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FULL PACKET_2020-06-16
DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA June 2, 2020 SPECIAL MEETING OF THE CITY COUNCIL - INSTALLATION OF COUNCILMEMBER WARD 6 - June 2, 2020; 4:45 P.M. Mayor Pro Tern Villegas called the Special Meeting to order at 5:00 p.m. Mayor Pulido joined the meeting at 5:07 p.m. COUNCILMEMBERS Councilmember Bacel Councilmember Iglesi� Councilmember Penal Councilmember Solori Mayor Pro Tern Villeg� Mayor Pulido Councilmember-Elect COUNCILMEMBERS Councilmember Sarm COUNCILMEMBERS BACERRA, IGLESIAS, PENALOZA, SARMIENTO, SOLORIO, AND VILLEGAS PUBLIC COMMENTS - Agendized items only. None. RESOLUTION 55A. ADOPT A RESOLUTION DECLARING THE MAY 19, 2020 SPECIAL MUNICIPAL RECALL ELECTION RESULT - WARD 6 ELECTED OFFICER — Clerk of the Council Office MOT/ON: Adopt a resolution. RESOLUTION NO. 2020-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON MAY 19, 2020 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW DRAFT CITY COUNCIL MINUTES 1 U4-1 JUNE 2, 2020 Motion to Adopt RESOLUTION NO. 2020-043 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON MAY 19, 2020 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW moved by Councilmember Solorio seconded by Mayor Pro Tern Villegas. Councilmember Solorio motioned to adopt, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Solorio VOTE: AYES: Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio, Mayor Pro Tern Villegas (4) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento, Mayor Pulido, (2) OATH OF OFFICE ADMINISTERED TO OFFICER ELECTED Nelida Mendoza - Councilmember, Ward 6 Mayor Pulido joined the meeting at 5:07 p.m. o4bN Mayor Pulido adjourned Special Close meeting at 5:08 p.m. and convened to the DRAFT CITY COUNCIL MINUTES 1 O z _w JUNE 2, 2020 DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA June 2, 2020 CLOSED SESSION MEETING REGULAR CLOSED SESSION MEETING OF THE CITY COUNCIL - JUNE 2, 2020, 5:00 P.M. CALL TO ORDER - MAYOR PULIDO AX, Mayor Pulido called the Closed Session meeting to order at 5:08 p.m. Councilmember Sarmiento joined the meeting at 5:10 p.m. Councilmember Mendoza joined the meeting at 5:22 p.m. _ n,,, COUNCILMEMBERS Present: COUNCILMEMBERS BACERRA, MENDOZA, PENALOZA, SARMIENTO, SOLORIO, AND VILLEGAS COUNCILMEMBERS At STAFF Present PUBLIC COMMENTS — CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) 2. ANTICIPATED INITIATION OF LITIGATION PURSUANT TO SECTION 54956.9(d) OF THE GOVERNMENT CODE: One case - Potential filing of litigation to recover damages attributable to the presence of PFAS in the OC Groundwater Basin 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: DRAFT CITY COUNCIL MINUTES 1 U4-1 JUNE 2, 2020 Address of Property: 605 W. Santa Ana Blvd, (Building 28), Santa Ana CA 92701; Assessor Parcel No. 008-067-36 Agency Negotiator: Kristine Ridge, City Manager Negotiating Parties: Terry Todd, California Department of General Services Under Negotiation: Price and terms related to the possible acquisition of real property. CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting. r_1.aLn11V0Eel 11601:11 &*&&AEel ►Wil01Wale] 0 0:11►1:2r.11r:IQ0:1e1lU_VZ.7»0�9*XyEel 01 Mayor Pulido adjourned Closed Session meeting at 6:11 p.m. and convened to the Regular Open Session 6:18 p.m. Im DRAFT CITY COUNCIL MINUTES 1 O z _w JUNE 2, 2020 CITY COUNCIL REGULAR OPEN MEETING - JUNE 2, 2020, 5:45 p.m. (Immediately following the Closed Session Meeting) CALL TO ORDER - MAYOR PULIDO Mayor Pulido adjourned Closed Session meeting at 6:11 p.m. and convened to the Regular Open Session at 6:18 p.m. Councilmember Mendoza noted there is no conflict of interest regarding herself and Director of Community Development Steven Mendoza. COUNCILMEMBERS Present: -A COUNCILMEMBERS BACERRA, MENDOZA, PENALOZA,'SARMIENTO, SOLORIO, ANn \/II I Fr As COUNCILMEMBERS Absent: None STAFF Present PLEDGE OF ALLEGIANCE - MAYOR PULIDO INVOCATION - JERRY HILL, POLICE CHAPLAIN CLOSED SESSION REPORT - The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. City Attorney Sonia Carvalho stated there was no reportable action and stated that Mayor Pulido abstained from Closed Session item 1 due to a conflict of interest. PUBLIC COMMENTS Michelle spoke in support of item 65B and the continuation of the legal defense fund. Claudio Gallegos speaking on behalf Congressman Lou Corera regarding support of 65B and the continuation of the legal defense fund. CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 55B. Councilmember Mendoza abstained on Item 10A. Motion to Approve the Consent Calendar items Approve staff recommendations on the following Consent Calendar items: Items 10A through 55B with the exception of items DRAFT CITY COUNCIL MINUTES 1 Off,-3 JUNE 2, 2020 10A, 22A-22E,25F and 55A. Councilmember Mendoza abstained on Item 10A, moved by Councilmember Bacerra seconded by Mayor Pro Tern Villegas. Councilmember Bacerra motioned to approve the consent calendar items, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Bacerra VOTE: AYES: Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) ADMINISTRATIVE MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF MAY 19, 2020 —Clerk of the Council Office MOTION: Approved Minutes. Councilmember Mendoza abstained on Item 10A as she was not present at the May 19, 2020 City Council meeting. Motion to Approve Approved Minutes. moved by Councilmember Penaloza seconded by Mayor Pro Tern Villegas. Councilmember Penaloza motioned to approve, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Penaloza VOTE: AYES: Councilmember Bacerra, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (6) DRAFT CITY COUNCIL MINUTES 1 O Q _4 JUNE 2, 2020 NOES MISCELLANEOUS ADMINISTRATION None (0) Councilmember Mendoza (1) None (0) 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) —City Attorney's Office City Attorney Sonia Carvalho stated there was no reportable action and stated that Mavor Pulido abstained from item 1 due to a conflict of interest. EXCUSED ABSENCES — Clerk o BUDGETARY MATTERS r_1»:i.1U:Fill IEel ua a11,91rdA1:01& 20A. APPROVE APPROPRIATION ADJUSTMENTS RECOGNIZING $598,916 OF HOUSING AUTHORITY ADMINISTRATIVE FEE FUNDING AND $2,828 IN MAINSTREAM VOUCHER PROGRAM ADMINISTRATIVE FEES (NON - GENERAL FUND) — Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-188 - Recognizing additional Housing Choice Voucher Program and Mainstream Voucher administrative funds in the amount of $601,744 in revenue account and appropriating the same amount to expenditure account. 20B. APPROVE AN APPROPRIATION ADJUSTMENT FOR $376,500 AND AUTHORIZE A PURCHASE AGREEMENT TOTALING $502,000 FOR REAL PROPERTY ACQUISITION FOR WARNER AVENUE IMPROVEMENTS PHASE 2 (PROJECT NO. 18-6901) (NON -GENERAL FUND) - Public Works Agency Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-187 - In the amount of $376,500 in Measure M2 Competitive, Arterial Capacity Enhancements grant funding from the Measure M-Street Construction revenue account and appropriate the same amount to the Measure M2 Competitive Street, Land expenditure account for property acquisition referenced below. Authorize the City Manager to execute a purchase agreement with Salvador Arreola Valencia for the real property full acquisition and goodwill (if any) for real property located at 2246 S. Standard Ave. (APN 016-211-25) in the amount of $502,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-109). DRAFT CITY COUNCIL MINUTES 1 O $, _5 JUNE 2, 2020 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion to Approve Items 22A-22E moved by Mayor Pro Tern Villegas seconded by Councilmember Penaloza. Mayor Pro Tern Villegas motioned to approve, seconded by Councilmember Penaloza. MOTION: Mayor Pro SECOND: Councilmember Penaloza Tern Villegas VOTE: AYES: Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) 22A. AWARD A PURCHASE ORDER IN THE AMOUNT OF $44,227 TO COURTESY CHEVROLET CENTER, FOR ONE CHEVROLET SILVERADO 250OHD TRUCK (NON -GENERAL FUND) (SPECIFICATION NO. 20-071) - Finance and Management Services Agency and Public Works Agency MOTION: Authorize a one-time purchase and payment of purchase order to Courtesy Chevrolet Center for one Chevrolet Silverado 250OHD Truck in the amount of $44,227, plus a contingency of $5,000 for a total amount not to exceed $49,227, subject to non - substantive changes approved by the City Manager and City Attorney. 22B. AWARD A PURCHASE ORDER IN THE AMOUNT OF $640,915 TO LOS ANGELES TRUCK CENTERS, LLC, FOR TWO CNG FREIGHTLINERS WITH CUSTOM BODIES (NON -GENERAL FUND) (SPECIFICATION NO. 20-044) - Finance and Management Services Agency and Public Works Agency MOTION: Authorize a one-time purchase and payment of purchase order to Los Angeles Truck Center, LLC, for two CNG freightliners with custom bodies in the amount of $630,915, with a contingency of $10,000, for a total amount not to exceed $640,915, subject to non -substantive changes approved by the City Manager and City Attorney. 22C. AWARD A PURCHASE ORDER IN THE AMOUNT OF $131,825 TO COURTESY CHEVROLET CENTER, FOR FIVE CHEVROLET COLORADO CREW CAB TRUCKS (GENERAL FUND) (SPECIFICATION NO. 20-050) - Finance and Management Services Agency; Public Works Agency and Parks, Recreation and Community Services Agency DRAFT CITY COUNCIL MINUTES 1 O fj, _6 JUNE 2, 2020 MOTION. Authorize a one-time purchase and payment of purchase order to Courtesy Chevrolet Center, for five Chevrolet Colorado Crew Cab trucks in the amount of $131,825, subject to non -substantive changes approved by the City Manager and City Attorney. 22D. AWARD A PURCHASE ORDER IN THE AMOUNT OF $131,608 TO COURTESY CHEVROLET CENTER, FOR SIX CHEVROLET MALIBU SEDANS FOR THE POLICE DEPARTMENT (NON -GENERAL FUND) (SPECIFICATION NO. 20-073) - Finance and Management Services Agency; Public Works Agency and Police Department MOTION. Authorize a one-time purchase and payment of purchase order to Courtesy Chevrolet Center, for six Chevrolet Malibu sedans in the amount of $131,608, subject to non -substantive changes approved by the City Manager and City Attorney. 22E. AWARD A PURCHASE ORDER IN THE AMOUNT OF $85,674 TO IRV SEAVER MOTORCYCLES. FOR TWO POLICE MOTORCYCLES AND REPAIR SERVICES FOR THE POLICE DEPARTMENT (NON -GENERAL FUND) (SPECIFICATION NO. 20-065) - Finance and Management Services Agency; Public Works Agency and Police Department MOTION. Authorize a one-time purchase and payment of purchase order to Iry Seaver Motorcycles, for two Police Department motorcycles in the amount of $60,674, which includes a $5,000 contingency, and a $25,000 contract for motorcycle repairs for a total amount not to exceed $85,674, subject to non -substantive changes approved by the City Manager and City Attorney. low AGREEMENTS 25A. APPROVE AN AGREEMENT WITH CASA DE LA FAMILIA IN A TOTAL AMOUNT NOT TO EXCEED $131,040 TO PROVIDE THE SANTAANA FAMILY JUSTICE CENTER WITH AN OPERATIONS SPECIALIST - Police Department MOTION. Authorize the City Manager to execute a six-month professional services agreement with Casa De La Familia, with two six-month options for renewal, in a total amount not to exceed $131,040, for the period of July 1, 2020 through December 31, 2020, to provide an Operations Specialist to the Santa Ana Family Justice Center, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-110 was approved. 25B. APPROVE COOPERATIVE AGREEMENTS WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR TRAFFIC SIGNAL SYNCHRONIZATION CORRIDORS ON EDINGER AVENUE IN THE AMOUNT OF $99,356, WARNER AVENUE IN THE AMOUNT OF $83,277, AND MACARTHUR BOULEVARD IN THE AMOUNT OF $77,438 (PROJECT NOS. 20-6967, 20-6968 & 20-6969) (NON -GENERAL FUND) - Public Works Agency DRAFT CITY COUNCIL MINUTES 1 U z _7 JUNE 2, 2020 MOTION. Authorize the City Manager to execute three cooperative agreements with the Orange County Transportation Authority to implement Traffic Signal Synchronization projects on Edinger Avenue (C-0-2037) in the amount of $99,356, on Warner Avenue (C- 0-2039) in the amount of $83,277, and on MacArthur Boulevard (C-0-2038) in the amount of $77,438, for the term beginning upon execution of the agreement by the Orange County Transportation Authority, City of Santa Ana, and the other participating agencies, and effective until June 30, 2025, with an option to be extended as needed by the City of Santa Ana and participating agencies, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX, A-2020-XXX and A- 2020-XXX). This consent Item - Agreement Nos. 2020-111, 2020-112, 2020-113 were approved. 25C. APPROVE AN AGREEMENT WITH SIEMENS INDUSTRY, INC. FOR HVAC AND LIGHTING CONTROL SYSTEMS MAINTENANCE IN AN AMOUNT NOT TO EXCEED $661,659 FOR A FIVE-YEAR TERM (NON -GENERAL FUND) — Public Works Agency MOTION. Authorize the City Manager to execute an agreement with Siemens Industry, Inc. for HVAC and lighting control system maintenance beginning July 1, 2020 to June 30, 2023, with provisions for two one-year extensions exercisable by the City Manager and City Attorney, in the amount of $286,659 with a $375,000 contingency, for a total amount not to exceed $661,659, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-114 was approved. 25D. APPROVE AN AGREEMENT WITH SHAMROCK SUPPLY COMPANY, INC. TO PROVIDE A CENTRAL STORES CONSIGNMENT INVENTORY PROGRAM FOR A FIVE YEAR TERM IN AN ANNUAL AMOUNT OF 750,000, WITH PROVISIONS FOR TWO ONE-YEAR EXTENSIONS, FOR A TOTAL AGREEMENT AMOUNT OF $5,250,000 (INCLUDING THE TWO ONE-YEAR EXTENSIONS) (SPECIFICATION NO. 20-019) (NON -GENERAL FUND) - Public Works Agency MOTION: Authorize the City Manager to execute an agreement with Shamrock Supply Company Inc. to provide a consignment inventory program for a five-year period beginning July 1, 2020 and expiring on June 30, 2025, with provisions for two one-year extensions exercisable by the City Manager and the City Attorney, in an annual amount of $750,000, for a total agreement amount not to exceed $5,250,000, including renewal options, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-115 was approved. DRAFT CITY COUNCIL MINUTES 1 O $ _8 JUNE 2, 2020 25E. APPROVE SECOND AGREEMENT FOR PARKING CONSULTING SERVICES WITH WALKER CONSULTANTS FOR AN AMOUNT NOT TO EXCEED $34,650 (NON -GENERAL FUND ) — Finance and Management Services Agency and Community Development Agency MOTION: Authorize the City Manager to execute a second agreement with Walker Consultants to complete the development of a parking operator Request for Proposal, functional design analysis, and on -call services as needed for one (1) year beginning July 1, 2020 through June 30, 2021 in an amount not to exceed $34,650 that includes a contingency of $3,150 subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-116 was approved. 25F. APPROVE MUNICIPAL FACILITIES LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC AND CROWN CASTLE FIBER LLC (GENERAL FUND) — Public Works Agency MOTION: Authorize the City Manager to execute agreements for the use of certain City facilities with New Cingular Wireless PCS, LLC for a ten-year period beginning June 8, 2020, and expiring June 7, 2030, and with Crown Castle Fiber LLC for a ten-year period beginning June 15, 2020, and expiring June 14, 2030, with provisions for two five-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX and A-2020-XXX). Motion to Approve Authorize the City Manager to execute agreements for the use of certain City facilities with New Cingular Wireless PCS, LLC for a ten-year period beginning June 8, 2020, and expiring June 7, 2030, and with Crown Castle Fiber LLC for a ten-year period beginning June 15, 2020, and expiring June 14, 2030, with provisions for two five-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-117 and A-2020-118). moved by Councilmember Penaloza seconded by Mayor Pro Tern Villegas. Councilmember Penaloza motioned to approve, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Penaloza VOTE: AYES: Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) NOES: None (0) DRAFT CITY COUNCIL MINUTES 1 Off,-s JUNE 2, 2020 ABSTAIN: None (0) ABSENT: None (0) RESOLUTIONS - CONSENT 55A. ADOPT A RESOLUTION AND APPROVE AN AGREEMENT WITH PUBLIC AGENCY RETIREMENT FOR ADMINISTRATIVE, RECORDKEEPING AND COMMUNICATION SERVICES PERTAINING TO THE 3121 (SOCIAL SECURITY ALTERNATIVE) PART TIME- SEASONAL DEFERRED COMPENSATION PLAN (NON -GENERAL FUND) - Finance and Management Services Agency 2. Adopt a resolution. RESOLUTION NO. 2020-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RESTATEMENT OF ITS EXISTING CITY OF SANTA ANA 3121 PART-TIME SOCIAL SECURITY RETIREMENT PLAN FOR ADMINISTRATIVE AND INVESTMENT SERVICES WITH PARS AS TRUST ADMINISTRATOR OF THE PLAN AND UNION BANK AS TRUSTEE OF THE PLAN Authorize the City Manager to execute an agreement with Public Agency Retirement Services (PARS) for a period of five years beginning July 1, 2020 and expiring on June 30, 2025 with provisions for two one- year extensions for the period July 1, 2025 and expiring on June 30, 2027, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). Motion to Approve 1. Adopt RESOLUTION NO. 2020-044 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RESTATEMENT OF ITS EXISTING CITY OF SANTA ANA 3121 PART-TIME SOCIAL SECURITY RETIREMENT PLAN FOR ADMINISTRATIVE AND INVESTMENT SERVICES WITH PARS AS TRUST ADMINISTRATOR OF THE PLAN AND UNION BANK AS TRUSTEE OF THE PLAN 2. Authorize the City Manager to execute an agreement with Public Agency Retirement Services (PARS) for a period of five years beginning July 1, 2020 and expiring on June 30, 2025 with provisions for two one-year extensions for the period July 1, 2025 and expiring on June 30, 2027, subject to non -substantive changes approved by the City DRAFT CITY COUNCIL MINUTES 1 O4_ 1 O JUNE 2, 2020 Manager and City Attorney (Agreement No. A-2020-119). moved by Councilmember Mendoza seconded by Councilmember Sarmiento. Councilmember Mendoza motioned to approve, seconded by Councilmember Sarmiento. MOTION: VOTE Councilmember Mendoza AYES: IkiIQ=K! ABSENT: SECOND: Councilmember Sarmiento Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) None (0) None (0) None (0) 40 55B. ADOPT A RESOLUTION TO AUTHORIZE THE PLANNING AND BUILDING AGENCY TO FILE A GRANT APPLICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR LOCAL EARLY ACTION PLAN (LEAP) GRANT PROGRAM FUNDS — Planning and Building Agency MOTION: Adopt a resolution. RESOLUTION NO. 2020-045 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE APPLICATION AND RECEIPT OF FUNDS FROM THE LOCAL EARLY ACTION PLANNING (LEAP) GRANTS PROGRAM This consent Item- Resolution No. 2020-045 was approved. END OF CONSENT CALENDAR DRAFT CITY COUNCIL MINUTES 1 O -1 1 JUNE 2, 2020 BUSINESS CALENDAR 10:11ae]:4169 PUBLIC COMMENTS - WILL BE MADE AVAILABLE TO COMMENT BY CALLING: (669) 900-9128, MEETING ID: 315 965 149#. DIAL *9 TO LET US KNOW THAT YOU WANT TO SPEAK. 65A. REVIEW PROPOSED CHARTER AMENDMENTS FROM THE AD HOC CHARTER REVIEW COMMITTEE AND PROVIDE DIRECTION TO STAFF — City Manager's Office; Clerk of the Council Office and City Attorney's Office MOTION: Review the proposed Charter amendments from the Ad Hoc Charter Review Committee and provide direction to staff. Council discussion ensued. Mayor Pulido motioned for a two -week continuance, seconded by Mayor Pro Tern Villegas. Councilmember moved a substitute motion to hear the presentation, seconded by Councilmember Bacerra. Motion to Amend to hear presentation and continue Item 65A for two weeks. moved by Councilmember Penaloza seconded by Councilmember Bacerra. Councilmember Penaloza motioned to amend, seconded by Councilmember Bacerra. MOTION: Councilmember Penaloza VOTE: AYES: NOES: ABSTAIN: ABSENT: 69leis] ki1IX016 M, I1 1I TMIfrcmF] Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (5) Mayor Pro Tern Villegas, Mayor Pulido (2) None (0) None (0) City Manager Kristine Ridge provided a brief presentation. Council discussion continued. DRAFT CITY COUNCIL MINUTES 1 U4-12 JUNE 2, 2020 PUBLIC COMMENTS - WILL BE MADE AVAILABLE TO COMMENT BY CALLING: (669) 900-9128, MEETING ID: 315 965 149#. DIAL *9 TO LET US KNOW THAT YOU WANT TO SPEAK. 65B. CONSIDER THE FISCAL YEAR 2020-21 DRAFT BUDGET AND THE SEVEN- YEAR CAPITAL IMPROVEMENT PROGRAM - Finance and Management Services Agency MOTION: Receive the Fiscal Year 2020-21 (FY20-21) draft budget and provide additional direction. Public Comments: Kelly spoke in opposition of police department budget increase. Thai Phan spoke regarding in support of continued Universal Legal Defense funding. Hector Bustos spoke regarding weekend events, council support and voiced opposition to item 65B as it pertains to public safety. "" Indigo Vu spoke regarding item 65B and expressed the importance of allocating funds for services needed by the community. Monica Suter, Chapter Vice President of Santa Ana Employees Association 721 (SEIU), spoke in opposition of item 65B and requests continuance of item with regards to proposed workforce changes, budget staffing decisions and reductions in part-time budge savings. Erica Gonzalez spoke in opposition of the increase in police funding in Item 65B. Carlos Perrea spoke in support of the renewal of legal defense fund and opposition of the increase in funds to the police department. Karina Gutierrez spoke in support of continued Universal Legal Defense funding. Luis Aleman spoke in support of the immigrant defense fund and in opposition to the elimination of 176 jobs. Roberto Herrera, Director of Community Engagement for Resilience Orange County, spoke regarding a police oversight committee, council support to denounce racism, youth investment, housing, support of Universal Legal Defense fund and current issues. Felicity Figueroa spoke in support of continued Universal Legal Defense funding. DRAFT CITY COUNCIL MINUTES 1 U } _ 1 3 JUNE 2, 2020 Tracy Law spoke regarding in support of Item 65B, in particular the legal defense fund and oppose public safety funding. Ana Karen Cardenas spoke in opposition of item 65B specifically increase in public safety funding. Jessie Lopez spoke regarding item 65B, the importance of prioritizing the budget, the essential part-timers that were laid off and support of legal defense fund. Hairo Cortes, Executive Director of Chispa, spoke in opposition to the public safety fund, expressed support of a police oversight committee, and in support of the Legal Defense Fund. Abigail Alamar spoke in opposition of item 65B, specifically regarding the reduction in jobs along with various topics. An unidentified speaker spoke regarding in support of the legal defense fund. Carla Juarez spoke in support of item 65B and request an oversight committee. Hector Bustos requests that council adopt a budget that places its residents first. Kaleigh spoke in opposition of public safety funding. Luis Cachua spoke in opposition of public safety funding} Maria Ceja spoke regarding in opposition of public safety funding and request funding be redirected to public resources. Clerk of the Council Daisy Gomez made an announcement and reported out on eComments received. City Manager Kristine Ridge introduced a brief presentation Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation. Council discussion ensued and direction to staff provided. Chief David Valentin provided a brief summary of weekend events. Fire Chief Henery James provided a brief summary of the weekend events. City Attorney Sonia Carvalho requested City Council to permit the addition of an emergency item pertaining to an imminent threat for their consideration at tonight's council meeting. DRAFT CITY COUNCIL MINUTES 1 U }4_ 1 4 JUNE 2, 2020 RATIFICATION OF PROCLAMATION OF LOCAL EMERGENCY Motion to Approve an emergency item added that came to the attention subsequent to the agenda being posted. moved by Mayor Pulido seconded by Councilmember Penaloza. Mayor Pulido motioned to approve, seconded by Councilmember Penaloza. IJ1f9111h].A VOTE Mayor Pulido AYES I.IQ:K ABSTAIN: ABSENT: Chief Valentine addressed council F9xdS]kiIexere M, 1111- iilTMgTiF rem Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) None (0) Nk None (0) Council discussion ensued after the motion of Resolution No. 2020-046 was seconded. Councilmember Sarmiento requested to consider an oversight commission to build mutual communication and trust. Mayor Pro Tern Villegas spoke in support of considering an oversight commission. Councilmember Penaloza spoke in support of considering an oversight commission. Motion to Adopt RATIFICATION OF PROCLAMATION OF LOCAL EMERGENCY RESOLUTION NO. 2020-046 ENTITLED: CITY OF SANTA ANA EXECUTIVE ORDER NO. 6-2020 AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES FOR THE CITY OF SANTA ANA ORDERING A CURFEW BEGINNING AT 10:OOPM SUNDAY, MAY 31, 2020 AND CONTINUING UNTIL MONDAY, JUNE 1, 2020 AT 5:00 AM IN RESPONSE TO CIVIL UNREST RESULTING FROM PROTESTS moved by Mayor Pulido seconded by Councilmember Bacerra. Mayor Pulido motioned to adopt, seconded by Councilmember Bacerra. DRAFT CITY COUNCIL MINUTES 1 U } _ 1 5 JUNE 2, 2020 MOTION: Mayor Pulido VOTE: AYES Iall :I1[do aA9:11►Eel9 SECOND: Councilmember Bacerra Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 14 75A. PUBLIC HEARING -ADOPT A RESOLUTION TO INCREASE CURBSIDE CART REFUSE RATES (NON -GENERAL FUND) — Public Works Agency Legal Notice published in the Orange County Reporter on May 22, 2020 and May 29, 2020. Notices were mailed on or before April 15, 2020. MOTION: Hold a Public Hearing and adopt a resolution increasing the City curbside cart refuse rates by $1.90, effective July 1, 2020, and by $1.50, effective July 1, 2021. RESOLUTION NO. 2020-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADJUSTING RATES FOR RESIDENTIAL/CURBSIDE REFUSE COLLECTION SERVICE PROVIDED BY THE CITY OF SANTA ANA Public Works Agency Project's Manager 'Christy 'I<indig provided a brief presentation. Council discussion ensued. Mayor Pulido opened the public hearing at 9:52 p.m. Public Comments: Carla Juarez spoke in opposition of Item 75A. Carmen Granados Espinosa spoke on behalf of herself, Gabriel Espinoza, and Antonio Grandos in opposition of item 75A. Jarvis Jennings spoke on behalf of himself, Lupe Jennings, Bernie Miranda, and Maria Miranda in opposition of item 75A Clerk of the Council, Daisy Gomez, reported out on written opposition received for Item 75A. DRAFT CITY COUNCIL MINUTES 1 U } _ 1 6 JUNE 2, 2020 Mayor Pulido seeing no more speakers closed the Public Hearing at 10:01 p.m. Council discussion ensued. Motion to Table indefinitely at the discretion of City Manager Kristine Ridge. moved by Mayor Pulido seconded by Councilmember Sarmiento. Mayor Pulido motioned to table indefinitely, seconded by Councilmember Sarmiento. MOTION: VOTE Mayor Pulido AYES NOES ABSTAIN: SECOND: Councilmember Sarmiento Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) None (0) None (0) None (0) 75B. PUBLIC HEARING — ADOPT A RESOLUTION AUTHORIZING THE CITY TO APPLY FOR AND ADMINISTER THE PERMANENT LOCAL HOUSING ALLOCATION PLAN — Community Development Agency Legal Notice published in the Orange County Register on May 18, 2020. MOTION: Adopt a resolution. RESOLUTION NO. 2020-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AND ADOPTING A PLAN AND AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR PERMANENT LOCAL HOUSING ALLOCATION ("PLHA") FUNDS Executive Director of Community Development Agency Steven Mendoza provided a brief presentation. Mayor Pulido opened the public hearing at 10:16 p.m. Public Comments: Luis Perez, Political Director for UA Local 582, spoke regarding making local housing attainable. Mayor Pulido closed the public hearing at 10:19 p.m. DRAFT CITY COUNCIL MINUTES 1 U } _ 1 7 JUNE 2, 2020 Motion to Adopt RESOLUTION NO. 2020-047 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AND ADOPTING A PLAN AND AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR PERMANENT LOCAL HOUSING ALLOCATION ("PLHA") FUNDS moved by Councilmember Solorio seconded by Mayor Pro Tern Villegas. Councilmember Solorio motioned to adopt, seconded by Mayor Pro Tern Villegas. IJ1f9111P].A VOTE Councilmember Solorio AYES: NOES ABSTAIN:" ABSENT: SECOND: Mayor Pro Tern Villegas Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern, Villegas, Mayor Pulido (7) None (0) None (0) None (0) COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. Only action available to City Council is to provide direction to City Manager. 85A. DISCUSS AND CONSIDER DIRECTING THE CITY MANAGER TO DEVELOP OPTIONS THAT WOULD ENCOURAGE HOUSING CONSTRUCTION IN AN EFFORT TO OVERCOME THE NEGATIVE IMPACTS OF THE PANDEMIC ON OUR ECONOMY — Councilmember Bacerra, Mayor Pro Tern Villegas and Mayor Pulido Public Comments: Steve La Motte, Executive Officer of the Building Industry Association of Southern California, Inc., expressed concern with expanding the Housing Opportunity Ordinance and expressed support on any effort to lessen the fee burden, and find ways of incentivizing housing in the City of Santa Ana. John Hanna, representative of the Southwest Regional Council of Carpenters, spoke in support of the theme of Item 85A and recommends that Santa Ana look at options that would encourage both residential and commercial construction to overcome the negative impacts and provide long term revenue. DRAFT CITY COUNCIL MINUTES 1 U4-18 JUNE 2, 2020 Eric Nelson, Executive Director of the Building Industry Association of Southern California, Inc., spoke in support of policy change that would encourage housing construction. Tim O'Brien with Legacy Partners spoke in support of Item 85A and consider a freeze on projects that are in plan check as well as in the entitlement process. Nathaniel Greenside spoke in support of Item 85A and Community Land Trusts that ensure permanent housing, and an Ordinance to consider Community Land Trust. Ernesto Medrano with the Los Angeles/Orange Counties Building and Construction Trades council spoke in support of the item and the importance of having skilled and trained workforce for local hiring. Sunti Kumjim, President for the Building Industry Association, Orange County Chapter, spoke in support of item and consider a two-year pause to the Housing Opportunity Ordinance. Carla Juarez spoke in support of Item 85A and in support of Community Land Trust. Brian Germain, resident and member of SMART Local Union 105, spoke regarding local hiring. Luis Andres Perez, Political Director for UA Local 582, spoke regarding local hiring, development without displacement, and the importance of investing in housing. Doug Mangione with International Brotherhood of Electrical Workers Orange County 441 spoke item 85A with recommendations. Manny Escamilla spoke in support of the overall idea of boosting local housing construction, cautioned on rewriting the Housing Opportunity Ordinance and in support of local hire and making sure we have a trained workforce. Council discussion ensued and direction provided to City staff. RECESSED THE COUNCIL MEETING AND CONVENED TO THE HOUSING AUTHORITY MEETING AT 11:17 P.M. RECESSED THE HOUSING AUTHORITY MEETING AND RECONVENED TO THE REGULAR OPEN MEETING AT 11:19 P.M. DRAFT CITY COUNCIL MINUTES 1 U4-19 JUNE 2, 2020 COMMENTS (NON -AGENDA ITEMS) Kaylee spoke regarding tenant protection laws and requested council to extend the rent freeze moratorium. Carla Juarez spoke regarding the in lieu fees paid by developers, extending the rent increase moratorium and expressed support of the Community Land Trust. Maira Ceja spoke regarding an extension of the rent freeze. Nathaniel Greenside spoke in support of investment in youth services, rent moratorium, enacting polices to incentivize landlords to follow the law and implementation of an oversight police committee. Mextli Lopez spoke in support of enacting policies to incentivize landlords to follow the law and extend the rent freeze moratorium. Olga Rodriguez Lao spoke in support of implementing an oversight police committee. Carl Benninger welcomed Councilmember Mendoza, thanked police, and spoke in support of open meetings. Clerk of the Council Daisy Gomez reported out on correspondence received on non- agendized comments. At 11:35 p.m. Mayor Pro Tern Villegas announced that Mayor,Pulido left the meeting. 90A. CITY MANAGER'S COMMENTS City Manager Kristine Ridge announced opening of City Hall on June 1, 2020 with state mandated safety measures and appointments. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Bacerra made community announcements. Councilmember Mendoza made community announcements. Councilmember Solorio made community announcements. Councilmember Sarmiento made community announcements. Councilmember Penaloza made community announcements. Mayor Pro Tern Villegas made community announcements. ADJOURNMENT - Mayor Pro Tern Villegas adjourned the City Council meeting at 11:57 p.m. Adjourn in Memory of George Floyd, Breonna Taylor, Ahmaud Abery, Sean Reed, and Tony McDade DRAFT CITY COUNCIL MINUTES 1 U4-20 JUNE 2, 2020 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE RECEIVE AND FILE THE 2020 LEGISLATIVE PLATFORM AND 2019 LEGISLATIVE SCORECARD /s/ Kristine CITY MANAGER RECOMMENDED ACTION 1. Receive and file the 2020 Legislative Platform. 2. Receive and file the 2019 Legislative Scorecard. CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO DISCUSSION Legislative Platform The Legislative Platform (Exhibit 1) is a document that prescribes the City's position on legislative matters and serves as the foundation for the City to support or oppose legislation at the federal, state, and local level. It is utilized as a tool to protect and promote the City's interests on priority programs and projects, legislative proposals, and regulatory matters that may affect the City. The Legislative Platform provides a framework, consisting of guiding principles and legislative initiatives, which summarize the City's position on policy issues and priorities. The specific guiding principles and legislative priorities do not preclude the consideration of additional legislative and budget issues that may arise during the year. The development of the Legislative Platform, which typically commences at the beginning of the calendar year, was adjusted for calendar year 2020 to accommodate the changes made to the legislative sessions at the federal and state level. Namely, the COVID-19 pandemic shifted legislative calendars by suspending and postponing certain activities —and subsequent activity has focused on COVID-19 recovery efforts. To adapt to this change, staff evaluated the elements of the 2019 Legislative Platform, made necessary changes and updates, and prepared a refreshed 2020 Legislative Platform. The 2020 Legislative Platform adheres to the guiding principles adopted by the City Council as part of last year's legislative platform and adapts to recent events to prioritize COVID-19 recovery to protect the public's health and the economy. Below is a summary of the changes made to the Legislative Platform: 19C-1 2020 Legislative Platform and 2019 Legislative Scorecard June 16, 2020 Page 2 INITIATIVE CHANGE FROM 2019 TO 2020 Although former Attorney General Jeff Sessions Cannabis Regulation rescinded the Cole Memo, cannabis regulation remains a priority. This item was removed from the Legislative Platform. The new FY 2020-21 — 2024-25 Five -Year Strategic Citywide Strategic Plan Plan is now complete. This item was removed from the Legislative Platform. On March 10, 2020, the City was awarded $625,000 from the State's Department of Housing and Community Land Management System Development (SB 2 grant funds), which will fund the upgrading of the City's land management system. This item has been removed from the Legislative Platform. The 2020 Census enumeration process is currently Ensure Accurate Census 2020 underway and will be completed in the near future. This item was removed from the Legislative Platform. Expand Consumer Options for Internet This topic is included in the digital divide/equity item for Access the Information Technology department. This item was removed from the Legislative Platform. Health and Wellness This item was removed from the Legislative Platform and replaced with a new legislative initiative. Library Development This item was removed from the Legislative Platform and replaced with a new legislative initiative. With the creation of the stand-alone Library Services Library Services Department, this item was added to the Legislative Platform. Park Development This item was removed from the Legislative Platform and replaced with a new legislative initiative. Property Tax Revenue Allocations To ensure that revenue generation remains a priority, this item was added to the Legislative Platform. Science Education This item was removed from the Legislative Platform and replaced with a new legislative initiative. City staff remains engaged on this administrative Self -Service Portal activity. As such, it was removed from the Legislative Platform. Additionally, all of the legislative initiatives that were designated as "Joint -Department Initiatives" were reorganized into a specific City department. The corresponding department for each of the legislative initiatives outlined in the Legislative Platform will serve as the lead department and will work cross -departmentally to support each initiative. 19C-2 2020 Legislative Platform and 2019 Legislative Scorecard June 16, 2020 Page 3 Legislative Scorecard The 2019 Legislative Scorecard (Exhibit 2) summarizes the accomplishments and progress achieved throughout the 2019 calendar year. Each department outlined the completion of projects, grant funds acquired, and/or development attained. Further, our state and federal lobbyists provided updates on pertinent legislation that occurred in 2019 as it relates to the Legislative Scorecard. Recognizing the need to actively engage in legislative advocacy, the Legislative Scorecard helps strengthen the City's ability to articulate, influence, and monitor its progress on these and other priority policy issues. Engagement To increase engagement efforts, staff created a Legislative Advocacy webpage on the City's website (www.santa-ana.org/cm/legislative-advocacy) that provides a high-level overview of the City's current Legislative Platform, as well as shares digital copies of all of the City's previous platforms and scorecards. In addition, there is a section entitled "Find Your County, State, or Federal Representative" section that directs users to tools to locate their regional, state, and federal representatives. Staff will continue to engage the City Council and the public alike on legislative activities to continue to advocate for the City's best interests. As physical distancing requirements and restrictions on travel and other activities are lifted, staff will engage legislative partners, such as City's federal and state lobbyists, the League of California Cities, and others, to present to the City Council at a public meeting. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement, and Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action. Exhibits: 1. 2020 Legislative Platform 2. 2019 Legislative Scorecard 19C-3 I C SANTA ANA CITY OF SANTA ANA LEGISLATIVE PLATFORM v MIGUEL A. PULIDO Mayor Santa Ana is the iith Largest city in the State of California and the 4th most -dense city in the United States. As a diverse community, the city is dedicated to maximizing resources and improving the quality of life for everyone. The City Council adopts an annual Legislative Platform to streamline the ability to take a position on legislation that may impact the city. .q About the City of Santa Ana The City of Santa Ana is a 27-square mile, ethnically diverse city located 35 miles south of Los Angeles and roughly ten miles inland from the Pacific Ocean. With a total population of over 335,000, Santa Ana is Orange County's second largest city and serves as the county seat. The City comprises more than 60 distinct neighborhoods. The Santa Ana Unified School District is the local school district that serves the majority of our community. Additionally, there are six neighboring school districts that serve portions of the City including Garden Grove, Tustin, Orange, Irvine, Newport -Mesa, and Huntington Beach Unified School Districts. Incorporated in 1886, Santa Ana has established itself as Orange County's government powerbase and is colloquially known as Downtown Orange County. Santa Ana's centralized location places the City less than 30 minutes from most Southern California destinations, including four airports. Its density and transportation infrastructure enable residents and employees to embrace a sustainable lifestyle by commuting to work via bus, train, bicycle, or on foot. This convenience attracts a diverse population that appreciates Santa Ana's distinctive housing choices, energetic nightlife, and cultural amenities like the Artist's Village, Discovery Cube Orange County, Heritage Museum of Orange County, the Santa Ana Zoo at Prentice Park, and more. Santa Ana has a large and diverse business base, with over 30,000 businesses who employ over 150,000 people. Santa Ana is the corporate headquarters of several large companies, including Behr Paint and First American Financial Corporation. In 2016, Standard and Poor's assigned the City of Santa Ana an AA issuer credit rating. Although Santa Ana has proven to be resilient and adaptable, the current state of the COVID-19 pandemic, coupled with the civil unrest in response to the recent death of George Floyd of Minneapolis, MN and many others in the Black community across the United States, has posed a unique challenge to the City and other local governments alike. It is prudent that the City of Santa Ana carefully leverage its legislative priorities for the purpose of advocacy efforts at the regional, state and federal level to assist with recovery efforts and to continue to improve service delivery. 19C-6 3 How to Use the Legislative Platform Purpose The purpose of the Legislative Platform is to provide a means for summarizing the City's legislative priorities to guide advocacy efforts at the state and federal level. The Legislative Platform contains broad policy statements pertaining to a variety of issues that affect the City of Santa Ana. Platform Overview The Legislative Platform provides a streamlined process through which the City Council, City Manager, City staff, and the City's legislative advocates can act in a timely manner in response to legislative proposals. The Legislative Platform is adopted annually and serves as an opportunity to identify specific priority areas of interest for the City and the region, which benefit the community. The Legislative Platform is developed and maintained using legislative positions taken by the City Council, input from the City Council and City staff, research of current law and pending legislation, and discussions with local legislative staff in consultation with the City's legislative advocates. When the need to respond to state and federal legislation arises, staff composes letters outlining the City's position. These letters include one of the following positions: support, support if amended, oppose, oppose unless amended, neutral, or watch. Legislation that is consistent with the Legislative Platform are reviewed, approved and signed by the Mayor, Mayor Pro Tem, or City Manager. In addition, legislative positions that are deemed time -sensitive and are consistent with the Legislative Platform may be approved and signed by the City Manager when the Mayor and Mayor Pro Tern are unavailable. Once approved, a position letter is sent to the bill's author, the City's legislative advocate, and other stakeholders as deemed appropriate by staff, and a copy of the letter is distributed to the City Council. Legislation that is inconsistent with or silent in the City's Legislative Platform may be placed on a public meeting agenda for consideration by the City Council or a subcommittee of the City Council. The City Manager may also provide a letter of concern or interest on behalf of the City of Santa Ana without taking a formal position on a piece of legislation, upon concurrence of the City Council or subcommittee of the City Council. Legislative Positions Support —Asupport position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Santa Ana is in favor of the legislation in question. A support position may include the following resources: position letters, councilmember testimony to committees, and meetings/phone calls with members of the legislature and/or regulatory agency. Support if Amended — Asupport if amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Santa Ana is in favor of the legislation in question, if the requested changes are adopted. Asupport if amended position may include the following resources: position letters, councilmember testimony to committees, and meetings/phone calls with members of the legislature and/or regulatory agency. Neutral — A neutral position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Santa Ana is impartial on the legislation in question and does not wish to take a position. 19C-7 Oppose —An oppose position indicates to the corresponding legislature, regulatory agency, and other stakeholders that the City of Santa Ana is against the legislation in question. An oppose position may include the following resources: position letters, councilmember testimony to committees, and meetings/phone calls with members of the legislature and/or regulatory agency. Oppose Unless Amended —An oppose unless amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Santa Ana is against the legislation in question, unless the requested changes are adopted. An oppose unless amended position may include the following resources: position letters, councilmember testimony to committees, and meetings/phone calls with members of the legislature and/or regulatory agency. Watch — A watch position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Santa Ana is dedicating resources to monitor the legislation in question. 19C-8 5 Guiding Principles PRESERVE LOCAL CONTROL Preserve and protect the City's Charter powers, duties, and prerogatives to enact legislation and policy direction concerning local affairs and to oppose legislation that preempts local authority. II. PROMOTE FISCAL STABILITY Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve the City's revenue base and local control over local government budgeting. Oppose measures that shift local control and funds to the county, state, or federal governments without offsetting benefits. III. SUPPORT FUNDING OPPORTUNITIES Support opportunities that allow the city to compete for its fair share of regional, state, and federal funding. Opportunities to include competitive grants and dedicated funding streams at the regional, state, and federal levels that allow the City to maximize local revenues, offset and leverage capital expenditures, and maintain city goals and standards. IV. REGIONAL COLLABORATION AND COOPERATION Leverage the city's ability to preserve local control, promote fiscal stability, and support funding opportunities through collaboration with municipalities, local government agencies, special distracts, regional government agencies / organizations, and local, state, and federal elected representatives 19C-9 Legislative Initiatives The legislative initiatives outlined below are categorized by lead department, meaning that the corresponding department for each initiative will play a lead role and work cross -departmentally to support each initiative. City Manager's Office The City Manager's Office oversees the implementation of the City Council's policy decisions, while working with individual City departments to administer City operations and improve service delivery. The City Manager's Office also works collaboratively to develop action plans and programs to support the city's mission, values, and priorities that serve our great community. INITIATIVE SUMMARY STATE/FEDERAL COVID-19 Recovery Advocate for COVID-19 local recovery efforts by State/Federal providing cities with direct and flexible federal and state funding to support the public's health and the economy. Immigrant Rights Support state and federal legislation that State/Federal recognizes liberty, equal rights, pathway to citizenship, and due process for all individuals, regardless of immigration status. Secure Funding for Collaborate with the Office of the Governor to State/Federal Local Infrastructure secure funds for local infrastructure projects, Projects economic development, and public/green space. Clerk of the Council's Office The Clerk of the Council Office is responsible for the care of official records and documents of the city such as agendas, minutes, resolutions, ordinances, and for providing and maintaining legal and historical records and information. INITIATIVE I SUMMARY STATE/FEDERAL Increase Transparency Seek funding to increase transparency and improve service delivery. State/Federal Community Development Agency The Community Development Agency is responsible for providing services in the area of economic development, job training, affordable housing, and downtown development. The agency plans, develops, and administers programs to accomplish the public policy goals of the Santa Ana City Council, Santa Ana Housing Authority, and Workforce Investment Board. INITIATIVE SUMMARY STATE/FEDERAL Affordable Housing Support legislation that provides financial support State/Federal for affordable housing. Oppose legislation that seeks to limit local control over affordable housing decisions. 19C-10 Apprenticeship Support legislation that provides apprenticeships, State/Federal Training skills training, and other workforce development opportunities. Business and Collaborate with the Governor's Office of State Economic Business and Economic Development on Development initiatives that provide financial assistance to businesses looking to locate to or expand in Santa Ana. CDBG / HOME Collaborate with federal representatives to Federal preserve CDBG funding for Santa Ana to ensure the development of capital park projects, social service programs, and parks/recreation programs. Seek to protect the HOME Investment Partnerships Program from funding cuts, which help expand affordable housing, increase jobs, and rovide ublic services. Foster Development Support investment of the Recycling Market State of Green Businesses Development Zone Program that creates jobs, reduces greenhouse gas emissions, and diverts waste from landfills through the City's designation and participation in the Orange Count Rec clin Market Development Zone. Homelessness Support legislation that provides financial or State/Federal policy support to local governments that work to address issues surrounding homelessness. Housing Choice Advocate for funding for the Housing Choice Federal Program Access Voucher Program and the program's administrative fees. Housing First Support legislation that expands funding for the Federal Program Housing First Model to provide permanent supportive housing for individuals that are homeless. Skills Gap Support legislation that promotes industry State/Federal training and employment opportunities for job seekers to assist in achieving a livable wage. Tax Credits Work alongside NAHRO and the ACTION Federal campaign to establish a permanent four (4) percent credit rate for allocated acquisition credits and to raise the annual housing credit allocation to states. Support legislation to expand and improve the affordable housing credit program. WIOA Funding Support and advocate for funding of the Federal Workforce Innovation and Opportunity Act (WIOA), which enables the City to continue to invest in workforce education, infrastructure, training, and job search assistance 19C-11 Finance and Management Services Agency The Finance and Management Services Agency manages and controls the City's financial operations at the highest level of efficiency, through effective staffing and management. The agency safeguards public funds through proper internal controls, expenditures, and service operations. In addition, support services are provided for all City agencies and residents. INITIATIVE SUMMARY STATE/FEDERAL Pensions Support legislation to assist local governments in State/Federal addressing pension liability issues. Property Tax Support legislation that protects property tax State Revenue Allocations revenues allocated to cities. Human Resources Department The Human Resources Department recruits and develops a talented workforce, ensuring a safe and healthy work environment. Delivering highly responsive professional expertise and services, the department uses innovative and transparent approaches with professional integrity. INITIATIVE SUMMARY STATE/FEDERAL Employee Support legislation that maintains healthcare rates at State/Federal Health an affordable and/or market rate value to provide employees with beneficial health coverage. Employee Safety Support and advocate for legislation that promotes State/Federal the safety of employees. Pension Reform Support legislation that preserves local authority in State/Federal designing retirement formulas for employees. Information Technology Department The Information Technology Department provides innovative, quality, sustainable, and secure technology solutions, services, and infrastructure that are fiscally responsible and empower City departments to deliver quality services. INITIATIVE SUMMARY STATE/FEDERAL Control of City Support legislation that maintains local control over State/Federal Assets municipal assets in the deployment of next generation technological infrastructure. Cyber Security Support state and federal legislation that promotes State/Federal the implementation of a centralized cyber security management system. Digital Divide Support and advocate for legislation that supports State/Federal local governments in expanding digital access in underserved communities to create more opportunities for economic mobility and civic involvement. 19C-12 Library Services Santa Ana Public Library's purpose is to respond to the community's informational, educational, and personal interest needs using books, materials, technology, and professional expertise. INITIATIVE SUMMARY STATE/FEDERAL Library Services Support the Santa Ana Public Library by advocating State/Federal for the following: (1) infrastructure needs; (2) equitable access to library and information services; (3) library participation/representation in statewide initiatives for early education, adult/family literacy, digital literacy, career support, services for vulnerable populations, after-school/summer programs for youth, and other educational and social service programs; 4 and funding Parks, Recreation and Community Services Agency The Parks, Recreation and Community Services Agency is responsible for delivering a variety of services to the community, including recreation programs, parks, and the operation of the Santa Ana Zoo. INITIATIVE SUMMARY STATE/FEDERAL Administration of Oppose legislation that has a negative impact on the State/Federal Parks and administration of park and recreation services and Recreation resource management including the sale of park Services lands and open space, relaxations of park dedication fee requirements and the imposition of regulatory or statutory requirements that provide no added protections or benefit to Santa Ana's recreational consumer. Health and Support access opportunities for all Santa Ana State/Federal Wellness residents to physical activity, proper nutrition and healthy lifestyle options through the promotion of active transportation, complete street implementation, healthy foods, youth programming and maximizing the usage of green space in urban/suburban and rural settings for personal enjoyment. Parks and Support efforts to provide funding for the State/Federal Recreation rehabilitation, development and capital improvements Funding for local improvements in order to enhance the active and passive recreational infrastructures in the Santa Ana. Sustainability Support the enactment of policies and encourage State/Federal state funding opportunities to assist Santa Ana in meeting sustainability objectives including energy and water efficiencies, active transportation enhancements, connectivity and mobility improvements and carbon sequestration through natural landscape management and protection. 19C-13 10 Planning and Building Agency The Planning and Building Agency's objective is to provide a safe, attractive, and business - friendly community through the implementation of state and local construction codes, as well as planning and regulating future land uses. INITIATIVE SUMMARY STATE/FEDERAL Medical and Support legislation and regulatory actions that State/Federal Recreational maintain local control, consider health and safety Cannabis requirements, provide for community education opportunities, and increase assistance and funding to municipalities that have adopted ordinances related to cannabis. Prevent Advocate for legislation that supports technological State/Federal Deferred advancement for cities to ensure timely and thorough Maintenance building and code enforcement inspections that can help alleviate deferred maintenance. Sustainable Advocate for state and federal funding for planning, State/Federal Development outreach, and education to support sustainable development. Police Department The Santa Ana Police Department delivers public safety services to the community with the utmost professionalism and integrity. The department's values act as the guideline for the discretionary use of police powers and are the basis by which employee actions are evaluated. INITIATIVE SUMMARY STATE/FEDERAL Body Camera Continue support and advocacy for legislation that State/Federal Program helps the City acquire funding for a one-to-one ratio for body cameras and body camera memory storage. Enhance Public Support state and federal legislation that increases State/Federal Trust funding for initiatives that promote public trust and law enforcement community engagement strategies. Police Career Support legislation that increases funding for cities to State/Federal Pathway promote programming that encourages local youth to pursue a career with their local police department. Police Officer Support legislation that increases funding for cities to State/Federal Ratio increase the police officer to community ratio. Youth Support legislation and grant programs that have the State/Federal Prevention potential to reduce criminal involvement and provide Programs intervention programs 19C-14 11 Public Works Agency The Public Works Agency is responsible for building and maintaining all public streets, storm drains, sewers, and water facilities, in addition to the coordination of the collection and recycling of refuse, and graffiti removal. The agency ensures that the community enjoys high quality drinking water and is able to travel around the city efficiently. INITIATIVE SUMMARY STATE/FEDERAL Carpool Support legislation and grant programs that fund State/Federal Initiatives carpooling options such as buses, trains, and street cars Infrastructure Seek funding opportunities to address deferred State/Federal maintenance of publicly -owned City facilities Non -Motorized Support legislation and grant programs that increase State/Federal Transportation funding for cities that promote the reduction of greenhouse gases through the development of alternative methods of transportation Pedestrian & Advocate for legislation that increases funding for State/Federal Bicycle Safety safe pedestrian and bicycle activities, enforcement of traffic safety, and infrastructure improvements. Reduction of Explore state and federal grant programs that can State/Federal Traffic Fatalities help reduce traffic fatalities. Reduction of Explore state and federal grant programs that can State/Federal Traffic Fatalities help reduce traffic fatalities. SMSA Program Advocate for funding to complete the Safe Mobility State/Federal Program in Santa Ana Storm Drainage Support legislation that helps facilitate the financing of State/Federal Funding storm water and flood control projects 19C-15 12 CITY OF SANTA ANA 2019 State and Federal Legislative Platform SCORECARD 1b DEPARTMENT INITIATIVES City Manager's Office The City Manages Office oversees the implementation of all City Council policy decisions and direction, while providing leadership and guidance to department heads and other city staff, as well as developing action plans and programs to support the citys mission, values, and priorities that serve our great community. I.IY1IF11111119=1 Citywide Strategic Plan Develop a strategic plan that engages state and federal funding and initiatives. Ensure Accurate Census I Support federal legislation that 2020 provides the necessary resources required to achieve a fair and accurate census, especially among hard -to -count populations. 13d01 A x97G1 N 9111 ;j 27-Alk 0 (HK) Worked closely with the City to develop its 2019 Legislative Platform and strategic plan. Additional steps taken include: 1) Identified relationships with federal delegation and Administration that could be strengthened or expanded; 2) Set up and attended meetings with the federal delegation, White House, and key agencies; 3) Assisted with follow-ups from White House, agency, and congressional meetings. Further, HK has kept the City apprised of funding grant opportunities with key materials and follow-up discussions, particularly with regard to DOT surface transportation and grade separation grants (e.g., BUILD, INFRA, CRIS[), COPs and other DOJ grants, economic development, and housing programs, and UASI funding. In early 2020, the City issued a Request for Proposals from strategic planning consultants and selected OnStrategy. The process to develop the plan began in March 2020 and included digital meetings with Councilmembers, the Executive Management Team, and community members. A draft FY 2020-21 — FY 2024-25 Strategic Plan was introduced to the City Council at the May 19, 2020 meeting and is expected to be approved with the FY 2020-21 Budget. (HK) Joined in coalition with other cities in seeking full funding of the census at $6.7 billion in 2020 in order to reach hard -to -count populations and ensure that the Census Bureau is working in cooperation with the City. Currently HK is working in close coordination with the Census bureau to address challenges with hard -to -count populations. Staff have been working diligently to promote the 2020 Census and achieve an accurate and complete count in Santa Ana. We have requested support from federal, state, and local officials to provide the City with resources to conduct additional outreach in hard -to -count populations. To date, we have secured 19C-17 City of Santa Ana 2019 Legislative Scorecard a $50,000 grant from the County of Orange to conduct direct outreach. Immigrant Rights Support state and federal legislation (HK) Kept the City fully informed of key immigration that recognizes liberty, equal rights, developments, the impact of immigration related pathway to citizenship, and due court decisions on funding to cities, the impact of process for all individuals, regardless Administration regulatory changes (e.g., public of immigration status. charge rule), and legislative efforts to advance HR 6, the American Dream and Promise Act (passed by the House). The City has been a strong supporter of the Dream Act and HK helped draft a resolution in support of the legislation. (TPA) Monitored legislative efforts to repeal AB 54 (De Leon). Ultimately, efforts to repeal these provisions were unsuccessful. Secure Funding For Collaborate with the Office of the (TPA) Worked with City staff to identify projects for Local Infrastructure Governor to secure funds for local potential state budget funding. TPA worked with the Projects infrastructure projects, economic City to develop background materials, brief the City's development, and public/green delegation on the projects, and meet with staff from space. budget committees. Ultimately, the City did not have any projects included in the approved state budget. Clerk of the Council The Clerk of the Council Office is responsible for the care of official records and documents of the city such as agendas, minutes, resolutions, ordinances, and for providing and maintaining legal and historical records and information. INITIATIVE Increase City Transparency SUMMARY Seek grants to extend transparency features and improve services. Community Development Agency SCORECARD UPDATE (TPA) The League of California Cities (LOCC), through membership, offers the Helen Putnam Award for Excellence. TPA can assist in applying for the Internal Administration category, which focuses on economic and budget efficiency, communication and public records access. The Community Development Agency is responsible for providing services in the area of economic development, job training, affordable housing, and downtown development. The agency plans, develops, and administers programs to accomplish the public policy goals of the Santa Ana City Council, Santa Ana Housing Authority, and Workforce Investment Board. INITIATIVE Business and Economic Development SUMMARY Collaborate with the Governor's Office of Business and Economic Development on initiatives that provide financial assistance to businesses looking to locate or expand in Santa Ana. SCORECARD UPDATE (TPA) Worked with a coalition of stakeholders to advocate for legislation to improve the Opportunity Zone program. The Legislature failed to advance any significant legislation related to the Opportunity Zone program; however, there are bills currently being considered, such as SB 25 (Caballero), which 19C-18 City of Santa Ana 2019 Legislative Scorecard would provide streamlined judicial review of CEQA for projects financed by a qualified opportunity fund. The City has continued to work closely with the Governor's Office of Business and Economic Development (Go -Biz) on initiatives affecting local Santa Ana businesses. City staff continues to promote Go-Biz's available financial resources to assist in the retention and attraction of businesses in the City. Foster Development of Support investment of the Recycling The City has continued to support and market the Green Businesses Market Development Zone Program Recycling Market Development Zone Program as an that creates jobs, reduces economic incentive for manufacturing companies greenhouse gas emissions, and that produce products in the green business diverts waste from landfills through industry. Over 150 local businesses have received the city's designation and its information about this State incentive in the past participation in the Orange County year. Recycling Market Development Zone. Homelessness Support legislation that provides (HK) Worked to develop and build support for a financial or policy support to local broad range of measures that would increase governments that work to address funding to help local governments address issues surrounding homelessness. homelessness. In addition, as Congress continues to discuss an infrastructure package, HK is actively working to ensure that programs to develop affordable housing are part of this legislation. (TPA) Worked with the City, as well as the Big City Mayors and other stakeholders, to advocate for funding to help address issues surrounding homelessness. The State Budget created the Homeless Housing, Assistance and Prevention program, a $650 million one-time block grant that provides funds to support regional coordination and expand or develop local capacity, to address their immediate homelessness challenges. The City received a direct allocation of $8.2 million from the HHAP program. TPA also worked with the City to support legislation related to addressing issues related to homelessness. The City supported SB 450 (Umberg), which provides CEQA exemptions for certain motel to supportive housing conversion projects. SB 450 was signed into law by Governor Newsom. The City also supported SB 258 (Hertzberg), which would have required the State to develop a grant program for qualified homeless shelters to provide shelter, food, and basic veterinary services for pets owned by people experiencing homelessness. SB 258 was ultimately held in the Assembly Appropriations Committee due to cost concerns. Affordable Housing Support legislation that provides (HK) Advocated for the bicameral "Housing is financial support for affordable Infrastructure Act' introduced by the chair of the 19C-19 City of Santa Ana 2019 Legislative Scorecard housing. Oppose legislation that House Financial Services Committee, seeks to limit local control over Representative Waters. This would authorize $100 affordable housing decisions. billion for affordable housing infrastructure. Through advocacy, HK will continue to make clear the need to preserve local control over affordable housing decisions. (TPA) Worked with the City to monitor and provide updates on numerous affordable housing bills, including SB 50 (Wiener). TPA also worked with the City to support the following bills: AB 11 (Chiu) which would allow cities to create affordable housing and infrastructure agencies, subject to approval by the Strategic Growth Council, to fund affordable housing developments; SB 5 (Beall), which would have established the Affordable Housing and Community Development Investment Program, which would have provided funding for planning and construction of locally approved affordable housing developments; and AB 1482 (Chiu), which limited rent -gouging and put other renter protections into place. Ultimately, AB 11 was held in policy committee; SB 5 was vetoed by Governor Newsom; and, AB 1482 was signed into law. Housing First Program Support legislation that expands (HK) In close coordination with cities from across the funding for the Housing First Model country and the National Alliance to End to provide permanent housing for Homelessness, HK has been at the forefront of individuals that are homeless. legislative efforts to provide critically needed supportive services and permanent housing to address homelessness. HK helped draft the bipartisan, bicameral S 923/HR 1978 Fighting Homelessness Through Services and Housing Act, introduced by Senators Feinstein and Murkowski and Representatives Lieu and Stivers, which funds supportive housing models: HR 1856/S 2613 Ending Homelessness Act, introduced by Senator Harris and Representative Waters and S 3030, Eviction Crisis Act which includes an emergency assistance fund. HK also advocated in coalition for sustaining the Homeless Assistance Grants at $2.777 billion. Housing Choice Program Support passing of FY 2018 (HK) On vouchers, HK is working with the chair of Access appropriations bill with full funding the House Financial Services Committee on for the Housing Choice Voucher legislation to provide housing, case management Program and the program's and social services, including new Special Purpose administrative fees. Section 8 Housing Choice vouchers. Additionally, HK is advocating for expanding HUD-VASH veteran vouchers (HR 2398/S 2061); and for providing family unification vouchers to foster youth at risk of homelessness as they transition to adulthood (HR 4300/S 2803). The FY 2020 appropriations package included $23.9 billion for Tenant -based Rental Assistance, $1.3 billion above the 2019 enacted 19C-20 City of Santa Ana 2019 Legislative Scorecard level and $1.6 billion above the President's budget request. HOME Investment Seek to protect the HOME (HK) Worked in coalition with other cities to sustain Partnership Program Investment Partnerships Program the HOME Investment Partnership Program, vital to from funding cuts, which help the City's affordable housing efforts. Despite the expand affordable housing, increase Administration's efforts to zero out the program, jobs, and provide public services. Congress has maintained the program and increased it in FY 2020 to $1.35 billion. Tax Credits Work alongside NAHRO and the (HK) Worked closely with a broad range of ACTION campaign to establish a stakeholders, including NAHRO and the ACTION permanent four percent (4%) credit campaign, to establish a permanent expansion of rate for allocated acquisition credits the 4% Affordable Housing credit (formerly LIHTC) and to raise the annual housing (as introduced by Washington Senator Cantwell and credit allocation to states. Support Representative DelBene in S 1703/HR 3077). We legislation to expand and improve have worked to expand the list of CA Member the affordable housing credit sponsors. The legislation was almost included in the program. FY 2020 tax extender package and efforts are underway to include the legislation as part of a FY 2021 end of year tax/funding package. WIOA Funding Support and advocate for funding of (HK) Continues to work to support funding of the the Workforce Innovation and Workforce Innovation and Opportunity Act (WIOA). Opportunity Act (WIOA), which $3.4 billion is provided in FY 2020 for training and enables the city to continue to invest employment services, including state grants for adult in workforce education, training, and and youth activities; and national programs such as job search assistance. dislocated workers, YouthBuild, apprenticeships, and ex -offender activities; and new program leveraging community colleges in supporting local workforce development and industry needs. Apprenticeship Training Support legislation that provides (HK) Helped to secure increased funding totaling apprenticeships, skills training, and $175 million for apprenticeships, meeting with the other workforce development Department of Labor's National Apprenticeship opportunities. Program officials and with authorizers and appropriators. Additionally, $40 million is included for a new "strengthening community colleges initiative" to better align workforce development needs for in - demand industries and post -secondary schools. (TPA) Worked with the City to support AB 344 (Calderon), which would have established the California New Beginnings Program. The Program would have provided funding to cities for programs to provide homeless individuals with job training and employment opportunities. AB 344 was ultimately vetoed by Governor Newsom. Skills Gap Support legislation that promotes (TPA) Worked with the City to support AB 344 industry training and employment (Calderon), establishing the California New opportunities for job seekers to Beginnings Program, which would have provided assist in achieving a livable wage. funding to cities for programs offering homeless individuals with job training and employment 19C-21 City of Santa Ana 2019 Legislative Scorecard opportunities. AB 344 was ultimately vetoed by Governor Newsom. The City continues to pursue funding opportunities that focus on helping people acquire the skills to increase their earning power. A collaboration exists with Santa Ana College, which focuses on job training for English Language Learners. CDBG Funds Collaborate with federal (HK) Continues to vigorously push for increased representatives to preserve CDBG funding of Community Development Block Grant funding for Santa Ana to ensure the (CDBG) Program and its importance to cities, development of Capital Park including Santa Ana. For 2020, the CDBG Projects, social service programs, appropriation was increased to $ 3.424 billion, in and parks/recreation programs. contrast to the previous year of $3.3 billion. The City fully expended CDBG funds for various Capital Park Projects and met HUD's expenditure deadline. The City also awarded two years of funding for public service programs to provide more stability for the nonprofit services provided with this funding. Finance and Management Services Agency The Finance and Management Services Agency manages and controls the city's financial operations at the highest level of efficiency, through effective staffing and management. The agency safeguards public funds through proper internal controls, expenditures, and service operations. In addition, support services are provided for all city agencies and residents. INITIATIVE SUMMARY Pensions Support legislation to assist local governments in addressing pension liability issues. Human Resources Department SCORECARD UPDATE (TPA) Monitored legislation, as well as the state budget, that would assist local governments in addressing pension liability issues. Ultimately, additional state funding was included in the state budget to help buy down liabilities related to the State's pension liability issues, but no significant action was taken to address local pension issues. It is unlikely that pension reform legislation will move forward at the federal level. The Human Resources Department recruits and develops a talented workforce, ensuring a safe and healthy work environment. Delivering highly responsive professional expertise and services, the department uses innovative and transparent approaches with professional integrity. I I 11110 F-A% 110 =1 I;39IT, I IT, I_l Wil Employee Health Support legislation that maintains healthcare rates at an affordable and/or market rate value to provide employees with beneficial health coverage. �3dd [1 x67G1 [4 91II1 J BLS 1 =1 (HK) Tracks healthcare legislation, including "surprise billing" bill, drug pricing relief legislation, and ACA funding. Also of urgent critical concern is the $8.3 billion emergency Coronavirus funding package moving through congress, which includes $950 million py City of Santa Ana 2019 Legislative Scorecard to reimburse state and local governments for their efforts to prevent and contain the virus. (TPA) Monitored and provided updates on state budget activity aimed at expanding Medi-Cal to cover all qualified individuals in the State, regardless of immigration status. These provisions and funding were included in the final budget that was approved by the Governor and additional resources are proposed in 2020 to further Medi-Cal eligibility and provide services to those that are currently uninsured. Employee Safety Support and advocate for legislation that (HK) Monitoring the enforcement and funding of labor promotes the safety of employees. standards administration, including occupational health and safety. (TPA) Worked with the City to support SB 689 (Moorlach), which would have provided that the Department of Public Health can only authorize or reauthorize a clean needle and syringe exchange project if the city or county in which the program will be operating has adopted an ordinance or resolution approving that authorization or reauthorization. SB 689 was ultimately held in the Senate Health Committee. Pension Reform Support legislation that preserves local It is unclear at this time whether any pension reform authority in designing retirement formulas legislation will move forward federally. for employees. Information Technology Department The Information Technology Department provides innovative, quality, sustainable, and secure technology solutions, services, and infrastructure that are fiscally responsible and empower city departments to deliver quality services. INITIATIVE a SUMMARY Cyber Security Support state and federal legislation that promotes the implementation of a centralized cybersecurity management system. SCORECARD UPDATE (HK) While there is no direct federal grant program to local governments to address cybersecurity system needs, this is an issue that could be pursued in coalition with other cities to advance congressional interest and action, particularly in the authorization and appropriations committees with jurisdiction over homeland security matters. Recently, Senator Mark Warner re -introduced S.5116, The State Cyber Resiliency Act, which would establish a new grant program in the Department of Homeland Security (DHS) administered by FEMA, to assist state, local, and tribal governments in preventing, preparing for, protecting against, and responding to cyber threats. The City should help build support for this type of legislation. The IT Department participates in the Multi -State Information Sharing & Analysis Center (MS-ISAC) as well as with Homeland Security for coordination of Cyber incidents. 19C-23 City of Santa Ana 2019 Legislative Scorecard (TPA) A recently introduced bipartisan bill, The State and Local Cybersecurity Act, would create a grant program worth $400 million to finance cybersecurity efforts in communities across the county. TPA will continue to monitor the progress of this legislation - Self -Service Portal Support legislation and grant At this time, there are no grant opportunities to programs that foster the pursue. development of self-service software. Parks, Recreation and Community Services Agency The Parks, Recreation and Community Services Agency is responsible for delivering a variety of services to the community, including recreation programs, parks, libraries, and the operation of the Santa Ana Zoo. INITIATIVE SUMMARY Health and Wellness Explore and apply for the national fitness campaign grant to build fitness areas in our parks. SCORECARD UPDATE (HK) At this time, there are no parks fitness program grants to pursue at the federal level. However, in close coordination with the Rancho Santiago Community College District, HK has worked to ensure that the National Park Service approves a proposed land swap so that the College can continue operation of the Adult Career Education Center (Center) at Centennial Park. Calls and meetings have been arranged with the National Park Service and a letter of support from the California congressional delegation has been secured. February 4, 2019, the City of Santa Ana submitted a grant application to the National Fitness Campaign, LLC (NFC) to build five fitness courts. March 15, 2019, the City of Santa Ana received five $30,000 grants from NFC to participate as a Model City in the 2019 National Fitness Campaign. On June 4, 2019, the City Council adopted a resolution accepting the 2019 NFC grant of $30,000 per site and agreed to provide and additional $90,000 per site to fund the remaining purchase price of equipment and installation at five City sites (Jerome Park, Delhi Park, El Salvador Park, Memorial Park, and Rosita Park). Fitness court installations include Jerome Park, Delhi Park, and Rosita Park. Library Development Explore grants and other funding I (HK) HK has apprised the City of potential funding sources to enhance current opportunities as they have been released. The libraries and establish an E- Institute of Museum and Library Services' grant Library presence. programs may provide a potential source for the City's efforts. 19C-24 City of Santa Ana 2019 Legislative Scorecard Park Development Collaborate with state representatives to increase funding for parks within the city. Identify projects that qualify for Proposition 68 funding and apply to grants that will fund city projects. Science Education Support legislation and grant programs that fund education programs on climate -change, eco- systems, and zoology. Planning and Building Agency (TPA) Working with the City and its representatives, to explore options for funding of a mobile library unit through the State Budget. (TPA) Worked closely with the City's legislative representatives to provide information on priority park projects within the City, information about state grants submitted by the City, potential opportunities to make additional funding available for park development through the Santa Ana River Conservancy Program, and other state grant programs. Applied for and received $52 million in state grants for the construction of two new parks on currently vacant land. One grant provides $3.6 million to develop a 0.75- acre park on the northwest corner of Standard and McFadden avenues. The second grant, for $1.6 million, will help fund a 1.9-acre park at the northeast corner of Raitt and Myrtle streets. The funding is part of $254.9 million in grants announced by the California Department of Parks and Recreation's Statewide Park Development and Community Revitalization Grant Program. The grants are funded by Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018. (TPA) Worked with a coalition of stakeholders, including the cities legislative representatives, to secure state budget funding for the Discovery Science Center. The City supported the funding effort, led by Senator Umberg, which ultimately led to the Discovery Science Center receiving $10 million through the State Budget. The Planning and Building Agency's objective is to provide a safe, attractive, and business -friendly community through the implementation of state and local construction codes, as well as planning and regulating future land uses. INITIATIVE SUMMARY Medical and Recreational Cannabis Support legislation and regulatory actions that maintain local control, consider health and safety requirements, provide for community education opportunities, and increase assistance and funding to municipalities that have adopted ordinances related to cannabis. SCORECARD UPDATE (HK) HK continues to keep the City apprised of cannabis -related legislative and regulatory developments consistent with the City's objectives of maintaining local control, ensuring for health and safety, and providing education outreach and assistance. In a recent House Energy and Commerce Committee hearing, continuing NIH research and FDA health and safety responsibilities were emphasized. HK has also monitored the advancement of legislation HR 1595 - the SAFE 19C-25 City of Santa Ana 2019 Legislative Scorecard 10 Banking Act, to prevent federal banking regulators from penalizing banks offering services to a legitimate marijuana related business. While this bill passed the House, it awaits action on the Senate side. (TPA) Worked with the City, and other local government stakeholders, to oppose AB 1356 (Ting), which would have dictated the number of commercial cannabis licenses a city, is required to issue, regardless of any local ordinances that have been enacted. Ultimately, this bill failed to pass out of the Assembly. Prevent Deferred Advocate for legislation that (HK) HK continues to monitor legislative efforts to Maintenance supports technological fund smart cities and communities programs that advancement for cities to ensure provide assistance to local governments to integrate timely and thorough building and and maintain advanced and clean technologies, code enforcement inspections such as the LIFT Act being considered by the that can help alleviate deferred House Energy and Commerce Committee- maintenance - Sustainable Advocate for state and federal (HK) HK continues to work with the City to Development funding for planning, outreach, determine which programs at EPA and FEMA may and education to support fit the priority concerns/objectives that the City sustainable development. wishes to pursue. These may include EPA's Office of Community Revitalization (formerly the Office of Sustainable Communities) and FEMA's Hazard Mitigation Assistance Grants and Preparedness Grants. In addition, the City may wish to explore some private foundation opportunities (e.g. Kresge's Environmental Program). In addition, the LIFT Act includes $23 billion for energy efficiency efforts (i.e. retrofitting and weatherizing buildings, including schools and homes) to ensure they produce fewer carbon emissions and funding the nationwide deployment of more clean energy fuels; it also includes $4 billion for the expansion of renewable energy use, including $225 billion for the installation of solar panels in low-income and underserved communities. (TPA) Worked with the City to support SB 5 (Beall), which would have established the Affordable Housing and Community Development Investment Program, which would have provided funding for planning and construction of locally, approved affordable housing developments. Ultimately, SB 5 was vetoed by Governor Newsom. 19C-26 City of Santa Ana 2019 Legislative Scorecard 11 Police Department The Santa Ana Police Department delivers public safety services to the community with the utmost professionalism and integrity. The department's values act as the guideline for the discretionary use of police powers and are the basis by which employee actions are evaluated. INITIATIVE SUMMARY SCORECARD UPDATE Cannabis Regulation Oppose the Department of (HK) HK has helped the City to vigorously oppose Justice's decision to rescind efforts to rescind the Cole memo. The FY 2020 the Cole Memo and increase spending bill includes the Blumeanauer-McClintock- federal prosecution of Norton amendment, which prohibits the Department of legalized marijuana use. Justice from using funds to prevent any American state, territory and Washington, D.C., from approving and implementing laws authorizing marijuana use, distribution, possession and cultivation. Body Camera Program Continue support and (HK) The best source of funding is the Department of advocacy for legislation that Justice body -worn camera program and the NOFA was helps the city acquire funding released. HK has flagged this opportunity for Santa Ana for a one-to-one ratio for Police Department. body cameras and body camera memory storage. (TPA) Monitored legislation related to the use of body cameras, the information captured by body cameras, and privacy concerns related to body cameras. The Legislature approved, and the Governor signed into law, AB 1215, which prohibits local agencies from installing biometric surveillance systems in coordination with body worn cameras. Enhance Public Trust Support state and federal (HK) The COPS Hiring Grant programs provide critical legislation that increases funding for the City and the City has successfully funding for initiatives that received three grants. HK coordinated meetings with promote public trust and law the City with the COPS Director. $340 million in funding enforcement community is currently available. HK worked closely with the City to engagement strategies. develop its application and secure support from the congressional delegation. In addition, HK secured a position for the City on the White House's Commission on Law Enforcement and the Administration of Justice. The City has decided not to proceed with its application at this time. (TPA) Monitored and provided updates on legislation related to law enforcement de-escalation techniques as well as use -of -force policies and training. Police Career Pathway Support legislation that (HK) Currently the main law enforcement program increases funding for cities to supported by the Department of Justice is the COPS promote programming that Hiring Grants and HK has worked closely with the City encourages local youth to to maintain a strong relationship with COPS officials. pursue a career with their local police department. Police Officer Ratio Support legislation that (TPA) Monitored legislation and state budget activity increases funding for cities to related to funding for police officers. TPA worked with a increase the police officer to coalition of stakeholders to advocate for additional community ratio. resources to local governments. Ultimately, the state City of Santa Ana 2019 Legislative Scorecard 12 budget included an additional $25 million ($34 million total) in funding for the CaIVIP grant program, which provides grants to cities for violence prevention efforts. Public Works Agency The Public Works Agency is responsible for building and maintaining all public streets, storm drains, sewers, and water facilities, in addition to the coordination of the collection and recycling of refuse, and graffiti removal. The agency ensures that the community enjoys high quality drinking water and is able to travel around the city efficiently. INITIATIVE SUMMARY SCORECARD UPDATE Reduction of Traffic Explore state and federal (TPA) Monitored and provided updates on SIB 127 Fatalities grant programs that can help (Wiener) which would have required CalTrans to reduce traffic fatalities. incorporate new pedestrian and bicycle facilities, to increase safety and reduce dependency on cars, into projects in urban areas. This measure was ultimately vetoed by the Governor. The City of Santa Ana was awarded several grants through the Active Transportation Program, which not only helped improve mobility throughout the City, but also enhanced pedestrian and bicycle safety - Non -Motorized Support legislation and grant (HK) There are several legislative proposals being Transportation programs that increase pursued to address reduction of GHG through clean funding for cities that transportation methods, including LIFT America Act and promote the reduction of the House -leadership infrastructure package. greenhouse gases through (TPA) Monitored legislation, and regulatory activity, the development of related to funding for greenhouse gas reduction through alternative methods of alternative methods of transportation. TPA monitored transportation. and provided updates on the development of the VW Mitigation programs, which provide funding for electric vehicle infrastructure, bus replacement, and other activities that reduce the emission of greenhouse gases. The City of Santa Ana partnered with two electric scooter companies to provide an alternative method of transportation. During a three-month pilot program, the City studied the effectiveness of this micro -mobility option and is in the process of determining whether this is a feasible option for the City. SMSA Program Advocate for funding to (HK) HK is working with the City to identify possible complete the Safe Mobility funding sources to implement the Safe Mobility Program in Santa Ana. Program, including several grant programs in the Department of Transportation. The City of Santa Ana was awarded several grants through the Active Transportation Program to improve mobility and enhance pedestrian and bicycle safety. Carpool Initiatives Support legislation and grant (HK) Worked inclose coordination with the City, OCTA, programs that fund and with the City's congressional delegation to help 19C-28 City of Santa Ana 2019 Legislative Scorecard 13 Storm Drainage Funding carpooling options such as buses, trains, and streetcars. Support legislation that helps facilitate the financing of storm water and flood control projects. Joint -Department Initiatives INITIATIVE Control of City Assets SUMMARY Support legislation that maintains local control over municipal assets in the deployment of next generation technological infrastructure. ensure Department of Transportation/New Starts funding support of the OC Street Car Project. (TPA) Monitored legislation and state budget activity related to state funding for local streets and roads, as well as other transportation infrastructure. TPA worked closely with stakeholders to ensure that the receipt of funding for local streets and roads, public transit, or other infrastructure was not made conditional on reaching specified housing targets. TPA also worked with stakeholders to ensure that adequate funding was included in the state budget for existing transit and transportation related programs. The City of Santa Ana has continued to work closely with OCTA to ensure the OC Streetcar project progresses smoothly through the construction phase. The Streetcar will increase transportation options and provide greater access between Santa Ana and Garden Grove. (HK) HK will work with the City to determine how EPA and FEMA's grant programs may fit priority concerns/objectives, including EPA's funding for stormwater and green infrastructure projects, its urban water small grants program; and FEMA's pre -disaster mitigation program. (TPA) Monitored ACA 1 (Aguiar-Curry) which would have lowered the vote threshold for local measures to finance infrastructure to 55%. The measure is currently on the Assembly Floor - The Public Works Agency has retained a consultant to prepare a storm drain master plan and funding feasibility study including identifying strategies to reduce local flooding. Additionally, the City is anticipating an award of $1.67 million of Proposition 1 Integrated Regional Water Management (IRWM) grant funding for a multi -benefit stormwater capture project. SCORECARD UPDATE 1 (HK) Recognizing that preserving local control is one of the City's top priorities, HK has focused on a broad range of issues related to cities' ability to regulate emerging technology. Last year, the FCC adopted an order limiting the authority of cities and states to regulate small cell sites needed for deployment of 5G. It took effect Jan. 14, 2019. HK has worked closely with Senator Feinstein to build support for her bill, S 2012, "Restoring Local Control Over Public Infrastructure Act," along with Representative Eshoo's companion bill, HR 530. The legislation will repeal the FCC's order. The City of Santa Ana 2019 Legislative Scorecard 14 City has supported the legislation and worked with a broad coalition of mayors to oppose the FCC order. In addition, HK has closely monitored the FAA's drone regulations, including its recently released Remote ID rule. HK has also followed Congress' efforts to develop legislation regulating autonomous vehicles (AV) --and has worked to ensure that cities are not pre-empted from regulating AV operations on city streets. (TPA) There was no significant state legislation related to deployment of next generation technological infrastructure in 2019. TPA did work with the City's legislative representatives to keep them updated on federal legislation, and FCC regulations, related to this topic. Digital Divide Support and advocate for (HK) In close partnership with other city stakeholders, legislation that addresses HK has worked to develop and support S.1167/HR closing the digital divide gap 4486 the Digital Equity Act. This legislation would in cities. create two major Federal grant programs, operated by the U.S. Department of Commerce's National Telecommunications and Information Administration (NTIA), to promote digital equity nationwide. The proposed funding for each program is $125 million per year for five years — a total of up to $125 billion. HK will continue to build support for this legislation and advocate for its inclusion in an infrastructure package. One program would be carried out through state governments, with funding allocated by formula, and would incorporate state -by -state digital equity planning followed by implementation grants to qualifying programs. The other would be an annual national competitive grant program, run by the NTIA, to support digital equity projects undertaken by individual groups, coalitions, and/or communities of interest anywhere in the U.S. Expand Consumer Support and advocate for (HK) The chair of the House Energy and Commerce Options for Internet legislation that assists with Committee, New Jersey Representative Frank Pallone, Access the development of a fiber has introduced the "Leading Infrastructure for optics program. Tomorrow's (LIFT) America Act-" This legislation authorizes $45 billion in high-speed broadband infrastructure funds to address the digital divide, together with the creation of a $5 billion low -interest financing vehicle for broadband projects. HK will continue to stay in contact with House Energy and Commerce Committee leadership regarding the bill's consideration. The LIFT legislation would expand access to high-speed broadband Internet, including the development of a fiber optics program. (TPA) Working with the City and its representatives to explore options for funding to allow the City to expand its fiber optics program and help service portions of the community without access. 19C-30 City of Santa Ana 2019 Legislative Scorecard 15 Engagement and City Support legislation that (HK) Accessing and improving services by engaging Access provides funding for public engagement remains an important priority. obtaining software for a land Although there does not appear to be any direct federal management system that source for such projects at this time, it may be will increase public worthwhile to explore more indirect ways to identify engagement. resources that could help expand public access and engagement. (TPA) Monitored legislation, SB 6 (Beall), which requires the state to coordinate between departments and with local governments to create a public inventory of local sites suitable for residential development, along with state surplus lands. SB 6 was signed into law by Governor Newsom. Pedestrian & Bicycle Advocate for legislation that (TPA) Monitored legislation related to the local Safety increases funding for safe regulation of shared mobility devices, such as bikes and pedestrian and bicycle scooters, to ensure that they allowed for local planning activities, enforcement of and the adoption of local ordinances. traffic safety, and infrastructure The City of Santa Ana was awarded several grants improvements. through the Active Transportation Program to perform educational outreach for pedestrians and bicyclists to achieve improved behavior and safer practices leading to enhanced overall bicycle and pedestrian safety. The Public Works Agency has been improving collaboration with the Police Department to coordinate increased enforcement activities in support of engineering and infrastructure improvements. Reduction of Traffic Explore state and federal (HK) Many cities are developing interagency Vision Fatalities grant programs that can Zero plans to connect engineering, education, and help reduce traffic fatalities. enforcement to end transportation deaths and serious injuries. Despite horrific national statistics, these Vision Zero plans are making a difference at street level. Funding for a pilot program is requested for FY 2021 to provide federal resources to help local governments and transportation agencies across the country implement their Vision Zero plans. While funding has previously been available to help communities develop Vision Zero plans, there has never been funding available to help municipalities implement these critical life saving measures. For FY 2021, HK is working closely with the California delegation, including Santa Ana's representatives, to create a pilot program to fund the implementation of Vision Zero measures to help reduce traffic, pedestrian, and bicycle fatalities Transition to Smart City Explore state and federal (HK) Last year, the bicameral ""Smart Cities and grant programs that can Communities Act"" was re -introduced to promote the help Santa Ana transition advancement of smart cities. The bill would authorize into a Smart City. $200 million for smart city investments over five years and it aims to: improve federal coordination of smart city programs; help local governments interested in implementing smart city technologies; build the workforce's technology skills to support smart cities; City of Santa Ana 2019 Legislative Scorecard 16 improve smart city technology's quality, performance and safety; foster international collaboration and trade of smart city technologies. HK will work with the City's congressional delegation to advocate that this legislation is included if an infrastructure package moves forward. (TPA) Monitored AB 659 (Mullin), which would have created the California Smart City Challenge Grant Program, through which local governments could compete for funding to adopt and implement emerging transportation technologies that achieve a number of specified transportation, economic and environmental goals. Ultimately, AB 659 was held in the Assembly Appropriations Committee due to cost concerns. Youth Prevention Support legislation and (HK) HK has joined in support of juvenile justice Programs grant programs that have programs, which has seen an increase in funding from the potential to reduce $287 million to $320 million. In addition, of interest is criminal involvement and legislation introduced by Representative Scott, chair of provide intervention the House Education and Labor Committee, called the programs. "Youth Promise Act;' to fund a continuum of wrap- around, evidence -based prevention and intervention programs for youth at risk of, or involved in, delinquent behavior. (TPA) Monitored legislation and state budget activity related to funding for youth violence prevention programs. TPA worked with a coalition of stakeholders to advocate for additional resources to local governments. Ultimately, the state budget included an additional $25 million ($34 million total) in funding for the CaIVIP grant program, which provides grants to cities for violence prevention efforts. 19C-32 City of Santa Ana 2019 Legislative Scorecard 17 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE: APPROVE TWO APPROPRIATION ADJUSTMENTS AND AWARD A CONSTRUCTION CONTRACT TO EXCEL PAVING COMPANY FOR THE BUSH STREET BICYCLE BOULEVARD, WATER, AND SEWER IMPROVEMENTS, IN THE AMOUNT OF $1,927,280, FOR A TOTAL ESTIMATED DELIVERY COST OF $2,522,280 (PROJECT NOS. 18-9002, 21-6442, 21-6443) (NON -GENERAL FUND) /s/ Kristine Ridge CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2i1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO 1�1��►1�1i!1:3q:7 1. Approve an appropriation adjustment to recognize $1,278,080 in the Water Fund, Public Works Water Revenue, Prior Year Carry Forward account and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. 2. Approve an appropriation adjustment to recognize $124,200 from prior year fund balance in the Sanitary Sewer Capital Fund, and appropriate the same amount to the Capital Recovery Charges, Improvements Other than Buildings expenditure account. 3. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to include $1,278,080 in construction funds for the Bush Street Water Improvements Project, and $124,200 in construction funds for the Bush Street Sewer Improvements Project. 4. Award a construction contract to Excel Paving Company, the lowest responsible bidder, in accordance with the base bid in the amount of $1,927,280, for construction of the Bush Street Bicycle Boulevard, Water, and Sewer Improvements, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 5. Approve the Project Delivery Cost for a total estimated construction cost of $2,522,280, which includes $1,927,280 for the construction contract, $290,000 for contract administration, inspection and testing, and a $305,000 project contingency. 20A-1 Appropriation Adjustments and Contract for Bush St. Bicycle Blvd. Water and Sewer Improvements June 16, 2020 Page 2 DISCUSSION On June 7, 2016, the City Council adopted a resolution authorizing submittal of a funding application as a joint application with Meta Housing Corporation for the Affordable Housing and Sustainable Communities Program (AHSC). A grant in the amount of $1,288,000 was requested for a Sustainable Transportation Infrastructure Program for the Santa Ana Arts Collective Project. As a result, Bush Street from Civic Center to 17th Street was selected for a bicycle boulevard treatment project. The Bush Street Bicycle Boulevard Project incorporates bicycle enhancements and traffic calming measures intended to connect neighborhoods to the Civic Center using complete street and Bike Boulevard concepts. The improvements will include landscaping and updated signage and roadway markings. The Complete Streets concept transforms roadways originally designed to primarily serve vehicles into streets that equitably serve pedestrians and bicyclists, provide aesthetically pleasing public areas, and result in community enhancements that help to establish vibrant neighborhoods. Staff coordinated these major street renovations with the Public Works Agency Water Resources Division, who is responsible for monitoring the condition of water and sewer main pipeline systems. The water and sewer systems were evaluated based on several critical factors, such as pipe breaks, sewer spills, pipe size, alignment location, system redundancy and resiliency to determine replacement priorities. The existing 4-inch-diameter and 8-inch-diameter cast iron water mains located within Bush Street were installed in the 1950s and 1960s, and are a priority for replacement. In addition, the existing sewer maintenance holes in this area were constructed in the 1920s, and also need replacement. The project comprises a bicycle boulevard stretching along Bush Street from Civic Center to 17th Street, and water and sewer improvements from 8th Street to 11th Street (Exhibit 1). In addition to the replacement of the water main and sewer maintenance holes, the street enhancement consists of traffic circles and/or bulb -outs at seven street intersections, along with landscaping, and updated signs, striping, and markings. The addition of the curb bulb outs as traffic calming feature enhancements will result in the loss of a minimal number of parking spaces. An amendment to the Fiscal Year 2019-20 Capital Improvement Program is needed in order to add the Bush Street Bikeway Water Improvements ($1,278,080) and Bush Street Bikeway Sewer Improvements ($124,200) projects (Exhibit 2). This amendment will increase the Fiscal Year 2019- 20 CIP by a total of $1,402,280. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on April 28 and May 5, 2020. Bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on May 20, 2020. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates and submit bids electronically. 20A-2 Appropriation Adjustments and Contract for Bush St. Bicycle Blvd. Water and Sewer Improvements June 16, 2020 Page 3 A total of 807 vendors, including 37 located in the City of Santa Ana, were notified of the project via PlanetBids. A total of 60 vendors requested bidding documents and four bids were received, with none from a Santa Ana contractor. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Excel Paving Company Long Beach $1,927,280 2 Hardy & Harper, Inc. Lake Forest $2,077,000 3 EBS General Engineering, Inc. Corona $2,296,159 No Rank Nationwide Contracting Services, Inc. Fountain Valley Non -responsive The City received four bids; three were deemed responsive. Excel Paving Company submitted the lowest responsive bid in the amount of $1,927,280 (Exhibit 3). Nationwide Contracting Services, Inc., failed to sign certain documents in the bid package and proposal was deemed non -responsive. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Excel Paving Company in the amount bid (Exhibit 4). Protect Delivery Costs To deliver a complete project, in addition to the construction contract, the estimated total construction delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection encompasses construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As summarized in the table below, the estimated total construction delivery cost is $2,522,280. Construction Contract $1,927,280 Construction Administration, Inspection, and Testing $290,000 Contingencies $305,000 ESTIMATED CONSTRUCTION DELIVERY COST $2,522,280 Project funds will cover all staffing costs for delivery of this capital project. No additional or separate funding will be used. 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); and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan). ENVIRONMENTAL IMPACT 20A-3 Appropriation Adjustments and Contract for Bush St. Bicycle Blvd. Water and Sewer Improvements June 16, 2020 Page 4 In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2018-107 and ER- 2020-34 were filed for the projects. FISCAL IMPACT As indicated in the Project Delivery Costs, construction delivery is estimated to be $2,522,280. Approval of the requested Appropriation Adjustments will provide for the following: Recognize $1,278,080 in the Water Fund, Public Works Water Revenue, Prior Year Carry Forward account (No. 06017002-50001) and appropriate the same amount to the Acquisition & Construction Fund, Water Utility Capital Projects, Water Capital Project expenditure account (No. 06617647-66301); and Recognize $124,200 Sanitary Sewer Capital Fund, Prior Year Carry Forward account (No. 05417002-50001) and appropriate the same amount to the Capital Recovery Charges, Improvements Other than Buildings expenditure account (No. 05417647-66220). The following table shows the funds budgeted to deliver this project: Fiscal Accounting Unit - Accounting Unit Year Y Account No. Fund Description Account No. Description Amount Project No. APPROPRIATION ADJUSTMENTS FY 2019- 06617647-66301 Acquisition & Water Utility Capital Projects; Water Capital $1,278,080 20 (21-6442) Construction Project FY 2019- 05417647-66220 Sanitary Sewer Capital Recovery Charges; Improvement $124,200 20 (21-6443) Capital Other Than Building EXISTING PROJECT FUNDING Affordable Housing FY 2019- 41818832-66220 CDA Capital AHSC Program; $1,120,000 20 (18-9002) Projects Improvement Other Than Building Total $2,522,280 NS/EWG/JG/KN Exhibits: 1. Location Map 2. CIP FY 19/20 Sheets 3. Bid 4. Construction Contract 20A-4 Exhibit 1 SANTA ANA Project No. 18-9002, 21-6442, 21-6443 BUSH STREET BICYCLE BOULEVARD Pir i (FROM CIVIC CENTER TO 17TH STREET) BUSH STREET WATER IMPROVEMENTS `UB°`�KS AGENCY BUSH STREET SEWER IMPROVEMENTS 20A-5 / } k # ) ! / / co 2 of §{ �* §\ «� �e oy �- wz o! o- LU ± LU G= G »! IL ) IL 0 q H2 rrE U, Lu z I'0 LU IL Q CII S ul 02, (L 1 4� co 04GI 4 Co uj co LU 0 0 Z R IL co 0: IL MAYOR Miguel A. Pulldo MAYOR PRO TEM Juan Villages. COUNCILMEMBERS Phil Became Cecilia Iglesias David Panaloza Vicente Sarmiento Jose Salado CITY OF SANTA ANA Public Works Agency —Design Engineering 20 Civic Center Plaza, M-36 * P.O. Box 1988 Santa Ana, Caliiomia 92702 www.santa-ana.oro 4 I 1 ADDENDUM No. ONE EXHIBIT 3 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez SUBJECT: PROJECT NO. 18-9002: BUSH STREET BICYCLE BOULEVARD The following changes have been made to Plans and Specifications for the subject project: Plans 1. Sheets 2, 4, 5, 6, 10, and 11: Replace with the attached sheets 2, 4, 5, 6, 10, and 11. Specifications 1. Pages P-1 to P-5 of 20: Replace with the attached Pages P-1 to P-5 of 30. 2. Appendix A — page 7 of 10: Replace with the attached page 7 of 10 of Appendix A. 3. Appendix 1- Community Workforce Agreement (CWA): Add Appendix I to the end of the Appendix section. CONTRACTOR MUST ACKNOWLEDGE PROJECT CWA REQUIREMENTS AS PART OF BID SUBMITTAL This addendum includes 61 pages (including this page). All other terms and conditions remain the same. FOR THE CITY OF S ANA Edwin "William" Galvez City Engineer SANTA ANA CITY COUNCIL Mguel A. Pulido Juan whigas !.m. Sunni.= David Penalon Jose Sdddo Phd Sam. cedlie Iglesias Meyer Mayor Pro Tom, Ward a Word WaN2 Ward Wand W"N6 modidary."a-ane.ara Mileonsftede-anaav vamdenfxftanla,ena oro dosnaloiaftanaaana.aro WmnaftsaMaaoore aalml �xanla-ana.wo 20A-8 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villages COUNCILMEMBERS Phil Bacerra Cecilia Iglesias David Penaloza Vicente Sarmiento Jose Solorlo May 11, 2020 CITY OF 5ANTA ANA Public Works Agency— Design Engineering 20 Civic Center Plaza, M-36 • P.O. Box 1988 Santa Ana, California 92702 v .santa-ana.ora ADDENDUM No. i SUBJECT: PROJECT 18-9002 BUSH STREET BICYCLE BOULEVARD CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez The following changes have been made to Plans and Specifications for the subject project: Plans 1. Add new Water and Sewer Improvement projects (attached Addendum Two —4 shts). o Project No. 21-6442 Bush Street Bikeway Water Improvements Project No. 21-6443 Bush Street Bikeway Sewer Improvements Replace sheets 04, 05, and 06 of 19 from Addendum No. 1 with the attached sheets 04, 05 and 06 of 19 Addendum Two. 3. Replace sheets 03 and 07 of 19 from original plans with the attached sheets 03 and 07 of 19 Addendum Two (labeled Addendum No. 2). Specifications 1. Replace all Specifications with the attached Specifications Addendum Two. Attachments: Water and Sewer Plans — 4 Pages Street Improvements Plans — 5 Pages Specifications — 310 Pages Total pages for Addendum No. 2 (including these 2 pages) = 321 SANTA ANA CITY COUNCIL Miguel A. Pulido Juan Villegas Vicente Sarmianto David Penaloza Jose Selono Phil BP.nd Cecilia Iglesias Mayor Mayor Pro Tom, Ward 5 Ward Ward Ward Ward Word moulidogsantaanaom Iyillegaspeanto-ana.om vsarmiento.S saMa-ans.org doenal..Aa.dta-ana.org solgn.0santaane.oro pbacerraQsantaana.orq oig esias®santaana ore 20A-9 PROJECT 18-9002 BUSH STREET BICYCLE BOULEVARD ADDENDUM No. 2 Page 2 CONTRACTOR MUST ACKNOWLEDGE PROJECT CWA REQUIREMENTS AS PART OF BID SUBMITTAL ALL OTHER TERMS AND CODITIONS REMAIN THE SAME. F iTY OF �ANA Edwin "William" Galve . . City Engineer 20A-10 City of Santa Ana Page 1 Bush Street Bicycle Boulevard; Bush St Bikeway Water Improvements; Bush St Sewer Improvements (18-9002; 21-6442; 21- Printed 05/28/2020 Bid Results Bidder Details Vendor Name Excel Paving Co Address 2230 Lemon Ave Long Beach, CA 90806 United States Respondee Dallas Daniels Respondee Title Estimator Phone 562-599-5841 Ext. 242 Email ddaniels@excelpaving.net Vendor Type CADIR License # 688659 CA DIR Bid Detail Bid Format Electronic Submitted May 20, 2020 9:43:31 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 212427 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General Forms Santa Ana General Forms Saved.pdf General Forms Ownership Affidavit Ownership Affidavit.pdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond Bid Bond.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Non Collusion Non Collusion.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Item Code UOM Qty Unit Price Line Total Comment PROJECT NO 18-9002 BUSH ST BICYLE BOULEVARD 1 Unclassified Excavation* CY 600 $250.00 $150,000.00 2 Cold Milling' SF 30700 51.40 $42,980.00 3 Asphalt Rubber Hot Mix (ARHM)' TN 370 $120.00 $44,400.00 20A-11 City of Santa Ana Page 2 Bush Street Bicycle Boulevard; Bush St Bikeway Water Improvements; Bush St Sewer Improvements (18-9002; 21-6442; 21- Printed 05/28/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 4 Asphalt Concrete* TN 470 $160.00 $75,200.00 5 Crushed Miscellaneous Base* TN 4 $300.00 $1,200.00 6 6" PCC Pavement* SF 7140 $13.00 $92,820.00 7 4" PCC Sidewalk* SF 5750 59.00 $51,750.00 8 A-2-6 PCC Curb and Gutter per CSA STD. Plan No 1101* LF 1410 $50.00 $70,500.00 9 A-2-6 PCC Curb with 3' Gutter per CSA STD. Plan No 1101* LF 160 $60.00 $9,600.00 10 PCC Curb Ramp Per SPPWC STD. Plan 111-5, Case and Type as shown* SF 3850 $15.00 $57,750.00 11 Remove Tree and Roots Complete EA 1 $2,000.00 $2,000.00 12 Adjust Manhole Frame and Cover to Grade per CSA STD. Plan No. 1201 EA 3 $1,000.00 $3,000.00 13 Adjust Water Valve Frame and Cover to Grade Per CSA STD. Plan No. 1410/1411* EA 1 $1,500.00 $1,500.00 14 Gutter Depression per CSA STD. Plan 305 LF 20 $50.00 $1,000.00 15 PCC Driveway Approach per CSA STD Plan No. 1112* SF 450 $12.00 $5,400.00 16 Adjust Pullbox or Utility Cover to Grade EA 7 $700.00 $4,900.00 17 Adjust Survey Monument to Finished Grade per CSA STD Plan No. 1117. Location to be Verified by CSA Survey Supervior Before and After Construction EA 5 $500.00 $2,500.00 18 Type D-6 Curb per Calirans STD Plan A87A* LF 320 $40.00 $12,800.00 19 10" Stamped Concrete (Red) with #4 Reber Spaced at 24" O.C.* SF 1600 $27.00 $43,200.00 City of Santa Ana Page 3 Bush Street Bicycle Boulevard; Bush St Bikeway Water Improvements; Bush St Sewer Improvements (18-9002; 21-6442; 21- Printed 05/28/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 20 Type B-1 Curb per CSA STD. Plan No. 1101 * LF 360 $40.00 $14,400.00 21 Variable Height Type B-1 Curb per CSA STD. Plan No. 1101* LF 320 $41.00 $13,120.00 22 Furnish and Install Traffic Signal Pullbox with New No. 6 Pullbox per CSA STD. Plan No. 1501 Adjust to Finish Grade EA 4 $925.00 $3,700.00 23 Furnish and Install New Water Meter Box per CSA STD. Plan 1401. EA 1 $600.00 $600.00 24 8" PCC Cross Gutter Including Monolithic Curb per CSA STD. Plan 1109 SF 2800 $14.00 $39,200.00 25 Construct New Culvert per CSA STD. Plan No. 318 with a Type II Inlet LF 28 $300.00 $8,400.00 26 Remove Existing Catch Basin Structure Complete and Protect Existing Connector Pipe in Place. Fill and Compact Removal with Native EA 1 $4,000.00 $4,000.00 27 Remove Esisting Parking Meter Complete EA 1 $400.00 $400.00 28 Pour New Vent Foundation Per SCE STD. Plan AC 758 at Finish Grade. Protect Vent in Place EA 4 $6,000.00 $24,000.00 29 Remove Exisiting Firehydrant and Valve, Install New Firehydrant and Valve per CSA STD. Plan 1405* EA 1 $14,000.00 $14,000.00 30 Construct 12" PVC Water Main (S min.)* LF 15 $500.00 $7,500.00 31 Connect to Existing 12" ACP with 12" Long Body Flexible Transition Coupling* EA 2 $2,300.00 $4,600.00 32 Remove Valve Box Frame and Cover. Cut Off PVC Riser 18" Below Grade, Back Fill w/ Sand Compact and Pave to Match Proposed EA 3 $900.00 $2,700.00 33 Abandon Existing Water Service EA 4 $1,200.00 $4,800.00 34 18" RCP. Trench, Bedding, and Backfill Requirements per City STD. Plan No. 1150 LF 31 $200.00 $6,200.00 35 18" Diameter Concrete Collar per CSA STD. Plan No. 320 EA 1 $1,000.00 $1,000.00 20A-13 City of Santa Ana Page 4 Bush Street Bicycle Boulevard; Bush St Bikeway Water Improvements; Bush St Sewer Improvements (18-9002; 21-6442; 21- Printed 05/28/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 36 Catch Basin Type C per CSA STD. Plan No. 303, W=5.0' V=5.0' EA 1 $9,000.00 $9,000.00 37 24" Box Jacaranda Tree EA 2 $1,500.00 $3,000.00 38 5-GL Variegated Flax Lily` EA 1000 $30.00 $30,000.00 39 8th St Irrigation LS 1 $8,000.00 $8,000.00 40 91h St Irrigation LS 1 $13,000.00 $13,000.00 41 10th St Irrigation LS 1 $12,000.00 $12,000.00 42 16th St Irrigation LS 1 $8,000.00 $8,000.00 43 60 Working Days Landscaping/Irrigation Maintenance t LS 1 $3,000.00 $3,000.00 44 3" Thick Layer of Mulch` SF 3300 51.00 $3,300.00 45 Root Control Barrier' LF 44 $10.00 $440.00 46 Project Advertisement Sign EA 2 $600.00 $1,200.00 47 Signing and Striping t LS 1 $86,000.00 $86,000.00 48 Labor Agreement Oversight LS 1 $15,000.00 $15,000.00 Subtotal $1,013,060.00 PROJECT NO's 21-6442 & 21-6443 BUSH STREET WATER AND SEWER IMPROVEMENTS 49 8" Class 305 AWWA C900 P.V.C. Water Main LF 300 $260.00 $78,000.00 50 12" Class 305 AWWA C900 P.V.C. Water Main LF 1700 $265.00 $450,500.00 20A-14 City of Santa Ana Page 5 Bush Street Bicycle Boulevard; Bush St Bikeway Water Improvements; Bush St Sewer Improvements (18-9002; 21-6442; 21- Printed 05/28/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 51 Construct 1" Water Service and Connect to Existing Meter* EA 5 $4,200.00 $21,000.00 52 Construct 2" Water Service and Connect to Existing Meter* EA 2 $5,300.00 $10,600.00 53 New Fire Hydrant Assembly, (Including Gate Valve and Lateral Pipe) EA 5 $13,000.00 $65,000.00 54 8" Resilient Wedge Gate Valve EA 3 $2,000.00 $6,000.00 55 12" Resilient Wedge Gate Valve EA 9 $3,000.00 $27,000.00 56 4" Fire Service Connection Including 4" RWGV EA 1 $5,000.00 $5,000.00 57 6" Fire Service Connection Including 6" RWGV EA 1 $5,000.00 $5,000.00 58 Remove Existing Manhole Structure EA 3 $4,000.00 $12,000.00 59 Construct New P.C.C. Sewer Manhole EA 3 $12,000.00 $36,000.00 60 Remove Existing Sewer Main and Construct 6" VCP Sewer Main LF 40 $1,000.00 $40,000.00 61 CCTV Inspection of Existing Sewer Main LF 2540 53.00 $7,620.00 62 CCTV Inspection of Existing Sewer Laterals EA 66 $400.00 $26,400.00 63 Vertical Offset (As -Needed)* EA 5 $5,000.00 $25,000.00 64 2" Air Vacuum and Release Valve (As -Needed)* EA 5 $7,300.00 $36,500.00 65 Additional Trenching Cost to Install Water Pipeline 18"-30" Deeper (Total 54" to 66" cover) (As -Needed)* LF 250 $30.00 $7,500.00 66 COLD MILLING* SF 8500 52.00 $17,000.00 20A-15 City of Santa Ana Page 6 Bush Street Bicycle Boulevard; Bush St Bikeway Water Improvements; Bush St Sewer Improvements (18-9002; 21-6442; 21- Printed 05/28/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 67 ASPHALT RUBBER HOTMIX (ARHM)* TN 105 $220.00 $23,100.00 68 As-Builts LS 1 $15,000.00 $15,000.00 Subtotal $914,220.00 Asterisk Notes (Per Section 3.2 of Standard Specifications) - NOT part of Total Bid Calculation 69 ' = The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantitiy used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. ea 0 $250.00 0 70 t _ This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. ea 0 $250.00 0 Subtotal 0 Total $1,927,280.00 20A-16 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS TO: CITY COUNCIL OF THE CITY OF SANTA ANA PALP. !NC DBA FROM: EXCEL PAVING CO%TANY REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: ,7F k wl NO.DESCRIl'1'IOly P I l UNCLASSIFIED 600 CY $ $ EXCAVATION* 2 COLD MILLING* 30,700 SF $ $ 3 ASPHALT RUBBER HOT 370 TN $ $ MIX (ARHM)* 4 ASPHALT CONCRETE* 470 TN $ $ 5 CRUSHED 4 .IN $ $ MISCELLANEOUS BASE* 6 6" PCC PAVEMENT* 7,140 SF $ $ 7 4" PCC SIDEWALK* 5,750 SF $ $ A-2-6 PCC CURB AND 8 GUTTER PER CSA STD. 1,410 LF $ $ PLAN NO.1101 * A-2-6 PCC CURB WITH 3' 9 GUTTER PER CSA STD. 160 LF $ $ PLAN NO. 1101 * 20A-17 P-1 of P-22 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS -- — - — - - UNIT NO. DESCRIPTION _ 7'Y. UNIT PRICE AMOUNT PCC CURB RAMP PER 10 SPPWC STD. PLAN 111-51 3,850 SF $ $ CASE AND TYPE AS SHOWN* 11 REMOVE TREE AND ROOTS 1 EA $ $ COMPLETE ADJUST MANHOLE FRAME 12 AND COVER TO GRADE 3 EA $ $ PER GSA STD. PLAN NO. 1201 ADJUST WATER VALVE 13 FRAME AND COVER TO I EA $ $ GRADE PER CSA STD. PLAN NO. 1410/1411 * 14 GUTTER DEPRESSION PER 20 LF $ $ CSA STD. PLAN 305 PCC DRIVEWAY 15 APPROACH PER CSA STD 450 SF $ $ PLAN NO 1112* 16 ADJUST PULLBOX OR 7 EA $ $ UTILITY COVER TO GRADE ADJUST SURVEY MONUMENT TO FINISHED GRADE PER CSA STD PLAN 17 NO. 1117. LOCATION TO BE 5 EA $ $ VERIFIED BY CSA SURVEY SUPERVISOR BEFORE AND AFTER CONSTRUCTION TYPE D-6 CURB PER 18 CALTRANS STD PLAN 320 LF $ $ A87A* 10" STAMPED CONCRETE 19 (RED) WITH #4 REBAR 1,600 SF $ $ SPACED AT 24" O.C.* 20 TYPE B-1 CURB PER CSA 360 LF $ $ STD. PLAN NO. 1101 * VARIABLE HEIGHT TYPE B- 21 1 CURB PER CSA STD. PLAN 320 LF $ $ NO. 1101* 20A-18 P-2 of P-22 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS UNIT " NO. DESCRIPTION QTY. UNIT PRICE AM+iT. , FURNISH AND INSTALL TRAFFIC SIGNAL PULLBOX 22 WITH NEW NO.6 PULLBOX 4 EA $ $ PER CSA STD. PLAN NO. 1501. ADJUST TO FINISH GRADE FURNISH AND INSTALL 23 NEW WATER METER BOX 1 EA $ $ PER CSA STD. PLAN 1401. 8" PCC CROSS GUTTER 24 INCLUDING MONOLITHIC 2,800 SF $ $ CURB PER CSA STD. PLAN 1109 CONSTRUCT NEW 25 CULVERT PER CSA STD. 28 LF $ $ PLAN NO. 318 WITH A TYPE II INLET REMOVE EXISTING CATCH BASIN STRUCTURE COMPLETE AND PROTECT 26 EXISTING CONNECTOR 1 EA $ $ PIPE IN PLACE. FILL AND COMPACT REMOVAL WITH NATIVE REMOVE EXISTING 27 PARKING METER 1 EA $ $ COMPLETE POUR NEW VENT FOUNDATION PER SCE STD. 28 PLAN AC 758 AT FINISH 4 EA $ $ GRADE. PROTECT VENT IN PLACE REMOVE EXISTING FIREHYDRANT AND 29 VALVE, INSTALL NEW FIRE I EA $ $ HYDRANT AND VALVE PER CSA STD. PLAN 1405* 30 CONSTRUCT 12" PVC 15 LF $ $ WATER MAIN (3' MIN.)* 20A-19 P-3 of P-22 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS UNIT ITEM NO. DESCRIPTION QTY- UNllr` PRICE COST CONNECT TO EXISTING 12" 31 ACP WITH 12" LONG BODY 2 EA $ $ FLEXIBLE TRANSITION COUPLING* REMOVE VALVE BOX FRAME AND COVER. CUT OFF PVC RISER 18" BELOW 32 GRADE, BACK FILL 3 EA $ $ W/SAND, COMPACT AND PAVE TO MATCH ,PROPOSED 33 ABANDON EXISTING 4 EA $ $ WATER SERVICE 18" RCP. TRENCH, 34 BEDDING, AND BACKFILL 31 LF $ $ REQUIREMENTS PER CITY STD. PLAN NO. 1150 18" DIAMETER CONCRETE 35 COLLAR PER CSA STD. I EA $ $ PLAN NO. 320 CATCH BASIN TYPE C PER 36 CSA STD. PLAN NO. 303, 1 EA $ $ W=5.0' V=5.0' 37 24" BOX JACARANDA TREE 2 EA $ $ 38 5-GL VARIEGATED FLAX 1,000 EA $ $ LILY* 39 8TH ST IRRIGATION I LS $ $ 40 9TH ST IRRIGATION I LS $ $ 41 IOTH ST IRRIGATION I LS $ $ 42 16TH ST IRRIGATION I LS $ $ 60 WORKING DAYS 43 LANDSCAPINGARRIGATION I LS $ $ MAINTENANCE t 20A-20 P-4 of P-22 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS III T ItEI4I.-.. NO. DESCRIPTION TY. UNIT � `X-RICE !$sT 44 33" THICKLAYER OF 3,300 SF $ $ MULCH45 ROOT CONTROL BARRIER* 44 LF $ $ PROJECT ADVERTISEMENT 2 EA $ $ 46 SIGN 47 SIGNING AND STRIPING f 1 LS $ $ 48 LABOR AGREEMENT 1 LS $ 15,000 $ 15,000 OVERSIGHT PROJECT NO's 21-6442 & 216443 BUSH STREET WATER AND SEWER IMPROVEMENTS 49 8" Class 305 AWWA C900 300 LF $ $ P.V.C. Water Main 50 12" Class 305 AWWA C900 1,700 LF $ $ P.V.C. Water Main Construct 1" Water Service and 5 EA $ $ 51 Connect to Existing Meter* Construct 2" Water Service and 2 EA $ $ 52 Connect to Existing Meter* New Fire Hydrant Assembly, 53 (Including Gate Valve and 5 EA $ $ Lateral Pipe) 54 8" Resilient Wedge Gate Valve 3 EA $ $ 55 12" Resilient Wedge Gate Valve 9 EA $ $ 56 4" Fire Service Connection 1 EA $ $ Including 4" RWGV 57 6" Fire Service Connection 1 EA $ $ Including 6" RWGV 58 Remove Existing Manhole 3 EA $ $ Structure 20A-21 P-5 of P-22 CITTOF SAATA ` /1_`1CU f PROPOSAL PROJECT• : '11 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS impM t NQ D SCI SP1 { 4TY } ? Pt kpjtE' .. ;., . 59 Construct New P.C.C. Sewer 3 EA $ $ Manhole Remove Existing Sewer Main 60 and Construct 6" VCP Sewer 40 LF $ $ Main 61 CCTV Inspection of Existing 2,540 LF $ $ Sewer Main 62 CCTV Inspection of Existing 66 EA $ $ Sewer Laterals 63 Vertical Offset (As -Needed)* 5 EA $ $ 64 2" Air Vacuum and Release 5 EA $ $ Valve (As -Needed)* Additional Trenching Cost to 65 Install Water Pipeline 18" — 30" 250 LF $ $ Deeper (Total 54" to 66" cover) As -Needed * 66 COLD MILLING* 8,500 SF $ $ 67 ASPHALT RUBBER HOT 105 TN $ $ MIX (A.RHM)* 68 As-Builts 1 LS $ 15,000 $ 15,000 20A-22 P-6 ofP-22 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25oto" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above within 165 working days after the commencement date stated in the Notice to Proceed. The first 105 working days of which is for construction, and the last 60 working days for the landscaping and irrigation maintenance period. The project commencement date shall start on July 1, 2020. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,285 per calendar dayPALP, Itiv 09A Name of Firm 14 EXCEL PAVING COMPANY Signature of BIDDER Title Cudtis P. Brown ill (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Curtis P. Brown III President and Chief Executive Officer PALP, INC CBA David A. Drukker Vice President and Chief Financial O(feer EXCEL PM/ING COMPANY Marcia S. Miller Secratary Crissa A. Phillips Asst. Secretary 20A-23 P-7 of P-22 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7029.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. FALP INC 0 Name of Firm EXCEL PA /Il p COMPANY Signature of BIDDER /!��—CWI-- Title Curtis R 19Kown 111 President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) FALP, NZ DBA Curtis P. Bmwn 111 President and Chief Exacutine officer EXCEL PAVINGCONIPANY DavidA.Drukkar Vito ftasidentand Chlaffinancialofficer Marcia S. Miller 8servieti Cdssa A. WHO Aig.. 4h bbiv 20A-24 P-8 of P-22 PROPOSAL •FC NO.: : 900 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: PALP, INC DBA EXCEL PAVING 2<_ JO LEMON AVE Business Address: LONG BEACH, CA 90806 Business E-Mail Address: Vattm�laf�rzcotnavana net Telephone: 562) 599-5841 STATE LIC# 688659 State Contractor's License No. and Class: A. CIZ C31 License Expiration Date: U Z2- State Dept. of Industrial Relations (DIR) Registration No.: 100 ()()() 3M ) State Dept. of Industrial Relations (DIR) Registration Expiin Date: (0 Signed: Title: //turtts P. Brown III President 20A-25 P-9 of P-22 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certif PAt�tl eAgoing is true and correct. Name of Firm EXCEL PAi'ING CCti1?.ANY Signature of BIDDER Title f Curtis R Brown 111 President (if an individual, so state) 20A-26 P-10 of P-22 CITY OF SANTA ANA ADDENDUM .. O.! PROJECT NO.: 18-4002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA j COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Ourtls R Brown III , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: u CORPORATION ❑ JOINT VENTURE and who has been and is duly vested with Tc authority to make and execute instruments for the co -partnership by: who constitute the other members a corporation which is That he is of co -partnership. proposal: one of the parties making the foregoing proposal as ajoint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed cont:5Z'CL himself or any other person. Curtis P. Brown III W-- President Si tature of Bidder Subscribed and sworn to before miePs MAY 141020day of 20 Signature of officer Administering Oath (Notary Public) CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles } On MAY i. 31020 before me, R. Covington, Notary Public re acre damaa arson, personally appeared Curtis P. Brown III , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istace subscribed to the within instrument and acknowledged to me that he/*aiitaey executed the same in hislk%d&§ir authorized capacity(ies), and that by his/hemlti it signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .arrurnunronuuuunuuuara e . WITNESS m hand d official seal . l. R. COVINGTON my anCOMM. #2157907 NOTARY PUSUC-CALIFORNIA i LOS ANGELES COUNTY My Commeeion FNlre s 06/2412020 Notary Public Signature (Notary Public Seal) )ESCRIPTION OF THE ATTACHED DOCUMENT (retie or description of attached document) (Title or description of attached document continued) Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) XX Cc orate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NmaryClasses.com 800-873-9885 INSTRUCTIONS FOR COMPLETING THIS FORM Thikjorm compeas with current Cal{forme statutes regarding notary wording and ifneeded should be completed and attached to the document. Acknowledgments from otherstates may be completed fordocumewt being sent to that staterso long as the wording does not reQuire the California notary to violate Caltfomfa notary law. • State and County information must be the State and County where the document signer{s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the data that the sigrear(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or he name as it appears within his a her commission followed by a comma and tied your tide (notary public). • Print the nareca) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forte by creasing off incorrect forms (i.e. he/shatiLey,—ls ;era) eroimling the correct fame. Failure to correctly indicate this infotmatitw may lead to rejection of document recording. • The notary seal impression meat be clear and photographically reproducible. Impression must not cove laid or limas. If seat impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public meat match the signature on file with the office of the county clerk. 6 Additional information is not required but could help to ensure this adcamledgment is not misused or attached to a difeeent document A Indicate title a type of attached document, number of pages and date. 9 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate office, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: l 8-4002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS KNOW ALL PRESENT that, .. f?ALP Inp;_dba, Excel Paving CompaOY..._..._.,_............._...__._,_,..,,m....,.,_,_,,._.....,,,,,._.._.: as BIDDER, and _Federal Insurance Comp an as SURETY, 1... are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal suns of _ _Tert_percent of the total amount of the bidDollars{$_.,_10"10,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ), which is ten percent {] 0 /) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 12th day of May , 20 2� . BIDDER* PALP Inc. dba Excel Paving Company 2230 Lemon Avenue long beach, CA 90806 562-599-5841 Halls Mill Road, Whitehouse Station, NJ Douglas A. pp, Attorney in F2Ct Rapp Surea Ins. Services, Inc., 120 Vantis Dr., Suite 300, Aliso Viejo, CA 92656 949-540-6770 Subscribed and sworn to before me ......... _ ........ this ..... _... _�....- day of 20 _ . utlrtis-P.."'8'rown 111 President Signature: ✓ CAW MMIA Notary Pablic in and for the County o£_ _ __ ' _-_,,State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of e Orange ) On May 12, 2020 before me, Debra Swanson Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp , who proved to me on the basis of satisfactory evidence to be the person(+) whose name(&) isMm subscribed to the within instrument and acknowledged to me that heADWS gay executed the same in hisM m0*Pa4 authorized capacityo@"}, and that by hisltewiarri►signature(r) on the instrument the person!*, or the entity upon behalf of which the personh) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DEBRgSa ; ON`-x N COMM. # 2170759 ;0 o $NOTARY PUBLIC•CAUFORNIA CO, ORANGE COUNTY Signature Set(Seat) MY COMM. EXP. NOV 10, 202O 20A-30 1CChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Padfic Indemnity Company Warren, NJ 07059 d�ra Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California-------- -- won as their true and lawful Attorney- in, Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety therewi or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than beg bonds) given or executed In the course of business, and any instruments amending or altering the same, and connaents to the modification or ateraton of any instrument referred to in said bonds or obligations. In witness whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSU these presents and affixed their corponne seals on this 1Sth day of INDEMNITY COMPANY have each executed and attested C Kenneth C. Wende , Assistant Secretary Nords, Jr., Vise Preside/nt STATE OF NEW JERSEY as. County of Somerset On this 15th day of December, 2011 before me, a Notary Public of New Jersey, personalty came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Werde, being by me duly sworn, did depose and say that he is Asestam Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate basks and were thereto affixed by authority of the By- Laws of mid Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is aoquakded with David B. Norris, Jr., and knows him to be Vice Presidentof mid Companies; and that the Signature of Davit! B. Norris, Jr., subscribed to said Power of Attorney is In the genuine handwriting of David S. Nords, Jr, and was thereto subscribed by authority of said By - Laws and in deponents presence. .Notarial Seal KATHERINE 1. ADELAAR (4m NOTAiIY PUBUC 16 NEW 1FRSF1Zz�tut•.2316bSS�uContrtwriOn &PimJuly 14.2014 Notary Publib J8' CERTIFICATION Exhaotlrom the By- Leas of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'AIL powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, ether by the Chairman or the Presider a a Vice President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the forowing officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executlng and attesting bonds and undertakings and other vdidngs migstory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or faban its seal Shall be valid and binding upon the Company and any such power so executed and'ceuffed by such facsimile signature and facsimile seal shall be wild and binding upon the Company with respect to any bad or underbidding to which it is attached.* I, Kenneth C. Wendel, Assistant Secretary of FEDERAL. INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Compamesy do hereby certify that (1) the foregoing expect ofthe By- Laws of the companies is due and correct, Or) the Companies are duly licensed and authorized to bansaG Surety business in all 60 of the United Stafea ofAmerica and the DISH of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigiant are licensed in Puerto Ries and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (lid the foregoing Power ofAttorney is We, correct and in full face and effect Given under my hand and seats of said Companies at Warren, NJ this 12th day of May, 2020 597P,111111111010i7A IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903. 3656 e-mail: surety@chubb.com Form 15-10.02258-U (Ed.5-03) CONSENT 20A-3 1 i CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles } On MAY 13 7070 before me, R. Covington, Notary Public are nse rearms an ea ifie N�cai�' personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/sKe subscribed to the within instrument and acknowledged to me that he/xhaitfty executed the same in his/k%"r authorized capacity(ies), and that by his/boottlstir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. annununnnuuuaunnnmuR my anoffisea WITNESS m hand d official l. = � TON �~- COMM. #212157807 � NOTARY PUBLIC - CALIFORNIA I.OS ANGELPS COUNTY - M�r 0t3/2M2020 Notary Public Signature y (Notary Public Seal) �uw Kill 111Expires rnuuuuwtonennrratotrr ADDITIONAL OPTIONAL INFORMATION OF THE ATTACHED DOCUMENT (Title or deseipdon of attached document) (Tide or description of attached document continued) of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) XX Cc orate Officer ?resident (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.wrn 800-873-8865 INSTRITCt'IONS FOR COMPLETING THIS FORM nisform compiles with current California statutes regarding notary wording and, (fneedad, should be completed andattached to the document Achwsvledgments from other states may he completed for doct memo beingsent to that state so long as the wording deal not require the California notary to violate Caltforaia notary law. • State and County information must be the State and County where the document sigaer(s) personally appeared before thenotarypablic for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the some date the acknowledgment is completed. • The notary public must print his or her came as it appears within his m her connotation followed by a commit, and then your title (notary public). • print the names) of document sigin(s) who personally appear at the time of notarization. • Indicate the comet singular or plural forma by crossing off incorrect forma (i.e. heisheliheyt- is tart) ar circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression most be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficiem area permits, otherwise complete a different acknowledgment form. • Signature of the notary public most match the stgnahrrc on fide with the office of the county clerk. $ Additional information is not required but could help to create this acknowledgment is not misused or attached to a different documeat. h Indicate title or type of attached docurnen; number of pages and date. 4& Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document in the signed docmnentwith a staple. CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: t % of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: 'YM of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Kato Landscape Inc License #/Exp. 806122 3/31/21 DIR Reg. #/Exp. 1000000086 6/30/22 Location Fountain Valley, CA 92708 Phone 714-963_-4615 Type Of Work Landscape & Irrigation Amount $ 78,740.60 Name License #/Exp. DIR Reg. #/Exp. License # _ Location Name Chrisp Company License #/Exp. 374600 5/31/21 DIR Reg. #/Exp. r nnnnnn-ina 6/ tnm Location Bloomington, CA 92316 Phone 909-946-0356 Type Of Work striping Amount $ $48,800.00 Name A.M. Concrete Inc. License #/Exp. 446850 9/30/21 DIR Reg. #/Exp. tnnnnnfi525 rwinnn License # 446850 Location Corona, CA Phone Phone 951-279-6869 Type Of Work Type Of Work Concrete Amount $ Amount $ $291,170.00 Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ 9. Curtis P. Brown III President Si ature of Bidder CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9402 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS SSE ATTACHZD The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount 2. Name and Address Name and Televho 3. Contract Amount Type of Work owner. Number of person familiar with project. Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. 9W cw-f oVl�y P V Sd CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER 1WROVEMENTS ;;"A ATtACASD ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. I. 2. 3. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. l� `1anti k Air- "�'u \J\tp C& 0�qq Flo vro CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BID➢ER or any other 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. BIDDERS are cautioned thatpaking a false certification may subject the certifier to criminal prosecution. Signed Curtis P. Brown III State of California Countyof 1S,ANGS ES Subscribed and sworn to (or affirmed) before me on this day of Mpy 20_ by Curtis P. Brown III proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me sKS1NO-" Notary Public Signature Notary Public Seal Ri` CALIFORNIAALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles } On 3117tj before me, R. Covington, Notary Public ere nsen Hems a , el—ciih�oiiwer r personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/axe subscribed to the within instrument and acknowledged to me that he/sit" executed the same in his/N§60§ it authorized capacity(ies), and that by his/ham milr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �uuum w uuumnuuuunuaa. R. COVINGTON WITNESS my hand and official seal. COMM. #2157907 NOTARYPUBLIC - CALIFORNIA Rr LOS ANGELES COUNTY - Expires 06124/2020 ACommission 4aannmNouua II Noll Noll OF THE ATTACHED DOCUMENT (Tide or description of attached document) of Pages —Document Date _ CAPACITY CLAIMED BY THE SIGNER ❑ Individual (a) XX Cor orate Officer President itle) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM 7hisjorm complies with currant Calfornia atomics regarding notary wording and if needed, should be complded and attached to the document Aclosowledgments from other stares may be completed for documents being seat to that state so long as the wording does not require the Calfornia notary to violate California notary law. • State and County information must be the State and County where the document sigoer(s)pmcnally appeared before the notarypublic for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must prim his or her name as it appears within his or her commission followed by a comma and than your title (notary public). • Print the name(a) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/sheithey,, is /are) or circling the conect forms. 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CITY OF ii i PVOPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/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 Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor 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. tY f CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stars. 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 contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Ch Ater. Signed: sa-- Title: urtis P. Brown III President PALP. NC DBA Firm: FXf'FI PAVih!C; C OkIPANY Date: MAY I A 707f1 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-4002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amountV the California Apprenticeship Council. Signed: Title: PALP, NC DBA Firm: EXCEL PAVING COh9PANY Date: CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherw'e enttitled. Signed: /� --- a - Title: C is P. Brown III President PALP. NC i3BA Firm: EXCEL PA\'ING CO%IPANY Date: MAY 14 207V CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? j Yes No If the answer is yes, explain the circumstances in the following space. W. CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 18-4002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT CWA REQUIREMENTS In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: http://www.Santa-ana.orp/pwa/documents/C WA.pdf The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent at appears as Attachment A to the CWA. Signed: Title: urtis P. Brown III President FAEP, N,- SBA Title: EXCEL MI NG COMPANY Date: lily j ^ 71 °n_ r`mR�B`oN.�`wF"_ `tim �om mR i � am m.29 wnRA 9A 9 f9 W W. W W... N. N.... W W N W. W.... fA ........M �3 ma�F m mN m �' uw3o C'Qo m'-o m m iF2 C^!. . �. m W m. m m m m W W m rn W w w W w w w W6 _ w W w W rn a+W W rn rn o za�z a�a�a a- 5;; o as o_ _ 21 8w8'rn'8 �S' m�m a W o88ZL+ 088 �E E 50�p . .j'1� 5'0� m E " g o t0J ` r8 g0 _ a E' '& S 0 rnts d �p V � 3 m mw m mE 2N O d C y W C CF m aN6 0 i pj _ LL O C G.N 0.0 M � }CNV O p Q_i W S S ONi O� Qa � Ot 62 R ['4i Q+ G�� `CND' �+ m m (m0 a C'� pN Cam! [f2 8j Oa O� W b OE d c 'm a g 4= 6 0 4 b m O v a� G 8 �j y E .02 02 c c a c c 39in r`�n3 rg inm0 m g'� mvtOirwmm "smm � � a N E2- N S a Q a j,�.Eav KK 'c g mmm �zin=i Smr��,m u`4.o..a^in S S Q si Ea �` �. w.b. mm+3 a ci "'gui W ui r�•:ir t2 �tO Fi tSc oar Na ��'g�mI m O] NN t � a � 'dj ��Nm Ng Nlflm ELL1 "gym w w �ga� ui W W 3 oN�So So mmvwi �n md' R tmOC ;z rrN C N E c Em �9in 3ci0ino¢ w�m0�inms ginminm�n ��� wz�o 033mm rla¢ 00� C m E E E2_ 65 Ea �. zWS�ci�E ^a`s�H�Sc�EwN �w»�i 506 57y5 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 18-9002: BUSH STREET BICYCLE BOULEVARD (CIVIC CENTER TO 17Tn ST) PROJECT NO. 21-6442: BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO. 21-6443: BUSH STREET BIKEWAY SEWER IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 16' day of June, 2020 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Palp, Inc DBA Excel Paving Company (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Bush Street Bicycle Boulevard and Bush Street Bikeway Water and Sewer Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Nine Hundred Twenty-seven Thousand Two Hundred Eighty Dollars and No Cents ($1,927,280.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." rev. 09r01,,2017 20A-45 Page I of The BID PROPOSAL contains a schedule of unit price(s) or lump sums) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the WORD OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: bM://www.santa-ana.orgZpwa/documents/CWA.pdf CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, famish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 11 20A-46 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:. J HN FUNK Assistant City Attorney NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Excel Paving Company 'ter----,.. TLE: Curtis P. Brown 111 President 20A-47 Page 3 of 3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Lnotary public or other officer completing this certificate verifies only the identity individual who signed the document'to which this certificate is attached, t the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles } go before me, R. Covington, Notary Public -- - re nsn items en a ry personally appeared _ Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/axe subscribed to the within instrument and acknowledged to me that he/six Aiwy executed the same in his/W' M*r authorized capacity(ies), and that by his/bealmdr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Public Seal) A IIOI IIIIII IO/ III IIIIII 11Sol Niglio 916 "a R. COVINCaTON COMM.OVIN 67907 TON NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My Commission Expires 06/24/2020 711UIIIIaO1111tl UII IIIIIIH NI OIIP ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM 7wisform complias with current California sramaes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT Ifneeded should be completed andanached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the Catbibrafa notary to violate California notary law. 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City of Santa Ana EXHIBIT A Page 1 Bush Street Bicycle Boulevard; Bush St Bikeway Water Improvements; Bush St Sewer Improvements (1B-9002: 21-6442:21- Printed 0512612020 Bid Results Bidder Details Vendor Name Excel Paving Cc Address 2230 Lemon Ave Long Beach, CA 90806 United States Respondee Dallas Daniels Respondee Title Estimator Phone 562-599-5841 Ext. 242 Email ddaniels@excelpaving.net Vendor Type CADIR License # 688659 CA DIR Bid Detail Bid Format Electronic Submitted May 20, 2020 9:43:31 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 212427 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General Forms Santa Ana General Forms Saved.pdf General Forms Ownership Affidavit Ownership Affidavit.pdf Ownership Affidavit (Notary Public) - REG Original Hard Copy Submittal in Addition Bid Bond Bid Bond.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Non Collusion Non Collusion.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Item Code UOM city Unit Price Line Total Comment PROJECT NO 1&5002 BUSH ST BICYLE BOULEVARD 1 Unclassified Excavation' CY 600 $250.00 $150,000.00 2 Cold Milling' SF 30700 $1.40 $42,980.00 3 Asphalt Rubber Hot Ma (ARHM)' TN 370 $120,00 $44,400.00 fffe City of Santa Ana Page 2 Bush Street Bicycle Boulevard; Bush St Bikeway Water Improvements; Bush St Sewer Improvements (18-9002; 21-6442; 21- Printed 0512e12020 Bid Results Type Item Code UOM City Unit Price Line Total Comment 4 Asphalt Concrete* TN 470 $160.00 $75,200.00 5 Crushed Miscellaneous Base* TN 4 $300.00 $1,200.00 6 6" PCC Pavement* SF 7140 $13.00 $92,820.00 7 4" PCC Sidewalk* SF 5750 $9.00 $51,750.00 8 A-2-6 PCG Curb and Gutter per GSA STD. Plan No 1101' LF 1410 $50.00 $70,500.00 9 A-2-6 POO Curb with 3' Gutter per CSA STD. Plan No 1101` LF 160 $60.00 $9,600.00 10 FCC Curb Ramp Per SPPWC STD. Plan 111-5, Case and Type as Shawn" SF 3850 $15.00 $57,750.00 11 Remove Tree and Roots Complete EA 1 $2,000.00 $2,000.00 12 Adjust Manhole Frame and Cover to Grade per CSA STD. Plan No. 1201 EA 3 $1,000.00 $3,000.00 13 Adjust Water Valve Frame and Cover to Grade Per CSA STD. Plan No. 141011411* EA 1 $1,500.00 $1,500.00 14 Gutter Depression per CSA STD. Plan 305 LF 20 $50.00 $1,000.00 15 PCC Driveway Approach per CSA STD Plan No. 1112* SF 450 $12.00 $5,400.00 16 Adjust Pullbox or Utility Cover to Grade EA 7 $700.00 $4,900.00 17 Adjust Survey Monument to Finished Grade per CSA STD Plan No. 1117. Location to be Verified by CSA Survey Supervior Before and After Construction EA 5 $500.00 $2,500.00 18 Type D-6 Curb per Caltrans STD Plan A87A' LF 320 $40.00 $12,800.00 19 10" Stamped Concrete (Red) with #4 Reber Spaced at 24" O.C.* SF 1600 $27.00 S43,200.00 2M'50 City of Santa Ana Page 3 Bush Street Bicycle Boulevard: Bush St Bikeway Water Improvements; Bush St Sewer Improvements (18-9002; 21-6442; 21- Printed 0512612020 Bid Results Type Item Code UOM aty Unit Price Line Total Comment 20 Type B-1 Curb per CSA STD. Plan No. 1101* LF 360 $40.00 $14A00.00 21 Variable Height Type B-1 Curb per GSA STD. Plan No. 1101" LF 320 $41.00 $13,120.00 22 Furnish and Install Traffic Signal Pulibox with New No, 6 Pullbox per CSA STD. Plan No. 1501 Adjust to Finish Grade EA 4 $925.00 $3,700.00 23 Furnish and install New Water Meter Box per CSA STD. Plan 1401 EA 1 $600.00 $600.00 24 8" PCC Gross Gutter Including Monolithic Curb per CSA STD. Plan 1109 SF 2800 $14.00 $39,200.00 25 Construct New Culvert per GSA STD. Plan No. 318 with a Type II Inlet LF 28 $300.00 $8,400.00 26 Remove Existing Catch Basin Structure Complete and Protect Existing Connector Pipe In Place. Fill and Compact Removal with Native EA 1 $4,000.00 $4,000.00 27 Remove Esisting Parking Meter Complete EA 1 $400.00 $400.00 28 Pour New Vent Foundation Per SCE STD. Plan AC 758 at Finish Grade. Protect Vent in Place EA 4 $6,000.00 $24,000.00 29 Remove Exisiting Firehydrant and Valve, Install New Firehydrant and Valve per CSA STD. Plan 1405' EA 1 $14,000.00 $14,000.00 30 Construct 12" PVC Water Main (T minJ" LF 15 $500.00 $7,500.00 31 Connect to Existing 12" ACP with 12" Long Body Flexible Transition Coupling' EA 2 $2,300,00 $4,600.00 32 Remove Valve Box Frame and Cover. Cut Off PVC Riser 18" Below Grade, Back Fill wl Sand Compact and Pave to Match Proposed EA 3 $900.00 $2,700.00 33 Abandon Existing Water Service EA 4 $1,200.00 $4,800.00 34 18" RCP. Trench, Bedding, and Backfll Requirements per City STD. Plan No. 1150 LF 31 $200.00 $6,200.00 35 18" Diameter Concrete Collar per CSA STD. Plan No. 320 EA 1 $1,000.00 $1,000.00 12TA-1 1 City of Santa Ana Page 4 Bush Street Bicycle Boulevard; Bush St Bikeway Water Improvements; Bush St Sewer Improvements (18-9002; 21-6442; 21- Printed 0512612020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 36 Catch Basin Type C per CSA STD. Plan No. 303, W=S.0' V=5.0' EA 1 $9,000.00 $9,000.00 37 24" Box Jacaranda Tree EA 2 $1,500.00 $3,000.00 36 5-GL Variegated Flax Lily` EA 1000 $30.00 $30,000.00 39 8th St irrigation LS 1 $8,000.00 $8,000.00 40 9th St irrigation LS 1 $13,000.00 $13,000.00 41 10th St Irrigation LS 1 $12,000.00 $12,000.00 42 16th St Irrigation LS 1 $8,000.00 58,000.00 43 60 Working Days Landscaping/Irrigation Maintenance t LS 1 $3,000.00 $3,000.00 44 3" Thick Layer of Mulch' SF 3300 51.00 $3,300.00 45 Root Control Banner' LF 44 $10.00 $440.00 46 Project Advertisement Sign - EA 2 $600.00 $1,200.00 47 Signing and Striping t LS 1 $86,000.00 $86,000.00 48 Labor Agreement Oversight LS 1 $15,000.00 $15,000,00 Subtotal $1,013,060.00 PROJECT NO's 21-6442 & 21.6443 BUSH STREET WATER AND SEWER IMPROVEMENTS 49 8" Class 305 AW WA C900 P.V.C. Water Main LF 300 $260.00 578,000.00 50 12" Class 305 AW WA C900 P.V.C. Water Main LF 1700 $265.00 $450,500.00 "152 City of Santa Ana Page 6 Bush Street Bicycle Boulevard; Bush St Blkeway Water Improvements; Bush St Sewer Improvements (18-9002; 21-6442; 21- Printed 05/2612020 Bid Results Type Item Code UCM Qty Unit Price Line Total Comment 51 Construct 1" Water Service and Connect to Existing Melee EA 5 $4,200.00 $21,000.00 52 Construct 2" Water Service and Connect to Existing Meter* EA 2 $5,300.00 $10,600.00 53 New Fire Hydrant Assembly, (Including Gate Valve and Lateral Pipe) EA 5 $13,000.00 $65,000.00 64 8" Resilient Wedge Gate Valve EA 3 $2,000,00 $6,000.00 55 12" Resilient Wedge Gate Valve EA 9 $3,000.00 $27,000.00 56 4" Fire Service Connection Including 4"RWGV EA 1 $5,000.00 $5,000.OD 57 6" Fire Service Connection Including 6" RWGV EA 1 $5,000.00 $5,000.00 58 Remove Existing Manhole Structure EA 3 $4,000.00 $12,000.00 59 Construct New P.C.C. Sewer Manhole EA 3 $12,000.00 $36,000.00 60 Remove Existing Sewer Main and Construct 6" VCP Sewer Main LF 40 $1,000.00 $40,000,00 61 CCTV Inspection of Existing Sewer Main LF 2540 $3.00 $7,62D.00 62 CCTV Inspection of Existing Sewer Laterals EA 66 $400.00 $26,400.00 63 Vertical Offset (As -Needed)* EA 5 $5,000.00 $25,000.00 64 2'Air Vacuum and Release Valve (As-Neededp EA 5 $7,300.00 $36,500.00 65 Additional Trenching Cost to Install Water Pipeline 18" — 30" Deeper (Total 54" to 66" cover) (As -Needed)* LF 250 $30.00 $7,500.00 66 COLD MILLING` SF 8500 $2.00 $17,000.00 ` i�5 M City of Santa Ana Page 6 Bush Street Bicycle Boulevard; Bush St Bikeway Water Improvements; Bush St Sewer Improvements (18-9002; 21-64442; 21- Printed 06126/2020 Bid Results Type Item Code UOM City Unit Price Line Total Comment 67 ASPHALT RUBBER HOTMIX(ARHM)* TN 105 $220.00 $23,100.00 68 As-Builts LS 1 $15,000.00 $1500.00 Subtotal $914,220.00 Asterisk Notes (Per Section 3.2 of Standard Specifications) " NOT part of Total Bid Calculation 69 ' = The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25 h" limit as stated in Section 3-2 of the Standard Specifications. This bid item shall not be subject to the "25l" limit as stated In Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. ea 0 $250.00 0 70 t = This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. ea 0 $250.00 0 Subtotal 0 Total $1,927,280.00 till'='S4 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.:18-9002 BUSH STREET BICYCLE BOULEVARD PROJECT NO.: 21-6442 BUSH STREET BIKEWAY WATER IMPROVEMENTS PROJECT NO.: 21-6443 BUSH STREET BIKEWAY SEWER IMPROVEMENTS The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "251/o" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above within 165 working days after the commencement date stated in the Notice to Proceed. The first 105 working days of which is for construction, and the last 60 working days for the landscaping and irrigation maintenance period. The project commencement date shall start on July 1, 2020. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,285 per calendar dayPALR INC 09A Name of Firm EXCEL PALING COMPANY r Signature of BIDDER p Title Cuhis P. Brown (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Curtis P. Brown lil President and Chief Executive officer PALIY ii }�� YC DSA David A. Drukker Vice President and Chief Financial officer EXCEL PAVING COMPANY Marcia S. Miller secretary Crime A. Phillips Asst. Secretary REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT OF $91,047 TO RE-ESTABLISH AN ESCROW ACCOUNT FOR THE BRISTOL STREET IMPROVEMENTS PROJECT (NON -GENERAL FUND) /s/ Kristine CITY MANAGER 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 1�1��►U1�1:3q;7 RECOMMENDED ACTION Approve an appropriation adjustment to recognize $91,047 of escrow funds refunded to the City in the Select Street Construction Fund, Miscellaneous Revenues account and appropriate the same amount to the OCTA Bristol Street Corridor Improvements, Land expenditure account, to re- establish an escrow account for redevelopment of portions of the parcels of land at 400 and 421 South Bristol Street. DISCUSSION Bristol Street is a major north -south transportation corridor, which is designated as a major arterial in the City's Circulation Element of the General Plan. Improving the 3.9-mile Bristol Street segment from Warner Avenue to Memory Lane is a high -priority project that will be constructed in several phases. Over the years, property acquisitions have been needed to allow room for the widening project. In 2009, portions of the parcels at 400 and 421 South Bristol Street (Exhibit 1) were acquired as part of the Bristol Street Widening Project from McFadden Avenue to Pine Street (Project 06-1500). The owners at the time were interested in relocating on site and only entertained a partial acquisition from the City. On January 5, 2009, the City Council approved the partial acquisition and the properties were acquired through a Purchase and Sale Agreement (PSA) of the Real Property (Exhibit 2). The parties also entered into an Acquisition Settlement Agreement (ASA) to mitigate damage to the building and avoid displacement of the business (Exhibit 3). Under the ASA, the property owner was required to redevelop the site and to meet certain development milestones in order to receive installment payments amounting to $695,000. The property owner was unable to meet these obligations and the parcel was subsequently sold. The ASA will now be assigned to the new owner, who is entitled to receive the remaining funds to develop the property. Public Works Agency and City Attorney's Office staff have been monitoring 20B-1 Appropriation Adjustment to Re -Establish Escrow Account for 400 and 421 S Bristol Street June 16, 2020 Page 2 both the ASA and the assignment to ensure the proper administration of the agreement, including disbursements to the assignees at the appropriate development milestones. The funds payable under the original ASA were deposited into an escrow account with First American Title. The agreement with First American Title expired and staff transferred the escrow responsibilities to a different escrow company, Commonwealth Title. The remaining escrow funds were returned to the City. To meet the obligations of the new ASA, an appropriation adjustment is needed to wire the funds to the new escrow company. The new owner of the property has already submitted a site plan, and it is anticipated that they will meet the milestones described in the ASA and receive the remaining monies due under the agreement. 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 There is no environmental impact associated with this action. FISCAL IMPACT The requested Appropriation Adjustment will recognize $91,047 of escrow funds refunded to the City in the Select Street Construction Fund, Miscellaneous Revenues account (No. 05917002- 57010) and appropriate the same amount to the OCTA Bristol Street Corridor Improvements, Land expenditure account (No. 05917661-66100). Funds will be expended in FY 2020-21 as follows: Accounting Fiscal Year Unit - Account Fund Accounting Unit - Account Amount No. Description No. Description Project No. FY 2020-21 05917661- Select Street OCTA Bristol Street Corridor $91,047 July -June 66100 Construction Improvements - Land Total $91,047 NS/EWG/JG/ST Exhibits: 1. Location Map 2. Purchase and Sale Agreement 3. Acquisition Settlement Agreement 20B-2 MATCHLINE SEE BOTTOM RIGHT MCFADDEN !1 LEGEND SUBJECT PROPERTIES WALNUT ST_ MATCHLINE SEE ABOVE LEFT APPROVE APPROPRIATION ADJUSTMENT OF $91,047 TO RE-ESTABLISH ESCROW ACCOUNT FOR BRISTOL STREET IMPROVEMENTS PROJECT �.pTlOry F\, i f 'ANCE 107:� �LIIREf: A-2009-004 CLrRI EXHIBIT 2 OR ? Zn$URCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter °PSA"), entered into thiss-11"day of Jan . 2009, 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 Socorro Guerrola De Navarro Family Trust, Sonia Liliana Navarro, Yolanda Veronica Navarro, _M Ernesto Navarro, Leticia Navarro and Jaime Navarro, (hereinafter "Seller'), regardless of number or gender; oTHEREFORE, for and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, g Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property located in the State of California, County of Orange, City of Santa Ana, described as a follows: (hereinafter "Said Real Property") described as follows: SEE EXHIBIT "A" and "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 421 and 400 South Bristol Street, Santa Ana, CA, APN: 008-232-36, 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 bV Seller. Seller agrees to convey Said Real Property to City, by Easement Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title, except those exceptions shown in 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 ONE HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED AND NO1100 DOLLARS ($155,200) Page 1 of 14 Seller's insuring City's title 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 PSA. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (hereinafter "Escrow Agent") within five (5) days from and after the date on which the City has approved this PSA. This PSA constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this PSA shall be delivered to the Escrow Agent upon the opening of the escrow. The Escrow Agent hereby is empowered to act under this PSA, 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 PSA, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of Said Real Property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "C" of the General Provisions of this PSA. 5. Property Taxes. Such real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on Said Real Property for said fiscal year which have been paid prior to the date the deed conveying Said Real Property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying Said Real Property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, fixtures & equipment (improvements pertaining to the realty), good will (if any), severance damages, and bonus value (if applicable), the total cash sum of ONE HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($155,200). Page 2 of 14 Seller's 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 said purchase price to Seller only after or concurrent with the satisfaction of the following conditions precedent: (a) Conveyance of Said Real Property by Seller to City as hereinabove provided; (b) Acceptance by City of An Easement Deed conveying Said Real Property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Easement Deed conveying Said Real Property to City. (e) City shall record the Easement Deed when purchase price is deposited with Escrow Agent. 7. Possession. Seller agrees to deliver to City, upon execution and/or recordation of the Easement Deed described and attached hereto EXHIBIT " D", quiet and peaceful possession of Said Real Property. a. Intentionally Left Blank 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon Said Real Property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for Said Real Property and includes payment for fixtures & equipment (improvements pertaining to the realty), Bonus Value, if any, and severance damages. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the city of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: Ernesto Navarro 421 S. Bristol Street Santa Ana, California 92703 Page 3 of 14 Seller's initials 20B-6 15. Exceptions. City agrees to accept title to Said Real Property subject to the following: NONE 16. Agreement. Performance of this Agreement by City shall lay at rest, each, every and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. 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) 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 seq. (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 sue. (42 U.S.C. 59601). 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. Page 4 of 14 Seller's Initials 20B-7 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 enforceability of this PSA, and the escrow created hereby, is contingent upon the express acceptance and approval of this PSA by City. The execution of this PSA by City, and the delivery of same to Escrow Agent, shall constitute said acceptance and approval. 21. Modification and Amendment This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 23. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 24. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. Page 5 of 14 Seller's Initials 28. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 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. The parties have executed this Agreement as of the date written below. BUSINESS OWNERS): CITY OF SANTA ANA: For: La Pinata Market and Rockview Dairy By: Lilt. 1(4 n�S���ate: k-9 G' ,2009 B Date: �, 2009 David N. eam As: Ipdividuals: City Manager . cd4 uate:' is Liliana Nav o 2009 2 -1 , 2009 Date: -) 2009 Date: 2-. 14, 2009 PROPERTY OWNER: 5ocorro Guerrola De Navarro Family Trust o Date: 2009 (1 ,Trustee APPROVED AS TO FORM: Joseph W.,Ftc;cher City Attorooy ''' Date: 3 - S 2009 Page 6 of 14 g2,�,-�Jate: • s 2009 Patricia E. Heal Clerk of the Council Seller's Initials 20B-9 EXHIBIT "A" LEGAL DESCRIPTION (APN 008-232-36) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOTS 16 AND 17 OF TRACT NO, 610, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 17 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40-FOOT HALF - WIDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 2266, PAGE 451 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT OF WAY AND THE EASTERLY RIGHT OF WAY CONVEYED TO THE CITY OF SANTA ANA BY DEED DATED JULY 10, 1951, NORTH 0038'34" EAST 90.34 FEET TO THE NORTHERLY LINE OF SAID LOT 16; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°05'04" EAST 14.65 FEET; THENCE SOUTH 2°01'18° WEST 47.89 FEET TO A LINE PARALLEL WITH AND 53.50 FEET EASTERLY, MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF SAID BRISTOL STREET; THENCE ALONG SAID PARALLEL LINE, SOUTH 0°38'34° EAST 27.46 FEET; THENCE SOUTH 44'12'03" EAST 21.27 FEET TO SAID SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY RIGHT OF WAY OF MYRTLE STREET, NORTH 89°02-43° WEST 28,50 FEET TO THE POINT OF BEGINNING, THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,360 SQUARE FEET (0.0312 ACRES), MORE OR LESS. ALL AS SHOWN ON EXHIBIT "S", ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. O NO R CHARD C. M HER, P.L.S. 7564 DATE C� LICENSE EXPIRES 12-31-07 � � pL I p rr *117w Page 7 of 14 Seller's 20B-10 EXHIBITA Plat to Accompany Legal Description 008-232-36 SCALES I' = 30' 1 KDM Meridian, Inc. 22541 Aspon Street, Suite. C t take Forest, CA 926W None: 949-768-0731 Fax: 949-768-3731 AJON oas-.2=-56 AREA: 1,360 SF. / 0.031a AC. t ACCOMPANIES A LEGAL. DESCRIPTION ""R UNDER MY DIRECTION. Page 8 of 14 NO. 7564 20B-11 Seller's Initials EXHIBIT B LEGAL DESCRIPTION (APN 008-232-32) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 15 AND THE SOUTH 40.13 FEET OF LOT 14 OF TRACT NO. 610, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 15 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40-FOOT HALF - WIDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 2246, PAGE 338 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH 0°3834" EAST 85.34 FEET TO THE NORTHERLY LINE OF THE SOUTH 40.13 FEET OF SAID LOT 14; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89607'24" EAST 16.71 FEET; THENCE SOUTH 2°0118" WEST 85.36 FEET TO SAID SOUTHERLY LINE, - THENCE ALONG SAID SOUTHERLY LINE, NORTH 89005'04" WEST 14,65 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.338 SQUARE FEET (0,0307 ACRES), MORE OR LESS, ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN MY DIRECTION IN CONFORMANCE WITH SURVEYOR'S ACT. 07 RI HARD C. A ER, P.L.S. 7564 DATE LICENSE EXPIRES 12-31-07 Page 9 of 14 PREPARED BY ME OR UNDER THE PROFESSIONAL LAND Seller's Initials 20B-12 EXHIBIT B Plat to Accompany Legal Description 008-232-32 pR• w a fl M �z 1 I 0 M - — _ N89*02'443,W MYRTLE ST. SCALE: V = 30' AREA: 1,338 S.F. / 0.0307 AC, t i KCM Meridian, Inc. 2254; Asaan Street, Suite. C 1 Loke Forest. CA 92630 Pho": 949-760-0731 Fox: 949-768-3731 AEON 00&-2=-= THIS PLAT ACCOMPANIES A LEGAL DESCRIPTION WRITTEN BY LNt UNDER NY DIRECTION. U ou 10iz3/o RICHARD C. MAHER, PLS 7564 DATE Page 10 of 14 Seller's Initials_ 20B-13 NO. 7564 j EXHIBIT "C" 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 perfection of title as of the date on which the transferring instruments referred to herein are recorded in the Office of the Orange County Recorder. All prorations made during escrow are to be made on the basis of a 360-day year and a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. Escrow Agent is 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 Escrow Agent, 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 and affected hereby, Escrow Agent shall have the right to discontinue any or all further acts on its part until such conflict is resolved to its satisfaction, and Escrow Agent shall have the further right to interplead the escrow to any Superior Court of competent jurisdiction, and 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 Escrow Agent in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by Escrow Agent. In the event Escrow Agent files a suit in interpleader, it shall ipso facto be fully released and discharged from all obligations imposed upon it 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. Page 11 of 14 Seller's Initials 20B-14 EXHIBIT "D" EASEMENT DEED Whra recorde0. pleas<until mis iwhvmnt and Izv riahnaars to: Clerk "the Counal Gtp of SmT. Ana 20 Ciak Ceeter Ph'.)I-m bane Ava, cmu.'ada 92-01 Fm semxd.g rcq..d by THE CITY OF SANTA l tiA PER GOVERNAMN7 CODE SECTION 6103 �`ii <fF.CY+IiSJ :1D'AO�_asY IsXfFiSs DC¢f9i3]Y AZ Ti cS Y.'YJ: S'OR1S D3:!:P. e.LT:1.'%' l.'i:NM ?Ao£Ci CkEaACF >L 008N -e `a.NfER 0S ??1-i632 06-1500 421. 400 S. BnstoL S.mw A. Ctlifomia OE3iv^®-F. EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt ofwhich is hereby acknowledged, Socorm Guenola De Nmerfo Family Trust Do Hereby Grant to THE CITY OF SANTA ANA, a Charter city and municipal corporation duly organized under Rke Constitution and lens of the Stale of Calffwnia, easernem for pubhc nght-M.way Purposes for in on, mer under, and dirough the real property in the ON Of Santa Arm, County of Grange, Stale of California, located a[ 421, 400 S. Bristol, legally described m follows: SEE EXHSIT `A' - Legal Description and EXHIBIT "B-- Graphic Depiction, Attached Hereto; SOCOR0 Guenola De Navarro Family Trust Data-. 2008 Felicia Navarro, i rustes STATE OF CAUFFOAV14 jas Wm us. xha pro;xd ro me m the basis d' sar�ssfaczh r.'drnm ro be a.,. persuas) wlwx rurue{s) 11". s slihcd ro the nitibn inamunem and 'umvtedq cI b vx Om, bvvhehhcy executed rim same in Lisihea/are¢ authorized npacim(a), and dwt he lus'bm'tnx¢ n hlrfes) cm the im cnen'the penop(s) ar d,c mritcupw belafuf.lch thepe ,t,) ute& mnited d" imnmm¢ I cntifi ..der PENALTY Of PERILRY' undo drc Iota of the Stare of Caldmma that du foa,ff--SP wmphiztmeandtamer SyguaMm SIG?J,TJRE OF IVOiARY PUBLIC rS.V^E.wTMYb Ag Page 12 of 14 Seller's 20B-15 EXHIBIT I'D" EASEMENT DEED ATTACHMENT EXHIBIT -A• LEGAL DESCRIPTION (APN 0 232�M THAT CERTAIN PARCEL OF LAND IN THE CT( OF SANTA ANA, COUNTY OF ORANGE. STATE OF CALIFORNIA, M BEING A FORTON OF LOTS 1B AND 17 OF M TRACT ND 610 RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS, PS, PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT THE INiER,SEGTIIXJ OF THE SOUTHERLY LINE OF ^ O LOT 1T AND THE EASTERLY RIGHT OF WAY OF BRISTQ STREET (gp{DOT HALF WIDTH) CONVEED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BODK 22C-0, PAGE 0.1 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT 11111 AND THE EASTERLY RIGHT OF WAY CONVEYED TO THE CITY OF SANTA ANA BY DEED DATED JULY 10, 195t, NORTH D`nS` EAST 00.3a FEET TO THE NORTHERLY LINE OF SAID LOT IS; THENCE ALONG SAID NORTHERLY UNE SOUTH 80b8'W EAST 14.65 FEET: TI-gNCE SOIITN 2'01 •I S" WEST 47,B9 FEET TO A UNE PARALLEL WITH AND 6i60 FEET EASTERLY MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF 6AID BRISTOL STREET; THENCE ALONG SAID PARALLEL LINE, SOUTH O'36'3<' EAST 27 46 FEET; THENCE SOUTH Y6'12'W' EAST 21 27 PEET TO SAID SOUTHERLY LINE'. THENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY RIGHT OF WAY OF MYRTLE STREET, NORRI 86'02.43' WEST 26S0 FEET TO THE POINT OF BEGINNING. THE ABOVE OESCR(EDG PARCEL OF LAND CONTAINB 1,980 SQUARE FEET 10.0312 ACRES), MORE OR LE%, ALL AS SHOWN ON EXHIBIT 8', ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTCN HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFE661ONAL �O SURVEYOR'S ACT ft CHARD C. A HER, P L/ ` O LICFTI6E EXPIRES 12-31-0T'SW DATE p9 t'JR. nj1/Pl N6Ta GF` A Pege 1 of 1 PLOT To ACGOP�WIElR "g" PAPANY LL6AL GLL�ci¢IvrinM MYRTLE gr — - - - — vlaL: +rcar�s'.ml, wF.e, L A �..�I p9P¢x 7wIS eL0.1 2W<Nu[S PXE49L KSgIwIC¢' i �SL4�YP o:]I 4 !1D Y-IS`Qe .pp yplg.�li0. t OV.JYtlj Page 13 of 14 20B-16 Seller's Initials EXHIBIT "ID" EASEMENT DEED ATTACHMENT EXHIBIT LEGAL DESCRIPTION (APN 008-232.32) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA AN COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A 1111CN 11 LOT 15 AND THE SOUTH 40 13 FEET OF LOT 14 OF TRACT NO. 610RECORDED IN BOOK 19'PAGE 12 OF MISCELI-ANEMS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS' BEGINNING AT THE INTERSECTION OF THE 504.1THERLY LINE OF SAID LOT 15 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET HALF WIDTH) AS COTO THE CITY OF SANTA ANA BY DEED RECORDED IN - BOOK 2D16, PAGE 338 OF OFFICIAL RECORDS THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH V38'34" EAST 85.34 FEET TO THE NORTHERLY LINE OF THE SOILMH 40,13 FEET OF SAID LOT 14, THENCE ALDNG SAID NORTHERLY LINE, SOUTH 89-07 24- FAST 16 71 FEET, THENCE SOUTH 2-01 IS- WEST BE 35 FEET TO SAID SOUTHERLY LINE; THENCE ALONG SAID SOUMERLY LINE, NORTH 89.06 N- WEST 14.65 FEET TO THE POINT OF BEGINNING THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 113M SQUARE FEET 10SW7 ACRES), MORE OR i-ESS ALL AS SHOWN ON EXHIBIT -W, ATTACHED HERETO AND MADE A PART THEREOF THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORSACT m—u CMAHEK RLS, 1564 DATE LICENSE EXPIRES (9 r T TO + inl� NC, 1.1z F- thib P.O.B. MYRTLESf. Page 14 of 14 Seller's Initials 20B-17 EXHIBIT 3 NSUP4NCE NOT REQUIRED A-200"04A bVORI MAY PROCEED CLERK OF COUNCIL ACQUISITION SETTLEMENT AGREEMENT _ �ATF usJ,'iia ` This Acquisition Settlement Agreement ("ASA") is entered into on 34y,. 4 2009 between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and Socorro Guerrola De Navarro Family Trust, Sonia Liliana Navarro, Yolanda Veronica Navarro, Ernesto Navarro, Leticia Navarro, Jaime Navarro, also dba La Pinata c Market and Rockview Dairy, ("Owner"). City and Owner may collectively be referred to o in this ASA as the "Parties." tJ 3 RECITALS r,Ja A. Owner operates a business on the Property commonly known as La Pinata Market, and is the occupant of the real property and improvements located at 421 and 400 S. Bristol, Santa Ana, California. ("Property"). B. Owner and City have negotiated a Purchase and Sale Agreement ("PSA") for a portion of the Property, as legally described and depicted in Exhibit "A" and Exhibit "B" attached hereto ("Acquired Property"), which will impact the Owner's rights, title and/or interests in the Acquired Property. C. The Property is located within the Area of the Bristol Street Widening Project from Pine Street to McFadden Avenue and City intends to acquire a road and sidewalk easement on a portion of the Property for a public use. D. The Parties' rights and obligations with regard to the acquisition of the Acquired Property by City are in dispute. The Parties desire to establish their respective rights and obligations and to resolve any and all existing disputes with regard to the acquisition of the Acquired Property by City upon the terms and conditions as hereinafter set forth. E. In order to mitigate damages to the Property and avoid a business displacement of the La Pinata Market and Rockview Dairy, Owner intends to renovate the exterior retail structure at 421 S. Bristol Street and relocate lost parking spacing to 400 S. Bristol ("Rehabilitation Project"). Construction on the Rehabilitation Project is expected to be completed on or about, September 30, 2009. Page 1 of 13 Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions of this ASA, the Parties agree as follows: 1. Consideration a. City agrees to pay Owner, in accordance with the disbursement schedule referenced in section 1(b) through (d), below, the total sum of SIX HUNDRED NINETY-FIVE THOUSAND AND NO/100 DOLLARS 3/2 v%Dq ($695,000) as compensation to which Owner may be entitled, including relocation benefits, any and all loss of business goodwill, leasehold 1 4231 s interests, personal property, improvements pertaining to realty, bonus J - value, severance damages, and any and all other damages to which U '�IVb' Owner may be entitled as a result of City's acquisition of the Acquired Property for the Project. All payments as referenced above will be paid only as follows: Veronica Navarro, Ernesto Navarro and Leticia Navarro. Poll b. Upon execution of this ASA, execution and recording of the Easement Deed, Exhibit "C" City will process an initial payment to Owner in the amount of TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00). C. City will process a second payment to Owner, in the amount of TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) upon satisfactory evidence to City of Santa Ana Public Works Department, that the improvements necessary to accommodate the Bristol Street road widening, have been incorporated into the Rehabilitation Project and the appropriate building permits obtained from the City of Santa Ana. d. City will process a third payment to Owner in the amount of TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) upon satisfactory evidence to City that all exterior building improvements, as it relates the retail structure at 421 S. Bristol Street, have been made and approved by City of Santa Ana Building Inspector. e. City will process a final payment to Owner in the amount of NINTEY- FIVE THOUSAND AND NO/100 DOLLARS ($95,000.00) upon satisfactory evidence to City that the entire Rehabilitation Project is completed. f. Payment of the consideration referenced in section 1 of this ASA, shall constitute full satisfaction of any and all of City's obligations to compensate Owner. Page 2 of 13 2. Release a. Owner, on behalf of itself, its agents, assigns and related entities, agree to indemnify, fully release, acquit and discharge City, and the officers, directors, employees, attorneys, accountants, other professionals, insurers and agents of City (collectively "Agents") and all entities related to City, from any and all rights, claims, interests, demands, actions or causes of action which Owner now has or may in the future have against City arising from the acquisition of the Acquired Property, including, but not limited to, trade fixtures, furniture and equipment, leasehold interests, and claims for loss of business goodwill, bonus value (if any) and/or severance damages (if any), including claims from vendors, independent contractors, tenants now and forever. b. No Party, nor any Agents, nor any related entities, to this ASA have made any statement or representation to any other Party regarding any fact relied upon in entering into this ASA, and each party expressly states it does not rely upon any statement, representation or promise of any other Party or any Party's Agent or related entities in executing this ASA, except as is expressly stated in this ASA. Each Party to this ASA has made such investigation of the facts and law pertaining to this ASA, and of all other matters pertaining hereto, as it deems reasonable, necessary and/or appropriate, and has consulted with legal counsel concerning the matters contained herein. 4. Attorney's Fees In the event of litigation relating to this ASA, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 5. Indemnity By Owners Owner shall indemnify, defend and hold harmless City from and against any and all claims, demands, liabilities, losses, judgments, expenses and attorney's fees resulting from the breach by Owner of any provision of this ASA, or the falsity of any representation or warranty made by Owner contained in this ASA. Entire Agreement This ASA contains the entire Agreement of the Parties hereto pertaining to the subject matter discussed herein, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. This ASA may be modified only by a writing executed by the Parties hereto. Page 3 of 13 Partial Invalidity In the event that any term, covenant, condition or provision of this ASA shall be held by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. 8. Waiver The provisions of this ASA may be waived, altered, amended or repealed, in whole or in part, only upon the written consent of all Parties to this ASA. The waiver by one party of the duty of performance by the other Party of any provision in this ASA shall not invalidate this ASA, nor shall it be considered a waiver of any rights or remedies available to the non -breaching Party of this ASA. 9. Headings The headings, subheadings and numbering of the different sections of this ASA are inserted for convenience only and shall not be considered for any purpose in construing this ASA. 10. Governing Law The rights and obligations of the parties hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 11. Successors In Interest Subject to any restrictions against assignment contained herein, and to any legal limitations on the power of the signatories to bind non -signatories to this ASA, this ASA shall inure to the benefit of, and shall be binding upon, the assigns, successors -in -interest, personal representatives, executors, estate, heirs, legatees, Agents and related entities of each of the Parties hereto. 12. Necessary Acts Each Party to this ASA agrees to perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this ASA. 13. Advice Of Counsel Each Party hereto, by its execution of this ASA, represents to every other Party that it has reviewed each term of this ASA with its counsel and hereafter no Party shall deny the validity of this ASA on the ground that the party did not have advice of counsel. Each Party to this ASA has had the opportunity to receive independent legal advice with respect to the advisability of entering Page 4 of 13 14. 15. 16. 17 into and being bound by this ASA and with respect to the meaning of California Civil Code Section 1542. Parties Have Not Transferred Riaht Or Claims The Parties hereto each represent and warrant to the other Party that they have not assigned, transferred or sublet to any third party any of the rights, claims, causes of action or items to be released or transferred which they are obligated to transfer or to release as part of this ASA. Authority To Execute This Agreement Each Party executing this ASA represents that it is authorized to execute this ASA. Each Party executing this ASA on behalf of an entity, other than an individual executing this ASA on his or her own behalf, represents that he or she is authorized to execute this ASA on behalf of said entity. Construction Each Party has cooperated in the drafting and preparation of this ASA. In any construction or interpretation to be made of this ASA, or of any of its terms, conditions and/or provisions, the same shall not be construed against any party. Notices All notices, requests, demands and other communications required or permitted to be given under this ASA shall be in writing and shall either be delivered in writing personally or be sent by telegram or by regular or certified first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the Party at its address as set forth below, or at any other address that such Party may designate by written notice to the other Party: To City: City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92702 Attention: Souri Amirani To Owner: Ernesto Navarro 421 S. Bristol Street Santa Ana, CA 92703 Page 5 of 13 18. Counterparts This ASA may be executed in counterparts, each of which shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. IN WITNESS WHEREOF, the Parties have executed this Acquisition Settlement Agreement as of the date first written above. BUSINESS OWNER(S): CITY OF SANTA ANA: For: La Pinata Market and RockVew Dairy By: kel i (i o �JCI UIJ-10 Date dd�' BY: AMA ate: *—, 2009 David N. am As: Individuals: City Manager Date: 2 - 7 0 , 2009 ATTEST: z�, 2009 Date: 0- 2009 �rues avarro ate: ,� 2009 fC•Patricia E. Healy ate: -%G) , 2009 Clerk of the Council Leticia Navarro Date: , 2009 Jaime —Navarro PROPERTY OWNER: Socorro Guerrola De Navarro Family Trust Date: -;� - alc• li`� ►till lJ,fr"),Trustee APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Date, j 2009 Jos" andoval CENej Assistant City Attorney Page 6 of 13 EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION (APN 008-232-32) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 15 AND THE SOUTH 40.13 FEET OF LOT 14 OF TRACT NO. 610, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 15 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40-FOOT HALF - WIDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 2246, PAGE 338 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH 0°38'34" EAST 85.34 FEET TO THE NORTHERLY LINE OF THE SOUTH 40.13 FEET OF SAID LOT 14; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89"07'24" EAST 16.71 FEET; THENCE SOUTH 2001'18" WEST 85.36 FEET TO SAID SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89°0604" WEST 14.65 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,338 SQUARE FEET (0,0307 ACRES), MORE OR LESS, ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN MY DIRECTION IN CONFORMANCE WITH SURVEYOR'S ACT. // r o7 RI HARD C. A ER, PL.S. 7564 DATE LICENSE EXPIRES 12-31-07 Page 7 of 13 PREPARED BY ME OR UNDER THE PROFESSIONAL LAND EXHIBITA Plat to Accompaisy Legal Description 008-232-32 EXHIBIT B LEGAL DESCRIPTION (APN 008-232-36) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOTS 16 AND 17 OF TRACT NO. 610, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 17 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40-FOOT HALF - WIDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 2266, PAGE 451 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT OF WAY AND THE EASTERLY RIGHT OF WAY CONVEYED TO THE CITY OF SANTA ANA BY DEED DATED JULY 10, 1951, NORTH 0°38'34" EAST 90.34 FEET TO THE NORTHERLY LINE OF SAID LOT 16; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89`05'04" EAST 14.65 FEET; THENCE SOUTH 2"01'18" WEST 47.89 FEET TO A LINE PARALLEL WITH AND 53.50 FEET EASTERLY, MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF SAID BRISTOL STREET; THENCE ALONG SAID PARALLEL LINE, SOUTH 0"38`34" EAST 27.46 FEET; THENCE SOUTH 44012'03` EAST 21,27 FEET TO SAID SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY RIGHT OF WAY OF MYRTLE STREET, NORTH 89"02'43" WEST 28.50 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,360 SQUARE FEET (0.0312 ACRES), MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. nno:l RICHARD C. HER, P.L.S. 7564 DATELICENSE EXPIRES 12.3"7 Page 1 of 1 Page 9 of 13 EXHIBIT B Plat to Accompany Legal Description 008.232.36 EXHIBIT "C" EASEMENT DEED For Acquisition Settlement Agreement R-lcnttcorded please umil tllis IILSM1OIrn1 nuQ tA1 gate0l➢` h to: Cla'k air the C.... if Oh' of Sam. A. 20 chio Cana' pbz"M-36 5a." Am. C.Navi. 92'01 Freem Wg rcgvesmd by THE CITY OF SANTAAA'A PER GOV'ERINI)MW CODE SECTION 6103 CAVLL YaES) AYr➢A%MDST OivKMflNr O:sgNul: Ai.. ^uN Na➢ P3orttR S,t¢S R3:Y. ch1Xs "c"U" D.c. W'fllSEnW [F[cn:.".,ax. \V�(p5y Ntlaos V'NNA 008-'33-363? 06d'0D 421 400 S. E'iewi SWIM A. GEfoa m EASEMENT DEED FOR VALUABLE CONSIDERATION.. receipt of which is hereby acknowledged, Socono Guetrola De Navarro Family Trust Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly agonized under the Constitution and laws of the State of California, easement for public right4moy purposes for in, on, over under, and through the real properly in the City of Santa Ate, Courtly of Orange, Stela of Cnlifomia, located at 421, 4D0 S. erisiol, legally described as follows: SEE EXHBIT W - Legal Description anti EXHIBIT '8' - Graphic Depiction, Attached Hereto Socotra Guenola De Navarro Family Trust Date. 2008 Leticia Navarro. Trustee STATE OF CALTOISTIA }ss. COIIVTPOP before ao him proved so nm oalhe basin of .0,fvcwrr' a'idare r. to w, peGooin) whose namgh) Wm',Ax ibed to flu uirhin wGuammit and xlaowtedged w me tat heLslulrhey evaaoe to, son¢ w lv"befloF avthvtized capaciMin). am that b, 1.'A atheis siowlae(s) ov don iaatmtaent da, pemon(z) or the eaay aji brltalf of winch the Pawns) acted, emnEad'ha itntmnunr. 1 canffy hods PFiALTY OF PEM7,RV .4" d&e laws of am Stare of Cakfomu av, the foregoing Paragraph is tree sad caret. suzaEur SIGNATURE OF N(YARY PUBLIC prACE ocTAA1.1 A. Page 11 of 13 EXHIBIT "C" EASEMENT DEED ATTACHMENT For Acquisition Settlement Agreement EXHIBR "A^ LEGAL DESCRIPTION (APN 006-2..36) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A PORTION OF LOTS 16 AND 9 OF TRACT NO, 610, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBEOAS FOLLOWS'. BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT fT AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40.FOOT HALF - WIDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 226S. PAG9.1 OF.FFIC AL RECORDS: THENCE ALONG SAID EASTERLY RIGHT OF WAYANO THE EASTERLY MIOI-T OF WAY CONVEYED TO THE CITY OF SANTA ANA BY DEED GATED JULY 10, 1951. NORTH WIIV34' EAST 90.31 FEET TO THE NORTHERLY LINE OF SAID LOT 161 THENCE ALONG SAID NORTHERLY LINE, SOUTH 69'05'04' EAST 14 $5 FEET{ THENCE 5OUTH 2.0119' WEST 4739 FEET TO A LINE PARALLEL WTH AND M50 FEET EASTERLY. MEASURED AT RIGHT ANGLES, Or THE CENTERLINE OF SAID BR16TOL STREET,' THENCE ALONG SAID PARALLEL ONE, SOUTH 0"3S'34-EAST 27.40 FEET, THENCE SOUTH 44.1 Y03' EAST 2127 FEET TO.0 SOUTHERLY UNE{ THENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY RIGHT OF WAY OF MYRTLE STREET, NORTH W'02N3 WEW 20.90 FEET TO THE MINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF UNO CONTAINS 1,300 SQUARE FEET NI 0312 ACRES), MORE OR LEGS. ALL AS SHOWN ON EXHIBIT 'B'. ATTACHED HERETO AND MADE A PART THCREGF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WTH THE PROFESSIONAL LAND SURVEYOR'S ACT. Og RCHARUGM HER RL11 95B4 WTE LICENSE EXPIRES t2-310T fV12h�/n A N6YOa Pe9e 1 011 Page 12 of 13 EXHIBIT "C" EASEMENT DEED ATTACHMENT For Acquisition Settlement Agreement EXHIBIT "A" LEGAL DESCRIPTION (APN 00&232-32) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA. COUNTY OF ORANGE, BTATE OF CALIFORNIA BEING A PORTION OF LOT 15 AND THE SOUTH 40,13 FEET OF LOT 14 OF TRACT NO, 510, RECORDED IN BOOK 18, PAGE 12 OF MISCELLANEOUS MAPS. MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 15 AND THE EASTERLY RIGHT OF WAY OF BRIS70L STREET (400.FOOT HALF, WIDTHI AS CONVEYED TO THE CITY OF SANTA ANA, BY DEED RECORDED IN SMK2248, PAGE 338 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH 0'3"4' EAST 85.34 FEET TO THE NORTHERLY LINE OF THE SOUTH 4 ..13 FEET OF SAID LOT 14: THENCE ALONG SAID NORTHERLY UME, SOUTH U-07 N' EAST TO 71 FEET; THENCE SOUTH 2'OVIF WEST 85,35 FEET TO SAID SOUTHERLY LINE; THENCE ALONG MAID SOUTHERLY LINE, NORTH 89'05'04' WEST 14.65 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,336 SQUARE FEET (00307 ACRES), MOREOR LESS. ALL AS SHOWN ON EXHISF V,, ATTACHED HERETO AND MADE A PART THEREOF, THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONALLAND SURVEYOR'S ACT, LAND s /! I 07 4] RI rHARDC. A ER PLS, 114 DATE ed. 31 P z LICENSE EXPIRES 1241-W OF CAL LI!u4HI TT "B" PLAT TO Af omr-ANY LE!>A.L. 1946G•RIPTION iM e«L`-.3• 6i. 4 ox � r F-1 m ° 9u a fP. I q2/f=P 80 Sa P.O.H. to � S5 I 90 40' �1 _xa_e•oz•<3w Sr, RUM Mencfinn, ■�.�®ll au ceiuwmnux c J1'[J Y XJf OR Nlh'R HY ➢@CC!@t y E1P_WiIC Inr. o+o...)M..313! /IJ�<♦o/%/J / ,_.. _ N0. 1564 APN 008-20:2-02 Page 13 of 13 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE AWARD A PURCHASE ORDER TO NATIONAL AUTO FLEET GROUP IN THE AMOUNT OF $236,215 FOR FIVE CHEVROLET TAHOE 4X2 PPV POLICE VEHICLES (SPEC. NO. 19-135), APPROVE A CONTRACT AMENDMENT WITH LEHR AUTO ELECTRIC IN THE AMOUNT OF $75,000, AND APPROVE AN APPROPRIATION ADJUSTMENT RECOGNIZING $202,647 IN EQUITABLE SHARING FUNDS FROM THE FEDERAL DEPARTMENT OF TREASURY (NON -GENERAL FUND) /s/ Kristine Ri CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 1�1��►1�1�1:3q:7 RECOMMENDED ACTION 1. Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for five Chevrolet Tahoe police vehicles for the Santa Ana Police Department for a total amount not to exceed $236,215, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Amend the contract with Stommel Inc. dba Lehr Auto Electric to increase the contract amount by $75,000, for police vehicle conversion equipment and installation services, for a new not to exceed amount of $1,075,000, subject to non-susbtantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment recognizing $202,647 in Equitable Sharing — Treasury revenue account (No. 16714002-various) and appropriate same to Equitable Sharing expenditure account (No. 16714455-various). DISCUSSION The Santa Ana Police Department anticipates 39 police officers will complete the field training program by June 30, 2021. To accommodate these new patrol officers, the Police Department will need to increase the size of the Assigned Vehicle Program from 53 vehicles to 64. The Police Department uses Ford Police Interceptor vehicles, similar to Explorers, as the standard vehicle in 20C-1 Chevrolet Tahoe Police Vehicle Purchase, Contract Amendment, and Appropriation Adjustment June 16, 2020 Page 2 Field Operations. Under normal circumstances, Ford has a four -month lead time for the delivery of these vehicles from receipt of order. However, because of the COVID-19 pandemic, Ford temporarily closed their plant, which has further delayed production. In an effort to provide an acceptable solution, Police Department staff contacted several dealerships that provide police rated vehicles. National Auto Fleet Group has Chevrolet Tahoe police vehicles in stock available for immediate purchase. The Tahoes are pursuit -rated and will have Level 3 ballistic door panels, heavy duty, police -rated suspension, upgraded brakes and tires for police applications, high -capacity air cleaner, and a high -output alternator. The Tahoes are an acceptable complement to the Ford Police Interceptor vehicles and will be used by Patrol Sergeants in the field. Santa Ana Ordinance No. NS- 2312 authorizes the City to utilize purchase contracts from any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint Powers Alliance), awarded a contract to National Auto Fleet Group (Contract No. 12716-NAF) for procurement of Cars, Trucks, Vans, SUVs, & Other Vehicles as a result of open competitive bidding on behalf of its members, which includes government agencies. Utilizing the contract awarded to National Auto Fleet Group allows the City to make purchases through January 17, 2021, and is in accordance with the City' s existing Purchasing Guidelines. In addition, the Public Works Fleet Division is requesting to amend the contract with Stommel Inc. dba Lehr Auto Electric for police vehicle conversion equipment and installation services, adding $75,000, for a new not to exceed amount of $1,075,000. The Fleet Maintenance Division staff must outfit each of the proposed Tahoes with police -related equipment such as light bars, sirens, weapon racks, security seating, push bumpers, etc. before releasing them to the Police Department. The additional $75,000 will provide $15,000 per vehicle to complete these installations. Lastly, the appropriation adjustment will recognize and appropriate $202,647 in new unanticipated revenues received as a result of the Police Department's participation in the Department of Treasury's Asset Forfeiture Program. The goal of this program is to remove the tools of crime from criminal organizations, deprive wrongdoers of the proceeds of their crimes, recover property that may be used to compensate victims, and deter crime. One of the ancillary benefits of asset forfeiture is the potential to share federal forfeiture proceeds with cooperating state and local law enforcement agencies through equitable sharing. These funds must be used for law enforcement purposes. As a result, $202,647 will be appropriated in the Police Department's Equitable Sharing — Treasury account to fund the Tahoes and related equipment. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #1 - Community Safety, Objective #5 (provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). 20Ci-2 Chevrolet Tahoe Police Vehicle Purchase, Contract Amendment, and Appropriation Adjustment June 16, 2020 Page 3 FISCAL IMPACT Funds for the award of the contract to National Auto Fleet Group for the purchase of five Chevrolet Tahoe police vehicles are available in the following Police Department account: Fiscal Year Fund/Account Description Amount FY 2019-20 12814407 66400 Supplemental Law Enf. Account - SLESA $97,917 FY 2019-20 16714455 66400 Equitable Sharing — Treasury $138,298 Total $236,215 Funds for the contract amendment with Lehr Auto Electric are available in the following Police Department account: Fiscal Year Fund/Account I Description I Amount FY 2019-20 12814407 62300 1 Supplemental Law Enf. Account - SLESA $75,000 The appropriation adjustment will recognize $202,647 in Equitable Sharing revenue account (No. 16714002 - various) and appropriate the same to Equitable Sharing expenditure account (No. 16714455 - various) for FY 2019-20. 20C-3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE APPROPRIATION ADJUSTMENT ACCEPTING $194,720 IN 2019 DEPARTMENT OF JUSTICE OFFICE ON VIOLENCE AGAINST WOMEN GRANT FUNDS, AND MEMORANDUM OF UNDERSTANDING AMENDMENT WITH HUMAN OPTIONS, INC. (NON -GENERAL FUND) /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on Is' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve an appropriation adjustment accepting $194,720 in the Department of Justice Grants account and appropriate same in the Office on Violence Against Women Improving Criminal Justice Response expenditure account. 2. Authorize the City Manager to execute an amendment to the Memorandum of Understanding with Human Options, Inc. to update the Department of Justice grant amount and to clarify the role of the Santa Ana Police Department, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Justice Office on Violence Against Women solicited grant applications for the Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking grant program, which implements certain provisions of the Federal Violence Against Women Act. The program enhances victim safety and offender accountability in cases of sexual assault, domestic violence, dating violence, and stalking by encouraging jurisdictions to implement pro -arrest policies as an effective intervention that is part of coordinated community response. An integral component of the Improving Criminal Justice Responses program is the creation and enhancement of collaborative partnerships between criminal justice agencies, victim services providers, and community organizations, which respond to sexual assault, domestic violence, dating violence and stalking. In response to this available funding, Human Options and Santa Ana Police Department entered into a memorandum of understanding, which was a requirement of the grant application. Human Options submitted the grant application to the United States Department of Justice Office on Violence Against Women and was awarded $500,000. The memorandum of understanding designated Human Options, Inc. as the lead agency for this program, and names the Santa Ana Police Department as the criminal justice agency partner to investigate domestic violence cases. The Santa Ana Police Department was awarded $194,720 for their partnership efforts. The amount Appropriation Adjustment; Amendment to Agreement with Human Options, Inc. June 16, 2020 Page 2 awarded to the Santa Ana Police Department is $4,720 higher than previously anticipated. The Santa Ana Police Department wishes to amend the MOU to update the award amount and to further clarify the Santa Ana Police Department's roles and responsibilities in the project. In collaboration with Human Options, Inc., the Santa Ana Police Department will use this award to assist with the implementation of the collaborative's project, specifically by providing funds for police officer overtime and training. Special Crimes/Domestic Violence detectives and police officers from the Santa Ana Police Department will investigate domestic violence cases, update cases in the Police Department's Report Management System, and assist with the mobile domestic violence response team composed of a Human Options domestic violence advocate and a Santa Ana Special Crimes detective or police officer. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 - Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing and reducing criminal activity and traffic collisions). FISCAL IMPACT The appropriation adjustment will recognize $194,720 in the Department of Justice Grants revenue account (no. 12714002 52001) and appropriate same in the Office on Violence Against Women Improving Criminal Justice Response expenditure account (no. 12714406-various) for the following fiscal years: Fiscal Year Fund/Account Description Amount FY 2019-20 12714406-Various OVW-ImprovingCriminal Justice Response $25,000 FY 2020-21 12714406-Various OVW-ImprovingCriminal Justice Response $81,465 FY 2021-22 12714406-Various OVW-ImprovingCriminal Justice Response $81,465 FY 2022-23 12714406-Various OVW-ImprovingCriminal Justice Response $6,790 Total $194,720 Exhibit: 1. Memorandum of Understanding Amendment 20D-2 Exhibit 1 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH HUMAN OPTIONS THIS FIRST AMENDMENT to the above -referenced Memorandum of Understanding is entered into on June 16, 2020, by and between Human Options, Inc., a California non-profit corporation ("Human Options"), 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. In 2019, the parties entered into a Memorandum of Understanding, filed as Agreement No. N-2019-040 ("MOU"), by which the parties consulted and coordinated in a meaningful way and intend to work together as partners to develop and deliver integrated services to strengthen legal advocacy and other victim services for victims of domestic violence, dating violence, sexual assault, and stalking, including strengthening assistance to such victims in immigration matters. The MOU is current and in effect. The term coincides with the grant period from October 1, 2019 through September 30, 2022. B. In furtherance of the MOU, Human Options submitted to the Office on Violence Against Women an application for the 2019 Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program. This application was awarded another three-year grant in the amount of $500,000, for the period from October 1, 2019 through September 30, 2022. C. The parties seek to amend selected portions of the MOU by removing prior language which will only affect those corresponding and selected paragraphs, bullet points, and/or sentences only. The parties agree to replace those corresponding sections with new and revised text provided below. Any other terms, paragraphs, bullet points, and/or sentences, not cited for amendment will remain as provided in the 2019 MOU. The Parties therefore agree to amend the following: 1. Section 2, Roles and Responsibilities: Amend corresponding language with the following: As the lead agency, Human Options, Inc. will receive compensation from this Grant over the three-year grant period in the amount of $305,280 and commit to the following roles and responsibilities to ensure the success of the project: Amend corresponding language with the following: As a collaborating, funded agency, the City of Santa Ana will receive compensation from this grant up to $194,720 over the three-year grant period (based on timely billing and spend -down). Funds not expended by the City of Santa Ana will be re -allocated to the project based on project need. The City of Santa Ana commits to the following roles and responsibilities to ensure the success of this project: 20 D-3 Page t of 2 Assign one Domestic Violence Corporal or Sergeant to serve on the project oversight team, attend project oversight meetings, attend required OV W trainings and project orientation, work collaboratively to address obstacles preventing victim access to the criminal justice system, investigate domestic violence cases, supervise the police officers, corporals, and detectives assigned to the DV Car, and participate in data collection and progress reporting as required by OV W (no designated FTE. Will utilize overtime funds for meetings). Add the following bullet point: Assign SAPD police officers, corporals, and detectives to conduct follow-up domestic violence investigations on an overtime basis. 3. Except as modi red by this First Amendment, all terms and conditions of the MOU 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 DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By T�ZOGOSIAN Assistant City Attorney RECOMMENDED FOR APPROVAL DAVID VALENTIN Chief of Police CITY OF SANTA ANA KRISTINE RIDGE City Manager HUMAN OPTIONS, INC. Maricela Rios -Faust Chief Executive Officer Page 2 of 2 20D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE CLERK OF COUNCIL USE ONLY: APPROVED APPROVE A PURCHASE ORDER FOR ❑ As Recommended MCCAIN, INC. IN AN AMOUNT NOT TO El ❑ Amended OOrrdinance on 111 Reading EXCEED $73,823 FOR TRAFFIC SIGNAL ❑ Ordinance on 2n° Reading CONTROLLER CABINETS ❑ Implementing Resolution (SPEC. NO. 20-069) ❑ Set Public Hearing For (NON -GENERAL FUND) CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to McCain, Inc., for the purchase of nine traffic signal controller cabinets, in an amount not to exceed $73,823, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana currently maintains and operates 303 traffic signals, many of which have aging steel cabinets with outdated components. Additionally, the controller cabinets are damaged by weather, rust, electrical surges, traffic collisions and frequently malfunction. Once the computer controllers are compromised, they must be replaced immediately to minimize delay and traffic congestion impacts to the public. To expedite cabinet replacement, the City will purchase nine aluminum traffic controller cabinets that meet current Caltrans standards. These cabinets will be provided to the traffic signal maintenance contractor as needed for authorized replacements or installations. The notice inviting bids was advertised on May 4, 2020, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 375 Vendors notified 7 Santa Ana vendors notified 13 Vendors downloaded bid documents 3 Bids received 22A-1 Authorize Purchase Order for Traffic Controller Cabinets June 16, 2020 Page 2 Three bids were received, opened on May 19, 2020, and evaluated. Bid results are as follows: Bidder Location Amount Cubic ITS, Inc. Su ar Land, TX $ 120,428.46 Econolite Control Products, Inc. Anaheim, CA $ 78,964.81 McCain, Inc. Vista, CA $ 73,822.41 The bid received from McCain, Inc., was lowest, responsive to the specifications, and met the City's requirements. Outreach Efforts The Purchasing Division advertised this project on the City's online bid management and publication system, which directly notified seven Santa Ana vendors. None of the Santa Ana vendors submitted a bid packet for consideration. 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 are budgeted and available for expenditure in the account specified below: Fiscal Accounting Fund Description Accounting Unit, Amount Year Unit -Account # Account Description Traffic Signal $73,823 2019-20 02917620-62300 Special Gas Tax Maintenance, Contract Services -Professional TOTAL: $73,823 NS/EWG/CR 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE: AWARD A PURCHASE ORDER IN THE AMOUNT OF $31,690 TO FAIRWAY FORD SALES, INC. FOR ONE FORD SUPER DUTY F250 HD TRUCK (SPECIFICATION NO. 20-072) (NON -GENERAL FUND) /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: F-ITUNTIETSAW91 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For rK•�►nutn�.ic. FILE NUMBER RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Fairway Ford Sales, Inc., for one Ford Super Duty F250 HD Truck in the amount of $31,690, plus a contingency of $5,000, for a total amount not to exceed $36,690, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency, Fleet Services Division (Fleet Division) is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Public Works Agency, Maintenance Services Division is in need of one full-size truck to add to the existing fleet of work vehicles. These vehicles are utilized daily to move heavy equipment, tree trunks, debris and rubbish removal. More recently, the vehicles have been crucial in responding to homeless -related request for services to locations with challenging terrain. In addition, the vehicles are vital when responding to the numerous service requests from the public and when deployed as part of the City's response to storm and/or related flooding. Due to their heavy use and age, over time the trucks become unreliable, constantly break down, and require costly repairs. The Notice Inviting Bids was advertised on April 29, 2020, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 357 Vendors were notified 6 Santa Ana vendors were notified 9 Vendors downloaded the bid packet 3 Bids received 0 Bids received from Santa Ana vendors Three bids were received and opened on May 13, 2020, and evaluated. The results are as follows: 22B-1 Award Purchase Order for Ford Super Duty F250 HD Truck June 16, 2020 Page 2 Vendor Location Amount Fairway Ford Sales, Inc. Placentia, CA $31,689.07 Penske Chevrolet Cerritos, CA $35,946.54 Transwest Truck Center LLC Fontana, CA $36,627.24 The bid submitted from Fairway Ford Sales, Inc., is responsive to the specifications and meets the City's requirements. Santa Ana vendors/dealerships were contacted regarding why bids were not submitted. The City has not received a response. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 - Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $36,690 are available for expenditure in FY 2019-20 as follows: Fiscal Year Accounting Unit- Fund Description Accounting Unit, Account Amount Account # Description Public Works- FY 2019-20 06817640-66400 Sanitation Fund Environmental Sanitation, $36,690 Machinery & Equipment Total: $36,690 NS/TC/GPL 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE: AWARD BLANKET ORDER CONTRACTS TO ACME SUPPLY CO. LTD., AMERICAN TEXTILE SYSTEMS, AND VICTORY SUPPLY LLC FOR INMATE SUPPLIES IN AN ANNUAL AGGREGATE AMOUNT OF $90,000, AND A TOTAL NOT TO EXCEED AMOUNT OF $450,000 OVER THE FIVE- YEAR PERIOD (SPECIFICATION NO. 20-016) (GENERAL FUND) /s/ Kristine CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award blanket order contracts for inmate supplies for a three-year period beginning July 1, 2020, and expiring June 30, 2023, with provisions for two one-year renewal options exercisable by the City Manager, in an annual aggregate amount of $90,000, and a total not to exceed amount of $450,000 over the five-year period, subject to non -substantive changes approved by the City Manager and City Attorney, to the following vendors: Vendor Categories Acme Supply Co., Inc., LTD Uniforms American Textile Systems Linens Victory Supply LLC Undergarments, Shoes, and Personal Care Items DISCUSSION The City of Santa Ana maintains a 502-bed jail facility which provides short-term and long-term contracted housing for inmates. Many inmates are housed by the Santa Ana Jail during arraignment and hearing processes. State of California Title 15 provides standard local detention facility guidelines, which mandate that all inmates be supplied with a clean shirt, pants, undergarments, shoes, linens, and basic necessary hygiene items. Upon intake, inmates are provided two full sets of clothing, including undergarments and one set of shoes. Personal care items and linens such as towels, bed sheets, body soap, toothbrush, toothpaste, shampoo, and deodorant are also issued. The contract is designed to facilitate daily operations by providing clothes, shoes, personal care items on an as -needed basis at a significant cost savings based on quantity pricing. 22C-1 Award Blanket Order Contracts for Inmate Supplies June 16, 2020 Page 2 An Invitation for Bids for inmate supplies, materials, was advertised on February 11, 2020, on the City's online bid and management publication system. A summary of the Invitation for Bids and bids received is as follows: 384 Vendors notified 2 Santa Ana vendors notified 24 Vendors downloaded the bid packet 11 Bids received 0 Bids received from a Santa Ana vendors The bids were received and opened on March 9, 2020, and evaluated (Exhibit 1). Eight bids were determined to be responsive. The bids received from Acme Supply Co. LTD., American Textile Systems, and Victory Supply LLC were the lowest responsive to specifications, and met the City's requirements. The aggregate annual amount of $90,000 is based on staff's projection for the upcoming annual expenditures. The total blanket order contracts amount over a five-year period will not exceed $450,000. Awarding three bidders in this aggregate amount provides the Jail with availability to a wider selection of inmate supplies at the most advantageous cost. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #1 - Community Safety, Objective #4 (ensure a sound fiscal model forjail operations through coordinated efforts with personnel from the City Manager's Office, Police Department, City Attorney's Office, Finance, and Personnel). FISCAL IMPACT Funding for the initial three-year term and two subsequent one-year renewal periods will be budgeted and made available in the accounts specified below: Fiscal Year Accounting Unit - Account# Accounting Unit, Account Description Amount FY 2020-21 01114475 63001 Jail Operations — Misc. Supplies $90,000 FY 2021-22 01114475 63001 Jail Operations— Misc. Supplies $90,000 FY 2022-23 01114475 63001 Jail Operations — Misc. Supplies $90,000 FY 2023-24 01114475 63001 Jail Operations — Misc. Supplies $90,000 FY 2024-25 01114475 63001 Jail Operations — Misc. Supplies $90,000 Total $450,000 KL 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended INCREASE AGGREGATE AMOUNT ElAmended ❑ OOrrdinance on 1s' Reading WITH HCI SYSTEMS, INC. BY $39,320, FOR ❑ Ordinance on 2nd Reading AN ANNUAL AMOUNT NOT TO EXCEED ❑ Implementing Resolution $64,320 FOR FIRE ALARM TESTING AND ❑ Set Public Hearing For_ INSPECTION AT THE JAIL (SPECIFICATION NO. 20-086) (GENERAL FUND) CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Increase the aggregate purchasing amount with HCI Systems, Inc. by $39,320, for an annual amount not to exceed $64,320, for a one-time payment of purchase order for fire alarm testing and inspection at the Police Department, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Police Department and Jail Holding facilities contains fire and life safety systems to protect individuals from fire emergencies, in accordance with Orange County Fire Authority and NFPA standards. The systems require routine inspections and testing to ensure optimum readiness since the facilities are 24/7 operations and house detainees. The inspections and testing exercises are conducted semi-annually. The equipment inspected consists of a fire pump, fire hydrants, fire connections points, post indicator valves (PIV), pull stations, tamper alarms, main alarm panels, smoke detectors, duct detectors, fire risers, fire hoses, fire sprinklers, fire phones, fire doors, audible and visual devices and water flows. Each visit is quite complex, typically involving five to six inspectors over a three-day period. Quotes were solicited through the purchasing process and the lowest quote was selected as a reliable vendor. The $39,320 requested includes $18,475 for testing, $6,525 for corrections after testing, $4,320 be included for an annual sprinkler inspection completed in November 2019, and a $10,000 contingency for unanticipated work to the fire systems. The current aggregate amount of $25,000 combined with the requested amount for $39,320 is over the City Manager's $50,000 signing limit, and therefore requires City Council approval. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Goal # 1 - Community Safety, Objective # 5 (provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). 22D-1 Contract Amendment with HCI Systems, Inc. June 16, 2020 Page 2 FISCAL IMPACT Funds in the amount of $39,320 are available and will be budgeted in future fiscal years as follows: Fiscal Year Accounting Unit - Account# Accounting Unit, Account Description Amount FY 2019-20 01114403 62300 Building and Facility — Contract Services $9,320 FY 2020-21 01114403 62300 Building and Facility — Contract Services $30,000 Total $39,320 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE: APPROVE A PURCHASE ORDER TO SOUTH COAST LIGHTING & DESIGN IN THE AMOUNT OF $133,427 FOR STREETLIGHT POLE PURCHASE (SPECIFICATION NO. 20-079) (GENERAL FUND) /s/ Kristine Ri CITY MANAGER CLERK OF COUNCIL USE ONLY: :••e• s ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to South Coast Lighting & Design for eighteen streetlight poles in an amount not to exceed $133,427, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency Streetlight Maintenance Program oversees the design, review, maintenance and construction of street lighting systems to improve traffic and pedestrian safety, reduce maintenance costs, and discourage criminal activity. To ensure sufficient inventory is available should a pole need to be replaced, streetlights are stocked and stored at the City Yard. This allows for a prompt response time when addressing unexpected damage due to vehicle collisions. The Notice Inviting Bids was advertised on May 19, 2020, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 111 Vendors were notified 5 Santa Ana vendors were notified 26 Vendors downloaded the bid packet 8 Bids received 1 Bid received from Santa Ana vendors Eight bids were received and opened on June 3, 2020, and evaluated (Exhibit 1). The bid submitted from South Coast Lighting & Design from San Clemente, California is the lowest, responsive to the specifications and meets the City's requirements. 22E-1 Award Purchase Order for Streetlight Poles June 16, 2020 Page 2 Local Vendor Preference For bid evaluation purposes, qualified bidders may receive either a 7% preference for "small" Santa Ana businesses, or a 4% preference for "small" Orange County businesses, which is given respectively on all qualifying bids for materials, supplies, labor, equipment or services, pursuant to the Small Local Business Preference Program under Ordinance NS-2828. Small Local Business Preference eligibility requirements are available on the City's website at www.santa- ana.org/finance/local preference program.asp. Vendors located within the City of Santa Ana limits that do not qualify for the small local business preference program may receive a 1 % local vendor preference when evaluating their total bid. Even after taking into account the 7% local preference for the bid received from a Santa Ana vendor, the South Coast Lighting & Design bid was $31,114 lower (Exhibit 1), and as such, staff recommends authorizing a one-time purchase and payment of purchase order to South Coast Lighting & Design. Although it is well outside the Finance and Management Services Agency's typical process, the City Council may opt to award the purchase to a higher bidder. Outreach Efforts The Purchasing Division advertised this project on the City's online bid management and publication system, which directly notified five Santa Ana vendors, of which one submitted a bid packet for consideration. 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). FISCAL IMPACT Funds in the amount of $133,427 are available for expenditure in FY 2019-20 as follows: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount Public Works — Street Light FY 2019-20 01117630-66220 General Fund Maintenance, $133,427 Improvements Other Than Building Total: $133,427 22E-2 ABSTRACT OF BIDS STREELIG HT (20-079) South Coast Lighting & Design San Clemente, CA West -Cite Supply Co. Cerritos, CA American Electric Supply Corona, CA Graybar Diamond Bar, CA Deccri ion UOM QTY Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Double MM Streetlight EA 18 $6,785.00 $122,130.00 $7,957.35 $143,23220 $8,124.00 $146,232.00 $8,296.81 $149,342,58 Sales Tax 9.25% $11,297.02 $13,248.99 $13,52646 $13,814.19 7%Small Santa Ana Vendor Preference N/A N/A N/A N/A ma range o Vendor Preference N/A N/A N/A N/A Bid Base Total $133,427.02 $156,481.29 $159,758.46 $163,t56.77 Curley Wholesale Electric Santa Ana CA CAL -DUCT, INC Bloomin lion, CA LOTUS USA, INC Los Angeles CA Lighting Technology, Inc Redill ds CA Deccri ion UOM CITY Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Double King Streetlight EA 18 $8,997.00 $161,946,00 $8,478.00 $152SO4.00 $9,345.00 $168,210.00 $18,743.14 $337,376.52 Sales Tax 9.25% $14,980.00 $14,115.87 $15,559.38 $31,207.33 7%Small Santa Ana Vendor Preference 412,384.82 N/A N/A N/A 4% Small Orange Cc Vendor Preference N/Al N/A N/A N/A Bid Base Totall 1 1 $164 541.18 1$166,719.871 1 $183,769.381 1 $368,583.85 22E-3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE APPROVE FOURTH AMENDMENT TO AGREEMENT WITH NEC CORPORATION OF AMERICA, INC. FOR TELEPHONE SYSTEM MAINTENANCE IN AN AMOUNT NOT TO EXCEED $79,497 (NON -GENERAL FUND) /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sf Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO 1�1��►1�1�1:3q:7 RECOMMENDED ACTION Authorize the City Manager to execute a fourth amendment with NEC Corporation of America, Inc. to provide maintenance and support services for the City's telephone system for a six-month period, from July 1, 2020 through December 31, 2020, for an amount not to exceed $79,497, which is composed of the sum of $72,270 for on -site labor and support services and a 10% contingency of $7,227, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 6, 2018, the City Council approved an agreement to migrate the City from its legacy phone system to a new, modern Voice over Internet Protocol (VoIP) phone system in every city facility. It was expected to take approximately two -years to complete the migration to all departments and facilities to the new system. To continue supporting the existing system during the conversion, on June 5, 2018 the City Council approved an agreement with NEC Corporation of America, the vendor of the existing system to provide continued support for a two-year period, ending June 30, 2020. The City has made considerable progress with the phased project to fully implement the new phone system and has converted all departments, with the exception of the Police Department. The Police department's headquarters, including the jail facility, consists of 655 phones and was scheduled to begin implementation in February 2020. Due to the COVID-19 pandemic, the project was put on hold while staff was redeployed to other priorities or were required to stay at home. The project is expected to pick back up now that staff is returning to work. In order to ensure a safe migration and the continued proper support of this critical system for the Police Department, staff recommends an extension of the reduced maintenance services with NEC Corporation of America, Inc. until the migration is complete. NEC telephone maintenance and 25A-1 Fourth Amendment to Agreement for Telephone System Maintenance June 16, 2020 Page 2 services include the following: on -site dedicated service technician to perform repairs, moves, additions, and changes; 24-hour system monitoring and service response; replacement of defective telephone system equipment; providing engineering support; and providing new telephone equipment NEC Corporation of America, Inc. has provided excellent maintenance and service during the term of its agreement with the City. Staff recommends extending the current agreement for a six-month period beginning July 1, 2020, to ensure continued operation of the City's telephone system. This will be the fourth amendment to the agreement. This new agreement reflects an increase of $9,770 from the previous semi-annual rate due to price increases since the last agreement was enacted two years ago. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 - Team Santa Ana, Objective #2 (establish communications plans to engage and inform employees and the community about City Activities), Strategy D (Invest in software/resources that will help streamline the flow of information to City staff and the public). FISCAL IMPACT Funds in the amount of $79,497 are budgeted and available in the FY20-21 Information Technology Network and Telecommunications account for contractual services (account no. 10920140-62300). Exhibit: 1. Fourth Amendment to Agreement 25A-2 DocuSign Envelope ID: 2EDD2309-1 DAA-4C93-8A68-0AF9531 C061`3 FOURTH AMENDMENT TO AGREEMENT WITH NEC CORPORATION OF AMERICA, INC. THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on June 16, 2020, by and between NEC Corporation of America, Inc. ("Vendor"), 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-2011-164, effective July 1, 2011 ("Agreement"), by which Vendor agreed to provide telephone system maintenance and equipment for the City's telecommunications systems. The term of the Agreement was for three years, from July 1, 2011 through June 30, 2014, with three additional one-year options exercisable by the City. B. The parties executed First Amendment No. A-2014-162 to exercise the first option and extend the term of the Agreement for an additional one-year period, from July 1, 2014 through June 30, 2015. C. The parties executed Exercise of Second Option No. A-2011-164-01, to extend the term of the Agreement for a second additional one-year period through June 30, 2016. D. By letter No. A-2011-164-02, dated June 1, 2016, the parties extended the term of the Agreement for a final one year period through June 30, 2017. E. The parties executed Second Amendment No. A-2017-138 dated June 6, 2017, by which the term was further extended to June 30, 2018, the scope of services was amended, and the amount to be expended under the Agreement was increased. F. The parties executed Third Amendment No. A-2018-145 dated June 5, 2018, by which the term was further extended to June 30, 2019, the scope of services was amended, and the amount to be expended under the Agreement was increased. G. By letter No. A-2011-164-03, dated May 16, 2019, the parties extended the term of the Agreement for an additional one-year period through June 30, 2020. H. The parties now wish to again extend the term of the Agreement, amend the scope of services, and to adjust the amount to be expended under the Agreement. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to read in its entirety: Vendor shall provide on -site labor and support services under the same terms and conditions of the original Agreement in the amount of 32 hours per week, (Monday through Thursday, 8 a.m. through 5 p.m., excluding Fridays). City reserves the right to unilaterally reduce or eliminate services on 30 days' written notice, Page 1 of 3 25A-3 DocuSign Envelope ID: 2EDD2309-1 DAA-4C93-8A68-OAF9531 C061`3 provided that if City reduces the number of weekly hours below 24, services shall be provided on an as -needed, time and billing basis. Any reduction or elimination of services by City shall result in a proportionate reduction of the payment to the Vendor. Vendor shall be required to provide credit for any sick days only in excess of five (5) days during this extended term. In the event of an annual holiday by Vendor, emergency call -out service shall be provided. Hardware replacement shall not be included, but hardware may be purchased from Vendor on an as -available basis. 2. Section 2, Term, is amended to extend the Agreement for an additional six-month period beginning July 1, 2020, and ending December 31, 2020. 3. Section 3, Compensation, is amended to include, for the additional six-month period, an additional $79,497 for on -site labor and support services to be performed by the Vendor. This sum is comprised of (1) the base fee of $72,270 and (2) a 10% contingency of $7,227. For any services provided on a time and billing basis, the cost shall be $105 per hour, with a trip charge of $75. 4. Except as modified by this Fourth Amendment, and all prior Amendments and extensions, all terms and conditions of the Agreement shall remain in full force and effect. {Signatures on following page} Page 2 of 3 25A-4 DocuSign Envelope ID: 2EDD2309-1 DAA-4C93-8A68-OAF9531 C061`3 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: QIVL— RY-11 O. ODGE AssisYant ity Attorney I: 11/1/1 UI 1 I":I JACK CIULLA Chief Technology Innovations Officer CITY OF SANTA ANA KRISTINE RIDGE City Manager NEC CORPORATION OF AMERICA, INC. IN OocuSigned by: Lt, vwn nu u( 4MEA 6043D646E Name: rvn Ke ve=J cep Title: Director of Operations Pace 3 of 3 25A-5 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE APPROVE AN AGREEMENT WITH MEALS ON WHEELS ORANGE COUNTY FOR SENIOR MEALS PROGRAMS IN AN AMOUNT NOT TO EXCEED $90,290 FOR THE PERIOD JULY 1, 2020 TO JUNE 30, 2021 (GENERAL FUND) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2otl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Meals on Wheels Orange County for Senior Meals Programs in an amount not to exceed $90,290 for the term beginning July 1, 2020 through June 30, 2021, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Meals on Wheels (MOW) Orange County provides the Home Delivered Meals and Senior Lunch programs to the City of Santa Ana. MOW prepares and delivers three meals daily directly to the homes of homebound, frail, and socially isolated seniors in the City. A registered dietician plans the meals to assure 100% of the U. S. Nutritional Recommended Daily Allowance —consisting of breakfast, a cold lunch, and a frozen dinner. In addition to meals, clients benefit from daily contact with delivery staff as well as the calls and/or visits from caseworkers who regularly check on their well-being. The Senior Lunch Program helps alleviate poor nutrition among the elderly population, especially prevalent among those who live alone and/or on a limited income. This nutrition program is available at two sites in Santa Ana (Santa Ana Senior Center and Southwest Senior Center) and seeks to enhance the physical and mental well-being of the elderly population by: • Encouraging a sense of dignity; • Providing stimulating activities and volunteer opportunities; and • Augmenting participants' financial resources by providing donation -based meals. In response to the COVID-19 epidemic, MOW is offering an alternative for seniors to get their meals through the Take Home Meals (Frozen) Program, which occurs at the Santa Ana Senior Center and Southwest Senior Center. The implementation of the program is to protect the health and safety of all participants while taking all necessary and deliberative steps to assure continuity and avoid the disruption of nutritional services. 25B-1 Agreement with Meals On Wheels Orange County for Senior Meals Programs June 16, 2020 Page 2 As part of the Fiscal Year 2020-21 budget process, $90,290 in General Fund monies was proposed to be included in the Parks, Recreation and Community Services Agency's budget to provide these programs to Santa Ana seniors. In addition, the Community Development Agency previously awarded Meals on Wheels $60,000 in Community Development Block Grant funds for these programs, beginning July 1, 2020 as well as $113,780 in Community Development Block Grant Coronavirus Funds for food distribution to seniors and/or residents starting June 1, 2020. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health and wellness of all residents), Strategy E (expand Senior Center programming to provide greater enrichment and explore activities in art, culture and health). FISCAL IMPACT Funds will be budgeted and made available in the following account for the specified year: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account Description Description FY 20-21 01113230- General Fund PRCSA-Recreation & Comm. $90,290 62300 Svc, Contractual Services -Professional Exhibit: 1. Agreement 25B-2 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MEALS ON WHEELS ORANGE COUNTY FOR A SENIOR MEALS PROGRAMS THIS AGREEMENT is made and entered into on this 16th day of June, 2019 by and between Meals on Wheels Orange County, a California nonprofit corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain Contractor to participate in delivering meals to homebound senior residents and providing meals for senior residents at City senior centers. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall deliver once a day, two meals to City senior residents at City Senior Centers ("Congregate Lunch Program"). Contractor shall also deliver once a day, three meals to the homes of City senior residents that are homebound ("Home Delivered Meal Program"). All participants in the program will be enrolled through the City of Santa Ana Parks, Recreation and Community Services Agency. Programs shall operate as outlined in the attached Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $90,290. 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 which may reasonably be expected by City. 2513-3 3. TERM This Agreement shall commence on July 1, 2020 and terminate on June 30, 2021, unless terminated earlier in accordance with Section 15, below. The parties agree that certain specified sections of this Agreement will survive termination or expiration of the Agreement. 4. INDEPENDENT CONTRACTOR Contractor and its employees, agents and officers shall, during the entire term of this Agreement, be construed to be independent contractors and not employees 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. Contractor is not an agent, representative, or employee of the City and Contractor shall have no authority to act on behalf of the City. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance 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 $2,000,000 per occurrence, with $3,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to 25b-4 commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. (v) To the extent that Contractor has insurance coverage in excess of that set forth in this Agreement, City shall be entitled to coverage to the full extent of Contractor's insurance coverage in place during the term of this Agreement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 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 256-5 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. This indemnification provision shall survive expiration or termination of this Agreement. 7. 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. This records provision shall survive expiration or termination of this Agreement. S. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. This confidentiality provision shall survive expiration or termination of this Agreement. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. r 10. FINGERPRINTS AND BACKGROUND CHECK Contractor, and any employees, subcontractors, or volunteers, shall arrange for and submit their fingerprints for a criminal background check through the Department of Justice through the City's Human Resources Department process. Contractor shall be responsible for all charges associated with fingerprinting. Contractor, its employees and subcontractors, shall not perform any services pursuant to this Agreement until clearance is received and Contractor is notified by the City's Parks, Recreation and Community Services Department. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With copy to: Executive Director Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Meals on Wheels Orange County 1200 N. Knoll wood Circle Anaheim, CA 92801 Fax (714) 220-1374 Attn: Holly Hagler, President & CEO 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. 259-7 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, it may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 14. 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. 15. TERNIINATION This Agreement may be terminated by the City upon fifteen (15) 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 the effective date of termination. 16. NON-DISCRINIINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. P 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. This jurisdiction provision will survive expiration or termination of this Agreement. 18. LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. COMPLIANCE WITH LAWS Contractor shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Contractor shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Contractor to comply with this Section. 20. 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. 21. EXHIBITS All Exhibits referenced herein and/ or attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 22. 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 by the provisions of this Agreement. 25b-9 23. COUNTERPARTS This Agreement may be executed by the parties hereto in separate counterparts, each of which when executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of a number of copies hereof each signed by less than all, but together signed by all of the parties hereto. 24. ELECTRONIC SIGNATURES This Agreement and counterparts of this Agreement may be executed and delivered by facsimile or other electronic means by any of the parties to this Agreement. The facsimile, email, or other electronically delivered signatures of the parties shall be deemed to constitute original signatures. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL Lisa Rudloff Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR Holly Hagle President & CEO 2513-10 EXHIBIT A 25B-11 EXHIBIT 7 City of Santa Ana Scope of Work Name of Organization Meals on Wheels Orange County Name of Funded Program Home Delivered and Lunch Cafe Programs Annual Accomplishment Goal I. Total number of unduplicated Participants (Santa Ana and Non -Santa Ana participants) anticipated to be served by the funded program, named above, during the 12-month contract period. 8,500 Participants II. Number of ONLY unduplicated Santa Ana Participants to be served by the funded program, named above, during the 12-month contract period. 750 Participants Program and Funding Description III. Description of Work For Fiscal Year 20-21, Santa Ana discretionary funds in the amount of $90,290 will be utilized to help fund the raw food costs of home delivered and Lunch Cafe/Grab & Go meals to Santa Ana older adult participants from July 1, 2020-June 30, 2021. Home Delivered Meal Program: Participants in the HDM Program will receive a total of 3 nutritious meals, 5 days a week delivered to their home along with case management services. Meals will be delivered by paid and volunteer drivers. Eligibility and case management services will be provided by Meals on Wheels Orange County Case Managers. Participants will also have access to other services at no charge including in -home services, respite services, home safety equipment, and other resources. Lunch Cafe (Grab & Go) Program: Participants in this Program will be provided with nutritional lunches at 2 sites in Santa Ana - Southwest Senior Center and Santa Ana Senior Center. Schedule of Performance Estimate the number of ONLY unduplicated Santa Ana participants to be served by the funded program during the 12- month contract period per quarter. (Enter number of new Santa Ana Participants served each quarter. If they were served in quarter 1 do not count them again in quarter 2) Quarter 1: July 1- September 30 1 4501 Participants Quarter 2: October 1- December 31 1 1501 Participants Quarter 3: January 1 - March 31 100 Participants Quarter 4: April 1-June 30 50 Participants Schedule of Invoicing Estimate the amount of grant funds to be requested Quarter 1: July 1- September 30 Quarter 2: October 1- December 31 Quarter 3: January 1- March 31 Quarter 4: April 1-June 30 unduplicated Santa Ana Participants to be served. the 12-month contract period on a quarterly basis. Grant • i MEALS iirll on WHEELS ORANGE COUNTY Elder Abuse Reporting Procedures All Meals on Wheels Orange County employees, volunteers, interns and other support staff are mandated reporters for Elder and Dependent Adult abuse. If abuse is identified or suspected, the following procedures should be followed: Consult with your supervisor if you need assistance with any of the steps involved in reporting. Step 1: A verbal report needs to be made as soon as possible by telephone to: Orange County Adult Protective Services (APS) 800-451-5155 (24-Hour Hotline) Or If it is an emergency situation, dial 911 or the local police department. Step 2: Complete state form SOC 341 form, Report of Suspected Dependent Adult Abuse, and mail or fax within 2 working days to: FAX: 714-704-6161 Social Services Agency/APS P.O. Box 22006 Santa Ana, CA 92702-2006 Step 3: Submit a copy of the written report to the Social Services Manager. For Home Delivered Meal clients, also include a copy of the written report in the client file. Step 4: Social Services Manager to determine if other affected parties (e.g. volunteer department, meal delivery drivers, etc.) need to be notified if there is a potential safety issue. Step 5: Follow-up with the client within 2 weeks after APS referral is made to check on the status of the client. Additional Information Attached find additional information on Identifying and Reporting Elder Abuse and the state form SOC 341, Report of Suspected Dependent Adult Abuse. Rev.3/20 25B-13 Identifying and Reporting Elder Abuse Orange County Adult Protective Services (APS) are directed at preventing or remedying neglect, abuse or exploitation of adults who are unable to protect their own interests because of age or disability. Population Served • Elders - age 65 or older • Dependent adults - physically, mentally, or developmentally disabled 18-64 year olds Contact Information for Reporting If you suspect that an elder or dependent adult is the victim of abuse: • In the community (e.g. in a private home setting), contact APS at 800-451-5155 (24-Hour Hotline). • In a licensed care facility (i.e. nursing home or board and care facility), contact Long - Term Care Ombudsman Service at 714-479-0107. In an emergent situation inform your local police department or dial 911. * The name of the reporting party is confidential. It is not disclosed to the victim, their family, or the alleged abuser. Type of Abuse: Physical Abuse • Beating, slapping, pushing, or kicking • Restrictions on freedom of movement, such as confining the victim in the bedroom • Overmedication • Sexual exploitation • Withholding food or Water Financial Abuse The mismanagement of money or stealing property belongs to the victim. This can include: • Theft (the act of stealing) • Extortion (taking money or property through pressure, threats or intimidation) • Fraud (taking money or property by deception or misrepresentation) Rev. 11.29.15 25B-14 Psychological Abuse Verbal harassment, threats, or other intimidating behavior that results in fear, agitation, confusion, severe depression, or other forms of serious emotional distress. Neglect Failure of a caregiver to provide basic necessities such as adequate food or water, shelter, medical treatment or personal care. Abandonment The desertion or willful forsaking of an elder or dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody. Abduction The removal from this state and the restraint from returning to this state of any elder or dependent adult who does not have the capacity to consent to this removal. Isolation Actions, which prevent an elder or dependent adult from receiving mail or telephone calls. Falsely telling callers or prospective visitors that the elder or dependent adult does not want contact, if the purpose is to prevent contact with family, friends, or concerned persons. False imprisonment. Physical restraints, which prevent an elder or dependent adult from meeting with others. Self -Neglect An elder or dependent adult is unable to manage his/her personal needs in the areas of health care, food, shelter of finances, or cannot handle the basic activities of daily living. Rev. 11.29.15 25B-15 / Affil. MEra►LS on WHEELS ORANGECOUNTY POLICIES AND PROCEDURES SUBJECT: COVID-19: SOCIAL DISTANCING FOR C1 TAKE HOME MEAL DELIVERY ORIGINAL POLICY DATE: MARCH 12, 2020 POLICY REVISION DATE: DEPARTMENT: SOCIAL SERVICES APPROVED BY: CEO DEPARTMENT DIRECTOR/MANAGER POLICY STATEMENT: Social distancing has a goal of reducing the occasions when large numbers of people come together and are potentially exposed to a virus that is circulating in our community. Social distancing serves to protect the health of vulnerable populations, and ensures that essential public services, such as nutritional programs, are taking steps to protect the public. In response to the COVID-19 epidemic, we are bolstering our preventative and social distancing measures to include the implementation of the following procedures for the C1 Take Home Meals Delivery Program. The implementation of the procedures will be made with the dual goals of protecting the health and safety of all seniors while taking all necessary and deliberative steps to assure continuity and avoid the disruption of nutritional services. 25B-16 *AV NIAIII aI MEALS on WHEELS ORANGE COUNTY Procedures for Social distancing for C1 Take Home Meal Delivery PROCEDURE: 1. Participants must meet the eligibility requirements for Congregate Meals as indicated in the Lunch Caf6 Program Eligibility and Contribution Policy. All eligible individuals will be given the opportunity to make a voluntary contribution for Caf6 Take Home Meals. Appropriate staff make assist in completing the Title III C-1 intake process over the telephone prior to delivery. 2. All food safety rules in handling and packing the meal must be followed. Frozen meals will be held at proper temperature at the site. Meals should be packed in an insulated container to retain temperature. Participants will be encouraged to transport the meal in an ice chest or insulated bag. Upon registration for the program, staff will verify the client has a working refrigerator/freezer and microwave to ensure the client is able to meet food safety rules for handling the meals. Heating instructions will be provided to clients. 3. As feasible based on -site logistics, the frequency of meal deliveries will be reduced to maintain social distancing. Regardless of delivery schedule, clients will continue to receive the same amount of meals for the week as they currently do. 4. Meals will be delivered on a first -come, first -served basis. Nutritional risk scores will not be used to determine priority. 5. Participants receiving a Take Home Meal must signed in on the Sign -In Sheet. Daily Participant Sign -In Sheet procedures will be followed. 6. Once all participants have been served and seconds are available, participants seeking second servings may line up again to receive those servings. The selection of which participants will be offered a second meal when available, will be done on a random basis at the discretion of the site manager or appropriate staff. 7. Meals must be accompanied with instructions for the client to safely transport, store. and consume the meals. 25B-17 8. Drivers, both paid and volunteer, will be provided with single -use gloves to use when handling each meal. They also will be given plastic bags for use with meal delivery and one -gallon sealable bags for glove disposal. 9. When delivering the meals, drivers will be instructed to hand the bag containing the meals on the client's doorknob or in front of the door for the client to take into the home (see item 4 below for modification as needed). They will be directed to knock hard or call out to the client, and step back 6 feet away. When the client answers the door, they will do the wellness check from a distance. (If the client does not answer the door, the drivers will be instructed to follow standard procedures for such situations.) 10. Modification: If a client is unable to take the meals into the home, the drivers will be instructed to place the meals on the client's counter or refrigerator, based on client capability. 11. Volunteer drivers should report any client concerns to HDM Coordinator, Site Manager or appropriate staff. The Care Coordination Supervisor will be notified of any concern that cannot be addressed within their scope of duties. 25B-18 *AV NIAIII aI 00 Affil, MEALS on WHEELS ORANGECOUNTY POLICIES AND PROCEDURES SUBJECT: COVID-19: SOCIAL DISTANCING PROGRAMS FOR THE LUNCH CAFE ORIGINAL POLICY DATE: MARCH 12, 2020 POLICY REVISION DATE: DEPARTMENT: SOCIAL SERVICES APPROVED BY: CEO DEPARTMENT DIRECTOR/MANAGER POLICY STATEMENT: Social distancing has a goal of reducing the occasions when large numbers of people come together and are potentially exposed to a virus that is circulating in our community. Social distancing serves to protect the health of vulnerable populations, and ensures that essential public services, such as nutritional programs, are taking steps to protect the public. In response to the COVID-19 epidemic, we are bolstering our preventative and social distancing measures to include the implementation of the following two programs: Take Home Meals (Frozen) for Social Distancing and Emergency Shelf Stable Meals. The implementation of the programs will be made with the dual goals of protecting the health and safety of all participants while taking all necessary and deliberative steps to assure continuity and avoid the disruption of nutritional services. PROCEDURE: Meals on Wheels OC will be providing frozen meals and/or emergency shelf stable meals to all participants. For all participating sites, participants will be asked to go to their Lunch Cafe site and pick up meals to avoid congregating. Delivery and distribution will be determined per site. Meals must be accompanied with instructions for safe storage, transporting the meals, and consumption of meals. See Procedures for Take Home Meals (Frozen) for Social Distancing and Emergency Shelf Stable Meals for Social Distancing for further procedural instruction Pagel of 5 25B-19 *AV NIAIII aI MEALS on WHEELS ORANGECOUNTY Procedures for Take Home Meals (Frozen) Take Home Meals are frozen meals that can be safely stored in the freezer. Each Take Home Meal includes a frozen entree, chilled milk, and accompanying components. 1. Meals on Wheels OC will be providing frozen meals to participants in response to social distancing for COVID-19. Participants will be asked to go to their Lunch Caf6 site and pick up meals. Meals will be accompanied with instructions on how the participant may safely transport, store, and consume the meals. 2. Participants must meet the eligibility requirements for Lunch Caf6 Meals as indicated in the Lunch Caf6 Program Eligibility and Contribution Policy. All eligible individuals will be given the opportunity to make a voluntary contribution for Take Home Meals. New Participants must complete the Lunch Caf6 intake process. Participants or their surrogates (see below) may be given a flyer informing them of the opportunity to make a voluntary contribution at our website if a voluntary contribution box is not out during the Take Home distribution times. 3. Priority for distribution of meals will go to current registered participants of the Lunch Caf6 Program, followed by current unregistered participants, followed by new participants. If there is no line, then distribution of meals will be given on a first come first serve basis. Nutritional risk scores will not be used to determine priority. 4. Five meals per day per Lunch Caf6 participant may be served as long as no senior is denied a meal. If the demand for Take Home Meals is high on a day when multiple meals per participant will be provided and there are not enough for every participant, the Take Home Meals will be split up and each participant will be given fewer meals (e.g., 3 each instead of 5 each so we can serve more participants). 5. A surrogate may pick up a registered participant's Take Home Meal if they provide the participant's full first and last name and address. A surrogate may pick up an unregistered or new participant's Take Home Meal if they show the participant's driver's license or other identification. 6. Participants receiving a Take Home Meal will be signed on the Sign -In Sheet by the designated site staff/volunteer. Daily Participants Sign -In Sheet procedures will be followed. 7. Once all participants have received the designated number of Take Home Meals and seconds are available, participants seeking second Take Home Meals may Pa,>, of 25B-20 request to receive those servings. Lunch Cafe Program Seconds Servings procedures will be followed. The number of extra meals provided per participant will be at the discretion of the Site Manager and dependent upon availability of extra meals. 8. All food safety rules in handling and packing the meal must be followed. Frozen meals will be held at proper temperature at the site. Meals should be packed in an insulated container to retain temperature. Participants will be encouraged to transport the meal in an ice chest or insulated bag. Upon registration for the program, staff will verify the participant as a working refrigerator/freezer and microwave to ensure the participant is able to meet food safety rules for handling the meals. Heating instructions will be provided to participants. 9. Gloves must be worn when distributing meals to participants and safety protocols followed. 25B-21 *AV NIAIII aI MEALS on WHEELS ORANGECOUNTY Procedures for Emergency (Shelf Stable) Meals for Social Distancing Emergency Meals are shelf -stable meals that can be safely stored at room temperature in the home. One package contains three shelf -stable meals. PROCEDURE: 1. Meals on Wheels OC will be providing Emergency Meals to participants in response to social distancing for COVID-19. Participants will be asked to go to their Lunch Cafe site and pick up meals. Meals will be accompanied with instructions on how the participant may safely store and consume the meals. The shelf life of the Emergency Meal will be indicated directly on the front label. Participants must abide by the shelf life of all Emergency Meals provided within the Lunch Cafe Program. Participants will be provided Emergency Meals, as funding allows. 2. Participants must meet the eligibility requirements for Lunch Cafe Meals as indicated in the Lunch Cafe Program Eligibility and Contribution Policy. All eligible individuals will be given the opportunity to make a voluntary contribution for Emergency Meals. New Participants must complete the Lunch Cafe intake process. Participants or their surrogates (see below) may be given a flyer informing them of the opportunity to make a voluntary contribution at our website if a voluntary contribution box is not out during the Emergency Meal distribution times. 3. Priority for distribution of meals will go to current registered participants of the Lunch Cafe Program, followed by current unregistered participants, followed by new participants. If there is no line, then distribution of meals will be given on a first come first serve basis. Nutritional risk scores will not be used to determine priority. 4. A surrogate may pick up a registered participant's Emergency Meal if they provide the participant's full first and last name and address. A surrogate may pick up an unregistered or new participant's Emergency Meal if they show the participant's driver's license or other identification. 5. Participants receiving an Emergency Meal will be signed on the Sign -In Sheet by the designated site staff/volunteer. Daily Participants Sign -In Sheet procedures will be followed. 6. Once all participants have received an Emergency Meal and seconds are available, participants seeking a second Emergency Meal request to receive Pace 4 of 25B-22 those servings. Lunch Cafe Program Seconds Servings procedures will be followed. The number of extra Emergency Meals provided per participant will be at the discretion of the Site Manager and dependent upon participant's level of need and availability of extra meals. 7. Replenishment of Emergency Meals for Lunch Cafe meal participants will be contingent upon available funding. 8. Emergency Meals will meet the Dietary Guidelines for Americans and provide a full day of the Dietary Reference Intake. Emergency Meals will be approved by Meals on Wheels OC and AAA dietitians and meet the Older Americans Act and CCR Title 22 section 7638.5 meal requirements. 9. Gloves must be worn when distributing meals to participants and safety protocols followed. 25B-23 MEALS EXHIBIT ? Mill an WHEELS ORANGE COUNTY FACE MASK POLICY This policy has been implemented as a proactive measure in an evolving series of data - driven recommendations consistent with Meals on Wheels OC's priorities in response to COVID-19—slowing the spread of the virus, protecting vulnerable populations, and protecting our employees. The below information represents updates to Meals on Wheels OC policies and will remain in place until further notice. Individual departments may implement additional department - specific policies. 1) All employees will be provided with non -medical grade masks and instructed to wear it at the start of their work duties until the end of their shift. Masks will be worn in all service areas, including all settings where individuals and the public are served by employees and volunteers. Masks will also be worn by employees in the Corporate and Social Services office when they are in close proximity to other employees. 2) Employees will receive a mask depending on their specific work area. Employees receiving a reusable cloth mask should ensure they are washed routinely after two uses. Employees are encouraged to keep reusable masks until they are worn out or damaged. This will help maintain an already limited supply. Employees receiving a disposable mask or face shield should properly dispose of it at the end of their shift. 3) Individuals or employees who may be in a service area for extended periods may need to remove their masks at times (e.g., to eat, take medication). Employees should wear masks when in close proximity with other individuals or employees. As stated by the CDC, The primary role is to reduce the release of infectious particles into the air when someone speaks, coughs, or sneezes, including someone who has COVID-19 but feels well. Cloth face coverings are not a substitute for physical distancing and washing hands and staying home when ill, but they may be helpful when combined with these primary interventions. Employees can further reduce their risk of transmitting the disease by following these guidelines: • Wash your hands with soap and water for at least 20 seconds or using hand sanitizer. • Cover your cough or sneeze. • Stay home if you are sick. • Avoid touching your face. • Follow physical distancing guidelines. • Reduce the time you are around others outside of your home, even when practicing physical distancing. 25B-24 MEALS an WHEELS []RANGE COUNTY *:/NIAIll i1 HOW TO PUT ON, USE, TAKE OFF, AND DISPOSE (IF DISPOSABLE) OF A MASK Before putting on a mask, clean hands with alcohol -based hand rub or soap and water. Cover mouth and nose with mask and make sure there are no gaps between your face and the mask. Avoid touching the mask while using it; if you do, clean your hands with alcohol -based hand rub or soap and water. Replace the mask with a new one as soon as it is damp and do not re -use single -use masks. To remove the mask: remove it from behind (do not touch the front of mask); discard immediately in a closed bin; clean hands with alcohol -based hand rub or soap and water. 25B-25 MEALS EXHIBIT ? Mill an WHEELS ORANGE COUNTY FACE MASK POLICY (For Volunteers) April 2020 This policy has been implemented as a proactive measure in an evolving series of data - driven recommendations consistent with Meals on Wheels OC's priorities in response to COVID-19—slowing the spread of the virus, protecting vulnerable populations, and protecting our volunteers. The below information represents updates to Meals on Wheels OC policies and will remain in place until further notice. Individual departments may implement additional department - specific policies. 1) Congregate and HDM Sites will provide volunteers with non -medical grade disposable or cloth masks (as long as there is a supply available) and volunteers will be instructed to wear it at the start of their volunteer duties until the end of their shift. Masks will be worn in all service areas, including all settings (like the Grab & Go Program) where individuals and the public are served by employees and volunteers. Masks will be worn by volunteer drivers that are delivering food to homebound seniors through the Meals on Wheels Program. 2) Volunteers will receive a cloth or disposable mask at the start of their shift, OR they can choose to bring their own reusable cloth mask. However, a reusable cloth mask needs to be washed routinely after two uses. As long as this mask is washed regularly, they can keep a reusable cloth mask until they are worn out or damaged. Volunteers receiving a disposable mask should properly dispose of it at the end of their shift. Disposable masks should be changed after 4 hours of use. 3) Volunteers who may be in a service area for extended periods may need to remove their masks at times (e.g., to eat, take medication). Volunteers should wear masks when in close proximity with other any other volunteers, individuals, participants, or employees. As stated by the CDC, The primary role is to reduce the release of infectious particles into the air when someone speaks, coughs, or sneezes, including someone who has COVID-19 but feels well. Cloth or disposable face coverings are not a substitute for physical distancing and washing hands and staying home when ill, but they may be helpful when combined with these primary interventions. Volunteers can further reduce their risk of transmitting the disease by following these guidelines: • Wash your hands with soap and water for at least 20 seconds or using hand sanitizer, and follow the glove use policy already in place. • Cover your cough or sneeze. • Stay home if you are sick. 25B-26 MEALS an WHEELS ORANGE COUNTY • Avoid touching your face. • Follow physical distancing guidelines. *:/NIAIll i1 • Reduce the time you are around others outside of your home, even when practicing physical distancing. HOW TO PUT ON, USE, TAKE OFF, AND DISPOSE (IF DISPOSABLE) OF A MASK Before putting on a mask, clean hands with alcohol -based hand rub or soap and water. Cover mouth and nose with mask and make sure there are no gaps between your face and the mask. Avoid touching the mask while using it; if you do, clean your hands with alcohol -based hand rub or soap and water. Replace the mask with a new one as soon as it is damp and do not re -use single -use masks. To remove the mask: remove it from behind (do not touch the front of mask); discard immediately in a closed bin; clean hands with alcohol -based hand rub or soap and water. 25B-27 All Alk AM11 M EALS on WHEELS ORANGECOUNTY Glove Use Policy & Procedure C1 Take Home Meal Delivery (For Drivers) Effective March 20, 2020 In response to the COVID-19 epidemic, we are bolstering our preventative and social distancing measures to include the implementation of the following procedures for the C1 Take Home Meal Delivery program. The implementation of these procedures will be made with the dual goals of protecting the health and safety of all seniors and volunteers, while taking all necessary and deliberative steps to assure continuity and avoid the disruption of nutritional services. Meals on Wheels — C1 Take Home Meal Delivery Drivers (volunteer and paid) • Drivers will wear gloves when handling the meals. You will receive one pair of gloves for each stop on your route, and a Ziploc bag for glove disposal. • Meals will be placed in a plastic bag. When delivering the meals, hang the bag containing the Procedure: Don't: meals on the client's doorknob, or put bag on ground in front of the door. Knock hard or call out to the client, and step back 6 feet away. Wait for the client to take the bag, so you can do a wellness check from a distance. If they need assistance, you may take the bag in for them, but avoid touching anything. ✓ Using proper technique for donning gloves, put gloves on only immediately before handling the meal(s) such that no surfaces (e.g., in the driver's vehicle) other than the meals will be touched with gloves. ✓ After delivering the meal(s) use the proper technique for removal gloves and dispose of the used gloves. ✓ Gloves should be changed between each delivery and not worn within the vehicle. x Don't re -use or wash gloves. x Don't substitute gloves for hand hygiene x Avoid touching the outside of the gloves with your bare hands x Don't use gloves if they are damaged or soiled. x Don't touch your face or vehicle when wearing gloves. 25B-28 Utilize this technique for donning and removing gloves. When the hand hygiene indication occurs before a contact requiring glove use, perform hand hygiene by rubbing with an alcohol -based handrub or by washing with soap and water. I. HOW TO DON GLOVES: 1. Takeout a glove from its original box 4. Take the second glove with the bare hand and touch only a restricted surface of glove corresponding to the wrist II. HOW TO REMOVE GLOVES: 1. Pinch one glove at the wrist level to remove it, without touching the skin of the forearm, and peel away from the hand, thus allowing the glove to turn inside out 2. Touch only a restricted surface of the glove corresponding to the wrist (at the top edge of the cuff) 5. To avoid touching the skin of the forearm with the gloved hand, turn the external surface of the glove to be donned on the folded fingers of the gloved hand, thus permitting to glove the second hand l _ i 2. Hold the removed glove in the gloved hand and slide the fingers of the unglo- ved hand inside between the glove and the wrist. Remove the second glove by rolling it down the hand and fold into the first glove 3. Don the first glove 6. Once gloved, hands should not touch anything else that is not defined by indications and conditions for glove use 3. Discard the removed gloves 4. Then, perform hand hygiene by rubbing with an alcohol -based handrub or by washing with soap and water Note: Hand sanitizer maybe omitted if unavailable due tothe national shortage due to the COVID-19 crisis. 25B-29 MEALS on WHEELS ORANGE COUNTY INSTRUCTIONS FOR COOKING/HEATING FROZEN MEALS TRAYS IN CONVENTIONAL OVENS: 1. Preheat oven to 3500 F Do not exceed 3750F 2. Cut or puncture film over each food compartment. 3. Place tray on cookie sheet. 4. Heat on cookie sheet in center of oven, usually 30minutes. 5. Let stand 1 or 2 minutes before serving. 6. DO NOT PLACE IN TOASTER OVEN. 7. DO NOT RE -USE TRAY. CAUTION: Temperatures above 3500 F, failure to preheat oven, and/or failure to use a cookie sheet, may cause damage to plastic tray or oven. Use of toaster oven or reusing plastic tray also causes damage. TRAYS IN MICROWAVE OVEN: 1. Peel back the lid to vent or slit the film in each compartment. 2. Heat frozen meal for 3-5 minutes maximum on high. Note: Heating times will vary based on individual microwaves. 3. Let stand 1 to 2 minutes before removing from microwave oven. 4. Carefully remove tray from oven. Carefully peel film off tray to avoid steam burns. CAUTION: Failure to cut or puncture film and/or allowing to stand 1-2 minutes before removing from microwave oven may cause damage to plastic tray and/or microwave. 25B-30 OC SENIOR NUTRITION PROGRAM COVID -19 (coronavirus) updated services Continuing Essential Services for Seniors 1) How can I continue to get food when my senior center is closed? And, since I am supposed to stay at home, can I have food delivered to me? • Congregate meals which take place at senior centers throughout Orange County will be converted to take-home meals. Seniors age 60 and older can pick-up take-home meals from their local senior center. Please check with the below listed organizations for the most up to date information on locations near you. • If seniors are current clients of the congregate lunch programs at the senior centers and need their food delivered to them instead, they can request this through the same organizations listed below North/Central County cities: MEALS ON WHEELS ORANGE COUNTY 714-220-0224 www.mealsonwheelsoc.= City of Irvine: LAKEVIEW SENIOR CENTER 949-724-6900 www.cityofirvine.org South County Cities: AGEWELL SENIOR SERVICES 949-855-8033 www.agewellseniorservices.org 2) What will happen to my home delivered meals (HDM)? • HDM will continue without interruption. HDM drivers have been trained to maintain a safe distance and will use proper sanitizing practices if frail seniors need assistance with bringing meals inside the home. /s1N.7s1►[tl:Iu111►YKy11.,Wa1.1: 01►1u1:111*1111:1QI.Y11,71I:111&1NL1IW1W t110[1111.>>.U18.Liu901►111►YIt" 111C1)1FATAWICKND"11110. WDIE Specifically, the Office on Aging has: • Implemented contingency plans to convert warm lunches served at senior centers in group settings to frozen take-home meals. • Executed a plan to have take-home meals delivered to seniors' homes if they are unable or unwilling to pick up at the senior center. • Implemented a process that allows take-home lunches from the senior center to be picked up by the seniors' designee. • Ensured home delivered meals will continue without interruption. Deliveries will be less frequent and contain enough food for several days. • Confirmed drivers have been trained to deliver food using safe distances and have been given gloves to use if seniors need food to be brought inside their homes. Any questions? Please call our Information & Assistance Call Center: 1-800-510-2020. 25B-31 M EALS on WHEELS (]RANGE COUNTY Take Home Meals for Precautionary Safety Measures Take Home Meals is part of the C1 Take Home Meal Delivery Take Home Meals are frozen meals that can be safely stored in your freezer. Each Take Home Meal includes a frozen entree, chilled milk, and accompanying components. Meals on Wheels OC is responsible for food safety handling and proper temperature storage until you take possession of the Take Home Meals. At that time, you are responsible for ensuring the chilled and frozen items maintain a safe temperature until eaten. You should transport the Take Home Meals to your home in a timely manner, in an ice chest or thermal bag, so that safe temperatures for chilled and frozen items are maintained. Expiration dates are printed on meal labels and milk cartons, and You must eat the items prior to the expiration dates or use by date. You must have a working refrigerator/freezer and microwave or oven to safely store and heat the meals. If you have any questions, please call Meals on Wheels OC at (714) 823-3294. 25B-32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE APPROVE COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA FOR IMPLEMENTATION OF TRAFFIC SIGNAL SYNCHRONIZATION ON MAIN STREET (PROJECT NO. 19-6949) (NON -GENERAL FUND) /s/ Kristine CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to execute a cooperative agreement (12-790) with the State of California (Caltrans) identifying each agency's roles and responsibilities, including a project -sponsored payment of $7,500 to Caltrans for the cost to implement traffic signal synchronization and improvements at three Caltrans intersections along Main Street, for the term beginning upon execution of the agreement and ending upon project completion subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On November 20, 2018, the City Council approved a cooperative agreement with Orange County Transportation Authority (OCTA) to implement the Main Street Traffic Signal Synchronization project. This OCTA-led, grant -funded project will provide inter -jurisdictional traffic signal synchronization and improvements along the Main Street corridor traversing Santa Ana, Orange, Irvine, and Caltrans jurisdictions. The Cooperative Agreement describes the scope of the project, each agency's responsibilities, and the funding for the project. Funding for the City's share of the cost was budgeted in the Fiscal Year (FY) 2018-19 Capital Improvement Program (CIP). The OCTA-funded grant covers 80% of the costs, with local jurisdictions paying the remaining 20%. Three Caltrans intersections along Main Street at the 1-5 Freeway are within the City of Santa Ana project area (Exhibit 1). The improvements include preparing and implementing new synchronization timing and upgrading Caltrans traffic controllers to support the new Main Street Traffic Signal Synchronization corridor timing. The Caltrans Traffic Signal improvements are particularly important to reduce congestion and enhance traffic flow in Santa Ana due to the high traffic volume and complex turning movements on Main Street at the 1-5 Freeway. 25C-1 Cooperative Agreement with Caltrans for Main Street Traffic Signal Synchronization Project June 16, 2020 Page 2 Caltrans does not allow local jurisdictions or third parties to make operational changes to Caltrans- operated traffic signals. Therefore, Caltrans must be retained to make the necessary traffic signal changes for the project, and a separate Santa Ana/Caltrans Cooperative Agreement is required. This new Santa Ana/Caltrans Cooperative Agreement identifies operational responsibilities, and the cost for Caltrans to furnish and install the necessary equipment, and to review and implement the new traffic signal timing (Exhibit 2). The total cost for the Santa Ana/Caltrans traffic signal synchronization changes is $7,500. This cost will be treated like other project costs, where 80% is covered by the grant and 20% by Santa Ana. The project grant will, therefore, pay $6,000 of the $7,500 cost, and the City's share will be $1,500. 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). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT As the lead agency for the Main Street Traffic Signal Synchronization project, OCTA will pay the $7,500 cost to furnish and install the traffic signal improvements at the three Caltrans locations within the city boundaries. Upon project closeout, OCTA will invoice Santa Ana for its 20% cash match of $1,500. Funding for the City's share of the cost was budgeted in the FY 2018-19 CIP. The funds are available in the Measure M2 Street Construction Fund (Account No. 03217662-66220, Project No. 19-6949) for expenditure in FY 2020-21 as follows: Accounting Unit - Accounting Unit -Account Fiscal Year Account No. Fund Description No. Description Amount Project No. FY 2020-21 03217662-66220 Measure M-Street Measure M2 Local Fairshare - Improvements $1,500 July -June (19-6949) Construction Other Than Building Paid by OCTA with project grant funds $6,000 TOTAL $7,500 NS/EWG/CR Exhibits: 1. Project Location Map 2. Cooperative Agreement 25C-2 22 Westminster Ave + 5th St a N O O m L O W Z =_ SANTA ANA City Council P� WA Agenda Date June 16,2020 PYBLIC KSMEN Main Street Traffic Signal 0 Synchronization Caltrans 1-5 Freeway Improvements Y N 17th St c •l6 Civic CenteriDr _ Santa Ana Blvd N N `w 1st St .0 O Q � LL m •` L C m R L7 Edinger ve Warner A I e egerstrom Ave Alton Ave � m Ma Arthur Blvd/ Project Nos.19-6949: Main Street Traffic Signal Synchronization Caltrans 1-5 Freeway Improvements 2=4 Oft NORTH man T EXHIBIT 2 12-ORA-5-PM 33.00/33.31 EA:926115, ID: 1220000076 District Agreement No. 12-790 COOPERATIVE AGREEMENT (General Traffic Signal Synchronization) THIS AGREEMENT, ENTERED INTO EFFECTIVE ON , 2020, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "CALTRANS" and the CITY OF SANTA ANA, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". CALTRANS and CITY are individually referred herein as "PARTY" and collectively referred herein as "PARTIES". RECITALS 1. CALTRANS and CITY, collectively referred to as PARTIES, pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into a cooperative agreement for improvements to State Highways within CITY. 2. Measure M2 Regional Traffic Signal Synchronization Program (RTSSP) of Orange County targets over 2,000 signalized intersections across the County to maintain traffic signal synchronization, improve traffic flow, and reduce congestion across jurisdictions. 3. CALTRANS and CITY desire to implement signal synchronization at three (3) intersections along Main Street to enhance traffic flow and reduce congestions at those intersections between CITY streets and State Highway System (SITS). 4. CALTRANS and CITY are committed to implementing multi jurisdictional signal synchronization to enhance countywide traffic flow and reducing congestion in relation to the State Highway System (SITS). 5. CITY has received separate funding from Orange County Transportation Authority (OCTA) for Regional Traffic Signal Synchronization on Main Street Corridor. 6. CITY desires CALTRANS to implement Intelligent Transportation System (ITS) equipment as deemed necessary, coordinated signal timing and other work elements as detailed in the attached SCOPE SUMMARY referred to herein as "IMPROVEMENTS" at the following locations identified in Exhibit A attached to and made a part of this Agreement by reference and referred to hereinafter as "INTERSECTIONS": a. Main Street at I-5 Northbound Off -Ramp / Edgewood Road Traffic Signal b. Main Street at I-5 Northbound On -Ramp / Santa Clara Avenue Traffic Signal c. Main Street at I-5 Suthbound On -Ramp / Buffalo Avenue Traffic Signal 7. PARTIES agree that IMPROVEMENTS will costa total of $7,500.00. CALTRANS will review and implement new signal timing plans of the IMPROVEMENTS, as specified in Exhibit A. NOW, THEREFORE, in consideration of the foregoing recitals and the following terms, covenants and conditions, the PARTIES agree as follows: CALTRANS AGREES: SECTION A 25C-4 12-ORA-5-PM 33.00/33.31 EA:926115, ID: 1220000076 District Agreement No. 12-790 1. To perform the work elements in order to complete IMPROVEMENTS as specified in the SCOPE SUMMARY attached to and made a part of this Agreement. 2. To install traffic signal controller equipment components of the IMPROVEMENTS, as specified in the exhibit A. 3. To implement coordination of traffic signal timing (TIMING PLAN) for INTERSECTIONS in accordance with the Caltrans Traffic Operations Manual. 4. To review the draft TIMING PLAN prepared by CITY, and finalize it subject to revisions mutually agreed to between PARTIES. 5. To submit an invoice for a lump sum (single payment), which includes all indirect costs per Caltrans Indirect Cost Rate Proposal (ICRP) of $7,500.00 to CITY for the IMPROVEMENTS within 30 days of execution of this agreement. SECTION B CITY AGREES: 1. To fully fund IMPROVEMENTS not exceeding $7,500.00 2. To develop TIMING PLAN for INTERSECTIONS and submit it for CALTRANS review and approval. 3. To work in good faith with CALTRANS to revise and finalize TIMING PLAN. 4. To make written application to CALTRANS for necessary encroachment permits authorizing entry of CITY onto SITS right of way to perform work for IMPROVEMENTS. CITY shall also require its consultants and contractors, if any, to make written application to CALTRANS for necessary encroachment permits. 5. To prepare and review a final report of the IMPROVEMENTS with CALTRANS and assess the performance of the PARTIES in relation to the terms, covenants, and conditions of the Agreement. 6. To pay to CALTRANS, within thirty (30) days of receipt of invoice, the amount of $7,500.00. SECTION C IT IS MUTUALLY AGREED THAT: 1. All CALTRANS' obligations under this Agreement are subject to the appropriation of resources by the Legislature and the State Budget Act authority, programming of funds by the California Transportation Commission (CTC) and the allocation thereof by the CTC. 2. CITY's total obligation is set at $7,500.00. If CALTRANS anticipates that funding will be insufficient to complete IMPROVEMENTS, due to (i) mutually agreed material modifications, (ii) the failure by CITY to perform its obligations under this Agreement following written notice from CALTRANS to CITY, or (iii) unforeseen 25C-5 12-ORA-5-PM 33.00/33.31 EA:926115, ID: 1220000076 District Agreement No. 12-790 conditions that are discovered during the performance of IMPROVEMENTS, CALTRANS will promptly notify CITY. CALTRANS may be required to stop work on IMPROVEMENTS until additional funding is secured and/or to restore the site of IMPROVEMENTS to a condition of safe operation, using any then unexpended funds, if additional funds are not made available for IMPROVEMENTS. 3. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY or under this Agreement. It is understood and agreed that CITY, to the extent permitted by law, will fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortuous, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub -contractors and/or its agents under this Agreement. 4. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS or under this Agreement. It is understood and agreed that CALTRANS, to the extent permitted by law, will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortuous, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS , its contractors, sub -contractor and/or its agents under this Agreement. 5. This Agreement will terminate upon completion of IMPROVEMENTS that all parties have met all scope, cost, and schedule commitments included in this agreement and have signed a cooperative agreement closure statement, which is a document signed by PARTIES that verifies the completion of all scope, cost, and schedule commitments. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, hazardous material, operation, maintenance, and ownership articles will remain in effect until terminated, expired by statute of limitation, or modified in writing by mutual agreement. CONTACT INFORMATION This information provided below indicates the primary contact information for the PARTIES to the Agreement. PARTIES will notify each other in writing of any personnel or location changes. Contact Information changes do not require an amendment to this Agreement. The primary Agreement contact person for CALTRANS is: Shivinderjit Singh, Branch Chief Electrical Systems 6681 Marine Way Irvine, CA 92618-1724 Office Phone: (949) 936-3464 Email: shivinderjit.singh@dot.ca.gov The primary Agreement contact person for CITY is: 25C-6 Cesar Rodriguez, P.E., Senior Civil Engineer City of Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Office Phone: (714) 647-5626 Email: CRodriguez5@santa-ana.org 12-ORA-5-PM 33.00/33.31 EA:926115, ID: 1220000076 District Agreement No. 12-790 4 25C-7 12-ORA-5-PM 33.00/33.31 EA:926115, ID: 1220000076 District Agreement No. 12-790 SIGNATURES PARTIES declare that: Each PARTY is an authorized legal entity under California state law. 2. Each PARTY has the authority to enter into this AGREEMENT. 3. The people signing this AGREEMENT have the authority to do so on behalf of their public agencies. This AGREEMENT may be executed and delivered in counterparts, and by each PARTY in a separate counterpart, each of which when so executed and delivered shall constitute an original and all of which taken together shall constitute one and the same instrument. The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or electronic mail (E-Mail), and that such copies shall be deemed to be effective as originals. STATE OF CALIFORNIA CITY OF SANTA ANA DEPARTMENT OF TRANSPORTATION IC Bobi Hetrick Deputy District Director AS TO FUNDS: Neda Saber District Budget Manager By: Kristin Ridge City Manager ATTEST: By: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney n� Q By: iN 4 �. -f.. �L John M.Funk Assistant City Attorney RECOMMEND FOR APPROVAL: By: Nabil Saba, PE Executive Director 5 Public Works Agency 25C-8 12-ORA-5-PM 33.00/33.31 EA:926115, ID: 1220000076 District Agreement No. 12-790 SCOPE SUMMARY Work Element CALTRANS City Perform Preliminary Engineering X Encroachment Permit X Develop Coordination Traffic Signal Timing X Approve and Implement Coordination Signal Timing X Monitor and Fine -Tune Traffic Signal Coordination Timing X Furnish Traffic Signal Local Controller X Furnish Traffic Signal Master Controller X Configure and Install Traffic Signal Controller X Furnish and Install GPS Time Source X Final Report X 25C-9 12-ORA-5-PM 33.00/33.31 EA:926115, ID: 1220000076 District Agreement No. 12-790 Exhibit A Reimbursable Caltrans Cost Details Main Street Regional Traffic Signal Synchronization Project for the intersections of Main Street at I-5 Northbound Off -Ramp / Edgewood Road, Main Street at I-5 Northbound On -Ramp / Santa Clara Avenue, and Main Street at I-5 Suthbound On -Ramp / Buffalo Avenue: Description Unit Cost ($) Quantity Subtotal Caltrans Staff Oversight Fee Per Location $ 2,500.00 3 S 7,500.00 TOTAL $ 7,500.00 25G10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE: APPROVE AMENDMENT TO THE AGREEMENT WITH ECONOMICS, INC., FOR SOLID WASTE CONSULTANT SERVICES IN AN AMOUNT NOT TO EXCEED $64,964 (NON -GENERAL FUND) /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2111 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO 1�1��►1�1�1:3q:7 RECOMMENDED ACTION Authorize the City Manager to amend the agreement with EcoNomics, Inc., by exercising the one-year extension to extend the term from June 30, 2020 to June 30, 2021; expanding the scope of work for Solid Waste Consulting Services to include additional services that address legislative mandates; and increasing the total compensation by $49,970, plus a 20% contingency of $14,994, for a total increase of $64,964, and a total agreement amount not to exceed $89,964, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On April 1, 2019, the City entered into an agreement with EcoNomics, Inc., (ENI), in an amount not to exceed $25,000 (Agreement No. N-2019-080). The scope of this agreement included development of cost projections for an AB 1826-compliant organics diversion program, for use in the current Solid Waste Services Request for Proposals (RFP) process; assistance with incorporating State -mandated diversion programs into the RFP evaluation process; assistance with CALGreen building standards compliance; and general assistance with solid waste and recycling compliance. This agreement, which is set to expire June 30, 2020, includes a one-year extension option to June 30, 2021. As the State of California continues an active legislative agenda relative to the recycling of solid waste, jurisdictions are increasingly responsible for timely deployment of appropriate programs and implementation of municipal code changes. To assist the City in meeting these legislative requirements, staff desires to exercise the one-year extension in the agreement with ENI to complete the original scope of work. Staff also requests to expand the scope to include municipal code updates related CALGreen building standards compliance, develop enforcement mandates for existing and new State of California mandates (i.e., AB 341, AB 1826, and SB 1383), and add compensation for the additional work. 25D-1 Amend the Agreement with EcoNomics, Inc. for Solid Waste Consulting Services June 16, 2020 Page 2 EcoNomics has proposed a compensation of $49,970 for this expanded scope. Staff recommends amending the current $25,000 agreement by this amount plus a 20% contingency of $14,994, for a total increase of $64,964 (Exhibit 1), which brings the total agreement compensation to $89,964. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 - City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment); and, Goal #5 - Community Health, Livability, Engagement & Sustainability. ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT The total amount of the requested amendment is $64,964. Funds are budgeted for expenditure in FY 2020-21 as follows: Fiscal Accounting Fund Accounting Unit, Account Year Unit — Description Description Amount Account # 06917640- Refuse Refuse Collection Service, FY 20-21 Collection Contract Services- $64,974 62300 Service Professional Total Amendment: $64,974 NS/MLM/CK Exhibit: 1. Amendment 25D-2 0:culIfi FIRST AMENDMENT TO CONSULTANT AGREEMENT WITH ECONOMICS, INC. THIS FIRST AMENDMENT to the above -referenced agreement is entered into on June 16, 2020 by and between EcoNomics, 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. N-2019-080, dated April 1, 2019, by which Consultant agreed to provide services to assist the City's Public Works Agency in developing cost projections for an organics diversion program that is compliant with state law ("Agreement"). B. The Agreement remains in effect through June 30, 2020, with provision for extension. C. The parties now wish to extend the Agreement, amend the scope of services, and increase the amount to be expended under the Agreement. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to include the services described on Exhibit A. 2. Section 2, Compensation, is amended to increase the total amount to be expended under the Agreement by $64,964, which is comprised of (1) the base sum of $49,970 plus (2) a contingency of $14,994 for additional services at the City's sole discretion. 3. Section 3, Term, is amended to extend the term of the Agreement through June 30, 2021. 4. 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 Daisy Gomez Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager signatures continue on next page Page 1 of 2 25D-3 APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: IV, -f.4, Joldi M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT Name: r R+vcic s o t-a r/C Title: vicc p/k1/ar7 1revxLwj Page 2 of 2 25D-4 EXHIBIT A City of Santa Ana Proposal to Assist with State Compliance Analysis Project Description: The City has tasked EcoNomics with developing cost projections for a fully AB 1826-compliant organics program for use in the Request for Proposals (RFP) process it is currently undergoing. The analysis would determine the total cost of an organics program assuming 100% participation among all covered generators. Further, the City has asked EcoNomics to assist it with programmatic evaluation during its RFP process to ensure all proposed programs and rates will facilitate compliance with state mandates, including AB 1826, SB 1383, and AB 341. Lastly, EcoNomics will provide general compliance assistance to the City as it pertains to C&D recycling to comply with CALGreen and other CalRecycle compliance assistance tasks, including compliance reporting, assistance with annual compliance assessments, and other tasks as assigned. Task 1: AB 1826 Compliance Analysis EcoNomics will conduct the following steps to develop this analysis. Task 1A: Develop Costs of Organics Program As a first step, EcoNomics will use the organics program cost information provided by Waste Management to develop estimated organics program costs for all different container configurations. The organics costs provided by Waste Management assume the same route density and collection costs as equivalent MSW service and use low organics density assumptions. Both of these factors result in lower costs, which may not be realistic to expect from proposers. EcoNomics will develop an organics collection cost analysis that allows for real-time entry of variable productivity, processing costs, and density assumptions. These key assumptions can be manipulated to allow for various different cost projections. EcoNomics will develop a `default'value based on industry averages that will be included in the cost build-up to represent a reasonable cost scenario. Task 1B: Develop service recommendations for non -compliant generators to determine projected service levels and MSW reductions by compliance tier. EcoNomics will use an existing cost -calculator tool it has developed for the City of Santa Ana to project service adjustments needed for individual generators to comply with AB 1826. This calculator will compare the baseline service levels to the projected service levels to become compliant with AB 1826, which will include organics service and may include reduce MSW service. EcoNomics will also analyze AB 341 compliance options which will include the deployment of dry recycling bins and may result in further MSW reductions. EcoNomics will select a representative sample from each compliance tier in order to obtain a 95% confidence level with a 10-point confidence interval. EcoNomics will conduct the service analysis for the following number of generators, by compliance Tier: 1 25D-5 Compliance Tier Total Population 1 66 2 _ 291� 3 310 4 615 Total 1182 Sample Size Needed for 9S% Confidence with CI of 10 -- 39 - —— - —72 74 83 268 Prior to the service analysis, EcoNomics staff will cross-reference each generators' service levels from Waste Management's customer listing. Generators that do not have an individual account will not be included in the service analysis. As each generator's service information is calculated, the data will be aggregated into a roll -up work sheet so data for all generators can be analyzed to make conclusions about the projected service levels for individual generators and for the entire commercial sector. Task 1C: Analyze aggregated data As a next step, EcoNomics will analyze the aggregated data to determine the average organics service levels per generator and per compliance tier as well as the average MSW service reductions. Using this data, EcoNomics will determine the hauler's total cost of providing organics service assuming various participation levels as well as the revenue lost from customer's 'right -sizing' their MSW service. These two cost components will provide the City with a total cost of AB 1826 compliance that can be communicated to proposers during the RFP process or used to check proposers' cost assumptions during the evaluation process. Task 1D: Calculate Estimated Outreach Hours Needed and Determine Cost A key factor that is rarely factored into the cost of organics recycling programs is the cost of outreach required to implement and maintain organics programs. Each organics program can take between 10 -25 hours of staff time to implement. EcoNomics will include the projected outreach costs for implementing organics programs and make recommendations for how to provide adequate staffing levels. Task 2: Assistance with Incorporating State -Mandated Diversion Programs into RFP Evaluation Process Upon engagement, EcoNomics will distill complicated legislative concepts and directives into clearly understood evaluation criteria metrics. EcoNomics will use its on -the -ground knowledge of working within the City to assess feasibility of proposed diversion programs provided by 2 25D-6 haulers. An initial listing of items that will be considered as part of EcoNomics' evaluation assistance is included below. • Examination of what programs and participation rates are proposed to meet diversion goals/mandates set forth in SB 1383, AB 1826, and AB 341 • Review of options proposed for residential curbside organics diversion programs to comply with SB 1383, including 2-cart wet/dry routing, 3-cart co -collection of food scraps in yard trimmings container, or 4-cart system with an additional cart for source -separated food scraps only. • Cost evaluation of organics diversion requirements set forth in SB 1383, AB 1826, and AB 1594. Implementation could be expensive unless the method (composting vs. anaerobic digestion) and facility siting (local County -run facilities versus long hauls of over 50 miles) are anticipated in the agreement between the selected hauler and the City. The City's ability to direct the flow of organics and to change to the most cost-effective manner of processing will be critical. As such, a review of the timing of expanding of a long-term restaurant organics diversion program that provides cost -incentives to the restaurant community will need to be coordinated with processing options. • Evaluation of the proposed rate for single -stream recycling and organics collection to determine if an incentive for the remaining businesses and multi -family properties in the City to implement cost-effective recycling programs to be in compliance with AB 341. • Review of feasibility of proposed hauler staffing to implement state -mandated diversion programs. • Evaluate "niche recycling" approach for the collection and diversion of Household Hazardous Waste, Medical Waste, Sharps, Electronic Waste, and Universal Waste. • Review any issues of tonnage origin verification, tracking and reporting from the MRF's, compost facilities and any transfer stations used for the City's waste and recyclables. • Evaluate the accuracy of tonnage data and to document the allocation methodology that will be used to calculate and report the City's diversion tonnages and to comply with enhanced reporting requirements included in AB 901. • Evaluate proposed incentives and disincentives to ensure that the selected hauler meets or exceeds diversion requirements. At the direction of the City, EcoNomics can prepare a presentation of its findings/recommendations for delivery to the Ad Hoc committee, consulting team, or the Council -at- large. EcoNomics will work with the City and its consultant team to determine how best to evaluate key programmatic elements into the scope of work and contract body. Task 3: Assistance with CALGreen Compliance CALGreen requires nearly all building projects to divert 65% or more of C&D waste away from landfills. The next triennial update, effective January 1, 2020, may increase this diversion rate requirement to 75% and will reduce the amount of project exemptions. The City may need to overhaul its current permitting and application processes to strengthen compliance incentives 3 25D-7 and non-compliance disincentives to comply with CALGreen. EcoNomics can provide technical assistance to enhance existing processes to ensure higher levels of compliance with CALGreen. It is our understanding that the City is considering adopting an ordinance that would require all AB 341, AB 1826 and SB 1383 generators to have waste diversion programs in place or face enforcement action from the City. Further, this ordinance will develop a refundable compliance deposit system for building projects covered by CALGreen that will provide a monetary incentive divert 65% of the C&D waste generated. For the CALGreen ordinance, Economics recently worked with Lake Forest to adopt a C&D ordinance in July of 2019 and is familiar with this process. Further, EcoNomics has assisted the cities of Tustin, Laguna Hills, Newport Beach, Stanton, and Laguna Niguel with enhancing C&D recycling programs and policies to comply with CALGreen. Non -legal staff from EcoNomics would be available to assist in providing ordinance feedback from our extensive experience in program implementation in the City of Santa Ana. These field-tested 'best practices' for program implementation can then be 'translated' into legal language by the City Attorney's office and included in the ordinance to ensure the practical application of the requirements. Task 4: General Assistance with Solid Waste and Recycling Compliance In addition to the work items identified above, EcoNomics will be'on-call'to assist with legislative interpretation, CalRecycle compliance assistance, recycling -related projects, etc. Similarly, the City may direct Economics staff to assist with other work tasks, as needed. Specific CalRecycle general compliance assistance task assignments may include: Assistance with filing CalRecycle Electronic Annual Reports Develop narrative for AB 1826 and AB 341-related DPS codes; analyze and process data from implementation efforts and develop compliance analysis for inclusion in report; request and process data from hauler, City, County, and other agencies to provide compelling narrative for AB 341 and AB 1826 efforts; develop draft of AB 341 and AB 1826 sections of 2019 and 2020 EAR for City review; coordinate City review and incorporate feedback. Assistance with CalRecycle Site Visit and Conference Call Prepare for CalRecycle conference call and site visit; annotate conference call and site visit agendas with requested data; answer questions re: compliance status; calculate and verify AB 341 and AB 1826 compliance rates. CalRecycle Compliance Troubleshooting Assist City with compliance issues from CalRecycle; develop and assist in implementing formal or informal plans; provide compliance data to CalRecycle; compile recurring progress reports; etc. Please note, this task does not include interactions with CalRecycle if the City is referred to the Jurisdictional Compliance Unit (JCU). If City is referred to the ICU, additional consulting resources will be needed end the referral. El 25D-8 Assistance with AB 341, AB 1826, and SB 1383 components of the mandatory ordinance drafting It is our understanding that the City is considering adopting an ordinance that would require all AB 341, AB 1826 and SB 1383 generators to have waste diversion programs in place or face enforcement action from the City. EcoNomics has assisted the City of Newport Beach with developing an AB 341 and AB 1826 mandatory ordinance and may be able to use some components of that ordinance to adapt to the City of Santa Ana. Non- legal staff from EcoNomics would be available to assist in providing ordinance feedback from our extensive experience in program implementation in the City of Santa Ana. These field-tested 'best practices' for program implementation can then be 'translated' into legal language by the City Attorney's office and included in the ordinance to ensure the practical application of the requirements. Other CalRecycle Compliance Tasks, as assigned Assist City with other CalRecycle compliance tasks, including grant reporting and/or grant administration for City County Payment Program, as well other CalRecycle compliance tasks, as needed. Proposed Budget PresidentPresklant vice ProJact Manager -__ oercema SANTA ANA PROPOSED BUDGET Asshtant Hours Budget Poems $205.00 $130.00 $90.00 545.00 nudge Task 1: AS 1926 Compliance Analysis 2 20 12 56 90 S 6,610.00 9% Task 2: Assistance with Incorporating State -Mandated Diversion Programs 6 38 16 6 66 5 7,880.w 11% Into RFP Evaluation Process Task 3: Assistance with CALGreen Compliance 10 75 76 18 119 $ 19,450.00 26% Task 4: General Assistance with Solid Waste and Recycling Compliance 20 210 98 18 346 $ 41,030.00 55% TOTAL PROJECT HOURS 38 343 202 98 681 36% TOTAL NOT TO EXCEED (Cost per $7,790.00 544,590.00 $18,180.o0 $4,410.00 $74 970 UU Person & Grand Total) Hours may be moved between tasks to respond to changing conditions and work -flow prioritization, with City permission. 5 25D-9 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE: APPROVE AGREEMENT WITH LINEAR SYSTEMS FOR ANNUAL MAINTENANCE AND SUPPORT OF POLICE DIGITAL IMAGING SYSTEM IN THE AMOUNT OF $77,304.19 (GENERAL FUND) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sl Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute a three-year agreement with Linear Systems for the maintenance and support of the Police Department's Digital Imaging Management System (DIMS), for the period of July 1, 2020 through June 30, 2023, in an amount not to exceed $77,304.19, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Department's Digital Imaging Management System (DIMS) was purchased in 2004 using Urban Area Security Initiative (UASI) funds and allows crime scene images to be captured and stored digitally. It currently houses over six -hundred thousand crime scene photographs and countless hours of crime scene video and audio footage. This system is a compulsory investigative tool that assists in the successful documentation of extensive crime scenes. The DIMS system used by the Police Department was developed by Linear, thereby making Linear a proprietary source for system maintenance and updates. The DIMS system is of paramount importance to criminal investigations and its maintenance, continued security, and storage redundancy is essential for the Forensic Services section. The current vendor, Linear Systems, has been accommodating, professional and consistent in its servicing of the system and staff recommends renewal of their agreement. The agreement will be for a three-year term of service and maintenance for $54,000, and includes replacement of a non- operational disc -producer for $6,799.19, a $10,000 contingency for unanticipated system modifications, and $7,500 for consumables necessary to the system over a three-year period. The total agreement amount after the Linear Systems Preferred Customer Discount Program discount of $995 is applied is $77,304.19. Three three-year maintenance fee will be made in three annual installments of $18,000 per year. The three-year term will cover the period of July 1, 2020 through June 30, 2023. The Police Department has begun an extensive records management software integration that has the potential to replace the DIMS system. Until that project is complete and full integration is evaluated, the DIMS system must remain operational. This agreement will include a termination provision that will provide the Police Department with the option g6rirorting service prior to June, 30, 2023. Agreement with Linear Systems June 16, 2020 Page 2 FISCAL IMPACT Funds will be budgeted in the Police Department's FY 2020-21 Forensic Services contract services account for the following fiscal years as follows: Fiscal Year Accounting Unit - Account# Accounting Unit, Account Description Amount FY 2020-21 01114455 62300 Forensic Services - Contract Services 30,632.53 FY 2021-22 01114455 62300 Forensic Services - Contract Services 23,833.33 FY 2022-23 01114455 62300 Forensic Services - Contract Services 22,838.33 Total 77, 304.19 Exhibit: 1. Agreement with Linear Systems 25E-2 Exhibit I MAINTENANCE AND SUPPORT AGREEMENT FOR THE DIGITAL, IMAGING MANAGEMENT SYSTEM (DIMS) WITH LINEAR SYSTEMS, INC. TI11S AGREENiENT is made and entered into on this2`d day of June, 2020 by and between Linear Systems, Inc., a California corporation ("Consultant"), and the City- of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of providing a maintenance to and support as necessary for the Police Department's digital imaging management system (DIMS) which maintains photographic, video and audio evidence for the Police Departnent. B. Consultant represents that it is able and willing to provide such services to the City and has provided maintenance and support for the DIMS system since it was originally purchased by the City in 2004. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant tinder this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. Nt3d'1N' THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide maintenance and support as needed to the DIMS system as outlined in the attached Exhibit A. This shall include replacement of the current nonoperationai disc -producing systern, provision of related consumables (on an annual basis), and a three-year warranty during the term of the Agreement for the DIMS solution service. It shall also include on - site maintenance and support for the data base case management rack server, PDD library and digital output devices. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified and outlined in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $77,304.14 The sot- to -exceed mount iucludcs it base amount of $67,304.19 and a S10,000 contingency amount to pay for services/goods requisitioned at the sole discretion of the City. Services shall be paid in annual installments as detailed in Exhibit A. Page 1 of S 40832v2 25E-3 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 which may reasonably be expected by City, 3. TERM This Agreement shall commence on July 1, 2020 and continue for a three-year term wrtil June 30. 2023, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 tine City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copy ights, 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 it non-exclusive aurt 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 Docurnnents and Data at any time, provided that any sueh use not within the purposes intended by this Agreement shall be at City's sole risk. 8, INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insuredde, s) and shall inclubut not be limited to protection against claims arising from bodily and personal miuy, Page 2 of 8 440832v2 25E-4 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, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City, and (,c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, 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 fur the cnikc pcti.od 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. NN,here 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. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant, faits or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required pivol' that insurance has been procured and is in force and paid for. the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification Page 3 of S #40832v2 25E-5 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 defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its 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 clue by reason of the terms of or effects arising fro n 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 (lie City, regarding any action by athird 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 fi-om this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding, Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above 'indemnity shall be limited, to the extent required by Civil Code Section 278<,8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contactor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for irtfringeureut of any United States letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoinry 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. Consultan( 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, docu vents, 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. Page 4 of 8 840832v2 25E-6 10. CONFIDENTIALTTY 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 shal i 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 (c) is independently developed by the Consultant without reference to information disclosed by the Citv. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information; or military= and veteran status, age, national origin,, ancestry, or disabi'Lity, as defined and prohibited by applicable law, in the recruitment- selection, teaching, training, utilization, promotion, termination or oilier employment related activities or any services provided 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the. City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any teams 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 otherswise„ have been made by arry parry, or anyone acting on behalf of any Party, which is not embodied herein. Page 5 of S #40332v2 25E-7 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 Carj 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. This agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product 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. Payvnent need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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. JURISDICTION -VENUE This Agreement has been executed and delivered in the. State of Califomia and the validity, interpretation, performance, and enforcement of any of the causes of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shalt, 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 Page 6 of 8 ,140832Q 25E-8 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. 1% NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first Class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: TO City: Clerk, of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax:'714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 20 Civic Center Plaza (v1-97) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-245-8007 To Contractor_ Linear Systems. Inc. 8403 Maple Place Rancho Cucamonga, CA 91730 Fax:909-899-4346 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 (1) 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 r enty-four (24) hours after the time set forth on the lansrnission 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. Page 7 of S #4083U2 25E-9 20. 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 WHERF..OF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ....... ........... Daisy Gomez Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO LINEAR SYSTEMS, INC.: City Attorney By:1 Tamara Bogosian By: Assistant City Attorney Title: i _ ? -% RECOMMENDED FOR APPROVAL: David Valentin Chief of Policy Page 8 of 8 40832v2 25E-10 Exhibit A Santa Ana Police Department DIMS Annual Support Contract (1 Year X3) Equipment Phase Quanfity Unit$ Exteaded$ DiglarIInfo rmation Management System Solution Service 1 Year Hardware Maintenance & Support Agreement Lin earl year on -site maintenan ce&support for Database Case Mmagem ent Rack Server 1 $0.00 $0.00 Linear Systems 1 year #LS-6200XR DIMS CMS 48.0TB 9072001125 1 $0.00 $0.00 Lin ear Systems l year #LS-600XR DIMS (RNSS) 48. 0TB9072001126 1 $0.00 $0.00 Lin ear Systems l year #LS-6200XRDIMS (Failsafe RNSS) 48. 0TB9072001127 1 $0.00 $0.00 Lin ear Systems l year #LS-200 Workstation Tower SN: 9072 014 61 1. $0.00 $0.00 Linear Systems 1 year depot warranty for Linear Systems #LS-125 DIMS Acquire Station 5 $0.00 $0.00 #07201138,#07201139,#072001140,#072001141,#072001128 Lin ear Systems l year Software telephon a supp oft with version upgrades 1. $0.00 $0.00 Lin earl year on -site maintenan ce& support for D igital Output D evices 1 $0.00 $0.00 *** Warranty to Cover From 7/l/2020 through 6/30/2021 *** DiglarIInfo rmation Management System Solution Service MM 1 Year Hardware Maintenance & Support Agreement Lin earl year on -site maintenan ce&support for Database Case Mmagem ent Rack Server 1 $0.00 $0.00 Linear Systems 1 year #LS-6200XR DIMS CMS 48.0TB 9072001125 1. $0.00 $0.00 Lin ear Systems l year #LS-600XR DIMS (RNSS) 48. 0TB9072001126 1 $0.00 $0.00 Lin ear Systems l year #LS-6200XRDIMS (Failsafe RNSS) 48. 0TB9072001127 1 $0.00 $0.00 Lin ear Systems l year #LS-200 Workstation Tower SN: 9072 014 61 1. $0.00 $0.00 Linear Systems 1 year depot warranty for Linear Systems #LS-125 DIMS Acquire Station 5 $0.00 $0.00 #07201138,#07201139,#072001140,#072001141,#072001128 Lin ear Systems l year Software telephon a supp oft with version upgrades 1 $0.00 $0.00 Lin earl year on -site maintenan ce& support for D igital Output D evices 1 $0.00 $0.00 *** Warranty to Cover From 7/l/2021 through 6/30/2022 *** DiglarIInfo rmation Management System Solution Service MW 1 Year Hardware Maintenance & Support Agreement Lin earl year on -site maintenan ce&support for Database Case Mmagem ent Rack Server 1. $0.00 $0.00 Linear Systems 1 year #LS-6200XR DIMS CMS 48.0TB 9072001125 1 $0.00 $0.00 Lin ear Systems l year #LS-600XR DIMS (RNSS) 48. 0TB9072001126 1 $0.00 $0.00 Lin ear Systems l year #LS-6200XRDIMS (Failsafe RNSS) 48. 0TB9072001127 1. $0.00 $0.00 Lin ear Systems l year #LS-200 Workstation Tower SN: 9072 014 61 1 $0.00 $0.00 Linear Systems 1 year depot warranty for Linear Systems #LS-125 DIMS Acquire Station 5 $0.00 $0.00 #07201138,#07201139,#072001140,#072001141,#072001128 Lin ear Systems l year Software telephon a supp oft with version upgrades 1 $0.00 $0.00 Lin earl year on -site maintenan ce& support for D igital Output D evices 1. $0.00 $0.00 *** Warranty to Cover From 7/l/2022 through 6/30/2023 *** DiglarIInfo rmation Management System Output Solution MM DIMS Blu-Ray Authoring Server Soluiton w/ 100 disc capacity 1440 dpi inkjet color photographic print ontput Epson 1 $3,200.00 $3,200.00 lx BD-R SL, BD-R DL Maximum: 6x 1 $0.00 $0.00 DIMS Direct Publish Printer(requires DIMS) 1 $995.00 Media start up - 1 complete set of ink, 100 DVDR, 100 CDR 1 $300.00 $300.00 Custom templates w/ DIMS interlink for DVD CD print 1 $1,000.00 $1,000.00 Upgrade to: l Year Rapid Exchange Warranty(3 yews max) ** 11:...T..:. n e,...:..e....u. +r......... ,** 3 $299.00 $897.00 Total With Epson Disc Producer ( Disk Producer is a one time purchase, not recurring. ) Linear Systems Preferred Customer Discount Program (donation using Market Development Funds 2020) No Enron, & Omissions Coverage Subtotal Sales I. on Disc Producer Solution Shipping Total ** The payment for each year can be made as annual installments for each maintenance period. Linear Systems, Inc. Rancho Cucamonga, CA L71Q"AR SYS`TF.'m ' ® Qm*aa, 909-8994345 ems. 909-8994346 fax Law Evsoucri Dirism, contra Honer -livesystem cam Kyle Meyer Kmeverabnear-Sbslems com 5/19/2020 1 49 PM Total $ No $0.00 $23,397.00 9.25% $407.19 $0.00 $23,804.19 Valid until: 8/17/2020 Terns: N-30 Ship Via: Truck 25E-11 Santa Ana Police Department Consumables 1 Year X3 Equipment Digital Information Management System Solution Service 1 Year Department Equipment Consumables 2020-2021 Rim age Disk Producer Consumables Epson PP-100III Consumables DNP Consumables Consumables include but are not limited to: DVDr CDr Replacement Ink Replacement Retransfer Ribbon Photo Quality Print Paper *** Consumable Potential from 7/l/2020 thron Digital Information Management System Solution Service. 1 Year Department Equipment Consumables 2021-2022 Rim age Disk Producer Consumables Epson PP-100III Consumables DNP Consumables Consumables include but are not limited to: DVDr CDr Replacement Ink Replacement Retransfer Ribbon Photo Quality Print Paper *** Consumable Potential from 7/l/2021 thron Digital Information Management System Solution Service 1 Year Department Equipment Consumables 2022 2023 Rim age Disk Producer Consumables Epson PP-100III Consumables DNP Consumables Consumables include but are not limited to: DVDr CDr Replacement Ink Replacement Retransfer Ribbon Photo Quality Print Paper *** Warranty to Cover From 7/l/2022 thron Total Per Year No Errors & Omissions Coverage Subtotal Sales Tax Shipping Total Per Year ** The payment for each year can be made as consumables are needed.** 4/13/2020 1 49 PM Phase Quantity Unit$ Extended$ Total$ $2,SOO.OP 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 0 $0.00 $0.00 0 $0.00 $0.00 6/30/2021 "'** 6/30/2022 *** 6/30/2023 *** 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 0 $0.00 $0.00 0 $0.00 $0.00 Linear Systems, Inc. Rancho Cucamonga, CA �Y. LiN�f�R Si�iSTTiiM�. ® Qmmany Kyle Meyer 909-8994345 Em, Kmevera Linear Sbstems com 909-8994346 fax Law Enrorsre.or ....... cmnaa H.W,r ww.lin - system Exhibit A - Page 2 No $0.00 $2,500.00 9.25% $0.00 $0.00 $2,500.00 Valid until: 7/12/2020 Terms: N-30 Ship Via: Truck 25E-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE APPROVE SECOND AMENDMENT TO THE SANTA ANA POLICE OFFICERS ASSOCIATION MOU CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the Memorandum of Understanding (MOU) with the Santa Ana Police Officers Association (POA) to defer the salary increase scheduled for July 1, 2020, extend the length of the existing contract and make a one-time additional City contribution to the Retiree Health fund. DISCUSSION The POA has collaborated with the City to restructure certain provisions of the POA MOU to create cost -saving measures for the upcoming fiscal year in light of the economic impacts of COVID-19. These measures will effect reductions in salary costs to the City, extend the length of the MOU by six months, and implement a one-time increase in the City's contribution to the POA's Retiree Health fund. The current contract, which is effective July 1, 2018 through June 30, 2021, provides a 4% base salary increase to all POA members effective July 1, 2020. This is the final salary increase scheduled during the term of this MOU. In the negotiated adjustment to this agreement, the 4% salary increase will be reduced and deferred to January 1, 2021 where the members will receive only a 2% salary increase. This deferral and lower increase will result in an estimated savings of $2,337,160 for the upcoming fiscal year. In addition, the MOU will be extended by six months into Fiscal Year 2021-22 where the remaining 2% of salary increase will take place on July 1, 2021. In addition, the City will provide a one-time 2% lump sum contribution to the Retiree Health fund. STRATEGIC PLAN ALIGNMENT Approval of item allows the City to meet Goal #7 — Team Santa Ana, Objective #5, Create a culture of innovation and efficiency within the organization and Objective #6, Provide a positive workplace environment that supports the health of its employees and celebrates its success. FISCAL IMPACT The proposed FY20-21 budget includes the $2,337,160 savings noted above. The additional cost for the following year (FY21-22) is $1,508,194 for the 2% increase on July 1, 2021, and $1,226,321 for the 2% lump -sum contribution to the Retiree Health fund. The General Fund carries 97% of the budget for the POA, and restricted funds carry the remaining 3%. 25F-1 Santa Ana Police Officers Association Amendment June 16, 2020 Page 2 25F-2 SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE OFFICERS ASSOCIATION FOR FISCAL YEARS 2018-2021 THIS SECOND AMENDMENT to the above -referenced Memorandum of Understanding is entered into on June 16, 2020 by and between the Santa Ana Police Officers Association, a recognized employee bargaining group ("POA") 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")(collectively referred to as "the Parties"). RECITALS A. The Santa Ana City Council approved the Memorandum of Understanding ("MOU") for the period July 1, 2018 —June 30, 2021 between the City and POA on February 5, 2019. B. On April 9, 2019, the Parties agreed to modify Article 5.6 of the MOU regarding correctional officer shift assignments. C. The parties have met and agreed to extend the MOU for an additional six months to December 31, 2021 and amend the MOU provisions as set forth below. The Parties therefore agree: Article IV, 4.3 SALARY ADJUSTMENTS A. Section 4.3 is amended to delete the following language: Effective in the pay period, which includes July 1, 2020, the base salary of employees covered by this MOU shall be increased by eight (8) salary rate ranges (approximately 4.0%). B. Section 4.3 is amended to add the following language: Effective in the pay period, which includes January 1, 2021, the base salary of employees covered by this MOU shall be increased by four (4) salary rate ranges (approximately 2.0%). Effective in the pay period, which includes July 1, 2021, the base salary of employees covered by this MOU shall be increased by four (4) salary rate ranges (approximately 2.0%). Second Amendment to Memorandum of Understanding Between the City of Santa Ana and the Santa Ana Police Officers Association for Fiscal Years 2018-2021 250-3 2. Article XII, 12.2 RETIREE HEALTH CONTRIBUTION, is amended to add the following language: Effective October 1, 2021, the City shall contribute a one-time additional two (2) percent lump sum contribution to the Retiree Health Contribution fund for each active employee who is covered by this MOU as of October 1, 2021. 3. Article XXV, 25.1 TERM, will be amended to read as follows (deleted language is stricken and new language is underlined): The term of this MOU shall be from July 1, 2018 through December 31 lime 20, 2021. 4. Except as modified by this Second Amendment, all terms and conditions of the Memorandum of Understanding as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have execute this Second Amendment to the Memorandum of Understanding on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council [Signatures continue on the next page] CITY OF SANTA ANA MIGUEL PULIDO Mayor KRISTINE RIDGE City Manager STEVEN V. PHAM Executive Director of Human Resources Second Amendment to Memorandum of Understanding Between the City of Santa Ana and the Santa Ana Police Officers Association for Fiscal Years 2018-2021 250-4 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: A. LAURAA. ROSSINI Acting Chief Assistant City Attorney SANTA ANA POLICE OFFICERS ASSOCIATION GERRY SERRANO POA President Second Amendment to Memorandum of Understanding Between the City of Santa Ana and the Santa Ana Police Officers Association for Fiscal Years 2018-2021 250-5 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE: AWARD A PURCHASE ORDER IN THE AMOUNT OF $311,111.23 TO TOLAR MANUFACTURING FOR BUS STOP TRASH CONTAINERS AND BENCHES (GENERAL FUND) /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Tolar Manufacturing for 134 bus benches and 155 trash containers in an amount not to exceed $311,111.23, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency is responsible for the acquisition, maintenance, repair, and replacement of bus stop furniture, including shelters, benches and trash containers. The bus stop furniture located at stops without shelters was purchased in 2000, and is suffering from metal fatigue. Many benches have been removed, as they are unrepairable. Given that the City of Santa Ana has one of the highest ridership's in the County of Orange it is imperative that benches are replaced and maintained. Staff recommends purchasing replacement bus benches as well as trash containers. This contract award will provide 134 benches and 134 trash containers for bus stops and 21 trash containers for Downtown Santa Ana. The FY 2019-20 budget includes funding for replacement of benches and trash containers that have reached the end of their useful life. It is expected that the new benches and trash containers will go into service in the fall of 2020. Due to the unique style of the shelter furniture, this contract will be awarded through an exception to the Competitive Bidding Process. The City's current bus shelter and furniture manufacturer, Tolar Manufacturing, was selected to supply the bus benches and trash containers in order for the furniture to match the distinctive shelter design. The quote submitted from Tolar Manufacturing is appropriate and responsive to the City's requirements (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 - Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). 29A-1 Award Purchase Order for Bus Stop Furniture June 16, 2020 Page 2 FISCAL IMPACT Funds for this purchase are available in the following General Fund account: Accounting Fund Accounting Unit, Account Fiscal Year Amount Unit -Account # Description Description Bus Shelter Program, FY 0 01117621-62300 General Fund Contract Services $311,111.23 June June Professional Total: $311,111.23 1►691IAIIAFLy:1 Exhibit: 1. Bus Furniture Quote 29A-2 EXHIBIT 1 TOLAR 258 Mariah Circle Corona, CA 92879 (951)808-0081 www.tolarmfg.com info@tolarmfg.com Customer: Project: Christy Kindig Bench and trash Project Manager -Public Works receptacle pricing - City of Santa Ana Revised 20 Civic Center Plaza M-21 Santa Ana, CA 92702 Quote No: 20147PMR1 Date: 05/27/2020 Quote Expires: 30 Days Sales Contact: Patrick Merrick Phone: 951-547-8209 Email: pmerrickaJolarmfg.com Lead Time: 12 Weeks From receipt of signed written order, and all required approvals. Terms: Net 30 Days From Invoice Terms subject to change. Final terms to be determined based on credit history & bonding. Item: I Qty. I Description: Unit Price: Ext. Price: 1 134 6' Steel Strap Bench with back, city branding (Model 37824-111), two seat $ 980.00 $ 131,320.00 delineators, premium durable baked powder coat finish process with sandblast and pretreat process, zinc anchors 2 134 32 Gallon steel strap trash receptacle with hard rubber liner, hinged and lockable $ 990.00 $ 132,660.00 door -lock by others, (Model 32915-111), premium, durable baked powder coat finish process with sandblast and pretreat process, zinc anchors 5 21 32 Gallon steel strap trash receptacle with hard rubber liner, hinged and lockable $ 990.00 $ 20,790.00 door -lock by others, (Model 32915-111), premium, durable baked powder coat finish process with sandblast and pretreat process, zinc anchors Quote / Order Authorized By: Sub -Total: $ 284,770.00 ESTIMATED Freight: FIRM Freight: $ - 20 Unit Sets Per Shipment TOLAR Delivery: CA State Sales Tax 9.25% $ 26,341.23 Total: $ 311,111.23 Pricing Notes: 1. Local/State sales and/or use taxes are not induded and are the responsibility of the purchaser, unless specified above. 2. If requested, structural engineering calculations from a licensed engineer in the state of installation are additional cost of $1,200.00 per design/model. 3. Products are shipped knock dawn & unassembled in bulk packaging for unloading and installation by others. Hardware boxed by unit. Installation instructions are provided. 4. Freight cost is an ESTIMATE ONLY. Freight is invoiced at actual cost without mark up, at time of shipment unless specified above. 5. Client provides unloading at destination, including forklift and labor as necessary. 6. Processing fee of 3%of total charge amount is additional and charged on all credit card payments. Standard Terms and Conditions These Tens and Conditions are attached to and incorporated by reference into the Proposal for products or services ("Proposal") provided by Toler Manufacturing Company, Inc. (W%"ouf'or"us"). Page 1 of 2 29A-3 Initials: TOLAR 258 Mariah Circle Corona, CA 92879 (951)808-0081 www.tolarmfg.com info@tolarmfg.com Customer: Project: Christy Kindig Bench and trash Project Manager -Public Works receptacle pricing - City of Santa Ana Revised 20 Civic Center Plaza M-21 Santa Ana, CA 92702 Quote No: 20147PMR1 Date: 05/27/2020 Quote Expires: 30 Days Sales Contact: Patrick Merrick Phone: 951-547-8209 Email: pmerrick@tolarmfg.com Lead Time: 12 Weeks From receipt of signed written order, and all required approvals. Terms: Net 30 Days From Invoice Terms subject to change. Final terms to be determined based on credit history & bonding. Item: I Qty. I Description: Unit Price: Ext. Price: 1. Drawings and Specifications: All drawings and specifications submitted to our clients or potential clients are proprietary in nature and remain our property. They may be viewed, printed and distributed, without alteration, as reference for sales or for the process of specifying products for use. Detailed shop and erection drawings are provided to allow for field installation or repair. Sealed and stamped engineering calculations and drawings from an engineer licensed in the state of installation, if required, can be made available for an additional charge. Customers that provide their own drawing packages will retain ownership and be covered under a separate agreement. 2. Vendor Status: Toler Manufacturing Company, Inc. is a vendor supplier of manufactured products; is not a subcontractor or contractor, and is not subject to retainage or liquidated damages for any reason. 3. Payment Tens: Payment tens for services rendered or products manufactured by us shall be determined by us based on our determination of the credit worthiness of buyer and may require a deposit at time of order. Products are invoiced as shipped. 4. Late Payment Penalty: Buyer agrees to pay a charge equal to the lesser of (i) the highest rate allowable by law or (ii) 1.5 % per month (18 % per annum) on the unpaid balance with respect to any late payments. In addition, buyer will pay all our costs and expenses, including actual attorney's fees, incurred in connection with enforcing the Proposal and/or collecting any past due payments. In the event buyer fails to make any payment when due, we have the right of setoff, the right to terminate the Proposal and/or to suspend further deliveries to buyer and the right to recover damages in addition to any other remedies available to us as a matter of law. Buyer has no right to setoff. 5. Cancellation: If an order is cancelled by buyer after receipt of order authorization, and cancellation fee of 10 % of order value may be assessed to the buyer, in addition to an the cost of materials purchased for the order, which may be invoiced to the buyer at time of cancellation. 6. Delivery, Title and Receipt: Unless otherwise provided in the proposal, all shelters are prefabricated and shipped knockdown and in bulk format (not packaged individually) for ease of handling and fast on -site installation. Neither buyer nor consignee shall have the right to direct or re -consign the goods to any other destination without our consent. All sales of products are F.O.B. our plant. Risk of loss of the products shall transfer to buyer upon delivery of the products to the common carrier. 7. Delivery Charges: Unless otherwise provided in the Proposal, buyer shall bear all the costs of transportation, including without limitation loading, unloading, storage, and freight charge. All delivery quotes allow for an approximate 2-hour unload window for a full truck. If this window is exceeded, additional charges may apply. All price quotes given for delivery are based on estimates obtained at the time the quote was requested. Actual freight charges may vary. 8. Delivery Dates: Any delivery date(s) or period of delivery provided for in the Proposal is approximate and does not guarantee a particular dates) or period of delivery. Estimated lead times are provided in the quote. Under no circumstances will we be liable for delay in delivery occasioned in whole or in part, by fire, flood, explosion, casualty, riot, strike, embargo, transportation delay, breakdown, accident, act of God or the public enemy, government authority, by our inability to secure materials, fuel, supply power or shipping space or any other circumstances beyond our reasonable control. 9. Delayed Shipment: If buyer delays shipment, we may invoice for products when ready for shipment and, at our option, we may charge reasonable daily storage fees. 10. International Freight: We require the services of freight forwarder for all international shipments. Buyer may select the freight forwarder, subject to our approval. All fees, taxes and additional charges, in addition to the actual freight costs, are the responsibility of buyer. 11. Returns: Due to the custom nature of our products, we cannot accept returns and we cannot permit cancellations once work has commenced. 12. Manufacturer's Warranty: Our manufacturer's warranty is set forth in a separate document. 13. Limitation of Liability: WE ARE NOT LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL, INCLUDING LOST PROFITS, LOSS OR USE, LOSS OF REVENUE OR COST OF CAPITAL. EXCEPT FOR PERSONAL INJURY OR DEATH DUE TO OUR MISCONDUCT, BUYER AGREES THAT THE TOTAL DAMAGES THAT CAN BE AWARDED IN ANY CLAIM BY BUYER RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL PAID BY BUYER TO US UNDER THE PROPOSAL. BUYER AGREES THAT THE ABOVE LIMITATIONS ON LIABILITY PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT EVEN IF IT IS FOUND THAT BUYER'S EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 14. Governing Law, Jurisdiction and Venue: The Proposal shall be governed by and construed in accordance with the laws of the State of California without reference to the choice of law principles thereof. Each party irrevocably submits to the jurisdiction of the Courts of the State of California and the United States District Court for the Central District of California. 15. Amendment: No amendments to these Terms and Conditions can be made unless submitted in writing to us and signed and accepted by our President or his designee. 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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE ADOPT A RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2020-21, AS REQUIRED BY STATE LAW /s/ Kristine CITY MANAGER 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 RECOMMENDED ACTION Adopt a resolution establishing the appropriation limit for Fiscal Year 2020-21, as required by State law. DISCUSSION The State of California Constitution includes various provisions, which impose a limit ("the GANN Limit") on tax proceeds that may be appropriated for expenditures by a local government in any given fiscal year and requires the cities establish this limit by resolution. Adoption of the subject resolution is necessary for compliance with these provisions for the fiscal year ending June 30, 2021. Furthermore, Section 13-90 of the Santa Ana Municipal Code requires the creation of excess Proceeds of Taxes Reserve Fund (Reserve Fund); for the purpose of providing separate accounting of Proceeds of Taxes (Proceeds) received in a fiscal year prior to the period in which they are expended. The City appropriates Proceeds in the same fiscal year during the period anticipated to be received, and therefore creation of the Reserve Fund is not necessary for the Fiscal Year 2020-21. In Fiscal Year 2018-19, the Proceeds of Taxes were $201,108,983 and the actual General Fund expenditures were $261,267,259. As detailed in the exhibits to the subject resolution, the City's spending limitation from "Proceeds of Taxes" is calculated to be $1,174,757,149 (Exhibit 1) for Fiscal Year 2020-21. This represents the permitted growth rate factor of 1.0373 times the Fiscal Year 2019-20 appropriations limit of $1,132,077,815. The funds constrained by the appropriations limit include the General Fund, the Capital Outlay Fund, and Special Revenue Funds. Additionally, Exhibit 1 identifies the factors used to determine the allowable increase from the prior year; Exhibit 2 categorizes FY 2020-21 anticipated revenues from "Proceeds of Taxes" and "Non - Proceeds of Taxes"; and Exhibit 3 computes the Fiscal Year 2020-2021 appropriations subject to this limitation and also identifies the difference between the limit and the budgeted appropriation. As demonstrated in Exhibit 3, the City's anticipated Fiscal Year 2020-21 appropriation subject to limitation is $233,976,657, which is $940,780,492 below the Gann Limit (allowable limit). 55A-1 Resolution Establishing the Appropriation Limit June 16, 2020 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal # 4 - City Financial Stability, Objective # 1 (maintain a stable, efficient and transparent financial environment), Strategy D (develop a fiscal health analysis tool that informs a department of its financial position in order to assist in its decision making process). FISCAL IMPACT There is no fiscal impact associated with this action. Exhibits: 1. Computation of Appropriation Limit 2. Schedule to Categorize Anticipated Revenues 3. Appropriation Subject to Limitation 4. Resolution 55A-2 EXHIBIT 7 EXHIBIT 1 COMPUTATION OF APPROPRIATION LIMIT FOR FISCAL YEAR ENDING JUNE 30, 2021 Fiscal Year 2019-20 Appropriations Limit California Per Capita Personal Income: Converted into a Factor Population Growth: Converted into a Factor: Calculation of factor for fiscal year 2020-21 (1.0373 x 1.0004): $ 1,132,077,815 3.730% * 1.0373 0.04% * 1.0004 1.0377 Fiscal Year 2020-21 Appropriations Limit $ 1,174,757,149 * Source: State of California, Department of Finance, Price and Population Information - FY 2020-21 55A-3 EXHIBIT 2 EXHIBIT 2 SCHEDULE TO CATEGORIZE ANTICIPATED REVENUES FOR FISCAL YEAR ENDING JUNE 30, 2021 REVENUE TAXES: Property Tax Sales Tax Hotel Visitors' Tax Business Tax Documentary Stamp Tax Utility Users' Tax Medical Marijuana/Cannabis Tax Total Taxes FROM STATE: State Motor Vehicle License Homeowner Prop Tax Subvention State Gas Tax SB90 Reimbursements State Grants Total State OTHER GOVERNMENT: Community Development (CDBG) Urban Area Security Initiative Grant Social Services Agency Grant Housing (Section 8) Workforce Investment Act Measure M, Street Grants Civic Center and Park Program Income Other Federal Grants Total Other Government PROCEEDS OF TAXES $ 88,942,800 $ 100,524,800 5,730,000 9,210,000 1,175, 600 24,300,000 10,675,000 240,558,200 178,400 211,600 390,000 NON -PROCEEDS OF TAXES 14,152,910 88,000 11, 769,120 26, 010, 030 6,236,470 3,890,790 838,970 42, 647, 310 2,387,100 5,676,420 7,677,270 313,400 2,896,910 72, 564, 640 TOTALS $ 88, 942, 800 100, 524, 800 5,730,000 9,210,000 1,175, 600 24, 300, 000 10, 675, 000 240, 558, 200 178,400 211,600 14,152,910 88,000 11, 769,120 26, 400, 030 6,236,470 3,890,790 838,970 42, 647, 310 2,387,100 5,676,420 7,677,270 313,400 2,896,910 72, 564, 640 55A-4 Exhibit 2 Continued REVENUE LOCALLY RAISED: Licenses and Permits Franchise Fees Fines and Forfeitures Charges for Services From Use of Property Others Others - Inter -Agency Total Locally Raised OTHER MISCELLANEOUS: Donation Expense Reimbursements Indirect Cost Recovery Interfund Transfers Total Other Miscellaneous FROM USE OF MONEY: Earnings on Investment PROCEEDS OF TAXES NON -PROCEEDS OF TAXES 5,783,730 12,166, 000 4,789,730 25, 839, 230 17, 396, 930 1,000 4,572,700 70, 549, 320 162,000 3,972,890 6,597,150 14, 988, 730 25, 720, 770 TOTALS 5,783,730 12,166, 000 4,789,730 25, 839, 230 17, 396, 930 1,000 4,572,700 70, 549, 320 162,000 3,972,890 6,597,150 14, 988, 730 25, 720, 770 660,475 573,135 1,233,610 TOTAL REVENUES $ 241,608,675 $ 195,417,895 $ 437,026,570 55A-5 EXHIBIT 3 EXHIBIT 3 APPROPRIATION SUBJECT TO LIMITATION FOR FISCAL YEAR ENDING JUNE 30, 2021 Proceeds of taxes Less: Exclusions Appropriation subject to limitation Current year limit Over(under) limit $ 241,608,675 (7,632,018) $ 233,976,657 1,174, 757,149 $ (940,780,492) y EXHIBIT 4 EXHIBIT 4 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2020-2021 ROH: 06/16/20 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. Article XIIIB of the Constitution of the State of California, adopted by the voters of the State of California in 1979, imposes upon State and local government the obligation to limit each fiscal year's appropriations to those established in fiscal year 1978-79 as adjusted for by inflation and population, together with other specified changes required or permitted. B. In June of 1990, the voters of the State of California approved Proposition 111, which amended Article XIIIB to establish the limit originally calculated for fiscal year 1986-87 as a new adjustment base, and to change the definition of the cost of living to be either the percentage change in California per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year for the jurisdiction due to the addition of local non-residential new construction. C. Proposition 111 further modified Article XIIIB requirements by making certain capital outlay, debt service, emergency and court ordered expenditures not subject to the limit, and by allowing expenditures in excess of one year's limit to be offset by under expenditures in an immediately following year. D. The City of Santa Ana has opted to use as the inflation adjustment factor, the percentage change in the California per capita personal income from the preceding year. E. The City of Santa Ana has opted to use as the population adjustment factor, the County's percentage change in population from the preceding year. F. Section 7910 of the Government Code of the State of California requires the governing body of each local jurisdiction each year to, by resolution, establish its appropriations limit and make other necessary determinations for the following fiscal year pursuant to Article XIIIB of the California Resolution 2020- 55A-7 Page 1 of 3 Constitution at a regularly scheduled meeting or noticed special meeting. Fifteen days prior to the meeting, documentation used in the determination of the appropriations limit and other necessary determinations shall be available to the public. G. This matter came before the City Council at its regularly scheduled meeting of June 16, 2020. H. The Executive Director of the Finance and Management Services Agency of the City of Santa Ana has determined the City's appropriation limit for fiscal year 2020-2021 in accordance with said provisions of the Constitution and laws of the State of California, and the documentation used in the determination has been available to the public since not later than June 1, 2020, in the office of the Executive Director of the Finance and Management Services Agency. Section 2. Based upon the above referenced facts, and all facts specified in the accompanying Request for Council Action and its attachments, and each of them, the appropriation limit of the City of Santa Ana for fiscal year 2020-2021 is hereby found and determined to be $1,174,757,149. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 12020. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Ryan 0.1 od e Assistan City Attorney Miguel A. Pulido Mayor Resolution 2020- 55A-8 Page 2 of 3 AYES: Councilmembers NOES: Councilmembers IG1:i.��G11►��i.11IM, 1i 1ii1TM NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020- to be the original resolution adopted by the City Council of the City of Santa Ana on June 16, 2020. Date: Clerk of the Council City of Santa Ana A Resolution 2020- 55A-9 Page 3 of 3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE: ADOPT RESOLUTIONS CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN AND LOCAL SIGNAL SYNCHRONIZATION PLAN IN ORDER TO MAINTAIN MEASURE M2 FUNDING ELIGIBILITY /s/ Kristine Ridge CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution confirming the status and update of the Pavement Management Plan per Orange County Transportation Authority 2020-21 Measure M2 eligibility requirements. 2. Adopt a resolution confirming the status and update of the City's 2020 Local Signal Synchronization Plan to maintain eligibility for Measure M2 Program funding. DISCUSSION In November 1990, Orange County voters approved Measure M, a one-half cent sales tax increase for 20 years, to fund transportation projects in Orange County. Sixteen years later, in November 2006, the voters again approved the Renewal of Measure M, referred to as M2, for an additional thirty years. M2 became effective in April 2011, and the net revenues generated by M2 contribute to two types of grant funding: Local Fair Share (LFS) and Competitive. All Orange County cities are eligible for LFS funding which is distributed on a formula -based allocation determined by population, number of existing Master Plan of Arterial Highways centerline miles, and taxable sales. Under the competitive component of M2 funding, Cities must compete and demonstrate support of regional transportation to successfully qualify for grant monies. Fulfilling M2 eligibility requirements also allows the City to qualify for other regional competitive OC Go M2 grant funding opportunities. The Orange County Transportation Authority (OCTA) determines annual eligibility for M2 funds based upon specific criteria that cities must meet prior to June 30 of every year. In order to maintain M2 eligibility for Fiscal Year 2020-21 (FY 20-21), the City must update, and adopt via resolution, a Pavement Management Plan (PMP) biennially (Exhibit 1). The PMP is the City's strategic plan to manage the preservation, rehabilitation, and maintenance of paved roads by analyzing pavement life cycles, assessing overall system performance costs, and determining alternative strategies and necessary costs to improve paved roads (Exhibit 2). A copy of the PMP with a certification must be submitted to OCTA by June 29, 2020. 55B-1 Resolutions for Pavement Management Plan and Local Signal Synchronization Plan Updates June 16, 2020 Page 2 Additionally, the City must update and adopt via resolution the Local Signal Synchronization Plan (LSSP) every three years (Exhibit 3). The LSSP is a planning document that helps guide traffic signal synchronization and related capital investment (Exhibit 4). The purpose of traffic signal synchronization is to relieve congestion on the arterial roadway system during peak traffic demand and avoid formation of gridlock conditions. Measure M2 includes a robust Regional Traffic Signal Synchronization funding program to aid in regional signal synchronization. The City's 2020 update to LSSP is required to be consistent with OCTA's Regional Traffic Signal Synchronization Master Plan, and must be affirmed via resolution by June 20, 2020, to continue eligibility for Net Revenues as part of Measure M2. 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 A (Develop a complete inventory of all assets to determine the scope of improvements needed to sustain the City's current infrastructure investment); 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 F (Perform periodic measurements to monitor and update each asset's condition and ensure adequate funding for repair and/or replacement costs in future budgets); and 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 The recommended actions will maintain the City's eligibility to receive Measure M2 funds. Upon meeting OCTA eligibility requirements, the City of Santa Ana is anticipated to receive an estimated $4.2 million in LFS funds and over $13 million in M2 competitive funds for FY 2020-21. In the past, the City has received an average exceeding of $16 million in annual awarded revenue from M2 LFS and competitive fund program allocations combined. If the recommended action is not taken, the City will lose Measure M2 local fair share revenue and eligibility to apply for various future OCTA comprehensive funding programs. NS/EWG/JG/HG Exhibits: 1. Resolution — Pavement Management Plan 2. 2020 Pavement Management Plan — may be reviewed at https://www.santa-ana.orq/pw/street-pavement-condition-maps 3. Resolution — Local Signal Synchronization Plan 4. 2020 Local Signal Synchronization Plan — may be reviewed at https://www.santa-ana.orq/pw/traffic-management-center 55B-2 jmf 5/13/20 EXHIBIT 1 RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2 PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTAANAAS 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 is required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority ("OCTA") in order to remain eligible to receive Measure M2 funds. B. On a biennial basis, the City of Santa Ana is required to adopt and update a Pavement Management Plan ("PMP"), using the required format, regarding the status of road pavement conditions and implementation of the PMP. C. The City of Santa Ana is required to provide a plan that manages the preservation, rehabilitation, and maintenance of paved roads by analyzing pavement life cycles, assessing overall system performance costs, and determining alternative strategies and costs necessary to improve paved roads. Section 2. The City Council hereby declares that the PMP is in conformance with the PMP Submittal Template provided in the Countywide Pavement Management Plan Guidelines. Section 3. The City of Santa Ana hereby adopts a PMP and has provided an updated PMP report, using the required format, to OCTA. Section 4. The City Council authorizes the Executive Director of the Public Works Agency, the City Engineer, or his or her designee to sign the PMP certification form. 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. Resolution No. 2020-XXX Page 1 of 2 55B-3 jmf 5/13/20 ADOPTED this day of 12020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: '�" -f-�& ohn M. Funk Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No. 2020- to be the original resolution adopted by the City Council of the City of Santa Ana on 12020. Date: Clerk of the Council City of Santa Ana Resolution No. 2020-XXX Page 2 of 2 55B-4 Wcn:11111lia 2020 Pavement Management Plan — may be reviewed at https://www.santa-ana.org/pw/street-pavement-condition- maps 55B-5 jmf 5/8/20 EXHIBIT 3 RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM WHEREAS, the Orange County Transportation Authority has developed the Regional Traffic Signal Synchronization Master Plan to identify traffic signal synchronization street routes and traffic signals within and across jurisdictional boundaries, and defines the means of implementing the Regional Traffic Signal Synchronization Program; and WHEREAS, the Regional Traffic Signal Synchronization Program requires that local agencies adopt a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local agencies' efforts to synchronizing traffic signals across local agencies' boundaries; and WHEREAS, the Local Signal Synchronization Plan must be updated by June 30, 2020 to continue to be eligible to receive Net Revenues as part of Measure M2. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City Santa Ana as follows: Section 1. The City adopts and maintains a Local Signal Synchronization Plan which includes goals that are consistent with those outlined as part of the Regional Signal Synchronization Master Plan, including signal synchronization across jurisdictions. Section 2. The Local Signal Synchronization Plan identifies traffic signal synchronization street routes, including all elements of the Regional Signal Synchronization Network located within the City. Section 3. The Local Signal Synchronization Plan includes the traffic signal inventory for all traffic signal synchronization street routes. Section 4. The Local Signal Synchronization Plan includes a three-year plan showing capital, operations, and maintenance of signal synchronization along the traffic signal synchronization street routes and traffic signals. Section 5. The Local Signal Synchronization Plan includes an update on the status and performance of traffic signal synchronization activities. Resolution No. 2020-XXX Page 1 of 3 55B-6 jmf 5/8/20 Section 6. The Local Signal Synchronization Plan includes a discussion on the review and revision, as may be necessary, on the timing of traffic signals on the traffic signal synchronization street routes. Section 7. 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 12020. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 7. -f�L ohn M. Funk Assistant City Attorney /G\'/X�OTOWM, I ,, 074 F, NOES: Councilmembers /G11.16-11 U110 Z.1iM, I1LaiilT4 F, NOT PRESENT: Councilmembers Miguel A. Pulido Mayor Resolution No. 2020-XXX Page 2 of 3 55B-7 jmf 5/8/20 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No. 2020- to be the original resolution adopted by the City Council of the City of Santa Ana on .2020. Date: Clerk of the Council City of Santa Ana Resolution No. 2020-XXX Page 3 of 3 55B-8 WAGII:IMA] 2020 Local Signal Synchronization Plan — may be reviewed at https://www.santa-ana.org/pw/traffic-management-center 55B-9 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE: ADOPT A RESOLUTION AUTHORIZING THE PLANNING DIVISION TO PREPARE AND PROVIDE NOTICE TO THE AIRPORT LAND USE COMMISSION IN ACCORDANCE WITH PUBLIC UTILITIES CODE SECTION 21676(b) FOR A PROPOSED MIXED - USE DEVELOPMENT PROJECT LOCATED AT 2300, 2310 AND 2320 SOUTH RED HILL AVENUE /s/ Kristine Ridge CITY MANAGER RECOMMENDED ACTION Adopt a resolution authorizing the Planning findings and determination overruling the Determination of Inconsistency associated CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Division to initiate the preparation and drafting of Orange County Airport Land Use Commission's with a proposed mixed -use development project located at 2300, 2310 and 2320 South Red Hill Avenue and to provide notice in accordance with Section 21676(b) of the Public Utilities Code to the Orange County Land Use Commission and the State of California Department of Transportation's Division of Aeronautics at least 45 days prior to the scheduled public hearing date for the City Council to consider the proposed project and proposed overruling. BACKGROUND AND DISCUSSION Jeremy Ogulnick, representing Arrimus Capital, is requesting approval of General Plan amendment (GPA No. 2020-02) and amendment application (zone change) (AA No. 2020-01) to facilitate the construction of a mixed -use development known as The Bowery at 2300, 2310, and 2320 South Red Hill Avenue. The development would consist of four primary buildings and two freestanding commercial pad buildings that would contain a total of 1,100 residential units and 80,000 square feet of leasable commercial area. Due to the need for a General Plan amendment, the project was required to be referred to the Airport Land Use Commission (ALUC) for a determination of consistency with their AELUP. On May 21, 2020, the ALUC held a public hearing on the project and found The Bowery project to be inconsistent with the AELUP for John Wayne Airport pursuant to AELUP Sections 1.2 and 2.1.4 and Public Utilities Code (PUC) Section 21674. These sections empower the ALUC "to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." 55C-1 The Bowery Mixed -Use Development Project June 16, 2020 Page 2 As a final review authority on legislative acts, the City Council may, after a public hearing, choose to overrule the ALUC's decision by following the procedure established in PUC Sections 21676 and 21676.5. The first step is to provide notice to ALUC and the Division ofAeronautics of the City's intention to overrule the ALUC's determination by providing them with a Notice of Intent at least 45 days in advance of the overruling action by the City Council. In turn, ALUC may provide comments to the City Council within 30 days of receiving the Notice of Intent. If ALUC's comments are not available within this time limit, the City Council may act without them. The comments by ALUC are advisory to the City Council. However, should comments be received, the City Council must include comments from ALUC in the public record of any final decision to overrule ALUC. The second step is to conduct a public hearing through which the City Council needs to make specific findings that the proposed overruling is consistent with the purposes stated in PUC Section 21670. The Council's adoption of this resolution is procedural and does not constitute the project's approval nor does it predispose the City's future action on the project or the decision to overrule or not. ENVIRONMENTAL REVIEW The City Council finds that the adoption of this resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action will not have a significant effect on the environment. Environmental Impact Report No. 2020-01 (SCH No. 2019080011) has been prepared for the proposed project as a whole and will be presented to the City Council for consideration, along with the requested General Plan amendment and amendment application, at a future hearing date. 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). FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit: 1. Authorization to Provide Notice 55C-2 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE PLANNING DIVISION TO INITIATE THE PREPARATION AND DRAFTING OF FINDINGS AND DETERMINATION OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY ASSOCIATED WITH A PROPOSED MIXED - USE DEVELOPMENT PROJECT LOCATED AT 2300, 2310 AND 2320 SOUTH REDHILL AND TO PROVIDE NOTICE IN ACCORDANCE WITH SECTION 21676(B) OF THE PUBLIC UTILITIES CODE TO THE ORANGE COUNTY LAND USE COMMISSION AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION'S DIVISION OF AERONAUTICS AT LEAST 45 DAYS PRIOR TO THE SCHEDULED PUBLIC HEARING DATE FOR THE PROPOSED PROJECT AND PROPOSED OVERRULING ACTION BY THE CITY COUNCIL 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. An application was filed by Jeremy Ogulnick, representing Arrimus Capital, requesting approval of a general plan amendment (GPA No. 2020-02) and amendment application (zone change) (AA No. 2020-01) to facilitate the construction of a mixed -use development known as "The Bowery". The proposed development would consist of four primary buildings and two commercial pad buildings that would contain 1,100 residential units and 80,000 square feet of leasable commercial area at 2300, 2310, and 2320 South Redhill Avenue. B. Public Utilities Code Section 21676(b) requires the City of Santa Ana to refer the proposed project to the Orange County Airport Land Use Commission (ALUC) for consistency with the 2008 John Wayne Airport Environs Land Use Plan. C. At a duly noticed public hearing on May 21, 2020, the ALUC found the proposed project to be inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (AELUP) on a 6-0 vote. ALUC's findings were made pursuant to AELUP Sections 1.2 and 2.1.4, and Public Utilities Code Section 21674. These sections empower the ALUC "to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and "to Resolution No. 2020-xx Page 1 of 4 55C-3 coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." D. As a final review authority on legislative acts, the City Council may, after a public hearing, choose to overrule the ALUC decision with a two-thirds vote of the City Council, if the City of Santa Ana makes specific findings that the proposed project is consistent with the purposes of Public Utilities Code Section 21676 and 21676.5. At least 45 days prior to the decision to overrule ALUC, the governing body shall provide ALUC and the State Division of Aeronautics a copy of the proposed decision to overrule along with supportive findings. ALUC may provide comments to the City Council within 30 days of receiving the proposed decision and findings. If ALUC's comments are not available within this time limit, the City Council may act without them. Should comments be received, the City Council must include the comments from ALUC in the public record of any final decision to overrule ALUC. This decision shall be determined at a public hearing to make the specific findings that the proposed overruling is consistent with the purposes stated in Public Utilities Code Section 21670. E. Staff is hereby directed to conduct further studies as necessary in order to draft and provide notice of the findings in support of the overrule. The 45-day period will begin after staff has forwarded the intent to overrule along with the supportive findings. F. The Council's adoption of this resolution is procedural and does not constitute the proposed project's approval nor does it predispose the City's future action on the project or the decision to overrule or not. G. Should the Council adopt this resolution directing staff to conduct further studies as necessary in order to make the findings in support of the overrule, a public hearing will be required for Council consideration of the final environmental impact report, and the GPA and AA applications. Section 2. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action will not have a significant effect on the environment. The proposed project will be independently reviewed and evaluated pursuant to CEQA. Environmental Impact Report No. 2020-01 (SCH No. 2019080011) has been prepared for the project as a whole and will be presented to the City Council for consideration, along with the requested general plan amendment and amendment application (zone change), at a future hearing date. Resolution No. 2020-xx Page 2 of 4 55C-4 Section 3. The City Council directs staff to forward a letter to the Airport Land Use Commission and State Department of Transportation Division of Aeronautics, indicating the City of Santa Ana's intent to overrule any determination of the Airport Land Use Commission that the proposed Bowery Mixed -Use Development project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan. Section 4. The City Council directs staff to conduct further studies, as necessary, in order to prepare and forward findings to the Airport Land Use Commission and State Department of Transportation Division of Aeronautics, in support of the City's intent to overrule the Airport Land Use Commission's determination that the proposed Bowery Mixed -Use Development project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan. Section 5. This resolution was approved, passed and adopted at a regular meeting and shall take effect immediately. ADOPTED this _ day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers /G1*II/91►� 111111111111110rou .71I 1IiI TM NOT PRESENT: Councilmembers 2020. Miguel A. Pulido Mayor Resolution No. 2020-xx Page 3 of 4 55C-5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 12020. Date: Clerk of the Council City of Santa Ana Resolution No. 2020-xx Page 4 of 4 55C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended SELECT AND APPOINT ElAmended ❑ OOrrdinance on 1" Reading REPRESENTATIVE(S) TO THE ORANGE ❑ Ordinance on 2i1 Reading COUNTY SANITATION DISTRICT ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Nominate and appoint a representative(s) to serve on the Orange County Sanitation District Board. DISCUSSION The Mayor and City Council represent the City's interests in regional issues by serving on a number of regional boards which make public policy decisions in the areas of transportation, water resources, fire services, and government facilities. The Orange County Sanitation District (OCSD), one of the regional boards in Orange County, is a public agency that provides wastewater collection, treatment, and disposal services for approximately 2.6 million people in central and northwest Orange County. OCSD is a special district that is governed by a Board of Directors consisting of 25 board members appointed from 20 cities, two sanitary districts, two water districts, and one representative from the Orange County Board of Supervisors. OCSD has two operating facilities —Plant No. 1 in Fountain Valley and Plant No. 2 in Huntington Beach —that treat wastewater from residential, commercial and industrial sources. The City of Santa Ana appoints one board member and an alternate by way of a majority vote of the City Council. On May 21, 2019, the City Council nominated Councilmember Iglesias as the City's primary representative and Councilmember Penaloza as the alternate. On June 2, 2020, Councilmember Iglesias was removed from office by a special recall election held on May 19, 2020. Councilmember Mendoza and Penaloza expressed an interest in serving as the primary representative. The City Council may nominate and appoint the primary representative and alternate by a majority vote. If Councilmember Penaloza is appointed as the primary representative, the alternate representative would be deemed vacant and the City Council may nominate and appoint a new alternate. Representatives must be an elected member and shall serve until removal or resignation. The Board meets on the fourth Wednesday of the month at 6:00 p.m. FISCAL IMPACT There is no fiscal impact associated with this action. 60A-1 Appointment of Representative to the Orange County Sanitation District Board June 16, 2020 Page 2 60A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE: CONSIDER OPTIONS RELATED TO SOLID WASTE COMPLIANCE WITH STATE MANDATES (NON -GENERAL FUND) 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 /s/ Kristine Ridge FILE NUMBER CITY MANAGER OPTIONS FOR CITY COUNCIL CONSIDERATION A. Adopt a resolution increasing the City curbside cart refuse rates by $1.90, effective July 1, 2020, and by $1.50, effective July 1, 2021. Eel B. Approve an amendment to the Waste Management agreement for collection and handling of solid waste to extend the agreement from June 30, 2021 to June 30, 2022, to maintain the expanded timeline for the Solid Waste Request for Proposals, and remove the requirement for composting of green waste, subject to non -substantive changes approved by the City Manager and City Attorney. IN C. Approve neither Option A, nor Option B. If no action is taken, the Waste Management agreement for collection and handling of solid wastes will expire on June 30, 2021, allowing only twelve months for completion of the Solid Waste Request for Proposals process, the purchase and deployment of equipment, and program implementation effective July 1, 2021. DISCUSSION During the June 2, 2020 City Council meeting a public hearing was held to adopt a resolution increasing the curbside cart refuse rates. As required by the provisions of Proposition 218, notices of a public hearing for adjusting refuse rates were mailed to all property owners within the City of Santa Ana refuse service area on April 17, 2020. Comments from property owners were heard, protests were recorded, and the Public Hearing was closed. City Council directed staff to continue negotiations with Waste Management (WM) in an effort to reduce the rate increases. The adoption of the resolution was continued to a later date for further deliberation of the City Council. Consider Options Related to Solid Waste Compliance with State Mandates June 16, 2020 Page 2 Negotiations with WM did not result in a further reduction of costs as WM already contributes $1,667,333 to the City through the following: Action Cost Savings Negotiated with WM Provision of service from 01/01/2020 to 06/30/2020 $869,022 Provision of service at loss of $0.04 per month per account for two years 40,421 Tiered rate increase resulting in loss of $1.50 per month per account for FYE21 757,890 Total WM Contribution $1,667,333 Total Service Cost $4,345,211 % Share of Cost 38.37% Option A Staff recommends adoption of the resolution (Exhibit 1) which addresses the requirements of Assembly Bill 1594 (Exhibit 2), ensuring that the City remains in compliance with State mandates avoiding potential fines of up $10,000 per day. The resolution will increase the curbside cart refuse rates by $1.90, effective July 1, 2020, and by $1.50, effective July 1, 2021. Approval of this option also allows for the execution of the amendment approved on March 17, 2020 (Exhibit 3), which extends the solid waste services agreement with WM through June 30, 2022. Extension of the WM agreement provides the additional time needed to meet the City's Solid Waste Request for Proposals (RFP) expanded timeline. Without this extension, the RFP timeline would need to be compressed by a minimum of 6 months. Option B At the request of the City, WM will enter into an amendment (Exhibit 4) providing a one-year extension from June 30, 2021 to June 30, 2022, to maintain the expanded timeline for the Solid Waste RFP, and will remove the requirement for composting of green waste. Removing the composting requirement will eliminate the diversion credit that the City receives, and will expose the City to a compliance order and potential fines from CalRecycle. The City is required by AB 1594 to report to CalRecycle on August 3, 2020 of its handling of previously diverted green waste as Alternative Daily Cover. Option C Approval of neither option will result in the invalidation of the one-year extension of the agreement with Waste Management approved by the City Council on March 17, 2020 and will compress the RFP timeline to 12 months. Twelve months is not sufficient time to complete the RFP process, purchase the necessary trucks, bins, and carts, and implement the program on July 1, 2021. STRATEGIC PLAN ALIGNMENT Approval of these items support the City's efforts to meet Goal #4 - City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment). �. 1 Consider Options Related to Solid Waste Compliance with State Mandates June 16, 2020 Page 3 ENVIRONMENTAL IMPACT There are no environmental impacts associated with Options A and C. Selecting Option B will reduce the life of Orange County landfills. FISCAL IMPACT The proposed rates are designed to meet the cost of service requirements of Proposition 218. There is no fiscal impact associated with this action, as the rate increases are a direct pass -through to WM. NS/MLM/CK Exhibits: 1. Resolution 2. AB 1594 and ADC Overview 3. Amendment to Waste Management Agreement — Option A 4. Amendment to Waste Management Agreement — Option B jmf 5/22/20 EXHIBIT 1 RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADJUSTING RATES FOR RESIDENTIAL/CURBSIDE REFUSE COLLECTION SERVICE PROVIDED BY THE CITY OF SANTA ANA WHEREAS, Chapter 16 of the Santa Ana Municipal Code, Article II, Section 16- 38, authorizes the City to charge for the provision of curbside solid waste collection service to customers within the City of Santa Ana and to establish those rates by resolution; and WHEREAS, landfill operators must cover all disposed solid waste at the end of each day and may use alternative materials in lieu of earthen materials. These materials are referred to as alternative daily cover (ADC); and WHEREAS, as of January 1, 2020, pursuant to Assembly Bill 1594, the use of green waste as ADC does not qualify for diversion credit and will be considered disposal for purposes of measuring jurisdiction's compliance with other state mandates; and WHEREAS, previously, green waste collected from the City's customers by the City's solid waste contractor, Waste Management (WM), was minimally processed by a third -party green waste facility, transferred to landfills to be used as ADC, and the City received diversion credit; and WHEREAS, to continue receiving diversion credit under the new restrictions of AB 1594, the green waste is now being composted by the third -party green waste facility, but at a higher cost to WM; and WHEREAS, the City previously retained HF&H Consultants, LLC, independent solid waste consultants, to assist the City in negotiating a one-year extension of the solid waste agreement with WM to June 30, 2022, which will incorporate programs to comply with AB 1594 and shall become effective upon approval of this Resolution; and WHEREAS, based on the results of the analysis completed by HF&H, a copy of which is attached as Exhibit A, increases in the rate for residential/curbside cart refuse service are necessary as a result of AB 1594; and WHEREAS, the proposed increase to the residential/curbside cart refuse service rate is structured to directly align with WM's increased cost for composting green waste and is based on a proposed cost of $90.13 per ton to process and compost green waste, versus a current cost of $33.13 per ton to use green waste as landfill ADC; and WHEREAS, the proposed residential/curbside cart refuse service charge is a fixed, monthly charge billed on a bimonthly basis; and Resolution No. 2020-XXX Page 1 of 5 �. 1 jmf 5/22/20 WHEREAS, the proposed rate increases are for a period of two years and are proposed to take effect on July 1, 2020 and July 1, 2021, respectively; and WHEREAS, the rate increase applies to all residential/curbside cart refuse service customers: and WHEREAS, the rate increase will not be expended for general governmental purposes, but only for the increased cost for composting green waste; and WHEREAS, article XIII D, section 6 of the California Constitution ("Article XIII D") requires that prior to imposing increases to solid waste collection rates, the City shall provide written notice by mail of the new or increased rates to the record owner of each parcel upon which the rate is proposed for imposition and any tenant directly liable for payment of the rate, the amount of the rate proposed to be imposed on each parcel, the basis upon which the rate was calculated, the reason for the rate, and the date, time, and location of a public hearing on the proposed rate; and WHEREAS, on April 17, 2020, the City distributed notices as required by Article XIII D regarding the City Council's consideration of the proposed rate adjustments at a public hearing scheduled for June 2, 2020, to all owners of record in accordance with Article XIII D, Section 6(a)(1) of the California Constitution and Government Code Section 53755; and WHEREAS, on June 2, 2020, the City Council held a duly noticed public hearing on the proposed rates contained in this Resolution, and at that time invited oral and written comments from the public; and WHEREAS, upon close of said public hearing, the City did receive written protests to the proposed rate increases, and therefore there has been no majority protest; and WHEREAS, the City Council now desires to establish rate increases of $1.90 per month effective July 1, 2020, and an additional $1.50 per month effective July 1, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The adoption of this Resolution falls within a statutory exemption from environmental review pursuant to sections 15273, 15060(c)(2) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA), which pertain to the establishment, modification, structuring, restructuring, or approval of rates and charges by public agencies which the public agency finds are for the purpose of meeting operating expenses, and pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not defined as a project under CEQA Regulations. Resolution No. 2020-XXX Page 2 of 5 jmf 5/22/20 Section 2. After considering the material presented in Exhibit A, the City Council hereby finds as follows: (a) Revenues derived from the rate increases do not exceed the funds required to provide the property -related service; (b) Revenues derived from the rate increases shall not be used for any purpose other than for which the rate increases are imposed; (c) The amount of the rate increases imposed upon any parcel or person does not exceed the proportional cost of services attributable to the parcel; (d) The rate increases are for services actually used by, or immediately available to, the owner of the property upon which the rate increases are imposed; and (e) The rate increases will not be expended for general governmental purposes, but only for the increased costs of composting green waste. Section 3. After receiving public comment and testimony on the rate increases for residential/curbside cart refuse service, and absent a majority protest to the proposed rate increases, the increases are hereby approved to establish rate increases of $1.90 per month effective July 1, 2020, and an additional $1.50 per month effective July 1, 2021. Section 4. The rate increases for residential/curbside cart refuse service shall be implemented beginning July 1, 2020, and on July 1, 2021. The scheduled adjustments authorized by this Section may be made by the City Manager or designee, without conducting another public hearing or any action on the part of the City Council. 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. To the extent any other resolution of the City conflicts with the provisions set forth herein, it is the explicit intent of the City Council that the provisions of this Resolution shall supersede. ADOPTED this day of 12020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 7K" �� John M. Funk Assistant City Attorney Resolution No. 2020-XXX Page 3 of 5 jmf 5/22/20 NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No. 2020 - to be the original resolution adopted by the City Council of the City of Santa Ana on 12020. Date: Clerk of the Council City of Santa Ana 'Ume MMa Mal Page 4 of 5 �. 1 jmf 5/22/20 EXHIBIT A The increased cost of composting green waste, in place of use as Alternative Daily Cover is $570) per ton. The estimated 30,492(2) tons of green waste at $57 per ton equals the total increased cost per year $1,738,044(3). When spread over the 42,105(4) customers, the cost is $3.44(5) per customer, per month. The City negotiated a $.04(6) reduction per month, as well as tiered implementation, in which customers pay $1.90(7) per month for the first year, and an additional $1.50(e) per month in the second year. The final result is a monthly increase of $3.40 during the second year. This cost is a direct pass -through to Waste Management to pay for the composting process, and will not be used for other purposes. RATE INCREASE CALCULATION Proposed Cost/Ton at Tierra Verde $90.13 Current Cost/Ton at Tierra Verde — $33.13 Proposed Increase/Ton (1) $57.00 Estimated Tons to be Composted (2) X 30,492 Total Incremental Cost/Year (3) $1,738,044.00 Number of Residential Units (4) _ 42,105 Cost per Unit per Year $41.28 Months per Year - 12 Cost per Unit per Month (5) $3.44 Negotiated Adjustment (6) Negotiated Cost per Unit/Month to be Increased over a Two-year Period — $0.04 $3.40 Increase effective July 1, 2020 (7) $1.90 Increase effective July 1, 2021 (8) $1.50 Resolution No. 2020-XXX Page 5 of 5 Z� • EXHIBIT 2 CALIFORNIA LEGISLATIVE MANDATES The State of California has established a variety of mandates (Assembly Bills 939, 341, 1826, among others) requiring all jurisdictions (i.e., responsible cities, counties, and regional agencies) in the State to comply with measures to manage and control solid waste generation. Included in these mandates are requirements to divert a minimum of 50% of waste from landfills and to implement recycling programming. One of the newest State mandates, Assembly Bill 1594 (AB 1594), went into effect on January 1, 2020. AB 1594 eliminates diversion credit for green waste that is sent to County landfills as Alternative Daily Cover (ADC) and reclassifies it as waste disposal for purposes of measuring a jurisdiction's compliance with State mandates. WHAT IS ADC? The State of California defines Alternative Daily Cover (ADC) as "...cover material other than earthen material placed on the surface of ... a municipal solid waste landfill at the end of each operating day." ADC helps to control vectors, fires, odors, blowing litter, and scavenging. (See https://www.calrecycle.ca.gov/Igcentral/basics/adcbasic for additional information.) CITY OF SANTA ANA REFUSE COLLECTION SERVICES The City of Santa Ana has contracted with Waste Management (WM) to provide citywide refuse collection services. Prior to the implementation of AB 1594, green waste collected from the City's customers by WM was minimally processed by a third -party green waste facility, transferred to landfills to be used as ADC, and the City received diversion credit. Composting green waste is an alternative that will allow the City to continue receiving diversion credit under the new restrictions of AB 1594. However, this process is more costly. EXHIBIT 3 SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTES GENERATED, PRODUCED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA This SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTES GENERATED, PRODUCED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA ("Second Amendment') is made and entered into this 17th day of March, 2020 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Waste Management Collection and Recycling, Inc., a California corporation dba Waste Management of Orange County ("CONTRACTOR"). RECITALS A. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, Division 30 of the California Public Resources Code, commencing with Section 40000 ("CIWMA"), declares that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions. B. In the opinion of the City Council of the City of Santa Ana, the public health, safety and well-being require that the collection, transportation, and recycling, diversion by means of composting, mulching and/or transforming, and disposal of Solid Waste, including, but not limited to, the frequency and means of such collection, transportation and recycling, yard waste diversion or disposal, and the charges and fees therefore, be provided by contract to a qualified contractor. C. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid Waste collection and handling. D. Since the execution thereof, CITY and CONTRACTOR jointly concurred that it would be in the best interest of the CITY and the residents therein that the Original Agreement be revised to provide for Solid Waste collection, recycling and disposal of Curbside Service Units by means of automated Solid Waste collection vehicles and Solid Waste collection and recycling plastic carts. E. On June 1, 1996, CITY entered into an agreement entitled "Amended and Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" with Great Western Reclamation, a division of CONTRACTOR, to effectuate the new curbside service collection program. F. On June 19, 1997, CITY entered into an Agreement entitled "Second Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" with Great Western Reclamation, a division of CONTRACTOR, to clarify the responsibilities associated with the collection, handling, and processing of solid waste collected by CONTRACTOR. Page I of 4 G. On April 3, 2005, CITY entered into an Agreement entitled "Third Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" with USA Waste of California, Inc., a division of CONTRACTOR, in order to, among other things: (i) extend the term of the Agreement to June 30, 2018, (ii) incorporate new programs to increase recycling and reduce illegal disposal of used oil, as well as to reduce illegal dumping and litter throughout the CITY and (iii) include measures to ensure continued compliance with the 50% diversion requirements as imposed by the State of California. H. On June 20, 2017, CITY entered into a Fourth Amended and Restated Agreement with USA Waste of California, Inc., a division of CONTRACTOR, to incorporate the provisions of previous amendments and to clarify, update and realign other provisions of the Agreement, No. A-2006-071-01 ("Fourth Amended Agreement") L Effective December 5, 2017, the Parties entered into an extension of the Fourth Amended Agreement, No. A-2017-342, and added certain other provisions, including new programs to increase recycling throughout the CITY, measures to ensure continued compliance with state diversion requirements, and clarification of CONTRACTOR's correct legal name. The term of the Fourth Amended Agreement was extended through June 30, 2020 with provision for extension through June 30, 2021 by mutual agreement of the Parties. J. On December 18, 2018, the Parties entered into an Amendment to the Fourth Amended Agreement, No. A-2017-342-01, to provide reduced rate commercial organic waste recycling services. K. On June 4, 2019, the Parties mutually agreed to extend the term of the Fourth Amended Agreement through June 30, 2021, L. The Fourth Amended Agreement remains in effect, and the Parties now wish to further extend the term of the Fourth Amended Agreement and include certain other provisions in accordance with Assembly Bill 1594. The Parties therefore agree: 1. EFFECTIVENESS OF SECOND AMENDMENT CONTINGENT: This Second Amendment shall become effective only upon (1) the absence of a majority protest following the completion of the procedures set forth in Article XIII D, Section 6 of the California Constitution and (2) subsequent approval by resolution of the City Council of the City of Santa Ana of the rate increases described in Section 3 below. 2. 'TERM OF CONTRACT: The term of the Fourth Amended Agreement shall be extended from June 30, 2021 through June 30, 2022 should the Second Amendment become effective as set forth in Section 1. 3. GREEN WASTE MATERIAL DISPOSAL FEE: Assembly Bill 1594 mandates that as of January 1, 2020, the use of green waste material as alternative daily cover no longer constitutes diversion through recycling and will instead be considered disposal in terms of measuring a jurisdiction's annual per capita disposal rate. As a result, CITY has determined it Page 2 of 4 60B-11 must make alternative final disposition of the CITY's green waste through composting. Therefore, the CITY will experience an increase in CITY's per ton green waste collection, processing and disposal cost, which necessitates an increase to the service fee on residential units for green waste material collection, processing and disposition by CONTRACTOR. a. Effective July 1, 2020, there shall be an increase of $1.90 to the monthly service fee per each residential unit for green waste materials collection, processing and disposal. Effective July 1, 2021, the monthly service fee shall increase by an additional $1.50 per each residential unit for green waste materials collection, processing and disposal. b. Final disposition of the green waste will occur at the Tierra Verde Industries composting facility, located in the City of Irvine. CONTRACTOR warrants that the proposed service fee increases are necessary to compensate CONTRACTOR for the actual cost paid by CONTRACTOR to Tierra Verde upon delivery of green waste materials to Tierra Verde. CONTRACTOR shall notify CITY in writing within 30 days if a lower cost option becomes available for green waste materials collection, processing and disposal at another facility in Orange County or if a lower cost is provided to another jurisdiction served by CONTRACTOR in Orange County with similar or higher green waste material contamination levels, in order to initiate a cost reduction to the CITY'S ratepayers. If so desired, CITY will have the ability to choose a lower cost composting facility for the disposal of green waste in Orange County, and the rate paid by the ratepayer will be reduced accordingly provided that the CITY's chosen composting facility is properly licensed and permitted under and in compliance with applicable laws and regulations to receive, process and dispose of green waste material and provided further that CONTRACTOR's collection, transportation, transfer, processing and disposal costs do not increase as a result of CITY's selection. 4. ALL PRIOR AGREEMENTS REMAIN IN FORCE:, Except as modified by this Second Amendment, and all prior amendments and extensions, all terms and conditions of the Fourth Amended Agreement, as extended, remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Fourth Amended Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: J16HN M. FUNK Assistant City Attorney Page 3 of 4 KRISTINE RIDGE City Manager CONTRACTOR Name: o; ttle: ice President 60B-12 FOR APPROVAL NABIL SABA Acting Executive Director Public Works Agency Page 4 of 4 60B-13 EXHIBIT 4 SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTES GENERATED, PRODUCED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA This SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTES GENERATED, PRODUCED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA ("Second Amendment") is made and entered into this 16th day of June, 2020 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Waste Management Collection and Recycling, hic., a California corporation dba Waste Management of Orange County ("CONTRACTOR"). RECITALS A. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, Division 30 of the California Public Resources Code, commencing with Section 40000 ("CIWMA"), declares that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions. B. In the opinion of the City Council of the City of Santa Ana, the public health, safety and well-being require that the collection, transportation, and recycling, diversion by means of composting mulching and/or transforming, and disposal of Solid Waste, including, but not limited to, the frequency and means of such collection, transportation and recycling, yard waste diversion or disposal, and the charges and fees therefore, be provided by contract to a qualified contractor. C. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid Waste collection and handling. D. Since the execution thereof, CITY and CONTRACTOR jointly concurred that it would be in the best interest of the CITY and the residents therein that the Original Agreement be revised to provide for Solid Waste collection, recycling and disposal of Curbside Service Units by means of automated Solid Waste collection vehicles and Solid Waste collection and recycling plastic carts. E. On June 1, 1996, CITY entered into an agreement entitled "Amended and Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" with Great Western Reclamation, a division of CONTRACTOR, to effectuate the new curbside service collection program. F. On June 19, 1997, CITY entered into an Agreement entitled "Second Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" with Great Western Reclamation, a division of CONTRACTOR, to clarify the responsibilities associated with the collection, handling, and processing of solid waste collected by CONTRACTOR. Page 1 of 3 60B-14 G. On April 3, 2005, CITY entered into an Agreement entitled "Third Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" with USA Waste of California, Inc., a division of CONTRACTOR, in order to, among other things: (i) extend the term of the Agreement to June 30, 2018, (ii) incorporate new programs to increase recycling and reduce illegal disposal of used oil, as well as to reduce illegal dumping and litter throughout the CHY and (iii) include measures to ensure continued compliance with the 50% diversion requirements as imposed by the State of California. H. On June 20, 2017, CITY entered into a Fourth Amended and Restated Agreement with USA Waste of California, Inc., a division of CONTRACTOR, to incorporate the provisions of previous amendments and to clarify, update and realign other provisions of the Agreement, No. A-2006-071-01 ("Fourth Amended Agreement") I. Effective December 5, 2017, the Parties entered into an extension of the Fourth Amended Agreement, No. A-2017-342, and added certain other provisions, including new programs to increase recycling throughout the CITY, measures to ensure continued compliance with state diversion requirements, and clarification of CONTRACTOR'S correct legal name. The term of the Fourth Amended Agreement was extended through June 30, 2020 with provision for extension through June 30, 2021 by mutual agreement of the Parties. J. On December 18, 2018, the Parties entered into an Amendment to the Fourth Amended Agreement, No. A-2017-342-01, to provide reduced rate commercial organic waste recycling services. K. On June 4, 2019, the Parties mutually agreed to extend the term of the Fourth Amended Agreement through June 30, 2021. L. The Fourth Amended Agreement remains in effect, and the Parties now wish to further extend the term of the Fourth Amended Agreement and make other adjustments to the Fourth Amended Agreement. The Parties therefore agree: 1. The term of the Fourth Amended Agreement shall be extended from June 30, 2021 through June 30, 2022. 2. Effective July 1, 2020, Section 14(a)(3) of the Fourth Amended Agreement, entitled "Yard Waste Collection and Recycling Plastic Carts," is deleted in its entirety. 3. Except as modified by this Second Amendment, and all prior amendments and extensions, all terms and conditions of the Fourth Amended Agreement, as extended, remain in full force and effect. signatures appear on next page Page 2 of 3 60B-15 IN WITNESS WBEREOF, the parties hereto have executed this Second Amendment to the Fourth Amended Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: W�: 'M,. -f.L RYIN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL NABIL SABA Executive Director Public Works Agency Page 3 of 3 60B-16 CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR Name: Title: REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 2, 2020 TITLE: REVIEW PROPOSED CHARTER AMENDMENTS FROM THE AD HOC CHARTER REVIEW COMMITTEE AND PROVIDE DIRECTION TO STAFF CLERK OF COUNCIL USE ONLY: As Recommended As Amended Ordinance on 1" Reading Ordinance on 2ntl Reading Implementing Resolution Set Public Hearing For_ CONTINUED TO s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Review the proposed Charter amendments from the Ad Hoc Charter Review Committee and provide direction to staff. DISCUSSION Background The City of Santa Ana is governed through a Charter authorized by the California Constitution. The Charter is a vital document which establishes a degree of autonomy to local governments and outlines certain authority and restrictions the City has over municipal affairs. The Charter addresses important aspects of the City of Santa Ana's authority. The original Charter of the City of Santa Ana was adopted by the voters in 1952. Modifications to the original document have been approved by the voters on several occasions, with the last major amendment occurring as part of the November 8, 2018 General Municipal Election. While most Charter amendments were prepared and executed individually, the City has used a citizens advisory committee to review the Charter only once (in 2005), and has deployed an ad hoc committee of the City Council in 2005, 2018, and most recently in 2020. 2020 Ad Hoc Charter Review Committee At the January 21, 2020 City Council meeting, Mayor Pulido appointed an ad hoc committee ("Ad Hoc Charter Review Committee"), composed of Councilmembers Bacerra, Penaloza, and Solorio, to review the current Charter and make recommendations to amend it. The City Attorney's Office, City Manager's Office, and Clerk of the Council's Office provided staff support to the Ad Hoc Charter Review Committee. Between March and May 2020, the Ad Hoc Charter Review Committee met 11 times. As a result of these meetings, the Ad Hoc Charter Review Committee recommends 17 Charter amendments, as well as presents five outstanding topics for discussion. These items are outlined in the table below. 65A-1 Review Proposed Charter Amendments and Provide Direction to Staff June 2, 2020 Page 2 Proposed Charter Amendments Recommended by the Ad Hoc Committee Proposed Charter Amendment Purpose / Reason for Amendment 1 Section 400: Number, Selection Clarifies when new councilmembers are sworn in and Term of Members 2 Section 401.05 : Code of Ethics Clarifies the applicability of the Code of Ethics and Conduct to and Conduct include elected officials, the City Attorney, City Manager, Clerk of Council, Police Chief, and directors of all City departments 3 Section 404: Presiding Officer, Moved term limit provisions from this section to Section Mayor 401.01 (new) 4 Section 405: Mayor Pro Tern Clarifies when the selection of the mayor pro tem shall occur 5 Section 406: Council Judge of Adds "or at a special meeting" Elections and Qualifications of Members 6 Section 413: Adoption Adds "resolutions" to title; clarifies effective date and who can Ordinances) sign, and provides that ordinances amended after the first reading must be re -introduced to be consistent with state law 7 Section 609: Budget Removes the two-thirds vote requirement for budget Appropriations appropriations 8 Section 613: Claims— Finance recommends revising this section to streamline the Formalities; Treasury Warrants process for paying invoices. The prescribed process in the Charter is outdated. 9 Section 1000: Civil Service Revises equal opportunity provisions; adds "with concurrence System of the City Council" relating to any recommendations for changes to the civil service rules by the Personnel Board 10 Section 1002: Civil Service and Administrative clean-up; revisions to ensure compliance with Excepted Service CalPERS rules and other applicable laws and regulations 11 Section 1010: Prohibitions Updates anti -discrimination provision and adds a provision requiring that the City Council adopt an anti -nepotism policy 12 Section 1011: Contractfor Changes "personnel" to "human resources" Performance of Administrative Functions 13 Section 1014: Work Stoppages Removes this section in its entirety 14 Section 1208: Enforcement Allows that the City to contract with a State or County entity to enforce the provisions of this section 15 Section 1400: Employees' Revisions to be consistent with revisions in Section 1002 Retirement System 16 various] Replaces gender -specific language with gender -neutral language 17 various] Replaces "clerk of the council" with "city clerk" The proposed language for Charter amendments 1 through 15, as identified in the table above, are attached for review and consideration (Exhibit 1). Considering that items 16 and 17 are administrative in nature and may not require a policy discussion, these items are omitted from the attached proposed language. The Ad Hoc Charter Review Committee recommends that the City 65A-2 43918v1 Review Proposed Charter Amendments and Provide Direction to Staff June 2, 2020 Page 3 Council concur with the Ad Hoc Charter Review Committee's recommendations relating to the proposed Charter amendments 1 through 17. In addition to the 17 proposed Charter amendments as recommended by the Ad Hoc Charter Review Committee, there are the five outstanding items for discussion by the City Council. Proposed Charter Amendment Topics for Discussion Proposed Charter Purpose / Reason for Amendment Notes Amendment A Section 401: Revises the residency requirements The Ad Hoc Charter Review Qualification of for mayor and councilmember, and Committee recommends that Members adds procedures to confirm residency. this item, including the attached Moved term limit provisions from this redline changes, be discussed section to Section 401.01 (new) by the City Council B Section 401.01 (new): Restates the term limits for mayor and The Ad Hoc Charter Review Term Limits councilmembers already set forth in Committee members Charter Sections 401 and 404. Three individually provided their issues are being analyzed and further recommendations regarding reviewed. These issues are: term limits (including a lifetime 1. Whether to impose a lifetime ban; ban, removal of the word 2. Whether to remove the term consecutive," and removal of consecutive" the cooling off period provision) 3. Whether to remove the cooling off and is asking whether the period. Council supports these recommendations. C Section 1206: Revised provisions to increase The Ad Hoc Charter Review Campaign transparency. Committee added a provision Contribution Limitation that would apply to developers, their principals or owners with pending Significant Planning Entitlements and a definition of person" consistent with the Political Reform Act. D Section 1206.01 Adds campaign finance disclosure The purpose of this section is new): Required requirements in addition to those to supplement the required Disclosures required by the FPPC disclosures pursuant to the Political Reform Act and to increase transparency regarding campaign contributions to City elected officials, candidates for City elective office, their campaign committees, and other committees formed to support or oppose ballot measures or candidates within the City of Santa Ana. E Public Works PWA recommends that the following The Public Works Agency to ics be incor orated into the presented the Ad Hoc Charter 65A-3 43918v1 Review Proposed Charter Amendments and Provide Direction to Staff June 2, 2020 Page 4 Charter: Review Committee with items Local Preference for consideration. All of these Exemption from the State's Public items are discussed in the Contract Code municipal code. The City Update the definition of "public works Council may want to consider construction" reviewing and updating the Change "lowest and best bidder" to corresponding sections of the lowest responsible bidder" municipal code. alternate project delivery systems" procurement, such as "design -build" The Ad Hoc Committee presents the five proposed Charter amendment topics to be discussed by the City Council. Timeline to Submit Charter Amendments for the November 3. 2020 General Election In the event that the City Council decides to submit one or more proposed Charter amendments to the voters at the General Election on November 3, 2020, and to ensure sufficient time to prepare all the necessary documents and provide for a ballot argument process, the City Council must make the decision relative to submitting ballot measures by no later than the July 21, 2020 City Council meeting. Furthermore, pursuant to Elections Code 10403, the request for the Registrar of Voters to conduct a consolidated election must be filed with the Board of Supervisors and Registrar of Voters no later than August 7, 2020. To illustrate the timeline and due dates for various items, the Clerk of the Council has prepared a calendar of deadlines (Exhibit 2). Options for Consideration by the City Council The City Council has the following options to consider relating to this item: 1. Concur with the Ad Hoc Charter Review Committee regarding the proposed Charter amendments 1 through 17; or Review the proposed Charter amendments 1 through 17 and direct staff to prepare revised proposed Charter amendments 1 through 17 as discussed; and 2. Review proposed Charter amendment topics A though E and direct staff to prepare revised proposed Charter amendments as discussed; and 3. Direct City Attorney and Clerk of the Council to prepare necessary documents to place any of the proposed Charter amendments on the ballot for November 3, 2020 General Election. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action. Exhibits: 1. Proposed Charter Amendments 2. Calendar of Deadlines for Ballot Measures to be Considered at the General Municipal Election on November 3, 2020 65A-4 43918v1 Sec. 400. - Number, selection and terms of members. The City Council shall consist of seven (7) members elected at the times and in the manner provided in this charter, each of whom, except for the mayor, shall serve term of four (4) years. The term of each member shall begin at 6:00 p.m. on the first regularly scheduled meeting or at a special meeting ^G^^^^I T61eGGlay -f ne following certification of election results, and each shall serve except as otherwise provided for in this charter, until the member's ;is Pr he successor is elected and qualified. Each office of councilmember shall be a separate office and, except for the mayor, one (1) of such offices shall be assigned to each of the wards of the City. Councilmembers shall be residents of their respective wards, and nominated and elected only by the voters of their respective wards. The Mayor shall be elected from the City at large. 43192v1 65A-5 Sec. 401-Qualifications of members To be eligible to be elected to the office of councilmember, a person must demonstrate that the candidate has been both (1) be a thirty (30) day registered qualified voter in the ward from which the candidate is nominated and (2) aad a thirty (30) day resident of the ward from which the candidate is nominated at the time nomination papers are issued. aS PFOVided f9F On A policy providing for proof of residency will be adopted by ordinance by the majority of the City Council. The residency address and voter registration address must be the same. the CI..rt:,..,, GAGI Aft",. st..t, Af G..losAFAi. , ept that To be eligible to be elected to the office of mayor a person must demonstrate that the person has been both (1) a thirty (30) day registered voter within the city and (2) a thirty (30) day resident of the city at the time nomination papers are issued. A policy providing for proof of residency will be adopted by ordinance by a maiority of the City Council. The residency address and voter registration address must be the same. In the event any councilmember other than the mayor shall cease to be a resident of the ward from which the councilmember (or, in the case of an appointee, the councilmember's predecessor) was elected, or in the event the mayor shall cease to be a resident of the city, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies; provided, that where a councilmember ceases to be a resident of the ward from which the councilmember (or, in case of an appointee, the councilmember's predecessor) was elected solely because of a change in boundaries of any ward as in this charter provided, the councilmember shall not lose the office by reason of such change. If a member of the city council shall be convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council. RECOMMEND: Moving to new Section entitled "Term AAAPF *hARfGF A teFFn beginning eight (8) yeaFs a#eF e.... pleb. n mf that rmunrAmPFAlIPF'ce 43190v1 65A-6 SECTION 401.01-Term Limits (NEW SECTION) This section is a restatement of the current term limit provisions in Charter Section 401 and 404. Sec. 401.01.- Term limits. A. Councilmembers A person who has served three (3) consecutive terms of four (4) years each shall be eligible for appointment, nomination for or election to the office of councilmember (regardless of wards represented by that person during such period) no sooner than for a term beginning eight (8) years after completion of that councilmember's third consecutive full term. Short or partial terms shall not be considered in determining eligibility for appointment, nomination or election. For purposes of this Charter, short or partial terms shall only be those where the councilmember was elected or appointed to replace another councilmember who left office before the latter official's term expired. Any councilmember who assumed office at the beginning of a term and left office early for any reason whatsoever shall be deemed to have served a full term; provided, however that any person who has served twenty (20) consecutive years in office, as both a council member and mayor, regardless of the order in which they served, shall not be eligible for appointment, nomination or election as a council member or as mayor, no sooner than for a term beginning eight (8) years after completion of the council member or mayoral term, or vice versa. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law. B. Mayor A person who has served four (4) consecutive terms of two (2) years each, commencing with the term entered as a result of the November 2012 election, shall be eligible for appointment, nomination for or election to the office of mayor no sooner than for a term beginning eight (8) years after completion of the mayor's fourth consecutive full term. This eight year "cooling off" period shall not apply to eligibility for appointment, nomination for or election to a council member office; provided, however, that any person who has served twenty (20) consecutive years in office, as both a council member and mayor, regardless of the order in which they served, shall not be eligible for appointment, nomination or election as a council member or as mayor, no sooner than for a term beginning eight (8) years after completion of the council member or mayoral term. Short or partial terms shall not be considered in determining eligibility for appointment nomination or election as mayor. For purposes of this Charter, short or partial terms shall only be those where the mayor was elected or appointed to replace another mayor who left office before the latter official's term expired. Any mayor who assumed office at the beginning of a term and left office early or before term expires for any reason whatsoever shall be deemed to have served a full term. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law. 43191v1 65A-7 Section 401.05 Sec. 401.05. - Code of ethics and conduct. The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected officials, the City Attorney, the City Manager, the Clerk of Council, the Police Chief, directors of all City departments, and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government elected and appointed officials. The City Council shall periodicaly review adept the Code of Ethics and Conduct and make any amendments by ordinance or resolution ui+hin $;Mx months of the effe..+ive date of this Ch;4r+er ce ntinn Any person alleging a violation of the Code of Ethics and Conduct by the Police Chief or department director shall provide a written document to the CitV Manager with their name and contact information and a brief description of the alleged violation. The City Manager shall review and respond to the complaint in writing and report to the City Council every thirty (30) days of the status of the review. Any person alleging a violation of the Code of Ethics and Conduct by any member of the City Council, the City Manger, the City Attorney, the Clerk of Council, or members of appointed boards, commissions, and committees shall provide a written document to all members of the City Council with their name and contact information and a brief description of the alleged violation. The City Council shall refer the complaint to an ad hoc committee of the Council for review. The Council ad hoc committee maV then make a recommendation to the full City Council for futher review, investigation or action. When a review or investigation is completed, the City Council may impose sanctions which may include, a reprimand, formal censure or loss of committee assignments or in the case of members of boards, commissions or committees, removal from the board, commission, or committee. A complaint concerning an alleged violation bV one of the Council's appointed employees shall be handled as a personnel matter. 43192v1 65A-8 Sec. 404. - Presiding officer, mayor. The mayor shall be a member of the City Council and shall preside over the meetings of the City Council. The mayor shall have voice and vote in all of the City Council's proceedings and shall be recognized as head of the City government for all ceremonial purposes. The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the City Council, consistent with his office. The mayor shall be elected by the voters of the City at large at each general municipal election in November of even -numbered years for a two-year term commencing on the same date as the terms of other council members elected in such year. No person may be a candidate for mayor and a candidate for any other office on the City Council in the same election. In the event an incumbent City Council member other than the mayor is elected mayor such other office shall become vacant at the time he or she assumes office as mayor and the City Council shall call a special election to fill the vacancy. To be eligible to be elected to the office of mayor a person must be a qualified voter as provided for in the Elections Code of the State of California. If the mayor is convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council. RECOMMEND: moving to separate section entitled "Term Limits." " ---- --•'-'- -- a c.._ i" 201-2 eleetion, shall be eligible fef appointment, nomination f f oF elpetion to the offiee of mayeF no seeneF eight yeaf "e6aling Of-P, pefiad shall Itat apply to ehgibih"& HAW" 4;8F Hf AFP4,H" t&-ff eleetion as mayef. Fef pwposes of this Chaftef, sheft Of paFtial teffns shall only be these Whefe the fRayof 43429v1 65A-9 Sec. 405. - Muyor pro tem. Each calendar year, at the In the first meeting in January. of the Gil Gotin it fellewing ,.... _ ._ speeial aeleetion ,.....w:.w Ofthe City r.etmeil ,._ el el a the City Council shall elect a mayor pro tem who shall act as mayor during the absence from the City or disability of the mayor, or during any vacancy in the office of mayor until otherwise filled in accordance with section 403. All members of the City Council, other than the mayor, shall be eligible to serve as mayor pro tem regardless of their seniority or whether they previously served a term or terms as mayor pro tem. The mayor pro tem from the previous year cannot be selected as mayor pro tem the next year. The mayor pro tem shall serve at the will and pleasure of the Council and may be replaced by four affirmative votes of the Council. 43193v1 65A-10 Sec. 406. - Council judge of elections and qualifications of members. The City Council shall be the judge of the election and qualifications of its memberjsl as defined in section 401 of this charter and shall meet on the first regularly scheduled meeting or at a special meeting after election returns are certified for any municipal election at which members of the City Council are elected, declare the results thereof, and install elected members, if any. 43192v1 65A-11 Sec. 413. - Adoption (resolutions and ordinances). Every ordinance shall be introduced in writing. A copy of each ordinance and written resolution shall be available in the councirs chambers for public inspection during any council meeting at which the same is to be passed or adopted. No ordinance shall be passed finally on the day it is introduced, except for emergency ordinances as hereinafter defined in Section 415, nor within six (6) days thereafter, nor at any time other than at a regular or adjourned regular meeting. A proposed ordinance may not be amended or modified between the time of its first reading m4oduptien and the time of its second reading final passage, except for clerical errors or corrections as discussed by the Council --e- .thin its _enefal seepe and The rights and powers conferred on the City Council shall be exercised by ordinance, resolution or motion as may be prescribed by the Constitution or Laws of the State of California, and the provisions of this Charter; provided, that each act of the City Council establishing a fine or other penalty or granting a franchise shall be by ordinance. No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting, except when a state of emergency has been declared or at an emergency meeting properly convened. All ordinances and written resolutions shall be signed by the mayor and attested by the Clerk of the Council as soon as possible, but no later than 72 hours from its adoption by the Council If the mayor is not available or does not sign an ordinance or resolution, the Clerk of Councill shall first ask the mayor pro tern to sign and then any Councilmember who voted to approve the ordinance or resolution. 43193v1 65A-12 Sec. 609. - Budget appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several offices, agencies, and departments for the respective objects and purposes therein specified as stated in an appropriation ordinance. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least two ds (2 33 }four of4hL—members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget; except that the City Council shall not reduce that portion of the budget providing for the support of public recreation programs below the amount specified in section 607 of this article. 43193v1 65A-13 Sec. 613. - Claims —Formalities; treasury payment wawants. Any claim against the City shall be in writing and may be in the form of a bill, invoice, payroll, or formal demand. The director of finance, with approval of the City Manager, may prescribe the format forms on -in which claims against the City shall be presented, to him- Each such claim shall be presented to the direster-e finance department. The director of finance shall prescribe internal controls for examination and audit of each claim who sties" @XaMi^^ RRd and t ' If the claim is correct in all respects, has not previously been paid nor certified for payment, is provided for by an appropriation or legally enforceable court or administrative order for the purpose or object that gave rise to it, and if sufficient funds for the payment thereof remain unencumbered in such appropriation if applicable, and if the claim is otherwise legally due and payable, the director of finance sties" 60 GeFtify OR the OF Ralform ev de^^i^^ the ^',-^M ^^G' shall authorize payment from dravi his; %v^rF^n* on the treasury, and against the proper fund, for the payment thereof. All claims certified for payment by the director of finance, and pavments wa€mRts drawn by the finance director I#m for the payment thereof, shall be transmitted by the finance director h3 m to the City Manager together with a list of such pavments y:a{Fa* is payable from each fund, showing for each payment.warart the number, date, and amount of the payment waff4i t and the name of the payee. The City Manager may approve or disallow any of the claims so certified for payment. Any person dissatisfied with the refusal of the director of finance and/or the City Manager to approve any claim, in whole or in part, may present such claim to the City Council. The City Council, after examination into the matter, may approve or disapprove the claim in whole or in part, and, if properly payable under an existing appropriation, may order the director of finance to make payment of the claim or portion thereof draw -his wrarar! OR the #ems y I^ payM@Rt t``eFeef For any such claim for which no provision, by way of appropriation, exists, but which is approved for payment by the City Council, appropriation by the City Council shall be made therefor before the director of finance is ordered to make payment dmwtihis waFFaRt thereof. Payment due``^ FFaats on the City treasury which are not paid for lack of funds shall be registered. All registered payments waaFFarts shall be paid in the order of their registration when funds therefor are available and shall bear interest from date of registration at such rate as shall be fixed by the City Council by resolution. 43197v1 65A-14 ARTICLE X. -CIVIL SERVICE Sec. 1000. - Civil service system. A civil service system shall be as follows in addition to necessary rules of implementation to be established by ordinance- and as may be recommended by the personnel board: a) That the most qualified and competent employees shall be appointed and promoted, based upon fair and equitable competition for the positions to ensure the highest quality City government. b) That no political or other outside influences shall affect appointments or promotions. c) That there shall be equal opportunity for all persons regardless of membership in a protected class as specified in state or federal law. •-O-'--, -Feed, --•"-' status _u.m:..-' Rat eRal eFigw. d) That there is equitable treatment of all civil service employees in matters of discipline, layoff or dismissal from the City service. The system should be established in such a manner to ensure the accomplishment of the foregoing standards in appointments, promotions, discipline, layoffs or dismissals of civil service employees. The civil service rules and regulations shall provide for such matters as the City Council and the personnel board with the concurrence of the City Council. -may deem necessary, proper or expedient to carry out the intent and purpose of the civil service provisions of this charter. These rules and regulations shall provide: a) Preference for veterans for appointment to civil service positions consistent with the principle of in erit. b) Vacancies in positions of the higher classes in the civil service of the City shall be filled with preference to employees occupying positions of lower classes having duties and responsibilities which can reasonably be considered as affording training and experience for the performance of the duties of the higher class. c) That persons achieving eligibility for a position in the civil service shall retain that eligible status for a time sufficient to offer an opportunity to be appointed to a position in the civil service. d) That the right to exercise disciplinary and dismissal powers is vested respectively in the officers ofthe City who have the power of appointment as to any position in the personnel system. Actions relating to suspension, demotion or dismissal for reasonable and sufficient cause may be taken by the officer having the power of appointment to the position. 65A-15 Sec. 1002. - Civil service and excepted service. The civil service system of the City shall cover all employees of the City not excepted by this section. a) The excepted service shall comprise the following offices and positions: 1) The individual offices held by all elective officers; 2) The City Manager and the City Manager's his assistants, if any; 3) The City Attorney and the City Attornev's Wis legal assistants, it any; 4) The Clerk of the Council; L5Z) The head of each department of the City as specified by ordim and of the housing authority of the City Santa Ana, but not including the police chief or the fire chief; L65@) One private secretary to the City Manager; L8) All members of boards and commissions; L8i48) Positions occupied by persons employed to render professional, scientific, technical, or expert service of an occasional and exceptional nature; L544) Positions in any class or grade created for a special or temporary purpose,, -mow. 103) Part-time positions or employments, FequiFRg less than t..^.. emplaymeaRpeFweek; 115) All positions occupied by persons employed to replace employees ordered to active duty, enlisted, or drafted for military service during a national emergency or when this country has declared war and until the expiration of the time when such replaced employee could demand his former position of employment underfederal or state statutes. b) The civil service shall comprise all positions not specifically included by this section in the excepted service. c) In the event an officer or employee of the City holding a position in the civil service is appointed to a position in the excepted service and should subsequently be removed therefrom within twelve 12) months of the employee's appointment to the excepted service, the employee shall revert to the employee's Wi& former position in the civil service without loss of any rights or privileges and upon the same terms and conditions as it the employee had remained in said position continuously. Formatted: Normal 65A-16 Sec. 1010. - Prohibitions. a) No officer or employee of the City shall in any way favor or discriminate against any employee of the City or any applicant for employment with the City because of the employee's his -• heF FaGe,,age, b) No officer or employee of the City shall engage in any political activities in violation of Chapter 9.5 of Division 4 of Title 1 of the California Government Code (commencing with Section 3201) as the same exists on the date of adoption of this section or as the same may be thereafter amended, or in violation of any other provisions of applicable law. c) No officer or employee ofthe City and no candidate for any City office shall, directly or indirectly, solicit any assessment, subscription, or contribution, whether voluntary or involuntary, for any political candidate, for Santa Ana municipal office from anyone on an eligible list, or, with the exception of elective officers and members of appointive boards and commissions, anyone holding a position in the service of the City. d) No person shall willfully or through culpable negligence make any false statement, certificate, mark, rating, or report in regard to any application, test certification, or appointment held or made under the provisions of this article or in any manner commit or attempt any fraud preventing the impartial execution of such provisions of this article a of the rules and regulations made hereunder. e) No officer or employee shall use nepotism in contracting, hiring, promotion, discipline or any other employment decision. The City Council shall adopt an anti -nepotism policy. 65A-17 Sec. 1011. - Contract for performance of administrative functions. The City Council, upon recommendation of the City Manager, may contract with the governing body of any other City or of any county within this state, or with any state department or other state agency for the preparing or conducting of competitive examinations for positions in the service of the City or for the performance of any other human resources administration service. 65A-18 Sec. 1014. , Reserved. `"'- 65A-19 Sec. 1015. -Penalty for violation of article. In add Rion to the penalties provided for in this charter for violations of its provisions, any person who individually rr with others violates any of the provisions of this article shall upon conviction thereof be ineligible for a period of three (3) years for employment in the service of the City and shall immediately forfeit the person' s his office or position if the person is he4b an officer or employee of the City. 65A-20 Sec. 1206. - Campaign contribution limitation Aa) No person shall make, and no candidate for mayor or City Council or campaign treasurer shall solicit or accept, any contribution or loan which would cause the total amount contributed or loaned by that person to that candidate, including contributions or loans to all committees controlled by that candidate, to exceed one thousand dollars ($1,000.00) in any election cycle; provided, however, that the City Council may, by ordinance, adjust such limit to reflect changes in the consumer price index; and provided further that nothing herein shall apply to a candidate's contribution of his or her personal funds to his or her own campaign contribution account. As used herein, "election cycle" means the period of time between the date of an election to the office of mayor or councilmember and the date of the next election in the City of Santa Ana to the same office. As used herein, "person" means an individual, proprietorship, firm, partnership, ioint venture, syndicate, business trust, company, corporation, association, committee, labor union, or any other organization or group of persons acting in concert. B) A restricted developer or principal shall not make a contribution to the Mayor, member of the City Council, or a candidate or a controlled committee for these elected City offices. The restrictions regarding Restricted Developers apply from the time an application is submitted until 12 months after the date a letter of determination is issued, or if none, the date the decision on the application is final. If the application is withdrawn orterminated pursuant to the City's Zoning Code, the restriction applies until the day afterthe termination or the filing of the withdrawal. 1) For purposes of this section and section 1206.01, the following definitions apply: a) "Applicant" means a person who is identified as the applicant on an application filed with the City's Planning and Building Department for a Significant Planning Entitlement as defined herein and includes any subsequent person identified as the applicant; b) "Owner" means a person identified as a property owner in conjunction with the applicant for a Significant Planning Entitlement; c) "Principal" means a restricted developer's chair, president, chief executive officer, chief operating officer, and any individual who serves in the functional equivalent of one or more of these positions; a person who holds an ownership interest of 20 percent or more in a Restricted Developer; and an individual authorized to represent a Restricted Developer before the Planning and Building Department concerning the Significant Planning Entitlement; d) "Significant Planning Entitlement" means the following planning approvals that are not solely ministerial: density bonus, development agreement, general plan amendment, site plan review, specific plan establishment, tentative tract map, vesting tentative tract, or zone change. e) "Restricted Developer" means any Applicant, Owner or Principal with an application for a Significant Planning Entitlement that has been submitted to the City's Planning and Building Agency. 43194v1 65A-21 Draft Charter Section 1206.01- Required Disclosures (New) A. Purpose The purpose of this section is to supplement the required disclosures pursuant to the Political Reform Act and to increase transparency regarding campaign contributions to City elected officials, candidates for City elective office, their campaign committees, and other committees formed to support or oppose ballot measures or candidates within the City of Santa Ana. B. Required Campaign Disclosures 1. In addition to the campaign statements required to be filed pursuant to the Political Reform Act, commencing with Government Code Section 81000, candidates, their controlled committees, and independent committees primarily formed to support or oppose candidates in the City of Santa Ana shall file a pre -election statement on the Friday before each election on a form provided by the Clerk of Council. This statement shall have a closing date of the Wednesday immediately preceding the election date and shall cover the period from the last pre -election statement filed pursuant to the Political Reform Act to the Wednesday immediately preceding the election date. "Election" as used in this Section shall include any general municipal election, special municipal election, and recall election. 2. Every City primarily formed recipient committee formed to support or oppose the qualification of an initiative or referendum measure prior to the commencement of the petition drive shall, within 10 calendar days of the commencement of the petition drive, file a statement on a form provided by the Clerk of Council disclosing all contributions of $100 or more received after the closing date of its most recent Fair Political Practices Commission Form 460, or if the primarily formed recipient committee has not previously filed a Form 460, the form shall instead disclose all contributions of $100 or more received since January 1 of that year. a) For purposes of subsection 2, a petition drive commences when the proponent of an initiative or referendum measure begins circulating a petition for signatures. b) The statement shall have a closing date of the day immediately preceding the commencement of the petition drive. 3. Every committee shall file with the Clerk of Council a Statement of Organization within ten (10) days after it is formed as a committee. Every committee that forms during the period between the closing date of the last pre -election statement and the election, shall file with the Clerk of Council, a Statement of Organization no later than the close of the next business day. 4. A candidate or the candidate's controlled committee must disclose, on a form provided by the Clerk of Council, any campaign -related agreements entered into by the candidate or controlled committee that provide for post -election payments. Such agreements include, but are not limited to, contingency payment or "bonus" payment plans offered by campaign consultants and agreements with persons who will receive compensation after the election for campaign services performed prior to the 43195v1 65A-22 election. A post -election payment agreement must be reported on or before the filing date of the next pre -election statement that must be filed afterthe agreement is entered into. 5. Unless otherwise defined in this Charter orthe municipal code, all terms shall have the same meaning as set forth in the Political Reform Act (Government Code Section 81000 etseq.) C. Required Disclosures by Restricted Developers 1. The Planning Department shall notify every Applicant of the requirements of Charter Section 1206 as to Restricted Developers and this Section. 2. At the time an application for a Significant Planning Entitlement, as that term is defined in Charter section 1206, is submitted to the City's Planning Department, the Applicant shall file the following information: a) The date the application was submitted; b) The Applicant's name, address, phone number and email address; c) The name, address, phone number, and email address of each Owner; d) The names and titles of all of the Principals; e) and certification under penalty of perjury that the information submitted is true and complete and that the applicant understands, will comply with, and will notify all the Owners and Principals of the prohibitions in Charter section 1206 as to Restricted Developers. D. It is unlawful to fail to comply with the disclosure requirements of California Government Code section 81000 et seq. and the additional requirements of this section. 43195v1 65A-23 Sec. 1208. - Enforcement. a) Any person who knowingly or willfully violates sections 1206-or 1207 of this charter is guilty of a misdemeanor. b) Any resident of the City may bring an action, at a time during an election period or thereafter, in a court of competent jurisdiction to enjoin actual or threatened violations of, or to compel compliance with, or to obtain a judicial declaration regarding compliance with, section 1206, 1206.01 or 1207. c) The City Attorney may maintain, in the name of the City, or a resident of the City may maintain, in his or her own name, a civil action to recover from a candidate or a committee controlled by a candidate any contributions received by such candidate or committee in excess of the contribution limitations established by section 1206. Any money recovered in any such action shall be deposited in the City's general fund. d) The City may contract with a State of County entity to enforce the provisions of this Section. 43192v1 65A-24 Sec.1400. - Employees' retirement system a) Duty to provide retirement system. Except as hereinafter otherwise provided, the council shall provide, by ordinance or ordinances, for the creation, establishment and maintenance of a retirement plan or plans for all officers and employees of the City. Such plan or plans need not be the same for all officers and employees. Subject to other provisions of this article, the council may at any time, or from time to time, amend or otberwise change any retirement plan or plans or adopt or establish anew or different plan or plans for all or any officers or employees. b) Authority to join other systems. Subject to other provisions of this article, the City, by and through its council, is hereby empowered, but not required, to join or continue as a contracting agency in any retirement or pension system or systems existing or hereafter created under the laws of the State of California or of the United States of America to which municipalities and municipal officers or employees are eligible for membership. c) Continuance ofexisting retirement system. Until otherwise provided by ordinance, the City shall continue to participate in the Public Employees' Retirement System of the State of California, as the same now exists or may hereafter be amended. 11e City Council may not terminate any such contract with the Public Employees' Retirement System of the State of California, and may not amend any such contract in a manner which would decrease or eliminate any benefit accruing to persons employed by the City at the time of such contract termination or amendment, unless such amendment shall substitute a retirement system or systems providing equal or greater benefits for said persons. d) Exclusions. Ile council in its discretion may exclude all or any of the following persons from any or all retirement plans, to wit Persons mentioned in subsections (a)(1). (5)-(10){6)of Charter Section 1002. {(s)*W. 6)1(7), ion m) n m (11) and (! ) of Set:.... i of this a..... ue Persons in City service primarily for training, study or educational purposes; Persons employed or paid on a part-time, per diem, per hour or any basis other than a monthly basis. 65A-25 DRAFT IF ADOPTED JULY 215t CCMTG CITY OF SANTA ANA CALENDAR OF DEADLINES FOR BALLOT MEASURE TO BE CONSIDERED AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 3, 2020 DATE DESCRIPTION City Council to adopt the following: Calling for Election regarding proposed Charter Amendment (§9280, 9282); Jul-21 Authorizing filing of direct Arguments; and Authorizing City Attorney to prepare Impartial Analysis and fiscal impact (if applicable), 500-word maximum. (§ 9280) Jul-23 Clerk sets deadline for Arguments and publishes Notice of Election - Measures 9286 & Gov. Code §6061) Filing period to file direct Arguments in favor and against proposed Charter Aug-4 Amendment, (recommended 7-14 days after approved by City Council; 300- word maximum). (§9286 & 9282) Public Review period for Arguments (not more than 10 days) Aug-5 to During this period, any voter of the jurisdiction or the county elections official Aug-14 may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. (§9380) Aug-14 Filing period to file Rebuttal Arguments - Deadline is no more than 10 days after Arguments are due (250-word maximum). (§9220) Public Review period for Rebuttal Arguments (not more than 10 days) (§9295) The elections official shall make a copy of the ordinance available for public Aug-15 examination in the elections official's office for a period of 10 calendar days to immediately following the filing deadline for submission of those materials. Aug-24 During this time, any voter of the jurisdiction may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. Only Rebuttal Arguments are subject to legal action during the public review period. 65A-26 DATE DESCRIPTION Legal Deadline to SUBMIT Resolution to County by 5 p.m. Resolution Calling for Election regarding proposed Charter Amendment Aug-7 9280, 9282); Resolution Authorizing filing of direct Arguments; and Resolution Authorizing City Attorney to prepare Impartial Analysis and fiscal impact (if applicable), 500-word maximum. (§ 9280) Aug-7 Last day for City Attorney to submit Impartial Analysis and Fiscal Impact if applicable) (500-word maximum). (§9280) Aug-12 Last day to withdraw Measures from the ballot. Nov-3 ELECTION DAY: VOTE BY MAIL FROM 10/5 THROUGH 11/3 Certificate of Election Results: Approximately on this date, the elections Dec-3 official shall make and deliver to each person elected or nominated under its jurisdiction, a certificate of election or nomination, signed by the elections Apr-1 Last day to submit report on Charter Amendment / Measures to Secretary of State 65A-27 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE: APPROVE A TWO-YEAR OPERATIONAL AGREEMENT WITH EIGHT, ONE-YEAR RENEWAL OPTIONS WITH ILLUMINATION FOUNDATION TO OPERATE A YEAR ROUND HOMELESS NAVIGATION CENTER AND RECUPERATIVE CARE FACILITY AT 1815 CARNEGIE AVENUE IN AN AMOUNT NOT TO EXCEED $38,099,351 AND AUTHORIZE THE CITY MANAGER TO EXECUTE FUTURE FUNDING RELATED AGREEMENTS (NON -GENERAL FUND) /s/ Kristine Ridge CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2111 Reading ❑ Implementing Resolution ❑ Set Public Hearing For rK•�►nutn�.>rc. FILE NUMBER Authorize the City Manager to execute a two-year Operator Agreement, with eight, one-year renewal options, with Illumination Foundation to operate a Year -Round Homeless Navigation Center and Recuperative Care Facility at 1815 Carnegie Avenue in Santa Ana, for $4,000,000 in one-time costs for tenant improvements and structural work, $591,289 for one-time start-up costs, and $3,155,367 for on -going operational costs per year with an annual CPI adjustment of 1.5%, for a total not -to -exceed amount of $38,099,351 over ten years, including Guaranty of Lease for fifteen years, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute any/all future agreements required by County, State or Federal Agencies for the use of HEAP, HHAP, PLHA, ESG, HHAP COVID-19, ESG-CV, ESG CV 2, CDBG-CV and any/all other homeless -related funds available. 3. Determine that this action is categorically exempt from CEQA pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301 (categorical exemption for existing facilities), 15303 (categorical exemption for new construction or conversion of small structures), 15304 (categorical exemption for minor alterations to land), and 15332 (categorical exemption for in -fill development projects). 65B-1 Agreement with Illumination Foundation for a Permanent Emergency Homeless Shelter June 16, 2020 Page 2 DISCUSSION On October 1, 2019, the City Council authorized the City Manager to execute a settlement agreement with the Orange County Catholic Worker, an unincorporated association, to resolve claims pertaining to homelessness in United States District Court Case No. SACV 18-0155-DOC (JDE). This action by the City Council followed the federal lawsuit that was filed by the Orange County Catholic Worker to halt efforts by the County of Orange to remove homeless encampments along the Santa Ana Riverbed and prevent neighboring cities from citing or arresting those individuals who violated local ordinances prohibiting camping in public areas. The lawsuit named the County of Orange, as well as the cities of Anaheim, Costa Mesa, and Orange, as defendants, but the City of Santa Ana elected to intervene in the litigation as a defendant in order to influence these settlements more effectively. The settlement agreement with Orange County Catholic Worker acknowledges that the City currently operates an interim 200-bed shelter at The Link and that the City intends to establish another shelter with 200 to 250 beds to replace The Link. To comply with the settlement agreement, on January 7, 2020, the Santa Ana Community Development Agency ("CDA") released a Request for Proposals (RFP) #20-004-063 for the development, construction and operation of a Year -Round Homeless Shelter and Navigation Center in the City of Santa Ana (Exhibit 1). The RFP was on both the Community Development Agency website and Planet Bids; an e-mail was sent to Orange County's network of homeless shelter operators and service providers; and an electronic letter was e-mailed to interested shelter operators and service providers. The deadline for the RFP closed on Tuesday, February 25, 2020 at 2:00 p.m. The City received the following two proposals prior to the deadline: Illumination Foundation Propose to develop a 200 bed shelter with scalability for up to 250 within an existing 29,503 s . ft. industrial building on the east side of the 55 Freeway. Jamboree Housing Corporation Propose to create a new smaller shelter with 75 beds while linking the new smaller shelter with permanent supportive housing. Their approach involves 75 new permanent shelter beds plus 89 permanent supportive housing units at Jamboree's North Harbor Village motel conversion project on North Harbor Boulevard, together with 52 studio apartments to be located at WISEPlace, and 101 studio apartments to be developed on East 1st Street. Deliberative Selection and Review Process The Executive Director of the Community Development Agency and the Homeless Services Manager reviewed each proposal ensuring compliance with RFP requirements. Staff invited both organizations to present their proposals via video (due to the COVID-19 pandemic). The video presentations were informative to add clarity to the written proposals. There were two distinctions within the Illumination Foundation's proposal (Exhibit 2) separating it from Jamboree Housing Corporation's proposal. The first was the configuration of their proposed emergency shelter and the second distinction was the location. Jamboree Housing proposed a configuration of shelter beds at three separate sites located on Harbor Boulevard, First Street, and 65B-2 Agreement with Illumination Foundation for a Permanent Emergency Homeless Shelter June 16, 2020 Page 3 N Broadway, while Illumination Foundation proposed a configuration of all shelter beds at one site located on the east side of the 55 Freeway near the existing shelter, The Link. Based on this "one site" configuration and location near The Link, staff moved its focus to the Illumination Foundation's proposal, thereby eliminating Jamboree Housing from further consideration. Staff then commenced negotiations with Illumination Foundation to rework their proposal to meet the City needs for the next ten years, focusing upon funding alternatives, COVID- 19-related refinements, and a recuperative care option that would lower the City's overall costs. Additionally, staff negotiated a purchase option. Illumination Foundation Proposal Illumination Foundation proposes to operate a Year -Round Homeless Navigation Center and Recuperative Care Facility (HSNC) located at 1815 Carnegie Avenue in Santa Ana for $4,591,289 for tenant improvements, structural work and startup costs and $3,155,367 for operational costs per year with an annual CPI adjustment of 1.5%. The HSNC will provide a total of 200 beds for individuals, couples, families with children, transitional -aged youth, and special needs populations who are homeless in the City of Santa Ana. The beds are inclusive of 150 Navigation Beds funded by the City of Santa Ana using 7 non - General Fund sources, and 50 Recuperative Beds funded by CalOptima, and the ability to scale up to 250 beds to comply with the City's settlement agreement. The HSNC will include supportive service programs designed to provide a safe environment for those experiencing homelessness on the streets of Santa Ana, and a pathway to transition into permanent housing. The proposal from Illumination Foundation outlines the costs as follows: Illumination Foundation Proposal Building Purchase Price Illumination Foundation Cost $9 200 000 Tenant Improvements $4,000,000 Start Up Costs $591,289 Navigation Center Beds 150 Recuperative Beds 50 Year 1 Operational Costs $3,155,367 1 City Purchase Option $8,200,000 + 50% of CPI 1 Annual consumer race Incex (W-1) Ha/ustment or I.b% For cost comparison purposes, The Link's first year expenses totaled $3,694,039. The largest costs associated with The Link shelter included staffing, security, lease payments, utilities, waste management, transportation, janitorial, and meals. Therefore, the relative costs for Illumination Foundation to operate the proposed shelter are similar to the costs of the Link. Notwithstanding, the Link's second year expenditures will increase due to additional expenses incurred by the operator during the COVID-19 period. Opt Out Option The Operator Agreement details the terms and conditions provided below for The Illumination Foundation ("Contractor") to operate a year-round homeless navigation center and recuperative care facility. This is set for a two-year term, with eight one-year renewal options, for a potential total L• Agreement with Illumination Foundation for a Permanent Emergency Homeless Shelter June 16, 2020 Page 4 term of 10 years. This will provide the City with regular opportunities to change operators if necessary. The Guaranty of Lease details the terms and conditions of how the City will guarantee the prompt payment for the lease until the lease expires or is terminated. The Guarantee of Lease may be terminated by the Guarantor upon sixty days written notice of termination to Lessor if any of the following shall occur: a) Lease expires or is terminated for any reason or no reason whatsoever; b) The Close of Purchase Option Escrow as defined in the Lease Addendum; c) The subject property for any reason ceases to be used as a Year -Round Homeless Navigation Center and Recuperative Care Facility; or, d) Any of City's funding sources for homeless services are reduced by 25% or more In order to allow the City to move forward with another operator under the lease, language has been added that Illumination Foundation shall assign the lease as directed by the City. Purchase Option As a means of securing our long-term investment in providing housing, the Agreement allows the City to purchase the property if the City determines that services may continue for a period longer than 10 years, or if the City is allocated a new source of revenue for homeless services. The current building purchase price of $9,200,000 reflects the value of the building including a $1,000,000 premium for the existing Regulatory Safety Permit (RSP) that will be relocated to another site. Upon the relocation and site control of the RSP holder, the value of the property decreases to $8,200,000. The City's purchase option calculation will be based on the $8,200,000 value. If the RSP is properly relocated, the City's purchase option for the property will calculated at a price of $8,200,000 plus an amount equal to 50% of the increase in the Consumer Price Index for all Urban Consumers for the Los Angeles -Anaheim -Riverside area from May 2020 ("Base Index") to the date of the Notice of Exercise. ). During the initial term of the Purchase Option Period, beginning the 13th month, and continuing through the 5th anniversary of the Lease effective date, the Purchase Price shall also include any costs incurred by the Lessor in purchasing the Property, up to one hundred and fifty thousand dollars ($150,000.00). The decision for the City to purchase will also provide at least 90-120 days for Lessor to locate an exchange property prior to the Closing of the Purchase Option Escrow. Illumination Foundation's Track Record Illumination Foundation has a proven record of accomplishments in every aspect of planning and operationalizing emergency shelters/navigation centers, including rehabilitating and revitalizing property, quickly achieving full capacity and providing intensive client services. Illumination Foundation renovated, opened and currently operates the La Mesa 101-bed shelter and navigation center facility in the City of Anaheim. They were also recently awarded to provide services for the 150-bed navigation and recuperative care facility in the City of Fullerton. Their shelter management experience also includes oversight of 250 permanent housing beds spread out among 198 scattered site apartment and 21 micro communities. Illumination Foundation has toured dozens of L. Agreement with Illumination Foundation for a Permanent Emergency Homeless Shelter June 16, 2020 Page 5 shelter facilities across the United States and will incorporated various best practices into the Santa Ana HSNC that are referred to as a life -rebuilding center that will serve multiple populations. Operations Illumination Foundation operates with a philosophy of client -centered care, and encourages self - management. Clients are encouraged to participate in the development of care plans, case management plans, harm -reduction plans, housing plans, and to share any concerns they may have with staff, both as a means of having input in the program, and so that they are invested in achieving their own goals. The Navigation Center will be accessible 24 hours a day, seven days/week, 365 days a year. In order to decrease the impact to the surrounding neighborhood, access to bed availability will be through a reservation system. No walk-ins for the Navigation Center Program or services will be permitted. Security officers will be on -site and at shuttle locations. Staff neighborhood patrol will monitor surrounding area to control issues of loitering, abandoned property, and other blight. Facility beds will be prioritized for use by persons who reside in Santa Ana. Approved referral agencies are City of Santa Ana authorities, including but not limited to members of the Santa Ana Police Department, Santa Ana staff, and/or third -parties under contract with the City for outreach and engagement services with homeless individuals. This includes CityNet, Illumination Foundation, and the Orange County Health Care Agency. The scope of services for the HSNC is detailed in Exhibit 4A. It includes services to clients such as case management, substance use counseling, behavioral health therapy, housing navigation and sustainability services. It also addresses information day-to-day operations such as admission criteria, exit procedures, the good neighbor policy, security, cleanliness, staffing plans along with other operational details. There is the potential that the City will house the Covid-19 isolation trailers on -site which could be overseen by Illumination Foundation assuming parties can come to terms. Recuperative Beds At the request of the City, Illumination Foundation has included 50 Recuperative Care beds into their proposal. Recuperative Care is a homeless shelter that serves as a stable discharge plan for local homeless who need a place to recover after medical treatment designed specifically to care for homeless patients who do not have a place to recuperate after ER or hospital discharge. This ensures that patients will have a safe environment and a place to stay off the streets, to properly recover, and prevent a return to the emergency room. Recuperative Care greatly reduces the cost to hospitals by taking homeless clients from hospital beds and into our care. This effective model shows outcomes with 50% fewer readmissions than patients who are discharged to their own care. Within Orange County CAL OPTIMA would reimburse Illumination Foundation for recuperative care. Illumination Foundation's recuperative care program offers a safe and restful place for homeless high -utilizers of local emergency rooms to recover after illness. By pairing the Santa Ana Navigation Center with Recuperative Care allows us not only to increase the level of services offered, but also L• Agreement with Illumination Foundation for a Permanent Emergency Homeless Shelter June 16, 2020 Page 6 reduce costs by leveraging recuperative care funding from local hospitals, stimulating effective outcomes. Illumination Foundation will provide 50 recuperative care beds which will meet complex needs of the most vulnerable individuals experiencing homelessness in Santa Ana. Santa Ana Police Officers will be able bring individuals direct to the recuperative care facility, if it is not a medical emergency requiring Emergency Room visit or hospitalization. This also allows the City of Santa Ana to leverage medical dollars that they would not normally be able to access including; • Medical care coordination with Licensed Vocational Nurses (LVNs) • Medication oversight • Receive Health Homes services • Medical social services • Intensive case management • Behavioral health services • Substance use counseling • Transportation to medical appointments Furthermore, clients can move between a recuperative care bed to a navigation center bed without leaving the facility. Location and Design The HSNC will be located within a 29,503-square foot industrial building on 1.5 acres in an industrial zone at 1815 Carnegie Avenue in Santa Ana. The building is currently vacant. There are no residences within one-half mile from this location. The entire use will take place on -site. There is a large parking lot and a 10-foot-high fence surrounding the entire parcel. Entry and exit of the site will be controlled by a rolling gate system. In response to the COVID-19 Pandemic, Illumination Foundation has addressed CDC guidelines for a post COVID-19 environment. This includes COVID-19 contingencies, some structural engineering, and HVAC refinements. The new plan includes a community clinic with medical, dental, and behavioral health components that brings a critical resource in-house, and greatly improves the capacity of the center to prevent and counteract COVID-19. Additionally, the plan decompresses density, and increases and diversifies common areas. The dining area is increased to include an additional covered outdoor dining area to better accommodate social distancing. An area is designated for isolation units in case of an outbreak. This area will have a dedicated HVAC unit that will create a negative pressure environment to prevent the spread of the virus. The new plan adds over 16,000 SF in second -floor space (over 9,100 SF more than the original plan). In addition to the architectural and design elements highlighted above, measures to address the short and long-term reality of COVID-19 include; incorporating ultraviolet light and better filtering in the HVAC units to actively kill germs and purify the air on a continual basis, thermal imaging systems and other technologies to better monitor all clients and staff for signs of fever, and adding Plexiglass on top of 4' partitions to further increase safety. Community Outreach In advance of this Council Meeting, City staff has completed initial outreach to the area business community. Additionally, Illumination Foundation will host a series of community meetings and will Agreement with Illumination Foundation for a Permanent Emergency Homeless Shelter June 16, 2020 Page 7 meet with surrounding business owners, community groups, homeless advocacy groups, police/fire department staff, and concerned citizens during the months leading up to the HSNC opening to share details about the shelter and hear input from community members about its operations. Community members will be provided with a phone number and email address they can contact should they have questions about the permanent shelter. Illumination Foundation will also coordinate with local advisory boards to provide community members with an opportunity to provide ongoing feedback. This outreach by the applicantwill be consistent with the City's sunshine ordinance. Development Schedule Illumination Foundation proposes a schedule, which would be compliant with the City of Santa Ana permitting process, as follows: Date Task 6/16/20 Santa Ana City Council Approval 6/17/20 Meeting with Planning and Building Agency 7/2/20 Conditional Use Permit CUP applied for with Planning and Building Agency 7/10/20 Tenant Improvement Plans Submitted for Plan Check 7/31/201 Planning Commission Approval of CUP 8/3/20 Demo Permit Issued 8/3/20 Demolition Starts 8/14/20 Construction Permit Issued 8/17/20 Construction Starts 11/15/20 Construction Complete Option for Scalability up to 250 (50 Life Ark Modular Bridge Housing) Illumination Foundation has provided an option for an additional 50 Bridge Housing units for 20 individuals and additional capacity of 30 more bringing the capacity for the entire site to 250. City staff requested scalability of the site and we would explore this option in the future should the need arise. This option will also ensure that the City is in full compliance with the settlement agreement. Next Steps The Link, the City's interim emergency homeless shelter, approved on September 18, 2018 as an interim facility, will cease operation upon the opening of the permanent emergency homeless shelter. As required by the settlement agreement and as anticipated, there will be an overlap period between the operations of the Link and the HSNC, such that the total number of beds during this limited period will be up to 450. Approval by City Council will ensure that a permanent shelter is operational in a timely manner so that both shelters are overlapping for a period of time. 65B-7 Agreement with Illumination Foundation for a Permanent Emergency Homeless Shelter June 16, 2020 Page 8 ENVIRONMENTAL IMPACT Staff has determined this action is categorically exempt from CEQA pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301 (categorical exemption for existing facilities), 15303 (categorical exemption for new construction or conversion of small structures), 15304 (categorical exemption for minor alterations to land), and 15332 (categorical exemption for in -fill development projects). Since the project consists of an agreement to operate a homeless facility within an existing building, it has been determined that there will be no significant effect related to air quality, noise, traffic or water quality. As a result, environmental Review No. 2019- 37 will be filed for this project. 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); and 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 Funds for the initial start-up of the agreement is currently available in the FY 19/20 budget: Fiscal Year Accounting Unit- Fund Description Accounting Unit, Account Amount Account Description FY 19-20 12218710-69135 Emergency and Health HHAP-COVID, Payment to $ 591,289 (June) Grants * Subagent Total $ 591,289 The Permanent Local Housing Allocation (PLHA) funds will be available upon City Council's adoption of the resolution and award from the State of California, which is scheduled to occur between August and October 2020. The Homeless Housing, Assistance and Prevention (HHAP) grant funds will be available for use upon Council's recognition of the award in FY 20/21, currently scheduled for July. Estimated funds for the agreement for the FY 20/21 fiscal year will be available upon the City Council's adoption of the annual budget and approval of carry forward of funds for the following federal and state grant programs: Fiscal Year Accounting Unit- Fund Description Accounting Unit, Account Amount Account Description FY 20-21 12218700-69135 Homeless Emergency Aid HEAP Grant, Payment to $ 623,797 (July -June) Program HEAP * Subagent FY 20-21 12218710-69135 Emergency and Health HHAP-COVID, Payment to $ 293,711 (July -June) Grants * Subagent FY 20-21 12218715-69135 Emergency and Health HHAP, Payment to Subagent $1,331,768 (July -June) Grants-HHAP FY 20-21 Community Development CDBG-CV, Payment to (July -June) 13518788-69135 Block Grant-Coronavirus Subagent $1,310,435 FY 20-21 13518789-69135 Emergency Solutions ESG-CV, Payment to $1,353,700 (July -June) Grant-Coronavirus* Subagent L• W • Agreement with Illumination Foundation for a Permanent Emergency Homeless Shelter June 16, 2020 Page 9 FY 20-21 15818700-69135 Permanent Local Housing PLHA, Payment to Subagent $ 927,220 (July -June) Allocation Total $5,840,631 * Program funds to be carried forward from FY 19-20. FY 21-22 Expenditures Fiscal Year Accounting Unit- Fund Description Accounting Unit, Account Amount Account Description FY 21-22 12218715-69135 Emergency and Health HHAP, Payment to Subagent $1,331,768 (July -June) Grants-HHAP FY 21-22 13518785-69135 Emergency Solutions ESG, Payment to Subagent $ 250,000 (July -June) Grant FY 21-22 15818700-69135 Permanent Local Housing PLHA, Payment to Subagent $1,605,152 (July -June) Allocation Total $3,186,920 The funds to cover the agreement for FY 22/23 through FY 24/25 will be paid from the same three sources as FY 21/22. However, the amounts from each funding source may vary slightly. Starting from FY 25/26 through the end of the ten year period in FY 30/31, only the PLHA and ESG grant funds will be used pay for the agreement (Exhibit 3). As the PLHA funds are based on real estate transactions recorded in each county, the revenues will fluctuate from year to year. If there are insufficient revenues from the PLHA program in future years, the Community Development Block Grant and/or additional resources may be necessary to fund the operations of the shelter. Exhibits: 1. Ten -Year Funding Plan 2. Operating Agreement A - RFP # 20-004-063 B - Scope of Services C - Pro forma and Cost D - Lease E - Lease Addendum F - Guaranty of Lease 0 10 W N ei 'I ei W N f N p m N O O o g N O O p N O\ O O N p N ry q N W p O O N O O O T M O] o] ry O N � % M N N O O O O O O O O O m M ON N ei N n m N 7 O] CZ M N N N O O O O p S N N O O & M O O O O O N N o] ry O m � 1 M N N O] O O W N O O 0 n n O O n N a ry ry Q m N N O] O O q tD n O O O O n N N Np n � % M N N O O O W tD O O 1C n o O n � s M N N 0 O O 0 ^ O n o O n M N fl O O ei b N ry N N n O] O O O V1 g e'I m n N n o o o O O n m v n a s m lln a n o0 > > n N N o ry LL a �- a C C 6 N Q W � Q U U' 3 -J 65B-10 EXHIBIT 2 AGREEMENT WITH THE HLLUNHNATION FOUNDATION TO OPERATE A YEAR-ROUND HOMELESS NAVIGATION CENTER AND RECUPERATIVE CARE FACILITY On the 16th day of June, 2020, 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 The Illumination Foundation ("Contractor"), to operate a year-round homeless navigation center and recuperative care facility. RECITALS A. The City desires to retain a contractor to administer and operate a year-round homeless navigation center and recuperative care facility in the City of Santa Ana (the "Shelter"). B. On January 7, 2020, the City released a Request for Proposals ("RFP") #20-004-063 for the development, construction, and operation of a year-round homeless shelter and navigation center in the City of Santa Ana. A true and correct copy of the RFP is attached hereto as Exhibit A and incorporated herein by reference. C. 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. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES 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 B 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 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 (subject to the rights of the landlord under the Lease). In CEM SJD\ 30975-0001\ 699300.3 5/15/2020 A i ;111 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 (subject to the rights of the landlord under the Lease). 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 (subject to the rights of the landlord under the Lease). 2. EFFECTIVENESS AND TERM OF AGREEMENT a. The Shelter will be located within a 29,503-square foot industrial building on 1.5 acres in an industrial zone at 1815 Carnegie Avenue in Santa Ana ("Site"). This Agreement shall not become effective unless and until the 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 ("Lease"), provided that if the Lease is not executed on or before , 2020, this Agreement shall be void and have no force and effect. The City shall execute a guarantee of only the Base Rent payment obligations of Contractor under the Lease ("Guarantee") for the benefit of the landlord under the Lease. The Lease attached as Exhibit D and the Guarantee attached as Exhibit E are hereby approved by the City. b. This Agreement will commence upon the date first written above ("Effective Date") and continue for two (2) years ("Term"), with the option for the City to grant up to eight (8), one (1) year renewals, exercisable by a writing executed by the City Manager and the City Attorney, for a potential total Term of ten (10) years, unless terminated earlier in accordance with Section 15, below. If this Agreement expires or is terminated, Contractor shall assign the Lease as directed by the City per section 60 of the Addendum to the Lease. C. The City acknowledges that Contractor is entering into the Lease in reliance on the City's performance of its obligations under this Agreement and the Guarantee. The City shall indemnify, defend and hold harmless Contractor from any loss, claim or damage arising out of or resulting from any breach by the City of its obligations under this Agreement or the Guarantee, including without limitation the City's failure to pay sums required hereunder which Contractor will rely upon to fulfill Contractor's obligations under the Lease. The Contractor acknowledges that City is entering into the Guarantee in reliance on the Contractor's performance of its obligations under this Agreement and the Lease. The Contractor shall indemnify, defend and hold harmless City from any loss, claim or damage arising out of or resulting from any breach by the Contractor of its obligations under this Agreement or the Lease, including without limitation the Contractor's failure to operate the Shelter and Services required hereunder which City will rely upon to fulfill City's obligations under the Guarantee. d. At City's request, Contractor has included in the Lease provisions for Contractor's option to purchase the Site, which may be assigned to the City. If City asks Contractor to exercise such option, City shall (i) provide all funds necessary to complete such purpose, whether or not such funds are included in Exhibit C, and SJD\ 30975-0001\ 699300.3 5/15/2020 TALZ ;112 (ii) indemnify, defend and hold Contractor harmless from any loss, claim or damage arising from City's default of its obligations hereunder in connection with such option and purchase. 3. START-UP FUNDING AND COMPENSATION a. Within thirty (30) days of the Effective Date of this Agreement, City agrees to provide Contractor with up to $591,289 for start-up funding as provided in the Schedule of Start -Up Costs attached hereto as Exhibit C and incorporated herein by reference. b. From and after the Effective Date, City shall pay Contractor the monthly fee as compensation for all Services rendered under this Agreement during the Term as provided in Exhibit C. An audit of expenses will be conducted on a semi-annual basis to reconcile any over or under -payment of expenses by the City. In the case of the former, Contractor shall credit the City the amount of over -payment in the immediate period. In the case of the latter, the City shall pay the Contractor the amount of the under -payment. C. The total sum to be expended under this Agreement shall not exceed $38,099,351. d. With the exception of the payment required by Section 3.a., all other payments by City shall be made within thirty (30) days following receipt of proper invoice evidencing fees, costs or services performed, subject to City accounting procedures. . e. The compensation required pursuant to this Agreement will be paid by City to Contractor from multiple federal, state, and local funding sources (each individually a "Funding Source" and cumulatively the "Funding Sources"), including, but not limited to, the following: i. HHAP-COVID ii. HEAP iii. HHAP iv. CDBG-CV V. ESG-CV vi. PLHA Contractor will be required to enter into a separate funding agreement for each Funding Source. Contractor will be required to comply with all requirements of each Funding Source, as detailed in the separate funding agreements. The total amount of compensation in said funding agreements shall count toward the total amount due and owing from City to Contractor under this Agreement, not compensation in addition to the total amount of this Agreement. If Contractor does not execute any of the separate funding agreements, Contractor will forfeit that amount of funding from that Funding Source, and City will have the option to terminate this Agreement pursuant to the terms of Section 15, below. Additionally, in the event any Funding Source is reduced by 25% or more, City will have the SJD\ 30975-0001\ 699300.3 5/15/2020 TAP o113 option to terminate this Agreement pursuant to the terms of Section 15, below. 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 reasonable judgment of the City may be relevant to the question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the Services. 5. REPORTING Contractor shall provide to the City a quarterly written report of the Services, in a format to be approved by the City and as further described in Exhibit B. 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. 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 $5,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard CEM SJD\ 30975-0001\ 699300.3 5/15/2020 AR Al V separation of insureds provisions. City agrees that the liability insurance carried by Contractor under the Lease shall satisfy the requirements of this Section. 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. City agrees that the liability insurance carried by Contractor under the Lease shall satisfy the requirements of this Section. 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. City agrees that the liability insurance carried by Contractor under the Lease shall satisfy the requirements of this Section. 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 furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) 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. (v) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to 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 rightto be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to CEM SJD\ 30975-0001\ 699300.3 5/15/2020 AP ;115 indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION By Contractor. 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 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 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. Contractor's indemnification obligations hereunder shall not extend to any claims to the extent caused by the City's negligence, willful misconduct or breach of 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. By City. City agrees to and shall indemnify, defend, and hold harmless the Contractor, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, 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 City or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the subject matter of 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. City's indemnification obligations hereunder shall not extend to any claims to the extent caused by Contractor's negligence, willful misconduct or breach of this Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding. City'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 SJD\ 30975-0001\ 699300.3 5/15/2020 TALC ;116 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 disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 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 first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax number: With courtesy copies to: City Manager Fax: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 SJD\ 30975-0001\ 699300.3 5/15/2020 TAP 0117 To Contractor: The Illumination Foundation 1091 N. Batavia St. Orange, CA 92867 Attn: John Ing, CFO Fax number: With courtesy copies to: Steven J. Dzida, Esq. Dzida, Carey & Steinman 3 Park Plaza, Suite 750 Irvine, CA 92614 Fax: 949/399-0361 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. 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. 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 of this Agreement performed by City personnel or by other contractors or consultants retained by City. No assignment by the City of its rights or obligations under this Agreement shall relieve the City of any of its obligations under this Agreement. SID\ 30975-0001\ 699300.3 5/152020 Page 8 64R _ 1 v 15. TERNIINATION This Agreement may be terminated by the City for default by Contractor, or as otherwise prescribed by the terms of this Agreement, upon sixty (60) days written notice of termination, which notice shall set forth with specificity the cause for termination. Contractor shall have an opportunity to cure any alleged default for a period of thirty (30) days after receipt of the notice of termination. If Contractor has cured the alleged default in the reasonable opinion of City, then this Contract shall not be terminated. If this Agreement is terminated, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor and costs incurred or accrued by Contractor (under the Lease) prior to Contractor's receipt of such notice of termination. 16. NONDISCRINIINATION 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. 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 term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each person signing this Agreement on behalf of Contractor represents and warrants that its signature herein below has the power, authority and right to bind Contractor 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. Each person signing this Agreement on behalf of City represents and warrants that its signature herein below has the power, authority and right to bind the City to each of the terms of this Agreement and shall indemnify Contractor SJD\ 30975-0001\ 699300.3 5/15/2020 TAP 0119 fully, including reasonable costs and attorney's fees, for any injuries or damages to Contractor 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. SJD\ 30975-0001\ 699300.3 5/15/2020 fq§711 2Q IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA Kristine Ridge City Manager ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City AttgMey. n By: I Ryan FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency 1S.14'1111YY.`A A - RFP #20-004-063 B - SCOPE OF SERVICES C - PRO FORMA OF COSTS AND FUNDING D - LEASE E - GUARANTEE CONTRACTOR Naffie: Title: Chief Financial Officer CEM S1D\30975-0001\ 699300.35/15/2020 1'dge lI OI 10 REQUEST FOR PROPOSALS (RFP) FOR The Development, Construction and Operation of a YEAR-ROUND HOMELESS SHELTER AND NAVIGATION CENTER (HSNC) RFP No: 20-004 CITY OF SANTA ANA Community Development Agency Homeless Services Division 20 Civic Center Plaza Santa Ana, CA 92701 Steven A. Mendoza Executive Director Tel: (714) 647-5375 smendozaO-santa-ana.org Contents Notice Inviting Proposals ................................ 3 Executive Summary ........................................ 4 Background.................................................... 4 Eligible Respondents ...................................... 7 Available Funding ........................................... 8 RFP Timeline .................................................. 9 Proposal Selection Process .......................... 10 Scope of Services ......................................... 11 Project Outcomes ......................................... 14 Proposal Evaluation & Scoring ..................... 16 Minimum Submission Requirements ............ 17 Proposal Requirements ................................ 20 General Information ...................................... 25 Agreement Information ................................. 27 Insurance Requirements ............................... 29 Exhibit A - Contractor's Statement ................ 31 Exhibit B - Certification of Non-Discrimination ..................................................................... 32 Exhibit C — Non -Collusion Affidavit ............... 34 Exhibit D — Commitment to Enter Into Memorandum of Understanding with the Santa Ana WORK Center ....................................... 36 H 03:11:311WaG1 City of Santa Ana RFP: Year -Round Homeless Shelter And Navigation Center NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN THAT PROPOSALS will be received from qualified non-profit service providers (who provide services for individuals that are homeless) to develop, construct and operate a Year -Round Homeless Shelter and Navigation Center (HSNC) in the City of Santa Ana. Responses to Request for Proposals (RFP) will be accepted until February 25, 2020 at 2:00 P.M.. Proposals received after this date/time will not be considered. It is the responsibility of the eligible respondent to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Respondents are encouraged to submit creative proposals that approach navigation centers, emergency shelters, housing and homelessness with innovative solutions. We are looking for fresh ideas, concepts and designs that together may stimulate effective outcomes. MAILED, DELIVERED BY HAND, OR COURIERED PROPOSALS WILL BE ACCEPTED TO THE FOLLOWING CONTACT PERSON: City of Santa Ana Steven Mendoza, Executive Director Community Development Agency 20 Civic Center Plaza. M-25. 6'" Floor Santa Ana. CA 92701 E-MAILED RFP RESPONSES WILL NOT BE ACCEPTED! All notifications, updates, and addenda will be posted on the City's RFP Bid page at http://Planetbids.com. Eligible Respondents shall be responsible for monitoring the site and project contact's email to obtain information regarding this RFP. Failure to respond to required updates may result in a determination of nonresponsive proposal. 65B-24 3 1010 111:]IIW7_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center EXECUTIVE SUMMARY The City of Santa Ana's Community Development Agency (CDA) is seeking proposals from eligible respondents to enter into a public -private partnership to develop, construct and operate a Year -Round Homeless Shelter & Navigation Center (HSNC) that will serve 200 individuals, with the ability to scale up to 250 individuals. The term of the agreement will be ten years. The site must be located within the Santa Ana city limits. Funding will be provided by the City of Santa Ana through various funding sources outlined within this RFP. Only non-profit organizations currently providing services to individuals experiencing homelessness and which meet the minimum submission requirements will be considered. The City of Santa Ana currently operates a homeless shelter, referred to as The Link, which was opened in November 2018 as an interim emergency homeless shelter. The Link is a 200-bed emergency shelter for men, women, couples and families with children. The Link may be scheduled to cease operation upon the opening of a year-round homeless shelter and navigation center. That homeless shelter, subject to this RFP, will replace The Link. Respondents are encouraged to submit creative proposals that approach navigation centers, emergency shelters, housing and homelessness with innovative solutions. We are looking for fresh ideas, concepts and designs that together may stimulate effective outcomes. Santa Ana expects proposals to be project -ready with the intent of having the site operational no later than November 2020. BACKGROUND According to the 2019 Orange County Point -In -Time Count, the Orange County's homeless population increased from 4,792 to 6,860 from the 2017 Point -In -Time Count. Santa Ana's portion of the county's homeless is reported to be 1,769. As the County Seat, the City of Santa Ana has been on the frontline of addressing Orange County's homelessness. As a result, the City has invested resources and created programs to address the needs and impacts of homelessness throughout the City. Since 2018, the City has launched the following projects and initiatives to address the growing homeless population: Homeless Services Manager: Hired to coordinate and address the City's homeless efforts through internal and external collaborations at the local, state and federal level. 65B-25 4 03:11:311WaG1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center Interdepartmental Team: Created to execute projects and initiatives addressing homelessness. Quality of Life Team: Designed a multidisciplinary team comprised of staff from the Santa Ana Police Department, Public Works Agency, Parks and Recreation, Community Development Agency, and Orange County Health Care Agency outreach workers. This team address homelessness concerns in the community related to municipal code violations, property storage, proper use of public/private property and provision of supportive services to individuals experiencing homelessness. Advocating for Regional Collaborative: Active participation with Federal District Judge David Carter, and responding to lawsuits on the establishment of homeless shelter and anti - encampment laws. Four Point Homeless Strategic Plan: Crafted a draft plan outlining over 30 recommendations to address homelessness, including outreach and supportive services, affordable housing needs, strategic policy development and more. Point -in -Time Count: Planned and executed a City Point -In -Time count that surveyed the homeless population in Santa Ana within less than 24 hours to gather robust data supporting the increase of homelessness in Santa Ana. Operation Civic Center Plaza: Outreached to 234 individuals in the Civic Center encampment to refer to shelter and resources in an effort to transition out of the Civic Center plaza and into stable resources. Declaration of an Emergency: On August 21, 2018 City Council approved a resolution declaring a shelter crisis related to homelessness. 03:II:311WaG1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center Changes in Homeless Population Orange CountyPoint-in-Time (PIT) Count and Survey 2017-2019 (For Reference Only) City of City of Increase from City of Santa Santa Ana Santa Ana 2017 to 2019 in Ana Initiated 2017 2019 Santa Ana PIT 2018 Unsheltered 466 830 364 1,030 Sheltered 534 939 405 587 Total 1,000 1,769 769 1,617 65B-27 03:11:311WaG1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center ELIGIBLE RESPONDENTS An Eligible Respondent is a qualified non-profit service provider that has verifiable experience serving the homeless population as it relates to the qualifications outlined in this RFP. It is understood the selected Respondent acting as an individual, partnership, corporation or other legal entity, is of professional status, licensed to perform in the State of California and for all applicable professional discipline(s) requiring licensing and will be governed by the professional ethics in its relationship to the City of Santa Ana. The City is willing to accept proposals that incorporate multiple providers, including diverse and smaller organizations to meet varied community needs, working through a lead respondent to provide a comprehensive approach, leveraging the experience and capabilities of multiple organizations that may serve specialized homeless populations. It is also understood that all reports, information, and/or data prepared or assembled by the Respondent for this RFP, or under a contract awarded pursuant to this RFP may be made available to any individual or organization under the California Public Records Act (CPRA), subject to limitations and exemptions in the CPRA. Each Respondent shall be financially solvent, and if a joint venture, each Respondent's employees, agents or sub -consultants of any tier shall be competent to perform the services required under this RFP document. Proposals will only be considered from Respondents which meet the following prerequisites • Have a minimum of three (3) consecutive years of successfully managing and operating homeless programs and delivering relevant services of a similar type and scope as described in the Scope of Work. • Have not filed for bankruptcy under any business name over the past five (5) years. • Have the current organizational experience and staff capacity to undertake a new Year - Round Homeless Shelter and Navigation Center. 03:II:1II Wa_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center AVAILABLE FUNDING The City anticipates that there will be available funding for the operation of said facility. Funding sources may include: Community Development Block Grant (CDBG), Homeless Emergency Aid Program (HEAP), Homeless Housing, Assistance and Prevention Program (HHAP), Housing Opportunity Ordinance (HOO) Inclusionary Funds, Emergency Solutions Grant (ESG), and Permanent Local Housing Allocation (State funds from SB2.) Funds used may have varying requirements and reporting for both the City and the Respondent. The basic programs regulations governing management and financial systems for the Community Development Block Grant and Emergency Solutions Grant are disseminated by the Federal government in 24 CFR Part 570, Subparts J and K. The City's Community Development Agency will administer the Agreement on behalf of the City. All requirements of the applicable local, state, federal, or private funding sources will apply to projects selected under this RFP. Respondent will submit a request for reimbursement on the first day of each month after the commencement date, with an itemized accounting and reasonable substantiation of the expenses actually incurred. Payment shall be made within forty- five (45) days following receipt of proper invoice evidencing fees, costs or services performed, subject to City accounting procedures. 65B-29 8 03:11:311WaG1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center RFP TIMELINE Santa Ana expects proposals to be project -ready with the intent of having the site operational no later than November 2020. If additional time is required, the City, at its sole discretion, may extend the deadline for the site to be operational, conditioned on obtaining an extension on the operation of the Link. The Respondent must provide a timeline within the Proposal demonstrating the ability to secure a site with the program operational by the indicated deadline. The following is the tentative timeline for the RFP process. ACTION ITEM Release of RFP DATE January 7, 2020 RFP Questions Due by Email January 20, 2020 RFP Responses to Questions January 30, 2020 Proposal Submittal Deadline Tuesday, February 25, 2020 at 2:00 PM Minimum Threshold Review February 26 — March 20, 2020 Panel Interviews (if required) March 23 — April 3, 2020 City Council Approval May 2020 Site Operational November 2020 65B-30 9 03:11:311WaG1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center PROPOSAL SELECTION PROCESS Proposal Selection Process The City shall establish a proposal evaluation committee to review and score proposals received. All proposals will be scored based on the criteria in this RFP. Additional information may be requested by the City evaluation committee prior to making a funding recommendation. Recommendations from the City evaluation committee may be brought to the Santa Ana City Council for an award of funding. The City shall not be liable for any costs incurred in response to this RFP, including but not limited to, costs for any interviews, presentations, or other follow-up information necessary as part of the selection process. All costs shall be borne by the organization responding to this RFP. The organization responding to this RFP shall hold the City harmless from any liability, claim, and expense whatsoever incurred by or on behalf of the organization. 1010 111:]IIV7_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center SCOPE OF SERVICES Overview The Year -Round Homeless Shelter and Navigation Center and its supportive service programs will be designed to provide a safe environment and a pathway for individuals, youth and families, experiencing homelessness on the streets of Santa Ana to transition into permanent housing. Clients will be admitted with low -barrier requirements through a referral system and coordination with the Santa Ana Police Department (SAPD), with no walk-ins allowed. The overall project will represent best practices in exceptional trauma -informed care for all shelter participants. The City's obligation will be for funding. The actual development, construction, maintenance, and operation of the shelter will be undertaken by the Respondent. Project Requirements Respondents to this RFP should specify programs and services for homeless individuals that, based on evidence, successfully promote the principles of Housing First and contribute to the regional goals of ensuring instances of homelessness are rare, brief, and non -recurring. All services must be easily accessible and evaluated for effectiveness on a regular basis. Effectiveness shall be measured using the Project Outcomes outlined in this RFP. The table below outlines the minimum requirements for the shelter. PROJECTIELEMENT Hours of Operation • The Shelter must be open 24 hours per day, seven days per week, including City holidays Target Population • Individuals, couples, families with children and transitional aged youth (TAY) populations Client Eligibility . Literally homeless in the City of Santa Ana Referred by Santa Ana outreach workers and the Santa Ana Police Department Willingness to participate in a housing plan Willingness to follow shelter behavior requirements 65B-32 11 1010 111:]II Va_I City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center Program Components • Three (3) nutritious meals each day Client support services Transportation/Shuttle Services Pet Accommodation Laundry Facilities Client access to on -site storage Outside area for clients, separate from entrance and location of storage Flexible space to accommodate special programming Auditing space for City staff ADA restrooms and showers Parking for 20 RVs/Vans Donation Area Dog Run Play area for children Residential Services • Housing First program with low -barriers to entry and operations Welcome, intakes, and assessment Assistance in obtaining safe, permanent housing Case management and other appropriate permanent housing - focused services (e.g., housing navigation, case conferencing) Participation in the Coordinated Entry System (CES) Coordination with the City of Santa Ana Housing Authority, referrals to County, State and Federal programs, as well as nonprofit and social service agencies, as appropriate Mail services, as needed Telephone access and message services, including an ADA- compliant telephone 65B-33 12 1010 111:]II Wa_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center General Standards • Adequate staffing with appropriate on -going staff training • 24-hour security to ensure a safe environment for clients, volunteers, and others • Operator to include data analysis as well as service delivery • Designated point -of -contact who is available at all times to address issues that may arise at the shelter and willingness to coordinate security issues with the Santa Ana Police Department. • Means for clients to provide input into programs. Property Management Respondent will maintain a secure and healthful environment for delivery of all services, including: • Furnishings, site control, prompt maintenance and repair, utilities, security, janitorial services, waste removal and disposal, regularly laundered linens, and other occupancy related items • Secure entry/exits for clients and service providers to be monitored by staff • Afire escape emergency plan • A fire watch, which shall be maintained at all times • A written drug and alcohol free policy for staff that is posted/displayed at the Shelter site at all times. The written policy shall include and describe the disciplinary action to result from the illegal use, consumption, distribution, and/or possession of drugs and/or alcohol 65B-34 13 1010 111:]IIW7_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center PROJECT OUTCOMES The performance outcomes will be measured by the table below as well as thresholds established in the annual Orange County Emergency Shelter Project Performance Report. Additionally, the Respondent and all partner organizations will be responsible for complying with standards for Homeless Assistance, Homeless Management Information System (HMIS), and CES. All Shelter activities will be documented in monthly and year-end reports in a format determined by the City of Santa Ana. Prioritize Entry for Persons from Low Barrier to Entry the Streets, Emergency 100% Shelter, or Safe Havens Average Length of Stay 120 days or less Employment Status at Exit At least 20% employed Access to Resources/Services Income Source at Exit 54% income from any source to Move into Permanent Housing and Stabilize other than employment at exit Housing cost < 50% of client income <_ 25% of exited clients Recidivism Movement Percentage return to shelter <_ 5% of clients with permanent housing exits return to shelter Negative < 35% non-compliance Exits Positive At least 50% to permanent housing 65B-35 14 03:11:311WaG1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center Occupancy Rate At least 95% Efficient and Effective Use of Resources Spending 100% spend -down of awarded funds Missing or Incomplete Data < 5% in HMIS Data Quality Timeliness of Data Entry Client data entered within 3 business days Resident Satisfaction Customer Service Reporting Only Critical Incident Reports Demographics Shelter and Housed Clients Reporting Only 65B-36 15 1010 111:]II Wa_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center PROPOSAL EVALUATION & SCORING Proposals will be evaluated based on the following criteria: • Completeness and accuracy of the completed proposal forms, and requested narratives • Applicant has demonstrated organization's experience serving persons experiencing homelessness and managing an emergency shelter program • Demonstrated experience in providing services and operating a shelter program similar in nature to the proposed Year -Round Homeless Shelter and Navigation Center • Ability of project design to achieve desired project outcomes 125 points total are possible. A minimum of 95 points is required for consideration of project award. Applications will be scored based on the following: POINTSMAXIMUM 10 EVALUATION CATEGORY Operator Experience and Capacity 25 Project Site and Readiness 25 Program Design and Outcomes 25 Service Delivery Method and Staffing 15 Project Costs 15 Service Provider Partnerships 10 Project Sustainability 125 Total Points Possible 65B-37 16 1010 111:]IIW7_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center MINIMUM SUBMISSION REQUIREMENTS All project proposals must contain the following minimum submission requirements: I. Operator Experience and Capacity A. Nonprofit Organization: Respondents and partners must have achieved IRS Section 501(c)(3) tax exempt nonprofit status and California Revenue and Taxation Code tax exempt nonprofit status before the start of the contract with Santa Ana. Respondents must have been in existence for at least three (3) years. 1) Three (3) years of annual financial statements; 2) Nonprofit organizations are required to submit an accountant's compilation report of financial statements. Audited financial statements must be submitted prior to loan funding. 3) References: Minimum of two (2) references associated with current contracts demonstrating successful ability to complete the responsibilities outlined in this RFP. B. System Coordination: Respondent and partners must coordinate and participate in the following manner or with the following agencies: 1) 2-1-1 Database 2) Coordinated Entry System (CES). Respondents of this RFP and related service providers will be required to utilize and participate in CES as determined by the City. 3) Memoranda of Understanding (MOU): If partnering with third -party organizations for any portion of the proposed project, a MOU must be submitted, outlining the details of each partnership. 4) Utilization of Homeless Management Information System (HMIS): Service providers will enter and maintain client data in the approved HMIS, as well as obtain and report required programmatic information and data on a monthly and annual basis. C. Housing First: Respondents and partners must demonstrate a commitment to ensuring the services created through award of this solicitation, follow the principles of Housing First as outlined by HUD and the U.S. Interagency Council on Homelessness. 1) Target Population: Respondents and partners must demonstrate a commitment to assist individuals and households who meet the U.S. Department of Housing and Urban Development's (HUD) definition for 5B-38 17 1010 111:]IIW7_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center homeless and chronically homeless. 2) Compliance and Performance History: Respondents and partners must demonstrate compliance with prior City funding awards and consistent conformance with all applicable rules and regulations. The Respondent's prior projects over the previous five (5) years must not have resulted in either financial loss to the City of Santa Ana or audit findings. 3) Financial Considerations: Respondents must demonstrate an absence of suspensions/debarments, suits/liens/judgments, and criminal or fraud evidence. Development Standards: Santa Ana will entertain proposals incorporating the utilization of a City asset, Respondent -owned asset, and/or the acquisition of a newly identified property using the below guidelines: A. Real Estate Selection: 1) Location / address / parcel number. 2) City -Owned Asset: Proposals including the utilization of a City asset, must also include a third -party feasibility analysis. 3) Respondent -Owned or Controlled Asset: Respondent identifies an existing asset, and the City provides funding for the expansion and/or rehabilitation of the site. 4) Site Acquisition/Lease: City acquires site proposed by Respondent and provides leasing opportunities for operator (propose rate in operating pro forma). B. Business Plan: 1) Santa Ana requires the Respondent to submit a five-year business plan for the shelter operation. 2) Included in the business plan should be an operational pro forma for the Shelter which incorporates the City contributions and other leveraged sources while also demonstrating how the program will be sustainable after City funding for capital and operations expire. C. Commercial Space Funding: City capital funds cannot be used to fund commercial/retail space. Applications must show non -City sources of funds for any commercial space in the project (including acquisition cost and/or rehabilitation cost) on the project pro forma or state in the General Application narrative no City funds will be used as a source for commercial/retail spaces. D. Ownership Structure: 1) Respondents must describe the ownership structure for the proposed HSNC facility. E. Preliminary Project pro forma (including predevelopment costs): 1) The City will provide up to ten -years of operating support, subject to budgetary authority; 2) All funds associated with operations and provision of services will be funded on a 45-day reimbursable basis by the City to Respondent; 3) The operator must establish and maintain 90 days of operating cash reserve at time of contract execution; 4) The City, through shelter opera'-,r for all services provided; the Shelter 65B-39 18 03:11:311WaG1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center operator will be responsible for funding subcontractors associated with all levels of service; 5) If CDBG funds are used for rehabilitation of Respondent site, it is expected the operating pro forma will reflect a reduced cost of facility operations; and 6) At time of contract execution, the operator will provide a detailed and final sources and uses statement by contractor estimates, architectural drawings for City site development plan or individual site development plan. F. Property Standards: 1) The property must substantially comply with federal CDBG property standards on the project start date, if applicable. G. Site Control: 1) At the time of application, the Respondent must have control of the proposed site through fee title, an option to purchase, a land sales contract, leasehold with development provisions, or any other enforceable instrument approved by the City. Site control must be demonstrated through construction finance closing. If this is not possible, the Respondent must demonstrate to the City's satisfaction all discretionary land use approvals can be granted within 180 days of the application receipt. H. Site Preparedness and Permitting Plan: 1) Respondent must include a detailed plan outlining how the proposed site will be prepared and permitted according to all applicable laws and regulations. Management and Operations Plan: Respondent must submit a draft Management and Operations Plan which may be amended after award. 1010 111:]IIW7_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center PROPOSAL REQUIREMENTS Respondents shall submit seven (7) complete hard copies of their proposal, and one (1) additional electronic copy on a USB flash drive. All seven (7) copies of the proposal must include a signed cover letter. This cover letter must include a declaration that the only person, persons, company, or parties interested in the proposal as principals are named herein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer has full authority to bind the Respondent. It must also include an email address and contact information for the signer. All proposal submissions shall be on 8-1/2" x 11" white paper. All project proposals must contain the following sections and information to be considered responsive: I. Operator Experience and Capacity - (10 points) A. Team. Describe the team members and their duties as part of the team. If more than one nonprofit is partnering in the service delivery describe the role of each entity. Documentation to be included in the Exhibits for each entity: 1) An organizational chart showing lines of responsibility 2) Documentation that each entity is certified by the U.S. Internal Revenue Service as a 501(c)(3) tax exempt non-profit corporation 3) Documentation that each entity is in good standing with both local, state and federal compliance. B. Experience. Describe the team's experience providing social service programs to individuals experiencing homelessness and operating a year-round shelter/navigation center, with an emphasis on experience gained in the last five years on projects similar to the proposed Homeless Shelter and Navigation Center. Describe team's experience working in the coordinated entry system. Describe team's property management experience. Provide data and information about performance outcomes for similar projects assuring exits to permanent housing. C. Capacity. Describe the team's administrative and managerial capacity to oversee the work necessary to successfully operate the proposed project. Provide evidence of Respondent team's financial strength and ability to raise private capital for the proposed uses. Such evidence should be in the form of private debt and equity providers' letters stating their willingness and ability to provide construction and term financing, and / or private equity to the applicant for the proposed use(s) during the respective fiscal years, contingent only on normal project due diligence and underwriting. 20 1010 111:1IIW7_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center D. References. Include a list of at least two references from public agency partners with full names, contact information, and identification of the projects. II. Project Site and Readiness— (25 points) A. Project Site. Describe the proposed project site for the Homeless Shelter and Navigation Center. Please make sure to include the following information: 1) Site location, size of location and size of building 2) Proximity to transit and community based resources 3) Site design as it relates to proposed use, target population and the surrounding community. Include a Good Neighborhood Plan in the Exhibits. The Good Neighbor Plan should include, but is not limited to, policies for community involvement and neighborhood patrol, the safety and security of clients and the surrounding neighborhood, mechanisms of communication, coordination and complaint resolution with the surrounding neighborhood, business and public, local police and fire departments, and maintenance of cleanliness in the neighborhood surrounding the shelter. A. Physical Condition of Site. Describe the physical condition of the site and any existing structures. Include the following information: 1) Site control 2) Current zoning and any required zoning changes 3) Description of the physical improvements required to implement the proposed project 4) Anticipated development costs, source of funds, and Contractor access to the additional funds required for the project 5) Describe implementation plan that clearly states project readiness schedule. III. Program Design and Outcomes — (25 points) A. Program Description. Detailed narrative describing the proposed shelter and explaining how the shelter design will ensure that multiple populations can be served. Narrative should describe the program design and explain how the design will achieve the desired outcomes. Please make sure to address the following information: 1) Continuum of Care System. Explain how the proposed shelter will be integrated into the larger Continuum of Care system. 2) HMIS. Describe organization's experience working in HMIS and your plan to comply with HMIS requirements. 3) Permanent Housing. Describe how clients will be connected to permanent affordable housing through the use of rapid rehousing or other systems. 5B-42 21 03:II:1II Wa_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center 4) Client Referral Process. Describe how referred clients will be linked with other organizations and service providers in compliance with its use of the Coordinated Entry System and to ongoing services, including physical and behavioral health care and job readiness. 5) Admission Criteria and Procedures. Describe admission criteria and procedures including client rules and guidelines, identification requirements, screening requirements, bed reservation system, new clients, day leave and returning clients and hours of operation. 6) Re -admission Procedures. Describe exit and re -admission policies and procedures. 7) Types of Services. Describe the type of on -site and off -site services to be provided including, but not limited to: housing location and navigation, outreach and engagement, intake and assessment, case management, residential services, and crisis intervention services. 8) Program Outcomes. Describe how program outcomes listed in the table will be met. 9) Case Management. Describe the level and frequency of case management. Explain how case management will increase stability. IV. Service Delivery Method and Staffing — (25 points) A. Provide information detailing the proposed number of staff for each program service, management plan including hiring and training policies, emergency procedures, conflict resolution and safety conduct. B. Provide a Staff Responsibility Matrix for the HSNC including volunteer monitoring, referral service and staff coordination. C. Describe how the staffing plan is consistent with the Management and Operations Plan. D. Respondent must address the following topics in the draft Operations and Management Plan (OMP). Respondent may submit and OMP for an existing emergency shelter currently operating with the County of Orange. The document may be amended after award of contract for operation of the HSNC. If the OMP does not include all of the required topics, additional information may be included as a narrative in this section, or as a supplemental exhibit to the existing OMP. Any deviations from the level of services described in the draft OMP must be clearly described in this section. 1) Describe your Volunteer Management Plan including a plan for the recruitment, training and management of volunteers for the program. Please describe the role of volunteers and volunteer policies including a description 65B-43 22 03:11:311WaG1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center of volunteer tasks, selection, screening, and background checks, orientation and training, lines of authority. 2) Describe the Safety Policy for the facility including facility maintenance, fire and earthquake safety, fire prevention procedures, lighting, loitering, entrance and exit procedures, alarms and cameras and on -site Security personnel. 3) Describe the Health Policies related to possession of controlled substances, drug policies, disease prevention, drug possession, etc. 4) Describe the Security Plan for the facility. 5) Describe Food Policies related to the provision of nutritionals needs of clients, health department standards and the sanitary storage and preparation of food. 6) Describe the policies of how the facility will accommodate pet and service animals. Describe Transportation Policies pertaining to pedestrian traffic and parking, bus and shuttle, personal vehicle transportation and parking, etc. 7) Describe Non -Discrimination Policies including, gender -specific programming, compliance with Americans Disability Act, Sexual Harassment and Policy regarding Sex -Offenders. 8) Explain Grievance Policies and Procedures related to receiving and posting the policy, process to make a complaint, resolving a grievance, meeting with staff and whistleblower policy. 9) Describe your agencies policies regarding Personal and Database Confidentiality. V. Project Costs — (15 points) A. Provide estimate of funding needed and identify potential funding sources for the project proposed. Clearly identify the costs/uses associated with each funding source identified in the RFP. B. Provide line item cost of services including in -kind values. C. Provide estimated cost per client. D. Provides funding source associated with each line item. E. State how Respondent prefers to receive payments, ie, lump sum, monthly, or quarterly. VI. Service Provider Partnerships — (15 points) A. Narrative description which clearly states which service provider is offering which services. Provide the name of each agency which will provide the services and their level of experience. Please attach letters of endorsement, if available. 1010 111:]IIW7_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center VI I. Project Sustainability — (10 points) A. Narrative description addressing the sustainability of the project over a ten-year period. Vill. Required Exhibits and Attachments Respondent shall complete and return the following Exhibits attached herewith: • Exhibit A - Contractor's Statement • Exhibit B - Additional Insured Endorsement for Commercial General Liability Policy (Not required until after contractor selection) • Exhibit C - Certification of Nondiscrimination • Exhibit D - Non -Collusion Affidavit • Exhibit E - Commitment to Enter into Memorandum of Understanding with the Santa Ana WORK Center Respondent shall submit the following attachments: 501 c(3) letter and evidence in good standing for each partner Three years of audited financial statements (including management letters) Minimum of two (2) references associated with current homeless shelter contracts Memorandums of Understanding (MOU) with Third Party Organizations (if applicable) Business Plan which includes an Operational Pro -Forma for the Shelter Operation (10 years) Preliminary Project Pro -Forma including Pre -Development Costs Preliminary Sources and Uses Statement Organizational Chart, including key staffing for the proposed project Staff Resumes & Job Descriptions Site Map Documentation of Site Control Site Preparedness and Permitting Plan Individual Service Plan (Draft) Management and Operations Plan (Draft) Program Policies & Procedures (Draft) Good Neighbor Plan (Draft) Shelter Client Rules (Draft) Letters of commitment for services Third -Party Site Feasibility Assessment (if applicable) Please include any additional information you deem essential to a proper evaluation of your proposal and which is not solicited in any of the preceding sections. Creative and innovative ideas can be addressed through -out the proposal. Applicants are cautioned this does not constitute an invitation to submit large amounts of extraneous material; appendices should be relevant and brief. 65B-45 24 03:11:311WaG1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center GENERAL INFORMATION 1) Contact: To facilitate the RFP process, Respondent is required to monitor and respond to e-mail requests within 48 hours. No oral interpretations will be made by the City to any Respondent as to the meaning of requirements identified herein including the Scope of Work. Every request for such an interpretation must be made in writing via e-mail to the Community Development Agency Executive Director at smendozaCcDsanta-ana.org 2) City Reserve's the Right to: a) No obligation to pay costs incurred in preparation of a response to this RFP. b) All data, documents and other products used, developed or produced during response preparation to the RFP will become property of the City. c) Reject, replace or approve any and all Respondents. 3) Coordination: Coordination by the awarded Provider with the City, as well as other Contractor and agencies will be required to achieve satisfactory and timely delivery of the required work. Coordination may include, but not be limited to, coordination with impacted businesses, neighborhood and civic groups, local and/or state agency boards and staff, or attendance at Community Redevelopment and Housing Commission meetings or City Council meetings. a) The City will decide the manner in which the coordination efforts will be conducted. At the City's option, coordination efforts may be performed by the City Homeless Services Manager. When coordination efforts require agreements, such agreements shall be coordinated with the City. 4) Business License: The selected Respondent shall be required to obtain a City of Santa Ana business license within 30 days of selection and must provide a copy to the City project manager or designee prior to commencing any work in Santa Ana. 5) Authorized Signer: The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the Consultant. 03:II:1II Wa_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center 6) Addendum: If clarification or interpretation of this RFP is considered necessary by the City, a written Questions and Answers Addendum shall be updated and provided directly to the Contractor(s) who asked the question(s). 7) Public Record: Proposals will become public record after submission. Interested offers may submit a written request to receive the results of the evaluation. City will make best efforts to maintain Respondent information identified as proprietary information confidential, to the extent allowed under the California Public Records Act. Submit your request to, City of Santa Ana Community Development Agency, Attn: Terri Eggers, Senior Community Development Analyst, 20 Civic Center Plaza M-26, Santa Ana, CA 92701. 1010 111:1IIW7_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center AGREEMENT INFORMATION 1) Hold Harmless: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, Homeless Division, 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, Contractor, subcontractor, 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 the Agreement. 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. 2) Termination: The City reserves the right to terminate the contract, without penalty, for cause immediately or without cause. a. In the event Contractor fails or refuses to timely perform any of the provisions of the Agreement in the manner required, or if Contractor violates any provision of the Agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor Agency. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the Agreement forthwith by giving written notice to Contractor Agency. City may, in addition to the other remedies provided in the Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Contractor default. 65B-48 27 03:11:311WaG1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center b. This agreement may be terminated without cause by City and/or Homeless Division upon thirty (30) days written notice delivered to the Contractor either personally or by mail. Upon termination, City and/or Homeless Division shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. 3) 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 Homeless Division or in the event on nonpayment by the City or Homeless Division. 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 and/or Homeless Division, Contractor shall give the City and/or Homeless Division thirty (30) working days to cure the alleged breach. 4) 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 the Santa Ana WORK Center and community centers. Such effort and procedure will be provided to the City for review. 5) Compliance with Applicable Laws and Regulations: Contractor shall perform all requirements under the 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. a. Contractor warrants that the performance of services under the 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 the contract. 1010 111:]IIV7_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center INSURANCE REQUIREMENTS Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractor, if any, to obtain and maintain insurance as described below: 1) Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance, which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $2,000,000 per occurrence, $2,000,000 in the aggregate. 2) 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. 3) Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 4) The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 5) Commercial general liability and business automobile insurance policies shall (a) name the City, Homeless Division, 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 Homeless Division; and (c) contain standard separation of insureds provisions. Insurance must include 30 Days' Notice of Cancellation with 10 Days' Notice for Non -Payment of Premium in accordance with policy provisions and an additional insured endorsement. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 6) Certificates of insurance shall be furnished to the City Risk Management and Homeless Division upon execution of this Contract and shall be approved in form by the City Attorney and Risk Management Division. Certificates and policies shall state that the policies shall 5B-50 29 1010 111:1IIW7_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City and Homeless Division. 7) If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City and the Homeless Division with required proof that insurance has been procured and is in force and paid for, the City and Homeless Division shall have the right, at the City's/Homeless Division's election, to forthwith terminate the 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 and the Homeless Division for any work performed prior to approval of insurance by the City and Homeless Division. 65B-51 30 1010 111:]IIV7_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center EXHIBIT A - CONTRACTOR'S STATEMENI PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S STATEMENT Contractor understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana and the Community Development Agency, Homeless Services Division, hereinafter collectively referred to as the City) shall constitute the entire agreement between Contractor and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting her approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to Contractor or deposited with the United States Postal Service properly addressed to the Contractor with the correct postage affixed thereto. Contractor understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non -Discrimination by Contractor, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. ORGANIZATION NAME SIGNATURE TITLE 7=10iIiM DATE 65B-52 31 1010 111:]II Wa_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center EXHIBIT B - CERTIFICATION OF NON- DISCRIMINATION PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S CERTIFICATION OF NON-DISCRIMINATION The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible 65B-53 32 03:11:311WaG1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center for further Government contracts or federally assisted construction/services contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the 8. Contractor may request that the United States enter into such litigation to protect the interests of the United States. 9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, No discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any Contractor violating this Section is subject to all the penalties imposed for a violation of the Chapter. FIRM SIGNED AND PRINTED NAME TITLE DATE 03:11:311WaG1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center EXHIBIT C - NON -COLLUSION AFFIDAVIT PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) rr.��yr�-c.»y_�i.rr_�_gar_�K.�wiwm►ire-�.»•ia�.»�wa►rr_�Ha►�y-i In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the CONTRACTOR 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 CONTRACTOR has not directly or indirectly induced or solicited any other CONTRACTOR to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any CONTRACTOR or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the CONTRACTOR has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the CONTRACTOR or any CONTRACTOR, or to fix any overhead, profit, or cost element of the bid price, or of that of any other CONTRACTOR, 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 CONTRACTOR 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. CONTRACTORS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signature and Notary Seal on the next page 65B-55 34 03:11:311WaG1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT SIGNATURE PAGE FIRM SIGNED AND PRINTED NAME TITLE State of California County of DATE Subscribed and sworn to (or affirmed) before me on this day of 20 , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal 1010 111:1II Va_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center EXHIBIT D - COMMITMENT TO ENTER INTO MEMORANDUM OF UNDERSTANDING WITH THE SANTA ANA WORK CENTER PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT Contractor understands and agrees that s/he will be required to enter into a Memorandum of Understanding (MOU) with the Santa Ana WORK Center to coordinate services. The purpose of the MOU is to establish a cooperative working relationship between the parties in order to provide program beneficiaries with information about WORK Center opportunities to find better jobs and careers. The MOU serves to establish the framework for providing services to employers, job seekers and others needing workforce services. The goal is to ensure that all program beneficiaries have been provided an opportunity to connect with the WORK Center and be assisted with the tools and knowledge necessary to enter the workforce or obtain a higher - paying job. The Santa Ana WORK Center is available to connect program beneficiaries to a full range of no - cost services, resources and opportunities to help: • Build the skills employers want most • Access training and/or education programs that lead to employment • Find the jobs and employers who are hiring • Screen for additional employment or social services • Receive support to succeed in job search Contractors are encouraged to contact the Santa Ana WORK Center at (714) 565-2629 to learn more about their programs and services and the terms and conditions of the MOU. A template for the MOU will be provided promptly to the Contractor after the announcement of an award. All terms contained in the Memorandum of Understanding are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. FIRM SIGNED AND PRINTED NAME TITLE DATE 65B-57 0 1010 111:]II Wa_1 City of Santa Ana RFP: Year -Round Homeless Shelter and Navigation Center 65B-58 37 iW:cu:31r►a:3 EXHIBIT A: NAVIGATION CENTER SCOPE OF SERVICES CASE MANAGEMENT A Case Manager's primary function is to connect clients to an array of social services, entitlements, Food Stamps, Medi-Cal, and assist clients with completing any applications for SSI, SSDI, Unemployment or retirement benefits. In addition, a Case Manager will work closely with the client to secure vital documents needed to obtain permanent housing such as:Birth Certificate, Driver's License or ID card, Social Security card, Passport, etc. Case Managers will also be the primary point of contact when assisting clients through legal issues, homeless court, and traffic tickets. Case Managers meet weekly, and at times much more frequently with clients to develop goals, to obtain and maintain housing, and to become stable and active in the community at large. Most importantly, Case Managers assist Housing Navigators when preparing a client for permanent housing. HOUSING NAVIGATIONAND SUSTAINABILITYSERVICES Housing Navigators support Case Managers as they work with clients to gain housing. A Housing Navigator's job is to cultivate and maintain housing inventory suitable to meet the needs of our clients. Housing Navigators assist clients when navigating the Housing Authority and the housing voucher system, landlord/tenant relations, rights and responsibilities of tenants. In addition, Housing Navigators can assist clients with a"hands on" approach when doing walkthroughs of potential units and introductions of the landlord and client. Housing Navigators assist clients from the housing application process through to the move in. Housing Navigators continue to support clients in housing as retention and stabilization specialists as well. SITE/PROGRAM MANAGEMENT The Site Manager is responsible for the day-to-day supervision of the facility and all staff assigned to the facility. Site Managers will maintain the facility up to city building codes and contractual obligations at all times. Site Managers serve as arbiter in client issues, and set standards of performance for all direct reports. Additionally, Site Managers will track and report on all contractual data and outcome reporting. SITE CLEANLINESS Site Assistants' primary function is to assist clients with their day-to-day needs including but not limited to: bedding, hygiene supplies, storage of personal items, transportation to and from appointments, laundry or food service where a client is physically incapable of completing these tasks without assistance. Site Assistants will also be responsible for the daily upkeep and cleanliness of the facility. In addition, a Site Assistant's role is to engage each client on a daily basis, build trust and rapport and ultimately a relationship that will allow for mutual communication and respect. This foundation is instrumental in addressing emergent issues with clients, and assisting in crisis de-escalation. 1 65B-59 0:cu:31r►a:3 SUBSTANCE USE COUNSELING The role of the Substance Use Counselor is to address clients who by their own admission suffer from the negative impact of substance use in their lives. Counselors will use a "Harm Reduction" approach when making contact with clients. The Harm Reduction model recognizes that each individual has the right to self-determination. We have had success with this approach, seeing numerous clients modify or discontinue use of substances. Counselors will be able to reflect back some of the negative and lasting effects that substance use may be having in a client's life, and offer them the therapeutic tools and support to build their own customized Recovery Plan. BEHAVIORAL HEALTH THERAPY The role of the Behavioral Health Therapist is to build trust and rapport with the client in an attempt to address possible past traumatic episodes. Using evidence -based practices, a Behavioral HealthTherapist who is able to gain the trust of their client can, in many cases, deliver services that assists the client with processing their past life experiences that have kept them from being able to move forward into stability. This plays a key role in preparing long-term or chronically homeless individuals for the possibility of being housed and remaining stably housed. PROGRAM LAYOUT The Navigation Center will include: • Sleeping Area • Pet Accommodations • Dining/Commons Area • Food Storage, Refrigeration, and Prep Area • Security Offices/Station • Site -Administration and Operations Offices • Intake and Private Meeting Areas • Restroom and Shower Areas • Laundry Facilities • Client Storage Area • Recreational Opportunities • Access to Computers In addition, the site will also feature: • Outdoor Facilities/Areas • Bike Rack Area • Outdoor Commons • Pet Area 2 M ME O:cu:31r►a:3 ADMISSION CRITERIA All clients must be literally homeless in the City of Santa Ana Clients will be admitted through the reservation system. A prospective client must be willing to participate in creating and working a housing plan, follow facility expectations, and maintain appropriate behavior with consideration for other clients. All clients must review and sign a copy of the "Client 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 services without one Case Managers and/or Housing Navigators will assist clients in obtaining a California ID, providing each client with a no -cost ID voucher. EXIT PROCEDURES When a client must be exited for serious or continued rule violations, the following procedure will be used: • The client will have the procedure explained in a polite and concise manner. • The client will be given 2-3 alternatives for shelter (based on availability), and will be assisted with gathering all belongings. • Client will be asked to sign a Discharge document (client's refusal to sign will be noted and a second staff signature will suffice). • Client will be transported to either the shelter they have chosen or to one of the preapproved drop off/pick up destinations. When a client is exiting into housing or reuniting with family, they will sign the coinciding documents, gather their belongings, receive a certificate of successful completion, and be transported to their new living arrangement. GOOD NEIGHBOR POLICY Illumination Foundation 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 program will be recorded and forwarded to the appropriate staff for prompt investigation. Illumination Foundation will be fully committed to an appropriate customer service response and will consider the resolution of community complaints a high priority. Illumination Foundation 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. Illumination Foundation will highlight volunteer, in -kind, and donation opportunities encouraging community support for the program. 3 65B-61 iW:cu:31r►a:3 Illumination Foundation is committed to communicating and working collaboratively with the City, law enforcement, and fire departments through all stages of program implementation- from facility design to program execution. The intention of Illumination Foundation is to be as self-sufficient as possible and minimize the facility'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 facility. Illumination Foundation will provide an array of services and support that will be beneficial to local police and fire departments. 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 connect homeless individuals with housing opportunities • Statistical reports on number of clients served, length of stay and/or demographic information Illumination Foundation will be committed to active participation in city and county -wide community events. To the extent that is reasonable and feasible, representatives of Illumination Foundation 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, Illumination Foundation may sponsor special events, such as community resource fairs, which will include the community and the neighborhood on various occasions. STAFF PLAN Illumination Foundation will exercise their best efforts to prioritize Santa Ana residents while hiring for this facility, but may hire from any geographic area if necessary. STAFF TRAINING All 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, trauma -informed care, motivational interviewing, mediation, and positive communication skills. 4 65B-62 iW:cu:31r►a:3 Security staff will be provided sensitivity training to better equip them to work with homeless clients, and those in crisis. ACCESS TO SAFE SHELTER The Navigation Center will be accessible 24 hours a day, seven days/week, 365 days a year. In 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 Navigation Center Program or services will be permitted. Illumination Foundation shall prioritize all beds at the facility for use by persons who reside in Santa Ana, based on reasonable criteria established to determine residency. Approved referral agencies are City of Santa Ana authorities, including but not limited to members of the Santa Ana Police Department, Santa Ana staff, and/or third -parties under contract with the City for outreach and engagement services with homeless individuals. This includes CityNet, Illumination Foundation, and the Orange County Health Care Agency. LENGTH OF STAY Illumination Foundation proposes a 120- to 180-day length of stay; however based on a client's vulnerability, chronicity, and available housing inventory, more time may be required. It is Illumination Foundation's goal to match all eligible individuals to appropriate permanent housing at the earliest opportunity. Each client will have a Case Manager 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. SLEEPINGAREAS Due to the nature of this facility, beds provided will be single beds, in a dorm setting. Each client will be assigned a pillow and bedding for the length of their stay. Bedding will be washed and changed at regular intervals to promote health and cleanliness. 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 the transgender population, those dealing with illness or for other special needs populations. PET FRIENDLY Illumination Foundation believes in providing support for the most vulnerable individuals and their companion animals. The Navigation Center Program will provide space for a total of 30 companion/service/support animals. Clients may bring (1) pet with them up to the shelter maximum of 30. Animals must be maintained by the clients, however Illumination Foundation can help with linkage to animal resources, including veterinary and hygiene services in most cases. 5 65B-63 iW:cu:31r►a:3 MEALS Breakfast, lunch, dinner, and healthy snacks will be provided for all clients in a central dining area Hot meals will be purchased and delivered to the site daily from an Illumination Foundation service partner. These meals will be served to clients of the facility 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 daily. Toiletries will be provided by Illumination Foundation to clients as needed. Laundry will be done by paid staff and volunteers at intake. Clients will be assisted with their laundry on a weekly basis to ensure a healthy shelter environment. As a preventative measure, upon entry all client's clothes and belongings will be sanitized and washed to prevent the spread of pests and allergens. TRANSPORTATION Illumination Foundation will provide transportation in vans and shuttles to predetermined drop off/pick up locations throughout the city of Santa Ana. In addition, Illumination Foundation will provide clients with transportation to and from doctors appointments, social services appointments, housing appointments and any other destination that is in alignment with the client's established housing plan. Some transportation may be completed by Uber, Lyft, and OCTA depending on the availability of transportation, the volume of clients requiring transportation on a given day, and the client's vulnerability and capabilities. SECURITY Illumination Foundation will contract with a state -licensed security vendor that will be stationed inside and outside of the facility property 24 hours a day 7 days a week. Illumination Foundation will follow policies and procedures that promote utmost safety for clients, staff, volunteers, and the community. Illumination Foundation 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 multifaceted 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. 6 M ME iM:c11:11Iz.] C U _ O E C (U 3 c Y O O E m Y C N N O C O N LO L 0 • O m N m p C N C �O M _ E o_ m N CL op N Y +n 3 O C U N (0 rl M > m N E X a CL Q O C a Q ppm N r g r^n Ln N N Ln !. 0) Ln � N �p J O o H d, ( v (U (U U • C O_ C N ] C fl c w ZC � O c v U ai N N X J CL U 1 O O i v O_ n 0 41 J e n d y F rvl fS O] � O M I ll F O vl t0 vl N m In Ie In w v �o m o m m o m w w .Ni O m oO C� o In u� m w m 1 T .ti d o In Ie vi T .ti Ie v m m N o w n n N m m m N V l0 N O] 1 M V n V I le m w � m oc rvi 1 w .i e'I N N V n � M O on] n V M O M vl M q O vMl M tip I�it I� n .i O vl t0 vl N N O] e1 O N m 1 of Lr� vi .ti od v vi o 1 O vl t0 vl e1 ri o �o �o ry n m w 1° o In M vi T .ti M n oO m m o m N Of O M M N .y M O 1 d 0 o m m o 0 0 0 1 O] m m m v n M n n In A r w � d N � w V y d ? ? 2 m n Z a d a d of Q a w d N 2. O - _ Io O - O Wa IG d LL 0 d d d N O I� W rvI l0 V N t0 O e'i N l0 O V I� M M m n n n m v Ie rvi rvi Lr� m O] ry vl Lr�N r] rr�m cr�.y (f N m O] t0 vl t0 M t0 M M V� N N N iA V I� V1 n V1 M l0 n V t0 n O] n m m o m w n t0 m m o O O] M I� O] O] ti vi n rvi w � � m rvi v �o O In n In m ry m m oO o d.-i vi ni °' I o m M 1If N rvi V� N N N iA Vl N N l0 m O m N M t0 V O] O� O N m � ] V O V I� NV W t0 N N N m V o] f cO O] N m V N N t0 V Om M lO O M O O] N N vl �O O V I� M V Ol ei Opf Of M� od m .N. m m w ry iMo n c m vv m o O] .Lri O O] m M O y0 n V 0 M M N rvi s O] V l0 VNl � T N ti A 01 N m �o In n om Lr o v r� In w Od ry m m n V 0 N N N M g vMi t2 m v ry m 3 8 `ry ^m m m v, �o O In m In o M n OR n .m. o v e+i om m N m uoi n V 0 N N N rvi 'O vg l O V �O M 1 O] yp e'I N t0 lv O O O O O O O O O N n n m L O1 vl IfV l0 rvl O] O] 1If t0 If fV V N lv N V� N N N iA A r Q � C � N d u 12 d y 2— L �°- o d O c o Q m d > g o 'a w w - v o E d. V N r r Idn a O r In r 2 E o a W 65B-65 103:II:i11PAl] AI RCRES STANDARD INDUSTRIAL/COMMERCIAL SINGLE -TENANT LEASE - NET (DO NOT USE THIS FORM FOR MULTI -TENANT BUILDINGS) 1. Basic Provisions ("Basic Provisions"). 1.1 Parties. This Lease ("Lease"), dated for reference purposes only May 2020 , ismade byand between DYER 18 L ("Lessor")and ILLUMINATION FOUNDATION ("Lessee"), (collectively the "Parties," or individually a"Parry"). 1.2 Premises: That certain real property, including all improvements therein orto be provided by Lessor under the terms of this Lease, co only kno as (street address, city, state, zip): 1815 EAST CARNEGIE AVENUE, SANTA ANA, CA 92705 ("Premises"). The mrses��are locate 'n the County of ORANGE , and are generally described as (describe briefly the nature of the property and, if applicable, the "Project," if pr perty is located within a Project): AN APPROXIMATE 29,503 SQUARE FOOT FREESTANDING INDUSTRIAL BUILDING . Seealso Paragraph 2) \ 1.3 Term: 15 yearsand 0 months ("Original Term")commencing 202 (" ncement Date") and ending 2035 ("Expiration Date"). (See also Paragraph 3) - 1.4 Early Possession: If the Premises are available Lessee may have non-exclusive possession of the Premises com encing Al("Early Possession Date"). (See also Paragraphs 3.2 and 3.3) 1.5 Base Rent: $61, 666.00 per month ("Base Rent"), payable on the 1ST day of each m ncing SEE ADDENDUM (See also Paragraph 4) ❑ Ifthis box is checked, there are provisions in this Lease for the Base Rent to be adjusted. See Paragraph SEE A DENDUM 1.6 Base Rent and Other Monles Paid Upon Execution: (a) Base Rent: $61, 666.00 for the period 1ST MONTH RENT_. (b) Security Deposit: $61, 666.00 ("Security Deposit"). (See also Parag9ph 5) (c) Association Fees: for the period (d) Other: for (e) Total Due Upon Execution of this Lease: $12 3 , 332 1.7 Agreed use: A HOMELESS NAVIGATION AND -RECU@eRAT VE CA E CENTER CLINIC AND i OFFICE SPACE .(See also Paragraph 6) 1.8 Insuring Party. Lessoris the"Insuring Parry" unless otherwise stated herei . See also Paragraph 8) 1.9 Real Estate Brokers. (See also Paragraph 15 and 25) (a) Representation: Each Party acknowledges receiving a Disclo re ea Estate Agency Relationship, confirms and consents to the following agency relationships in this Lease with the following real estate br0J0rsQBr0 ") and/or their agents ("Agent(s)"): er of (check one): ❑ the Lessor; or ❑ both the Lessee and Lessor (dual agent). the Lessor's Agent (salesperson or broker associate); or ❑ both the Lessee's Lessor's Brokerage Firm N/A License No. Lessor's Agent N/A License No. Agent and the Lessor's Agent (dual agent). Lessee's Brokerage Firm N/A Licensee<o. broker of (check one): ❑ the Lessee; or ❑ both the Lessee and Lessor (dual agent). Lessee's Agent N/A License No. check one): ❑ the Lessee's Agent (salesperson or broker associate); or ❑ both the Lessee's Agent and the Lessor's Agent(duaI age t). (b) Payment to Brokers Pon execution and delivery of this Lease by both Parties, Lessor shall pay to the Brokers the brokerage fee agreed to in a separate written agreement (or if a is no such agreement, the sum of or Y of the total Base Rent) for the brokerage services rendered by the Brokers. 01 1.10 Guarantor. The legations oft Lessee under this Lease are to be guaranteed by THE CITY OF SANTA ANA ("Guarantor").(Seealso Paragraph 37) 1.11 Attachments. a d hereto are the following, all of which constitute apart of this Lease: ❑ anAddogQum cons 'ngof Paragraphs 51 through 70 ❑ a plot pl de he Premises; ac Bit of the Rules and Regulations; 2. P iseg! 2.1 Letting. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental, and upon all of the terms, Vvena s and conditions set forth in this Lease. While the approximate square footage of the Premises may have been used in the marketing of the Premises for pu es of comparison, the Base Rent stated herein is NOT tied to square footage and is not subject to adjustment should the actual size be determined to be different. NOTE: Lessee Is advised to verify the actual size prior to executing this Lease. IN ITIALS IN ITIALS © 2019 AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM STN-27.30, Revised 11.25-2019 65 B-66 Page 1 of 16 C iN:c11:111MAD] 2.4 Acknowledgements. Lessee acknowledges that: (a) it has been given an opportunity to inspect and measure the Premises, (b) it has been advised by Lessor and/or Brokers to satisfy itself dh respect to the size and condition of the Premises (including but not limited to the electrical, HVAC and fire sprinkler systems, security, environmental] cts, and compliance with Applicable Requirements and the Americans with Disabilities Act), and their suitability for Lessee's Lessee intended use, (c) has ma?e suc vestigation as it deems necessary with reference to such matters and assumes all responsibility therefor as the same relate to its occupancy of the Pre es, (d) it is relying on any representation as to the size of the Premises made by Brokers or Lessor, (e) the square footage of the Premises was not mates o Lessege's decisi to lease the Premises and pay the Rent stated herein, and (f) neither Lessor, Lessor's agents, nor Brokers have made any oral or written re. tali f(s of warranties with respect to said matters other than as set forth in this Lease. In addition, Lessor acknowledges that: (i) Brokers have made no representad , promises or warranties concerning Lessee's ability to honor the Lease or suitability to occupy the Premises, and III) it is Lessor's sole responsibility to ate th nancial capability and/or suitability of all proposed tenants. 2.5 Lessee s Pri ne Occupant. The warranties made by Lessor in Paragraph 2 shall be of no force or effect if immediately prior to the Start Date Lessee was the oy{pper or o nt of t e Premises. In such event, Lessee shall be responsible for any necessary corrective work. N Te 8ommencement Date, Expiration Date and Original Term of this Lease are as specified in Paragraph 1.3. 3.2 rly Possession. Any provision herein granting Lessee Early Possession of the Premises is subject to and conditioned upon the Premises being available for suc o ssion prior to the Commencement Date. Any grant of Early Possession only conveys a non-exclusive right to occupy the Premises. If Lessee totally or partially Accuples the Premises prior to the Commencement Date, the obligation to pay Base Rent shall be abated for the period of such Early Possession. All other terms of is Lease (including but not limited to the obligations to pay Real Property Taxes and insurance premiums and to maintain the Premises) shall be in effect tkinVOch period. Any such Early Possession shall not affect the Expiration Date. 3 Delay In Possession. Lessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM STN-27.30, Revised 11-25.2019 65 B-6 /J Page 2 of 16 WNIM11:111PA.I validity of this Lease or change the Expiration Date. Lessee shall not, however, be obligated to pay Rent or perform its other obligations until Lessor delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Lessee. If possession is not delivered within 60 days after the Commencement Date, as the same maybe extended under the terms of any work Letter executed by Parties, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be \J�r discharged from ail obligations hereunder. If such written notice is not received by Lessor within said 10 day period, Lessee's right to cancel shall terminate. If possession of the Premises is not delivered within 120 days after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing. 3.4 Lessee Compliance. Lessor shall not be required tote rider possession of the Premises to Lessee until Lessee complies with its obligation to provide evidence of insurance (Paragraph 8.5). Pending delivery of such evidence, Lessee shall be required to perform all of its obligations under this Lease from a iaRer the Start Date, including the payment of Rent, notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance. Fu r, ilLessee is required to perform any other conditions prior to or concurrent with the Start Date, the Start Date shall occur but Lessor may elect to withhold posAssio ndl such conditions are satisfied. 4. Rent. 4.1 Rent Defined. All monetary obligations of Lessee to Lessor under the terms of this Lease (except for the Security Deposit) are deem t e rent ("Rent")- 4.2 Payment. Lessee shall cause payment of Rent to be received by Lessor in lawful money of the United States, without offset r deducti except as specifically permitted inthis Lease), on or beforethe dayon which it is due. All monetary amounts shall be rounded to the nearest wh e o r. In [ r<event that any invoice prepared by Lessor is inaccurate such inaccuracy shall not constitute a waiver and Lessee shall be obligated to pay the amounts fo m ni, Lease. Rent for any period during the term hereof which is for less than one full calendar month shall be prorated based upon the actual nu days aid month. Payment of Rent shall be made to Lessor at its address stated herein or to such other persons or place as Lessor may from time to tim e,Ign,t in w ng. Acceptance of a payment which is less than the amount then due shall not be a waiver of Lessor's rights to the balance of such Rent, regar s of L 's ebdorsement of any check so stating. In the event that any check, draft, or other instrument of payment given by Lessee to Lessor is dishonored ny r� Lessee agrees to pay to Lessor the sum of $25 in addition to any Late Charge and Lessor, at its option, may require all future Rent be paid by cas - s the Pa enis will be applied first to accrued late charges and attorney's fees, second to accrued interest, then to Base Rent, Insurance and Real Property Ta. , anJre aini amoun[to any other outstanding charges orcosts. 4.3 Association Fees. In addition totheBase Rent, Lessee shall payto Lessoreach mooch an amount equal tor's association or condominium fees levied or assessed against the Premises. Said monies shall be paid at the same time and in the same manner as the B S. Security Deposit. Lesseeshall deposit with Lessor upon execution hereof the Security De it as security for Lessee's faithful performance of its obligations under this Lease. If Lessee fails to pay Rent, or otherwise Defaults under this Lease, Lessor m use, apply or retain all or any portion of said Security Deposit for the payment of anyamount already due Lessor, for Rents which will be due in the future, and/omburse or compensate Lessor for any liability, expense, loss or damage which Lessor may suffer or incur by reason thereof. If Lessor uses or applies al any por of the Security Deposit, Lessee shall within 10 days after written request therefor deposit monies with Lessor sufficient to restore said Securi epesit [o thef l,amount required by this Lease. Ifthe Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, depo addi al monies with Lessorso that the total amount of the Security Deposit shall at all times bear the same proportion to the increased Base Rent as the initial S ' Deposit bore to the initial Base Rent. Should the Agreed Use be amended to accommodate a material change in the business of Lessee or to accomm to a subl ee or assignee, Lessor shall have the right to increase the Security Deposit to the extent necessary, in Lessor's reasonable judgment, to account for any cr wea nd tear that the Premises may suffer as a result thereof. If a change in control of Lessee occurs during this Lease and following such change the fina ial ndi of Lessee is, in Lessor's reasonable judgment, significantly reduced, Lessee shall deposit such additional monies with Lessor as shall be suffici o use Security Deposit to be at a commercially reasonable level based on such change in financial condition. Lessor shall not be required to keep the Se rity Dep i[se rate from its general accounts. Within 90 days after the expiration or termination of this Lease, Lessor shall return that portion of the Security Deposi of u led by Lessor. Lessor shall upon written request provide Lessee with an accounting showing how that portion of the Security Deposit that w e to was applied. No part of the Security Deposit shall be considered to be held in trust, to bear interest or to be prepayment for any moniesto be poi y Lessee de his Lease. THE SECURITY DEPOSITSHALL NOT BE USED BY LESSEE IN LIEU OF PAYMENT OF THE LAST MONTH'S RENT. N 6. Use. 6.1 Use. Lessee sha I use and occupy the Premiseso rthe Agreed Use, or any other legal use which is reasonably comparable thereto, and for no other purpose. Lessee shall not use or permit the use of the Premises in a manner that is unlawful, creates damage, waste or nuisance, or that disturbs occupants of or causes damage to neighboring premi sor properties. Other than guide, signal and seeing eye dogs, Lessee shall not keep or allow in the Premises any pets, animals, birds, fish, or reptiles. Lessor shal t unreasonably withhold or delay its consent to any written request for a modification of the Agreed Use, so long as the same will not impair the structural integriK oft improvements on the premises orthe mechanical or electrical systems therein, and/or is not significantly more burdensome to the Premises. If Lessor el s to withh consent, Lessor shall within 7 days after such request give written notification of same, which notice shall include an explanation of Lessor'so' coons [o the change in the Agreed Use. 6.2 Hazardous S rant (a) Reportabl es Require Consent. The term "Hazardous Substance" as used in this Lease shall mean any product, substance, or waste whose presence, use, m cture, osal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either: (1) potentially injurio to blic ealth, safety or welfare, the environment or the Premises, Ili) regulated or monitored by any governmental authority, or (III) a basis for potential liabilit of ssor any governmental agency orthird party under any applicable statute or common law theory. Hazardous Substances shall include, but not be ite , by ocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof. Lessee shall not engage in any activity in or on t Premise whit constitutes a Reportable Use of Hazardous Substances withoutthe express priorwritten consent of Lessor and timely compliance (at Lessee's expen wit t%ppli able Requirements. "Reportable Use" shall mean (i) the Installation or use of anyabove or below ground storage tank, (ii) the generation, 10"%Lsior1Qto rage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or busine la required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicab Requirements requires that a notice be given to personsentering or occupyingthe Premisesor neighboring properties. Notwithstanding the foregoing, Lessee y use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, ordinary office supplies (copier toner, id per, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Applicable Requirements, Is not a Reportable Use, and doe not expose the Premisesor neighboring propertyto any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition, Lessor may condition its consentto any Reportable Use upon receiving such additional assurances as Lessor reasonably deems necessary to protect itself, the public, INITIALS INITIALS O 2019 AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM STN-27.30, Revised 11-25-2019 65 B-68 Page 3 of 16 iM:cu-211WA l the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements) and/or increasing the Security Deposit. (b) Duty to Inform Lessor. If Lessee knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Premises, other than as previously consented to by Lessor, Lessee shall immediately give written notice of such fact to Lessor, and provide Lessor with a / copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance. (c) Lessee Remedlation. Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, complywith all Applicable Requirements and take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Lessee, or any third party. (d) Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its agents, employees, lenders and ground lessor, if any, harm from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out o r inv ing any Hazardous Substance brought onto the Premises by or for Lessee, or any third party (provided, however, that Lessee shall have no liability under t Lea's se It respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by L ee). Lessee obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created ors Bred Lessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration ortermination of this Lease. No nation, cancellation or release agreement entered Into by Lessor and Lessee shall release Lessee from Its obligations under this Lease with ect to H rdous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement. (e) Lessor Indemnification. Except as Otherwise provided in paragraph 8.7, Lessor and its successors and assigns shall inde ni , defe , reimburse and hold Lessee, its employees and lenders, harmless from and against any and all environmental damages, including the cost of me 'on, hich result from Hazardous Substances which existed on the Premises prior to Lessee's occupancy or which are caused by the gross negligi a or will I mi Onduct of Lessor, its agents or employees. Lessor's obligations, as and when required by the Applicable Requirements, shall include, but not be ited t of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. (f) Investigations and Remediations. Lessor shall retain the responsibility and pay foranyinvest g ns or re is measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances On the Premise rior to Less 's occupancy, unless such remediation measure is required as a result of Lessee's use (including "Alterations', as defined in paragraph 7.3(a) below) of the emises, which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the request of Lessor, including a I n ssor and Lessor's agents to have reasonable access to the Premises at reasonable times in order to carry out Lessor's investigative and remedial responsib ties. (g) Lessor Termination Option. If a Hazardous Substance Condition (see Paragraph91(e)) occurs during the term of this Lease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation there required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(d) and Paragraph I sor may, at Lessor's option, either(i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's a ense, in ich event this Lease shall continue in full force and effect, or (ii) if the estimated cast to remediate such condition exceeds 12 times the then monthly B e Rent or $10 , 00, whichever is greater, give written notice to Lessee, within 30 days after receipt by Lessor of knowledge of the occurrence of such Hazardous bstanc ondition, of Lessor's desire to terminate this Lease as of the date 60 days following the date of such notice. In the event Lessor elects to give a terminati n ce, Lessee may, within 10 days thereafter, give written notice to Lessor of Lessee's commitment to pay the amount by which the cost of the remediati n of such ardour Substance Condition exceeds an amount equal to 12 times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide L s ' h sai nds or satisfactory assurance thereof within 30 days fallowing such commitment. In such event, this Lease shall continue in full force and effect, d L hall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such noti ovi a required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in Lessor's notice of terminate . 6.3 Lessee's Compliance with Applicable Requirements. , Lessee shall, at Lessee's sole expense, fully, diligently and in timely manner, materially comply with all Applicable R 'em00 - ,the requirements of any applicable fire insurance underwriter or rating burea u, and the recommendations of Lessor's engineers and/or consul is whit el in any manner to the Premises, without regard to whether said Applicable Requirements are now in effect or become effective after the Start Dat Lessee shall, ithi 10 days after receipt of Lessor's written request, provide Lessor with copies of all permits and other documents, and other information evidencin essee's c pliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt, notify Lessor in writing (with copies of any docum is inv ed) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to of involving the failure of Lessee or the Premises to comply ny Applicable Requirements. Likewise, Lessee shall immediately give written notice to Lessor of: (I) any water damage to the Premises and ny suspected seepage, pooling, dampness or other condition conducive to the production of mold; or (ii) any mustiness or other odors that might indicate the Bence of mold in the Premises. In addition, Lessee shall provide copies of all relevant material safety data sheets (MSDS) to Lessor within 10 days of the recei\1ys en request therefor, In addition, Lessee shall provide Lessor with copies of its business license, certificate of occupancy and/or any similar document w' iof [he receipt of a written request therefor. 6.4 Inspection; Comyl� ncend Lessor's "Lender" (as defined in Paragraph 30) and consultants authorized by Lessorshall have the right to enter into Premises at anytime, in case of an emergency, and otherwise at reasonable times after reasonable notice,for the purpose of inspecting and/or testing the condition of the Premise. nd/ or verifying compliance by Lessee with this Lease. The cost of any such inspections shall be paid by Lessor, unless a violation of Applicable Requirements, 0 Hazardous Substance Condition (see paragraph 9.1) is found to exist or be imminent, or the inspection is requested or ordered by a governmental au In su case, Lessee shall upon request reimburse Lessor for the cost of such inspection, so long as such inspection is reasonably related to the violation or co amp I diction, Lessee shall provide copies of all relevant material safety data sheets (MSDS) to Lessor within SO days of the receipt of a written re st the f Lesze'c acknowledges that any failure on its par[to allow such inspections ortesting will expose Lessor to risks and potentially cause Lessor to m osts t to emplaced by [his Lease, [he extent of which will be extremely difficult [o ascertain. Accordingly, should [he Lessee fail to allow such inspections and/ testing a ti ly fashion the Rase Rent shall be automatically increased, without any requirement for notice [O Lessee, by an amount equal to 10% of [he then a 'n a en[ or $300, whichever is greater for [he remainder [o [he Lease. The Parties agree that such increase in Base Rent represents fair and reasonable sa n Jr She additional risk/costs that Lessor will incur by reason of Lessee's failure to allow such inspection and/or testing. Such increase in Base Rent shall in no e t c titu[e a waiver of Lessee's Default or Breach with respect to such failure nor prevent the exercise of any of the other rights and remedies granted tenance; Repairs; Utility Installations; Trade Fixtures and Alterations. Lessee's Obligations. (a) In General. INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. e Last Edited: 4/30/20204:53 PM STN-27.30, Revised 11-25-2019 65B-69 Page 4of 16 i0:cn:3I8a.1 I n nble2tiong) 9(02..,29aor Dastrrtio ),,nd IA(rngde. A2tin a)Lessee shall, at Lessee's sole expense, keep the Premises, Udlity Instal ladons (intended for Lessee's exclusive use, no matter where located), and Alterations in good order, condition and repair (whether or not the portian of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Lessee, and whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of such portion of the Premises), Including, but not limited to, all equipment or facilities, such as plumbing, HVAC equipment, electrical, lighting facilities, boilers, pressure vessels, fire protection system, fixtures, walls (interior and exterior), foundations, ceilings, roofs, roof drainage systems, /\ floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, or adjacent to the Premises. Lessee, in keeping the Premises In good order, condition and repair, shall exercise and perform good maintenance practices, specifically including the procurement and maintenance of the service contracts required by Paragraph 7.1(b) below. Lessee's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. Lessee shall, during the term of this Lease, keep the exterior appearance of the Building in a first-class condition (including, e.g. graffiti removal) consistent with the exterior appearance of at similar facilities of comparable age and size in the vicinity, including, when necessary, the exterior repainting of the Building. (b) Service Contracts. Lessee shall, at Lessee's sole expense, procure and maintain contracts, with copies to Lessor, in customary form su ante for, and with contractors specializing and experienced in the maintenance of the following equipment and improvements, if any, if and when installe n the Prem s: (1) HVACequipment, (ii) bailer, and pressure vessels, (iii) fire extinguishing systems, includingfire alarm and/orsmoke detection, (iv) landscaping irrigation syste , (v) roof covering and drains, and (vi) clarifiers. However, Lessor reserves the right, upon notice to Lessee, to procure and maintain anyor all uch s ice contracts, and Lessee shall reimburse Lessor, upon demand, for the cost thereof. (c) Failure to Perform. If Lessee fails to perform Lessee's obligations underthis Paragraph 7.1, Lessor may enter upon th mises a 10 days prior written notice to Lessee (except in the case of an emergency, in which case no notice shall be required), perform such obligations on Le ee half, aTtd put the Premises in good order, condition and repair, and Lessee shall promptly pay to Lessor a sum equal to 115% of the cost thereof. � (d) Replacement. Subject to Lessee's indemnification of Lessor as set forth in Paragraph 8.7 below, and witho elie Le a of liability resu lting from Lessee's failure to exercise and perform good maintenance practices, if an item described in Paragraph 7.1(b) cannot be r ired oth rtha at a cost which is in excess of 50% of the cost of replacing such item, then such item shall be replaced by Lessor, and the cost thereof shall be prorated twe e4a 'es and Lessee shall only be obligated to pay, each month during the remainder of the term of this Lease or any extension thereof, on the da ct se Rent is due, an amount equal to the product of multiplying the cost of such replacement by a fraction, the numerator of which is one, and the de minator hi is 144 (i.e. 1/144th of the cost per month). Lessee shall pay Interest on the unamortized balance but may prepay its obligation at any time. ] 7.2 Lessor's Obligations. , it is intended by the Parties hereto that Lessor have no obligation, in any manner whatsoever, to repair and maintain the i , or the equipment therein, all of which obligations are intended to be that of the Lessee. It is the intention of the Parties that the terms of this Lease govern the espective obligations of the Parties as to maintenance and repair of the Premises. 7.3 Utility Installations; Trade Fixtures; Alterations. (a) Definitions. The term "Utility Installations" refers to all floor and window, v gs, air and/or vacuum lines, power panels, electrical distribution, security and fire protection systems, communication cabling, lighting fixtures, HVAC equ' ment, p hing, and fencing in or on the Premises. The term "Trade Fixtures" shall mean Lessee's machineryand equipment that can be removed witho oing material mage to the Premises. The term "Alterations" shall mean any modification of the improvements, other than Utility Installations or Trade Fixture hethe y addition or deletion. "Lessee Owned Alterations and/or Utility Installations' are defined as Alterations and/or Utility Installations made by Lessee t t not yet owned by Lessor pursuant to Paragraph 7.4(a). (b) Consent. Lessee shall not make any Alterations or Utility into Nations t he Premises without Lessor's prior written consent. Lessee may, however, make non-structural Alterations or Utility Installations to the interior of the a excl gthe roof) without such consent but upon notice to Lessor, as long as theyare notvisible fromtheoutside, donot involve puncturing, relocatingorem n heroof oranyexisting walls,will notaHectthe electrical, plumbing, HVAC, and/orlife safetysystems, do nottriggerthe requirement foraddi' odi ns and/or improvements tothe Premises resulting from Applicable Requirements, such as compliance with Title 24, and the cumulative cost there during t is Le as extended does not exceed a sum equal to 3 month's Base Rent in the aggregate or a sum equal to one month's Base Rent in any one year. Not w stands e f egoing, Lessee shall not make or permit any roof penetrations and/or install anything on the roof without the prior written approval of r. EVirmay, as a precondition to granting such approval, require Lessee to utilize a contractor chosen and/or approved by Lessor. Any Alterations or Ity Ins ati that Lessee shall desire to make and which require the consent of the Lessor shall be presented to Lessor in written form with detailed pla Consent s II be eemed conditioned upon Lessee's: (1) acquiringall applicable governmental permits, (it) furnishing Lessor with copies of both the permits and t plans and ecifications prior tocommencement of the work, and (iii) compliance with all conditions of said permits and other Applicable Requirements in a prompt a expe lbous manner. Any Alterations or Utility Installations shall be performed in a workmanlike manner with good and sufficient materials. Lessee shall promptly up mpletion furnish Lessorwith as -built plans and specifications. For work which costs an amount in excess of one month's Base Rent, Lasso may condition its consent upon Lessee providing a lien and completion bond in an amount equal to 150%of the estimated cost of such Alteration or Utllity Inst Wttion and/or upon Lessee's posting an additional Security Deposit with Lessor. (c) Liens; Bonds. Le shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to orfor Lessee at or for use on the Premises, which claims are may secured by any mechanic's or materialmen's lien against the Premises or any interest therein. Lessee shall give Lessor not less than 10 days notice pri o the com cement of any work in, on or about the Premises, and Lessor shall have the right to post notices of non -responsibility. If Lessee shall contest the idity of any such in, claim or demand, then Lessee shall, at its sole expense defend and protect itself, Lessor and the Premises against the same and shall pay and sfy such adverse judgment that maybe rendered thereon before the enforcement thereof. If Lessor shall require, Lessee shall furnish a surety bond in an amount ual to 150% of the amount of such contested lien, claim or demand, indemnifying Lessor against liability for the same. If Lessor elects to participate in ch actin Lessee shall pay Lessor's attorneys' fees and costs. er 7.4 OwnIp; at; urrender; and Restoration. aallb lip. Subject to Lessor's right to require removal or elect ownership as hereinafter provided, all Alterations and Utility Installations made by Lessperty of Lessee, but considered a part of the Premises. Lessor may, at any time, elect in writing to be the owner of all or any specified part of the Lt ations and Utllity Installations. Unless otherwise instructed per paragraph 7.4(b) hereof, all Lessee Owned Alterations and Utility Installations shalln or termination of this Lease, become the property of Lessor and be surrendered by Lessee with the Premises. Removal. By delivery to Lessee of written notice from Lessor not earlier than 90 and not later than 30 days prior to the end of the term of this Lease, Lessor y r ire that any or all Lessee Owned Alterations or Utllity Installations be removed by [he expiration or termination of this Lease. Lessor may require the removal any time of all or any part of any Les see Owned Alterations or Utility l nsta Nations made without the required consent. (c) Surrender; Restoration. lessee shall surrender the Premises by [he Expiration Dale or any earlier termination date, with all of the improvements, p s d surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. "Ordinary wea and tear" shall not include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoingond the INITIALS INITIALS © 2019AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM STN-27.30, Revised 11-25-2019 65 B — /J O Page 5 of 16 provisions of Paragraph 7.1(a), if the Lessee occupies the Premises for 12 months or less, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee. Lessee shall also remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or any third party (except Hazardous Substances which were deposited via underground migration from areas outside of the Premises) to the level specified in Applicable Requirements. Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Lessee and maybe disposed of or retained by Lessor as Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the express written consent of Lessor shall constitute a holdover under the provisions of Paragraph 26 below. 8. Insurance; Indemnity. 8.1 Payment For Insurance. Lessee shall pay for all insurance required under Paragraph 8except to the extent of the cost attributable to liabil' in ante carried by Lessor under Paragraph 8.2(b) in excess of $2,D00,000 per occurrence. Premiums for policy periods commencing prior to or extending b yond the ase term shall be prorated to correspond to the Lease term. Payment shall be made by Lessee to Lessor within 30 days following receipt of an invoi 8.2 Liability Insurance. 00 (a) Carried by Lessee. Lessee shall obtain and keep in force a Commercial General Liability policy of insurance protecting Lessee L or as an additional insured against claims for bodily injury, personal injury and property damage based upon or arising out of the ownership, us occupan or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an a t less an $1,000,000 per occurrence with an annual aggregate of not less than $2,000,000. Lessee shall add Lessor as an additional insured by means of an a or t least as broad as the Insurance Service Organization's "Additional Insured -Managers or Lessors of Premises" Endorsement. The policy shall tam infra -insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an"insur contra "for a performance of Lessee's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Lessee nor retie $�Lease any bligation hereunder. Lessee shall provide an endorsement on its liability policy(ies) which provides that its insurance shall be primary to a tcohr Cory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. (b) Carried by Lessor. Lessor shall maintain liability insurance as described in Paragraph 8.2(a), in dition to, I not lieu of, the insurance required to be maintained by Lessee. Lessee shall not be named as an additional insured therein. 8.3 Property Insurance- Building, Improvements and Rental Value. (a) Building and Improvements. The Insuring Party shall obtain and keep in force a policy or policies in 'the a of Lessor, with loss payable to Lessor, any ground -lessor, and to any Lender insuring loss or damage to the Premises. The amount of suc insurance shall be equal to the full insurable replacement cost of the Premises, as the same shall exist from time to time, or the amount required by any Lender\.nsl tin no event more than the commercially reasonable and available insurable value thereof. Lessee Owned Alterations and Utility Installations, Trade Fixtures, ayj1ersonal property shall be insured by Lessee not by Lessor. If the coverage is available and commercially appropriate, such policy or policies shall insur gs of direct physical loss or damage (except the perils of Rood and/or earthquake unless required by Lender), including coverage for debris remova nd thentof any Applicable Requirementsrequiring the upgrading, demolition, reconstruction or replacement of any portion ofthe Premises asthere tof acyySaid policy or policies shall also contain an agreed valuation provision in lieu of any coinsurance clause, waiver of subrogation, and inflation gua rot C'fion causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer a Index for All Urban Consumers forthe city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deducti ount shall not exceed $5,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss. (b) Rental Value. The Insuring Party shall obtain and k . fort licy or policies in the name of Lessor with loss payable to Lessor and any Lender, insuring the loss of the full Rent for one year with an extended p od of i am 'ty for an additional 180 days ("Rental Value insurance"). Said insurance shall contain an agreed valuation provision in lieu of any coinsurance clause, d the a ount coverage shall be adjusted annually to reflect the projected Rent otherwise payable by Lessee, for the next 12 month period. Lessee shall be liable for yo u amount in the event of such loss. (c) Adjacent Premises. If the Premises are ar building, orof a group of buildings owned by Lessor which are adjacent to the Premises, the Lessee shall pay for any increase in the premiums for a property su ce of such building or buildings if said increase is caused by Lessee's acts, omissions, use or occupancy of the Premises. 8.4 Lessee's Property; Business Interruption Insu ce; W ker's Compensation Insurance. (a) Property Damage. Lessee shall obtain and i in insurance coverage on all of Lessee's personal property, Trade Fixtures, and Lessee Owned Alterations and Utility Installations. Such insurance shall be fu replacement cost coverage with a deductible of not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used Lessee for the replacement of personal property, Trade Fixtures and Lessee Owned Alterations and Utility Installations. (b) Business In[errup n. Lessee shall obtain and maintain loss of income and extra expense insurance in amounts as will reimburse Lessee for direct or indirect loss of earnings attribute e t II perils commonly insured against by prudent lessees in the business of Lessee or attributable to prevention of access to the Premises as a result oIfsuch its. (c) Worker's mpensatlon In rance. Lessee shall obtain and maintain Worker's Compensation Insurance in such amount as may be required by Applicable Requirement Such icy shall include a'Waiver of Subrogation' endorsement. Lessee shall provide Lessor with a copy of such endorsement along with the certificate of Insuranc r py of the policy required by paragraph 8.5. (d) Represen Non of Adequate Coverage. Lessor makes no representation that the limitsor formsaf coverage of insurance specified herein are adequatetocove as rop y, business operations or obligations under this Lease. 8.5 Insuran P ies. nsurance required herein shall be by companies maintaining during the policy term a "General Policyholders Rating" of at least A-, VII, as set f i e m current issue of "Best's Insurance Guide", or such other rating as may be required by a Lender. Lessee shall not do or permit to be done anyt g which nvali tes the required insurance policies. Lessee shall, prior to the Start Date, deliver to Lessor certified copies of policies of such insurance or certifi esw f the required endorsements evidencing the existence and amounts of the required insurance. No such policy shall be cancelable or subject U n except after 30 days prior written notice to Lessor. Lessee shall, at least 10 days prior to the expiration of such policies, furnish Lessor with evidence of r surance binders" evidencing renewal thereof, or Lessor may increase his liability insurance coverage and charge the cost thereof to Lessee, which all be payable by Lessee to Lessor upon demand. Such policies shall be for a term of at least one year, or the length of the remaining term of this Lease, is less. If either Party shall fail to procure and maintain the insurance required to be carried by it, the other Party may, but shall not be required to, procure ain the same. Waiver of Subrogation. Without affecting anyother rights or remedies, Lessee and Lessor each hereby release and relieve the other, and waive their entire right to recover damages against the other, for loss of or damage to its property arising out of or incident to the perils required to be insured against herein. The INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. r� Last Edited: 4/30/20204:53 PM STN-27.30, Revised 11-25-2019 65 B- /J 1 Page 6 of 16 iM:cu-211WA l effect of such releases and waivers is not limited by the amount of insurance carried or required, or by any deductibles applicable hereto. The Parties agree to have their respective property damage insurance carriers waive any right to subrogation that such companies may have against Lessor or Lessee, as the case maybe, so long as the insurance is not invalidated thereby. 8.7 Indemnity. Except for Lessor's gross negligence or willful misconduct, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, liens, judgments, penalties, attorneys' and consultants' fees, expenses and/or liabilities arising out of, involving, or in connection with, a Breach of the Lease by Lessee and/or the use and/or occupancy of the Premises and/or Project by Lessee and/or by Lessee's employees, contractors or invitees. If any action or proceeding is broughtagainst Lessor by reason of any of the foregoing matters, Lessee shall upon notice defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be defended or indemnified. 8.8 Exemption of Lessor and its Agents from Liability. Notwithstanding the negligence or breach of this Lease by Lessor or its agents, neither Less or its agents shall be liable under any circumstances for: (i) injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee' ployees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, steanafelecfNity, gas, water or rain, indoor air quality, the presence of mold or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, liances, p �bing, HVAC or lighting fixtures, or from any other cause, whether the said injury or damage results from conditions arising upon the Premises or upo other portions oAtpe building of which the Premises area part, or from other sources or places, (ii) any damages arising from any act or neglect of any other tenon fLes or from the failure of Lessor or its agents to enforce the provisions of any other lease in the Project, or (III) injury to Lessee's business or for any loss of into profit therefrom. Instead, it is intended that Lessee's sole recourse in the event ofsuch damages or injury be to file a claim on the insurance policy(ies) t Lessee is quired to maintain pursuant to the provisions of paragraph 8. 8.9 Failure to Provide Insurance. Lessee acknowledges that any failure on its part to obtain or maintain the insurance re aired h ei ill a ose Lessor to risks and potentially cause Lessor to incur costs not contemplated by this Lease, the extent of which will be extremely difficu o as rtai Accordingly, for any month or portion thereof that Lesseedoesnot maintainthe requiredinsumnce and/ordoesnot provide Lessor with the require indersor erd atesevidencingthe existenceof therequired insurance, the Base Rentshall beautomatically increased, without any requirement for noticeto ee, m unt equal to 10%of the then existing Base Rent or $100, whichever isgreater. The parties agree that such increase m Base Rent represents iron ea able compensation for the additional risk/costs that Lessor will incurby reason of Lessee'sfailure to maintain the required insurance. Such red in se tshall in no event constitute a waiverof Lessee's Default or Breach with respectito the failure to maintain such insurance, prevent the exercise any of the her rights and remedies granted hereunder, nor relieve Lessee of its obligation to maintain the insurance specified in this Lease. 9. Damage or Destruction. 9.1 Definitions. (a) "Premises Partial Damage" shall mean damage or destruction to the improve Ants on the Premises, other than Lessee Owned Alterations and Utility Installations, which can reasonably be repaired in 6 months or less from the date of the da r destruction. Lessor shall notify Lessee in writing within 30 days from the date of the damage or destruction as to whether or not the damage is Partial or tat. (b) "Premises Total Destruction" shall mean damage or destruction to th remises, of than Lessee Owned Alterations and Utility Installations and Trade Fixtures, which cannot reasonably be repaired in 6 months or lessfrom the d e of the damage o7�destruction. Lessor shall notify Lessee in wridngwithin 30 days from the date of the damage or destruction as to whether or not the damage art �r Total. (c) "Insured Loss" shall mean damage or destruction to improvements o N Premises, other than Lessee Owned Alterations and Utility Installations and Trade Fixtures, which was caused by an event required to be covered bythe nce de It in Paragraph 8.3(a), irrespective of anydeductible amounts or coverage limits involved. (d) "Replacement Cost" shall mean the cost to repair o uild t provements owned by Lessor at the time of the occurrence to their condition existing immediately priorthereto, including demolition, debris efioval Ad uprading required by the operation of Applicable Requirements, and without deduction for depreciation. (e) "Hazardous Substance Condition" shall mean th cc en discovery of a condition involving the presence of, or a contamination by, a Hazardous Substance, in, on, or under the Premises whipefeciMnesr oration. 9.2 Partial Damage - Insured Loss. If a Premi Parti)th Be at is an Insured Loss occurs, then Lessor shall, at Lessor's expense, repair such damage (but not Lessee's Trade Fixtures or Lessee Owned Alteratio and stallations) as soon as reasonably possible and this Lease shall continue in full force and effect; provided, however, that Lessee shall, at Lessor's election, apair ofanydamage ordestruction thetotalcost torepair ofwhich is $30,000or less,and, in such event, Lessor shall make anyapplicable insurance proceedsto Lessee ona reasonable basisfor that purpose. Notwithstanding the foregoing, ifthe required insurancewas notin forceorthe insurance proceeds are nott to effect such repair, the Insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is see's responsibility) as and when required to complete said repairs. In the event, however, such shortage was due to the fact that, by reason of the unique natur of the improvements, full replacement cost insurance coverage was not commercially reasonable and available, Lessor shall have no obligation to pay for the sho gensurance proceeds or to fully restore the unique aspects of the Premises unless Lessee provides Lessor with the funds to cover same, or adequate assuranc_Vhereof, wi in 10 days following receipt of written notice of such shortage and request therefor. If Lessor receives said funds or adequate assurance ther (within said SO period, the party responsible for making the repairs shall complete [hem as soon as reasonably possible and this Lease shall remain in full fort nd eff . If such funds or assurance are not received, Lessor may nevertheless elect by written notice to Lessee within 10 days thereafter to: (i) make such restorati repair as is commercially reasonable with Lessor paying any shortage in proceeds, in which case this Lease shot remain in full force and effect, or(ii) this Le terminate 30 daysthereaher. Lessee shall not be entitled to reimbursement of any funds contributed by lessee to repair any such damage or destru o . is artial Damage due to flood or earthquake shall be subjen to Paragraph 9.3, notwithstanding that there may he some insurance coverage, but the t p ee f any such insurance shall be made available for the repairs if made by either Party. 9. alD age - Uninsured Loss. If a Premises Partial Damage that is not an Insured Lossoccurs, unless caused bya negligent orwillful actof Lessee (in whit vent Le ee s II make the repairs at Lessee's expense), Lessor may either: (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event 's Le c ntinue in full force and effect, or (ii) terminate this Lease by giving written notice to Lessee within 30 days after receipt by Lessor of knowledge pf oc ence of such damage. Such termination shall be effective 60 days following the date of such notice. In the event Lessor elects to terminate this Lease, Lessee al ve the right within 10 days after receipt of the termination notice to give written notice to Lessor of Lessee's commitment to pay for the repair of such damage Jithout reimbursement from Lessor. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within 30 days after making such COMMIT 2nt. In such event this Lease shall continue in full force and effect, and Lessor shall proceed to make such repairs as soon as reasonably possible after the air funds are available. If Lessee does not make the required commitment, this Lease shall terminate as of the date specified in the termination notice. .4 Total Destruction. Notwithstanding any other provision hereof, if a Premises Total Destruction occurs, this Lease shall terminate 60days following such Destruction. If the damage or destruction was caused by the gross negligence or willful misconduct of Lessee, Lessor shall have the right to recover Lessor's damages INITIALS INITIALS Oc 2019AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM STN-27.30, Revised 11-25-2019 65 B —72 Page 7 of 16 A:c11:111ril from Lessee, except as provided in Paragraph 8.6. 9.5 Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease orto purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (1) the date which is 10 days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (IT) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessorwith funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, -at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option sh Mbe extinguished. 9.6 Abatement of Rent; Lessee's Remedies. (a) Abatement. In the event of Premises Partial Damage or Premises Total Destruction or a Hazardous Substance Conditi on for whit essee isn responsible under this Lease, the Rent payable by Lessee for the period required for the repair, remediation or restoration of such damage sha a abated in proportion to the degree to which Lessee's use of the Premises is impaired, but not to exceed the proceeds received from the Rental Value in ante II other obligations of Lessee hereunder shall he performed by Lessee, and Lessor shall have no liability for any such damage, destruction, remediation, r or restoration except as provided herein. (b) Remedies. If Lessor is obligated to repair or restore the Premises and does not commence, in a substantial and meani fu uch pair or restoration within 90 days after such obligation shall accrue, Lessee may, at any time prior to the commencement of such repair or recto ti , give ritten notice to Lessor and to any Lenders of which Lessee has actual notice, of Lessee's election to terminate this Lease on a date not less t 60 ys f awing the giving of such notice. If Lessee gives such notice and such repair or restoration is not commenced within 30 days thereafter, this Leases II termin to as f the date specified in said notice. Ifthe repair or restoration iscommenced withinsuch 30days,this Leaseshall continue infull forceand effect."Co enc ILpt an eitherthe unconditional authorization ofthe preparation ofthe required plans, orthe beginning ofthe actual work on the Pr In ver firs[ occurs. 9.7 Termination; Advance Payments. Upon termination ofthis Lease pursuant to Paragraph 6.2(gj or Par raph 9, a qui le adjustment shall be made concerning advance Base Rent and any other advance payments made by Lessee to Lessor. Lessor shall, in addieturn to ssee so much of Lessee's Security Deposit as has not been, or is not then required to be, used by Lessor. ��K 10. Real Property Taxes. 10.1 Definition. As used herein, the term "Real Property Taxes" shall include any form of as essment; real estate, general, special, ordinary or extraordinary, or rental levy ortax (otherthan inheritance, personal income orestate taxes); improvement bond- -"or license fee imposed upon or levied against any legal or equitable interest of Lessor in the Premises orthe Project, Lessor's right to other income th m, and/or Lessor's business of leasing, by any authority having the direct or indirect power to tax and where the funds are generated with reference to the 3i ing ress. Real Property Taxes shall also include any tax, fee, levy, assessmentor charge, or any increase therein:(1) imposed by reason of eventsoccurri Gf during the mofthis Lease, including but notlimited to,a change in the ownership of the Premises, and (ii) levied or assessed on machinery or equipment vided y Lessor t essee pursuant to this Lease. 10.2 Payment of Taxes. In addition to Base Rent, Lessee shall pay to Lessor a mo equal to the Real Property Tax installment due at least 20 days prior to the applicable delinquency date. If any such installment shall cover anyperiod of time for to or after the expiration ortermination of this Lease, Lessee's share of such installment shall be prorated. In the event Lessee incurs a late charge Rent p en[, Lessor mayestimate the current Real Property Taxes, and require that such taxes be paid in advance to Lessor by Lessee monthly in advance w the yay�en of the Base Rent. Such monthly payments shall bean amount equal to the amount ofthe estimated installment of taxes divided by the nu of m t remaining before the month in which said installment becomes delinquent. When the actual amount of the applicable tax bill is known, the amoun such qual onthly advance payments shall be adjusted as required to provide the funds needed to pay the applicable taxes. If the amount collected by Lessor i sufficie top such Real Property Taxes when due, Lessee shall pay Lessor, upon demand, such additional sum as is necessary. Advance payments may be interm le I er moneys of Lessor and shall not bear interest. In the event of a Breach by Lessee in the performance of its obligations under this Lease, the y s a nce payments may be treated by Lessor as an additional Security Deposit. 10.3 Joint Assessment. If the Premises are no parately a sse Lessee's liability shall bean equitable proportion of the Real Property Taxes for all of the land and improvements included within the tax parc e sessed, suc proportion to be conclusively determined by Lessor from the respective valuations assigned in the assessor's worksheets orsuch other information as be re onably available. 10.4 Personal Property Taxes. Lessee shall pay, prior d quency, all taxes assessed against and levied upon Lessee Owned Alterations, Utility Installations, Trade Fixtures, furnishings, equipment and all personal prope of Lessee. When possible, Lessee shall cause its Lessee Owned Alterations and Utility Installations, Trade Fixtures, furnishings, equipmen nd all other personal property to be assessed and billed separatelyfrom the real property of Lessor. If any of Lessee's said propertyshall be assessed with Le r'S real property, Lessee shall pay Lessorthe taxes attributable to Lessee's property within 10days after receipt of a written statement setting forth the taxe pp ble to Lessee's property. i 11. Utilities and Servlces,�essee shall p for all water, gas, heat, light, power, telephone, trash disposal and other utilities and services supplied to the Premises, together with any taxes�ereon. any such rvices are not separately metered or billed to Lessee, Lessee shall pay a reasonable proportion, to be determined by Lessor, of all charges join m red or billed. There shall be no abatement of rent and Lessor shall not be liable in any respect whatsoever for the inadequacy, stoppage, interru lion ordi ntinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repairor other cause beyond Lessor's reasonable contr Lriqcoope 'on with governmental request or directions. Within fifteen days f sor's Xritten request, Lesseeagrees to deliver to Lessorsuch information, documents and/or authorization as Lessor needs in order for Lessor tom wR new or existing Applicable Requirements relatingto commercial building energy usage, ratings, and/orthe reporting thereof. INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM STN-27.30, Revised 11-25-2019 65 B- /J 3 Page 8 of 16 i0a:u:31Va.1 :tae 4( 13. Default; Breach; Rers. 13.1 Defau - Breach. Default" is defined as a failure by the Lessee to comply with or perform any of the terms, covenants, conditions or Rules and Regulations unde III e.A reach" is defined as the occurrence of one or more of the following Defaults, and the failure of Lessee to cure such Default within any applicable grac pe" d:-*� a The andonment of the Premises; or the vacating of the Premises without providing a commercially re asonable level of security, or where the cove a of the rop y insurance described in Paragraph 8.3 isjeopardized as a result thereof, or without providing reasonable assurancesto minimize potential vanda m. A, ^�, Ne The failure of Lessee to make any payment of Rent or any Security Deposit required to be made by Lessee hereunder, whether to Lessor or to a third party, liken l�ie, to provide reasonable evidence of insurance orsurety bond, orto fulfill any obligation underthis Leasewhich endangers or threatens life or property, here such failure continues fora period of 3 business days following written notice to Lessee. THE ACCEPTANCE BY LESSOROF A PARTIALPAYMENT OF RENT OR ECURITY DEPOSIT SHALL NOT CONSTITUTE A WAIVER OF ANY OF LESSOR'S RIGHTS, INCLUDING LESSOR'S RIGHTTO RECOVER POSSESSION OF THE EMI S. (c) The failure of Lessee to allow Lessor and/or its agents access to the Premises or the commission of waste, actor acts constituting public or private nuisance, and/or an illegal activity on the Premises by Lessee, where such actions continue fora period of 3 business days following written notice to Lessee. In the INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM STN-27.30, Revised 11-25-2019 65B-74 Page 9of 16 i0:cn:3IDa.1 event that Lessee commits waste, a nuisance or an illegal activity a second time then, the Lessor may elect to treat such conduct as a non -curable Breach rather than a Default. (d) The failure by Lessee to provide (i) reasonable written evidence of compliance with Applicable Requirements, (ii) the service contracts, (iii) the rescission of an unauthorized assignment or subletting, (iv) an Estoppel Certificate or financial statements, (v) a requested subordination, (vi) evidence concerning any guaranty and/or Guarantor,(vii) any document requested under Paragraph 42,(viii) material safety data sheets(MSDS), or fix) any other documentation or C information which Lessor may reasonably require of Lessee under the terms of this Lease, where any such failure con tin utten Lies for a period of 10 days following writ notice to Lessee. (e) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof, other than those described in subparagraphs 13.1(a), (b), (c) or (d), above, where such Default continues for a period of 30 days after written notice; provided, however, that if the nature of Lessee's Default is such that more than 30 days are reasonably required for its cure, then it shall not be deemed to be a Breach if Lessee conlOnces such cure within said 30 day period and thereafter diligently prosecutes such cure to completion. (f) The occurrence of any of the following events: (i) the making of any general arrangement or assignment for the benefit of creditors i)be mga "debtor" as defined in 11 U.S.C. § 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismisse ithin 60 d ; (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest' this Lease, whe possession is not restored to Lessee within 30 days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's a is loud at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within 30 days; provided, however, in the event that any prov of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaininggstavisions. (g) The discovery that any financial statement of Lessee or of any Guarantor given to Lessor was materia lly false. ��� (h) If the performance of Lessee's obligations under this Le a se is guaranteed: (i) the death of a Guarantor,(ii) the terminad Guidntor's liability with respect to this Lease other than in accordance with the terms of such guaranty, (iii) a Guarantor's becoming insolvent o e' e s 'ect a bankruptcy filing, (iv) a Guarantor's refusal to honor the guaranty, or (v) a Guarantor's breach of its guaranty obligation on an anticipatory basis, a Lessefailu within 60 days following written notice of any such event, to provide written alternative assurance or security, which, when coupled with the then aXngr f Lessee, equals or exceeds the combined financial resources of Lessee and the Guarantors that existed at the time of execution of this13.2 Remedies. If Lessee failsto perform anyof its affirmative duties or obligations, within l0 daysafteren notiase of emergency, without notice), Lessor may, at itsoption, perform such duty or obligation on Lessee's behalf, including but not limited t e obtainin f reasonably required bonds, insurance policies, or governmental licenses, permits or approvals. Lessee shall pay to Lessor an amount equal to %ofth osts and expenses incurred by Lessor in such performance upon receipt of an invoice therefor. In the event of a Breach, Lessor may, with or without furthe U or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such Breach: (a) Terminate Lessee's right to possession of the Premises by any lawful means, in 51nich case this Lease shall terminate and Lessee shall immediately surrender possession to Lessor. In such event Lessor shall be entitled to recover from Lessee: the unpaid Rent which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid rent which would ha IN earned after termination until the time of award exceeds the amount of such rental loss that the Lessee proves could have been reasonably avoided; 'ii the wo at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental to that the Lease roves could be reasonably avoided; and (iv) any other amount necessary to compensate Lessor for all the detriment proximately caused by the L ee's far re to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including but not limited to the t recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorneys' es, and th ortion of any leasing commission paid by Lessor in connection with this Lease applicable to the unexpired term of this Lease. The worth at the time at; tof th mount referred to in provision (iii) of the immediately preceding sentence shall be computed by discounting such amount at the discount rate f thyreWerad Reserve Bank of the District within which the Premises are located at the time of award plus one percent. Efforts by Lessor to mitigate dam sed essee's Breach of this Lease shall not waive Lessor's right to recover any damages to which Lessor is otherwise entitled. If termination of this Lease btaine hro h the provisional remedy of unlawful detainer, Lessor shall have the right to recover in such proceeding any unpaid Rent and damages as are recover le the or, L ssor may reserve the right to recover all or any part thereof in a separate suit. If a noticeand graceperiod required under Paragraph 13.1wa pre' lygiven,anotice topay rentorquit, orto performorquit givento Lesseeunder the unlawful detainerstatute shall also constitute the notice requir DLe h .1. In such case,the applicable grace period required by Paragraph 13.1 and the unlawful detainer statute shall run concurrently, and the failu ofret eDefaultwith in the greater of the two such grace periods shall constitute both an unlawful detainer and a Breach of this Lease entitling Lessor to trovided for in this Lease and/or by said statute. (b) Continue the Lease and Lessee's righttoand recover the Rent as it becomes due, in which event Lessee may sublet or assign, su bject only to reasonable limitations. Acts of maintenance, effortstor the appointment of a receiver to protect the Lessor's interests, shall not constitute a termination of the Lessee's right to pos ession. (c) Pursue any other re dy now or hereafter available under the laws orjudicial decisions of the state wherein the Premises are located. The expiration or termination of this Lease and/ termination of Lessee's right to possession shall not relieve Lessee from liability under any indemnity provisions of this Lease as to matters occurring or acc��ru g du the term hereof or by reason of Lessee's occupancy of the Premises. 13.3 Inducement Re pure. Any a eement for free orabated rent or othercharges, the cost of tenant improvements for Lessee paid for or performed by Lessor, or furthe giving aying y Lessor tbcor for Lessee of anycash orother bonus, inducement or consideration for Lessee's entering into this Lease, all ofwhich concessions are hereina ref ed to as"Inducement Provisions," shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, covenants and conditions o is Lease. Upon Breach ofthis Lease by Lessee, anysuch Inducement Provision shall automatically be deemed deleted from this Lease and of no further or effe and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an Inducement Provi n s im edia[(e due and payable by Lessee to Lessor, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of or tsotated of the Breach which initiated the operation of this paragraph shall not be deemed a waiver by Lessor of the provisions of this paragraph unless eclfic yin writing by Lessor at the time of such acceptance. 4k3.4 Late C h. Lessee hereby acknowledges that late payment by Lessee of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact anrci f w c II -be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which maybe iMPbw,dKn Lessor by any Lender. Accordingly, if any Rent shall not be received by Lessor within 5 days after such amount shall be due, then, without any requireNent-ft,r noticeto Lessee, Lesseeshall immediately pay to Lessor a one-time late charge equal to 10%of each such overdue amount or $100, whichever is greater. IheParties herebyagreethat such late charge represents afalrand reasonable estimate ofthecosts Lessorwill incurbyreason ofsuch latepayment. tcepta a of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent the eR rf of anyof the other rights and remedies granted hereunder. In the event that elate charge is payable hereunder, whether or not collected, (or 3 consecutive inst Invents of Base Rent, then notwithstanding any provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. Last Edited: 4/30/2020 4:53 PM STN-27.30, Revised 11-25-2019 65 B- /J 5 Page 10 of 16 WOMM11:311PA.I advance. 13.5 Interest. Any monetary payment due Lessor hereunder, other than late charges, not received by Lessor, when due shall bear interest from the 31st day after it was due. The interest ("Interest") charged shall be computed at the rate of 10% per annum but shall not exceed the maximum rate allowed bylaw. Interest is payable in addition to the potential late charge provided for in Paragraph 13.4. 13.6 Breach by Lessor. (a) Notice of Breach. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph, a reasonable time shall in no event he less than 30 days after receipt by Lessor, and any Lender whose name and address shall have been furnished to Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor's obligation is such that more than 30 days are reasonably required for its performance, then Lessor shall not be in breach if performance is commenced within such 30 day period and thereafter diligently pursued to completion. (b) Performance by Lessee on Behalf of Lessor. In the event that neither Lessor nor Lender cures said breach within 30 days after receipt aid notice, or If having commenced said cure they do not diligently pursue it to completion, then Lessee may elect to cure said breach at Lessee's expense and et f Rent the actual and reasonable cost to perform such cure, provided, however, that such offset shall not exceed an amount equal to the greater of one nth's Bas en or the Security Deposit, reserving Lessee's right to seek reimbursement from Lessor for any such expense in excess of such offset. Lessee shall do ment the cost o id cure and supply said documentation to Lessor. ` Z 14. Condemnation. If the Premisesor any portion thereof are taken underthe power of eminent domain or sold under the threat of the exercis (said power (collectively "Condemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or po a whic ver first occurs. If more than 10% of the Building, or more than 25% of that portion of the Premises not occupied by any building, is taken by Condemna n, s ay, at Lessee's option, to be exercised in writing within SO days after Lessor shall have given Lessee written notice of such taking (or in the ab f su otice, within 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning or es suc p055 sion. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of th remis ma ing, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Conde 'on s and or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, value theNrt taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Les e's relocatiollpxPelmses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of thi Nragraph. F Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee Ikd Le!soge shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, or shall repair any damage to the Prpmicpa raucpd by curh rnndemnation_ 16. Estoppel Certificates. (a) Each Party (as "Reap Ifding Party") shall within 10 days after written notice from the other Party (the "Requesting Party") execute, acknowledge and deliverto the Requesting Party a s ment in writing inform similar to the then most current"Estoppel Certificate" form published BYAIR CRE, plus such additional information, confirmation and/ stat ents as maybe reasonably requested by the Requesting Party. (b) lithe Resp ing Party II fail to execute or deliver the Estoppel Certificate within such 10 day period, the Requesting Party may execute an Estoppel Certificate staff hat: (1) the Leas in full force and effect without modification except as may be represented by the Requesting Party, III) there are no uncured defaults in the ques Party's performance, and (iii) if Lessor isthe Requesting Party, not more than one month's rent has been paid in advance. Prospective purchasers an umbrancers may rely upon the Requesting Party's Estoppel Certificate, and the Responding Party shall be estopped from denying the truth of the facts rained in id Certificate. In addition, Lessee acknowledges that any failure on its part to provide such an Estoppel Certificate will expose Lessor to risks and poten ny Les rto incur costs not contemplated 6y this lease, the extent of which will be extremely difficult to ascertain. Accordingly, should the Lessee fail to execu /or wer a requested Estoppel Certificate in a timely fashion the monthly Base Rent shall be automatically increased, without any require ent non to Lessee, byan amount equal to 10% of the then existing Base Rent or$100, whichever is greaterfor remainder ofthe Lease. The Parties agre hat such ncre a in Base Rent represents fair and reasonable compensation forthe additional risk/costs that Lessorwill incur by reason of Lessee's failure to provi a el[ rtificate. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default or Breach with respect to the failure to provide ,ot opp<Certificare nor prevent the exercise ofany ofthe otherrightsand remediesgranted hereunder. (N If Lessor desires to finance, refinance, or sell the Premises, or any partthereof, Lessee and all Guarantors shall within 10 days after written notice from Les r deliver to any potential lender orpurchaser designated by Lessor such financial statements as maybe reasonably required by such lender or purchaser, includin ut not limited to Lessee's financial statements for the past 3years. All such financial statements shall be received by Lessor and such lender or purchaser in fi ce and shall be used only for the purposes herein set forth. 17. Definition of Lessor. The term "Lessor" as used herein shall mean the owner or owners at the time in question of the fee title to the Premises, or, if this is a INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM STN-2730, Revised 11-25-2019 65 B- /J 6 Page 11 of 16 M:c11:111PAW sublease, of the Lessee's interest in the prior lease. In the event of a transfer of Lessor's title or interest in the Premises or this Lease, Lessor shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Lessor. Upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the prior Lessor shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by the Lessor. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Lessor shall be binding only upon the Lessor as hereinabove defined. / 18. Severabillty. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in noway affect the validity of any other \/\ provision hereof. 19. Days. Unless otherwise specifically indicated to the contrary, the word "days" as used In this Lease shall mean and refer to calendar days. 20. Limitation on Liability. The obligations of Lessor under this Lease shall not constitute personal obligations of Lessor, or its partners, members, direct officers or shareholders, and Lessee shall look to the Premises, and to no other assets of Lessor, for the satisfaction of any liability of Lessor with respect to this jAse, and shall not seek recourse against Lessor's partners, members, directors, officers or shareholders, or any of their personal assets for such satisfaction. 21. Time of Essence. Time is of the essence with respect to the performance of all obligations to be performed or observed by the Parties unthis Lease. 22. No Prior or Other Agreements; Broker Disclaimer. This Lease contains all agreements between the Parties with respect to any matter ntion tfherein, and no other prior or contemporaneous agreement or understanding shall be effective. Lessor and Lessee each represents and warrants to the Brokers it has made, and is relying solely upon, its own investigation as to the nature, quality, character and financial responsibility of the other Party to this Lea d asto use, nature, quality and character of the Premises. Brokers have no responsibility with respect thereto orwith respect to any default or breach here fby rPa 24. Waivers. (a) No waiver by Lessor of the Default or Breach of any tern covenant or condition hereof, or of any subsequent Default or Breach by or approval of, any act shall not be deemed to render unnecessary I construed as the basis of an estoppel to enforce the provision o rowsic (b) The acceptance of Rent by Lessor shall not be Nalverc account of monies or damages due Lessor, not withstandin qu'd and/or conditions shall be of no force or effect whatso runle pe" (c) THE PARTIES AGREE THAT THE TERM OF THIS LEASf SH PROVISIONS OF ANY PRESENT OR FUTURE STATUTE TOX4EEXTENT HAl INITIALS © 2019 AIR CRE. All Rights Reserved. STN-27.30, Revised 11-25-2019 cdjfflhqLorcoNtion hereof by Lessee, shall be deemed a waiver of any other term, ess of ale or of any other term, covenant or condition hereof. Lessor's consent to, aini Lessor's consent to, or approval of, any subsequent or similar act by Lessee, or be of 1 NLease requiring such consent. De ult or Breath by Lessee. Any payment by Lessee may be accepted by Lessor on .state ents orconditions made by Lessee in connection therewith, which such statements ally agreed to in writing by Lessor at or before the time of deposit of such payment. LLGOVERN WITH REGARD TO ALL MATTERS RELATEDTHERETO AND HEREBY WAIVE THE SUCH STATUTE IS INCONSISTENT WITH THIS LEASE. INITIALS 65B-77 Last Edited: 4/30/20204:53 PM Page 12 of 16 iMcu-211WA.] 26. No Right To Holdover. Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration or term inatio [ event that Lessee holds over, then the Base Rent shall be increased to 150% of the Base Rent applicable immediately preceding the expiration Holdover Base Rent shall be calculated on monthly basis. Nothing contained herein shall be construed as consent by Lessor to any holCngover 27. cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulativerhalre?hecfies at law or in equity. 2B. Covenants and Conditions; Construction of Agreement. All provisions of this Lease to be observed or performed by pssee and conditions. In construing this Lease, allheadingsand titles are for the convenience of the Parties only and shall not be considered apa required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one t rather according to its fair meaning as a whole, as if both Parties had prepared it. 29. Binding Effect; Choice of Law. This Lease shall be binding upon the Parties, their personal representatives, cessors an assigns and be governed bythe laws of the State in which the Premises are located. Any litigation between the Parties hereto concerning this Lease shal initia d in the county in which the Premises are located. Signatures to this Lease accomplished by means of electronic signature or similar technology shall be lega inding. 30. Subordination; Attornment;Non-Disturbance. 30.1 Subordination. This Lease and any Option granted hereby shall be subject and su dinate to any ground lease, mortgage, deed of trust, or other hypothecation or security device (collectively, "Security Device"), now or hereaker placed on a Premises, to any and all advances made on the security thereof, and to all renewals, modifications, and extensions thereof. Lessee agrees the hold of any s I Security Devices (in this Lease together referred to as "Lender") shall have no liability or obligation to perform any of the obligations of Lessor under s Lease. Any LNder may elect to have this Lease and/or any Option granted hereby superior to the lien of its Security Device by giving written notice thereof t ssee, reupon this Lease and such Options shall be deemed prior to such Security Device, notwithstanding the relative dates of the documentation or recordart %Vereof. 30.2 Attornment. In the event that Lessor transfers title to the Premi s, or the ises are acquired by another upon the foreclosure or termination of Security Device to which this Lease is subordinated (i) Lessee shall, subject t t -disfavrice provisions of Paragraph 30.3, attorn to such new owner, and upon request, enter into a new lease, containing all of the terms and provisions of t is L e, ith such new owner for the remainder of the term hereof, or, at the election of the new owner, this Lease will automatically become a new leas en L ee and.,uch new owner, and (i!) Lessor shall thereafter be relieved of any further obligations hereunder and such new owner shall assume all of sor's ob gatio s, excep' that such new owner shall not: (a) be liable for any act or omission of any prior lessor or with respect to events occurring prior to acquisiti of ow ) be st bject to any offsets or defenses which Lessee might have against any prior lessor, (c) be bound by prepayment of more than one mo ' en , d) be lia le for the return of any security deposit paid to any prior lessor which was not paid or credited to such new owner. 30.3 Non -Disturbance. With respect to Securi Devices ent ed in o by Lessor afterthe execution of this Lease, Lessee's subordination ofthis Lease shall be subject to receiving a commercially reasonable non-dis bance agr ement (a "Non -Disturbance Agreement") from the Lender which Non -Disturbance Agreement provides that Lessee's possession of the Premises, and thi ase cluding any options to extend the term hereof, will not be disturbed so long as Lessee is not in Breach hereof and attorns to the record owner of the Premis urther, within 60 days after the execution of this Lease, Lessor shall, if requested by Lessee, use its commercially reasonable efforts to obt in a Non -Disturbance Agreement from the holder of any pre-existing Security Device which is secured by the Premises. In the event that Lessor is unable to provid a Non -Disturbance Agreement within said 60 days, then Lessee may, at Lessee's option, directly contact Lender and attempt to negotiate for the execution an 'very of Non -Disturbance Agreement. 30A Self -Executing. Th greem is contained in this Pa raga ph 30 shall be effective without the execution of any further documents; provided, however, that, upon written request from�sor ora Len r in connection with a sale, financing or refinancing of the Premises, Lessee and Lessor shall execute such further writings as may be reasonably rep Kd5 togparately ocument any subordination, attornment and/or Non -Disturbance Agreement provided for herein. 31. Attorneys'Fees. If aor Broker brings an action or proceeding involving the Premises whether founded in tort, contract or equity, or to declare rights hereunder, the PYwi a as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees. Such fees may be awarded in thorr overed in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term, "Prevailing Party" shall inclu[ itation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlem , i e abandonment by the other Party or Broker of its claim or defense. Theattorneys' feesaward shall not be computed in accordance with ny rt feec shallbe suchas [ofully reimburse all attorneys' feesreasonably incurred. In addition, Lessor shall beentitled [oattorney! fees,costs and expen inc eparation and service of notices of Default and consultations in connection therewith, whether or not a legal action is subsequently Aommen in connection with such Default or resulting Breach ($2001s a reasonable minimum peroccurrence for such services and consultation). 32. Le or's Access; Showing Premises; Repairs. Lessor and Lessor's agents shall have the right to enter the Premises at anytime, in the case of an emergency, and at hewisf at reasonable times after reasonable prior notice for the purpose of showing the same to prospective purchasers, lenders, or tenants, and making such 44teradpAs, repairs, improvements or additions to the Premises as Lessor may deem necessary or desirable and the erecting, using and maintaining of utilities, se s, pipes and conduits through the Premises and/or other premises as long as there is no material adverse effect on Lessee's use of the Premises. All such activities shall be without abatement of rent or liability to Lessee. INITIALS INITIALS 0 2019 AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM STN-27.30, Revised 11-25-2019 65 B-78 Page 13 of 16 i0:cn:3I8a.1 33. Auctions. Lessee shall not conduct, nor permit to be conducted, any auction upon the Premises without Lessor's prior written consent. Lessor shall not be obligated to exercise any standard of reasonableness in determining whether to permit an auction. 34. Signs. Lessor may place on the Premises ordinary "For Sale" signs at anytime and ordinary "For Lease" signs during the last 6 months of the term hereof. Except for ordinary "for sublease" signs, Lessee shall not place any sign upon the Premises without Lessor's prior written consent. All signs must comply with all Applicable Requirements. 3S. Term! nation; Merger. Unless specifically stated otherwise in writing by Lessor, the voluntary or other surrender of this Lease by Lessee, the mutual termination or cancellation hereof, or a termination hereof by Lessor for Breach by Lessee, shall a utomaticallyterminate any sublease or lesser estate in the Premises; provided, however, that Lessor may elect to continue anyone or all existing subten a ncies. Lessor's failure within 10 days following any such event to elect to the contrriry by written notice to the holder of any such lesser interest, shall constitute Lessor's election to have such event constitute the termination of such interest. / 36. Consents. All requests for consent shall be in writing. Except as otherwise provided herein, wherever in this Lease the consent of a Party is reVed an act by or for the other Party, such consent shall not be unreasonably withheld or delayed. Lessor's actual reasonable costs and expenses (including butk ited IN architects', attorneys', engineers' and other consultants' fees) incurred in the consideration of, or response to, a request by Lessee for any Less t, include but not limited to consents to an assignment, a subletting or the presence or use of a Hazardous Substance, shall be paid by Lessee upon rec t voice and supporting documentation therefor. Lessor's consent to any act, assignment or subletting shall not constitute an acknowledgment that no Detaach by Lessee of this Leaseexists, nor shall such consent be deemed a waiver of any then existing Default or Breach, except as may be otherwise spe "cally stariting by Lessor at the time of such consent. The failure to specify herein any particular condition to Lessor's consent shall not preclude the im p iti at the time of consent of such further or other conditions as are then reasonable with reference to the particular matter for which consent is being giv he nt that either Party disagrees with any determination made by the other hereunder and reasonably requests the reasons for such determi on, e ddVrmining party shall furnish its reasons in writing and in reasonable detail within SO business days following such request. ( E 37. Guarantor. 37.1 Execution. The Guarantors, if any, shall each execute a guaranty in the form most recently published B R C , nd�ach such Guarantor shall have the same obligations as Lessee under this Lease. tf 37.2 Default. It shall constitute a Default ofthe Lessee if any Guarantor fails or refuses, upon request to pr 'de: (a)evi ence of the execution ofthe guaranty, including the authority of the party signing on Guarantor's behalfto obligate Guarantor, and in the case ofa corpora Guara or, a certified copy of a resolution of its board of directors authorizing the making of such guaranty, (b) current financial statements, (c) an Estoppel Certiffcate, written confirmation that the guaranty is still in effect. 36. quiet Possession. Subject to payment by Lessee of the Rent and performance of all of t covenants, conditions and provisions on Lessee's part to be observed and performed under this Lease, Lessee shall have quiet possession and quiet enjoyment o e emises during the term hereof. 39. Options. If Lessee is granted any Option, as defined below, then the following p isions shall ly 39.1 Definition. "Option" shall mean: (a) the right to extend or reduce the t of or yenewthis ease or to extend or reduce the term of or renew any lease that Lessee has on other property of Lessor; (b) the right of first refusal or first offe $,lea either the Premises or other property of Lessor; (c) the right to purchase, the right of firs[ offer to purchase orthe right of first refusal to purchase the Premises 8 other property of Lessor. 39.2 Options Personal To Original Lessee. Any Option granted to Les i his Lea 3L is personal to the original Lessee, and cannot be assigned or exercised by anyone other than said original Lessee and only while the original Lessee is i ullp on of the Premises and, if requested by Lessor, with Lessee certifying that Lessee has no intention of thereafter assigning or subletting. 39.3 Multiple Options. In the event that Lessee has any m?)ing ons o extend or renew this Lease, a later Option cannot be exercised unlessthe prior Options have been validly exercised. 39.4 Effect of Default on Options. (a) Lessee shall have no right to exercise a ptto he period commencing with the giving of any notice of Default and continuing until said Default is cured, (il) duringthe period of time any Rerf is unpaid ( hod regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been gi jar more otices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option. (b) The period of time within which an Option a exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) An Option shall term' to and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and prior to the commencement o e extended term or completion of the purchase, (i) Lessee fails to pay Rent for a period of 30 days after such Rent becomes due (without any necessity of LessoVb giNpotice thereof), or (ii) if Lessee commits a Breach of this Lease. 40. Multiple Buildings. I he Premises aR a part of a group of buildings controlled by Lessor, Lessee agrees that it will abide by and conform to all reasonable rules and regulations which L sor may hake from me to time for the management, safety, and care of said properties, including the care and cleanliness ofthe grounds and including the parking, a 'fig and unloading of vehicles, and to cause itsemployees, suppliers, shippers, customers, contractors and inviteesto so abide and i agree conform. Lessee pay itsfair share of common expenses incurred in connection with such rules and regulations. 41. Security Me ures. see hereby acknowledges that the Rent payable to Lessor hereunder does not include the cost of guard service orother security measures d that e r sha ave no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of the Premises, Lessee, its agents din es err property from the acts of third parties. r 42. R serva'6pq.Le sor reserves [o itself the right, from time to time, to gran[, without the consent or joinder of Lessee, such easements, rights and dedications ess i ems necessary, and to cause the recordation of parcel maps and restrictions, so long as such easements, rights, dedications, maps and restrictions do not un as bly interfere with the use of the Premises by Lessee. Lessee agrees to sign any documents reasonably requested by Lessor to effectuate any such easeme righ s, dedication, map or restrictions. 3. Pe ormance Under Protest. If at anytime a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions h , the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there INITIALS INITIALS © 2019AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM STN-27.30, Revised 11-25-2019 65 B— /J9 Page 14 of 16 107:ILyI80A91 was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its right to protest such payment. 44. Authority; Multiple Parties; Execution. (a) If either Party hereto is a corporation, trust, limited liability company, partnership, or similar entity, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on its behalf. Each Party shall, within 30days after request, deliver to the other Party satisfactory evidence of such authority. (b) Ifthis Lease is executed by more than one person or entity as "Lessee', each such person or entity shall be jointly and severally liable hereunder. It is agreed that any one of the named Lessees shall be empowered to execute any amendment to this Lease, or other document ancillary thereto and bind all o he named Lessees, and Lessor may rely on the same as if all of the named Lessees had executed such document. (c) This Lease may be executed by the Parties in counterparts, each of which shall be deemed an original and all of which together shall s to one and the same instrument. 45. Conflict. Any conflict between the printed provisions of this Lease and the typewritten or handwritten provisions shall be controlled by typew itten or handwritten provisions. 46. Offer. Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not be deemed an ertoleas athe other Party. This Lease is not intended to be binding until executed and delivered by all Parties hereto. 47. Amendments. This Lease may be modified only in writing, signed by the Parties in interest atthe time of the modificati long eydo not materially change Lessee's obligations hereunder, Lessee agrees to make such reasonable non -monetary modifications to this Lease a aY 6e aso bly required by a Lender in connection with the obtaining of normal financing or refinancing of the Premises. 48. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACT I MS71FQR0 DING INVOLVING THE PROPERTY OR ARISING OUT OF THIS AGREEMENT. \\ 49. Arbitration of Disputes. An Addendum requiring the Arbitration of all disputes between the Parties and/or B ers arisig out of this Lease ❑ is V is not attached to this Lease. 50. Accesslbility;Amerlcanswith Disabilities Act. (a) The Premises: have not undergone an inspection by a Certified Access Specialist (CASp). Note: A determine whether the subject premises comply with all of the applicable constructior require a CASp inspection of the subject premises, the commercial property owner the subject premises for the occupancy or potential occupancy of the lessee or ten [, arrangements for the time and manner of the CASp inspection, the payment of the f correct violations of construction -related accessibility standards within the pwrmses. ❑ have undergone an inspection by a Certified Access Specialist (CASp) a rt w accessibility standards pursuant to California Civil Code §55.51 et seg1@ssee owl, executing this Lease and agrees to keep such report confidential ie^ cess Specialist (CASp) can inspect the subject premises and ed acc ability standards under state law. Although state law does not may not �hibitthe lessee ortenant from obtaining CASp inspection of tested by the lessee or tenant. The pa rties shall mutually agree on the ie CASp inspection, and the cost of making any repairs necessary to hned that the Premises met all applicable construction -related that it received a copy of the inspection report at least 48 hours prior to have undergone an inspection by a Certified Access Speciali (CASp it iAas determined that the Premises did not meet al l applicable construction -related accessibility standards pursuant to California Civil Code §5 t s essee acknowledges that it received a copy of the inspection report at least 48 hours prior to executing this Lease and agrees to keep such report co dential ep s necessary to complete repairs and corrections of violations of construction related accessibility standards. In the event that the Premises have been issued an inspe an rep by a CASp the Lessor shall provide a copy of the disability access inspection certificate to Lessee within 7 days of the execution of this Lease. (b) Since compliance wit he Americans with Disabilities Act (ADA) and other state and local accessibility statutes are dependent upon Lessee's specific use of the Premises, Lessor makes arranty or representation as to whether or not the Premises comply with ADA or any similar legislation. In the event that Lessee's use of the Premises req " e odifications or additions to the Premises in order to be in compliance with ADA or other accessibility statutes, Lessee agrees to make any such necessary mo cations d/or additions at Lessee's expense. LESSOR AND LESSEE HAV REFULLV REA ND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN AND BY THE EXECUTION OF THIS LEASE SHOW THEIRINF MEDADVOLUNTARVCONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIMETHIS LEASE ISEXECUTED, THETERMSOF THIS LEASE ARE COMMER Y REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TOTHE PREMISES. ATTENTION: NOrOUNSELAS OR RECOMMENDATION IS MADEBYAIRCRE ORBYANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT,ORTAX CONSEQUENCES OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SE ICLAS TOTHE LEGALANDTAX CONSEQUENCES OF THIS LEASE. 2. AINA NSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMI TO: SENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF OP NGD THE SUITABILITY OF THE PREMISES FOR LESSEE'S INTENDED USE. WARNNI : I HRE LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH THELAW OFTHE STATE IN WHICH THE PREMISES ARE LOCATED. N Iles hereto have executed this Lease at the place and on the dates specified above their respective signatures Executed at: Executed at: INITIALS INITIALS © 2019AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM STN-27.30, Revised 11-25-2019 65B-80 Page 15 of 16 M:c11:111VAD] On: On: By LESSOR: By LESSEE: DYER 18, LLC ILLUMINATION FOUNDATION By: By: Name Printed: Name Printed: Title: Title: Phone: Phone: Fax: Fax: Email: Email: By: By: Name Printed: Name Printed: Title: Title: Phone: Phone: Fax: Fax: Email: Email: Address: Address: Federal ID No.: Federal ID No.: BROKER BROKER N/A N/A Attn: N/A Attn: A Title: Titl Address: Phone: Fax: Email: Federal ID No.: _ Broker DRE License #: Agent DRE License k: AIR CRE NOTICE: Nopart INITIALS © 2019 AIR CRE. All Rights Reserved. STN-27.30, Revised 11-25-2019 Em� Fe al ID No.: Broker DRE License N: Agent DRE License #: " 213.687.8777 " contmcts@aimm.com aduced In any form without permission in writing. INITIALS Last Edited: 4/30/20204:53 PM Page 16 of 16 Lm � • i0a:u0111V I ADDENDUM TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE -TENANT LEASE -NET FOR CERTAIN PREMISES COMMONLY KNOWN AS 1815 EAST CARNEGIE, SANTA ANA, CALIFORNIA 92705 JUNE , 2020 This Addendum (this "Addendum") is being executed concurrently with and is made a part of that certain lease titled "Standard Industrial/Commercial Single -Tenant -Net" dated June , 2020 (the "Form Lease") by and between Dyer 18, LLC ("Lessor") and Illumination Foundation ("Lessee") and this Addendum shall control in the event of any inconsistency with the provisions of such Form Lease. The Section and Paragraph Numbers of this Addendum are new added Sections and Paragraphs to the Form Lease. As used herein, the "Lease" shall mean the Form Lease as supplemented and amended by this Addendum. Unless otherwise defined in this Addendum, any defined word contained in this Addendum has the same meaning as it is defined in the Form Lease. 51. Intentionally Omitted. 52. Rent Commencement. Notwithstanding anything to the contrary set forth in this Lease, Base Rent shall commence, and the first monthly payment of Base Rent shall be paid, on the Commencement Date. If the Commencement Date is not the first day of a calendar month, then such first monthly payment of Base Rent shall be in an amount equal to the aggregate of a prorated Base Rent payment (based on a 30 day month) from such day to the end of that calendar month plus the amount of the full Base Rent payment for the next consecutive calendar month. 53. Rent Adjustments. On the first day of the 13`s month of the Term ("First Rent Adjustment Date"), the monthly Base Rent payable under this Lease shall automatically increase by 3.0% from the monthly Base Rent amount due and payable during the immediately preceding year. Thereafter, on each anniversary of the First Rent Adjustment Date (each being a "Subsequent Rent Adjustment Date") during the Term hereof, the monthly Base Rent payable under this Lease shall further automatically increase by 3.0% from the monthly Base Rent amount due and payable during the immediately preceding year from the then last immediately preceding Subsequent Rent Adjustment Date. 54. Lessee's Improvements. Notwithstanding anything to the contrary set forth in this Lease, all Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, shall be free and clear of any and all liens and/or encumbrances in favor of any third -party and shall be available, without limitation, to secure Lessee's faithful performance of its obligations as set forth in this Lease. Upon any default or breach of this Lease by Lessee whereby Lessor elects to terminate the Lease, such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, shall remain upon and be surrendered by Lessee to Lessor with the Premises, subject to Lessee's right to remove the same, at Lessee's sole cost and expense, as set forth below. The Premises shall otherwise be returned to Lessor in the same condition as of the date of this Lease, reasonable wear and tear excepted. After the Commencement Date, and thereafter from time to time at the reasonable request of Lessor, Lessee hereby agrees to execute certain security instruments, including, but not limited to, a UCC Form-1 or other filing, in order to create and/or perfect Lessor's security interest in such Utility Installations, Trade Fixtures and Alterations, as set forth herein, which security instruments will be prepared by Lessor and submitted to Lessee, and recorded by Lessor, at Lessor's sole cost and expense. Upon any termination or earlier expiration of this Lease not resulting from the default or breach of this Lease by Lessee, all Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, located iMa:110111V I in the Premises shall remain upon and be surrendered by Lessee with the Premises, subject to Lessee's right to remove the same, at Lessee's sole cost and expenses, asset forth below. The Premises shall otherwise be returned to Lessor in the same condition as of the date of this Lease, reasonable wear and tear excepted. Notwithstanding the foregoing, upon any termination or expiration of this Lease not resulting from the default or breach of this Lease by Lessee, Lessee, at Lessee's option, shall have the right to remove any such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, at Lessee's sole cost and expense, provided that (a) all such Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations shall be removed by Lessee within 15 days after such termination or expiration of this Lease and (b) Lessee shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. 55. Lessor's Obligations. Notwithstanding anything to the contrary set forth in the Lease, Lessor shall not be required to (a) remediate or rectify any fixture non-compliance with governmental regulations or (b) provide ADA upgrades to the Premises, resulting from the specific and unique use of the Premises (including without limitation, the Shelter) by Lessee or resulting from any Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Installations, or other alternations or improvements to the Premises, made by Lessee, unless such remediation or upgrades would have been required of any general office or commercial tenant and are not required as part of Lessee's work, improvements or Alterations made or being made by Lessee to the Premises prior to occupancy of the Premises to the extent required to permit Lessee's occupation and use of the Premises. Except as otherwise specifically set forth in this Section 55 below, Lessor shall not be required to make or incur any capital expenditures or commence or complete any remediation of Hazardous Substances or any non- compliance with governmental regulations now in effect; provided, however, the foregoing is not intended to and shall not impose upon Lessee any obligation to remediate any Hazardous Substances located on the Premises as of the date hereof unless such remediation is required with any work, improvements or Alterations made or being made by Lessee to the Premises prior to occupancy of the Premises to the extent required to permit Lessee's occupation and use of the Premises. Furthermore, notwithstanding anything to the contrary set forth in the Lease, it is the intent of Lessor and Lessee that Lessor shall have no responsibility or obligation whatsoever, except as otherwise specifically set forth in this Section 55 below, for the maintenance, repair or replacement of all or any portion of the Premises, Building, or Project, including, without limitation, the roof and the HVAC system, such responsibility and obligations being that of Lessee. Lessee shall properly use, operate and safeguard the Premises, including, if applicable, any landscaping, furniture, furnishing and appliances, and all mechanical, electrical, boilers, refrigeration equipment, gas and plumbing fixtures, HVAC and other building systems, and smoke detectors and fire alarms, and keep them and the Premises clean, sanitary and well ventilated and all drains free from blockages or stoppages. Lessee shall be responsible to pay for all utilities, sewer charges and any roof repairs caused by Lessee's use or misuse of the roof. Lessee shall properly insure all of the Premises and all of Lessee's and its guests', patients' and invitees' personal property. Notwithstanding the foregoing, if after the Commencement Date, the roof or HVAC system needs replacement (being that the cost to repair exceeds 50% of replacement), or there is required any structural repair to the Premises, during the Term of this Lease (as the same may be extended by any Extension Option), through no fault of Lessee, and the cost of such replacement or structural repair is not covered by insurance required to be maintained by Lessee hereunder, then in such event Lessor shall replace the roof or HVAC system, or make such structural repair, at Lessor's cost, but Lessee shall be obligated to pay each month during the remainder of the term of this Lease (as the same may be extended by any Extension Option), on the date on which Base Rent is due, an amount, in addition to the then Base Rent, equal to 1/144 b of the cost of such replacement or structural repair. Notwithstanding iMaMMIMIN ►OI the foregoing, Lessee is responsible for any and all upgrades to the existing HVAC system (including, without limitation repair, replacement or additions) to accommodate Lessee's use of the Premises as a Shelter and its required occupancy and usage of the Premises, all of which shall be completed prior to Lessee's opening of the Shelter at the Premises. Any such replacement roof and HVAC system required hereunder shall substantially similar to the current roof and HVAC system as chosen and installed by Lessor using its reasonable judgement in good faith. Nothing in this Section 55 shall be deemed or construed as modifying or amending Lessee's obligations for the regular maintenance and repair of the Premises, roof and HVAC system. Notwithstanding anything to the contrary set forth herein, Lessee hereby affirms and agrees that (a) the current HVAC system in the Premises is acceptable to Lessee in its current condition, (b) the roof is acceptable to Lessee in its current condition and (c) that if the current HVAC system, any current structural portion of the Premises or the roof requires any repair, modification, upgrade or replacement to permit the Premises to be occupied by Lessee or operated as a Shelter, Lessee shall make such repair, modification, upgrade or replacement and Lessor shall have no responsibility or liability with respect thereto. Additionally, and notwithstanding the foregoing, in the event that Lessee replaces the current HVAC system with a whole new system (as opposed to any repair or addition to the current system) as part of Lessee's initial tenant improvement work to the Premises, prior to its occupancy and usage of the Premises as a Shelter, and such replacement system is approved by Lessor in using its reasonable judgement in good faith, Lessee and Lessor agree that the cost of such replacement shall be shared equally by Lessor and Lessee and Lessor shall pay to Lessee Lessor's share within the later of 15 days after (a) Lessor's receipt from Lessee of request therefore (with reasonable evidence that such invoices have been paid in full or will be paid in full with Lessor's funds) and (b) Lessee has opened the Shelter. 56. Neighborhood Conditions. Lessee represents and warrants to Lessor that it is aware of neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection, other governmental services, availability adequacy and cost of an speed -wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazard or circumstance, cemeteries, facilities and condition of common areas, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Lessee. 57. Condition of Premises. Notwithstanding anything to the contrary in the Lease, Lessor shall deliver the Premises in its current "as is" condition as of the date hereof, and Lessee shall, and does hereby, accept delivery of the Premises as of the date hereof ("Delivery Date", "Effective Date" or "Commencement Date"). Lessee shall provide Lessor a copy of Lessee's certificate(s) of liability insurance concurrently with the execution hereof; provided, however, the failure to do so shall not extend the Delivery Date. The Premises are hereby leased to Lessee "as is", without representation or warranty by the Lessor (except as otherwise expressly provided in this Lease), and Lessee hereby accepts the Premises in the condition thereof existing as of the date hereof subject to all applicable zoning, municipal, county, state and federal laws, ordinances, rules, regulations, orders, restrictions of record and requirements now or hereafter in effect during the Term (collectively, "Applicable Requirements", "Applicable Laws" or just "Laws"). Therefore, notwithstanding anything to the contrary set forth in this Lease, Lessee represents and warrants that Lessee has inspected the Premises, and that Lessee is familiar with the general and specific condition(s) of the Premises and that Lessor shall have no responsibility or liability (except as otherwise expressly provided in this Lease) with respect to the general or any specific condition of the Premises or any system (including, without limitation, HVAC, electrical, plumbing, i0a:u0-11V I refrigeration and fire sprinkler) and that Lessee represents and warrants that, except as expressly set forth herein, Lessee is acting, and will act only, upon information known to, or obtained by, Lessee directly from Lessee's own knowledge and inspection of the Premises (except as otherwise expressly provided in this Lease). Except as otherwise expressly provided in this Lease, Lessor hereby makes no claims, representations or warranties as to the suitability or lack of suitability of the Premises for any proposed or intended use, or availability or lack of availability of (a) permits or approvals of governmental or regulatory authorities, or (b) easements, licenses or other rights with respect to any such proposed or intended use of the Premises or (c) any condition of the Premises, and the availability or lack of availability shall not affect the rights or obligations of the Lessee hereunder. Therefore: AS A MATERIAL PART OF THE CONSIDERATION FOR THIS LEASE AND THE AMOUNT OF RENT TO BE PAYABLE HEREUNDER, LESSEE AGREES THAT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, LESSEE LEASES AND ACCEPTS THE PREMISES ON AN "AS IS" AND "WHERE IS" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, NO WARRANTY, REPRESENTATION OR GUARANTEE OF ANY TYPE (EXPRESSED, IMPLIED OR STATUTORY, WRITTEN OR ORAL) HAS OR IS MADE BY LESSOR WITH RESPECT TO THE PREMISES, INCLUDING, WITHOUT LIMITATION, AS TO ANY OF THE FOLLOWING: (I) FITNESS FOR ANY PARTICULAR PURPOSE, (II) MERCHANTABILITY, (III) CONDITION OR WORKMANSHIP, (IV) ABSENCE OF DEFECTS OR FAULTS, (V) PRESENCE OR ABSENCE OF HAZARDOUS OR TOXIC SUBSTANCES, (VI) OPERATION OR PERFORMANCE OF THE PREMISES OR SYSTEMS THEREIN OR THE HABITABILITY OF THE PREMISES, (VII) COMPLIANCE WITH LAWS, ORDINANCES, RULES OR REGULATIONS (FEDERAL, SATE OR LOCAL) and, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE ENVIRONMENT, AS THEY MAY APPLY TO THE CURRENT CONDITION OF THE PREMISES OR LESSEE'S INTENDED USE OR (VIII) ANY GOVERNMENT LIMITATION OR RESTRICTION, OR ABSENCE THEREOF, PERTAINING TO THE PREMISES. LESSEE ACKNOWLEDGES THAT LESSEE HAS ENTERED INTO THIS LEASE RELYING UPON ITS OWN INVESTIGATION OF THE PHYSICAL, ENVIRONMENTAL AND COMPLIANCE CONDITION OF THE PREMISES AND THAT LESSEE IS NOT NOW RELYING, AND WILL NOT LATER RELY, UPON ANY REPRESENTATIONS AND WARRANTIES MADE BY LESSOR OR ANYONE ACTING OR CLAIMING TO ACT, BY, THROUGH OR UNDER OR ON LESSOR'S BEHALF CONCERNING THE PREMISES. Lessee is familiar with the Premises and their suitability for Lessee's intended use. All documents which have been given to Lessee by Lessor have been delivered as an accommodation to Lessee and without any representation or warranty as to the sufficiency, accuracy, completeness, validity, truthfulness, enforceability, or assignability of any of the documents, all of which Lessee relies on at its own risk. 58. Release. Lessee shall rely solely upon Lessee's own knowledge of the Premises based on its investigation of the Premises and its own inspection of the Premises in determining the Premises' physical condition. Lessee and anyone claiming by, through or under Lessee hereby waives its right to recover from and fully and irrevocably releases Lessor and its respective members, employees, officers, directors, partners, shareholders, beneficiaries, trustees, fiduciaries, representatives, agents, servants, attorneys, affiliates, parent, subsidiaries, successors and assigns, and all persons, firms, corporations and organizations acting in their behalf ("Released Parties") from any and all claims that it may now have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to any construction defects, errors, omissions or other conditions, latent or otherwise, including environmental matters, affecting the Premises or any portion thereof. This M • i0a:u0-11V I release includes claims of which Lessee is presently unaware or which Lessee does not presently suspect to exist which, if known by Lessee, would materially affect Lessee's release to Lessor. In this connection and to the fullest extent permitted by law, Lessee hereby agrees, represents and warrants that Lessee realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Lessee further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that, as a material portion of the consideration given to Lessor by Lessee in exchange for Lessor's performance hereunder, Lessee nevertheless hereby intends to release, discharge and acquit Lessor from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which might in any way be included. Lessor has given Lessee material concessions regarding this transaction in exchange for Lessee agreeing to the provisions of this Paragraph. The releases set forth above are full and complete releases of all the persons and entities described above of and from any and all liability of any nature whatsoever for all damage, injury, loss, expense, including any consequential expense, loss or damage, whether the same are now known or unknown to the parties, expected or unexpected by said parties, and all rights under Section 1542 of the California Civil Code are hereby waived and relinquished. Section 1542 of the Civil Code provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY 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 WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." Lessee's Initials Notwithstanding anything to the contrary herein, the foregoing release in this Section 58 is not intended to and does not cover (i) any claims arising from a breach by Lessor of any Lessor's obligations under this Lease, or (iii) any gross negligence, willful misconduct or fraud committed by Lessor. 59. Reservations. Lessee agrees to consent to Lessor's (i) grant of such easements, rights and dedications that Lessor deems necessary, (ii) recordation of parcel maps and restrictions, and (iii) creation and/or installation of new utility raceways, only if such easements, rights, dedications, maps, restrictions, and utility raceways shall not, In Lessee's reasonable discretion, unreasonably interfere with the use of the Premises by Lessee or otherwise materially negatively impact Lessee's use or occupation of the Premises; and in such event, Lessee agrees to sign any documents reasonably requested by Lessor to effectuate such rights so long as such documents do not impose any cost or liability on Lessee which is non-de-Minimis. Lessor further reserves the right to change the name by which the Building or the Project (if any) is called with Lessee's prior written consent which shall not be unreasonably withheld. 60. Assignment and Subletting. Lessee shall have no right to, and shall not, assign, sublet or otherwise transfer all or any portion of the Premises or its rights under and to this Lease without the prior written consent of Lessor, which such consent may be given or denied in Lessor's sole M • • i0a:u0111V I and absolute discretion. Any assignment, subletting or transfer without such consent shall be a non -curable Default and Breach hereunder, without any prior notice need being given. Notwithstanding the foregoing, Lessee shall have the right to assign, but not sublet or otherwise transfer, this Lease to the City of Santa Ana, or other governmental entity approved by the City of Santa Ana, without Lessor's prior written consent, but on at least 10 days prior written notice to Lessor; provided, however, that City, or assigning governmental entity approved by the City of Santa Ana, assumes all of Lessee's obligations hereunder. Any such assignment to the City, or other governmental entity approved by the City of Santa Ana, shall release Lessee from all obligations or liabilities hereunder expressly assumed by City or assigning governmental entity approved by the City of Santa Ana. 61. Insurance. Notwithstanding anything to the contrary set forth in the Form Lease, Lessee shall carry and maintain, at its sole cost and expense, the following insurance: (i) Commercial General Liability Insurance (occurrence form) including coverage for death, bodily injury, with coverage for vandalism and malicious mischief, broad form property damage, contractual liability, owner's protective, host liquor liability and products/completed operations with coverage limits as reasonably required by Lessor from time to time, but in no event less than Five Million Dollars ($5,000,000.00), combined each occurrence and in the aggregate insuring against any and all liability of the Lessee with respect to the Premises and all areas appurtenant thereto or arising out of the maintenance, use or occupancy thereof (Lessee may satisfy any portion of this requirement with umbrella liability coverage); (ii) Insurance covering any and all improvements, including Lessee's furniture, fixtures and equipment and any Alterations permitted hereunder, and all personal property, in an amount not less than their full replacement cost providing protection against any peril included within the classification "Special Form" including fire, vandalism and malicious mischief; (iii) Automobile liability insurance for all motor vehicles operated by or for Lessee, including owned, hired and non -owned vehicles, with minimum combined single limit coverage for bodily injury and property damage as reasonably required by Lessor from time to time, but in no event less than One Million Dollars ($1,000,000.00) for each occurrence, (iv) full replacement cost plate glass insurance and business interruption insurance in such amount as will reimburse Lessee for direct or indirect loss of earnings for up to 12 months attributable to all such perils insured against herein or any other cause, (v) Workers' Compensation, including employer's liability insurance, in compliance with all laws governing worker's compensation. If Lessee falls to maintain such insurance, Lessee shall be deemed to have assumed the risk of all losses which would have been covered by such insurance and Lessor shall have no liability for any such losses. All of Lessee's policies of Insurance shall be issued by insurance companies with general policyholder's rating of not less than A and a financial rating of not less than Class A VI as rated in the most current available `Best's" Insurance Reports and qualified to do business in the State of California. All policies shall name Lessor, its related or affiliated entities, parents, subsidiaries, partnerships, joint ventures, limited liability companies, members, trusts and assigns of every tier (as identified by Lessor), and each of their respective directors, officers, partners, agents, employees, volunteers, members, managers, trustees, shareholders and any successors or assigns of the foregoing, as well as Lessor's management company and if requested by Lessor, Lessor's first mortgagee or beneficiary as additional insureds (to the extent Lessor gives written notice to Lessee of the names and addresses of such parties). Certificates for all policies shall be delivered to Lessor prior to delivery of possession of the Premises to Lessee, and thereafter within thirty (30) days prior to the expiration of the term of each such policy. Until Lessee has delivered to Lessor such certificates of insurance, Lessor shall not be obligated to deliver keys to the Premises to Lessee, and Lessee shall not be entitled to take occupancy of the Premises notwithstanding the fact the Term of the Lease and Lessee's obligation to pay rent hereunder may have already commenced. All policies of insurance must contain a provision that Lessor will receive thirty (30) days' advanced written notice of any cancellation, lapse or iMa:110111V I reduction in the amounts of insurance. All public liability, property damage and other casualty policies shall be written as primary policies, not contributing with or in excess of coverage which Lessor may carry. All of Lessee's insurance policies shall contain the following provisions: severability of interest, cross liability, and contingent liability and builder's risk, with respect to improvements and alterations required or permitted to be made by Lessee under this Lease. The limits of said insurance shall not, however, limit the liability of Lessee hereunder. If Lessee fails to maintain or procure such insurance, Lessor shall have the right, but not the obligation, to procure and maintain the same, at Lessee's sole cost and expense. Lessee and Lessor each hereby waive any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for loss of or damage to such waiving party or its property or the property of others under its control to the extent that such loss or damage is insured against under any insurance policy required to be carried under this Lease. Each party shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease, and shall obtain any special endorsements required at the insuring party's cost, if any. The parties agree in the event of any damage to Lessee, the Premises, Lessee's property, and/or any loss to Lessee's employees or invitees each shall resort to insurance coverage prior to asserting any claim or demand against the other or its assets. Nothing in this Section shall be deemed to constitute a waiver by the respective insurance carriers of either Lessee or Lessor of any other remedies available to said carriers 62. City Agreements. Lessee expressly acknowledges and agrees that in connection with its entering into this Lease, it is also entering into one or more agreements (collectively, with any extension, renewal, amendment or replacement thereof, the "City Agreements") with the City of Santa Ana ("City") whereby the City is providing certain funding to Lessee to assist Lessee in complying with its obligations under this Lease. Any termination or expiration of any of the City Agreements shall, at the option of Lessor, also be a default by Lessee under this Lease, without any notice or cure period. 63. Operations/Use. Notwithstanding anything to the contrary set forth in the Form Lease, Lessee agrees that at all times, the Premises (and the recuperative care and navigation center ("Shelter")) shall be operated (a) in complete compliance with the attached Exhibit A, (b) in a first class manner, consistent with the highest quality standards of care, cleanliness and safety for employees, guests, patients, invitees and neighbors, and with proper levels of experienced management and staffing, to enable the provision of appropriate programs and assistance for homeless individuals in the City of Santa Ana, and (c) in full compliance with all applicable local, state and federal laws, rules and regulations. Furthermore, Lessee covenants and agrees that it shall not discriminate against any person or group of persons on account of race, disability, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry, in the use, occupancy, tenure, or enjoyment of the Shelter. Lessee shall refrain from restricting the use of the Shelter on the basis of the race, age, disability, color, religion, creed, gender, sex, marital status, sexual orientation, ancestry, or national origin of any person, nor shall Lessee or any person claiming under or through Lessee establish or permit any such practice or practices of discrimination with reference to the selection, location, number, use, or occupancy of the Shelter. Lessee shall comply with the Occupational Safety and Health Act of 1970, 29 U.S.C. section 651 et seq., and the Americans with Disabilities Act of 1990,42 U.S.C. section 12101 et seq., and any analogous legislation in California (collectively, "the Acts"), to the extent that the Acts apply to the Shelter and any activities thereon. Without limiting the generality of the foregoing, Lessee covenants to maintain all non-structural portions of the Shelter including working areas, all machinery, electrical facilities and the like upon the site in a condition that fully complies with the requirements of the Acts. iWa:110111V I 64. Indemnity. Lessee shall indemnify, protect, defend (with counsel satisfactory to Lessor) and hold harmless Lessor and the Released Parties, from and against any and all claims arising out of, involving, or in connection with, the use and/or occupancy of the Premises by Lessee or any Lessee's employees, customers, patients, guests, invitees, directors, trustees, fiduciaries, representatives, agents, servants, subsidiaries, successors and assigns, and all persons, firms, corporations and organizations acting in their behalf of the Lessee (collectively, "Lessee Parties") or any act, omission or negligence of any Lessee and/or any of the Lessee Parties or any Default and/or Breach by Lessee of any covenants, terms and/or conditions set forth in this Lease, or under any City Agreement (as defined above) either prior to, during, or after the expiration of the Term and including any claims brought or arising out of any civil tort or criminal activity; provided however, that the foregoing indemnification shall not apply to the extent arising out of the gross negligence or willful misconduct of Lessor or the Released Parties. If any action or proceeding is brought against Lessor by reason of any of the foregoing matters, Lessee shall upon notice defend the same at Lessee's sole cost and expense by counsel reasonably satisfactory to Lessor and Lessor shall reasonably cooperate with Lessee in such defense. If Lessor in its sole discretion shall determine that it is in Lessor's interest to have separate legal counsel, Lessee shall indemnify Lessor for any legal fees and costs incurred by Lessor for the defense of any such claims. Lessor need not have first paid any such claims in order to be defended or indemnified hereunder. Lessor shall indemnify, protect, defend (with counsel satisfactory to Lessee) and hold harmless Lessee and the Lessee Parties, from and against any and all claims arising out of, involving, or in connection with, the gross negligence or willful misconduct of Lessor relating to the Premises either prior to, during, or after the expiration of the Term and including any claims brought or arising out of any civil tort or criminal activity; provided however, that the foregoing indemnification shall not apply to the extent arising out of the gross negligence or willful misconduct of Lessee or the Lessee Parties. If any action or proceeding is brought against Lessee by reason of any of the foregoing matters, Lessor shall upon notice defend the same at Lessor's sole cost and expense by counsel reasonably satisfactory to Lessee and Lessee shall reasonably cooperate with Lessor in such defense. If Lessee in its sole discretion shall determine that it is in Lessee's interest to have separate legal counsel, Lessor shall indemnify Lessee for any legal fees and costs incurred by Lessee for the defense of any such claims. Lessee need not have first paid any such claims in order to be defended or indemnified hereunder. 65. Notices. Notwithstanding anything to the contrary in the Form Lease, all notices, requests, or demands herein provided to be given or made, or which may be given or made by either party to the other, shall be given or made only in writing and shall be deemed to have been duly given: (i) upon delivery, or if delivery is rejected when delivery was attempted, of U.S. Certified Mail, properly addressed, postage prepaid with return receipt requested; or (ii) upon delivery, or if delivery is rejected when delivery was attempted, when sent via overnight or express mail courier, properly addressed and postage prepaid; (iii) when delivered personally at the address listed below their respective signatures (signature required), or (iv) by e-mail, and if so sent, (a) the subject line of the e-mail shall state "URGENT: NOTICE TO [LESSEE] [LESSOR]" (or substantially similar thereto) and (b) followed within one (1) business day by a copy sent by a method prescribed in (i), (ii) or (iv) above; provided however, that all deliveries or attempted deliveries shall only be made or attempted to be made on a Business Day. Notwithstanding the prescribed methods of delivery set forth above, actual receipt of written notice by a party designated below shall constitute notice given in accordance with the Agreement on the date received, unless deemed earlier given pursuant to the foregoing methods of delivery. The proper address to which notices, requests or demands may be given or made by either party shall be the address set forth for such party as set forth in the Form Lease, or to such other address or to such iWa:110111V I other person as any party shall designate in writing, such address may be changed by written notice given to the other parry in accordance with this Paragraph. 66. ADA Upgrades. Except as otherwise expressly provided in this Lease, Lessor shall not be required to provide ADA upgrades to the Premises. 67. Intentionally Omitted. 68. Inspections. Notwithstanding anything to the contrary set forth in the Form Lease, upon reasonable notice to Lessee, Lessor shall have the right to inspect the Premises, or cause the Premises to be inspected by a third party chosen by Lessor, to verify that Premises are at all times being operated in full compliance with the terms of Paragraph 61 of this Addendum and as otherwise required by this Lease. In the event that any such inspection reveals any such non- compliance, the same shall be, at the option of Lessor, a Default and or Breach by Lessee under the Lease. As additional consideration for Lessor's entering into this Lease, Lessee shall reimburse and pay to Lessor, in addition to Base Rent and other Rent due hereunder, the cost of any such inspection, up to $500 per inspection but no more than once each calendar month, to help offset the cost of such inspections, such amounts to be paid by Lessee to Lessor within 5 days after Lessee's receipt from Lessor of a copy of the applicable inspection report and invoice therefor, and all such amounts being deemed Rent under this Lease. 69. Option to Purchase. Lessor hereby grants to Lessee an option (the "Purchase Option") during the Purchase Option Period (as defined herein below) to purchase the Premises upon the following terms: 69.1. Purchase Price. The Purchase Price for the Premises shall be equal to the sum of $9,200,000 (the "Initial Price") plus the Increase Amount (as defined below) (said Initial Price plus the Increase Amount, if any, being the "Purchase Price"), payable in cash at Closing (as defined below); provided, however, that the Initial Price is based in part upon Lessor's original purchase price of the Premises and in the event that Lessor receives any monies back in respect thereof from its Seller as set forth in this original purchase agreement, the Initial Price shall be reduced by said amount so received. The "Increase Amount" shall be the amount equal to 50% of the increase in the Consumer Price Index for all Urban Consumers for the Los Angeles -Anaheim -Riverside area, all items published by the United States Department of Labor, Bureau of Labor Statistics (1982- 84-100) ("Index") from May 2020 ("Base Index") to the date of the Notice of Exercise (as defined below); such increase to be calculated by taking the Initial Price and multiplying it by a fraction, the numerator being the Base Index, and the denominator being the Index published for the month in which the Notice of Exercise is delivered. If the Index is changed so the Index differs from that used as of the date hereof, the Index shall be converted under the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the Lease Term, such other governmental Index or computation with which it is replaced shall be used to obtain substantially the same results as would be obtained if the Index had not been discontinued or revised. Notwithstanding the foregoing, the Increase Amount shall not increase the Initial Price by an amount equal to more than 1.5% per year (non -compounding). During the Early Purchase Option Period, the Purchase Price shall also include any costs incurred by the Lessor as a result of Lessor's loan termination or pre -payment fees, including attorney fees, up to one hundred and fifty thousand dollars ($150,000.00) ("Early Termination Fees"). Such Early Termination Fees shall not be recoverable by Lessor for any Purchase Option initiated after the five (5) year iMa:110111V I anniversary of the commencement of the Lease. 69.2. Term of Purchase Option. The term of the Purchase Option shall commence upon the I' day of the 13'b month of the Term of the Lease (the "Purchase Option Commencement Date") and shall expire on the expiration or termination of this Lease for any reason whatsoever (the "Purchase Option Termination Date"). The period between the Purchase Option Commencement Date and the Purchase Option Termination Date shall be referred to herein as the "Purchase Option Period." The time between the Purchase Option Commencement Date and the five (5) year anniversary of the commencement of the Lease shall be known as the "Early Purchase Option Period." In the event Lessee fails to timely exercise the Purchase Option within the Purchase Option Period, the Purchase Option, and all rights of Lessee, shall immediately and automatically cease and terminate, and the Purchase Option shall in that event be null and void and be of no further force or effect whatsoever. Lessee may exercise the Purchase Option in the manner provided in Section 69.4 below. 69.3. Investigations. During the Purchase Option Period, Lessee shall be permitted to investigate the Premises and undertake all actions that it deems necessary or desirable to ascertain the condition of the Premises which includes, but is not limited to, the environmental condition of the Premises, status of title to the Premises, and the condition of the improvements on the Premises. Accordingly, during the Purchase Option Period, Lessee shall have, in addition to its rights as the tenant of the Premises hereunder, and is hereby granted, the right to make and conduct such non-invasive surveys, studies, tests, investigations, and inspections (environmental and otherwise) as Lessee deems reasonably necessary or convenient; provided that Lessee may make such invasive surveys, studies, tests, investigations or inspections as it deems reasonably necessary or convenient only upon the prior written consent of Lessor which shall not be unreasonably withheld. All such surveys, studies, tests, investigations and inspections shall be performed at the sole cost and expense of Lessee and Lessee shall indemnify, defend and hold Lessor harmless from and against any and all cost, expense, liability arising from or in connection with any such surveys, studies, tests, investigation and inspections. 69.4. Exercise of Purchase Option. To exercise the Purchase Option, Lessee shall serve written notice of exercise upon Lessor or Lessor's legal representatives at any time after the Purchase Option Commencement Date but prior to the Purchase Option Termination Date ("Notice of Exercise"), which such Notice of Exercise shall be accompanied by a cash or cash equivalent in the amount of One Hundred Thousand Dollars ($100,000.00) ("Deposit"). The Deposit shall be invested by Escrow Holder (as defined below) in a federally insured interest -bearing account with any interest accruing thereon to be paid or credited to Lessee. At the Close of Purchase Option Escrow, the Deposit and any accrued interest thereon shall be applied and credited toward payment of the Purchase Price. The Notice of Exercise shall provide at least 90-120 days for Lessor to locate an exchange property prior to the Closing of the Purchase Option Escrow. 69.5. Escrow. If Lessee timely exercises the Purchase Option by the timely delivery of the Notice of Exercise and the Deposit, Lessor and Lessee shall immediately open an escrow ("Option Escrow") with Chicago Title Company ("Escrow Holder", the specific escrow officer being chosen by Lessor, or Lessor may choose such other escrow or title company in its reasonable discretion upon written notice to Lessee, which such escrow or title company shall be subject to Lessee's approval, which will not be unreasonably withheld, conditioned or delayed), whereupon the Deposit shall be delivered to Escrow Holder. 65B-91 iMa:UM-11VOI This Agreement shall constitute joint escrow instructions to Escrow Holder with respect to the purchase and sale of the Premises. The parties shall execute such additional escrow instructions which are not inconsistent with the provisions of this Agreement and which may be required by Escrow Holder in order to close such escrow. 69.6. Payment. The Purchase Price shall be paid in cash upon the Close of Purchase Option Escrow (as defined below). 69.7. Closing. The close of the Purchase Option Escrow for the purchase and sale of the Premises shall occur on or before the date which is thirty (30) days ("Scheduled Closing Date") after the date of delivery of the Notice of Exercise by Lessee to Lessor (the "Close of Purchase Option Escrow" or "Closing"). For purposes hereof, the Close of Purchase Option Escrow (and Closing) shall be the date on which the Grant Deed conveying the Premises to Lessee is recorded. a) If, following Lessee's timely and proper exercise of the Purchase Option, the Closing fails to occur as a result of Lessor's breach or default and if Lessor should remain in default in any material respect in the performance of any of Lessor's obligations under the Lease with respect to the sale of the Premises after the fifth (5th) Business Day following the delivery by Lessee to Lessor of written notice of such default, Lessee shall be entitled, as its sole and exclusive remedy for any such default, to elect any one of the following remedies (so long as title to the Premises has not been further encumbered involuntarily or by or with the consent of Lessor, and Lessor elects not to remove such encumbrance on or prior to Closing): (i) terminate its Purchase Option and receive the return of the Deposit, and, thereafter, the parties shall have no further rights or obligations hereunder except that if applicable, the Lease shall continue thereafter in full force and effect, or for obligations which expressly survive the termination of the Purchase Option; or (ii) bring and pursue an action for specific performance of the Purchase Option; or (iii) waive the default and proceed to close the transaction contemplated herein. As a condition precedent to Lessee exercising any right it may have to bring an action for specific performance hereunder, Lessee must commence such an action within thirty (30) days after the occurrence of Lessor's default. Lessee agrees that its failure to timely commence such an action for specific performance within such thirty (30) day period shall be deemed a waiver by it of its right to commence an action for specific performance as well as a waiver by it of any right it may have to file or record a notice of lis pendens or notice of pendency of action or similar notice against the Premises. b) If, following Lessee's timely and proper exercise of the Purchase Option, the Closing fails to occur as a result of Lessee's breach or default, and if Lessee should remain in default in any material respect in the performance of any of Lessee's obligations with respect to the purchase 65B-92 i0a:u0-11V I of the Premises after the fifth (5th) Business Day following the delivery by Lessor to Lessee of written notice of such default, THEN AND IN SUCH EVENT, NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, LESSEE AND LESSOR AGREE THAT LESSOR WILL INCUR DAMAGES BY REASON OF SUCH DEFAULT BY LESSEE, WHICH DAMAGES SHALL BE IMPRACTICALAND EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO ASCERTAIN. LESSEE AND LESSOR, IN A REASONABLE EFFORT TO ASCERTAIN WHAT LESSOR'S DAMAGES WOULD BE IN THE EVENT OF SUCH DEFAULT BY LESSEE HAVE AGREED BY PLACING THEIR INITIALS BELOW THAT THE AMOUNT OF THE DEPOSIT SHALL BE DEEMED TO CONSTITUTE A REASONABLE ESTIMATE OF LESSOR'S DAMAGES UNDER THE PROVISIONS OF SECTION 1671 OF THE CALIFORNIA CIVIL CODE AND THE PAYMENTAND RETENTION OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369. IN THE EVENT OF AND FOR SUCH DEFAULT BY LESSEE, LESSOR SHALL RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES AS LESSOR'S SOLE REMEDY THEREFOR, UNLESS LESSEE WRONGFULLY REFUSES TO CAUSE ESCROW HOLDER TO CANCELTHE ESCROW OR TO RELEASE THE DEPOSIT TO LESSOR, IN WHICH INSTANCE LESSOR SHALL ALSO BE ENTITLED TO ALL COSTS AND EXPENSES, INCLUDING ACTUAL ATTORNEYS' FEES INCURRED BY LESSOR WITH RESPECTTO THOSE CONSEQUENTIAL DAMAGES, IF ANY, WHICH MAY BE INCURRED BY LESSOR, AFTER THE CLOSING DATE OR OTHER TERMINATION OF THIS AGREEMENT OR CANCELATION OF THE TRANSACTIONS HEREIN CONTEMPLATED BY REASON OF THE CLOUD ON TITLE TO THE PROPERTY WHICH MAY RESULT FROM LESSEE'S WRONGFUL FAILURE TO CANCEL THE ESCROW AND THIS AGREEMENT. ESCROW HOLDER IS HEREBY INSTRUCTED TO IMMEDIATELY RELEASE THE DEPOSIT TO LESSOR IN THE EVENT OF A BREACH BY LESSEE HEREUNDER. IN ADDITION, IF LESSEE WRONGFULLY FAILS TO CAUSE SUCH SUM TO BE DELIVERED TO LESSOR AS HERETOFORE PROVIDED, INTEREST SHALL ACCRUE THEREON AT THE MAXIMUM RATE ALLOWED BY LAW FROM THE DATE OF LESSOR'S WRITTEN NOTICE OF DEFAULT AND TERMINATION UNTIL PAYMENT THEREOF. IN ADDITION, LESSEE SHALL PAY ALL TITLE AND ESCROW CANCELLATION CHARGES. FURTHERMORE AND NOT WITHSTANDING THE FOREGOING, THIS PARAGRAPH PERTAINS ONLY TO A DEFAULT BY LESSEE WITH RESPECT TO THE PURCHASE OPTION AND SHALL NOT RESTRICT, LIMIT, MODIFY, ALTER OR AMEND, IN ANY MANNER WHATSOEVER, ANY RIGHT OR REMEDY OF LESSOR IN THE EVENT OF A DEFAULT BY LESSEE UNDER THE LEASE. Lessee's Initials Lessor's Initials 65B-93 iMa:UMSINVOI (c) Except as otherwise set forth herein, either party shall not be liable for consequential or speculative damages in connection with such party's breach or default hereunder. (d) Additionally, and notwithstanding the foregoing, if following Lessee's timely and proper exercise of its Purchase Option, the Premises suffer a material casualty (which, for purposes hereof shall mean damage with a cost to repair in excess of $100,000 not caused by Lessee or any employee, resident, guest or invitee of Lessee), then Lessee shall have the right to either (i) proceed with the Close of Escrow (in which case, if there were such a material casualty Lessee shall be entitled to receive all available insurance proceeds and receive a reduction of the Purchase Price in an amount equal to the deductible amount and any required co-insurance payment with respect to the insurance, and there shall be no other reduction in the Purchase Price), or (ii) rescind the Notice of Exercise, in which case the Deposit shall be returned to Lessee, the Lease shall continue in full force and effect (including Lessee's right to later re -exercise the Purchase Option), and Lessee shall not be liable for any costs incurred by Lessor with respect to the failed Closing; provided, however that each of Lessee and Lessor shall pay one-half of the Escrow Holder's costs and fees in connection with the Option Escrow and its cancellation. (e) Additionally, and notwithstanding the foregoing, if the Closing is unable to occur for a reason other than a breach or default by Lessee or Lessor, then Lessee shall have the right to rescind the Notice of Exercise, in which case the Deposit shall be returned to Lessee, the Lease shall continue in full force and effect (including Lessee's right to later re -exercise the Purchase Option), and Lessee shall not be liable for any costs incurred by Lessor with respect to the failed Closing; provided, however that each of Lessee and Lessor shall pay one- half of the Escrow Holder's costs and fees in connection with the Option Escrow and its cancellation. 69.8. Condition of Property. Lessee represents and warrants that Lessee has, or shall have inspected and conducted tests and studies of the Premises, and that Lessee is familiar with the general condition of the Premises. Lessee understands and acknowledges that the Premises may be subject to earthquake, fire, floods, erosion, high water table, dangerous underground soil conditions, hazardous materials and similar occurrences that may alter its condition or affect its suitability for any proposed use. Except as otherwise expressly provided in the Lease, Lessor shall have no responsibility or liability with respect to any such occurrence. Lessee represents and warrants that, except for Lessor's express representations and warranties herein, Lessee is acting, and will act only, upon information obtained by Lessee directly from Lessee's own inspection of the Premises. Lessor hereby makes no claims, representations or warranties as to the suitability or lack of suitability of the Premises for any proposed or intended use, or availability or lack of availability of (a) permits or approvals of governmental or regulatory authorities, or (b) easements, licenses or other rights with respect to any such proposed or intended use of the Premises shall not affect the rights or obligations of the Lessee hereunder. 69.9. "As Is". Lessee expressly agrees that if it completes the purchase of the Premises (i) that it is purchasing the Premises on an "As Is" basis and based on its own investigation of the Premises, (ii) that, except as expressly set forth herein, neither Lessor nor Lessor's �I • iMa:UMSINVOI employees, agents, brokers, representatives, managers, property managers, asset managers, officers, principals, beneficiaries, trustees, attorneys or contractors (collectively, "Lessor's Representatives") have made any warranty, representation or guarantee, expressed, implied or statutory, written or oral, including, without limitation, any implied warranty of merchantability or fitness for any use or purpose or of reasonably workmanship, concerning the Premises or any of the products or improvements located thereon or therein; (iii) that, except as otherwise expressly set forth herein, neither Lessor nor Lessor's Representatives have made any warranty, representation, or guarantee, expressed, implied or statutory, written or oral, pertaining to the Premises' compliance with any laws, ordinances, rules or regulations, federal, state or local and (iv) except as otherwise expressly set forth herein, that neither Lessor nor Lessor's Representatives have made any warranty, representation or guarantee, expressed, implied or statutory, written or oral, as to any government limitation or restriction, or absence thereof, pertaining to the Premises, or as to the presence or absence of any latent defect, subsurface soil condition, environmental condition, hazardous substance, toxic waste or any other matter pertaining to the physical condition (title, mapping, grading, construction, or otherwise) of the Premises. Lessee is or as of the Close of Purchase Option Escrow will be familiar with the Premises and their suitability for Lessee's intended use. All documents which have been given to Lessee by Lessor, or Lessor's Representatives, have been delivered as an accommodation to Lessee and without any representation or warranty as to the sufficiency, accuracy, completeness, validity, truthfulness, enforceability, or assignability of any of the documents, all of which Lessee relies on at its own risk. Lessee acknowledges and agrees that, except as otherwise expressly set forth herein, Lessee's only recourse for any defect in title shall be against the title company and not Lessor. 69.10. Release. Lessee shall rely solely upon Lessee's own knowledge of the Premises based on its investigation of the Premises and its own inspection of the Premises in determining the Premises' physical condition. Effective upon the Close of Escrow, Lessee and anyone claiming by, through or under Lessee hereby waives its right to recover from and fully and irrevocably releases Lessor and its respective members, employees, officers, directors, partners, shareholders, beneficiaries, trustees, fiduciaries, representatives, agents, servants, attorneys, affiliates, parent, subsidiaries, successors and assigns, and all persons, firms, corporations and organizations acting in their behalf ("Released Parties") from any and all claims that it may now have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to any construction defects, errors, omissions or other conditions, latent or otherwise, including environmental matters, affecting the Premises or any portion thereof. This release includes claims of which Lessee is presently unaware or which Lessee does not presently suspect to exist which, if known by Lessee, would materially affect Lessee's release to Lessor. In this connection and to the fullest extent permitted by law, Lessee hereby agrees, represents and warrants that Lessee realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Lessee further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that, as a material portion of the consideration given to Lessor by Lessee in exchange for Lessor's performance hereunder, Lessee nevertheless hereby intends to release, discharge and acquit Lessor from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which might in any way be included. Lessor has 65B-95 i0a:u0111V I given Lessee material concessions regarding this transaction in exchange for Lessee agreeing to the provisions of this Section. 69.11. Additional Release. The releases set forth in Section 69.10 above and this Section 69.11 are full and complete releases of all the persons and entities described above of and from any and all liability of any nature whatsoever for all damage, injury, loss, expense, including any consequential expense, loss or damage, whether the same are now known or unknown to the parties, expected or unexpected by said parties, and all rights under Section 1542 of the California Civil Code are hereby waived and relinquished. Section 1542 of the Civil Code provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." Lessee's Initials Notwithstanding anything to the contrary herein, the foregoing releases in Section 69.10 and this Section 69.11 are not intended to and do not cover (i) any claims arising from a breach by Lessor of any Lessor's obligations under this Lease, or (iii) any gross negligence, willful misconduct or fraud committed by Lessor. 69.12. Permissible Title Exceptions. Upon the Close of Purchase Option Escrow, Lessor shall convey the Premises to Lessee by a grant deed (the "Grant Deed"). The Grant Deed shall be subject only to the following (collectively, the "Permitted Exceptions"): a) Current Matters of Record. Those matters of record identified in the Navigation Center scope of services. b) Lease. This Lease. c) Future Non -Monetary Exceptions. All monetary and non -monetary encumbrances placed against the Premises or which may appear of record after the date hereof as the result of any action or inaction of Lessee (including any monetary encumbrances appearing of record as a result of any action or inaction by Lessee during the Purchase Option Term). d) Taxes. Non -delinquent general, special and supplemental real property taxes and assessments; provided however, all delinquent taxes and assessments relating to the period following the Commencement Date of the Lease are the responsibility of Lessee pursuant to this Lease and shall be paid by Lessee at Closing. e) Printed Exceptions. Matters shown as printed exceptions in the standard form of Owner's Policy of Title Insurance. Title Insurance. Lessor shall cause to be delivered to Lessee upon the Close of Purchase Option Escrow, an ALTA standard coverage owner's policy of title insurance on the iMaMMIMIN ►OI Premises issued by Escrow Holder with policy limits equal to the Purchase Price and insuring title to the Premises in the condition set forth above and otherwise vested in Lessee. Lessee shall have the right to request issuance of an ALTA extended coverage owner's policy of title insurance and any endorsements it may require, but the Closing shall not be delayed or conditioned on the issuance of same. Lessee shall obtain, at its sole cost and expense, any survey required to obtain any such extended coverage Title insurance, and the obtaining or failure to obtain any such survey shall not delay the Closing. 69.13. Additional Closing Documents. As part of the Closing, the parties shall execute and deliver the following additional documents to the Escrow Holder: a) Lessor and Lessee shall execute and deliver an Assignment and Assumption of Lease; b) Lessor shall execute and deliver a Bill of Sale and General Assignment; c) Lessor shall execute and deliver a Transferor's Certification of Non -Foreign Status, together with a California Form 593-C, reflecting that no tax withholding is required; and d) Lessor and Lessee shall deliver such additional, customary escrow closing documents and instruments as Escrow Holder shall reasonably require, including appropriate evidence of authority and a customary owner's affidavit. The Grant Deed and those documents specified in Paragraphs 69.13 (a), (b) and (c) shall be prepared by Lessor and delivered to Lessee for review and approval not later than ten (10) days prior to the Scheduled Closing Date. The exact form and content of such documents shall be subject to good faith negotiation by Lessor and Lessee and the failure of Lessor and Lessee to agree upon the form of such documents not later than 2 Business Days prior to the Scheduled Closing Date shall constitute the failure of a condition of closing, and either party shall then have the right to terminate the Purchase Option and the sale of the Premises. 69.14. Proration and Credits. Pursuant to the terms of the Lease, all real property taxes and assessments and utilities are to be paid by Lessee and as such no proration for the same are to be made. 69.15. Closing Costs. Lessor shall pay for (a) all premiums for the ALTA standard coverage portion of the Title Policy, (b) one-half ('/z) of all Escrow fees and costs, (c) all sales and gross receipts taxes, (d) all documentary transfer and/or stamp taxes, if any, and (e) Lessor's share of prorations, if any. Lessee shall pay for (i) all premiums for the ALTA extended coverage portion of the Title Policy and any endorsements requested by Lessee, (ii) all costs relating to the survey and all reports, studies, inspections, investigations and all other costs and expenses incurred by Lessee in connection with its review of any materials, documents, materials, the Premises and other such due diligence conducted by Lessee, (iii) any document recording fees and charges, (iv) one-half ('/z) of all Escrow fees and costs, and (v) Lessee's share of prorations, if any. Lessor and Lessee shall each pay for all of its respective legal and professional fees and fees of other consultants incurred by such respective party, and if Lessee shall finance any of the Purchase Price, Lessee shall pay all costs and expenses incurred or arising in connection with such 65B-97 iMaMMIMIN ►OI financing. All other normal and customary closing costs and expenses shall, except as otherwise herein set forth, be allocated between Lessor and Lessee in accordance with the customary practice in the County in which the Project is situated. 69.16. Purchase Option Assignment. The Purchase Option is personal to Lessee and may not be assigned in whole or in part at any time. Notwithstanding the foregoing, Lessee may assign the Purchase Option to the City of Santa Ana, or any other governmental entity approved by the City of Santa Ana. (remainder of page left intentionally blank) iMa:110-11V I 70. Counterparts. The Form Lease and Addendum may each be executed in multiple counterparts and by separate parties on separate counterparts and delivered via facsimile or other means of electronic image transmission, each of which shall be deemed an original for all purposes, but all of which, together, shall constitute one and the same instrument. LESSOR: LESSEE: DYER 18, LLC ILLUMINATION FOUNDATION By: By: Name: Name: Title: Title �I • • iMa:110111V I EXHIBIT "A" — DESCRIPTION OF LESSEE USES The property will be used as a homeless navigation center, recuperative care center, health clinic, and ancillary office space. Services to be provided include case management, housing navigation, behavioral health and substance use counseling, healthcare coordination, and job development. Outdoor property perimeter will be covered with screened fences to limit visibility into the area. Outdoor facilities will include client storage area, pet accommodations, smoking area, outdoor common area, recreational area, and temporary modular housing. There will be 24/7 security guard presence at the property to promptly resolve any security issues that may arise. In addition, this property is not a walk-in facility. All client transportation to and from the facilities will be provided. In addition, there is a Good Neighbor Policy which will be implemented by Illumination Foundation to promote positive communication and relationship with neighbors on an ongoing basis. 65B-100 EXHIBIT 2F GUARANTY OF LEASE A. The following lease (the "Lease") is being executed simultaneously herewith: Lessor: DYER 18, LLC Lessee: ILLUMINATION FOUNDATION Address of Premises: 1815 E. CARNEGIE AVE., SANTA ANA, CALIFORNIA B. The following Agreement with The Illumination Foundation to Operate a Year -Round Homeless Navigation Center and Recuperative Care Facility ("Agreement') is being executed simultaneously herewith: City: CITY OF SANTA ANA Contractor: ILLUMINATION FOUNDATION Purpose: City is retaining Contractor to administer and operate a year-round homeless navigation center and recuperative care facility in the City of Santa Ana C. Lessor requires as a condition to its execution of the Lease that the undersigned ("Guarantor") guarantee the payment of the Base Rent under theLease, and any damage to the Property in excess of fifty -thousand dollars ($50,000). D. The undersigned is desirous that Lessor enter into the Lease withLessee. E. Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Lease. NOW THEREFORE, in consideration of the execution of the Lease by Lessor, and as a material inducement to Lessor to execute the Lease, Guarantor hereby guarantee and agree as follows: Guaranty. Guarantor unconditionally and irrevocably guarantees: (i) the prompt payment by Lessee of all Base Rent payable by Lessee under the Lease; and, (ii) any damage to the Property in excess of fifty - thousand dollars ($50,000). Independent Obligation. Guarantor agrees that this Guaranty is separate, independent of, and in addition to the obligations and undertakings of Lessee pursuant to the Lease. Guarantor further agrees that a separate action or actions may be brought and prosecuted against Guarantor hereon whether or not action is brought against Lessee, whether or not Lessee be joined in any such action or actions, and independent of any action at law or in equity brought againstLessee. Alteration or Assignment of Lease. It is specifically agreed and understood that the terms of the Lease may be altered, affected, modified, or changed by agreement between Lessor and Lessee or by a course of conduct, and the Lease may be assigned by Lessor or any assignee of Lessor and that this Guaranty shall thereupon and thereafter guarantee the performance of Lessee under the Lease as so altered, modified, changed, or assigned, only upon the written confirmation and acceptance of such modifications or assignment of the Lease by Guarantor. Such approval of any proposed alternations or assignment of Lease shall not be unreasonably withheld by Guarantor. If Guarantor has sufficient reason to not agree with such Page 1 12104733.1/48581-00004 65B-101 EXHIBIT 2F modifications or assignment of the Lease, Guarantor shall have the option to terminate this Guaranty of Lease. No Waiver. This Guaranty shall not be released, modified, or affected by failure or delay on the part of Lessor to enforce any of the rights or remedies of Lessor under the Lease, whether pursuant to the terms thereof, at law or in equity. Bankruptcy. Etc. This Guaranty will continue unchanged by any bankruptcy, reorganization, or insolvency of Lessee or by any disaffirmance or abandonment by a trustee of Lessee. Irrevocable Guaranty. Lessor must give Guarantor notice of any default that would be subject to this Guaranty of Lease, and provide Guarantor with a reasonable opportunity to cure such default. If Guarantor is unable or unwilling to cure such default during the reasonable cure period, Lessor may proceed forthwith against Lessee or against Guarantor following any breach or default by Lessee that is subject to this Guaranty of Lease. Remedies. If, after notice to Guarantor of any default subject to this Guaranty of Lease and opportunity to cure during a reasonable cure period, Guarantor shall fail to perform or otherwise breach any of its obligations hereunder, in addition to all other rights and remedies Lessor may have at law or in equity, Lessor may, from time to time and without first requiring performance on the part of Lessee, and without being required to exhaust or proceed against any or all security held by Lessor, look to and require performance by Guarantor of any obligation on the part of Guarantor to be performed pursuant to the terms of this Guaranty by action at law or in equity or both. Lessor may also collect from Guarantor in any such action compensation for, and Guarantor hereby indemnifies and holds Lessor harmless from, all loss, cost, damage, injury, and expense sustained or incurred by Lessor proximately caused by or resulting from Guarantor's breach of or failure to perform any of its obligations under this Guaranty. Waivers. Guarantor hereby waives: (a) notice of acceptance of this Guaranty; (b) any right to require Lessor to proceed against Lessee or any other person or entity liable to Lessor; (c) any right to require Lessor to pursue any other remedy Lessor may have before proceeding against Guarantor; (d) any right to require Lessor to apply to any default any security deposit or other security it may hold under the Lease; (e) any right of subrogation and any right to enforce any remedy which Lessor now has or may hereafter have against Lessee; and (f) any and all right to participate in any security now or hereafter held by Lessor. Subordination. Guarantor hereby subordinates all existing and future indebtedness of Lessee to Guarantor to the obligations owed to Lessor under the Lease and this Guaranty. All indebtedness of Lessee to Guarantor, if Lessor so requests, shall be collected, enforced, and received by Guarantor as trustee for Lessor and shall be paid over to Lessor on account of the Lease but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty; provided, however, that so long as no default by Lessee shall occur under the Lease, any indebtedness of Lessee to Guarantor incurred in the ordinary course of business which will not in the judgment of Lessor cause a default of Lessee's obligations under the Lease may be repaid in accordance with the terms of such indebtedness. Attorneys' Fees and Costs. Guarantor shall pay Lessor all reasonable costs incurred by Lessor, including without limitation attorneys' fees (including charges of in-house counsel) and incidental costs, in any collection or attempted collection, negotiation, or any action brought by Lessor to enforce (i) the obligation of Guarantor hereunder and (ii) the payment and performance of Lessee's obligations under the Lease. Guarantor's Investigation of Lessee's Financial Condition. Guarantor has made an independent investigation of the financial condition of Lessee and the ability of Lessee to perform the obligations hereby guaranteed Page 2 12104733.1/48581-00004 65B-102 EXHIBIT 2F prior to making this Guaranty and Guarantor hereby waives any defense that Guarantor may have by reason of Lessor's failure to provide Guarantor with any information respecting the financial condition of Lessee or Lessee's ability to perform any of Lessee's obligations hereby guaranteed. In addition, Guarantor hereby waives any duty on the part of Lessor to disclose to Guarantor any facts Lessor may now or hereafter know about Lessee regardless of whether Lessor (a) has reason to believe that any such facts materially increase the risk beyond that which Guarantor intends to assume, (b) has reason to believe that such facts are unknown to Guarantor, or (c) has a reasonable opportunity to communicate such facts to Guarantor; it being understood and agreed that Guarantor is fully responsible for being and keeping informed of the financial condition of Lessee and of all circumstances bearing on the risk of nonperformance of any obligations hereby guaranteed. Notices. Except as otherwise required by law, any notice, information, demand, request, reply, or other communication, (the "Notice" for purposes this section only), required or permitted to be given under the provisions of this Guaranty shall be given or served as set out herein. Such Notice shall be deemed sufficiently given if in writing and if. (a) deposited in the United States mail, certified, return receipt requested, postage prepaid; or (b) sent by Express Mail or other similar overnight service, provided proof of delivery is available as an ordinary business record of such overnight service. All Notices to Guarantor shall be addressed to Guarantor at the address stated below unless changed by Notice to Lessor. All Notices to Lessor shall be addressed to Lessor at Lessor's address for notices specified in the Lease unless changed by Notice to Guarantor. Any Notice sent by mail shall be deemed given as of the earlier of (i) actual receipt or (ii) at two (2) business days following the date of deposit in the mail. Any Notice sent by Express Mail, or as otherwise provided in clause (b), shall be deemed given upon the date set forth on the proof of delivery. Assignment. Guarantor shall have the right to assign the obligations of this Guaranty of Lease with Lessor's prior written consent. Guarantor will provide at least ten (10) days prior written notice of any request for assignment to Lessor. Term and Termination. This Guaranty of Lease shall commence when executed and continue so long as the Lease is effective, unless terminated as detailed herein. This Guaranty of Lease may be terminated by the Guarantor upon sixty (60) days written notice of termination to Lessor if any of the following shall occur: (a) Lease expires or is terminated; (b) The Close of Purchase Option Escrow as defined in the Lease Addendum; Miscellaneous. (a) The term "Lessor" whenever used in this Guaranty refers to and means Lessor in the Lease and also any assignee of Lessor whether by outright assignment or by assignment for security and also any successor to the interest of Lessor or of any assignee of Lessor in the Lease or any part thereof, whether by assignment or otherwise. (b) The term "Lessee" whenever used in this Guaranty refers to and means the Lessee in the Lease any assignee or sublessee of the Lease or any part thereof, and any successors to the interest of Lessee, whether by assignment, sublease, orotherwise. (c) The section headings in this Guaranty are for convenience only and are not to be considered part of the substance of the provisions hereof. The use of the singular herein shall include the plural. The obligation of two (2) or more parties shall be joint and several. Page 3 12104733.1/48581-00004 65B-103 EXHIBIT 2F (d) This Guaranty may be executed in any number of counterparts, each of which when executed and delivered shall be an original, but all such counterparts shall constitute one and the same Guaranty. Any signature page of this Guaranty may be detached from any counterpart without impairing the legal effect of any signatures thereon, and may be attached to another counterpart, identical in form thereto, but having attached to it one or more additional signature pages. In order to expedite the transaction contemplated herein, facsimile or electronic signatures may be used in place of original signatures on this Guaranty. The parties hereto intend to be bound by the signatures on the facsimile or electronic document, and hereby waive any defenses to the enforcement of the terms of this Guaranty based on the use of a facsimile or electronic signature; provided, however, that the parties hereby agree to execute and provide to each other original signatures, upon the request made by either party to the other. IN WITNESS WHEREOF, the undersigned has caused this Guaranty to be executed as of the date of execution of the Lease. "Guarantor" THE CITY OF SANTA ANA By: Its: 112 Address: Page 4 12104733.1/48581-00004 65B-104 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE: PUBLIC HEARING TO CONSIDER ORDINANCE NS-XXXX TO ADOPT THE FISCAL YEAR 2020-21 BUDGET, RESOLUTION NO. 2020-XXX TO APPROVE CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN, ADOPT THE FIVE-YEAR STRATEGIC PLAN AND THE SEVEN-YEAR CAPITAL IMPROVEMENT PLAN /s/ Kristine Ridge CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For �K•�►nl►tr».ic•� FILE NUMBER 1. Approve the introduction and first reading of Ordinance No. NS-XXXX (Exhibit 1) to adopt the budget for Fiscal Year 2020-21 (FY20-21), which begins on July 1, 2020 and ends on June 30. 2021. 2. Adopt Resolution No. 2020-XXX, to effect certain changes to the City's basic classification and compensation plan, such as changes to classification titles and addition of new classifications. 3. Adopt the City of Santa Ana FY 2020-21 to FY 2024-25 Strategic Plan. 4. Adopt the Seven -Year Capital Improvement Program (CIP) beginning FY20-21 through FY26-27, as required by the Orange County Transportation Authority (OCTA) for Measure M2 eligibility. DISCUSSION On April 21, 2020, the City Council received updated revenue estimates, in anticipation of the COVID-19 effect on the economy. On May 19, 2020, the City Council held a budget work session and provided initial direction for the FY20-21 budget. On June 2, 2020, the City Council received the detailed draft budget and provided additional direction. The purpose of this June 16 agenda item is to hold a public hearing to consider adoption of the FY20-21 budget. As required by Santa Ana Charter Sections 604 and 605, the City Manager proposes a budget annually for City Council consideration. Proposed Ordinance No. NS-XXX would establish FY20- 21 expenditure appropriations for all funds of the City (Exhibit 1). If the City Council approves the recommended actions, the Ordinance will return to City Council on July 7, 2020 for the second 75A-1-1 Consider the Fiscal Year 2020-21 Draft Budget and the 7-Year Capital Improvement Program June 16, 2020 Page 2 reading and adoption. In accordance with Santa Ana Charter Section 607, the City Council must adopt the budget by July 31 of each year. Exhibit 2 is a Fund Summary showing the estimated beginning fund balance, estimated revenues, proposed expenditure appropriations, recommended inter -fund transfers, and estimated ending fund balance for all funds of the City. Exhibit 3 is a Budget Summary and Exhibit 4 is the detailed proposed budget. CARES Act Funding Update & Spending Plan On June 2, 2020 staff reported the City expects to receive a $28,790,000 federal CARES Act funding allocation directly from the state, if the state adopts its FY20-21 budget with the Governor's recommendation. Staff also reported the City expects to receive a $2.5 million CARES Act allocation from the County, once the agreement is final. As of agenda posting, the $28.79 million state allocation is still intact as part of state budget deliberations. Representatives of the League of California Cities expect the state will adopt its budget by June 15. The allocation from the county may be slightly more than the $2.5 previously reported, and the county agreement is in process. Staff will provide an oral update of these allocations during the June 16 City Council meeting. Based on the latest CARES Act spending guidelines published on May 28, the City expects to use the state and/or county allocation to reimburse itself for FY19-20 expenditures, including $1.9 million of special administrative leave and approximately $1.1 million of staff time. The expected reimbursement increases the estimated beginning General Fund balance to $70.8 million (previously $67.8 million). CARES Act funding is restricted to expenditures for COVID-19 response, and does not include reimbursement for revenue losses. A summary of expected spending follows. CARES Act Funding Other Resources City's match for EOC purchases and staff overtime covered by FEMA FEMA for EOC purchases and staff overtime Regular staff time for COVID-19 response not covered by FEMA CESF grant for EOC purchases Sanitization & Testing HHAP and ESG grants for COVID-19 response for the homeless Special Admin Leave CDBG for small business grants Unemployment Claims The City must return any CARES Act money not spent by the end of the calendar year. With the first quarter budget update expected in October, staff will provide an update of actual CARES Act funding received, along with actual expenditures to -date and expectations for the remainder of the calendar year. Labor Concessions Update The City Manager has reached a verbal agreement with at least one of the labor groups. The proposed FY20-21 budget assumes the City will achieve at least $2.5 million of General Fund savings from labor concessions. A full report is forthcoming. 75A-1-2 Consider the Fiscal Year 2020-21 Draft Budget and the 7-Year Capital Improvement Program June 16, 2020 Page 3 General Fund Overview The General Fund is the primary operating fund of the City, and accounts for unrestricted revenue. A summary of the proposed General Fund budget and a calculation of the City Council's reserve policy follows. Beginning Balance Revenue Expenditures Transfers Out for: Debt Service Cannabis Public Benefit Fund SARTC Subsidy Civic Center Authority Ending Fund Balance Operating Reserve (16.67% of Revenue) Economic Uncertainty Reserve (minimum 1 %) General Fund Balance Excess/(Shortfall) General Fund Proposed Budget $ 70,822,050 307,392,970 (307,565,470) (9,336,460) (6,766,700) (1,100,000) (1,179,400) $ 52,266,990 51,242,408 1,000,000 24,581 In addition to the General Fund Reserve thresholds included in the summary above, the City Council's Budget and Financial Policies (adopted June 6, 2017) defines a balanced budget as "ongoing recurring operating revenues matching ongoing recurring operating expenditures including debt service." A summary of proposed FY20-21 recurring and non -recurring General Fund revenue and expenditures follows, which indicates the recurring budget is not in balance. Recurring One -Time Revenue $ 307,392,970 $ Expenditures $ (303,640,690) $ (3,924,780) Transfers Out $ (17,282,560) $ (1,100,000) After the City has received actual Sales Tax data at the end of September for the quarter ended June 30, staff will provide an update to the City Council no later than October, which may include recommendations for budget adjustments. Santa Ana Charter Section 607 requires the City Council to adopt a budget to "provide for the support of public recreation programs at least the equivalent of six cents (6) on each one hundred dollars ($100) of the assessed value of taxable property in the City on the legal assessment date for the previous fiscal year." The net taxable value of property in the City for FY19-20 was 75A-1-3 Consider the Fiscal Year 2020-21 Draft Budget and the 7-Year Capital Improvement Program June 16, 2020 Page 4 $27,899,686,424. If we apply the calculation required by the Charter, the required budget for public recreation programs is $16,739,812. The proposed General Fund budget includes $22,518,120 for the Parks, Recreation & Community Services Agency, appropriations totaling $5,458,890 for Library Services, and $3,383,350 for Youth Services funded by Cannabis tax revenue. Workforce Changes Each year, there are many workforce changes, including reclassifications of vacant positions. The Proposed Budget Summary includes a detailed table of proposed workforce changes to full-time staff. FY 20-21 FY 20-21 Department FY 19-20 Workforce Proposed Changes City Manager's Office 10 0 10 Clerk of the Council 5 1 6 City Attorney's Office 15 0 15 Human Resources 27 0 27 Finance and Management Services' 69 -7 62 Library 26 0 26 Parks, Recreation, and Community Services 63 16 79 Police Department' 616 5 621 Planning and Building 72 0 72 Public Works 224 10 234 Community Development' 47 1 48 Information Technology 24 0 24 Total 1198 26 1224 `Includes transfer of Parking Enterprise positions to CDA and PD The proposed workforce changes includes classification changes identified in the Human Resources Resolution (Exhibit 5) which addresses classification title changes, new classifications and deleted classification titles. Strategic Plan On May 19, the City Manager introduced the proposed five-year Strategic Plan to the City Council. With input from City Council and the public, staff and the City's consultant prepared the proposed Strategic Plan, which outlines the City's priorities, goals and performance measurements for the next five years. In addition to the Strategic Plan document, a two -page summary has been prepared for the public. Exhibit 6 includes the Strategic Plan document and the two -page Summary. 75A-1-4 Consider the Fiscal Year 2020-21 Draft Budget and the 7-Year Capital Improvement Program June 16, 2020 Page 5 General Fund Ten -Year Outlook Staff has updated the Ten -Year Outlook with the latest updates to the proposed budget. The Outlook starts with the proposed budget in year 1, and applies the following assumptions for years 2-10. The Ten -Year Outlook is only one potential scenario, and actual results will vary. The Ten -Year General Fund Outlook includes: • Annual revenues and expenditures increase by CPI as forecasted by the California Department of Finance (3.7% for FY21-22 and 3.8% thereafter). • An assumed reduction of property tax revenue in FY21-22, resulting from decreased property sales and assessments due to COVID-19. • Measure X sales tax rate decreases from 1.5% to 1.0% in 2029. • Expiration of the Vehicle Incentive Program in 2024. • Removal of one-time items from the budget in future years. • Increasing pension contributions based upon information provided by CalPERS. Staff used the pension outlook tool provided by CalPERS to estimate the impact of the expected current year 0% investment return on future contribution rates. • Retirement of police facility debt in 2024. Results of the Ten -Year Outlook indicate there is a General Fund revenue shortfall to sustain the current expenditure structure. Staff recommends the City Council conduct a comprehensive review of the current service model, and make changes to the budget structure to realign expenditures with revenue. Ten -Year General Fund Outlook $490 E456.7 $475.8 $444.3 $450 $426.] $40].] $410 $389.1 $3W.0 $370 $380.2 $382.5 $338.8 $366.3 $325 9 $352.9 $330 $338.] $325 9 $314.0 $307.4 $290 $250 MO-21 FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 FY21-28 FY 28-29 FY 29-30 - Revenue �Expendtures B Transfers Out Capital Improvement Program (CIP) The City Council's May 19 budget agenda item included the seven-year CIP. The Planning Commission reviewed the document on May 26, 2020 and found it compliant with the City's 75A-1-5 Consider the Fiscal Year 2020-21 Draft Budget and the 7-Year Capital Improvement Program June 16, 2020 Page 6 General Plan. The proposed budget includes $75.2 million of new CIP spending, presented as year 1 of the CIP document (Exhibit 7). The City expects to use restricted money to fund 100% of proposed CIP spending. In addition to new capital appropriations in FY20-21, staff expects to seek City Council approval for carryovers from FY19-20 capital appropriations for projects not completed by June 30, 2020. The carryover request may exceed $150 million. FISCAL IMPACT The Fund Summary (Exhibit 2) includes the estimated fiscal impact for each fund. All exhibits are on the City's website at: https://www.santa-ana.orq/finance/budget Exhibits: 1. Ordinance No. NS-XXX to adopt the FY20-21 budget. 2. Fund Summary. 3. Budget Summary 4. Detailed Proposed Budget. 5. Resolution No. 2020-XXX, to effect certain changes to the City's basic classification and compensation plan. 6. Five -Year Strategic Plan and Two -Page Summary. 7. Seven -Year Capital Improvement Plan. 75A-1-6 EXHIBIT 7 LS 6.16.20 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2020 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Manager has prepared and submitted to the City Council, pursuant to Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2020. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as herein stated, together with any supplemental revisions and amendments thereto, was approved, adopted, and fixed by the City Council as the budget of the City for fiscal year 2020-2021, commencing July 1, 2020, in the amounts and for the funds, purposes, functions, department activities, and programs as therein set forth, including the Seven -Year Capital Improvement Program Plan update per Orange County Transportation Authority Measure M2 eligibility requirement. The adopted budget, including any supplemental revisions and amendments, together with a copy of the appropriation ordinance, shall be placed in the official files of the Clerk of the Council. Section 2. There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective object and purposes specified in that certain document entitled "Fiscal Year 2020-2021 City Budget", a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City for fiscal year 2020-2021, the several amounts stated as proposed expenditures from such funds, respectively, in those columns of the Budget that are headed "FY 20-21". Each aggregate of expenditures so specified in the Budget for the fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the City Charter, except that as to any office, department, r� Ordinance No. NS-XXXX 75A- 1 -7 Page 1 of 3 or agency of the City for which more than one program is designated in Section 2 (General Fund Operating Budget) of the Budget, the aggregate expenditure authorized for all programs in Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the City Charter. Section 3. The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in the Budget, and as set forth in Exhibit 1 attached hereto and incorporated herein by reference. Section 4. No warrant shall be issued or indebtedness incurred for any purpose that exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the City Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his/her opinion, such revisions are necessary and proper. Section 5. In accordance with Governmental Accounting Standards Board Statement 54, the City Manager or his/her designee is hereby authorized, as of the date of this ordinance, to allocate assigned governmental funds' balances to specific programs and activities as deemed necessary and proper. Section 6. The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Inter -fund Transfers listed in the Budget, in such amounts and at such times during the fiscal year as he/she may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. Section 7. One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. Section 8. The City Council of the City of Santa Ana hereby adopts the updated Seven -Year Capital Improvement Program, as set forth in the 2020-2021 City Budget. Section 9. Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2020. Section 10. The Clerk of the Council shall cause the title of this ordinance to be published as required by law. Section 11. All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the r� Ordinance No. NS-XXXX 75A- 1 _Q Page 2 of 3 City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Human Resources, is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this _ day of 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: 1►Eel :W Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2020, 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 r� a Ordinance No. NS-XXXX 75A— 1 —9 Page 3 of 3 EXHIBIT 1 GENERAL FUND City Manager $ 1,727,880 Legislative 489,780 Non -Departmental 1,182,300 Unfunded Pension Liability Payment 41,617,330 Labor Concession Savings (2,500,000) Transfers for Debt Payment 9,044,460 Transfers for Projects 9,338,100 Clerk of the Council 1,355,600 City Attorney's Office 2,950,260 Human Resources 2,897,790 Finance 9,273,840 Library 5,458,890 Bowers Museum 1,473,430 Parks & Recreation 22,518,120 Police 140, 755,440 Fire 49,470,160 Planning & Building 11,834,430 Public Works 13,498,570 Community Development Agency 3,561,650 Total General Fund $ 325,948,030 75A-1-10 EXHIBIT 1 Fund 012 - Cannabis Public Benefit (City Attorney) $ 987,350 Fund 012 - Cannabis Public Benefit (Finance) 354,030 Fund 012 - Cannabis Public Benefit (PRCSA) 3,383,350 Fund 012 - Cannabis Public Benefit (Police) 1,425,980 Fund 012 - Cannabis Public Benefit (PBA) 615,780 Fund 016 - CASp Certification 85,000 Fund 021 - CATV Capital Support (PEG) 253,000 Fund 022 - Library Fee and Donation 25,200 Fund 022 - PRCSA Fee and Donation 20,000 Fund 051 - Capital Outlay (Non -Departmental) 292,000 Fund 051 - Capital Outlay (PRCSA) 200,000 Fund 053 - City Services (Police) 607,850 Fund 053 - City Services (PBA) 3,633,800 Fund 120 - Fire Facilites Fund 960,000 Fund 121-Special Repair/Demolition 15,000 Total General Fund Set -Aside Funds $ 12,858,340 Fund 031 - Air Quality Improvement Fund (HR) $ 145,130 Fund 031 - Air Quality Improvement Fund (Planning) 322,130 Fund 031 - Air Quality Improvement Fund (PWA) 1,000,000 Fund 122 - Emergency & Health Grants 2,610,970 Fund 123 - Workforce Investment Act 3,087,330 Fund 124 - Orange County SSA Grant 851,450 Fund 125 - Urban Areas Security Initiative Grant 5,415,290 Fund 127 - COPS Hiring Grant 31,730 Fund 128 - Law Enforcement Grant 849,990 Fund 130 - HOME Program 5,598,720 Fund 135 - Community Development Block Grant 7,224,710 Fund 136 - Housing Authority - Voucher HAP 35,705,500 Fund 137 - Housing Authority - Mainstream 2,100,000 Fund 138 - Housing Authority - MS 5 1,316,730 Fund 139 - Housing Authority - New Construction 179,100 Fund 140 - Housing Authority - Voucher ADM 3,352,980 Fund 142 - Neighborhood Stabilization Program 1,372,180 Fund 144 - Prison to Employment Program 3,816,970 Fund 145 - Rental Rehabilitation Grant 396,500 Fund 165 - Office of Traffic Safety Grant 168,010 Fund 169 - Recreation Grant Fund 217,020 Total Grant Funds $ 75,762,440 75A-1-11 EXHIBIT 1 Fund 020 - Traffic Offender Program $ 48,770 Fund 023 - Inmate Welfare Fund 1,693,360 Fund 024 - Police Special Revenue Fund 744,050 Fund 026 - Criminal Activites 69,040 Fund 029 - Special Gas Tax 14,500,270 Fund 074 - Civic Center Authority (PRCSA) 6,612,220 Fund 074 - Civic Center Authority (Police) 2,225,380 Fund 133 - Housing Authority Issuer Fee 95,000 Fund 166 - US DOJ Asset Forfeiture Fund 860,930 Fund 167 - US Treasury Asset Forfeiture 136,470 Fund 417 - Inclusionary Housing 6,078,830 Fund 607 - Santa Ana Financing Authority 1,497,720 Fund 655 - 2018 A & BTax Allocation Refunding Bonds 3,042,160 Fund 670 - City of Santa Ana Redevelopment Agency 840,000 Fund 671 - City of Santa Ana Redevelopment Agency Obligation Ret 3,709,140 Total Other Restricted Funds $ 42,153,340 Fund 032 - Measure M $ 15,160,200 Fund 034 - New Transportation System Improvement Area E 119,750 Fund 035 - New Transportation System Improvement Area F 130,000 Fund 054 - Sewer Capital Recovery Fund 10,915,000 Fund 059 - Select Street Construction 7,046,890 Fund 148 -Traffic Saftey Management Program 12,610,000 Fund 224 - Local Drainage Area IV 181,500 Fund 312 - Residential Development District 2 550,000 Fund 313 - Residential Development District 3 2,800,000 Fund 400 - Policing Building Debt Service Fund 4,623,300 Fund 404 - City of Santa Ana Lease Financing Debt Service 5,172,350 Fund 418 - Feebler Capital Fund 6,969,990 Total Capital Funds $ 66,278,980 Fund 027 - Parking Operations $ 5,392,860 Fund 056 - Sanitary Sewer Fund 8,032,640 Fund 057 - Federal Clean Water Protection 4,991,220 Fund 060 - Water Enterprise 76,180,850 Fund 066 - Water Utility Capital Construction 27,150,000 Fund 067 - Santa Ana Regional Transportation Center 1,962,000 Fund 068 - Sanitiation Fund 8,346,330 Fund 069 - Refuse Collection 14,891,500 Total Enterprise Funds $ 146,947,400 GRAND TOTAL $ 669,948,530 75A-1-12 EXHIBIT 213141617 All exhibits are on the City's website at https://www.santa-ana.org/finance/budget 75A-1-13 EXHIBIT 5 RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On June 16, 2015, the City Council adopted Resolution No. 2015-026 amending and re-establishing the Basic Classification and Compensation Plan for all Full -Time and Part -Time Classifications of Officers and Employees of the City of Santa Ana. C. It is the City's practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City's organizational structure as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates. D. The Human Resources Department has completed a review of the various departmental requests to make changes to the City's organizational structure, classification titles, and staffing which revealed the need to effect certain changes to the City's basic classification and compensation plans. E. The City Council has amended and reestablished the Basic Classification and Compensation Plan on numerous occasions since its adoption. F. It is now desired to amend Council Resolution No. 2015-026, as amended, in order to effect these changes, as shown below: Resolution 2020-XXX Page 1 of 9 75A-1-14 Section 2: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "A" as follows: A. Deleting the following full time classification title at the monthly fifteen -step salary rate range indicated: 15-Step Salary Rate Range Effective 02/18/20 Monthly Salary Classification Title SSR Minimum -Maximum Special Assistant to the City Manager (EM) EM-37 $11273-$15926 Section 3: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "B" as follows: A. Deleting the following full time classification titles at the monthly six -step salary rate range indicated: 6-Step Salary Rate Range Effective 02/18/20 Monthly Salary Classification Title SSR Minimum -Maximum Human Resources Secretary (UC) 589 $4150-$5297 Human Resources Systems Analyst (UC) 708 $7419-$9467 Litigation Assistant (UC) 610 $4594-$5868 Police Human Resources Specialist (UC) 602 $4419-$5644 Senior Legal Office Assistant (UC) 571 $3797-$4848 Section 4: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "E" as follows: A. Adding the following full time classification title at the monthly seventeen - step salary rate range indicated: 17-Step Salary Rate Range Effective 02/18/20 Monthly Salary Classification Title SSR Minimum -Maximum Park Services Superintendent MM-18 $8343-$12383 75A-1-15 Resolution 2020-XXX Page 2 of 9 B. Deleting the following full time classification title at the monthly seventeen - step salary rate range indicated: 17-Step Salary Rate Ranae Effective 02/18/20 Monthly Salary Classification Title SSR Minimum -Maximum Assistant Dir of Parks, Rec, and MM-26 $10165-$15086 Community Services (MM) C. Changing the title for the following full time classification title at the monthly seventeen -step salary rate range indicated: FROM: 17-Step Salary Rate Range Effective 02/18/20 Monthly Salary Classification Title SSR Minimum -Maximum Community Services Manager (MM) MM-22 $9209-$13669 TO: Recreation and Community Services Manager (MM) MM-22 $9209-$13669 Section 5: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "F" as follows: A. Adding the following full time classification titles at the monthly seven -step salary rate range indicated: 7-Step Salary Rate Range Effective 02/18/20 Monthly Salary Classification Title SSR Minimum -Maximum Plans Examiner 726 $7211-$9673 Zoo Curator of Health 662 $5278-$7073 B. Deleting the title for the following full time classification titles at the monthly seven -step salary rate range indicated: Classification Title Asset Management Analyst Assistant Plan Check Engineer I Building Inspector Buyer/Systems Technician Community Development Technician Resolution 2020-XXX Page 3 of 9 7-Step Salary Rate Ranae Effective 02/18/20 Monthly Salary SSR Minimum -Maximum 679 $5734-$7685 726 $7211-$9673 668 $5434-$7283 671 $5515-$7391 636 $4648-$6230 75A-1-16 Computer Operator 632 $4556-$6110 Computer Programmer 675 $5623-$7535 Computer Systems Analyst/Programmer 695 $6200-$8309 Data Entry Operator 576 $3467-$4648 Data Entry Specialist 585 $3622-$4858 Economic Development Aide 642 $4787-$6415 Electrical Inspector 670 $5488-$7355 General Maintenance Aide 585 $3622-$4858 Housing Authority Aide 559 $3192-$4278 Library Aide 518 $2613-$3501 Micro Systems Programmer 702 $6415-$8599 Neighborhood Improvement Projects Specialist 687 $5963-$7989 Office Supervisor 629 $4493-$6021 Plumbing Inspector 668 $5434-$7283 Purchasing Assistant 597 $3841-$5151 Revenue and Contract Compliance Auditor 692 $6110-$8189 Revenue and Contract Compliance Examiner 688 $5992-$8029 Revenue Processing Assistant 578 $3501-$4694 Senior Building Inspector 693 $6140-$8229 Senior Electrical Inspector 693 $6140-$8229 Senior Plumbing Inspector 693 $6140-$8229 Senior Receptionist 604 $3974-$5330 Tenant Services Technician 603 $3954-$5304 Treasury Services Specialist 646 $4882-$6542 Youth Services Supervisor 692 $6110-$8189 Zoo Animal Registrar 608 $4054-$5434 Zoo Keeper Aide 518 $2613-$3501 C. Changing the title for the following full time classification titles at the monthly seven -step salary rate range indicated: FROM: Classification Title Assistant Plan Check Engineer II Community Events Supervisor Community Services Supervisor Senior Electrical Systems Specialist 7-Step Salary Rate Ranae Effective 02/18/20 Monthly Salary SSR Minimum -Maximum 740 $7723-$10350 692 $6110-$8189 707 $6574-$8809 687 $5963-$7989 TO: Assistant Plan Check Engineer Recreation and Community Events Supervisor Recreation and Community Services Supervisor Senior Electrical Systems Specialist (T) (Terminal Classification) 75A-1-17 740 $7723-$10350 692 $6110-$8189 707 $6574-$8809 687 $5963-$7989 Resolution 2020-XXX Page 4 of 9 Section 6: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "H" as follows: A. Deleting the title for the following represented categories of non -civil service part-time classification titles at the hourly five -step salary rate range indicated: 5-Step Salary Rate Range Effective 02/18/20 Hourly Salary Classification Title Minimum -Maximum Animal Keeper II $14.09-$17.11 Assistant Special Employment Counselor $13.49-$15.62 Associate Special Employment Counselor $14.47-$17.59 Clerk Typist 1 $15.32-$18.62 Graphics Aide Housing Authority Asst. Librarian (Part -Time) Media Relations Specialist Painter Park Security Guard Parking Meter Maintenance Aide Police Records Clerk I Program Leader I Public Works Records Assistant Senior Administrative Aide Sr. Maintenance Aide I Supervising Park Ranger (Part Time) $13.78-$16.76 $21.75-$26.46 $22.53-$27.39 $19.56-$23.77 $18.36-$22.30 $19.65-$23.91 $17.82-$21.68 $16.87-$20.52 $13.00 $23.28-$28.31 $27.21-$33.08 $13.30-$14.66 $30.77-$37.42 B. Changing the title for the following represented category of non -civil service part-time classification title at the hourly five -step salary rate range indicated: FROM: 5-Step Salary Rate Range Effective 02/18/20 Monthly Salary Classification Title Minimum -Maximum Police Records Clerk II $18.36-$22.30 TO: Police Records Clerk Resolution 2020-XXX Page 5 of 9 75A-1-18 $18.36-$22.30 C. Changing the title for the following represented categories of non -civil service part-time classification titles and changing the hourly five -step salary rate ranges as indicated: FROM: 5-Step Salary Rate Range Effective 02/18/20 Monthly Salary Classification Title Minimum -Maximum Animal Keeper 1 $13.39-$14.75 Clerk Typist II $18.01-$21.86 Program Leader II $13.37 Sr. Maintenance Aide II $13.69-$16.67 Animal Keeper $15.53-$18.89 Clerk Typist $20.20-$24.55 Program Leader $15.07-$18.31 Sr. Maintenance Aide $15.12-$18.38 D. Changing the following represented categories of non -civil service part- time classification hourly five -step salary rate ranges as indicated: FROM: Classification Title Cashier Clerical Aide Community Center Aide Information Desk Clerk Maintenance Attendant Page Program Coordinator Senior Clerical Aide Senior Program Leader Special Events Leader I Special Events Leader 11 Sr. Maintenance Worker Sr. Tutor Tutor TO: Cashier Clerical Aide Community Center Aide Information Desk Clerk 5-Step Salary Rate Ranae Effective 02/18/20 Monthly Salary Minimum -Maximum $13.14-$14.50 $13.94-$16.95 $18.41-$22.39 $15.80-$19.19 $13.00 $13.00 $15.95-$19.41 $15.80-$19.19 $13.04-$15.82 $13.34-$15.44 $15.49-$18.84 $17.18-$20.87 $15.25-$18.56 $13.49-$15.62 $15.10-$18.35 $15.40-$18.69 $20.19-$24.54 $16.95-$20.60 Resolution 2020-XXX 75A-1-19 Page 6 of 9 Maintenance Attendant $15.00-$17.94 Page $15.00-$17.94 Program Coordinator $18.31-$22.26 Senior Clerical Aide $16.95-$20.60 Senior Program Leader $15.82-$19.23 Special Events Leader 1 $15.44-$18.76 Special Events Leader 11 $18.84-$22.90 Sr. Maintenance Worker $18.38-$22.34 Sr. Tutor $18.08-$21.92 Tutor $15.62-$18.98 Section 7: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "I" as follows: A. Deleting the title for the following seasonal and other unaffiliated categories of non -civil service part-time classification titles at the hourly five -step salary rate range indicated: Classification Title Police Reserve Sergeant Police Special Events Offc. Police Training Facilitator Professional Standards Inv 5-Step Salary Rate Ranae Effective 02/18/20 Hourly Salary Minimum -Maximum $32.08 $18.51-$22.53 $22.21-$27.00 $28.45-$34.60 B. Changing the following seasonal and other unaffiliated categories of non - civil service part-time classifications at the hourly five -step salary rate ranges as indicated: a:ifL7, A Classification Title Administrative Intern Budget Intern Engineering Intern Human Resources Clerical Aide Management Intern Police Cadet Sr. Administrative Intern Student Intern Resolution 2020-XXX Page 7 of 9 5-Step Salary Rate Ranae Effective 02/18/20 75A-1-20 Hourly Salary Minimum -Maximum $13.51-$14.88 $16.18-$19.66 $16.18-$19.66 $13.94-$16.95 $18.68-$19.61 $13.00 $14.72-$17.89 $13.00 T•3 Administrative Intern $16.28-$17.09 Budget Intern $17.94-$18.84 Engineering Intern $17.94-$18.84 Human Resources Clerical Aide $15.40-$18.69 Management Intern $20.77-$21.81 Police Cadet $15.10-$18.35 Sr. Administrative Intern $17.94-$18.84 Student Intern $15.00-$15.75 Section 8: All salary rate range classifications are set forth in the City's "Salary Schedule" as periodically updated. Section 9: That except as amended by this Resolution, all other provisions of Resolution No. 2015-026 as amended shall remain in full force and effect Section 10: This Resolution is operative from and after the date upon which it is adopted. ADOPTED this 16th day of June, 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:d.,.,,-,,- A. R Laura A. Rossini Acting Chief Assistant City Attorney 75A-1-21 Resolution 2020-XXX Page 8 of 9 AYES: Councilmembers NOES: Councilmembers /_1:13I/910 10TOT a1 I, ,I TM C67:11:71r1aWTI Mel y_I0r:91r_MIEel 0W- 01exel V Eel 1►U1IIwo I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020- to be the original Resolution adopted by the City Council of the City of Santa Ana on June 16, 2020 Date: Resolution 2020-XXX Page 9 of 9 75A-1-22 Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended ADOPT RESOLUTION ESTABLISHING A As ElOr Amended ❑ Ordinance on 1s' Reading UNIFORM SCHEDULE OF ❑ Ordinance on 2nd Reading MISCELLANEOUS FEES FOR FISCAL YEAR ❑ Implementing Resolution ❑ Set Public Hearing For 2020-2021 /s/ Kristine R CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution establishing a Uniform Schedule of Miscellaneous Fees for Fiscal Year (FY) 2020-2021. DISCUSSION The Miscellaneous Fee Resolution (Exhibit 1) is comprised of various charges associated with but not limited to the following: city services, building and enterprise related fees. Miscellaneous Fees (Fees) are intended to recover the City's costs associated with delivering the corresponding services, however the collection of Fees must not exceed the City's actual costs in delivering the said service, in accordance with state law. On an annual basis, fees and related services associated with the Miscellaneous Fee Resolution, are reviewed and adjusted to reflect the City's costs in delivering the services. Unless otherwise noted, the Fees are increased 3.67%, which is less than the actual increase in the City's costs. This percentage increase reflects the change in the Consumers Price Index (CPI) -Urban, All Services Component, for the Los Angeles -Riverside -Orange County area in a twelve-month period ending December 31, 2019. Furthermore, each department has confirmed that the actual cost of providing the service does not exceed the proposed fees for FY 2020-2021. The FY 2020-2021 Miscellaneous Fee Schedule identifies all fees assessed as well as proposed new fees and those recommended for adjustment (Exhibit 2 and Exhibit 3). The FY 2020-2021 Miscellaneous Fee Schedule includes the continued waiver of the Credit Card Processing fee, along with the following items: • Two (2) new Planning and Building Fees • Three (3) new Public Works Fees • Modification of forty-four (44) existing fees • Deletion of one hundred and forty-five (145) fees that are no longer active 75A-2-1 Fiscal Year 2020-2021 Miscellaneous Fee Resolution June 16, 2020 Page 2 Of the one hundred and forty-five fees being recommended for removal one hundred eighteen are remnant "pipeline" fees from previous fees schedule that existed prior to the fee study/update in 2009. These "pipeline" fees applied to projects that were in development at the time of the fee study; fees no longer apply to any current or new project. After City Council adoption, all proposed fee changes become effective July 1, 2020. FISCAL IMPACT The FY 2020-2021 General Fund and Non -General Fund revenue estimates include any new and increased fees outlined in the proposed fee schedule. Exhibits: 1. Resolution 2. Miscellaneous Fees Schedule 3. Summary of Proposed New, Modified and Deleted Fees 75A-2-2 LS 6,16.20 EXHIBIT 7 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2020-2021 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Each year, for the convenience of the public, the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon those persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for. Fiscal Year 2020-2021 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2020-2021, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 3.67%, so that certain proposed fees for Fiscal Year 2020-2021 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumer Price Index -All Urban Consumers Component for the Los Angeles -Riverside -Orange County area (CPI) in a twelve-month period ending December 31, 2019. E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 3.67% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 3.67% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. Similarly, in a few limited circumstances, agencies have determined that the fee should be deleted; new charges should be added or modified; or, existing charges raised beyond this 3.67%. Such charges are listed in the 'Proposed New Miscellaneous Fees' and 'Proposal to Modify Existing 75A-2-3 Resolution Page 1 of LS 6.16.20 Fees', attached to the staff report submitted for this matter and made a part hereof by this reference. F. In order to have a single comprehensive document for Fiscal Year 2020- 2021, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. G. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. H. Based upon the testimony, reports and other evidence submitted on this matter, this City Council makes the above -specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2020-2021 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2019-038 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2019-038 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall be operative from and after July 1, 2020. 75A-2-4 Resolution No. 2020-xx Page 2 of 3 LS 6.16.20 ADOPTED this 16t" day of June, 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on June 16, 2020. Date: Clerk of the Council City of Santa Ana 75A-2-5 Resolution Page 3 of 3 u :lll ll _ � � 3� _ `s'����; +ice •• I.. d� 49 19.a"Ad�l �Ef A � 44 mc.am ,ess .-. - ---' - 51S753se 1 :lLlIK1 1 75A-2-6 If you have any questions regarding the fees or rates in this document, please contact the appropriate departmental representative listed below: Section Representative Phone ALL DEPARTMENTS Budget Office 647-5420 CLERK OF THE COUNCIL Norma Mitre 647-5237 COMMUNITY DEVELOPMENT AGENCY Susan Gorospe 647-5376 FINANCE & MANAGEMENT SERVICES Will Holt 647-5440 FIRE SERVICES Budget Office 647-5420 LIBRARY Silvia Cuevas 647-5254 PARKS, RECREATION & COMMUNITY SERVICES Francisco Arroyo 571-4218 PLANNING & BUILDING AGENCY Sona Mooradian 667-2712 POLICE DEPARTMENT Robert Carroll 245-8135 PUBLIC WORKS AGENCY Margaret Mercer 647-5050 If you have any questions regardingthe Miscellaneous Fee Process, please contactthe Budget Office at 647-5420. 75A-2-7 TABLE OF CONTENTS Section Department Page I ALL DEPARTMENTS 1 11 CLERK OF THE COUNCIL 6 III COMMUNITY DEVELOPMENT AGENCY 7 IV FINANCE& MANAGEMENT SERVICES 8 V FIRE SERVICES 9 VI LIBRARY SERVICES 12 VII PARKS, RECREATION & COMMUNITY SERVICES 14 Vill & IX PLANNING & BUILDING AGENCY 19-41 X POLICE DEPARTMENT 42 XI PUBLIC WORKS AGENCY 49 Appendix Summary of Proposed New, Modified, and Deleted Fees 53 Resolution Resolution 2020-XXX 75A-2-8 This Page Intentionally Left Blank 75A-2-9 67% ADOPTED PROPO5EO REVENUE FY 142O FY2021 ACCOUNT OEPARIMENT/MISCEUANEOUS FEE OR SERVICE UNIT FEES FEES SECTIONI ALL DEPARTMENTS Certification -An PublicRetard GCM1 3.51 3.64 Proofof Recidenry/firing Certification Each 11.16 11.57 Copyof Public Records (from Paper, Fax, Microfilm, or Other Media) Co&eAmdenlFeportsf /n GeSize upxeNdhg Saeupto 8l/er Each Page 0.22 Q23 than 81/2' x 14') than OversPostage Each Page Charges PostageC Each whir OVO or CO wRM1 records G<M1 6.18 6A1 Subp¢no Mmo Tecum-someos above genecdJees pNs Meftlbvnrg: Spxulreprotluctioncharges,dfany) Each Actual Cost Actual Cost Labor charges per person for locating and preparingd«umen[s° Hour 25.91 26H6 Quarter hour or frxtbn thereof 6A7 6.71 Charges pad W athirdf fM1oergrHreral[and m return ob thafird Each Actual Cost Actual Cost Witness Fees' Per May 2%.87 2I5.O'J Polkr/Fire Per May 296.87 2I5.O'J at he der fsubpaerw pmsfud cast Met uryircws in Perms fsobry and moveling eay—focempbyee All a[ her Employees 2%.8] 275.W at header of Subpoem pNs fud cost Mot city arc ws in harmsofsob,and tonalingexperuesforempby- Mikage F-5')per mile, each way) Each 0.22 0.20 NOTE. Copksfmop;document;graph;orspendworkmoybef—isheduMn MepaymentoflbemtofpindMondpeporodon.lnrn wMmoregubre WHisbedpimiswwvoibdetMOpartmentHe,m mddwmlion with Me Executive O4Moray M ckeA Moncgament5ervicc; may estdrdsh a pace consistent with the cast fprinling and prepamtbn thereof. Me Executive O4Morof Farce& Abnogement5ernces shdlreportsuch esepdans W Me 0tv Manner. Itshdlbe Me rescrumddly of Me City Monger a mvkw castr manually card make such recmnmandalions a Me City Conceal or required a keep rates consistent with cosh GovemmerR�encbs and MeuaJficbl represenMHve�sf shod 4 exempifrom paying IMse rhmgesforsingkcopks foraffirial use. Preparation of Administrativa Records Deposkro beappred roeopvchargesof SC 2O De 511. Rate 132.M] 136.81 Subscriptions C'rty Council Pgen hand Minutes ran maintained at no chargefrom Me Citys internal ambam ma—c a da-ana.org Sane Ana Municipal Code (SAMC) and Supplements (order directly bycalling Municipal Come Corporation at 1-800262-2633) Conforms toC.;:. Cwnemmeat Cade Section 00%9 1 and 6H]91.2 Building Rental Fees Santa Ana Regional Transportation CenterF5ARTC) Facility Renmifor Spaial Events Per Reservation 4A9A08 4,659.01 OG)i-X1O?s)95O l pwsuont b CdiJwnb Govemmed Code Section 68O912 2 Pwsuom a Cdifnmb Government Code Secdnn 68093 75A,2-10 3.6M AOOMD PROPOSED REVENUE Fy 1420 fV 3421 ACCOUNT OEVARTMENT/MISCELLANEOUS FEEOR SERVICE FEES FEFS SECTION I ALL DEPARTMENTS Growl City of5anfa Ana spansard or porsorN e✓ent or program; agences with a recipraal facility ure afee schedule, and goaernmen al agencies (serving Santa Ana mmcle t5) Zrbbusiness meetings and programs. Group Reakent not -tar-profit cfrk, xial, and religbusorganbatnu. G.ur3 Nonresident notfor-prtlR cfrk, so,al, and refgious organizations. Grog Resident canmercial, businesg and fa-pofit organizations. Grog Nonneidentwmmercal, business, and for -profit organizations Fadfi Poke Fxtlity Canmunity Room Up to 3 hours Group WC WC Group 161.62 167.55 Group3 323,22 335M Groupb 223.86 232M Group 466.W 484A2 Each add Donal hour Group WC WC Group 51A8 53.37 Group3 IM16 107.99 Groupb 74.22 76.94 Group 155.63 161.b Cleaning Dep sH )may be reNndabk) Group 24776 256.85 Groupl 249.W 258.14 Group3 249.00 258.14 Group4 249.GO 258.14 Group 249.00 258.14 WTC Iobty(Per lour) 06717002-57 W Group WC WC Group 201.66 W9.06 Group 268.10 277.94 Group4 200.49 W7.85 Groups M55 346.83 Lobby Ckanirg Dep-h: 06717002-579W Group 23I.T2 246.50 Group 238.% 24773 Group 238.96 24773 Group4 238.% 247]3 Group5 BaM 247]3 WTC Courtyard (Per Hour) 06717002-579W Group WC WC Group 66A5 6989 Group 93A8 102.72 Group4 WA5 6989 Groups 13289 137]6 Courtyard Gearing Deposit 06717002-57 W Group 120.0T IMM Group 120.07 U4.49 Group 120.07 U4A9 Group4 120.0T IMM Groups 120.07 U4A9 WTC Meeting Roam )Up to 3 Hours) W717002-579W Group WC WC Group 86.26 E9A3 Group 173M ]80.05 Group4 120.07 IMM Group5 252.95 262.23 GCM1 Add.Iaur Group WC WC Group 1982 20.55 Group3 33.81 35A5 Group4 25.65 26.59 Groups 52A6 54.39 Cleaning DeWSR Group 249.W n .14 Group 249.W 258.14 Group3 249.W 258.14 Group4 249.W 258.14 Group 249.W 258.14 FadF WTC -Su he 100 )Up to 3 hours) 06717W2-5790 Group WC WC Group W4.99 627.19 Group 1,A9.9] 1,254.38 Group4 W6.9 878.07 Group5 1,W3.96 1,756.B Each add Donal hour Group WC WC Group 145.71 151.06 Group3 291.42 W2.12 Group4 X3.% 211.48 Group 402.9 422.% Cleaning DepasR Group 249.W 258.14 Group 249.W 258.14 Group3 249.W 258.14 Group 249.W 258.14 75A.22-11 3.6M ADOMD pROpOSID RWENNE %1430 _M ACCOUNT DEVARLMENT/MISCELLANEOUS FEE OR SERVICE FEES 'D. SECDON I ALL DE.RTMENIS Growl City of5anfa Ana sporane4 or cosponaorN oaant or program, agencies with a rec iprmal facility - afee schedule, and go-nmenarl agencie s (serving Santa Ana redo t5) Zrbbusiness meetings and programs. Group Resident not -for -profit cfrk,x ial, and religious organDatnu. Grouo3 Nonresident no:for-prtlR civic, social, and religious organizations. Grog Raskent conaZrcial, business, and for-pofit organizations. Grouo5 Nonresident commercial, Wsiness, and for -profit orpnizatnnx Group 249.00 258.14 lawn `ng Clubinuse 5I36I Group WC a.Go Graup2 63A0 65.00 Graup3 "00 130.D3 Graup4 90.00 93.00 Group m00 194.00 SzvMuestSc Crater array be refuMabk) CalRanin Room 51361 Group N/C aDO Group 112.00 116.D3 Group 3 U39.03 195.W Graup4 126.DO 130.00 Group 26.00 234.00 Conference Ron. or Dining Room 51361 Group WC a.W Group 32.00 30.00 Graup3 60.00 62.Oa Group4 45.00 46.00 Group mm 93A0 Kit�M1en 57361 Group N/C a.W Group 30.00 31.00 Graup3 45.00 46.no Graup4 32.00 30.00 Group mm 62.00 cbssromn Groupl WC am Gmup2 20A0 ,00 Graup3 41.00 42.no Graup4 30no 31A0 Group Ono 62A0 Sonb Aoo Sr@rhr Main Rowe ).ay WreNWable) N/C 0.m 51361 Groupl 115.00 119.m Group Mon 201.00 Graup3 129.m 133.m Graup4 232.m 240.00 Group 5 Dining Room 51363 Group WC a.Go Grnup2 32.00 30.00 Graup3 mm 62 aa Graup4 45.00 46.00 Group5 90.00 93no Kitcha 51363 Group WC a.Go Grnup2 30.00 31.00 Group3 45no 46.00 Graup4 37.00 30.00 Group 60.00 62.00 Ciassr m 51363 Group WC a.m Group 20.00 20.00 Graup3 41.Oa 42no Graup4 30.00 31.00 Group5 30.00 62.00 smcadn m..unav cemer Meeting Room A 5730 Group N/C am Group 41.00 42.00 Graup3 03A0 B6.no Group 60M 62.00 Group5 120.00 12Am Meeting Roo.O 5730 Group N/C a.m Group 20.00 20.00 Graup3 41.00 42.no Group 30A0 31.00 Group5 60.00 62.00 KitcM1an 5730 Group N/C a.on Group 2 15.00 15.00 Graup3 31.00 32.00 Group4 21A0 21.00 G..p1 45.00 46.00 Gymnasium 75A32-12 3.67% ADOPTED PROPOSED RWENLIE FV 14" N 21 ACCOUNT OEPARLMENT/MIS[ELLANEONS I. RSERVICE FEES FEES SECRONI ALL DEPARTMENTS Growl City of5anfa Ana spansae4 or cospomorN-t or program; agencies with a recipraal facility me afee schedule, and go-nmen al agencies (serving Santa Ana mAcR t5) Zrbbusiness meetings and pro mms. Group Resident not -for-profitcivic, xcial, and religious organbatnu. Grouo3 Nonresident no:for-prtlR civic, so,al, and religious organizations. Grog Reidentcommercial, business, and fa-pofit organizations. Group5 Nonresident commercial, Wsiness, and br-profit orpnizatnnx 51361 Group WC am Graup2 ]BAD GO00 Group 3 152.m 162.m Group4 112.OR 116.m Group5 226.00 234.00 Fxif Gmrfiea Common" Canre. Mrdtwxpose Room 1351Bm2-5I361-15753MI132-M06 Group WC 0.OR Graup2 IMM 10700 Group 3 1I5.OR 18100 Group4 117 OR 121.OR Group5 210.00 21I.00 Dance Roo 13518002-57361-1575341132-AX0 Group WC am Group 34Aa 35.00 Group3 55.00 57 00 Group4 41.00 42.00 Group5 MM 02.00 Jerome Rermatbn Center Sacal Hall or Oass Room or Fit- Room Group WC 0.OR Group M.00 20.00 Group3 41.00 42.00 Group4 30A0 31.00 Group5 GOM 62.00 KRcben 51361 Group WC am Graup2 15Go 15.00 Group3 31.a0 32.00 Group4 21.a0 21.00 Group5 45Aa 46.00 Gym- u m 51351 Group WC am Group 26.a0 20.00 Group 153.00 150.00 Group4 109.00 113.00 Group5 220.00 220.00 (note: troll-.moy be reserved at w7 me m,mar Rd-) ElbNomrCenrer Sacal Hall or a- Room 51361 Group WC am Group 20M A.00 Group 41.00 42.00 Group4 M.00 31.00 Group5 60M 62.00 KRcbn 57367 Group WC am Group 15.00 15.00 Group 31Aa 32.00 Group4 2110 21.Oa Group5 45.00 46.00 Merm' I Garter Socal Hall or Oass Room 5730 Group WC am Group M.00 N.aO Group 41A0 42.00 Group4 ID.00 31.00 Groups 60.00 62.00 Stage 5730 Group WC am Group 15.00 15.00 Group 30A0 31.00 Group4 M.00 M.aO Group5 40.00 41.a0 RomeveR/Wniker Community Center MuI&Purpose Room 5730 Group WC ROD Group M.00 M.00 Group 40.Oa 41.00 Group4 30.00 31.00 Group5 m.00 62.00 Loo Cando 5730 Groupl WC ROD Group ID.00 10.00 Group 20.00 M.aO Grou p4 15.00 15.00 75A*2-13 3.67% AOOMD PROPOSED REVENUE FV 14m FV HL21 ACCOUNT DEPARLMENT/MIS[ELLANEONS FEE OR SERVICE FEES FEES SECUONI ALL DEPARLMENI Growl City of5anfa Ana spansaed or cosponaorN-t or program; agencies with a rec iprmal facility - af a, schedule, and go-nmenarl agencie s (serving Santa Ana mmckod5) Zrbbusiness meetings and prc mms. Group Resident not -for -profit cfrk,x ial, and religious organbatnu. Grouo3 Nonresident notfor-prdk cfrk, so,al, and rel'gious organizations. Grog Reident conmercial, business, and fa-pofit organizations. Group Nonresident wmmercal, business, and for -profit organizations Group 21.00 21.00 Corbin cenre. mezmoml 57361 Group WC am Groupl 20.00 ,00 Group 41.00 42.00 Group4 30.00 31.00 Group5 W.00 62.00 HeRoz cad ezK FSCM1ON Cass Ronmm Group WC a.M 01113002-5I361 Group 35.00 36.00 Group3 5].DO 59.do Group4 43A0 44.00 Group 86.00 SIAO Mead Room 01113002-57361 Group WC 0.On Groupl 39.00 40.00 Group 80L00 82.00 Group4 57.00 59.00 Group5 115.00 119.00 Pertorming Arts Fa duty 01113002-57361 Group WC am Groupl 10I.00 110.00 Group now 186.00 Group4 120.00 124.00 Group 216.00 223.00 Band Room 0111300257361 Group WC 0.M Groupl m.00 62.00 Group 120.m 124.m Group4 86Ao 89.00 Group 129.m 185.00 Gym- 01113W2-53307 Group WC 0.m Groupl ]5.00 77.00 Group 150.m 155.m Group4 10I.00 110.00 Group 216.00 223.00 See SECTION VII for surcbr,,as Sanmoa R4'itlnr nad waterrned Genre. Cass Roo Group WC a 5730 Group 50.00 S1A0 Group3 83.00 86.00 Cron p4 56.00 58.00 Group 100.00 103.00 5[age 51361 Group WC 5.00 Group 15.00 100 Group 3].0 1. 31.00 6roup4 N.0a 20.00 Group5 40.00 41.00 Shdivm Confesvon BVBdnm 01113m2-ST36161 Groupl WC 5.00 Group 63.m 65.00 Group 1 1.00 Group4 W-00 93 .00 9388.m Groups 188.00 194.00 75A.s2-14 REVENUE FY 19-20 FY 20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION II CLERK OF THE COUNCIL 57070 Initiative Petition Pursuant to California Elections Code 9202(b) & City of Santa Ana Council Resolution 88-048 Per Filing 200.00 200.00 57070 Maps City Precinct Maps (Refer to the Orange County Voter Registrar's Office) Oversized City and Ward Maps (Actual cost to reproduce by Public Works Agency Actual Cost Actual Cost Geographical Information Systems (GIS) Maps 57070 Notification for New or Increased Taxes Pursuant to Government Code Section 54954.6 (b) (1) Per Request 60.75 62.98 57070 City Charter Over the Counter Per Unit 15.48 16.05 Mailed Requested Per Unit 19.65 20.37 57070 Copies of Council Minutes, Ordinances, Resolutions Paper Copies including Fax Copies Each Page 0.21 0.22 Specially Reproduced Copies (e.g., floppy disks) Each Page Actual Cost Actual Cost 57070 Fair Political Practice Commission (FPPC) Statements Retrieval Fee for Statements 5 years of age or over Per Record 5.20 5.39 Copy Charge for Statements Per Record DAL 0.11 57070 Tapes of Council Meetings DVD's Per Meeting 5.95 6.17 (order DVD's directly by calling Parks, Recreation and Community Services at (714) 571-4200) 57070 Hearings Chapter 3 Appeal Hearing Application Fee Per Request 139.31 144.42 Processing Fee Per Request 47.20 48.93 Labor Charges (Deposit Only) Per Hour 47.20 48.93 "`Appellant will be billed for ACTUAL costs, including Hearing Officer 75A.s2-15 ADOPTED PROPOSED REvervuE FY 19-20 FY 20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION III COMMUNITY DEVELOPMENT AGENCY Various-57990 Subordination Fee Per Loan 269.88 279.78 Various-53822 Density Bonus Setup Fee 1/8 of 1% 1/8 of 1% Gross Gross Valuation of Valuation of Construction Construction Charge Charge 53902 Inclusionary Housing Plan Submittal Fee Per Submittal 269.88 279.78 53902 Initial Sale of Ownership Units Per Unit 334.65 346.93 53902 Annual Rental Monitoring Fee Per Unit 107.95 111.91 53902 TEFRA Hearing Fee - Housing Project Per Hearing 865.03 896.78 53902 TEFRA Hearing Fee - Non -Housing Project Per Hearing 669.66 694.24 75A-72-16 3.67% ADOPTED PROPOSED REVENUE FY 19-M FYW-21 ACCOUNT DEPARTMENT/MGCELIANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IV FINANCE& MANAGEMENTSERVICES 51002 Dog License Fees County of Orange fees relating to the redemption of dogs adopted by City Council on O1/06/03 (Reso. No 2003-004)' Pmgmm administered by POGce Department County of Omnge pmposedfeey subject to change pending County ,,Amwl* CA Food & Agriculture Code Sec. 30804.5 sets the fee for altered dogs at no more than 50%of unaltered dogs. Annual .Altered (Neutered or Spayed) Each Dog" 29.15 30.22 'Unaltered Each Dog" 102.95 111.91 Replacement cf Tag Each" 3.24 3.36 'Senior Citizen(65 or older) Animal must be spayed/neutered. Each" 14.52 15.10 'Late License Penalty after 30 days) Each-- 32.29 39.18 *Puy License 12 month license for dogs under 6 months EachD 29.15 W.22 53502 Bound Copy (Unabridged) Chapter 21 SAMC Business License Code Customer Pickup Each 41.82 43.41 Mailed Each 51.60 53.49 53902 Finance -Record Abstract Certi0ed Each 21.76 22,56 Uncertified Each 13.91 14,42 53902 Abstract of Billing History Fee Per Account 54.08 56.06 50045 Monthly New Business License List Each 21.76 22.56 50045 Inspection/Ccilection Service Fee Each BLT 61A5 63.21 re-inspection/collection visit 50045 Audit Service Fee Per qualifying BLT audit (underpayments of M or greater, but not less than$250) 63.86 ffic 50045 Autoregistation Service Fee Per BLT account autoregistration/assessment 16.82 12.49 50045 Recording Service Fee Per recording of BLT (Business License Tax) lien 63.60 65.93 50045 Transfer Service Fee Per BLT account collection transfer 40.92 42.42 50045 Hearing Service Fee Per BLT administrative hearing 115.99 120.25 53900 Credit Card Processing Fee (fee waived by Council in 2012) Per Transaction Waived Waived 52900 Return Payment Service Fee 1,titem 25.00 25.92 each Subsequent item 35.00 36.28 53901 Stop Payment/Reissue Fee Each 12.96 13.44 06012002 Utility Service5et-up 53216 After hours Tom On or Tom Off Fee Each 160.55 166.44 After hours Tom On or Tom Off Fee Each am 150.00 (bw-income q.Ifed moupot to SAMC39-22 (b)and (d)) 53215 Meter Tom On or Meter Tom Off Fee Each 64.13 66.48 Meter Tom On or Meter Tom OR Fee Each 0.00 50.00 Qaw-incomeq.diifcd pursuant to SAMC39-22 (b) and (d)) 53215 Field Collection Fee Each 31.42 32.62 53215 Registration Fee Each 42.12 4372 53212 Tag Fee U naffxi Each 13.83 14.34 53214 Special Investigation/Meter Reread Fee Each 13.83 14.34 53214 Meter Read Trip Fee Each 13.83 14.34 52000 Copy of Comprehensive Annual Financial Report (CAFR) Each Actual Cost Actual Cost 52000 Copy of City Annual Budget Each Actual Cost Actual Cost 53402 Paramedic Subscription Fee Per Househdd/Busie ss Location City Administered Paramedic Subscription Program Fee Annual 0.08 62.28 75A$2-17 3.67% REVENUE FY 19-20 FY 20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE SERVICES 53505 Fire Incident Reports Per Report (20 pages or less)* per page 0.25 0.26 53505 Fire Incident Report/Photographs on Computer Disc (CD) per page 0.25 0.26 Reports and photographs in a digital format 53505 Fire Incident or Medical Incident Reports (Requiring computer search) *Minimum one hour per page 0.24 0.25 53505 Fire Inspection Reports per page 0.25 0.26 53505 Fire Code and Fire Code Standard Copies per page 0.25 0.26 51501 Fireworks/Stands and Displays: Permit for Sale (Retail Stand Only) Per Stand 468.93 486.14 Cleanup Deposit Bond (Refundable) Per Stand 211.83 219.60 12015D02 53700 Fire Facilities Per Sq. Ft. of floor area 0.91 0.94 Pertains to construction built over 2 stories in height. Rate is set by ordinance in accordance with the Engineering News Report. **Other Fire Services related fees that may apply can be found at www.ocFa.org MEDICAL RESPONSE 53509 Basic Life Support (BLS) Treatment Per BLS Treated Patient Each 315.53 327.11 53509 Advanced Life Support (ALS) Treatment Per ALS Treated Patient Each 504.84 523.37 53509 Emergency Medical Assessment N/A 16ZD4 173.17 Per BLS or ALS assessment where no transport occurs 53509 Administration of Oxygen during Transport Per Patient receiving oxygen Each 87.85 91.07 53509 Emergency Base Rate/Transportation Per Transported Patient Each 706.54 732.47 53509 Mileage Per Transport Per Transport Mile Per Transported Patient Each 18.56 19.24 53509 DISPOSIBLE MEDICAL SUPPLIES AIRWAY OXYGEN SUCTION Airway Bridge Each 32.17 33.35 Airway- Combitube, holder Each 129.92 134.69 Airway - ET Kit, Slick set, holder, laryngoscope blade, Per Patient eye protection, N-95 mask Airway Nasal Each 38.36 39.77 Airway Oral Each Ambu. Bag, Adult, Pediatric, Infant Each 75.48 78.25 "Cook Kit"(thoracostomy set) Each 201.69 209.09 75A.92-18 3.67% REVENUE FY 19-20 FY 20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE SERVICES Mask -Resuscitator Each 23.51 24.37 Mask - Non-rebreather-oxygen Each 4.78 4.96 Nasal cannula Each 4.23 4.39 Nebulizer Each Oxygen Per Patient 89.95 93.25 Suction Kit- Manual or electric V-vac, canister, catheters, yankauer, bulb, feeding tube Per Patient 35.38 36.68 CARDIAC MONITOR/ DEFIBRILLATION Monitor -electrodes Per Patient 33.90 35.14 Defibrillation gel Per Patient 5.45 5.65 Defibrillation pads Per Pair 60.43 62.65 DRESSING/ IMMOBILIZATION Minor trauma kit - Band-Aid, 4x4, 2x2, Kerlix, tape, eye pad Per Patient 6.97 7.23 Major trauma kit -4x4's, ABD pads, Keriix, tape, petroleum dsg Per Patient 10.27 10.65 Burn pack - Burn sheet, any size bum towel, irrigation saline Per Patient 39.82 41.28 Cold pack Each 3.55 3.68 Gloves Per Pair 1.95 2.02 Hip wrap (disposable hip splint) Each 40.29 41.77 Restraint (limb restraint) Each 3.55 3.68 Spinal Immobilization - backboard, cervical collar, StaBlock, tape Per Patient 51.62 53.51 Splint- air or cardboard Each 16.11 16.70 Vacuum Splint Each 16.12 16.71 IV ADMINISTRATION Armboard Each 6.97 7.23 IV Start - IV Start Kit, prep razor, sharpsafe, connectors Each 15.50 16.07 IV Solution - 250cc Saline, tubing Each 17.66 18.31 IV Solution - 3000cc Saline, tubing Each 19.01 19.71 Needles -disposable Each 1.75 1.81 Saline lock Each 6.38 6.61 Syringe Each 3.36 3.48 MEDICATIONS Adenosine Each 35.76 37.07 Albuterol Each 3.34 3.46 Amiodarone Each 49.00 50.80 Atropine, Ampule Each 3.96 4.11 Atropine, Syringe Each 13.06 13.54 Diphenhydramine Each 4.28 4.44 Dextrose, Syringe Each 19.60 20.32 Dopamine, with drip regulator Each 10.66 11.05 Epinephrine, 1:1000 amp Each 5.50 5.70 Epinephrine, 1:100030cc vial Each 22.86 23.70 Epinephrine, 1:10000 syringe Each 51.09 52.97 Glucagon Each 260.09 269.64 Glucose solution Each 7.62 7.90 Lidocame Each 13.06 13.54 Morphine, amp Each 3.96 4.11 Narcan, syringe Each 55.36 57.39 Narcan, vial Each 121.71 126.18 Nitro spray Each 8.29 8.59 Normal saline 10cc vial Each 2.10 2.18 Sodium Bicarb Each 2.77 2.87 Versed Each 7.58 7.86 MISCELLANEOUS SUPPLIES Linen - Disposable sheet, gurney Each 1.55 1.61 Blanket KCD Each 21.01 21.78 Blanket, quilted (disposable) Each 26.86 27.85 Communicable Disease Kit - 75A,K2-19 3.67% REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 19-20 FEES FY 20-21 FEES SECTION V FIRE SERVICES Personal protection pas, eye protection, vionex wipes Each 12.09 12.53 Emesis Basin -Convenience bag Each 2.68 2.78 Glucometer Strips Each 6.57 6.81 Irrigation Saline -500cc bottle Each 3.62 3.75 N 95 Mask Each 3.16 3.28 OB Kit - Disposable OB Kit, eye protection Each 63.45 65.78 75A�2-20 ADOPTED PROPOSED REVENUE FY 19-20 FY 20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VI LIBRARY 55200 Compact Discs - Overdue/Loss of Use Fee Per Day 0.25 0.25 Maximum 15.00 15.00 55200 Audio books - Overdue/Loss of Use Fee Per Day 0.25 0.25 Maximum 15.00 15.00 55200 Video Cassettes/DVDs- Overdue/Loss of Use Fee Per Day 1.50 1.50 *Not to exceed$15 Maximum Actual Cost* Actual Cost* 55200 Regular Books & Multi -Media Kits - Overdue/Loss of Use Fee Per Day 0.25 0.25 (Includes adult books and children books) Maximum Actual Cost* Actual Cost* *Not to exceed $15 55200 Magazines - Overdue/Loss of Use Fee Per Day 0.25 0.25 Maximum Actual Cost Actual Cost 55200 Paperbacks - Overdue/Loss of Use Fee Per Day 0.25 0.25 ($10 or Actual Cost whichever is less) Maximum 55200 Jetpacks(Hotspots)-Overdue/Loss of Use Fee Per Day 2.00 2.00 ($100 or Actual Cost whichever is less) Maximum 53203 Compact Discs/Rental Pert Week 0.50 0.50 Children's Pert Week 0.25 0.25 53203 DVD/Video Cassettes/Rental Entertainment Pert Weeks 2.00 2.00 Instructional & Non -Fiction Pert Weeks No Charge No Charge Children's Entertainment Pert Weeks 1.00 1.00 55201 Lost/Damaged Catalogued Materials Process Fee Each 10.00 10.00 Replacement Cost Actual Cost Actual Cost Plus overdue charges if incurred 55201 Last/Damaged Uncatalogued Materials Process Fee Each 7.00 7.00 Replacement Cost Actual Cost Actual Cost Plus overdue charges if incurred 55201 Lost/Damaged Jetpacks(Hotspots) Process Fee Each 10.00 10.00 Replacement Cost (Jetpack, U5B cord, AC Adapter) Actual Cost Actual Cost Plus overdue charges if incurred 57200 Damaged Bar Code label Per incident 2.00 2.00 57200 Other Damaged Materials Fabric Bag (Multimedia) Per Incident 6.W 6.00 CD/DVD Pamphlet Per Incident 2.W 2.00 Video cases (Includes Bar Code Replacements) Per Incident 5.00 5.00 Cassette Cases Per Incident 1.00 1.00 CD/DVD Cases (Includes Bar Code Replacements) Per Incident 6.00 6.00 Library Card Replacement Fee Per incident 3.00 3.00 Other Per Incident Actual Cost Actual Cost 57200 Material Recovery Surcharge Per incident 15.00 15.00 57200 Data Base Access No Charge No Charge 57200 Reserve Postal Card Per Item 1.00 1.00 57200 Reserved/Mail Books Homebound SA Residents 1.00 1.00 Other Santa Ana Addresses 3.00 3.00 Non -Santa Ana Addresses 4.00 4.00 Mt,2-21 REVENUE ADOPTED PROPOSED FY 19-20 FY 20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VI LIBRARY 57200 Newspaper Search Fee Per Search 20.00 20.00 57200 Computer Rental Per Hour 5.00 5.00 Nonresident Library Card for Employees of Santa Ana Businesses Per Card/Year 0.00 0.00 To be consistent with Resolution 63 204: Fixed Chorge for Nonresidents. One Day Library Pass Per Day 15.00 15.00 Digital Services Photograph Request - Non -Commercial Use jpeg images from online catalog for personal use Perimage Free Free Tiff files/prints from existing scan Perimage 5.00 5.00 Image from previously unscanned material Perimage 15.00 15.00 Image for Commercial Use Perimage 25.00 25.00 Compact Disc Fee Per Disc 1.00 1.00 57200 Interlibrary Loan Fee Per Request 5.00 5.00 75Ai-2-22 3.67% ADOPTED PROPOSED REVENUE FY 19-20 FY 20-21 ACCOUNT DEPARTMENT/MISCELLAN EOUS FEE OR SERVICE UNIT FEES FEES SECTIONVII PARRS, RECREATION& COMMUNITY SERVICES DEFINITION OF RESIDENT For Group activities, those groups for which at Most 51%ofpartitlpanis either live or work in the City of Santa Ana, the resident rate shall he applied. 53316 IEISURECLASSES Variable From time to time, privately taught leisure and instructional classes will be offered by various agency divisions. The announcement of same will be made by printed fliers or in the quarterly program booklet mailed to registered participants. Programs so offered will be conducted in a 4-10 week format. Charges for each class will be established by the Executive Director of Parks, Recreation & Community Services. STAFFFEES 53319 Park Facilities/Reservation/Supervision(Mandatory) Resident/Nod Resident Per Hour 25.00 25.00 TBD Rae for all other Services, Labor, Material, Lost or Damaged Equipment City's Cost ATHLETICF1EI W ANDFACNMES Multi -Purpose Field Fees 53309 Adult Non-Resident/Profit Per Hour 29.00 30.00 Adult Non-Resident/Non-Profit Per Hour 25.00 25.00 Adult Resident/ Profit Per Hour 18.00 18.00 Adult Resident/ NonProfitPer Hour 15.00 15.00 53307 Youth Non-Resident/Profit Per Hour 11.00 11.00 Youth Non-Resident/Non-Print Per Hour 7.00 ]DO Youth Resident/ Profit Per Hour 4.00 4.00 Youth Resident/ NorFProfit Per Hour 2.00 2.00 Multi -Purpose Court Fees 53309 Adult No,Resideat/ Profit Per Hour 15.00 15.00 Adult NorrResident/ Non -Profit Per Hour 13.00 13.00 Adult Resident/Profit Per Hour 9.00 9.00 Adult Resident/Non-Profit Per Hour 8.00 8.00 53307 Youth Non-Resident/Profit Per Hour 6.00 6.00 Youth Non-Resident/Non-Profit Per Hour 4.00 4.00 Youth Resident/ Profit Per Hour 2.00 2.00 Youth Resident/ Non -Profit Per Hour 1.00 1.00 DYSC Reservation Fee No Admission 53309 Adult Non Resident/ Profit Per Hour 79.00 81.00 Adult Non-Resident/Non-Profit Per Hour 69.00 71.00 Adult Resident/ Profit Per Hour 49.00 50.00 Adult Resident/ NorrProft Per Hour 39.00 40.00 53307 Youth Non-Resident/Profit Per Hour 28.00 29.00 Youth Non-Resident/Non-Profit Per Hour 19.00 19.00 Youth Resident/ Profit Per Hour 10.00 10.00 Youth Resident/ Non -Profit Per Hour 5.00 5.00 DYSC Reservation Fee Admission 53309 Adult Non-Resident/Profit Per Hour 113.00 317.00 Adult Non-Resident/Non-Profit Per Hour 99.00 102.00 Adult Resident/ Profit Per Hour 71.00 Adult Resident/ NonProfitPer Hour 56.00 58.00 53,307.00 Youth Nod-Resident/Profit Per Hour N/A N/A Youth Non-Resident/Non-Profit Per Hour N/A N/A Youth Resident/ Profit Per Hour N/A N/A Youth Resident/ NonProfitPer Hour N A N/A 75AQ-23 3.67% ADOPTED PROPOSED REVENUE FY 19-20 FY 20-21 ACCOUNT DEPARTMENT/MISCELIAN EOUS FEE OR SERVICE UNIT FEES FEES SECTIONVII PARRS,RECREATION & COMMUN" SERVICES DYSCSynthetic Turf Youth Field Adult Non-Resident/Profit Per Hour N/A N/A Adult Non-Resident/Non-Profit Per Hour N/A N/A Adult Resident/ Profit Per Hour N/A N/A Adult Resident/ NonProfitPer Hour N/A N/A 13518002-53307-107533011327007 Youth Non-Resident/Profit Per Hour 49.00 50.00 Youth Non-Resident/Non-Profit Per Hour 33.00 34.00 Youth Resident/ Profit Per Hour 16.00 16.00 Youth Resident/ NonProfitPer Hour 8.00 8.00 53307 Willard l nermediate Sports Field Non Resident/Profit Per Hour 49.00 50.00 Non Resident/Non-Profit Per Hour 33.00 34.00 Resident/Profit Per Hour 16.DD 16.DD Resident/Non-Profit Per Hour B.OD 8.00 Athletic Facility Lights 53309 Adult Non-Residem/Profit Per Hour 53.00 54.00 Adult Non-Residem/Non -Profit Per Hour 46.00 47.00 Adult Resident/ Profit Per Hour 34.00 35.00 Adult Resident/ Non -Profit Per Hour 28.00 29.00 53307 Youth Nod-Resident/Profit Per Hour 13.00 13.00 Youth Non-Resident/Non-Profit Per Hour 9.00 9.00 Youth Resitlent/Profit Per Hour S. S. Youth Resident/ Non -Profit Per Hour 2.00 2.00 57390 Hector Godinez Field Ughts Per Hour N/A Football Field Per Hour 14D0 14.00 Baseball Field Per Hour 19.00 19.00 Soccer Field Per Hour 14D0 14.00 Classroom Per Hour 3.00 3.00 Gymnasium Per Hour 25.00 25.00 Performing Arts Center Per Hour 59.00 CLOD Black Be. Per Hour 13.00 13.00 Outdoor Basketball Per Hour S.w 5.00 57390 Hector Godinez Reservation Surcharge Per Reservation 10.0D 10.00 Perloint Use Agreement with the Santa Ana Unified5chool District 573W Hector Grainer Participant Fee Per Participant 1.00 1.00 Perloint Use Agreement with the Santa Ana Unified School District SANTA AM STADIUM 57362 Stad into Sporting Event (12-14 Hours)Fee Adult Non-Resident/Profit Per Day 1,630.00 1,689.00 Adult Non -Resident/ Non -Profit Per Day 1,426.00 1,478.0C Adult Resident/ Profit Per Day 1,019.00 1,056.00 Adult Resident/ NonProfitPer Day 815.00 844.00 Youth Non-Resident/Profit Per Day 593.00 614.00 Youth Non-Resident/Non-Profit Per Day 395.00 409.00 Youth Resident/ Profit Per Day 197D0 204.00 Youth Resident/ NonProfitPer Day 95.00 98.00 57362 Stadium Sporting Events Fee Adult Non-Resident/Profit Per Hour 136.00 140.00 Adult Non-Resident/Non-Profit Per Hour 119.00 123.00 Adult Resident/ Profit Per Hour 85.00 ARM Adult Resident/ NonProfitPer Hour 68.00 70.00 Youth Non -Resident/ Profit Per Hour 49.00 50.00 Youth Non-Resident/Non-Profit Per Hour 33.00 34.00 75Al-2-24 3.67% ADOPTED PROPOSED REVENUE FY 19-20 FY2 21 ACCOUNT DEPARTMENT/MISCELLAN EOUS FEE OR SERVICE UNIT FEES FEES SECTIONVII PARRS,RECREATION & COMMUNITY SERVICES Youth Resident/Profit Per Hour 16.00 16.00 Youth Resident/ Nod Profit Per Hour 8.00 8.00 57362 Loral high schools and colleges + Security Flat Fee Per Day 1,685.00 1,746.00 57362 Playoff Games+Security Colleges, Universities, League or Conference Playoff Games For NCAA, ETC Flat Fee plus security Per Day 2,086.00 2,162.00 Stadium Concession Building (see SECTION I) 57362 Commercial Events/Admin. 75M and over Both Grandstand, Per Day 13,597.00 14,096.0C West Grandstand Only Per Day 6,798D0 7,047.00 West Grandstand and Field Level Seating Per Day 10,198.00 10,572.00 Both Grandstands antl Field Level Seating Per Day 20,396.00 21,144.00 57362 Commercial Evenh/Extra Day Move-in,ifavailable: Flat Fee Per Day 1,339.00 1,388.00 57362 Commercial Events/Non-Spectator One to two days Per Day 1,768.00 1,832.00 Three or more consecutive days Per Day 1,414.00 1,465.00 All-inclusive rental includes basic staffing, lighting, and rental fees 57362 Events/Solicit Don ations No admission charge Per Day 4,773.00 4,948.00 57362 Santa Ana Stadium- Television Rights Per Event 1,178.00 1,221.00 57362 Santa Ana Stadium Graphics Operator Per Hour 97.00 100.00 53315 Santa Ana Stadium Advertising Fee (per advertiser) Group 1 Per Day Group Per Day 51.00 52.00 Group Per Day 64.00 66.00 Group Per Day 77.00 79.00 Groups Per Day 103.00 106.00 See SECTION I, All Departments, Building Rental Fees, For group descriptions AQYAAGG "g Fee ? ?,BB 63394 G ___ AS _. __ 63364 Be, d- rt Per - 'is us .men. P-F ll nF 132,99 "6.98 116.98 149.9 33384 Fesi9eM P-1- , .men. PecMenr 164.A9 19�49 299.96 i3gB4 PecMenr "Ag "A 63318 .a 5M ReCgG XGM'All''Aii 4.. •:F,A 9 Ha ,el J d,, 9a. 4ffm P-FNenr 29p 29B 4Prn-d s, P-FNenr 29E3 29B P-FFlear i3318 Na. Re,i -e FeFNenr - cc �.Bp NeFRe, :a-. 4,,,sur 29B 29p 57361 Santiago Lawn Bowling Greens Per Month 589,00 610.00 75AA2-25 3.67% ADOPTED PROPOSED REVENUE FY 19-20 FY 2(F21 ACCOUNT DEPARTMENT/MISCEEUIN EOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION& COMMUNITY SERVICES 53309 Grass Arco(1-SO People) Per Hour -Resident 10.00 10.00 Per HourNonResident 20.00 20.00 Grass Area(Each additional 50 People) Per HourResidentS.00 5.00 Per Hour -Non Resident 10.00 l0.00 533M Picnic Area(1-50 People) Per Hour -Resident l000. low Per Hour -Non Resident20.00 20.00 Picnic Area (Each additional 50 People) Per Hour -Resident 5.00 5.00 Per Hour -Non Resident 10.00 10.00 57361 Plaza Calle Clotro From the hours of 8:00am to 10:00pm Non-Resident/Business Per Reservation 206.00 213.00 Non-Resident/Non-Profit Per Reservation 200.00 202.00 Reident/Business Per Reservation 156.00 161.00 Resident/Non-Profit Per Reservation 133.00 137.00 Event Staffing Fee` Per Event Day 22.00 22.00 'Ifspedal event requires access to Efeenle ty 57361 Showmobile and Other Equipment Professional Commercial Rentals Per Day 483.00 500.00 Schools, Non- profit, Government Per Day 241.00 249.00 Supervision Cost (Mandatory) Per Hour 41.00 42.00 Towing Fee Round Trip 230.00 380.00 Mobile Bleacher' 4 Hour Minimum Per Hour` 41.00 42.00 Mobile Bleacher Additional Hour Per Hour 33.00 34.00 57361 Events Trailer- Tables and Chairs Tables Per Table/Day 13.00 13.00 Chairs Per Chair/Day 2.00 2.00 OTHER RECREATION PROGRAMS 53303 Sports, Youth: Registration for Baseball, T-Ball, Basketball, Flag football, Kickball, Softball, Soccer, and Volleyball. Reg. per person/sport(includes T-shirt) Each 37.00 38.00 Shirt -Extra Each 13.00 13.00 Ca,,atra Each 13.00 13.00 Shirt & Cap -Fair. Set 23.00 23.00 53301 Vacation Recreation Program Resident -per week Per Child 94.00 97.00 Resident Second Mildperweek Per Child 62.M 64.00 Additional Non -Resident Fee Per Registration 16.00 16.00 Residentperday Rvm day minimum) Per Child 19.00 19.00 53301 Family PRIDE Fees Excursion Bus Fees Per Child 3.00 3.00 Per Adult S.00 5.00 Family Annual Membership Fee Per Family 74.00 76.00 Campout Per Family 37.00 38.00 Halloween Dance Per Child 2.00 2.00 Per Adult 5.00 5.00 Christmas Dinner Per Child 8.00 8.00 Per Adult 11.00 11.00 Parent Dinner Dance Per Person 22D0 22.00 Per Couple 37D0 38.00 Teen Club Annual Membership Per Member 22D0 22.00 Teen Dance Per Person 5.00 5.00 53301 Excursion Bus Fee Per Child S.o0 5.00 Per Adult 8.00 8.00 53301 After School Adventures Program Per Child 21.00 21.00 Additional Child 16.00 16.00 SANTA AM ZOOAT PRENTICE PARK 53312 Zoo Admissions 75Ai-2-26 3.67% ADOPTED PROPOSED REVENUE FY 19-20 FY2 21 ACCOUNT DEPARTMENT/MISCELIAN EOUS FEE OR SERVICE UNIT FEES FEES SECTIONVII PARRS,RECREATION & COMMUNOy SERVICES Adult Each 12.00 12.00 Mild/Senior Each 9.00 9.00 Friendsof Zoo Each Free Free 53310 Zoo Education Programs: Rates to be establishedandadvertisedby, the Executive Duca mrof Receation & Community Services Agency, through fliers or othermedia. OTHER SPECIAL FEES 57010 Reservation Cancellation/Transfer Fee Per Reservation 15.00 15.00 57010 Reservation NoShowFee Per Reservation 25.00 25.00 57010 Reservation Permit Processing Fee Per Annual Permit 25.00 25.00 57010 Portable Restroom Fee Per Hour 4.00 4.00 05113002-53317 Adult Soccer Reservation Surcharge Per Game 33.00 34.00 05113002-53317 Adult Baseball Reservation Surcharge Per Game 21.00 21.00 51301 Filming Permit Fee Per Day 475.00 492.00 Filming Permit Processing Pe,Student Per permit 77.00 79.00 Progmm administered by Pork; Recreation & Community Services 53308 Audio Permits Resident Each 50.00 51.00 NonResidentEach 67.00 69.00 53308 Public Space Special Event Fee First Event Day Group 1 City Sponsored Event Each No charge No Charge Group 2 Resident Non -Profit Each 803.00 832.00 Group Non Resident NonProfitEach 1,205.00 1,249.00 Group 4 Resident Commercial Each 1,406.00 1,457.00 Group Non Resident Commercial Each 2,009.00 2,082.00 Each Additional Day Group l Oty Sponsored Event Per Day Group Resident Non -Profit Per Day 241.00 249.00 Group Non Resident Nor -Profit Per Day 361.00 374.00 Group 4 Resident Commercial Per Day 422.00 437.00 Group Non Resident Commercial Per Day 602.00 624.00 See SECTION I, All Departments, Building Rental Fees, for group descriptions 99801001-21662 Park Facilities Deposit Per Reservation 1D0-5D0 Sim SSW The appropriatedepositforeach fatllity will badem mmedby the Executive DhectorofParks, Reoeation and Community Services THE, Other Recreation and Aquatic Programs Rates to beestablished and advertisedby, the Executive DirectorofParks, Readonen and Community Services Agency through fliers orothermedia. 3xx13OD?533M Park Acquisition and Development Fees 5 bedrooms Each 7,623.00 7,902.00 4 bedrooms Each 6,852.00 7,103.00 3 bedrooms Each 6,188.00 6,415.00 2 bedrooms Each 4,612.00 4,791.00 1 or less Each 3,461.00 3,588.00 75A,$2-27 srvuf [xr/mnc[luxfous 1. RI.. ntsm nm t m wai lawiimm) p lN1, nppmam) lh fah 4 ecafemcmmpurre cirtmmm 1�se 2mecafe 1,,NN 1.ncafemaruwmlviannrvgaimpanml mrtieom 4e m,N— 4 wremnppibnmQmeoargl ss fre 17tl. ae m,N.. 114171 1) 7 m mepmai vznew°fhf low° r« fee vP INJVImi lxevermf-a5c (vcary lmlw ) s) 1,2 1 5,4/ iopmemngreemvrc xe —/mwsrz 1s, pepmrz 14S72. •.�4+�e'-�dc4-�i w✓s4 aew4eu xrsce rcuicri 3 arelnm -, �� 4 vercmifaa as L. amwi,mwgx®a¢A.,I a/4fnc n vercmub I.narcmrzaNen o vercmmu e uc-va iK fanMlsmail lmnea fre 1v 4mwa 4+�anx uegw3 •'max _._. _.. ., 4eaeaw4 [aw sam /ambnuap wamap ^tee s emix/oupwx pt4T—muss/murzi us/rvorzraaemoI f pmn nppN.— a/ fee xe4 s earuwrim arI 1m1N xenrexe artier fee 1Sssu f« 1,x map IN—Il xmitbnon xmN- fee 1Sss.u4 fee 155 unties/ mere la'ommel vermh nppeeamn fee sn fee 5, m my Fll�f� 4ee lexnyez 1. mat-meea API—M fre 2,73 fee 2. Iti—Ill xewmmAppibnm 4S fee 45 11 WmaI vumpn to Pr fee syss1. fee z, re w pp wnxamr lvebuc 4> fee 4,54 67 s ync m:eapmvrz mw Mpilenim 1,.s fee Hsu wm 11s vermf fre v fee 1 [aea GWYCw Fa@ Hgs6m 75A,�2-28 [rvut ntNPh nm s [xr/Mnc[tuxmus 1. RI.. 111�s el.pve� aelnanx zq,,mb age M. 'N.x M'M s.t. uxa xu[msc .1 F.I xp[cmc somwE F. amvw ssa samse c16 l aar 6,vxs. ass aAn.aam- hh Ra3sl 41 . v'ssm a� 141 viAm.uxm_ __.24,4M72 h.ss,4.. mAn.as�f--. ss3wss mAm�mym—_. sa4s7 v 0.7 map P" 1� 41 1. �emaxa xereeexa tiNsen xereeexa uyeu arce npMeamn s9'+mw �M / ax�rzlmxause tee vss�u cs ree vssmxm ronmemal Imwxxewrz vxm Umurcamte vrzm<armrinmtre mve uwiez we 127 ree e}nss I., ¢ona rrempnm/ [rmranrremx oetamwnm Urn Um v rMemnmixzexel®ss Pre se rettymwnveztrz Ixlmrc Irclmrc 1.1 ne.lmwenan t� Ewh I.h 1.1 an tre Mwiremvlwxanl zmb z h v ll�toinamuarmreaxh..re tee we hm .1—Mere- .1—hi ® mmnmrmpgstxm/wrz Vv bxmierter tmb 6 tsb reoralname amemmem txb 6 6 Ih 44 1. II mWmmme®rverealq mammmm PerMglunm s Pernpplluna 6, erxea oevewpmvrc Prms mnex Ewh aNxemt tmb ury'zemt Mnpxlo PP,arvlea M¢pxlon W—'Ire PeroraWtt 1pss.ef per Pra�wt im 6 elmI U—be-P nx pq_(Mp tee y t« yxsxax 6 emi Unrebe-xsI,Pmss xp tee ss}xsm tm 1"y . s 1U-11 neulnuss x I nre.MpPhall 1) tee t« 1, tee 1,/5 cPhl manrabxnamnuze xmu Rs phs xl t tm ss}v6m tee 1"pss UIt—Ill xeg ppfPh— 1) tee 1, tce if 1.2 mUnrebll Ulwxion up phxu 11 tm ss, tee nSss.w 1 mU—be omnbuuonxog app Phazep tee 11 tee 1,7 a 1xyss56 a mUnmbm Manufeaunre xmPop (Pmsc l) tre 1, tee 1,75 z- Ma.—wng xm 1pmse x, tm ss}v6m tee ssysss 51616 Umm Um 1,-P—Ing xm app Ph,,, 1) tee 1,6mm tee vxsxm / m�Unnawx-iemre xsP phase xl n, tee n5'✓-4w h ProwM Waervatnn Ag.-- Uah 3S.Pl.vx Ewh xSmm MR, Mpplbtlan� r,E-1h,F ffl tlonppllmtlon iPP) �h �h ya 1. twk WP-Utearintlan/pphotlm F h 3$.4l.vx Ewh ialee[Alnetllaeacltene Gws6ez GNs6✓x i mewlvchllviohtmPrlvate WawM 1 Pursuant tot W4 414W71(h 1 Pursuaum2lM 414m71h Prrgmm MMMmreJ6y RYla'eRwmtent 1., .PPeevMbpSevYe tre 1 p'P—.re 1 6 pw1—a n, 6 �: r«xsne luelke: reexsne �. reexane 75AA-29 NZZ 75AA-30 3.67% ADOPTED PROPOSED REVENUE FY19-20 1(20-21 ACCOUNT DEPARUAENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PUNNING& BUILDING AGENCY 53600 1) 10,00]s/fw/oinmriorimprovemen[5- Structual Plan CM1xk zq. ft. 1.04 IA8 51601 2) 10,000s/fw/ointernrimprovementi Structural PUnlnspeRbn sr. ft. 0.28 0.29 51602 3) IDOW sf w/o interior improvements-EMPlnsp zee in0hmidual zee individualitem uM1etlule item schedule 51603 51604 53601 4) 10,0004w/ointerbrimprosementz-EMP PUn CM1eck see in0iW0ual see individual item scM1etlub item schedule 53602 53603 53600 5) 60A00 sf w/o interior improvements,- Structural Plan Check on. ft. 0.10 0.10 51601 6) 60,0004w/ointerbrimprosements-Structurallnzp .ft. 0.10 0.10 51602 ]) 60,0004w/ointerbrimprosementz-EMPlnsp zee individual individual item zcM1etlub item scmdule 51603 51604 53601 B) 60,000sfw/ointerbrimprozementz-EMP Plan CM1xk see individual zee individual item schedule item schedub 5360 536033 53600 9) 100,000sf w/oin[erbr improvements -Structural Pbn CM1xk sq.ft. OA8 OAH 51601 10) 100,0004w/ointerbrimprovementz-Structurallnsp sq. ft. 0.16 0.17 51602 11) 100,0004w/ointerbrimprceementz-EMPlnsp see individual sx in0ivi0ual item schedule item schedule 51603 51604 53601 12) 100,0004w/ointerbrimprovementz-EMPPbn Check sx in0iW0ual sx individual item schedule item schedule 53602 53603 53600 13) 10,000 sf with interior improvements,- Structural Plan Check on. ft. IA2 IA] 51601 14) 10,OWsfwkh interior improvements, -Structural lnsp sq. ft. CAI OA3 see individual see individual 51602 15) 10,0004wRM1 interior improvements- EMPlnsp item zcM1etlub item schedule 51603 51604 sx in0iW0ual sx in0iW0ual 53601 16) 10,000 sf with interior improvements-EMPPIan Check item schedule item schedule 53602 53603 53600 17) 60,000 sf with interior improvements- Structural Plan Check sq. ft. 0.10 0.10 51601 18 60,000 sf with interior impeareements-Structural Insp sq.ft. 0.17 0.18 51602 19) 60,000 sf with interior improvements,-EMP lnzp zee in0iN0ual zee individual item scM1etlub item schedule 51603 51604 53601 20) 60,0004wRM1interbrimprovementz-EMPP1n CM1xk zee in0iW0ual zee individualitem uM1etlub item schedule 53602 53603 53600 21) 100,0004wRM1interiorimprovementz- Structural Plan Check on. ft. 0.15 0.16 51601 22) 100,0004wRM1interiorimprovementz-Structurallnzp on. ft. 0.18 0.19 51602 23) 100,000 sfwkh interior improvements-EMPlnsp sx in0iW0ual zee in0iW0ual item uM1etlub item schedule 51603 51604 53601 24) 100,000sfwRM1interiorimprovementz-EMPPlan CM1eck zx in0iW0ual see individual item schedule item schedule 53602 53603 53600 25) High Rise, SStomsor more Structural Man Check aszumez50kzq.ft. 0.97 Ini 51601 26) High Rise, SStonesor mom -Structurallnsp assumez50ksq.ft. 0.28 0.29 sx in0immmi see individual 51602 27) High Rise, SStomsor mom -EMPlnsp item Khedub item schedule 51603 51604 53601 28) High Use, S Stories or more -EMP Plan Check zee in0inclual zee in0iW0ual item schelule item schedub 53602 53603 53600 29) 2,500sf Resdentlal2story SFO-StmctumlPlan Check sq. ft. 2A6 2.55 If singe story on. ft. 1.12 1.16 If repeat zq. ft. 0.57 0.59 51601 1 30) 2,500 zf Rezilentlal SFD-Structural less on. ft. 0.64 0.66 75A&a2-31 3.67% ADOPTED PROPOSED REVENUE FY 39-20 FY20-21 ACCOUNT DEPARINIENT/MISCELIANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PUMPING B BUILDING AGENCY see intliWtlual see intliWtlual 51602 31) 2,500sf Residential SFD-EMPlnsp item schedule item u1hetlule 51603 51604 see intliWtlual see intliWtlual 53601 32) 2,500 sf Residential SFD -EMP Plan Check item xM1etlule item schedule 53602 536033 53600 33) Apartment, 10 unim- Structural Pan Check axumez lft sq. ft. 1.12 1.16 51601 34 Apartment, 10 units -Structural Ins mes Incs .ft. 0.27 0.28 see mdirod-1 see mdiromml 51602 35) Apartment, 10 units - EMPlnsp item xM1etlule item schedule 51603 51604 53601 36) Apartment, 10 units-EMPPan Check see imirod al zee indirod-1 item uM1edule item schedule 53602 53603 53600 32) M tel/Motel, 20 units- Structural Pan Check assumes l5k sq. ft. 1.21 1.25 51601 38) NotepMotel, 20 unhz- Structural lnsp axumez 15k sq. ft. OA2 OA9 51602 39) Ib[eVMo[e1, 20 oohs- EMPlnsp see indiAdual see indirod-1 item scheduie item schedule 51603 51604 seeindiWtlual see intliAdual 53601 40) Note!/Motel, 20 units -EMP Pan Check item xM1etlule item.1hedule 53602 53603 53600 41) Miu Resid.Structure: Patio Cover/Gam,eStructuml Pan Check sq. ft. CAI OA3 51601 42) Miu.Resid.Structunc PatioCotrer/C rage-Structurallnsp zq. ft. OA2 0At 51602 43) Miu.Resid.Structucc PatioCover/Garage-EMPlnsp zee incieduk zee isciedule item xM1etlule item xM1etlule 51603 51604 53600 44) Atltlhion: up to 500 at ReaU Mfloor- Structural Pan Check zq.ft. IAn LA5 51601 45) Atltlhio¢ up to 500 sf Rest, istflmr-Structuralmap zq. ft. 1.12 1.16 see indirod-1 zce indirod-1 51602 46) Add'¢io¢ up to 500 sf Rest, lst flmr-EMPlnsp item schedule item schedule 51603 51604 53600 47) Add'¢ion:upto1,500sf Rasidlstfkmr- Structural Plan Check sq. ft 1.12 1.16 51601 a) Addkbn:uptol,500sfR id lAfWr-Structurallnsp .ft. 0.96 Inc 51602 49) Addition: upto 1,500 at R id lstfkea- EMPlnsp zee indidual see iiM1etluledu item xM1atlule item scx 51603 51604 53601 50) Adtlhion: up to 1,500 of Resid 1zHioor-EMP Plan Check zee indimdual see indiWd-I item uM1etlule item z<hcdule 53602 53603 53600 51) Atltlhio¢ upto 500 at Resitl 2nd I— Structural Pan Check sq.ft. 385 3.99 51601 52) Addition: upto 500 at Reaitl 2nd flmr- Structural map zq.ft. 1.95 2A2 zee indiWd-I zee imirod-I 51602 53) Addition: upto 500 at Reaitl 2nd flmr- EMIR map item xM1etlule item schedule 51603 51604 53600 54) Adtlhion: up to 1,500 of Resid 2nd fioor- Structural Plan Check zq. ft. 231 2.60 51601 55) Atltlhion: up to 1,500 at Resid 2nd fioor-Structural lnsp sq. ft. 1.10 1.14 selntliod-I zee indiWd-I 51602 56) Add'¢io¢ up to 1,500 at Resid 2nd fioor-EMPlnsp item uM1etlule item x1hetlule 51603 51604 see indidd-I see indiWdual 53601 57) Adtlhio¢ up to 1,500 at Read 2nd fioor -EMP Plan Check item schedule item x1hetlule 53602 53603 75A -2-32 3.6]% ALOPTEO PROPOSED REVENUE FY 19-20 FY20-21 ACCOUNT DEPARTAENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING& BUILDING AGENCY 53600 58) Swimming Pool, 350 sf-Structural Plan Check zq. ft. 0.5] 0.59 51601 59) Swimming Pool, 350sf-Structurallnsp sq. ft. 0.63 0.65 see im iNtlual zee intliAJual 51602 60) Swimming P-1, 350 sf- EMPlnsp Item schetlule item schedule 51603 51604 see intestinal see intliAOual 53601 61) Swimming Pool, 350sf-EMP PUn Check item schedule item schedule 53602 53603 53600 62) Fence)waN), 20 IT- Structural Plan Check i CAI OA3 51601 63) Pence (waxer), 20 N-Structural last If 0.30 0.31 53600 64) Retaining Wall, 20 IT Structural Plan Check If OA2 OA4 51601 65) Retaining Wall, 20 f-Structural Imp If OA1 OA3 53600 66 TI, 4p00 sf- Structural Plan Check sq. it 0.36 0.37 51601 6]) TI,4p00sf-Structurallnsp sq `: 0.26 0.27 51602 68) T1, 4p00 sf-EMPlnsp zee inumd-1 see intliAtlual item schetlule item schetlule 51603 51604 zee intlivd-I see intliWtlual 53601 69) T, 4,000 sf -EMP Plan Check item schetlule item schetluk 53602 53603 53600 ]0) T1, 8,000 sf- Structural Plan Check sq. f. 0.30 0.31 51601 ]1) T1, 8,000 sf- Structural lnzp sq. ft. 0.15 0.16 see intliNtlual see intliAdual 51602 ]2) T1, 8,000 sf- EMPlnsp item schetluk item schetlule 51603 51601 see intliWtlual see intliAtlual 53601 ]3) T,8p00sf-EMP Plan Check item schetlule item schetluk 53602 53603 53600 ]4) TI, 12,000sf- Structural Plan Check sq. ft. 0.28 0.29 51601 ]5) T, 12,00]elf -Structural Imp sq. ft. O09 OA9 51602 ]6) T, 12,O00 sf-EMPlnsp see intlivd-I see intliWtlual item whetluk item schetlule 51603 51604 see intliAdual zee intlivd-I 53601 ]]) TI, 12,000sf-EMP Plan Check item schetlule item schedule 53602 53603 536UO ]8) TI, 20,000sf- Structural Plan Check as. ft. 0.21 022 51601 79) TI, 20,00]sf-Structural lnsp it. ft. 0.11 0.11 see intliNtlual see intliAtlual 51602 80) T1, 20,000sf-EMP last Item schedule item schedule 51603 51604 selndinmial see intliAtlual 53601 81) T,20,0004-EMPPUn Check item uhetluk item schedule 53602 53603 53600 82) Resitl.Miss (window, door etc)- Structural Plan Check flat 593.15 621.14 51601 83) Resid Miss (window, Jmq Hc)-Inspectien flat 441.47 457.67 53600 84) Comm. MM(storage card- Structural Plan CM1eck°L flat 1152.12 1194A0 51601 85) Comm. Mi:(storage wq Structurallnsp flat 620.54 643.31 51602 86) Comm. MM(storage card - EMPlnsp zee intliWtlual zee intlivd-I item schetlule item schetlule 51603 51604 75A&a2-33 3.67% ADOPTED PROPOSED REVENUE Fy 19-20 FY2621 ACCOUNT DEPARTMENT/MISCEUANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PIANNINGB BUILDING AGENCY 53601 87) Comm.Mlsc(storagersaco EMP PHn CM1eck see inlmdual see individual item uM1etluk item schedule 53602 53603 53600 88) Commercial Sign- Structural Plan Check hourly 230.8T 239.34 51601 89) CommerclalSign- Structural map hourly 166.53 12264 see individual see individual 51602 90) CommerclalSign- EMPlnsp item schedule item schedule 51603 51604 see individual see individual 53601 91) Commercai Sign-EMP Plan Check item schedule item schedule 53602 53603 53600 92) Residential Re - road - Structural Plan Checkb hourly 230.87 239.34 51601 93) Residential Re -roof - Structural map hourly 166.53 17264 53600 94) Commercial Re -roof- Structural Plan Check b hourly 230.87 239.34 51601 95) Commercial Re -roof -Structural lrtsp hourly 166.53 17264 53600 96) Demolition -Structural Plan Check hourly 230.87 239.34 51601 97) DemolitionStructuralmap hourly 166.53 17264 51602 98) Demolition - EMPlnsp see intliWtlual see individualitem uM1etluk item schedule 51603 51604 53601 99) Demolition -EMP Plan Check see intliNtlual see intramural item schedule item schrouk 53602 53603 53600 100) AGO at Tl and Se6mk Reinforcement- Structural Plan Check sq. ff. 0.57 0.59 51601 101) 403 at Tl and Seismic Reinforcement- Structural map sq. ff. OAS OAT 53601 102) 403 sf Tl and Seismic Reinforcement- EMP Plan Check see iacirouk see individual item uM1etluk item uM1etluk 5360 536033 53600 103) Seismic Reinforcement Only sq. ff. 53600 1M) ParkinglnG 20orfewer5paces Restriping- Structural Plan Check per space 2.26 2.34 51601 105) Parking Lot 20orfewersiames Reatriping-Inspection per space 2.26 2.34 53600 106) Parkinglart->20spaces Resurface- StruluralPlan CM1xk per space 226 2.34 51601 107) Parking Lot->Nlspacessf Resurtrra, map Per space 2.26 2.34 51601 IM) Minimum Fee -Inspection flat 166.53 12264 51602 51603 51604 53600 109) Minimum Fee -Plan Check hourly min 1/2 hr 23OR 239.34 53601 53602 53603 51601 110) Re -inspection hourly 166.53 172.M 51602 51603 51604 53600 111) Prelim Plan Check Reuitnu-per hour a hourly 23OR 239.34 53601 53602 53603 53600 112) Energy PC-4p00 sf. sq. ff. 0.10 0.10 53600 113) Energy PC-8p00sf sq. ff. 0.10 0.10 53600 114) Accessibility PC-A000sf- Structural Plan Check sq. ff. 0.17 0.18 51601 115) Accessibility PC-44OCsf-Inspection sq. ff. OOE OAR 53600 116) Accessibility PC-8p00sf- Structural Plan Check sq. ff. 0.10 0.10 51601 117) Accessibility PC-8p00sf-Insprabn sq. ff. OA5 OAS 53600 118) Chun, of Use deposit 843.57 874.53 75AA-34 3.67% ADOPTED PROPOSED REVENUE 1Y19.20 Fy20-21 ACCOUNT DEPAIMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING & BUILDING AGENCY 53600 119) Code Modification -simple flat 921.25 955.06 53601 53602 53603 53600 120) Cotle Motlification-moderate flat 1,842.52 1,910.14 53601 53602 53603 53600 121) Cotle Motlification-mmph flat 3,685.06 3,820.30 53601 53602 53603 53600 122) NOCeeofVbbtbn-StrumumlPbn CM1eck New hourly 230.87 239.34 51601 123) Permit ssuance Fee -EMP and Misc. Building flat 57.20 59.30 51602 51603 51604 51601 124) PermitissuanerFee-Residential and Non Residential flat 152.55 ISSAS 51600 125) Permitlssuance Fee-GeneralPan Updatesurcharge 8 fat 22.95 23.79 51601 126) Permit Renewal/Fatensbn Fee flat 83.27 86.33 51602 )per Permit renewed! or asteidel) 51603 51604 51601 127a) Residential PM1otovottak System)1kW W 15kW) fat 450.00 450.00 PluseaM1 additional kW over 1510W each 15.00 15.00 127b) Residential Thermal Systems)1kwth W10 kWth) flat 450.00 451 Plus exM1 additional kWth over l0kW[M1 each 15.00 15.00 127c) Commercal Rooftop Solar UPW W SFIkW) flat 1p00.00 1,ow.W Plus exM1 additional kW over 501kW up W 250 kW conch 2.00 7.00 Plus exM1 additional kW over 250W each 5.00 5.00 127d) Commercial Thermal Systems(IIMh up W 3CkVVUq fat 1,000.00 1,000.00 Plus such additional kWth between 30kW1M1 up W 260kMh reach 7.00 ]AO Plus exM1 additional kWth over 260M each 5.00 SAO 53600 128) Soar Panel- StruRuralPan CM1xk hourly 230.82 239.34 51601 129) Soar Panel-Inspatbn Residential flat 340.09 352.57 51601 130) Solar Panel- Inspection Commercial flat 102427 1,062.48 51601 131) Field Plan CM1xk-subjeRto field Structural Plan Check hourly 166.54 172.65 53600 132) Cell Tower- StruRuralPan CM1xk hourly 230.87 239.34 53600 133) Deferred Submittal- StructuralPlan CM1xk hourly 230.87 239.34 53600 134) Rooftopequipment Stru mulPlan CM1xk many 230.87 239.34 53600 135) Equipment Changeout StruRuralPlan CM1xk hourly min 1/2 M1r 230.87 239.34 53600 136) Dust CARERing- Structural Plan Check hourly 230.87 239.34 53600 137) AMce/Bebw Ground Tank- Structural Plan Check hourly 230.87 239.34 53600 139) Trash Encb5ures- StructualPlan CM1xk flat 230.87 239.34 53600 IN) Lighting Stantlards- Structural Plan Check hourly min 1/2 M1r 230.87 239.34 51601 140) Lighting Standards -Inspection hourly 166.53 17264 53600 141) Pedestrian Protection - Structural Plan CM1xk hourly min 112 fir 230.87 239.34 51601 142) Pedestrian PromotionImprecationhourly min 2M1r 165.53 17264 53600 143) Security Card Reader -Structural Plan CM1xk hourly min 1/2 fir 230.87 239.34 53600 1,14) Fire Damage Repair,Structural-Plan Check hourly 230.82 239.34 51601 145) CerCrfkateof Occupancy inspection flat 59.56 61.75 51601 146) Temporary Certificate of Occupanry flat 501.13 519.52 53600 147) Rer¢ion- Structural Plan CM1xk `L hourly min 1/2 fir 230.87 239.34 53601 148) R-Mon-EMPPlan CM1xk hourly min 112 fir 230.87 239.34 53602 53603 51601 149) Seceded Inspection hourly 165.53 1726t 51602 75AA-35 3.67% REVENUE ADOPTED PROPOSED FY 19-20 FY20-21 ACCOUNT OEPARIMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING& BUILDING AGENCY 51601 ISO) Relocation Inspections Main buildingor structure GCM1 507.00 525.61 Accessorystructure GCM1 100.57 1W.26 Inspection for structures brated outsideof the City Per Mile 0.99 ID3 Traieltime Per Four 100.57 104.26 53600 151) MLsc.Nan-resid. Structures: 200 sf Patin CoverStructuralsq.ft. OAS OAT Plan Check 51601 152) Mist. Non Resk. Structures: 200 sf Patb Cover -Structural lnsp sq.ft. CAI OA3 51602 153) Mist. Non Resid.5tructures: 2CC5f Patb Cover-EMPlnsp see individual al item schedule item scM1 Mule barnsc schedule 51603 51604 57600 154) Accelerated Plan Check Fee hourly 142.96 153.39 51601 155) Appeals Each 1402A2 1,458.66 The fee for an appeamf a rulmg0f me Building Offkial to the Planning Commission (SAMCSxtbn 806254) shall m payable at the time of filing of the appeal. 51601 156) Change of incorrect address Each Permit 68.70 71.22 51601 157) Change of owner 0r contractor Each Permit 68.70 71.22 51601 158) Fkntl plain construction standardsvariances GCM1 303.73 314.89 51601 159) Expedited copy request Per Four 68.70 71.22 51601 1W) Penalty Fe in addition W investiagation fee and Permit fee flat 252.69 261.96 51602 51603 51611 51604 51606 51601 161) Vbbtbn/Investigation Fees Per Four 10.57 1b1.26 51602 51603 51611 51604 51606 53513 162) OCFAAdministrmive Processing Fee Each 15.00 15.00 51601 163) Microfilm Records Each She. 3.91 4.05 51630 Fireworks Stand Inspections Per Booth 31.30 32.45 16A) Refunds 48.08 49.84 Upon written request from the permittee, refunds of permit fees may made Wthe permidoe in an amount equal t080% of the permitfee, exclusive of the plan check and Issuance fee: anent that no permit fees shall m refumetl under any of the folbwing circumstances: (1) 18]danhaeopsedfmmmedateofineissuance of me permit )2) inspecons hav en pedormed theBuiamg Safety DrAskyn Ifapermitha beenissuedforaprojectlocatedinanarea outside of the jurisdktbn of the C'M. 10]%of the permit and plan chmkhe may be refundetl. If a permit haz been erroneously hamed, 100% of the Permit and plan check fee maybe refunded. If a plan check fee has been paitl and the plan 6 withdrawn by the applicant prior Wthe plan check, refunds of plan check fees maybe made to the permittee in an amount equal to IODM of the plan check fee in excess of $49.84 pak. In no other case may any plan check fees be refunded. Waiver of Fee No Permit or plan check fees repriced by this resolution will m charged for public improvement projects performed W construction contractors and subcontractors pursuant to contract with the City of Santa Ana or the Community Rederebpment Agency of the City of Santa Ana nor for any work Performed W employees of the City in the course of their empbyment. Fbwmeq this fee wafrer does not exempt any party from obtaining permit for such work nor exempt such parry from conforming W the procedures establided by the City nor from compliance with all applicable City and State ordinances emulatingmmuldting such work Note: The mNmeforPkn Ch kwbviryhos nmduce Wmfkr f.RU t mrrtmcisemu sondoveT emeusedmcmnpkleopnnbnofwdviy. e Notdlr f gac viliesre wmpbnchec, Molend and creentstrucNre design wldbetiedwbingfwiw. NThisserncewillbecMrWmiidlioldepmitaMmendar dbyhorlymR `L These sernces were reodwohd ocrossfee areas as ard overheard! m Up to 10 mckr, Each ondidonolmck will he charged of $1 ,83 each. 12.38 12.83 `I Hourly ones will he clwrged offer me mirtimwn is met, if costumed, O This revenue is eormmketico me Cement Pion behade, and is roniwluded in new room se Mraft Unh Maddy: Unit 75A*72-36 3.67% REVENUE ACCOUNT DEPARTMENT/MISCELIANEDIS FEE DR SERVICE UNIT ADOPTED Fy 1420 FEES PROPOSED F(20-21 FEES SECTION I% PLANNING& BUILDING AGENCY 5edon n Aflpimchecksemcesmfk tonini iFJustuarec . A1diho7mwerewiYbecbaro houdybosis.AnyuniquepioncMkmisFeclinn MatdoesnIXmochoseMi cotegary WflM created on on Mudy berms, 51603 ElMrical Fees 165) Permit ssuance 11.20 19.30 51603 166) Minimum Fee(Nonreskential) 76.26 79.06 53601 167) Electrical Plan Check Fee (when required) 65%of Subtotal 65%of Subtotal 51603 168) 125 Val: Receptacle Outlets 131 137 51603 169) Ugbt Switch , Contour, Sensors 1.64 1.70 51603 120) Ugbt Futures IL9 1.13 51603 121) Air Cond'¢bners, Heat Pumps 10]]tl 104.40 51603 122) Factory Wired Unis)Solid Hook Il 25.76 26.71 51603 123) Dedicated! Circuits)15 or 20 AMP Receptacles) 25.76 26.71 51603 174) Time Clock, PbataCell, Time Switch 12.57 13.03 51603 125) Track -Light, Cable Tray Special Raceway, Plugmold, Under -Floor Duct, Plug -In BuswWs, Wiremold, Etc. Each 100 R. Sewoo MHeq Baser Mader, Subpanel, SwihbMard, Motor or Unction thereof Control Center,Transfer Switch, Busduct, or other Distribution Equipment changes or modifications. 25.76 26.71 51603 176) Under 400 amperes 55.37 57.40 51603 177) AO] amperes to 11% amperes 150.97 156.51 51603 178) 1200 amperes and over Mots, Transformer, Welder Industrial Equipment, Olen, RMibe, Generator Surge Arrestor, Water Heater, PhotavottaR Panel or other PowerEquipment. 251.56 26O]9 51603 IA) OW 1 HP, ON or kVA 3.70 3.84 51603 180) Cver Ito 10 HP, kW or WA 24.20 25.09 51603 181) Over 10W 50 HP, ON or EVA 48.02 49.78 51603 182) Over SO W 100 HP, ON or EVA 109.06 113.06 51603 51603 183) Over 100 to 500 HP, kW or WA 181) Over SOO HP, kW or EVA Low Voltage :phone, data under, speak, thermostat, door holder, dmrbell, pull station, smoke defector, alarm deuce, card recede, adc. 156.70 195.74 162.A5 202.92 51603 Commercial 185) FIRST 10 devices, or outlets 35.21 36.50 51603 186) Add¢anal Devices 3.33 3A5 51603 187) Each control U-mi,paxer supply annunciator switch or auxifary equipment 16.77 17.39 51603 Residential: 18.9) Single Deelling Unit 38.16 39.56 51603 189) Each Additional dfelling unit (2-20) 33.57 34.80 51603 1%) Each additional Unit(Wer 20) 2049 21.24 51603 Miscellaneous: 191) Ught Standard(Pole) with one fixture 25.27 26.72 51603 192) Additional Fixtures -Same Pole 51603 193) Poser Pole)Tempormy) 107.11 111A1 51603 194) Additional Dktributan Poles 25.77 26.72 51603 195 Swimming Poal,Sa, Fountain 125.81 130A6 51603 1%) Abose Ground Spa 54.37 56.37 51603 197) Demolition 50.36 52.21 51653 198) Signs &Neon/LED Decorative lighting (refundable hand) 78.08 80.95 5.03 New or Total Rewire for Single Family Dwellines: 193) SIT, Rpersquare foot) so `: 0.15 0.1S 75AA-37 3.67% REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT ADOPTED Fy 19-20 FEES PROPOSED FY2O21 FEES SECTION I% PLANNING& BUILDING AGENCY 51603 200) Garage filer square Tom) sq.f. 0.15 0.16 51603 201) Temporary ElxMOl Service, Priorto approval or Each MHer O¢upana, )30 Days) At the time of appf the for temporary Rowe, the owner shall post a$1,030 cash or cashier's check conforming W the Santa Ana Municipal Came Section 8-1768 for each service under. This deposit shall be released upon request after the CertRicateof Completionor CertRkateof Occupancyisissu d. 253.66 262.W 51604 Mechanical Fees 202) Permit ssuance Fee 57.20 59.30 51604 203) Minimum Fee (Nonresidential) 76.26 29.06 53603 204) Stand Alone Mechanical Plan Check 65%of Subtotal 65%of Subtotal 51604 Furnace including ducts & vents Leah] 205) Up to 1OGOW BTU 68.16 70.66 51604 206) Over 100p000TU 97.25 100.82 51604 207) Furnace/Compressor Combo (Residential) 131.87 136.71 51604 Each Compressor. Boiler or Heat Pump Loackaged or split system) 20.9) Up to S HP 93.73 97.17 51604 205) Carer 5W 30 HP 11209 116.19 51604 210) Over SO SO HP 140.10 145.24 51604 211) Over 50 HP 150.97 156.51 51604 2II) VAV Box upto 2,000 CFM 46.25 47.95 51604 213) VAV Box Over 2,000 CFM 68.14 70.64 51604 214) Air Handling Unit Up W 2p00 CFM 46.25 42.95 51604 215) Air Handling Unit Over 2,0C CFM 68.14 70.64 51604 Miscellaneous 216) Outdoor Dual Package Hesting/Ccoling 117.0 122.03 51604 217) Wall Heater 68.14 70.64 51604 218) Unit Heater 67.44 69.92 51604 219) Suspended Heater 60.41 62.63 51604 220) Decorative Fireplace)Wacd or Gas) 60.41 62.63 51604 221) Clothes Dryer (Residential) 41.92 43.46 51604 222) CbtM1es Dryer(Commercal) 56.63 58.71 51604 223) Any Alteration, Repair or Addition W a Ventilation System)per system unit) 45.33 46.99 51604 224) Vent System (Not Part of an MAC System) 63.80 66.14 51604 225) Type l M1rod with Duct &Fan 117.0 122.00 51604 226) Type II M1md with Duct & Fan 68.14 70.64 51604 222) Environmental Air Fan (Residential or Commercial) 36.59 37.93 51604 228) Laundry Fan (Environmental air) 36.21 37.54 51604 229) Bathroom/Aectrmm Fan 31.72 32.88 51604 2W) Range Hind(Residential) 33.57 34.80 51604 231) Commercial Vent Fan 45.33 46.99 51604 232) Fan Coil 59.03 61.20 51604 233 Evaporative Cooler 68.14 20.64 51604 234) Gas Piping (Incidental) 23.26 24.11 51604 235) Fire Damper 68.14 70.64 51604 236) Install/Repair/Aepace Appliance Vent 68.14 70.64 51604 237) Product Conveying System(Fammaba Vapors, Fumes, Smoke, Heat) 195.74 202.92 5160 239) Dust Collection System 195.74 202.92 75"-38 3.67% REVENUE ACCOUNT DEPARIHWENT/MISCELLANEOUS FEE OR SERVICE UNIT ADOPTED FV 19-20 FEES PROPOSED Fy2O21 FEES SECTION I% PLANNING& BUILDING AGENCY 51604 239) Appliance Not Listed 68.14 70.64 51604 240) System Not Listed (Hear, Smoke Eva, Crematory Etc) 195.74 202.92 51604 Absorption System 241 Up to 1,000,0000TU 81.35 84.34 51604 242) 1,000,001 to 1,750,0000M 115.65 119.89 51604 243) 1,750,001 and over 195.74 202.92 51604 2") Commercal Cooking Equipment pOaeens/Fryers/Etc) 4A51 46.14 51604 245) Condensate Pump 33.24 34,46 51604 246) Kiln<20cubk pest includes Road and duct) 68.64 71.16 51604 247) Air Compressor)emb includes piping) 68.64 71.16 51604 248) Curling Tower 68.64 71.16 51604 249) Heat Exchanger 62.91 65.22 51604 250) Electrostatic Prxipitaer 40.61 42.10 51604 251) Vacuum Cleaner System (Residential) 68.64 71.16 51604 252) Humidifier 40.67 42.16 51604 253) Duct Heater 68.64 71.16 51604 254) Wood Sawdust System 147.47 152.89 51604 255) Incinerator (Residential) 45.76 4I.44 51604 256) Incinerator pCommercal) 195.74 202.92 51602 Plumbine Fees 257) Permit ssuance Fee 57.20 59.30 51602 258) Minimum Fee (Nonresidential) 76.26 79.06 53602 259) Stand Alone Plumbing Pan Check Fee 65%of Subtotal 65%of Subtotal 51602 F urea, 2W) Water Cbset 14.78 15.32 51602 261) Urinal 11.30 11.71 51602 262) Tub/Sbower 23.12 23.97 51602 263) Wbirlrywl Tub 23.12 23.97 51602 264) Sinks 13.20 13.68 51602 265) Cb[bes Wasber 14.52 15.05 51602 266) Disbwasber 12.44 12.90 51602 267) Garbage Disposal 11.08 11.49 51602 20) Floor Sink 16.I7 17.39 51602 265) Floor Drain 16.77 17.39 51602 270) Drinking Fountain 9.30 9.64 51602 271) Cap Future 722 7A8 51602 Sewer. 272) New Seaer(First 100 Feet) 67.13 69.59 51602 273) Add'¢bnalSexer Connection 23.12 23.97 51602 274) Each Additional 100 Feetof Sewer 23.12 23.97 51602 275) Repair/Aker Sewer 46.25 47.95 51602 276) Private Sewage Disposal System TWAT 145.24 51602 277) Cessgwl 68.14 70.64 51602 1 278) Cap Sewer 103.84 107.15 5.02 Gas 1 279) New Gas System IT-4 outlets) 4625 1 47.91 75"-39 3.67% REVENUE ACCOUNT OEPARUAENT/MISCELLANEOUS FEE OR SERVICE UNIT ADOPTED FY 1920 FEES PROPOSED FY2O21 FEES SECTION I% PLANNING& BUILDING AGENCY 51602 280) Additional Gas Outlet (each) 7.34 7.61 51602 281) EMtentl/Altef Gas System 68.14 70.64 51602 282) Repair Gas Piping 46.25 47.95 51602 283) Cap Gas Outlet 820 9.12 51602 Swimming Paris: 284) Pool Trap 23.12 23.97 51602 285) Pool Heater 75.50 78.27 51602 286) Pool Piping 46.25 47.95 51602 Miscellaneous: 287) Water Hastert (Residential up W 50 game) 23.12 23.97 51602 288) Water Heater (Commercial up to 50 game) 23.12 23.97 51602 289) Water Humer(Res/Gomm carer 50 galme) 94.86 98.34 51602 2%) Water Heater (Tankkss) 68.14 70.64 51602 291) Water Service hnsch 100 fc.) 46.25 47.95 51602 292) Water Piping )eac6100 fed) 46.25 47.95 51602 293) Repipe(Residental- Each 100 Fed) 46.25 47.95 51602 2%) Primary/Secondary Roof Drain(per sd) 46.25 47.95 51602 295) Deck/Area Drain 10.00 10.37 51602 2%) Rainwater System 46.25 47.95 51602 297) Rainwater Piping (buried) 22.51 23.34 51602 298) Storm Drains 29.73 30.82 51602 293) Water Softener(Residential) 23.12 23.97 51602 300) Water Softener (Commercial) 46.25 47.95 51602 301) Uwn Sprinkler (Each) 10.56 10.95 51602 302) BxUbw Presenter (Less than 2 inches) 23.12 23.97 51602 303) Bxdbw Presenter)2 inches and bigger) 46.25 47.95 51602 304) Vacuum Breakers(1. 5) 21.13 21.91 51602 305) Vacuum Breakers)OVa S-each) 6A4 6.26 51602 305) Fbse Bib with Vacuum Breaker 16.08 16.67 51602 302) Gress,/Waste Interceptor 39.03 40.46 51602 3M) Dental Unit 33.57 34.80 51602 305) Medical Gas Piping (Fire Department) 46.25 42.95 51602 310) Alterman to Drain or Vent Piping 46.25 47.95 51602 311) Appliance nor isted 68.14 70.64 51602 312) Sewage Ejector 68.14 70.64 51602 313) Sump Pump 68.14 20.64 51602 314) plot Water Storage Tank 31.66 32.82 51602 315) Heat Exchanger 59.90 62.10 51602 316) Cooling Tower 68.14 70.64 51602 312) Booster Pumps 36.90 38.25 51602 318) Fireline/Hydrant(Each 100 Feet) 46.25 47.95 51602 119) Temporary Gas Mefeq Prim -Po approval =acn.E Or OapaMy)3ODays) At the time of application for temporary power, the owner shall past a$1,030 cash or cashier's check conforming W the SanGAna Municipal Code Section 8-1T68 for each service miler. ThisdepasRshall Imreleased upon requestaRerthe CertRicateof Completionor CertRka[eof Occupancyaissued. PIPELINE PROJECT FEES PER RESOLUTION NO.2003-018 253.65 262.97 75"-40 3.67% ADOPTED PROPOSED REVENUE TV 1430 FV3O31 ACCOUNT DEPAMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING & BUILDING AGENCY GENERAL PROVISIONS Unless of rravise prooire0, payment of fees and charges as established herein shall be made to the Emcutfre Director of the Planning and Building Agency or ha/her authorizetl representative at the time of initial application or request or the permit or service for whim a fee is charged or impasea. No permit shall be issued to any pecan, firm or corporation unless all fees therefore have been din full. `� Ber4- RiWNOi • Owl - 1he a` -11 1 BAB Digs 51601 SPECIAL INVESTIGATION FEE 100.57 104.26 51602 51603 A spacial investigation fee sha ll be charged by the Building 51611 Official for any investigation of a building structural-1, 51604 reports, certReati n, or any other related wod requested by 51606 an camer or M1a authorized! agent Said fee shall the assessed in an amount sufficient to reimburse the City for the casts actually incurred by the City based upon a rate of$10426 Per hour but in no case shall the less than$104.26. 51601 WO4PAON(WYfWIGHONfigt fwI fwal 51602 51603 51611 51604 51606 51601 PiNALWiiK 23}G9 a,r P, 51602 51603 51611 51604 fv�s�.'4kv�nu'-�wti---aFJc+ri"'T:e 51606 51601 4WiWiWfARKRigYEbi ReWwr G&1O 3tFF 51601 ue—n c.,— n, iLe lc0.al 240001001- z4D1s D.Reaee Deledefee Delete fee Delete fee Delete fee 75"-41 3.67% REVENUE ADOPTED PROPOSED TV 19-20 N20-21 ACCOUNT DEPARUAENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING& BUILDING AGENCY 51601 LWOo,, sa, leecc.Y@ON Sasn uAxcAgccuAwAxca dB2.Z4 51601 APPiNL Erin ea is t4 LB La I,R 51601 RilOWibMJM6PKT10Mb "--- ss -- 4-'4, Fasp ieo.sa iQU al uarx.p�e PacXw[ q,yp .1max R.ea .1a4.x 53600 APPYLOiIOMAROCiKIN1 re, wAu 1-1-au, 1.1 51601 OSHPD CERTIFICATION FEE 53600 Whene✓er plans are submitted for the construction of spttializetl medical clinks which require by law certification of compliance with requirements set ortn W the Office of Statewide Heahn Planning and Development (OSHPIl3 certfficationd, a building Permit fee will be paid totM1e Building Official equivalent to 1%of the construction valuation. An additional plan cM1xkfee equivakntto.65%ofthe con truction valuation will be Raid totM1e Building Official atthe time plansaresubmiDedfor pencM1xk TM1¢feedoesnotprxlulectM1er applkabk heswM1eM1 are normallyassessed by[M1e City. 51601 MICROHlA6ASLOROC 5 kapeeE •,,,tee;:_..:__.__ __._.__. __.._..__...____. d.9B 4.84 53600 RESEARCH AND PROCESSING FEES (ALTERNATE MATERIALS/MODIFICATIONS) 53602 53601 Whene✓erthe Ouilding Official 6 recrestetl to approve Each 303.74 314.89 53603 alternatemateriak or methods of construction in accordance with the Building Code, Plumbing Core, Mechanical Code or the Administrative Code provisions for the ElMrical Core. Whermeor the Building Official is requested to approve a GCM1 303.74 314.89 uncritical of code in acordance with the Building Code, Plumbing Cale, Meonanical Code or the Administrative Cade Provisions for the Electrical Code. 53600 LW�iAWNCXEIX SPECIAL INSPECTOR REGISTRATION FEE Each 100.57 104.26 Inspection The fee for registration of special inspectors in accordance Specialty with Section &IM of the Santa Ana Municipal Core. 53100 BUILDING PLAN CHECK FEE FOR IDENTICAL, 1 RESIDENTIAL R-3, WITH DETACHED OR ATTACHED Deletefee oelnefee DrRaef,e oenefee onnefee Delnef[e 75k-2-42 3.67% ADOPTED PROPOSED REVENUE FY 1420 FV20-21 ACCOUNT DEPARTMENT/MISCELIANEDUS FEE OR SERVICE UNIT FEES FEES SECTION I% MANNING& BUILDING AGENCY GARAGES: Matlels Only IM% All other identical plans 50% 53602 ELECTRICAL, PLUMBING AND MECHANICAL PUN 53601 CHECK FEE FOR IDENTICAL, RESIDENTIAL R-3, 53603 WITH DETACHED OR ATTACHED GARAGES: Mantels Only 100% All other identical pla ns SON 51601 CXANGFN1WRRi1A—.1. G&.*O 3i.F2 51601 -h s—t G&.*B 34F2 09001001- MWICFOFYWLAHOMAN4 2W15 MO7JCFMIGORGiR9ONGi gmu,, e- _ __. _ ___ 57600 atcEURAuaawucNicNuc aer-Ila«r uuaawucugcKug oRN�Ha«r - - _. &s3d9 aaa.x 5360E PRELIMINARY RWIEW OF BUILDING Minimum Fee Per H ou, 100J 104.26 STANOARDSCOMPLIANCE 09801001- SIGNS 2E015 When a permit 6 requiretl for an illuminated or non-illuminatetl sign, the owner shall provide the City a rash or surely bond as described in Section &1768 through &1771 of the Santa Ana Municipal Corte. The amount of the bond shall be established by the Entitling Official, but shall not be less than$20 per aaerees. 51601 gPauwcocE-F�a SO Id Q. 51601 9YNGWCCWG a nce<«Rl "ar_..._.___..::.____ __::__.:__.___.,., aQox Aacg AaA, 51601 11601 YMGiRGROYM0.WM&AWWYAL upawwWYiau. 51601 �acuguwc ww>tALwuouigc "� Ssez en'Q ",We xc.a� ux zzag nag ONete TK D.me DNne Tee DNete Tee oNneke DNne. oNeaf,a ONete fee nNneae Dekaeh 75"-43 3.67% REVENUE ACCOUNT OEVARUAENT/MISCELLANEOUS FEE OR SERVICE UNIT ADOPTED TV 1430 FEES PROPOSED FV3631 FEES SECTION I% PUNNING& BUILDING AGENCY ., ':"gip. �501RQ% $EB,Bi1.BBiB$WgBP0 $109,OOABB pQQ,QQU ee.saxmpie ;iW,000.00 d91.29 628.44 4Ba65 $6BL,OBB�OO� �`.i:sFPSC^fin RiexaljlpOB $iAWs]BAO pi�BW�24,O6ANPLR �a9&NenaL 3BYA]8 a.�-w«� aaa.sx aaax 51601 -� w-w«� aao.sa aea.x 51601 1) . .. . .._ :.. �001y _Sga,K 53600 ae,-w«. asa.sx IQ4 51603 GiQRIWCWG 5xpnerwe D.G. eAaa 51603 rscscNiculc Aec �e'vri• Jim C033 4i.Li 51603 �xp 51603 '�aa.`A --r.r,� 6asU 5iIM1 §iF4 51603 Fash 122, id3§ 51603 6ispi94 x id.�"K i3.3i 51603 Delve ire Delve Fee Dene Fee Deity Fee DetrIe Fee Define Tee D..fee D.l fee Delve iee Delve Fee Oeltei 75"-44 3.67% REVENUE ACCOUNT OEVARUAENT/MISCELLANEOUS FEE OR SERVICE UNIT ADOPTED FV 1430 FEES PROPOSED N20-21 FEES SECTION I% PUNNING& BUILDING AGENCY �swpanq FasM1 iJ.36 iJ.98 51603 51603 VQ— _ _ _ __ _ __ FaspHe[e� Fad Wt dea.sx 19,z tQ, 2w19 eL.w 51603 9) a..... ffa-t�'."sA'.w-.sta.: 6asM1 W t 4i.Gf 51603 - --' `- -.a ..... Fash 8&8F W 9 51603 -pa': 6asM1 2&GB 29. 51603 c.,wcek is w aaaa 51603 1$'--Te^i✓--'^r^�^-"-1 Ell ___ 9�. :,'a—. tlt,a .tax. 51603 gacAA6Xe� gga.cc zuax ��:.: gasp qxp �aac qeq .1gaa g.sx 51603 fiasb IQ IQ. 51603 tea1-1-a-.:R`---. AeWaem id.F6 id35 51603 ro: .._.. _ ...ff— _. ,_ , .. BD't qua 51603 IQ) .—'.i, geWajeG lot lele 51603 PecXaur tw, d4e.26 51603 Rx-Ikur iOMi i00.X Delmer¢¢ Delete Tee Dekte Tee Dekfefee Delnefee Dektefee Dine Tee Detefefee Delete Tee Dekfefee Oekfe lee oekfe fet DeeteTee Delete fee Delnefee nenefe, 75A3s2-45 3.67% REVENUE ACCOUNT OEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT ADOPTED FV1430 FEES PROPOSED Fy3631 FEES SECTION I% MANNING& BUILDING AGENCY �: `..w:7 53601 Rn-Nwr ELECTRICAL PLAN CHECK FEB Whenever electrical plans are ra,mratl by the Building Official, plan check fees shall be 65%of the electrical permit fee and shall he paid st the time of submitting plans. i9a.3Z W4.a, 51604 MiCXA1NWWOG s ane<«�u ems, 4RQ la. as c, ai.4s s16o4 4ssscxgouLs s w as Q acax 51604 HGr s&iO si.M 51604 Sash 696B 62.8a 51604 _.Bk .:: .:___...___.:___.__.._._ Sash 69,40 62Ea 51604 Fash Id.ei 262i 51604 1z-1 �pssrplt__ __ — _..�g:,,y iB].51 lQ421 51604 ,,-)psr-sew•,, •,,_._ _.�.�.�'-r`--.•., HGr ai a I I 51604 °e)—[a---- """-v -' ". w-. -- sc'a,0994c. Fash El s 15A% 363 51604 Fash WE 62 Ea 51604 +=Q) t'..xL:m^Y-•:___.�__a__v__.^__ 51604 Sash 2iQ8 2G32 51604 2) s--aN'sf-F'ess Fash 2598 162 51604 Fash Ewa 22 a 24.59 51604 ., -.l_:_.. ,,_. ___. __.,..__,_____.:_: Sash `— ySU 6ag2 51604 •` °a, ".. ss s•.: FasA 2iB8 111 oeletefe, Oektefe Deists. DuArmfee neEntefee oelnefee oeMtef- Dramcfes oeletefe, oeMtefe, oeltte fee oeletefee oeletefss heats fee oeletef- oelmk oeEmef,e 75k-2-46 3.67% REVENUE ACCOUNT DEPARTMENT/MISCELIANEOUS FEE OR SERVICE UNIT ADOPTED FY 1430 FEES PROPOSE0 FV3631 FEES SECTION I% PIANNINGB BUILDING AGENCY I_) Ass ._ ..: ffs.. _.__ . is Ass, s s,---' wee..' 5160a t1) ' w -I sstsl-- Saab G&i3 s, 5160a _._.___.:.____:__.._.1______ 24.3� 51604 23AF 2" 51604 aaa.: Saab 340% 2I 51604 2D) 11 s:4 L;, Sxb d`,Q I 51604 "` spp-- ss. ss.sR s, sis's-- Saab IaQ A,i i 51604 Saab "T ssss ��--I'",-..-r :aala:"I's) `a Q 111 51604 Farb 3iP8 2G33 51604 "` a-,----s F -µ-.gz'is,.a.— Sa soZ iw a, 51606 Saab oaf "ex sys's ^ ga.a^irv-psh ''as"..ar-ss :.4^efia.i E 'ffs,a Ga LLm.--sis a< dB23Z dw a, 51604 Saab %pa.aa:—ota' 2d8a II 51604 Saab --mc iw I 1QW a, 51604 29, .____.__ __...__. __ __:... __ .._., pnyeyr iw ay iO0.a, 51604 ReWaus -F dO].51 190.X 51604 RerNwr dO].51 i90.X 51604 Rer-Xaur dO].I iL. a, S1b0L MECHANICAL PLAN CHECK FEES Wbemsear mechanical plans are res,mrad N the Building Official, plan check fees shall be 65%of the mechanical Permit Use and shall be paid st the time of submitting plans. PLYAIYWffGDG Saala?xn 4&B8 49.H4 oelnefe, Delnefc, Deletefec Deletefn oelnefe, Deletefe, oelnefee oelnefss Deletef e D..f- Delete fee Dekte fee Delete fee D.afee Detrtefee Dekte fee 75"-47 3.67% REVENUE ACCOUNT OEVARUAENT/MISCELLANEOUS FEE OR SERVICE UNIT ADOPTED FV1420 FEES PROPOSED FV2621 FEES SECTION I% PUNNING& BUILDING AGENCY 51602 fEFSCXiGLILF SasU iiAB d2.32 51602 2" 51602 "-'-'ff- w Rx-1B4 2i82 2.1 51602 r":.ff-.:m �^r^��+^% SxU a p FasU d5A8 �taa 2i82 211 aaa2 20.G9 51602 SxU 5385 35a2 51602 --p- :--F< aeA`� Sash 119 263 51602 .�—:uta.-"sss:ap FasU iO2.ii i00.X 51602 - -"'u'-�rsp FasU G.dG 459 51602 9) __. __..____:__. 51602 IQ) '-sa—a. -"'emu' -.e:a 6zU 2.F1 191 51602 - y p p 0 r SasM1 22 u 20.G9 516@ ,,, ___. ._- SasU yGG8 21.32 51602 SasP 31 'R 32.22 51602 69 G2.R3 51602 .. :. _. ._._. SasU 2d 20.G9 51602 Fash 3i35 iiA 51602 SasU 2, 20.G9 51602 mr"pnF--'..ai.: SasP 22 2" 51602 '^` ^�--.a - sAra.: FasU 8b3 848 51602 2^T:-...-.a."...s..'asN:F:::lsc;f •__________._. Sash K3S S4A2 51602 _ 22as 212z 51602 ... .. .. I222 51602 :ap HSU iiAB i232 51602 2^�sria-`a.psa'-:.s.fsf Sasp G&GB G2.92 51602 51602 iS88 i2d2 51602 22) —h _:._ •'•: 6asb 23A2 v 1 51602 Sash 2],92 20.G9 51602 Ta: sari 9-1 24Q X3Z Delve Tee Demers¢ oemeFee Delete Tee Demers¢ Delve Fee Oe eTee Delve Tee Oemeree Delve Tee D¢Iele Tee Delve Tee oeme Fee Demers¢ oeme ree Oekre lee 75A-to2-48 3.67% REVENUE ADOPTED PROPOSED FY 19T20 FY20-21 ACCOUNT DEPARTMENT/MISCELUNEOIS FEE OR SERVICE UNIT FEES FEES SECTION I% PUNNING& BUILDING AGENCY 51602 FaNiAVNer 2H%G XF9Z 51602 Per-XauF iO].i1 I, al 51602 Pav-Wur iO2.ii iL, a, 51602 am .:__ ._ ...E -b .._ :..._.._ ._. Pxyeyr iw I W. a, 51602 ReWaur iO2.i3 i,D a, PLUMBING PUN CHECK FEES Wheneyer plumbing plans are required by the Building Official, plan check fees shall be 65%of the plumbing Permit fee and shall be paid at the time of submitting plans. GRADING PERMITS 51606 Any person desiring a grading permit required bythe Building Each Permit 48A8 49.84 Code, shall, atthe time of filing an applicator, payafee of $49.34. FEE SCHEDULE 51606 1) Grading Permit: Minimum Per Hour 100.57 104.26 . One and Two S.F.D. 1 Hour E. Multiple Residential includin& Residentlaltracts, 2Hours Apartments, Condominiums, Hotels, Motel, and Similar Construction c. Non-R¢klentol Site less Than 2 Acres 3 Hours d. Non -Residential Site 20rms and More 5Hours e. Preliminary Grading Permit, Underground Tank 1Hour Removal and avaton for Soil Contamination I. EMisting Parting lot Resurfacing and Repainting IHour 51606 2) In addition W theahose noted permitfers, Minimum Sq. Ft. OAS OA5 a heshall recollected! for nexsite improvements, mew parking lots, newmncrHe curband gutter, and asphalt a 51606 3) Inspections outside of normal business hours Per Hour 100.57 104.26 (4 hour minimum charge for Holidays,Saturday or Sunday inspections). 51606 4) Ninspection fee assessed under applicable Per Hour 100.57 1W.26 provlsionsof the Building Code. 5160E 5) Inspectionsforwhkhnofeeaspxifirally Per Hour 100.57 ID4.26 indicated (minimum charge-one(1)hour) SOUR ENERGY CODE 51611 Any Person desiring a Permit required by the Solar Energy Each Permit 48.08 49,84 Code shall, atthe time of filin& pagan application, feeof $49.84. Them isno minimum fee for the k5uanceof a permitfor single family maidencesand duplexes. The minimum total fee for issuance ofa Permit for allother uses shall be$81.45. 78.57 81.45 FEE SCHEDULE 51611 1) For collectors (including related piping and regulaHngde,kes): Upto 1,000 sq. f . (93m2) 11.88 12.32 Between 1p01(93.1m) and 2,000 sq. f. U,,M) 20.13 20.8T More than 2,000 sq. f. Dgm°) 20.13 20.8T plus per 1,000 sq. f . (93m2) or fraction 2.11 2.19 thereof over 2,000 sq. f.(IfUrn) 51611 2) For storage tanks (including related piping and regulaHngdeviced: Up to750 Ilons 3m° 10.18 ID.55 Delete fee Dekfe fee Delete fee Delete fee 75A*2-49 3.67% REVENUE ADOPTED PROPOSED FY 19-2O FY20-21 ACCOUNT DEPARTNENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING& BUILDING AGENCY Between 751(3m) and 2,000 galbns 18.29 18.96 Wre than 2,000 Orn) galbns 18.29 18.96 plus per 1,000 (4m) or fraction thereof 2.11 2.19 snor2O]0 galmns 8m3 51611 3) For rock storage: Up to 1,500 an. ff. (42m3) 11.88 12.32 Between 1,501(42.1m3) and 3,000 cu. R.(84m3) 20.13 20.87 Wre than 3pO0 cu. ff.(84m) 20.13 20.87 plus per 1,O00 cu. ff.(Arn) or fraction 2.10 2.18 thereof oser 3,O00 cu. ff. (MM) 51611 4) Self -contain! xcter mater(reskential type) Each 11.88 12.32 51611 5) Water homer(mmmercial type) Each 60.61 62.83 51611 6) Heatexhanger Each 11.88 12.32 51611 ]) Water piping replacement, each TOO fed Each 23.82 24.69 51611 8) Gas piping serAce, 1-5 outlets Each 23.82 24a69 51611 9) BacUbw pr-ntbn d-re Each 11.88 12.32 51611 1O) For each appliance or piece of ayuipmentregulated Each 11.88 12.32 by this code for which no fee is listed 51611 11) Inspectbns outside of normal business hours Per Hour 10.57 101.26 (4 hour minimum charge for districts, Saturday and Sunday inspedbns) 51611 12) Re -inspection fee assessed under provisionsofthe Per Hour 100.57 104.26 Building Code 51611 13) Inspectbnsfor which no fee is spx'rfiralfy indicated Per Four 100.57 1W.26 (minimum charge -one (1) hour) 51611 14) Additional plan rerow required hyrnanges, Per Four 100.57 104.26 addlCwns, or reraionstoapproved plans (minimum charge-one(1)hour) SOLAR PUN CHECK FEES Whenever soar plans are rNuir d by the Building Official, plan check fers shall he 65% of the soar Permit fee and shall be Paid at the time of submitting plans. 75A*2-50 3.67% ADOPTED PROPOSED REVENUE FY 19-20 FY 20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNO FEES FEES SECTION POLICE DEPARTMENT 51001 Bingo License Fee Each 60.24 62.45 51401 Alarm User Permit Commercial & Residential Per Year 36.14 37.47 53413 False Alarm Services (Code 459) Burglary Calls Commercial & Residential Per Incident 1st Incident NOCharge No Charge 2nd Incident 88.42 91.67 3rd Incident 117,89 122.22 4M Incident 147.36 152.77 5M Incident 176.84 183.33 6M Incident- fee&warning of non -response 235.78 244.43 7M Incident 354.67 366.65 SM Incident- fee&placed on non -response status 471.56 488.87 33'13 False Alarms (Code 211) Robbery Calls - Residential Per Incident 1A Incident NO Charge NO Charge 2nd Incident 88.42 91.67 3rd Incident 147.36 152.77 4M Incident 206.31 213.88 SM Incident 265.26 275.00 6M Incident- fee&warning ofnon-response 324.20 336.10 7M Incident 471.56 488.87 SM Incident- fee&placed on non -response status 589.46 611.09 3413 False Alarms (Code 211) Robbery Calls - Commercial Per Incident 1st Incident 117.89 122.22 2nd Incident 147.36 152.77 3rd Incident 206.31 213.88 4M Incident 265.26 275.00 SM Incident 324.20 336.10 6M Incident- fee&warning ofnon-response 383.14 397.20 7M Incident 471.56 488.87 BM Incident- fee&placed on non -response status 589.46 611.09 53419 Firearms Examination Service Fee -Outside Agencies Be sic Function Exam - per firearm 42.17 43.72 Full Function Exam -per firearm 253.01 262.30 Examination & Comparison 385.55 399.70 Examination&Comparison - Major Crime (up to 6 hours) 747.00 774.41 Hourly charge in excess of 6 hours- each additional hour 120.48 124.90 53409 Storage of Weapon Fee - per weapon 103.92 107.73 1-IL5state lawchange (AB 2431, PC12021.3): fee can be charged when am; weapon is released to an owner at gun dealer 53404 Fingerprint Fee Per Card 27.72 28.74 Cityprocessh g fee only Applicants exempted bylaw shall not pay. 99810002 Fingerprint Fee 57491 State processingfee Actual Cost Actual Cost For allfingerprinting requiring State processing, Me applicable state fee will be added to Me $25.67 City fee above. 53407 Citation Sign Off -Non-SAPD Equipment violators Per Incident Is Ds 18,73 53407 Vehicle Citation Sign Off -SAPD Per Citation 600 600 57470 Copy of Lost Citation Per Citation 2.00 2.00 57000 Driving Under Influence Cost Recovery Actual Cost ACt,, Cost Persons arrested for driving under Me influence Per Incident Up to$12,000 0o to 112,000 Pursuant to Government Code Sec. 53150 et seq. 75A*2-51 3.67% ADOPTED PROPOSED REVENUE FY 19-W FY 20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION POLICE DEPARTMENT 57000 Police Pursuits Cost Recovery Actual Cog Actual Cog Persons apprehended in police pursuits Per Incident Up to$12,000 Up to$12,000 Pursuant to Government Code Sec. 53150 et seq. 57000 Hit& Run Accident l nvestigation Actual Cog Actual Cog Persons responsible for hit and run accidents Per Incident Up to$12,000 Up to$12,000 Pursuant to Government Code Sec. 53150 at seq. 57000 Disturbing the Peace Police Service Fee Each Actual Cog Actual Cog Pursuant W S.A. Municipal Code Sec. 30-300 at seq. Up to$500 Up to$12,000 51607 Ice Crewm Truck Vendor Permits Includes one Driver/Operator Each 2Tr.11 287.28 Additional Truck Each 43.38 44.97 53419 License to Sell Pistols/Revolvers Per License 174.70 181.11 53416 Administration Citation Fee FirstViolation 120.48 124.90 Allows Animal Service Officers the rightto cite for State and Second Violation 240.97 249.81 Local Animal Law Violations Third Violation 602.42 624.53 Parking violations of Oversized and Recreational Vehicles pursuant to SAMC sec. 36-145 53405 Police Evidence Photos to CD/DVD Per set-up Each 20.00 20.00 53405 Digital Media Reproduction Each 30.12 31.23 53405 Police Evidence Tape (audio or video tape) Each 43.38 44.97 53417 Police Accident Reports Each 20.00 20.00 5M03 Search Fee (no case p) Each 10.00 10.00 53417 Police Immigration/Clearance Letters Each 20.00 20.9 53417 Police Incident Reports Per Page 0.20 0.20 Police Crime Reports Per Page 0.20 0.20 53403 Search fee (no casep Per Sea ob 10.00 Una 57000 Request to Review Criminal History Per Request 20.00 20.00 57000 Request to Review Incident Information Per Request FREE FREE 53411 Jail Pay to Stay Program fee Per Day 114.31 118.51 53420 Jail Booking Fee Per Conviction 259.04 268.55 57401 Police Security Services Commander Per Hour 94.15 97.61 Sergeant Per Hour 129.15 133.89 Police Officers Per Hour 105.52 109.39 PCO/PSO/Reseoe Per Hour 6 62.98 53410 Impound of Owner Release Animals Per Impound- 124.34 128.90 (includes 2 nights boarding charge) --County cf Ornngefre, subject tachange. 51607 Pushcart Permits Vendor/Operator Permit -kart Each' 2Tr.11 287.28 'Additional Carts/Operators Each 43.38 44.97 53400 Release of Impounded Vehicles-SAPD/TrafOc Vehicle Registration Expired Over 6 Months Each 161.18 167.10 Unlicensed/Suspended-Revoked Drivers Each 218.74 226.77 53423 Vehide Storage Fee Each 80.96 83.93 75A.*2-52 3.67% ADOPTED PROPOSED REVENUE FY 19-20 FY 20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION POLICE DEPARTMENT 57402 Solicitation Permit Per Permit 43.38 44.97 Vehicle for Hire (Taxi) Fees Driver's Permits Each 42.17 43.72 (Original, Renewal, Replacement or Duplicate) Vehicle for Hire Permit Each 174.70 181.11 Vehicle for Permit Transfer Each 7.23 7.50 57402 Reinspec0on Fee -Plan Checo,/Not Completed Minimum- 49.40 51.21 '$45.76 minimum actually employee rate. Fee to he charged when inspection is called for work not complete or corrections called far are not made. Second Hand Dealer Fee Each 85.55 88.69 53407 Equipment Violation Pursuant an SAMC Sec. Q225 Each 93.96 97.41 Proof of Correction Each 10.00 10.00 51402 Street Closure Permit p -, p -'aE 319,69 17".9 a R Small Events (One City block; less the n 100 People) Per Permit- 1994P 0.00 1-74SZ 272.12 Medium Size Events (1-2 City blocks, and less than 1,000 people) Per Permit- 0.00 816.35 Large Events (2+City blacks,intersections, or lanes ofiraffq or more than 1,000 peopled Per Permit* 0.00 2,721.15 'In the event the permitt needs to be ex edited the actual costo additonal resources will be applied. 57010 Downtown Event Litter Control Deposit Per event, up to 3 blocks 589.46 611.09 53613 Land Use Certificate Processing Fee for temporary outdoor event Per Permit 37.35 38.72 Accelerated Processing Fee Per Permit 80.73 83.69 50045 Escort Bureau, Introduction Service Establishment, and Escort Fees Program administered by Police Department Escort Bureau Permit Each 871.10 903.07 Introduction Service Permit Each 871.10 903.07 Escort Permit Each 186.75 193.60 50045 Massage Establishment/Massage Technician Fees: Program administered by Police Department Massage Establishment Permits Each 871.10 903.07 Massage Technician Permits Each 361.45 374.72 Massage Technician Testing Fee Each 180.72 187.35 Massage Technician Transfer/Duplicate Each 42.17 43.72 Massage Establishment Sa le Transfer Each 871.10 903.07 Massage Establishment Change of Location or Name Each 313.26 324.76 NOTE: Massage Establishment Permit Applicants who are also Massage Technician Permit Applicants shall only be required to pay the Massage Establishment Permit Fee. 51403 Tobacco License Fee Each 748.61 776.08 50045 Pool/Billiard Permit Fee Each 375.91 389.71 Program administered by Police Department 57402 Police Tra ining Media Reproduction Per Media 55.42 57.45 75A*2-53 3.67% ADOPTED PROPOSED REVENUE FY 19-20 FY 20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION POLICE DEPARTMENT 55000 Parking Violation: Late fee Violations with a 'base- (original) SON of base fine. 509sof base fine. fine of$100 or less:(Rounded Total delinquent Total delinquent up to the next whole dollar) fine is 150% fine is 150% of base fine. of base fine. Violations with abase'(original) 20%of base fine. 2"of base fine. fine of$100 or more:(Rounded Total delinquent Total delinquent up to the next whole dollar) fine is 120% fine is 120% of base fine. of base fine. Additional late charges will be imposed at the time an unpaid Parking Violation penalty is placed penalty is placed as a vehicle registration "hold" with DMV. The "total" Late Charge assessed will increase to: Violations with a 'base- (original) 90%of base fine. 90%of base fine. fine of $300 or less: (Rounded Total delinquent Total delinquent up to the next whole dollars fine is 190% fine is 190% of base fine. of base fine. Violations with a 'base' (original) 4"of base fine. 40%of base fine. fine of$100 or more: (Rounded Total delinquent Total delinquent up to the next whole dollar) fine is 140% fine is 140% 55000 Parking a vehicle within 300 ft. of fire Apparatus answering a fire alarm Pursuant to SAMC Sec. 3641(7) Each 58.00 58.00 55000 Permit required Special Parking District Pursuant an SAMC Sec. 36493(a) Each 48.00 48.00 55000 Parking in a red zone Pursuant WSAMC Sec. 36-131(1) Each 66.00 66.00 55000 Parking in a yellow zone Pursuant to SAMC Sec. 36-131(2) Each 48.00 48.00 55000 Parking in a white zone Pursuant to SAMC Sec. 36-131(3) Each 48.00 48.00 55000 Parking in a green zone Pursuant WSAMC Sec. 36-131(4) Each 48.00 48.00 55000 Parking in a blue (handicapped) zone Pursuant WSAMC Sec. 36-131(5) Each 115.00 115.00 55000 Cancellation of citation (Disabled Placards) Each 25.00 25.00 55000 Parking in a"No Parking" zone Pursuant WSAMCSec. 36-132 Each 70.00 70.00 55000 No parking -street sweeping Pursuant WSAMC Sec. 36-133 Each 64.00 64.00 55000 Parking in violation of"emergency no parking sign" Pursuant to SAMC Sec. 36-134 Each 70.00 70.00 55000 Parking in alley Pursuant to SAMC Sec. 36-135(a) Each 57.00 57.00 55000 Stopping, standing or parking a vehicle w/in parkway Pursuant WSAMC Sec. 36-135(b) Each 57.00 57.00 55000 Parking at certain places and for certain purposes Pursuant to SAMC Sec. 36-136 Each 57.00 57.00 55000 For sale; inoperable vehicles; repairing vehicles Pursuant to SAMC Sec. 36-136(a) Each 65.00 65.00 75A*2-54 3.67% ADOPTED PROPOSED REVENUE FY 19-20 FY 20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION POLICE DEPARTMENT 55000 Parking over 72 hours Pursuant WSAMCSec. 36-136(b) Each 65.00 65.00 55000 Parking on left side of one-way roadway Pursuant to SAMC Sec. 36-136(d) Each 40.00 40.00 55000 Parking outside of lapping marked parking Pursuant WSAMC Sec. 36-138(a) Each 48.00 48.00 55000 Angle parking prohibited in certain areas Pumuantto SAMC Sec. 36-139 Each 48.00 48.00 55000 Parking in restricted areas. Time limit parking Pursuant WSAMC Sec. 36-142 Each 48.00 48.00 55000 Overnight pa rking prohibited in certain areas Pursuant to SAMC Sec. 36-144 Each 40.00 40.00 55000 Parking any commercial vehicle over 10,00016s. In a residential district for a period of time longer than two(2) hours prohibited Pursuant to SAMC Sec. 36-145 Each 81.00 81.00 55000 Parking on City property Pursuant to SAMC Sec. 36-147 Each 40.00 40.00 55000 Parking on property of I pint Powers Agenry-city is member Pursuant o SAMC Sec. 36-147.1 Each 40.00 40.00 55000 Parking in metered space time expired or beyond max. time Pursuant WSAMC Sec. 36402(1) Each 41.00 41.00 55000 Parking outside of painted or me rked area of metered space Pursuant WSAMC Sec. 36402(2) Each 58.00 58.00 55000 Park any vehicle restricting traffic(ingress/egress) Pursuant to SAMC Sec. 36432(2) Each 58.00 58.00 55000 Park any vehicle with trailer, etc., restricting traffic Pumuanttc SAMC Sec. 364324 Each 70.00 70.00 55000 Red no parking a real -striped no parking areas Pursuant WSAMC Sec. 36432(5) Each 58.00 58.00 55000 Parking outside/across designated parking lines Pursuant WSAMC Sec. 36432(6) Each 48.00 48.00 55000 Parking overtime on public pa rking lot Pursuant to SAMC Sec. 36432(9) Each 48.00 48.00 55000 Use metered spaces when meter indicates unlawful pa rking Pursuant WSAMC Sec. 36432(11) Each 41.00 41.00 55000 Park any truck in excess of 2tons in parking lot Pursuantto SAMCSec. 36432(12) Each 58.00 58.00 55000 Unauthorized parking in "handicapper" zone Pursuant to SAMC Sec. 36432(15) Each 88.00 88.00 55000 Continued Time zone Pursuant to SAMC Sec. 36-143 Each 48.00 48.00 55000 Parking within an intersection Pursuant to CVC Sec. 22500(ad Each 56.00 56.00 55000 Parking within a crosswalk Pursuant to CVC Sec. 22500(b) Each 56 56.00 75M-55 3.67% ADOPTED PROPOSED REVENUE FY 19-20 FY 20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION POLICE DEPARTMENT 55000 Parking adjacent an safety zone Pursuant W CVC Sec. 22500(c) Each 56.00 56.00 55000 Parking within 15 ft. of driveway entrance office station Pursuant to CVC Sec. 22500(d) Each 56.00 56.00 55000 Parking on a sidewalk Pursuant to CVC Sec. 22500(f) Each 56.00 56.00 55000 Obstructing traffic by stopping, standing or parking alongside highway obstruction Pursuant to CVC Sec. 22500(g) Each 56.00 56.00 55000 Double Parking Pursuant io CVC Sec. 22500(h) Each 56.00 56.00 55000 Parking upon a bridge Pursuant CVC Sec. 22500(k) Each 56.00 56.00 55000 Parked, right hand wheels more than 18" from right hand curb Pursuant to CVC Sec. 22502(ad Each 56.00 56.00 55000 Motorcycle parked, one wheel or fender not touching curb Pursuant to CVC Sec. 22502(e) Each 56.00 56.00 55000 Parked within 15 feet of fire hydrant Pursuant to CVC Sec. 22514 Each 56.00 56.00 55000 Unattended vehicle, stop motor and set breaks Pursuant to CVC Sec. 22515(a) Each 62.00 62.00 55000 Parking in a space designated for disabled persons without a distinguishing plate or placard Pursuant to CVC Sec. 22507.8(ad Each 390.00 390.00 55000 Obstruct,block, or oMerwise bar access to a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(b) Each 390.00 390.00 55000 Park or leave standing a my vehicle, including one displaying plates or placard, on boundary lines marking Parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(c) Each 390.00 390.00 55000 Entering an Intersection, Rail -crossing or crosswalk Pursuant to CVC Sec. 22526 Each 177.00 177.00 55000 No Year or Month License Plate Tab Pursuant to CVC Sec. 5204 Each 112.00 112.00 55000 No Vehicle Frmd/Rea r License Plate Pursuant to CVC Sec 5200 Each 122.00 122.00 55000 Stopping/Parking in a Fire Lane Pursuant to CVC Sec. 22500.1 Each 123.00 123.00 55000 Parking in Front of a Driveway Pursuant to CVC Sec. 22500 bid Each 56.00 56.00 55000 Parking vehicle frrrsale- 1,d violation See Planning & Building section of Pursuant to SAMC Sec. 41-1301(a) Misc. Fee Schedule 55000 Parking vehicle for sale- 2nd conviction ww/in year See Planning& Building section of Pursuant to SAMC Sec. 41-1301(a) Mi.. Fee Schedule 55000 Parking vehicle for sale -3rd conviction Win year See Planning & Building section of Pursuant to SAMC Sec. 41-1301(a) Mi.. Fee Schedule Program administered by Police Department 53319 Park Ranger/Security Per Hour 633 6631 75A.*2-56 3.67% ADOPTED PROPOSED REVENUE FY 19-20 FY 20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION POLICE DEPARTMENT 55000 Occupied Motor Home Each 36.00 36.00 Pursuant WSAMC Sec. 10.89 55000 Park Hours Each 98.00 98.00 Pursuant to SAMC 31-2.9 55000 Parked on Park Property Each 38.00 38.00 Pursuant to SAMC 31-2.1& 55000 Exceed Period -Vehicle Storage Each 120.00 120.00 Pursuant to SAMC 364M 55000 Improper Display of Permit Each 42.00 42.00 Pursuant to SAMC 364M 55000 Off Truck Route Each 92.00 92.00 Pursuant to SAMC 36-171 53416 Wild Anima l Permit Fee (Nonrefundable) Pursuant WSAMC Sec. S8 Each 165.78 171.86 55402 Commercial Vehicle Violation: Public Streets vehicle in eacess of 6 ft. in height parked within 100 ft. of posted intersection (SAMC 36-145.5( First Violation Per Violation FREE 68.00 Second Violation (within a 12 month period( Per Violation 103.00 103.00 Third Violation (within a 12 month period( Per Violation 129.00 129.00 55606 Fireworks Administrative Citation Per First Violation and Pursuant WSAMC Sec. 1-21 any Subsequent Violation 1,000.00 1,000.00 75A*2-57 3.67% ADOPTED PROPOSED REVENUE FY 19-20 %20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION PUBLIC WORKS AGENCY 05817002-51701 Transportation Permits/Oversize/Overweight Annual Permit(Per CALTRANS) Each 90.00 90.00 Single Trip Permit (Per CALTRANS) Each 16.00 16.00 Fax Processing Service (Optional) Per Fiscal Year 44.58 44.58 O11ll002-51701 Building Moving Permits Permit Fee (Per CALTRANS) Each 90.00 10.00 Building Under 1,D]Osq. h. Each 16.00 16.00 Ouilding 1p00sq. h. or over Each 16.00 44.58 Legal Weight/Sim Land Not Required NOCbarge No Charge OIIIM02-5I991 Banner and DecoraCwns Application Fee Per Transaction 176.10 182.56 Removal Fee PerStreet Per Pole 176.10 182.56 0111ID02-51608 Neeedox Permitsand Inspection InitialiRenewal Permit Fee Per Publication 203.36 210.82 Annual Inspection Fee Per Location 52.88 5Q82 O11ll002-53707 Curb Painting Per Foot 13.50 1Q00 Minimum 244.74 253.72 O11ll002-53707 Street Signs Actual Cost plus Actual Cost plus Actual StaffCost ActuaISGff Cos[ O11ll002-53707 Street Sign Installation by Ciry Staff/Contractor Actual ContractCost Actual Contract Cost plus Actual Staff Cost plus Actual Stiff Cost O11ll002-5M10 Tree Health Alumist Evaluation Actual Cost Actual Cost O11ll002-57010 Tree Planting by Ciry Staff/Contractor Actual Contract Cos[ Actual Contract Cos[ plus Actual Staff Cost plus Actual Staff Cost 01117002-5ID10 Tree Removal by City Staff/Contractor Actual ContractCost Actual ContrardCost plus Actual Staff Cost plus Actual Stiff Cost 0111ID02-SM10 Tree Value Recovery Actual Value at Actual Value at Time of Occurrence Time of Occurrence 00IM02-5T010 ETACTree Appeal Fee Each 202.49 209.92 0861M02-57720 Ciry Street Map(2mX29-) First Map Each 4.28 4.44 Additional Each 4.28 4.44 08617002-577I0 Water System Map(62'XT8') Each 12.48 12.94 0861002-57770 Sewer System Map (62'X7O') Each 12.48 12.94 1O1ll002-5MC6 Geographic Information System)GIS) Consultanths) Time Actual Contract Cost Actual Contract Cost StaffDam Actual Staff Cost Aloe l Staff Co. 0861M02-56305 Telecommunications Facility Application Each 1,154.27 1,196.63 0861M02-51704 Telecommunications Facility Inspection Each 465.20 482.27 Cham,rd in addition to Sheet Wort Pernabli-perhoo Aces 0861002-56305 Accelerated Plan Checkfor Public Improvements Per Hour 269.18 278.02 08617002-56305 Traffic Analysts/Studies Plan Check Per Hour 247.85 256.95 0861M02-56305 Improvement Plan Check Per Hour Per Hour 20183 208.20 NOTE: Sheet, Sorm Drain, Traffic. Grading, Sewer and Water Flan Check cod Shan Drain, Seweq Water and FemmalSbadies. 086IM02-56305 Surface Drainage Plan Check Per Hour 200.03 200.20 0861ID02-56305 Improvement Standard Plans/Specifications Storm Drains Set 1A55 15.00 streetlmprovements Set 18.71 19.39 Sanitary Sewers Set 14.55 15.08 Water lm provements Set 24.93 25.84 75A*2-58 3.67% ADOPTED PROPOSED REVENUE Fy 19-20 Fy20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECNON%I PUBUCWORKSAGENCY Revision within 1 year OIIIM02-56305 Plans/Specifications Fees jnonumfundiable) Reproduction 10 she. 31.19 32.33 Each additional 2.10 2.18 Mailing Minimum 18.32 18.99 0861M02-56305 Tract Map Final Per Hour 2M.83 269.20 086IM02-56305 Parcel Map Final Per Hour 200.03 269.20 08617002-56305 Lot Une Adjustment/Lot Merger Per Hour 200.83 269.20 08617002-56305 Certificate of Corn pliance Per Hour 2M.03 269.20 0861M02-51704 Sing[aFamily Residence Repair Fce for: driveways, sidewalks, curbcoring Each 297.42 369.34 OMIM02-53706 Street Work Permits/inspection Fees Charged in addition to other fees Each 336.83 349.19 086IM02-51704 Inspection Fees: Trench Excavation/Bark Fill Unrest Fact 2.18 226 purees included in otM1erfees) Minimum ISO 49 18T.11 0861M02-51704 Storm Drains/Culverts, 5eweq Water Mains/Une Channels UnearFoot 10.17 10.54 Minimum 190.49 187.11 08617002-51703 Sewer Labaals/Water Services Each 1,103.23 1,143.72 0861M02-51704 Traffic Occupme,or Lame Closure Requiring Signrge All Streets Per Day 338.50 350.92 Min -Streets Deposit 1p70.25 1,109.53 Major Streets Deposit 1A24,96 1p7226 0861M02-51704 Manhole,Vaults, Catch Bazinsand required signage, stripingor barricades Plus EartM1work Each 1j05.32 1,353.23 0861M02-51704 Curb, Gutter -Combination including EartM1work UnearFoot 2.48 2.57 Minimum 180.49 187.11 0861M02-51704 Curb Return, including Earthwork Each 335.54 347.85 0861MO2-51704 Sidewalk including Earthwork Sq.Faot 1.63 1.0 180.49 187.11 0861M02-51704 Drive Approach including Earthwork sq. Foot 1.11 1.15 Minimum 180.49 187.11 0861MO2-51704 Pavin& including EartM1work j0-woo as.f.) sq. Foot 0.46 Om (Caner 2000 sq. f.) sq. Foot 1, 0.33 Minimum 180.49 187.11 0861M02-51704 Fencing Masonry, Concrete or Black UnearFoot 1.93 2.M Minimum 10.15 1& 08617002-5ID06 Street Trees By Developeq Inspection Only Each 218.61 226.63 08617002-51704 Permanent Street Patch Guarantee Refundable R done in 30 calendar days sq. Foot 40.04 42.34 0861M02-51704 Projects Exceeding $50,000&1=$100,000 and/or Percentofestimated Work items not included here construction cortz 9.59% 9.59% 0861M02-51704 Projects Exceeding$100,000 and/or Percent of estimated Work items not included here construction costs 7.00% 7.03% 0861MO2-5MC6 Overtime Rate for Construction Inspectors Per Hour Actual Stuff Overtime Actual Stuff Overtime Construction Inspector overtime rate range. Actual overtime Costs Coz[z M1ourly-rate based on Inspector's salary step 0861M02-56305 Certificateof Correction Per Hour 200.03 209.20 0861MO2-56305 Covenants, Conditions, & Restrictions, Agreements and Per Hour 2W.03 200.20 Miscellaneous CM1aking O60IM02-53T10 Notice of Abatement- Standard Administration Fee Each 444.05 461.18 060I 02-53T10 Notice of Abatement- Multiple Postings in a ll-month Period Each 73.72 76.43 0861M02-51704 Survey Monument Check: lst Monument Check Each 1,020.11 1p57.55 Additional monument Each 204.63 212.14 00617002-51704 Uninitiated Street Work Permit Per Permit Double Street Work Double Street Work Permit Fee Permit Fee 08617002-5I790 Abandonment Processing Summary Per Application 2,009.44 2,083.19 RanSummaryPer Application 6,028.34 6,249.58 75"-59 3.67% ADOPTED PROPOSED REVENUE FY 19-20 N20-21 ACCOUNT DEPARTMENT/MISCELIANEOUS FEE OR SERVICE UNIT FEES FEES SECNON%I PUBLIC WORKS AGENCY 05017002-51705 Encroachment Pressing Each 531.85 551.37 OWL=53720 Meter Test in Field/Shop GCM1 111 123.15 NOR: Fee isrefuntletl iJMemeRs shows an error oJmore Ihon 2% over Me correct reodia OWIM02-53720 Replace Meter (Removed for Unpaid 0iRd Program administered by Public WorksAgem, 5/8'to2- GCM1 123.39 12T.92 3-to 6- Each 1,974.31 2,046.77 'After business hours, the charge for replacement Minimum 162.15 16RAC O W 17002-53720 Install New Water Service Meter 5/8 120.60 125.03 3/4' 148.00 153.43 1' 215.11 223.00 11/2' 412.38 427.51 2' 547.99 569.10 3' 3,005.34 3,115.64 4- 4,947.03 5,128.59 6' 8,275.63 8,ST9.35 0 W 17002-53720 Install New Residential Fire Service Meter 3/4- 300.43 311.46 1' 359.92 373.13 OWL=53720 Cut-off Water Service in Street Each 419.67 435.05 OWIM02-53725 Temporary Construction Motor Deposit Each 2,022.28 2,096.50 OWIM02-53720 Removal of Stmight Pipe administered W PWA) Each 169.69 112.68 OWIM02-53720 Repair Curb Stopadministered by PWA) Each 160.10 165.98 OWIM02-53720 Backfbw Device Trading Administrative Fee Each 93.92 97.37 OMIM02-53720 BackNev Pra-der 3rd and Final Notice Fee Each 113.56 117]3 OMIM02-53720 Fire Fbw Test Application Fee Each 26.41 27.38 O IM02-53720 Fire Flow Test Witness Fee Each 123.02 128.42 OWIM02-53720 Water Service Application Fee GCM1 26.41 27.38 OWIM02-53725 Construction Meter Daily Rental Charge Per Day 2.16 2.24 O11ll002-51609 Outdoor Dining Fee Application Fee 1A24,20 1p77.07 Annual license fee based on she ofdiningarea Square Foot 0.92 0.95 086IM02-5XC6 Citywide Bicycle Locker Program Application Processing Per Fiscal Year 9.39 9.73 Security Deposit Onetime, Refundable 93]7 97.21 Key Replacement Per Key 28.15 29.18 Lock Replacement Per fork 150.04 155.55 Dam,w%xpair Fee Each 56.26 58.32 0861M02-51704 Directional Boring Fee Per Linear Fwat 2.54 2.63 O11IM02-51402 2nd Street Mall Use Fee Per Event 46.91 48.63 Drainage Assessment Area Fee Per Acre 221IM02-50500 Areal ]b02.12 BC88.46 2221M02-50500 Areal 9p05.68 9,T50.8T 2231M02-50500 Area 5,063.89 5,249]3 224IM02-50500 Area 7A23.92 ],I48.21 2251XC2-50500 Areas 8,514.82 B,B2731 226IM02-50500 Area6 8,37A16 8,681.49 055IM02-53701 Sewer Connection Fee Per Plumbing 111.49 49.00 Fixture Ifni 0861M02-5ID06 Residential Parking Permit Single Family Home - each permit verytwoyears 72.29 74.94 maximum 3 permits Maitffrmily Home )up to four plex)-each permit verytworears 72.29 24.94 maximum 1 permit Trench Cut Fees - Chagen Weed on Engineering News Record Dr U� tilities OMIX02-53704 Arterial Street Resurfaced between 0 and 5 years 21.30 22.08 Resurfaced beRveen 6 and 10 years 18.87 19.56 Resurface! between 11 and 15 years 1]]4 18.39 Resurfaced ted-een 16 and 20 years 14.19 14.71 OMIM02-53705 Local Street Resurfaced between 0 and 5 years 14.44 14.9T ModHy. Amoam 75A&2-60 3.67% ADOPTED PROPOSED REVENUE FY 19-20 N20-21 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION PUBLIC WORKS AGENCY Resurfaced! between 6 and 10 years 12.83 13.30 Resurfaced edaeen 11 and 15 yeas 12.07 12.51 Resurfaced Ladween 16 and 20 years 10.88 11.28 Resurfaces Ladw n21 and 25 years 9.0 10.02 We utilities 0591NO2-53704 Arterial Street ResurfacdbeRrenn 0 and 5 years 33.12 34.34 Resurfaced! between 6 and 10 years 29.32 30.40 Resurfaced! between 11 and 15 years 27.58 28.59 Resurfaced! between 16 and 20 years 22.06 22.87 0M17002-53705 Fecal Street Resurfaced! between 0 and 5 years 22.46 23.28 Resurfaced! between 6 and 10 years 19.93 20.66 Resurfaced between 11 and 15 years 18.74 19.43 Besurfxetl between 16 and 20 years 16.90 1752 Resurfw N between 21 and 25 ea 15.04 15.59 O111MC2-53741 Small Cell Application Fee br City Facilities Perapplicatbn/Ioration 1,741.79 1,741.79 O111MC2-53741 Annual Small Cell Compliance lnspeRion& Progam Cansgbt Fee Per installation N/A 259]1 OWIM02-53709 Water Capacity Fee 5/8-Meter N/A 930.00 3/0 Meter N/A 1,395.00 1' Meter N/A 2,325.00 1.5- Meter N/A 4,650.00 2- Meter N/A ]p40.00 3' Meter N/A 16,2I5.00 4' Meter N/A 2I,90].00 6- Meter N/A XXXXXXXX-%%%%X CIP Construction Permit De sit Per PermA N/A of Con[raR Amoun[ Flea Fee Flea fees Flew Fee, 75"-61 Summary of FY 2020-21 Proposed Miscellaneous Fees Schedule Changes 75A5.2-62 Proposals to Delete Fees FY 2020-21 75"-63 Proposals to Delete Fees FY 2020-21 Parks, Recreation, and Community Services Agenvy 1. Aquatic Fees (7 fees) Existing Fee: (see table below) Proposed Fee: Delete fees associated to aquatics. The City entered into a contract with an Aquatic Programs Operator. Included in the terms of the contract, the operator will collect all fees and provide all staffing. REVENUE ACCOUNT ADOPTED DCPARTMCNIMISCELLANCO US FEE OR SERVICE MIT FY 1420 PROPOSED FY 20-21 SECTION VU FEB PARKS, RECREAJH]N&COMMUNER SERVICES FEES ,'An, A@UAn6 �'A DELETE 50-4" '-- "'.'.n.—'. �,.`h"��-�'- Fre i:9B DELETE ";0' R"s A.'f Per.1-uf ii{8B . -�"t Re,-Neuf 116.AB DELETE DELETE 3 30 P., 4-4 Rer-Haur 1% .-RRmot Re' -Neuf 19' DELETE DELETE .&VO'' a �ddIi` ^^^vy.2 Re, -Neu[ 2C.W DELETE 2. Tennis Fees (5 fees) Existing Fee: (see table below) Proposed Fee: Delete fees associated to Tennis The City entered into a contract with a Tennis Operator. Included in the terms of the contract, the operator will collect all fees and be responsible for all maintenance costs. REVENUE ADOPTED PROPOSED ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FYI4W FY 20-21 FEES FEES SECTION VII PARKS, RECREATION & COMMUNTTYSERVICES 533394, GiNGN-NGLNbiAGM-GALI{AJFi gam-Opm �ReFNuus 298 DELETE 4PNFAw.1 PeF-Ileus DELETE PeFH00N DELETE 94449 T ^^ R,, P-FH—F 4e DELETE .�... ReFkeus DELETE 75"-64 Proposals to Delete Fees FY 2020-21 Planning and BuildinaAyenov 3. Conditional Use Permit (CUP) -Coffee House Entertainment Existing Fee: $5,545.38 Proposed Fee: None This fee is no longer needed or used. This type of CUP was supplanted when the City adopted its revised alcohol and entertainment ordinance, Ordinance NS-2847, on 5 Aug. 2013. 4. Entertainment Permit CateP-ory 2 Existing Fee: $422.22 Proposed Fee: None Already included in LUC - Ancillary Message Establishment, Cat. 2 ENT. Fee. When the City adopted its revised alcohol and entertainment ordinance, Ordinance NS-2847, on 5 Aug. 2013, this was set to match the existing LUC fee. 5. Entertainment Permit Categgy 3 Existing Fee: $422.22 Proposed Fee: None Already included in LUC - Carnival, Music, Arcade, ABS, Cat. 3/4 Ent. fee. When the City adopted its revised alcohol and entertainment ordinance, Ordinance NS-2847, on 5 Aug. 2013, this fee was set to match the existing LUC fee. 6. Entertainment Permit Cateaory 4 Existing Fee: $757.14 Proposed Fee: None Already included in LUC - Carnival, Music, Arcade, ABS, Cat. 3/4 Ent. fee. When the City adopted its revised alcohol and entertainment ordinance, Ordinance NS-2847, on 5 Aug. 2013, this fee was set to match the existing LUC fee. 7. Parcel Map Extension Existing Fee: 20% App. Fee Proposed Fee: None The fee will be bundled into the new Entitlement Application Extension Fee. 8. Variance Condition Modification Existing Fee: 50% App. Fee Proposed Fee: None This fee will be bundled with modified Entitlement Condition Modification Fee. 9. General Plan (Complete Text) Existing Fee: Actual Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 75"-65 Proposals to Delete Fees FY 2020-21 CONTINUE -Planning and Building ency 10. General Plan Elements (Text) Existing Fee: Actual Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 11. General Plan Workbooks Existing Fee: Actual Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 12. Land Use Map Existing Fee: Actual Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 13. Sale of Miscellaneous Items Existing Fee: Actual Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 14. Sectional Districts Maps (Individual. Complete) Existing Fee: Actual Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 15. Subdivision Ordinance Existing Fee: City's Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 16. Zonina Ordinance Booklets Existing Fee: City's Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 75A5.2-66 Proposals to Delete Fees FY 2020-21 CONTINUE - Planning- and Building P,aencv 17. Various Pipeline Fees (119 fees) Existing Fee: See attached table for all pipeline fees Proposed Fee: None These fees are no longer applicable; these are remnant fees from the previous fee schedule that existed prior to the fee study/update in 2009. These old fees applied to existing projects in the "pipeline" that were in development at the time of the fee study. We do not have any more "pipeline" projects since more than 10 years have passed since the fee study. These fees no longer apply to any current or new projects. 75"-67 CONTINUE - 17. Various Pipeline Fees ( PROPOSAL TO DELETE PIPELINE FEES SECTION IX MISCELLANEOUS FEE ADOPTED FY 19-20 PROPOSED FY 20-21 c.._,....:,. WaiveF of c.,. ,...c,.... Rg ,..�,...,._,.d. Fes .,�r.�ed �, tie r..,,. a c,. ea^P R and State __vim-e.dima� REFUNDS fees ...a.. 6e made to t6..........1.... .a' ... ono/ ...d 1 ..c. 6.... e F m i.,..d hr _6.._b c.... 2 "..eA266'iT�..me�e, -�e.ve.i..m=�-e�Ta^�T� Via. if ..i,.. _4261k f22 4,. tie__ _„d ,..d .4,...l,..:....:.4d.,..... ,.h,._l, fees ..., tie wade to the pepmitta�eHRt eqHal rc.he plan _6.._L fee ;......_.....d T6.2� pa IrP. 49-98 DELETE r } 686 a A 99ST. _ c___._k...__i. .._ _..__.i__. ........... .....,..,....bH..,. (Zi.., c.. _,.... e9 '^� DELETE c'� &1693 71606 RiNAkT*X ,aadddk.;,. to t. . ;,..,,..mat;,.., fee and PegH!aF ,a cT_ _k_u �_ ___ d �Ht _ __ Ease less .�__ " DELETE 54694 i)(PE9 @b9&: P-F.-RH 69.4 DELETE 75"-68 CONTINUE - 17.Various Pipeline Fees ( PROPOSAL TO DELETE PIPELINE FEES SECTION IX MISCELLANEOUS FEE ADOPTED FY 19-20 PROPOSED FY 20-21 =}PERMIT The fee a,. a pepm4 a stpwet egha11 MiRiMH... 3 AAi............:. c,.,. ,.a CAC 70 998@94994 24843 V..L__ _ bw1di_-i_ d_f_I:. L_d •L_ _...__..hall _._.: d_•L_ r'..,,. 4h,..1.,.. .., beRd,. d,..-.:bpd. ceet_49446o .6..a...60 ..{.6.. 0....an MwRisipal Qd2 ..6.. ..f t6e 6.._d 1-... be 25.a611.62d 6...6.. o,. n A:.... /K(L.L I bt iR Re ea.,..1.,11 .1.,, beRd ti_ I.....L.a.. $1,,999peF �Hildwg. IN Siti _ <Wn.. d..._m__ __d __.___.hall L_ 383„4 DELETE: 51694 .,h12,..L2. 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'n� DELETE AND WP $9099 nn feF the a._t e, n PIHS e Q� DELETE SHRday As) Pe. 490.52 DELETE c 1- 2) R2 iR;p2_. R c,.,. .e.,...,.d ..,.dap. e ppey;5i� etom Pe. 499.52 DELETE 61691- m R6p2GtiBR6c,. ...Li_d..,. c.,. A...,._:o__n.. nd;_,.,.d(min1....,...._L_...,. ,...2 in ti_,.) ,n� DELETE 75A&2-71 CONTINUE -1Z Various Pipeline Fees (119 fees) PROPOSAL TO DELETE PIPELINE FEES SECTION IX MISCELLANEOUS FEE ADOPTED FY 19-20 PROPOSED FY 20-21 &1699 QfiQ;RWAI64Q" T$46.27. &1493 FfiESLNE9Jw" _..a.^i^__.:^R OR F^.u^...:_i o�..___. re96)_____.___ cast__ n____I.._$906;___ �.�;-'��r.. ,�,,,.�e��-lne.,�. ReF .. 6_ u..._ L. 1.__ L. d e Fe_.....__1e SNY it_6 _..d fisktigg:.l_ _ _ __skall_ _ six .. 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Igail,.. � _............... _....A.....iRgw..Y... heat pump .......[i-p R_____...__ ._._ __9 __i .-r__,9 R_____...__ _� ^e.=-.Pv-.'--br �-.Pv+.-.'--ems ___.,___c___k �_n__ 75A@2-74 CONTINUE -1 Z Various Pipeline Fees (119 fees) PROPOSAL TO DELETE PIPELINE FEES SECTION IX MISCELLANEOUS FEE ADOPTED FY 19-20 PROPOSED FY 20-21 .....I..,_.;.... .. heat .. .... evep 29 L... 604 n P__.k_ i__._u_.;__ __ Fels__.:__ _c ___k �_o_" __f______� { ,r.............ystem eveF 1,790,000 Wpw/h .... -' DP.. p.Ic &1694 sr PBF ,_r. rinri,.._:. r.,..dliRg H..4,.V2F2 n_c... ,r..,.....i,... i. a,.....r.i_r.,.. .,.d,.l.,. 3.98 DELETE c,�cn�n of QHtdeep dHalimskaged�,.,tiRg,..d eeel;..6 €a 4 49-69 DELETE 19) P__.k_;__._ll_.;__ __ __I___.;__ _f ___k P___ 6a— aH...,_,. ;.._i,.d;......,.... 4;.99 DELETE ,,, P__.�_ w_._u_. __ __._i___.i__ _a ___� _„____d_d {aE{a R;.99 DELETE 64604 "` ^- ---'" -`"-a-P'eR �aak 3;.99 DELETE &1694 PBFt�2T2pa,.a ,i.,. ,.:,...,.a ,. ,dd:.;,.,..,.,.,_� r.,.,.ing €M4 FegHlat2d d.,.r.;. _84e .:deFed, .23-8 DELETE _,� ,nr v..r.,.;....,u,.,... efea_d r....,.1_,.......,.._:_l €M4 49-60 DELETE 34604 49) Im,...r.,.;,...,u_.:,... efea_r. r....,. u.,..u,....:,i,.. €464 exiia,... 1.._l..db...the d,.... fop ea_6 tined 44-99 DELETE 14994 ,n PBF ,_r...,....1atie,,fan _,.....,._.ed.,.,.:....i,, d._. €M4 ,,, ,.r..,.,....,..e.lp. ,. ,..r.,.. i_r R,..:d,.... ,i raRgp ,..,r.,�... r=r- (d)n.r.,..,.....;. .,i _;. d�.,.. 4L,-� DELET! &1694 "ale.: €M4 40.E DELETE 1&1694o, ______.._____.:..____i___.d__.d____.._W_...__ 6aap 3S09 DELETE = S4 19) -G'�piRg €acJx 49-92 DELETE 75A&2-75 CONTINUE -1 Z Various Pipeline Fees (119 fees) PROPOSAL TO DELETE PIPELINE FEES SECTION IX MISCELLANEOUS FEE ADOPTED FY 19-20 PROPOSED FY 20-21 54684 - - - - - --, eask ieas'- 35,88 DELETE 94 2 €acli 45,08 DELETE _,� 22) AppFGY2da.,.,..,.i....W:.ulRg.....,.,... €a4 4-r.08 DELETE g4604 2g) p_, ___� ___l:____ __ _,___ _f __ .,____..__ .l_._.I �y t. i_ li a I_1 PL.. .. :_L diRg hood and ....6a ..t d iet r=ram Id1 Aip sempFesseF and Felat.d_..............d r=rcreeligg am ism rtir Elest.,..., mR__u__. _l ___._ l..__,.,._ Elea ____.._.__ r��l2aR F�,-i n,1 Midifi2F pHet R (s)r "� a. 3cr98 DELETE &1604 24)T""`42'""aLati.,..2o....:........eplase .eRtea,.,_r. €ach PeFfflit 4&-98 DELETE &14994 29) Eaeh -'-'-" pipiAg SySt2 400-W DELETE 5 6 26PeF ,.,_r...entiiatie ......,.......1.:_r. is Ret a geFtigR of any €aelx (a) 1al,._,..u_,. r� ui__.I__....I._.__u__.'__ sys._____,�l____Il__� Sr«ivfip2F, plasti' metal=S.i r_r Smalke,..,__.., ,,.d,..,r.,,...system feFp,.l.r_ h\ Eash ,..6,.....,.d ._ .. d ._ (2)r%s (2) smae (4) leA 499-W DELETE &1694 27) GFti;.:,...allati...,...,.I,._,.:,... efeaeh Elem,.»:_ €ae4 type iReiReFataF (eimii have p2F .. and appFgyal [Fee I3$2 DELETE gi 604 29) c__.4_:__._il_. __ ____I - _c I ___,_I 9a di, aI « (Shall 4aV2 .. a..d appFeyal c.,..., c f n n l 409.;7 DELETEeF . &169429AS132GtiSRS ..ld,. ,.a _GFMR' 6 .giRe.. r.,... 2 ;.: 499-97 DELETE 75A&2-76 CONTINUE -1 Z Various Pipeline Fees (119 fees) PROPOSAL TO DELETE PIPELINE FEES SECTION IX MISCELLANEOUS FEE ADOPTED FY 19-20 PROPOSED FY 20-21 SHAday nspeetieRs) 54 20) R2iR...-._......[..-. assessed WRd...a...d._aL.I...........:..... ink 'ai[ &14994 R9 feels spe_:n_,m.:...r_,.,..I Tt.-.,ewr 499-94 DELETE [,� 92) ndditie.,l.a,,..,...i2NVF2 iF2GI 6.._i.,....,.. ,dditie.. 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R2r I A�: Aspeetim. 499-94 DELETE o'er o ,... fee assessed u Rd,..,..plisa�le..,...;.4,.. tee. 499-W DELETE r Rgfe....r.:,.hAg fee :S Sp2.;aeally indiea.,.a Pe. 409-94 DELETE 5� 94) naa:.:enai..ianFeV:,.WFe :.,.a by eliaRg,.. ,aa;.;eRg OF tee. 499.9;t DELETE 75A�o2-79 Proposed New Miscellaneous Fees FY 2020-21 75A�2-80 Proposed New Miscellaneous Fees FY 2020-21 Planning and Building ency 1. Entitlement Application Extension Existing Fee: None Proposed Fee: $2,508.32 SAMC Sec. 41-647 provides for entitlement extensions up to three years from the original two- year expiration time -frames. Extension requests must be considered by the City Council, which requires preparation of an RFCA and staff time. This fee reflects staff time spent preparing the RFCA for City Council consideration. 2. Historic ReOster Removal/Demolition Existing Fee: None Proposed Fee: $5,739.81 SAMC Sec. 3-7 provides for requests to demolish properties on the historic register. These requests must be considered by the Historic Resources Commission, which requires preparation of a staff report and staff time. This fee reflects staff time spent preparing the RFCA for City Council consideration. Public Works Agency 3. Water Capacity Fees Existing Fee: None Proposed Fee: See table Calculated 5/8" CapacityMeterSize $930 3/4" $1,395 1" $2,325 1.5" $4,650 2" $7,440 3" $16,275 4" $27,900 6" $62,775 This new impact fee was a recommendation of the 2019 Water, Recycled Water, & Sewer Rate Study, and will be charged to all new developments where a connection to the City's water system will be established. There is currently no fee for this procedure within the Water Resources Division. This differs from the "Install New Water Service Meter" fee in that it is designed to fund the entirety of the water delivery infrastructure, notjust the water meter hardware. The fees shown in the table below are calculated based on the demand the customer will place on the system, which is measured by size of the customer's water meter. 75A�2-81 Proposed New Misoelleneous Fees FY 2020-21 CONTINUE - Public Works Agency 4. Annual Small Cell Compliance Inspection & Program Oversiaht Fee Existing Fee: None Proposed Fee: $258.71 This is a partial labor cost recoveryfee for the newly instituted small cell antenna program. It includes cost recovery for yearly inspections of the small cell antennas on City facilities and the administrative functions required to carry out that task. 5. Capital Improvement Program (CIP) Construction Permit Deposit Existing Fee: None Proposed Fee: $349.19 + up to 8.75% of Contract Amount A fee (deposit) will be charged to issue a Construction Permit to contractors before starting work on a City Capital Improvement Program project. The fee is to cover the cost of the City to perform administration of the City's Construction Workforce Agreement (CWA). The actual and final fee will be calculated and reconciled with the amount on deposit after completion of each construction project, and the contractor will be refunded any unused amount on deposit, or Contractor shall pay the City the any amount due. The final fee shall be based on the cost of city staff time or a consultant to administrate the CWA for each corresponding project. Staff time will be on approved hourly cost recovery rates. Consultant costs shall be based on actual time billed against each project at approved consultant rates. 75A�32-82 Proposals to Modify Existing Fees FY 2020-21 75A42-83 Proposals to Modify Existing Fees FY 2020-21 Finance & Management Services 1. Utility Service Set-up- Limitations on Reconnection Fees After hours Turn On or Turn Off Fee Each $160.55 After hours Turn On or Turn Off Fee - limit consolidated fee during regular business hours (low-income qualified pursuant to SAMC39-22 (b) and (d)J Meter Turn On or Meter Turn Off Fee Meter Turn On or Meter Turn Off Fee - limit consolidated fee during non -regular business hours (low-income qualified pursuant to SAMC39-22 (b) and (d)J The recently adopted COSA Residential Water Service Discontinuation Policy to comply with California SIB 998 "Water Shutoff Protection Act" requires the City to set "Limitations on Reconnection Fees" for low-income customers who meet the requirements of Section 5 of the policy. Planning and Building ency 2. Change of Incorrect Address Existing unit: per project Proposed unit: per permit The unit will change to "per permit' instead of "per project'. Previously, one project equated to one permit fee. Now, one project could have more than one permit fee. 3. Change of Owner or Contractor Existing unit: per project Proposed unit: per permit The unit will change to "per permit' instead of "per project'. Previously, one project equated to one permit fee. Now, one project could have more than one permit fee. 75A�2-84 Proposals to Modify Existing Fees FY 2020-21 CONTINUE- Planning and Building envy 4. Entitlement Condition Modification Existing names: a) Condition Modification fee b) Variance Condition Modification fee Proposed name: Entitlement Condition Modification The Condition Modification fee and the Variance Condition Modification fee will be combined to Entitlement Condition Modification fee. 5. Copies of Maps. Documents. Graphs. or Special Work Existing names: a) Aerial Photos (Individual Sheets, Complete Set) b) General Plan Elements (Text) c) General Plan (Complete Text) d) General Plan Workbooks e) Land Use Map f) Sectional Districts Maps (Individual Sheets, Complete Set) g) Subdivision Ordinance h) Zoning Ordinance Booklets i) Sale of Miscellaneous Items Proposed name: Copies of Maps, Documents, Graphs, or Special Work Proposed Fee: Actual Cost All miscellaneous fees related to copies of maps, documents, graphs, and other special work that need to be printed and prepared will be combined 6. Historic Property Preservation Agreement (Mills Act Application) Current amount: $3,589.14 Proposed amount: $2,500.00 As a result of City Council and Historic Resources Commission input, and in an effort to promote the preservation of historic resources throughout the City, the City Council has directed staff to revise the fee to encourage the rehabilitation and preservation of more eligible structures. The reduced fee will assist in achieving this goal. 75A-2-85 Proposals to Modify Existing Fees FY 2020-21 CONTINUE -Planning and Building ency 7. Self -nomination of properties to the Santa Ana Register of Historical Properties Proposed name: Historic Register Categorization/Application Current amount: $3,589.14 Proposed amount: $500.00 As a result of City Council and Historic Resources Commission input, and in an effort to promote the preservation of historic resources throughout the City, the City Council has directed staff to revise the fee to encourage the listing of eligible resources to the City's Register of Historical Resources. The reduced fee will achieve this goal by encouraging property owners that own potentially eligible structures to self -nominate their properties to the register. 8. Modified: Fee Names (see attach listing of 34 fees) The following miscellaneous fee names have been modified to be consistent across the Misc Fee Schedule, online planning misc fees sheet, and internal land management system. 75A�72-86 Proposals to Modify Existing Fees FY 2020-21 CONTINUE - 8. Modified: Fee Names # Adopted FY 19-20 Fee Name Proposed FY 20-21 Fee Name 1 Appeal Appeal (Applicant) Applicant Appeal (Non -Applicant) Non -Applicant 2 Amendment Application (A.A) Amendment Application (Zone Change) Change of Zone or District 3 Conceptual Review "First Look" Fee Conceptual Review "First Look" 4 Conditional Use Permit Conditional Use Permit Application Fee 5 Conditional Use Permit Conditional Use Permit - ABC (PC&N Included) With a PC&N Determination (ABC License) 6 Conditional Use Permit Conditional Use Permit - Planned Residential Planned Residential Development Development Application Fee 7 Development Agreement Review/Deposit Development Agreement/Review Deposit: (Nonrefundable deposit required Deposit: (Nonrefundable deposit required initially) initially) Plus Reimburse City for Actual Cost Plus Reimburse City for Actual Cost 8 General Plan Amendment General Plan Amendment Application Flat Filing Fee 9 Land Use Certificate LUC - Child Care (8-14 Children) Category 1 LUC - Fiesta & Rummage, Parking Lot Sale, Bazaars, Fiestas, Sidewalk Sales, Outdoor Auctions, Auction Child Care (8-14 children), Ancillary Massage LUC - Seasonal 10 Category 2 LUC -Ancillary Massage Establishment, Cat. 2 Side Walk Sales, Parking Lot Sale, Outdoor Auctions, Mobile Medical and Veterinary units, Ent. LUC -Outdoor Vending Machine Outdoor Booths 11 Category 3 Carnival, Cicrus, Outdoor Music, Concert, LUC - Carnival, Music, Arcade, ABC, Cat. 3/4 Ent. Arcade, Temporary ABC Licenses Flat Fee 12 Category 4 Antennas/Dishes LUC - Antenna/Dish Flat Fee 75A7e2-87 Proposals to Modify Existing Fees FY 2020-21 CONTINUE - 8. Modified: Fee Names Adopted FY 19-20 Fee Name Proposed FY 20-21 Fee Name 13 Category 5 Exterior Telephones (Pay Phones) LUC - Exterior Phone 1st Phone First Pay Phone LUC - Ext. Phone Add4 Per Each Per Additional Pay phone 14 Category 6 LUC -Recycling Facility (Small) Small Collection (Recycling) Facilities 15 Landscape Plan Review Landuse Plan Review - Single Family/Duplex Single Family or Duple Landuse Plan Review - Triplex/Townhouse/Multi Triplex, Townhouse, or Multiple Family Landuse Plan Review - Mixed Use/Non- Mixed Use or Non-residential residential Per Inspection after the 2nd Inspection Landuse Plan Review - Per Insp, After 2nd Insp 16 Lot Line Adjustment Lot Line Adjustment Application Filing Fee 17 Minor Exception Minor Exception Application Filing Fee 18 Off -Premise Advertising (Billboard) Permit Off -Premise Advertising (Billboard) Permit Application Fee Application 19 Parcel Map Parcel Map Tentative Filing Fee Flat Filing Fee Additional Fee Per Lot Plus per Lot Fee 20 Voluntary Lot Merger Application Fee Voluntary Lot Merger Application 21 Residential Relocation Residential Relocation application Filing Fee 22 Second Dwelling Unit Review Accessory Dwelling Unit Review 23 Specific Development Zone Specific Development Zone Application F Fee (No Additional Dwelling Unit Fee) 24 Development Project Review (Site Plan Review) Development Project Review 25 Tract Map Tract Map Tenative Filing Filing Fee Additional Fee per Lot Plus Each Lot Additional Fee per Dwelling Unit Plus Each Dwelling Unit 26 Variance Variance Filing Fee Application 11* ;2i Proposals to Modify Existing Fees FY 2020-21 CONTINUE - 8. Modified: Fee Names Adopted FY 19-20 Fee Name Proposed FY 20-21 Fee Name 27 Environmental Impact Report Environmental Impact Report - In -House Environmental Impact Report - In -House Plus reimburse City for actual cost Plus reimburse City for actual cost Environmental Impact Report - With Consultant Environmental Impact Report - 10% of 10% of Consultant fee Consultant fee Plus reimbuse City for actual cost Plus reimburse City for actual cost 28 Negative Declaration - In -House Negative Declaration - In -House Plus reimburse City for actual cost Plus reimburse City for actual cost Negative Declaration - With Consultant Negative Declaration - With Consultant 10% of Consultant fee 10% of Consultant fee Plus reimbuse City for actual cost Plus reimburse City for actual cost 29 Mitigation Monitoring Mitigation Monitoring Program Fee due upon submission of site plan review Fee due upon submission for Plan Check Mitigation Monitoring 30 Medical Marijuana Medicinal Cannabis -Retail Reg. Appl. (Ph 1) Registration Application 31 Adult -Use Retail Cannabis Reg Fee Comm. Cannabis Adult -Use Retail Reg. App. (Phase 1) Fee 32 Adult -Use Retail Regulatory Safety Permit Comm. Cannabis Adult -Use Retail RSP (Phase 2) Fee 33 Historic Exterior Modification (HEMA) Historic Exterior Modification Application (HEMA) 34 Self -nomination of properties to the Santa Ana Historic Register Categorization/Application Register of Historical Properties Proposals to Modify Existing Fees FY 2020-21 Parks. Recreation. and Community Services Agency 9. Show Mobile-Towina Fee Existing Fee: $230 Proposed Fee: $380 This fee is the cost that the City pays a towing company to move the show mobile to a location and back. ($190 each way) Police Department 10. Street Closure Permit/ Accelerated Processina Fee Fee Name Unit Existing Proposed Street Closure Permit Per Permit Fee: $168.68 Fee: $0.00 Street Closure Permit- Small Events (One City block; less Per Permit* $0.00 $272.12 than 100 people) Street Closure Permit- Medium Size Events (1-2 City Per Permit* $0.00 $816.35 blocks, and less than 1,000 people) Street Closure Permit- Large Events (2+ City blocks, Per Permit* $0.00 $2,721.15 intersections, or lanes of traffic, or more than 1,000 people) *In the event, the permit needs to be expedited the actual cost of additional resources will be applied. This fee will be charged to public requesting a Street Closure Permit. Fee is also being modified to include three tiers (event size) and cost has been updated based on the size of the event. Public Works Agency 11. Sewer Connection Fee Existing Fee: $111.49 Proposed Fee: $49.00 This fee reduction is based on the most recent Water Rate Study, which used the California Plumbing Code Table 702.1, and the average fixture count for Santa Ana homes. 75A&2-90 LS 6.16.20 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2020-2021 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Each year, for the convenience of the public, the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon those persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2020-2021 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2020-2021, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 3.67%, so that certain proposed fees for Fiscal Year 2020-2021 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumer Price Index -All Urban Consumers Component for the Los Angeles -Riverside -Orange County area (CPI) in a twelve-month period ending December 31, 2019. E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 3.67% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 3.67% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. Similarly, in a few limited circumstances, agencies have determined that the fee should be deleted; new charges should be added or modified; or, existing charges raised beyond this 3.67%. Such charges are listed in the 'Proposed New Miscellaneous Fees' and 'Proposal to Modify Existing Resolution No. 2020-xx 75A-2-91 Page 1 of 3 LS 6.16.20 Fees', attached to the staff report submitted for this matter and made a part hereof by this reference. F. In order to have a single comprehensive document for Fiscal Year 2020- 2021, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. G. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. H. Based upon the testimony, reports and other evidence submitted on this matter, this City Council makes the above -specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2020-2021 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2019-038 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2019-038 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall be operative from and after July 1, 2020. Resolution No. 2020-xx 75A-2-92 Page 2 of 3 LS 6.16.20 ADOPTED this 16th day of June, 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on June 16, 2020. Date: Clerk of the Council City of Santa Ana Resolution No. 2020-xx 75A-2-93 Page 3 of 3 This Page Intentionally Left Blank 75A-2-94 Summary of FY 2020-21 Proposed Miscellaneous Fees Schedule Changes 75A-2-95 Proposals to Delete Fees FY 2020-21 75A-2-96 Proposals to Delete Fees FY 2020-21 Parks, Recreation, and Community Services Agenvy 1. Aquatic Fees (7 fees) Existing Fee: (see table below) Proposed Fee: Delete fees associated to aquatics. The City entered into a contract with an Aquatic Programs Operator. Included in the terms of the contract, the operator will collect all fees and provide all staffing. REVENUE ACCOUNT ADOPTED DCPARTMCNIMISCELLANCO US FEE OR SERVICE MIT FY 1420 PROPOSED FY 20-21 SECTION VU FEB PARKS, RECREAJH]N&COMMUNER SERVICES FEES ,'An, A@UAn6 �'A DELETE 50-4" '-- "'.'.n.—'. �,.`h"��-�'- Fre i:9B DELETE ";0' R"s A.'f ReL-Heuf ii{8B . -�"t Re,-Neuf 116.AB DELETE DELETE 3 30 P., 4-4 Rer-Haar 1% .-RRmot Re' -Neuf 19' DELETE DELETE .&VO'' a �ddIi` ^^^vy.2 Re, -Neu[ 2C.W DELETE 2. Tennis Fees (5 fees) Existing Fee: (see table below) Proposed Fee: Delete fees associated to Tennis The City entered into a contract with a Tennis Operator. Included in the terms of the contract, the operator will collect all fees and be responsible for all maintenance costs. REVENUE ADOPTED PROPOSED ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FYI4W FY 20-21 FEES FEES SECTION VII PARKS, RECREATION & COMMUNITYSERVICES 533394, GiNGN-NGLNbiAGM-GALI{AJFi gam-Opm �Per-Naas 298 DELETE 4PNFAw.1 Per -Maus DELETE PeFHanr DELETE 94449 T ^^ R,, P-FH—F 4e DELETE .�... ReFkeus DELETE 75A-2-97 Proposals to Delete Fees FY 2020-21 Planning and BuildinaAyenov 3. Conditional Use Permit (CUP) -Coffee House Entertainment Existing Fee: $5,545.38 Proposed Fee: None This fee is no longer needed or used. This type of CUP was supplanted when the City adopted its revised alcohol and entertainment ordinance, Ordinance NS-2847, on 5 Aug. 2013. 4. Entertainment Permit CateP-ory 2 Existing Fee: $422.22 Proposed Fee: None Already included in LUC - Ancillary Message Establishment, Cat. 2 ENT. Fee. When the City adopted its revised alcohol and entertainment ordinance, Ordinance NS-2847, on 5 Aug. 2013, this was set to match the existing LUC fee. 5. Entertainment Permit Categgy 3 Existing Fee: $422.22 Proposed Fee: None Already included in LUC - Carnival, Music, Arcade, ABS, Cat. 3/4 Ent. fee. When the City adopted its revised alcohol and entertainment ordinance, Ordinance NS-2847, on 5 Aug. 2013, this fee was set to match the existing LUC fee. 6. Entertainment Permit Cateaory 4 Existing Fee: $757.14 Proposed Fee: None Already included in LUC - Carnival, Music, Arcade, ABS, Cat. 3/4 Ent. fee. When the City adopted its revised alcohol and entertainment ordinance, Ordinance NS-2847, on 5 Aug. 2013, this fee was set to match the existing LUC fee. 7. Parcel Map Extension Existing Fee: 20% App. Fee Proposed Fee: None The fee will be bundled into the new Entitlement Application Extension Fee. 8. Variance Condition Modification Existing Fee: 50% App. Fee Proposed Fee: None This fee will be bundled with modified Entitlement Condition Modification Fee. 9. General Plan (Complete Text) Existing Fee: Actual Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 75A-2-98 Proposals to Delete Fees FY 2020-21 CONTINUE -Planning and Building ency 10. General Plan Elements (Text) Existing Fee: Actual Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 11. General Plan Workbooks Existing Fee: Actual Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 12. Land Use Map Existing Fee: Actual Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 13. Sale of Miscellaneous Items Existing Fee: Actual Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 14. Sectional Districts Maps (Individual. Complete) Existing Fee: Actual Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 15. Subdivision Ordinance Existing Fee: City's Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 16. Zonina Ordinance Booklets Existing Fee: City's Cost Proposed Fee: None This fee will be bundled with modified Copies of Maps, Documents, Graphs, or Special Work. 75A-2-99 Proposals to Delete Fees FY 2020-21 CONTINUE - Planning- and Building P,aencv 17. Various Pipeline Fees (119 fees) Existing Fee: See attached table for all pipeline fees Proposed Fee: None These fees are no longer applicable; these are remnant fees from the previous fee schedule that existed prior to the fee study/update in 2009. These old fees applied to existing projects in the "pipeline" that were in development at the time of the fee study. We do not have any more "pipeline" projects since more than 10 years have passed since the fee study. These fees no longer apply to any current or new projects. 75A-2-100 Proposals to Delete Fees FY 2020-21 CONTINUE - 17. Various Pipeline Fees ( PROPOSAL TO DELETE PIPELINE FEES SECTION IX MISCELLANEOUS FEE ADOPTED FY 19-20 PROPOSED FY 20-21 c.._,....:,. WaiveF of c.,. ,...c,.... Rg ,..�,...,._,.d. Fes .,�r.�ed �, tie r..,,. a c,. ea^P R and State __vim-e.dima� REFUNDS fees ...a.. 6e made to t6..........1.... .a' ... ono/ ...d 1 ..c. 6.... e F m i.,..d hr _6.._b c.... 2 "..eA266'iT�..me�e, -�e.ve.i..m=�-e�Ta^�T� Via. if ..im _4261k f22 4,. tie__ _„d ,..d .4,...l,..:....:.4d.,..... ,.h,._l, fees ..., tie wade to the pepmitta�eHRt eqHai 49-98 DELETE r } 686 a A 99ST. _ c___._k...__i. .._ _..__.i__. ........... .....,..,....bH..,. (Zi.., c.. _,.... ., u., e9 '^� DELETE c'� &1693 71606 RiNAkT*X ,aadddk.;,. to t. . ;,..,,..mat;,.., fee and FegHiaF pepmit fee,,a cT_ _k_u �_ ___ d �Ht _ __ Ease less .�__ " DELETE 54694 i)(PE9 @b9&: P-F.-RH 69.4 DELETE 75A-2-101 Proposals to Delete Fees FY 2020-21 CONTINUE - 17.Various Pipeline Fees (119 fees) PROPOSAL TO DELETE PIPELINE FEES SECTION IX MISCELLANEOUS FEE ADOPTED FY 19-20 PROPOSED FY 20-21 6ik4f e fee a,. a pepm4 s e,.meli..L, stpwet eghall Ri�H.., hUne:......,.....:. f22 ,.a me To q89-57 DELETE .6..a..-60 ..{.6.. 0....an MwRisipal QG12 PBF.6.. ptRR...a....L.a11 .I.... L.eRd I.... I.....L.a.. $1,000 pep �Hiidwg. IN SiRgi _ <W ily d .._In__ __.1 __-___ -hall L_ 6g69} 904.14 DELETE. 6ik4} 4493.92 DELETE 44491- b2 Ea u:e €aela !RspestieR feF.....-. pes !seated awtside f t4e Cit.. Per Mile - - P- 4Re: 693.BB 494-9; 9?94 d9B.;7 DELETE DELETE DELETE DELETE 44699 nnmvenn.an _ AR applisatieR .. fee and p .1.,.-I,i,... fe2gl.,ll be sqHap.. feet ...ice ...L.......( [ aRy ..Ia....I..... �....A...1. e. La.iie.... L. eel. fee rvc.L.aII L. ....eqWiFed &1691- A4WAQ96A4PXQQRM �ae'�'^^' 4-99 DELETE y3e9B 75A-2-102 Proposals to Delete Fees FY 2020-21 CONTINUE - 1Z Various Pipeline Fees 119 ees PROPOSALTO DELETE PIPELINE FEES SECTION IX MISCELLANEOUS FEE ADOPTED FY 19-20 PROPOSED FY 20-21 41-64} f4. pteF 16 ..i.l.... O w it Ai._.-f.. d.. .. iR a .. A_.__.....:.I.. f._.e be tl a __.i._I _.....'.._i.. ed L....I.... fit.. i......_L.......:_.. _._d crtp�m—.cv^v �pI LL e paid ::.. ad ethep ap..li_aL.I. fees listpd hpFpiR - Eaeii PF9J2G 4949 DELETE 33641- GWAN4Eaehe 98,19 DELETE 24414 u...:_e of v:,.la.,... ,.. 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Various Pipeline Fees (119 fees) PROPOSAL TO DELETE PIPELINE FEES SECTION IX MISCELLANEOUS FEE ADOPTED FY 19-20 PROPOSED FY 20-21 &149g o!RspestieRs..ia,.,.a..,. _.,i �. .. hew.. rn he . Aspeetim. 499-94 DELETE o'er o ,.n fee assessed a Rd,..,....iisa, ,....,...;.4,.. tee. 499-W DELETE r ...a,.....r.:,.hAg fee :S Sp2.;aeally indiea.,.a Pe. 409-94 DELETE 5� 94) naa:.:enai..ianFeV:,.WFe :.,.a by eliaRg,.. ,aa;.;eRg OF tee. 499.9;t DELETE 75A-2-112 Proposed New Miscellaneous Fees FY 2020-21 75A-2-113 Proposed New Miscellaneous Fees FY 2020-21 Planning and Building ency 1. Entitlement Application Extension Existing Fee: None Proposed Fee: $2,508.32 SAMC Sec. 41-647 provides for entitlement extensions up to three years from the original two- year expiration time -frames. Extension requests must be considered by the City Council, which requires preparation of an RFCA and staff time. This fee reflects staff time spent preparing the RFCA for City Council consideration. 2. Historic ReOster Removal/Demolition Existing Fee: None Proposed Fee: $5,739.81 SAMC Sec. 3-7 provides for requests to demolish properties on the historic register. These requests must be considered by the Historic Resources Commission, which requires preparation of a staff report and staff time. This fee reflects staff time spent preparing the RFCA for City Council consideration. Public Works Agency 3. Water Capacity Fees Existing Fee: None Proposed Fee: See table Calculated 5/8" CapacityMeterSize $930 3/4" $1,395 1" $2,325 1.5" $4,650 2" $7,440 3" $16,275 4" $27,900 6" $62,775 This new impact fee was a recommendation of the 2019 Water, Recycled Water, & Sewer Rate Study, and will be charged to all new developments where a connection to the City's water system will be established. There is currently no fee for this procedure within the Water Resources Division. This differs from the "Install New Water Service Meter" fee in that it is designed to fund the entirety of the water delivery infrastructure, notjust the water meter hardware. The fees shown in the table below are calculated based on the demand the customer will place on the system, which is measured by size of the customer's water meter. 75A-2-114 Proposed New Miscellaneous Fees FY 2020-21 CONTINUE - Public Works Agency 4. Annual Small Cell Compliance Inspection & Program Oversiaht Fee Existing Fee: None Proposed Fee: $258.71 This is a partial labor cost recoveryfee for the newly instituted small cell antenna program. It includes cost recovery for yearly inspections of the small cell antennas on City facilities and the administrative functions required to carry out that task. 5. Capital Improvement Program (CIP) Construction Permit Deposit Existing Fee: None Proposed Fee: $349.19 + up to 8.75% of Contract Amount A fee (deposit) will be charged to issue a Construction Permit to contractors before starting work on a City Capital Improvement Program project. The fee is to cover the cost of the City to perform administration of the City's Construction Workforce Agreement (CWA). The actual and final fee will be calculated and reconciled with the amount on deposit after completion of each construction project, and the contractor will be refunded any unused amount on deposit, or Contractor shall pay the City the any amount due. The final fee shall be based on the cost of city staff time or a consultant to administrate the CWA for each corresponding project. Staff time will be on approved hourly cost recovery rates. Consultant costs shall be based on actual time billed against each project at approved consultant rates. 75A-2-115 Proposals to Modify Existing Fees FY 2020-21 75A-2-116 Proposals to Modify Existing Fees FY 2020-21 Finance & Management Services 1. Utility Service Set-up- Limitations on Reconnection Fees After hours Turn On or Turn Off Fee Each $160.55 After hours Turn On or Turn Off Fee - limit consolidated fee during regular business hours (low-income qualified pursuant to SAMC39-22 (b) and (d)J Meter Turn On or Meter Turn Off Fee Meter Turn On or Meter Turn Off Fee - limit consolidated fee during non -regular business hours (low-income qualified pursuant to SAMC39-22 (b) and (d)J The recently adopted COSA Residential Water Service Discontinuation Policy to comply with California SIB 998 "Water Shutoff Protection Act" requires the City to set "Limitations on Reconnection Fees" for low-income customers who meet the requirements of Section 5 of the policy. Planning and Building ency 2. Change of Incorrect Address Existing unit: per project Proposed unit: per permit The unit will change to "per permit' instead of "per project'. Previously, one project equated to one permit fee. Now, one project could have more than one permit fee. 3. Change of Owner or Contractor Existing unit: per project Proposed unit: per permit The unit will change to "per permit' instead of "per project'. Previously, one project equated to one permit fee. Now, one project could have more than one permit fee. 75A-2-117 Proposals to Modify Existing Fees FY 2020-21 CONTINUE- Planning and Building envy 4. Entitlement Condition Modification Existing names: a) Condition Modification fee b) Variance Condition Modification fee Proposed name: Entitlement Condition Modification The Condition Modification fee and the Variance Condition Modification fee will be combined to Entitlement Condition Modification fee. 5. Copies of Maps. Documents. Graphs. or Special Work Existing names: a) Aerial Photos (Individual Sheets, Complete Set) b) General Plan Elements (Text) c) General Plan (Complete Text) d) General Plan Workbooks e) Land Use Map f) Sectional Districts Maps (Individual Sheets, Complete Set) g) Subdivision Ordinance h) Zoning Ordinance Booklets i) Sale of Miscellaneous Items Proposed name: Copies of Maps, Documents, Graphs, or Special Work Proposed Fee: Actual Cost All miscellaneous fees related to copies of maps, documents, graphs, and other special work that need to be printed and prepared will be combined 6. Historic Property Preservation Agreement (Mills Act Application) Current amount: $3,589.14 Proposed amount: $2,500.00 As a result of City Council and Historic Resources Commission input, and in an effort to promote the preservation of historic resources throughout the City, the City Council has directed staff to revise the fee to encourage the rehabilitation and preservation of more eligible structures. The reduced fee will assist in achieving this goal. 75A-2-118 Proposals to Modify Existing Fees FY 2020-21 CONTINUE -Planning and Building ency 7. Self -nomination of properties to the Santa Ana Register of Historical Properties Proposed name: Historic Register Categorization/Application Current amount: $3,589.14 Proposed amount: $500.00 As a result of City Council and Historic Resources Commission input, and in an effort to promote the preservation of historic resources throughout the City, the City Council has directed staff to revise the fee to encourage the listing of eligible resources to the City's Register of Historical Resources. The reduced fee will achieve this goal by encouraging property owners that own potentially eligible structures to self -nominate their properties to the register. 8. Modified: Fee Names (see attach listing of 34 fees) The following miscellaneous fee names have been modified to be consistent across the Misc Fee Schedule, online planning misc fees sheet, and internal land management system. 75A-2-119 Proposals to Modify Existing Fees FY 2020-21 CONTINUE - 8. Modified: Fee Names # Adopted FY 19-20 Fee Name Proposed FY 20-21 Fee Name 1 Appeal Appeal (Applicant) Applicant Appeal (Non -Applicant) Non -Applicant 2 Amendment Application (A.A) Amendment Application (Zone Change) Change of Zone or District 3 Conceptual Review "First Look" Fee Conceptual Review "First Look" 4 Conditional Use Permit Conditional Use Permit Application Fee 5 Conditional Use Permit Conditional Use Permit - ABC (PC&N Included) With a PC&N Determination (ABC License) 6 Conditional Use Permit Conditional Use Permit - Planned Residential Planned Residential Development Development Application Fee 7 Development Agreement Review/Deposit Development Agreement/Review Deposit: (Nonrefundable deposit required Deposit: (Nonrefundable deposit required initially) initially) Plus Reimburse City for Actual Cost Plus Reimburse City for Actual Cost 8 General Plan Amendment General Plan Amendment Application Flat Filing Fee 9 Land Use Certificate LUC - Child Care (8-14 Children) Category 1 LUC - Fiesta & Rummage, Parking Lot Sale, Bazaars, Fiestas, Sidewalk Sales, Outdoor Auctions, Auction Child Care (8-14 children), Ancillary Massage LUC - Seasonal 10 Category 2 LUC -Ancillary Massage Establishment, Cat. 2 Side Walk Sales, Parking Lot Sale, Outdoor Auctions, Mobile Medical and Veterinary units, Ent. LUC -Outdoor Vending Machine Outdoor Booths 11 Category 3 Carnival, Cicrus, Outdoor Music, Concert, LUC - Carnival, Music, Arcade, ABC, Cat. 3/4 Ent. Arcade, Temporary ABC Licenses Flat Fee 12 Category 4 Antennas/Dishes LUC - Antenna/Dish Flat Fee 75A-2-120 Proposals to Modify Existing Fees FY 2020-21 CONTINUE - 8. Modified: Fee Names Adopted FY 19-20 Fee Name Proposed FY 20-21 Fee Name 13 Category 5 Exterior Telephones (Pay Phones) LUC - Exterior Phone 1st Phone First Pay Phone LUC - Ext. Phone Add4 Per Each Per Additional Pay phone 14 Category 6 LUC -Recycling Facility (Small) Small Collection (Recycling) Facilities 15 Landscape Plan Review Landuse Plan Review - Single Family/Duplex Single Family or Duple Landuse Plan Review - Triplex/Townhouse/Multi Triplex, Townhouse, or Multiple Family Landuse Plan Review - Mixed Use/Non- Mixed Use or Non-residential residential Per Inspection after the 2nd Inspection Landuse Plan Review - Per Insp, After 2nd Insp 16 Lot Line Adjustment Lot Line Adjustment Application Filing Fee 17 Minor Exception Minor Exception Application Filing Fee 18 Off -Premise Advertising (Billboard) Permit Off -Premise Advertising (Billboard) Permit Application Fee Application 19 Parcel Map Parcel Map Tentative Filing Fee Flat Filing Fee Additional Fee Per Lot Plus per Lot Fee 20 Voluntary Lot Merger Application Fee Voluntary Lot Merger Application 21 Residential Relocation Residential Relocation application Filing Fee 22 Second Dwelling Unit Review Accessory Dwelling Unit Review 23 Specific Development Zone Specific Development Zone Application F Fee (No Additional Dwelling Unit Fee) 24 Development Project Review (Site Plan Review) Development Project Review 25 Tract Map Tract Map Tenative Filing Filing Fee Additional Fee per Lot Plus Each Lot Additional Fee per Dwelling Unit Plus Each Dwelling Unit 26 Variance Variance Filing Fee Application 5A-1-1 Z 1 Proposals to Modify Existing Fees FY 2020-21 CONTINUE - 8. Modified: Fee Names Adopted FY 19-20 Fee Name Proposed FY 20-21 Fee Name 27 Environmental Impact Report Environmental Impact Report - In -House Environmental Impact Report - In -House Plus reimburse City for actual cost Plus reimburse City for actual cost Environmental Impact Report - With Consultant Environmental Impact Report - 10% of 10% of Consultant fee Consultant fee Plus reimbuse City for actual cost Plus reimburse City for actual cost 28 Negative Declaration - In -House Negative Declaration - In -House Plus reimburse City for actual cost Plus reimburse City for actual cost Negative Declaration - With Consultant Negative Declaration - With Consultant 10% of Consultant fee 10% of Consultant fee Plus reimbuse City for actual cost Plus reimburse City for actual cost 29 Mitigation Monitoring Mitigation Monitoring Program Fee due upon submission of site plan review Fee due upon submission for Plan Check Mitigation Monitoring 30 Medical Marijuana Medicinal Cannabis -Retail Reg. Appl. (Ph 1) Registration Application 31 Adult -Use Retail Cannabis Reg Fee Comm. Cannabis Adult -Use Retail Reg. App. (Phase 1) Fee 32 Adult -Use Retail Regulatory Safety Permit Comm. Cannabis Adult -Use Retail RSP (Phase 2) Fee 33 Historic Exterior Modification (HEMA) Historic Exterior Modification Application (HEMA) 34 Self -nomination of properties to the Santa Ana Historic Register Categorization/Application Register of Historical Properties 75A-2-122 Proposals to Modify Existing Fees FY 2020-21 Parks. Recreation. and Community Services Agency 9. Show Mobile-Towina Fee Existing Fee: $230 Proposed Fee: $380 This fee is the cost that the City pays a towing company to move the show mobile to a location and back. ($190 each way) Police Department 10. Street Closure Permit/ Accelerated Processina Fee Fee Name Unit Existing Proposed Street Closure Permit Per Permit Fee: $168.68 Fee: $0.00 Street Closure Permit- Small Events (One City block; less Per Permit* $0.00 $272.12 than 100 people) Street Closure Permit- Medium Size Events (1-2 City Per Permit* $0.00 $816.35 blocks, and less than 1,000 people) Street Closure Permit- Large Events (2+ City blocks, Per Permit* $0.00 $2,721.15 intersections, or lanes of traffic, or more than 1,000 people) *In the event, the permit needs to be expedited the actual cost of additional resources will be applied. This fee will be charged to public requesting a Street Closure Permit. Fee is also being modified to include three tiers (event size) and cost has been updated based on the size of the event. Public Works Agency 11. Sewer Connection Fee Existing Fee: $111.49 Proposed Fee: $49.00 This fee reduction is based on the most recent Water Rate Study, which used the California Plumbing Code Table 702.1, and the average fixture count for Santa Ana homes. 75A-2-123 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 U11 TITLE: APPROVE PRE -PAYMENT FOR THE CITY'S CONTRIBUTION TO BOTH THE MISCELLANEOUS AND SAFETY EMPLOYEE PENSION UNFUNDED LIABILITY FOR FY 2020-21 FOR A TOTAL AMOUNT NOT TO EXCEED $47,964,199 (GENERAL FUND AND NON -GENERAL FUND) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2i1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Approve a $22,612,766 pre -payment for the City's annual Unfunded Actuarial Liability to California Public Employees Retirement System (CaIPERS) — Miscellaneous Plan for Fiscal Year 2020-21, to save $778,061. 2. Approve a $25,351,433 pre -payment for the City's annual Unfunded Actuarial Liability to California Public Employees Retirement System (CaIPERS)— Safety Plan for Fiscal Year2020- 21, to save $872,293. DISCUSSION The City provides a defined benefit pension plan to its employees, managed by CaIPERS. As employees provide service and accrue service credit, the City incurs a liability. Contributions from both the City and employees offset the liability. When the contributions (plan assets) are less than the accrued liability, there is an unfunded pension liability. This happens when actual plan performance does not meet CaIPERS assumptions, such as the investment earnings rate and retiree mortality. The unfunded liability is a debt of the City, as the defined benefit plan is a promise of future pension payments to employees. The unfunded liability for both plans are as follows: Plan Type Safety (Police and former Fire) Miscellaneous (all other employees) Unfunded Liability Amount at 6/30/18 $388.0 million $293.1 million The City will receive an update on its Unfunded Liability amount as of June 30, 2019 during the summer of 2020. Each year, CaIPERS requires the City to make a payment on the unfunded 75A-3-1 Approval to Pre -Pay the City's Safety Plan Unfunded Actuarial Obligations June 16, 2020 Page 2 liability (UL). One way to reduce the City's cost is to pay the entire annual contribution in July, rather than spreading the contribution equally over 12 months. If the City chooses to pay the entire contribution by July 315t, the contribution is reduced as follows: Plan Type UL Pre -Pay Amount Savings Miscellaneous $22,612,766 $ 778,061 Projected Savings $1,650,354 FISCAL IMPACT The proposed FY20-21 budget includes an assumption that the City will make the pre -payment, resulting in an estimated net savings of $1,352,496 ($1,650,354 savings, less approximately $297,858 reduced investment income). The General Fund is the primary source for unfunded liability payments. Restricted funds pay for less than one-third of the contributions for miscellaneous employees. Accounting Unit Fund Accounting Unit, Fiscal Year — Account No. Description Account No. Amount Description Miscellaneous Plan Unfunded Liability FY 2020-21 01105020-61102 General Fund (UAL), Retirement — $16,265,880 Employer Unfunded - Miscellaneous Unfunded Liability FY 2020-21 Various (Non Various (Non (UAL), Retirement — $6,346,886 General Fund) General Fund) Employer Unfunded - Miscellaneous Total $22,612,766 Safety Plan Unfunded Liability FY 2020-21 01105020-61103 General Fund (UAL), Retirement - $17,085,890 Employer Unfunded - Police 01105020-61104 General Fund Unfunded Liability $8,265,543 FY 2020-21 (UAL), Retirement - Employer Unfunded - Fire Total $25,351,433 AT:SV 75A-3-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2020 TITLE PUBLIC HEARING: ADOPT A RESOLUTION FOR A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS FROM 9TH STREET TO 16TH STREET (PROJECT NO. 15-6827) (NON -GENERAL FUND) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2i1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For ,K•�►nl►tr».ic•� /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution approving the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Fairview Bridge Replacement and Street Improvements from 9th Street to 16th Street Project. 2. Approve the Fairview Bridge Replacement and Street Improvements from 9th Street to 16th Street Project. DISCUSSION Fairview Street is integral to the regional transportation system with the portion of Fairview Street south of the Fairview Street Bridge at the Santa Ana River providing three lanes of vehicle travel in each direction. The long-term plan is to extend the three lanes through the Fairview Street Bridge to provide continuous three -lane regional connectivity. The existing Fairview Street Bridge is only two lanes in each direction and requires significant safety and structural upgrades. In addition, the bridge does not have sidewalks, bike -lanes, or lighting to support multi -modal connectivity. The existing bridge condition causes a traffic "bottleneck" during peak hours. The Fairview Bridge Replacement and Street Improvements from 9th Street to 16th Street Project (Project) consists of improving pedestrian and bicyclist safety, reducing congestion on Fairview Street between 9th Street and 16th Street, and achieving consistency with the Orange County Master Plan of Arterial Highways and the City's General Plan Circulation Element. The proposed project would widen Fairview Street from two lanes to three lanes in each direction, and add a 75B-1 Adopt Resolution approving MND and MMRP June 16, 2020 Page 2 bridge deck, barrier rails, sidewalks, bicycle lanes, a raised median, and lighting to improve traffic flow and provide a safer, more comfortable walking experience for the community, Approval of the Project along with the adoption of a resolution (Exhibit 1) approving the Initial Study/Mitigated Negative Declaration (IS/MND) (Exhibit 2) and the Mitigation Monitoring and Reporting Program (Appendix D of Exhibit 2) will allow the City to pursue funding to complete right- of-way work in preparation for the construction phase of the project. These actions will complete the environmental phase of the Fairview Bridge Replacement and Street Improvements from 9th Street to 16th Street Project. ENVIRONMENTAL IMPACT The proposed Project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000 et seq.). As such, an IS/MND was prepared for the Project and filed with the State Clearinghouse No. 2020049015. The purpose of an IS/MND is to identify the Project's effects on the environment and to indicate the manner in which those effects can be mitigated or avoided. The project would result in no impacts to agriculture and forestry resources, land use and planning, mineral resources, tribal cultural resources, and wildfire. The project would result in less than significant impacts to, energy, greenhouse gas emissions, population and housing, and recreation. With mitigation, the project would result in less than significant impacts to aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, public services, traffic, and utilities and service systems. On April 6, 2020, the draft IS/MND was released for a 30-day public comment period ending on May 12, 2020, and the notice of intent was posted on the project information page on the City's website. The draft IS/MND was also made available for public review on the City's website. Comments were received and responded, but none would result in an impact or require a mitigation measure (Appendix F of Exhibit 2). The following table summarizes the project notification and outreach: Public Notification & Community Outreach Notification by mail Notification was mailed to all property owners/occupants within 500 feet of the project site, and interested parties, on April 6, 2020. Public Outreach Video presentation was posted on City's website on April 20, 2020. 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). 75B-2 Adopt Resolution approving MND and MMRP June 16, 2020 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. NS/EWG/JG/KN Exhibits: 1. Resolution 2. Initial Study / Mitigated Negative Declaration (IS/MND); Technical Appendices • Appendix D — Mitigation Monitoring and Reporting Program • Appendix F — Comments Letter Received (may be reviewed at: https://www.santa-ana.orq/pw/fairview-bridge-replacement- and-street-improvements) 75B-3 jmf 5/26/20 RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET) PROJECT 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. To improve pedestrian/bicyclist safety and traffic flow on and in the vicinity of the Fairview Street bridge, the City proposes to replace the Fairview Street bridge over the Santa Ana River and widen Fairview Street between 9th Street and 16th Street ("Project'). B. The Project includes replacing the Fairview Street bridge over the Santa Ana River and widening Fairview Street between 9th Street and 16th Street. Fairview Street will be widened from two lanes in each direction to three lanes in each direction in Santa Ana. The Fairview Street bridge will be replaced with a new six -lane bridge (three lanes in each direction), including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised median, and lighting. C. The bridge will be expanded from approximately 52 feet to 100 feet in width and will have the same roadway profile as the existing bridge. D. Fairview Street would remain open during the construction period with two southbound lanes and one northbound lane, with lanes shifted to one side of the bridge while the other side is replaced. Therefore, no detours would be required for vehicles traveling along Fairview Street. Access to properties would be maintained. Pedestrians and bicyclists would be detoured accordingly. E. Construction of the Project is anticipated to begin in 2022, following funding and completion of right-of-way acquisition. F. The Project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) and the state CEQA Guidelines. Through its consultant, the City prepared an Initial Study/Mitigated Negative Declaration ("IS/MND") for the Project. With respect to each of the pertinent environmental factors, the Project was found to have (1) a less than significant impact with mitigation incorporated, (2) a less than significant impact with no mitigation, or (3) no impact. Mitigation measures are set forth in the Mitigated Negative Declaration and will be implemented using the related Mitigation Monitoring and Reporting Program accompanying the Final IS/MND in order to avoid or minimize adverse environmental impacts identified therein. Resolution No. 2020-XXX Page 1 of 3 75B-4 jmf 5/26/20 G. In accordance with California Pubic Resources Code section 21091 and State CEQA Guidelines Section 15073, the Initial Study/Mitigated Negative Declaration for the Project was circulated for a public review and comment period from April 6, 2020 to May 12, 2020. It was also made available for public review on the City's website at https://www.santa-ana.orq/pw/fairview-bridge-replacement-and-street-improvements. Public comments were received and have been addressed as part of the Final Initial Study/Mitigated Negative Declaration ("Final IS/MND") and are incorporated herein by reference. H. On June 16, 2020, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to the Final IS/MND and the related Mitigation Monitoring and Reporting Program for the 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. Section 2. The City Council has independently reviewed and analyzed the information contained in the Final Initial Study/Mitigated Negative Declaration prepared for the Project. The City Council has, as a result of its consideration and the evidence presented at the hearing on this matter, determined that, as required pursuant to the California Environmental Quality Act and the State CEQA Guidelines, the Final IS/MND adequately addresses the expected environmental impacts of the Project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the Project will have a significant impact on the environment. Section 3. The City Council hereby adopts the Final IS/MND and the related Mitigation Monitoring and Reporting Program, a copy of which is available at https://www.santa-ana.orq/pw/fairview-bridge-replacement-and-street-improvements, and directs that a Notice of Determination be prepared and filed with the Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, including but not limited to: the Request for Council Action dated June 16, 2020, and exhibits attached hereto, and any public testimony, written and oral, all of which are incorporated herein by this reference. The Final IS/MND is available for viewing at the City's Public Works Agency at 20 Civic Center Plaza, Santa Ana, CA 92702. Section 4. The City Council has determined that, after considering the record as a whole, there is no evidence that the Project will have the potential for any significant adverse effect on fish and wildlife. However, the payment of Fish and Game Department filing fees in conjunction with this project is at the ultimate determination of the California Department of Fish and Wildlife. 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. Resolution No. 2020-XXX Page 2 of 3 75B-5 jmf 5/26/20 ADOPTED this day of , 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney (John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Is] a:49la1a_lrx.1y_l1111*1r_lIIQkiwil,i exelN m Ilk r_lIkwo I, DAISY GOMEZ, Clerk of the Council do hereby attest to and certify the attached Resolution No 2020-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date Clerk of the Council City of Santa Ana Resolution No. 2020-XXX Page 3 of 3 75B-6 EXHIBIT 2 PROPOSED FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET) PROJECT SANTA ANA, ORANGE COUNTY, CALIFORNIA r LSA May 2020 75B-7 This page intentionally left blank 75B-8 PROPOSED FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET) PROJECT SANTA ANA, ORANGE COUNTY, CALIFORNIA Submitted to: Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, California 92701 Prepared by: LSA 20 Executive Park, Suite 200 Irvine, California 92614 (949)553-0666 LSA Project No. WKE1702 LSA May 2020 75B-9 This page intentionally left blank 75B-10 NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA PPOREGT SANTA ANAL CALIFOPHIA TABLE OF CONTENTS FIGURES AND TABLES TABLE OF CONTENTS .................................................................................................................. i ................................................................................................................. LIST OF ABBREVIATIONS AND ACRONYMS............................................................................................ iii 1.0 PROJECT INFORMATION................................................................................... 1-1 2.0 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED. ...... 2-1 2.1 Determination...................................................................................................................2-1 3.0 CEQA ENVIRONMENTAL CHECKLIST.................................................................. 3-1 3.1 Aesthetics..........................................................................................................................3-1 3.2 Agriculture and Forestry Resources..................................................................................3-4 3.3 Air Quality.........................................................................................................................3-6 3.4 Biological Resources........................................................................................................3-16 3.5 Cultural Resources..........................................................................................................3-30 3.6 Energy..............................................................................................................................3-34 3.7 Geology and Soils............................................................................................................3-37 3.8 Greenhouse Gas Emissions.............................................................................................3-44 3.9 Hazards and Hazardous Materials..................................................................................3-48 3.10 Hydrology and Water Quality.........................................................................................3-53 3.11 Land Use and Planning....................................................................................................3-67 3.12 Mineral Resources...........................................................................................................3-69 3.13 Noise................................................................................................................................3-71 3.14 Population and Housing..................................................................................................3-86 3.15 Public Services.................................................................................................................3-88 3.16 Recreation.......................................................................................................................3-91 3.17 Transportation................................................................................................................3-93 3.18 Tribal Cultural Resources..............................................................................................3-104 3.19 Utilities and Service Systems.........................................................................................3-106 3.20 Wildfire..........................................................................................................................3-111 3.21 Mandatory Findings of Significance..............................................................................3-113 4.0 REFERENCES.....................................................................................................4-1 099:1►111144P A: TECHNICAL REPORTS (ON CD) B: AIR QUALITY MODELING WORKSHEETS C: AREA OF POTENTIAL EFFECTS (APE) MAP D: MITIGATION MONITORING AND REPORTING PROGRAM E: NOTICE OF AVAILABILITY F: COMMENT LETTERS RECEIVED G: RESPONSE TO COMMENTS R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7n�'ml 1 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 FIGURES AND TABLES FIGURES Figure1: Project Location................................................................................................................... 1-3 Figure 2: Proposed Project.................................................................................................................. 1-5 Figure 3a: Detour for Eastern Trail Closure........................................................................................ 1-9 Figure 3b: Detour for Western Trail Closure..................................................................................... 1-11 Figure 4: Aquatic Resources.............................................................................................................. 3-17 Figure 5: Modeled Noise Barrier and Receptor Locations................................................................ 3-75 TABLES Table 3.3.A: SCAQMD Construction and Operation Thresholds of Significance (lbs/day) ................. 3-8 Table 3.3.13: Maximum Daily Project Construction Emissions without Mitigation ........................... 3-10 Table 3.3.C: Maximum Daily Project Construction Emissions with Mitigation ................................. 3-10 Table 3.8.A: Project Construction Greenhouse Gas Emissions......................................................... 3-45 Table 3.13.A: Interior and Exterior Noise Standards, dB CNEL......................................................... 3-71 Table 3.13.13: Ambient Noise Measurement Results........................................................................ 3-73 Table 3.13.C: Typical Construction Equipment Noise Levels............................................................ 3-79 Table 3.13.D: Vibration Source Amplitudes for Construction Equipment ........................................ 3-83 Table 3.17.A: Existing Intersection LOS Summary ............................................................................ 3-94 Table 3.17.13: Existing ADT Volumes and LOS................................................................................... 3-94 Table 3.17.C: 2021 Intersection LOS................................................................................................. 3-96 Table 3.17.D: 2021 ADT Volumes and Roadway Segment LOS......................................................... 3-97 Table 3.17.E: 2040 Intersection LOS................................................................................................. 3-98 Table 3.17.F: 2040 ADT Volumes and Roadway Segment LOS......................................................... 3-99 Table 3.17.G: 2040 Plus Project Fairview Street Turn Pocket Queuing .......................................... 3-100 I I 7 5r1J3M,,2)ZND\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) INITIAL STUDY/MITIGATED NEGATIVE DEC LARATi ON MAY 2020 FAIRVIEW BRIDGE REPLACE MENT AND STREET IMPROVEMENTS L S A (9TH STREET TO 16TH STREET) PROJECT SANTA ANAL CALL EORNIA LIST OF ABBREVIATIONS AND ACRONYMS °F degrees Fahrenheit AB Assembly Bill ac acre/acres ACM asbestos -containing material ACS American Community Survey of acre-feet amsl above mean sea level APE Area of Potential Effects APN Assessor's Parcel Number AQMP Air Quality Management Plan ASR Archeological Survey Report Basin South Coast Air Basin Basin 8-1 Coastal Plain of Orange County Groundwater Basin Basin Plan Santa Ana Regional Water Quality Control Board's Water Quality Control Plan BMP Best Management Practice BSA Biological Study Area C2 General Commercial CAAQS California Ambient Air Quality Standards Cal-IPC California Invasive Plant Council Caltrans California Department of Transportation CAP Climate Action Plan CARB California Air Resources Board CBC California Building Code CCR California Code of Regulations CDFW California Department of Fish and Wildlife CEC California Energy Commission CEQA California Environmental Quality Act CGP Construction General Permit CH4 methane R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7oc�'ml 3 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT SANTA ANAL CALIFORNIA City City of Santa Ana CNDDB California Natural Diversity Database CNEL community noise equivalent level CO carbon monoxide CO2 carbon dioxide CO2e CO2 equivalent CWA Clean Water Ad dB decibel dBA A -weighted decibel EIS Environmental Impact Statement FEMA Federal Emergency Management Agency FESA Federal Endangered Species Act FHWA Federal Highway Administration FIRM Flood Insurance Rate Map FMMP Farmland Mapping and Monitoring Program ft foot/feet FTA Federal Transit Administration FTIP Federal Transportation Improvement Program GC General Commercial GCC global climate change GGUSD Garden Grove Unified School District GHG greenhouse gas GSA Groundwater Sustainability Agency GSP groundwater sustainability plan HA Hydrologic Area HCM Highway Capacity Manual HCP Habitat Conservation Plan HFC hydrofluorocarbons HPSR Historical Property Survey Report HIRER Historical Resources Evaluation Report HRI Historic Resources Inventory INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 iv 70011W5 S7124ND\Final ISMND\Fairview Street Bridge Final ISMND.doC.(05/26/20) INITIAL STD DY/M ITIGATED NEGATIVE DECLARATION MAY 2020 FAIRVIEW BRIDGE REPLACE MENT AND STREET IMPROVEMENTS L S A (9TH STREET TO 16TH STREET) PROJECT SANTA ANAL CALL EORNIA HSA Hydrologic Subarea HU Hydrologic Unit ICU intersection capacity utilization in/sec inches per second ISA Initial Site Assessment IS/MND Initial Study/Mitigated Negative Declaration LACM Natural History Museum of Los Angeles County Ibs/day pounds per day LED light -emitting diode LET day -night average noise level LDq equivalent continuous sound level LID Low Impact Development Lmax maximum instantaneous noise level LOS level of service LR-7 Low -Density Residential mi mile/miles MUD Most Likely Descendant MPAH Master Plan of Arterial Highways mph miles per hour MRZ Mineral Resource Zone MT metric ton N2O nitrous oxide NAAQS National Ambient Air Quality Standards NAC Noise Abatement Criteria NADR Noise Abatement Decision Report NAHC Native American Heritage Commission NALMA North American Land Mammal Age NB noise barrier NCCP Natural Community Conservation Plan NEPA National Environmental Policy Act NES Natural Environment Study R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7ocI�'2ml 5 v L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT SANTA ANAL CALIFORNIA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 NOAA Fisheries National Oceanic and Atmospheric Administration Fisheries Service NOI Notice of Intent NOT Notice of Termination NO. oxides of nitrogen NPDES National Pollutant Discharge Elimination System NRCS Natural Resources Conservation Service NRHP National Register of Historic Places NSR Noise Study Report O Open Space Land 03 ozone OC Orange County OCFA Orange County Fire Authority OCTAM Orange County Transportation Analysis Model OHWM ordinary high water mark OPR Office of Planning and Research OS Open Space PCB polychlorinated biphenyl PFC perfluorocarbons PM2.5 particulate matter less than 2.5 microns in diameter PM10 particulate matter less than 10 microns in diameter ppm parts per million PPV peak particle velocity PRC Public Resources Code PRDs Permit Registration Documents Project Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project R1 Single -Family Residence R2 Two -Family Residence REC Recognized Environmental Condition R factor Revised Universal Soil Loss Equation RIMS root -mean -square vl 7 0Z12P5A2r&W D\Final ISMND\Fairview Street Bridge Final ISMND.doC. (05/26/20) INITIAL STD DY/M ITIGATED NEGATIVE DEC LANATI ON MAY 2020 FAIRVIEW BRIDGE REPLACE MENT AND STREET IMPROVEMENTS L S A (9TH STREET TO 16TH STREET) PROJECT SANTA ANAL CALL EORNIA ROG reactive organic gases RTP/SCS Regional Transportation Plan/Sustainable Communities Strategy RWQCB Regional Water Quality Control Board SART Santa Ana River Trail SAUSD Santa Ana Unified School District SB Senate Bill SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District sf square feet SF6 sulfur hexafluoride SGMA Sustainable Groundwater Management Act SMARA Surface Mining and Reclamation Act SMARTS Storm Water Multiple Application and Report Tracking System S02 sulfur dioxide sq mi square miles SR State Route State State of California SWPPP Storm Water Pollution Prevention Plan SWRCB State Water Resources Control Board TAC toxic air contaminant TIA Traffic Impact Analysis TMN 2.5 Traffic Noise Model Version 2.5 TMP Traffic Management Plan USACE United States Army Corps of Engineers USDA United States Department of Agriculture USFWS United States Fish and Wildlife Service VdB vibration velocity decibels VHFHSZ Very High Fire Hazard Severity Zone VMT vehicle miles traveled WDID Waste Discharge Identification Number WQMP Water Quality Management Plan R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISM ND7oc�'2ml 7 vl I L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank V I I I 7 5f1j3d1]j17&W D\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA L, OREGT SANTA ANAL CALIFOPHIA 1.0 PROJECT INFORMATION This chapter describes the proposed Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project (project) that is evaluated in this Initial Study/Mitigated Negative Declaration (IS/MND). Copies of all materials referenced in this IS/MND are available for review in the project file during regular business hours at the City of Santa Ana Public Works Agency. The IS/MND was released for public review and comment by the City of Santa Ana (City) from April 6, 2020 through May 12, 2020. Comments received on the IS/MND during this public review period are provided in Appendix F and comment responses are provided in Appendix G. 1. Project Title: Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project 2. Lead Agency Name and Address: City of Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, California 92701 3. Contact Person and Phone Number: Kenny Nguyen, P.E. Senior Civil Engineer 20 Civic Center Plaza Santa Ana, California 92701 Phone: (714) 647-5632 4. Project Location: The Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project (Project) is located in the northwestern portion of Santa Ana in Orange County. 5. Project Sponsor's Name and Address: City of Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, California 92701 6. General Plan Designation: The City of Santa Ana (City) General Plan Circulation Element designates Fairview Street as a six - lane Major Arterial. The adjacent land uses are designated Low -Density Residential (1-11-7), Open Space (OS), and General Commercial (GC). 7. Zoning: The Project site is a public street, and the adjacent land uses are zoned Single -Family Residence (111), Two -Family Residence (132), Open Space Land (0), and General Commercial (C2). R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street BrldgP Final ISMND7ocl�'ml 9 1-1 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 8. Description of Project: The following describes the proposed Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project (Project) that is the subject of this Initial Study/Mitigated Negative Declaration (IS/MND) prepared pursuant to the California Environmental Quality Act (CEQA). The purpose of this IS/MND is to evaluate whether the proposed Project would result in any potential significant environmental effects. Project Purpose and Need. Fairview Street consists of a north/south major arterial located in the northwestern portion the City. South of 9th Street, Fairview Street provides three lanes in each direction that are reduced to two lanes in each direction north of 9th Street, across the existing four -lane bridge, to 16th Street. The Fairview Street segment between 9th Street and 16th Street is the only constraint for Fairview Street to be built out to its planned width of six lanes. This condition causes a traffic "bottleneck" during peak hours. In addition, there are no sidewalks, bikeways, or lighting on the existing bridge. Pedestrians and bicyclists currently use the roadway shoulder to cross the bridge. Additionally, the existing Fairview Street bridge has insufficient safety barriers and capacity to handle existing and projected traffic levels in the Project Area and is operating with the following deficiencies within the Project limits: • No sidewalks, bike lanes, center median or barrier, or lighting; and • Congestion on and around the existing bridge due to high traffic demands and a limited number of lanes relative to areas north and south of the bridge. The purpose of the proposed Project is to improve pedestrian/bicyclist safety and traffic flow on and in the vicinity of Fairview Street bridge. The following goals/objectives have been identified for the proposed Project: • Make the Fairview Street bridge design and capacity consistent with the Orange County Master Plan of Arterial Highways and the City of Santa Ana General Plan Circulation Element; and • Provide for adequate vehicular capacity and greater pedestrian and bike safety on Fairview Street bridge. As described below, the proposed Project would improve traffic flow and alleviate congestion in the study area. The proposed Project would also increase pedestrian safety at Fairview Street bridge by constructing new barrier rails, sidewalks, bicycle lanes, a raised median, and lighting on the proposed bridge structure. Project Description. The proposed Project includes replacing the Fairview Street bridge over the Santa Ana River and widening Fairview Street between 9th Street and 16th Street. The proposed Project would widen Fairview Street from two lanes in each direction to three lanes in each direction in Santa Ana (refer to Figures 1 and 2). The Fairview Street bridge would be replaced with a new six -lane bridge (three lanes in each direction), including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised median, and lighting. 1-2 7 58�24,14D\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/20) uaraen 2J Grove 13 Hospital RIVERGLEN Grove Blvd Medical p Center ao '^ E River CASA DE a View SANTIAGO FISH Golf 1p u a Course LL V1 ze Trask Ave o t2 t2A m RIVERVIEW z EDNA PARK WEST FLORAL Bris to Marketplace Ave ; W 17th A s a rn Santa Ana College 0 3 o z H WASHINGT SQUARE _ ARTESIA PILAR Z Willowick Golf to Course Z Civic Center Dr W SANTA ANITA PARK 2 W Sth St W Santa An W 3rd St W 1st St W list St W Pine St Y A CA SA BONITA Id Project Vicinity Los Angeles— /- S�j. CENTRAL CITY PICO-LOWEL County i Bernard ___' /county yr ws orange co my TOWNSEND-RAITT p y 0.1 O Project Wove 'A W McFadden Ave CID Location r"INDSOR N VILLAGE NEW HORIZONS MID -CITY LEGEND FIGURE 1 QProject Location Fairview Bridge Replacement and Street Improvements o t®0 (9th Street to 16th Street) Project FEET SOURCE: Bing (2015) Project Location :\WKE1702\GIS\ProjectLocationStreets.mxd (7/26/2018) L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 1.4 7 6E3QS22ND\Final ISMND\Fairview Street Bridge Final ISM ND.d.C. (05/26/20) 41 wS 62 w j P 15 S 7 ,p L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 1-6 7 6E3E,24ND\Final ISMND\Fairview Street Bridge Final ISM ND.d.C. (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA The proposed bridge would be expanded from approximately 52 feet (ft) to 100 ft in width and would have the same roadway profile as the existing bridge. The eight pier walls that support the existing bridge would be removed, and four new pier walls would be constructed to support the new bridge. The proposed Project would include partial right-of-way acquisition from two parcels (two commercial parcels [Assessor's Parcel Numbers (APNs) 405-213-02 and 405-213-01]). The proposed Project would require one full residential acquisition (a multi -family residence; APN 405-213-14), as shown in Figure 2. Full acquisition of the residential property would be required, as the proposed road widening would result in the loss of a portion of the side yard and a corner of the structure. Property acquisition is required to provide adequate line of sight (safe viewing distance) for vehicles turning onto Fairview Street from 9th Street. View obstructions taller than 2.5 ft (such as a property wall) would be removed to maintain line of sight. Access to all properties would be maintained during construction. The two commercial parcels with partial acquisitions would not require relocation or disruption to the current function of those properties. An existing 12-inch water line and a bank of 12 phone conduits cross the Santa Ana River, suspended under the deck of the existing bridge. These utilities would be temporarily relocated during construction and then permanently relocated to the new bridge. In addition, there is the potential for relocation of one or more utility poles along the Project alignment. Water quality best management practices (BMPs) would be included to treat storm water runoff such as a vegetated swale adjacent to Fairview Street in the Fairview Triangle rest area. Fairview Street would remain open during the construction period with two southbound lanes and one northbound lane, with lanes shifted to one side of the bridge while the other side is replaced. Therefore, no detours would be required for vehicles traveling along Fairview Street. Access to properties would be maintained. During construction, pedestrians and bicyclists would be detoured away from the Fairview Street bridge to the 17th Street bridge to cross the Santa Ana River by way of the Santa Ana River Trail (SART) between the hours of 9:00 a.m. and 7:00 p.m., when the gates to the SART are open and unlocked. After hours, pedestrians and bicyclists wishing to cross the Santa Ana River would be detoured to adjacent Santa Ana streets such as King Street. Construction of the proposed Project would require temporary closures of a portion of the SART for the demolition and placement of the bridge superstructure. The SART includes a Class I bike path on the eastern side and a regional riding and hiking trail on the western side. The portion of the SART affected by Project construction would need to be temporarily closed four times for approximately 8 hours each time during two summer periods for the placement of precast concrete girders. During these periods, SART users would be detoured, and signage would be provided to display the dates of the closures and to identify the detour routes. Work on the north and south sides of the bridge would be completed during separate periods so that SART users can be detoured to the trail on the opposite side of the Santa Ana River at 5th Street (refer R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN07,65RIBM5 1-7 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 to Figures 3a and 3b for the detour plans). There are gates and ramps located on both sides of the SART at 5th Street that provide access to bicyclists and pedestrians for these detours. Details regarding the detour are being coordinated with Orange County (OC) Parks. Other short-term closures of up to 15 minutes would be allowed with flagmen. A temporary detour within the riverbed may be required as a contingency. This would involve construction of dirt and gravel ramps with asphalt topping to and from the SART and the riverbed as shown on Figure 2. Construction vehicles would access the Santa Ana River from the gate and ramp at the County of Orange access road at the northwest corner of the bridge, and would use the existing concrete access ramp into the river approximately 250 ft west of the Project area (Figure 2). All access roads to the SART that are utilized by construction vehicles or for detour routes would be reconstructed and restored to preconstruction conditions or better prior to Project completion. 9. Surrounding Land Uses and Setting: The Fairview Street bridge spans the Santa Ana River. The SART (Class I bikeway; i.e., an off- street bikeway) runs on the east side of the Santa Ana River. In addition, Fairview Street is surrounded by a variety of land uses, including single-family and multifamily residences, parks, restaurants, commercial uses, light industrial uses, and vacant lands. 10. Other Public Agencies Whose Approval Is Required (e.g., permits, financial approval, or participation agreements): Approvals from the following agencies are required for the proposed Project: • California Department of Transportation (Caltrans) Local Assistance Division: Roadway and Bridge Plans, National Environmental Policy Act (NEPA) compliance for use of federal funding, E-76 approval, and right-of-way certification • United States Army Corps of Engineers (USACE): Compliance with the Nationwide Permit Program under Section 404 of the Clean Water Act and Section 408 (Section 14 of the Rivers and Harbors Act of 1899, 33 USC 408) • California Department of Fish and Wildlife (CDFW): Streambed Alteration Agreement under Section 1602 of the Fish and Game Code • Santa Ana Regional Water Quality Control Board (RWQCB): Water Quality Certification under Section 401 of the Clean Water Act • Orange County Flood Control District: Encroachment permits • Orange County: Easement 1-8 758266ND\Final ISMND\Fairview Street Bridge Final ISMND.docx(OS/26/20) L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 1-10 7 6E3QS2&ND\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) -L=-€Tx3l syir-t --r 4 i Air F 7 'Awl 74 Oil a i �11 ir' y€;nxr� BW iM i0 iWAl ,M� tii,mu N �€lY4]P1Rb�billl ' o .m 7 MIWA r 41 al,����ddJ1 T]S 4j m"75B-29 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 1-12 75830,I14D\FinalISMND\Fairview Street Bridge Final ISMND.d.C.(05/26/20) ENT AND STRE FAIRVIEW BRIDGE REPWCEMREET TD 16TH STREET) VEMENTS /� INITIAL STl10 V/MITI GATED NEGATIVE OELLARATI ON `J' MAY 2020 (9ia SFaeeF io ANTAN,CPaDJECT DRNIA SAN TA ANAL CALIFORNIA 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code (PRC) section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? California Native American tribes traditionally and culturally affiliated with the Project site and area were notified of the proposed Project on April 11, 2018. No tribes requested consultation pursuant to PRC Section 21080.3.1; therefore, the City has fulfilled its obligations pursuant to Assembly Bill (AB) 52. R:\WKEll02\ISMNO\Final ISMNO\Fairview Street Bridge Final ISMN07c558m31 1-13 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 1-14 7584ZND\FinalISMND\Fairview Street Bridge Final ISMND.d.C.(05/26/20) INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2020 FAIRVIEW BRIDGE REPLACEMENT ANG STREETIMPROVEMENTS L S A ($TH STREET TO IETN STREET) PACT ECT SANTA ANAL CALIEORWA 2.0 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Chapter 3.0. ❑ Aesthetics ❑ Agriculture/Forestry Resources ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Greenhouse Gas Emissions ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Noise ❑ Population/Housing ❑ Recreation ❑ Transportation ❑ Utilities/Service Systems ❑ Wildfire 2.1 DETERMINATION On the basis of this initial evaluation: ❑ Air Quality ❑ Energy ❑ Hazards & Hazardous Materials ❑ Mineral Resources ❑ Public Services ❑ Tribal Cultural Resources ❑ Mandatory Findings of Significance ❑ 1 find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the Project have been made by or agreed to by the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ 1 find that the proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ 1 find that the proposed Project MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required. j Kenny guyen, P.E., for Civil Engineer Date R:\WgE1202\ISMND\Public Review Draft ISMND\Fairview Street Bridge Public Review Draft ISMND.d=x (04/01/20) 2-1 75B-33 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET) PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank Z_Z 7 5o9-13'4 ND\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/20) FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS L S A INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 (9TH STREET TTO TFl $TAFFYPROTECT SANANTA ANAL CALIFORNIA 3.0 CEQA ENVIRONMENTAL CHECKLIST 3.1 AESTHETICS Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Except as provided in Public Resources Code Section 21099, would the project: a. Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings ❑ ❑ ❑ within a state scenic highway? c. In non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced El El Elfrom a publicly accessible vantage point.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d. Create a new source of substantial light or glare which would El® El El affect day or nighttime views in the area? 3.1.1 Existing Setting The Project area is characterized by suburban development and is surrounded by residential, commercial, and recreational uses. The current City of Santa Ana (City) General Plan Scenic Corridors Element designates Fairview Street as a secondary City entries corridor. The City's General Plan defines secondary corridors as corridors provide "stitching" to link neighborhoods, District Centers, and Mixed Use Corridors together. Their continuity is interrupted by the primary corridors; these intersection points should be used to give the traveler a sense of entering major activity centers. The California Department of Transportation (Caltrans) Landscape Architecture Program administers the Scenic Highway Program, contained in the State Streets and Highways Code, Sections 260-263. State highways are classified as either Eligible for Scenic Designation, Officially Designated, or Connecting Federal Highway. Within Orange County, there is one Officially Designated State Scenic Highway (State Route 91 [SR-91]) and four Eligible State Scenic Highways (SR-1, SR-57, SR-74, and SR-91).1 3.1.2 Impact Analysis a. Would the project have a substantial adverse effect on a scenic vista? No Impact. Scenic vistas can generally be defined as natural landscapes that form views of unique flora, geologic, or other natural features that are generally free from urban intrusions. Typical scenic California Department of Transportation. 2011. California Scenic Highway Mapping System, Orange County. Website: https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community- livability/lap-liv-i-scenic-highways (accessed August 2019). R:\WKE1702\ISMND\Final ISMND\Fairview Street Bridge Final ISM ND7 651mmm3 5 3-1 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 vistas include views of mountains and hills, large, uninterrupted open spaces, and waterbodies. Although the Fairview Street bridge crosses the Santa Ana River, this portion of the river is engineered and concrete -lined and does not contain vegetation. The Project area is not designated as a scenic vista by the City. As identified above, Fairview Street is designed in the City's General Plan as a secondary City entries corridor. Although construction and operation of the proposed Project would result in a change in the visual environment, this change would be minimal because the proposed improvements would connect with the existing circulation system and would be similar to existing conditions. In addition, the proposed Project would replace the existing bridge structure with a new bridge of similar size and scale that would not block any of the existing views in the vicinity of the Project area. Therefore, the proposed Project would not substantially block or disrupt any views to scenic vistas compared to existing conditions. Therefore, there would be no impact to scenic vistas, and no mitigation is required. b. Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. Scenic resources are isolated occurrences of aesthetically pleasing natural or human - made forms. Although the Fairview Street bridge crosses the Santa Ana River, this portion of the river is engineered and concrete -lined and does not contain vegetation. Views of the Santa Ana River are accessible from the existing Fairview Street bridge and from the Santa Ana River Trail (SART). The replacement of the existing Fairview Street bridge over the Santa Ana River would not create a change in the existing nature and magnitude of the SART, and would not block any of the existing views of the Santa Ana River. The nearest scenic highways to the Project area include SR-1, located approximately 8 miles (mi) west of the Project, designated as a State Highway Eligible for State Scenic Highway, and SR-91, located approximately 8 mi northeast of the Project, designated as an Officially Designated State Scenic Highway. The Project area is not visible from either scenic highway as classified by the Caltrans Scenic Highway Program in Orange County. Therefore, the proposed Project does not have the potential to damage scenic resources from designated scenic highways. There would be no impact to scenic resources or historic buildings within a designated State Scenic Highway. No mitigation is required. c. In non -urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? No Impact. The Project area is located in an urban area and is surrounded by residential, commercial, and recreational uses. The visual character immediately surrounding the Project area is representative of a built -out urban area containing a mix of residential, commercial, and open space uses. Implementation of the proposed Project would result in a minimal change in the existing visual environment because the proposed improvements would connect with the existing circulation system and would be similar to existing conditions. In addition, the proposed Project would replace 3-2 758366ND\Final ISMND\Fairview Street Bridge Final ISMND.d.C.(05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OREGT SANTA ANAL CALIFOPHIA the existing bridge structure with a new bridge of similar size and scale that would not block any of the existing views in the vicinity of the Project area. The proposed Project would also include a concrete barrier rail that would be integrated with the sidewalk on the bridge. Pedestrian -scale lights would be mounted on the concrete barrier rail on the bridge. The concrete barrier rail and street lights would be analyzed and determined during final design; however the proposed barrier rail and lights would be compatible with the existing character of the neighborhood and would be similar in concept to the First Street bridge over the Santa Ana River. The proposed materials and design of the proposed Project improvements would be consistent with the existing visual environment. In addition, the proposed Project is consistent with current zoning and applicable development standards, and with the General Plan Land Use designation and applicable General Plan policies. No impacts would occur, and no mitigation is required. d. Would the project create anew source of substantial light or glare which would adversely affect day or nighttime views in the area? Less Than Significant with Mitigation Incorporated. Fairview Street currently includes street lighting; however, the existing bridge structure does not have any street lighting. The proposed Project would include street lighting to improve safety on the bridge. As identified above, the proposed Project would also include a concrete barrier rail that would be integrated with the sidewalk on the bridge and would include mounted pedestrian -scale lights. These fixtures would be analyzed and determined during final design; however the proposed barrier rail and street lights would be compatible with the existing character of the neighborhood and would be similar in concept to the First Street bridge over the Santa Ana River. In addition, proposed street lighting would be typical of pole -mounted street lights used for bridges in the City, with lighting directed onto the roadway. The bridge would not include any reflective components that could increase glare. With implementation of Mitigation Measure AES-1, proposed street lighting would not result in excess illumination and light spillover to the Santa Ana River. Therefore, the proposed Project's potential light and glare impacts on daytime or nighttime views in the Project area would be less than significant with mitigation. 3.1.3 Mitigation Measures Mitigation Measure AES-1 Street Lighting. Low -light level, energy -efficient, and directed illumination, and separate pedestrian -scale lighting integrated with aesthetically enhanced bridge barrier shall be specified in the design and construction of the proposed Project. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7c65rBB2l37 3-3 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TR STREET TO 16TR STREET( PROJECT SANTA ANAL CALIFORNIA 3.2 AGRICULTURE AND FORESTRY RESOURCES INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Would the project: a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring ❑ ❑ ❑ Program of the California Resources Agency, to non- agricultural use? b. Conflict with existing zoningfor agricultural use, ora El El ElWilliamson Act contract? c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section ❑ ❑ ❑ 4526). or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? d. Result in the loss of forest land or conversion of forest land El El El non -forest use? e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of El El ElFarmland, to non-agricultural use or conversion of forest land to non -forest use? 3.2.1 Existing Setting Maps of designated farmlands are compiled by the California Department of Conservation Farmland Mapping and Monitoring Program (FMMP), pursuant to the provisions of Section 65570 of the California Government Code. These maps use data from the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) soil survey and current land use information utilizing eight mapping categories, and represent an inventory of agricultural resources within the State. The maps depict currently urbanized lands and a qualitative sequence of agricultural designations. Maps and statistics are produced biannually using a process that integrates aerial photo interpretation, field mapping, a computerized mapping system, and public review. Orange County FMMP maps were reviewed to determine the potential for impacts to farmland as a result of the proposed Project. 3.2.2 Impact Analysis a. Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The Project area is classified as Urban and Built -Up Land, according to the FMMP.' The Project area is not located on land that is designated as Prime Farmland or Farmland of Statewide 2 California Department of Conservation. 2014. Orange County Important Farmland 2014. Website: ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2014/oral4.pdf (accessed August 2019). 3-4 7 58�38ND\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/20) NT MENTS INITIAL STUDYiMITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OREGT SANTA ANAL CALIFOPHIA Importance. Therefore, implementation of the proposed Project would not result in the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the Orange County Important Farmland Map, to a nonagricultural use. The proposed Project would not convert any farmland to a nonagricultural use. Therefore, there would be no impact, and no mitigation is required. b. Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The Project area consists of low -density residential, open space, and general commercial land uses as designated by the City General Plan Land Use Element.3 There are no agricultural uses on or in the vicinity of the Project area. In addition, the Project area is not enrolled in a Williamson Act contract.' Therefore, the proposed Project would not conflict with any zoning for agricultural uses or any Williamson Act contract, and no impacts would occur. No mitigation is required. c. Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? No Impact. As stated above, the Project area consists of low -density residential, open space, and general commercial land uses. The Santa Ana River, which runs directly underneath the Fairview Street bridge, is zoned for open space use. As stated above, no land on or in the vicinity of the Project area is zoned for agricultural uses. There are no existing agricultural or farmland operations on the Project site or in the surrounding area. Therefore, the proposed Project would not conflict with existing zoning for forest land or timberland, and no impacts would occur. No mitigation is required. d. Would the project result in the loss of forest land or conversion of forestland to non forest use? No Impact. As stated above, no land on or in the vicinity of the Project area is zoned for forest land. Therefore, the proposed Project would not result in the loss of forest land or the conversion of forest land to nonforest use, and no impacts would occur. No mitigation is required. e. Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non forest use? No Impact. As stated above, no land on or in the vicinity of the Project site is zoned for agricultural or forest land. The proposed Project would not include other changes in the existing environment that would result in conversion of farmland to nonagricultural use, or forest land to nonforest use. Therefore, no impacts would occur. No mitigation is required. 3 City of Santa Ana. 1998b. City of Santa Ana General Plan Land Use Element. February 2. 4 California Department of Conservation. 2014. op. cit. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7c05S2l439 3-5 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TR STREET TO 16TR STREET( PROJECT SANTA ANAL CALIFORNIA 3.3 AIR QUALITY INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 Less Than Potentially Significant Impact Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a. Conflict with or obstruct implementation of the applicable El El El 0 air quality plan? b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - El El El attainment under an applicable federal or state ambient air quality standard? c. Expose sensitive receptors to substantial pollutant concentrations? d. Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? 3.3.1 Existing Setting The following section is based on air quality modeling and analysis conducted by LSA. The air quality modeling worksheets are provided in Appendix B. The Project area is located within Santa Ana, which is part of the South Coast Air Basin (Basin). The Basin includes all of Orange County and portions of Los Angeles, Riverside, and San Bernardino Counties. Air quality within the Basin is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD adopted the 2016 Air Quality Management Plan (AQMP) in March 2017.5 The main purpose of an AQMP is to describe air pollution control strategies that will bring the area into attainment in a timely manner. A nonattainment area is considered to have worse air quality than the National Ambient Air Quality Standards (NAAQS) and/or the California Ambient Air Quality Standards (CAAQS), as defined in the federal Clean Air Act. The Basin is in nonattainment for the federal and State standards for ozone (03) and particulate matter less than 2.5 microns in diameter (PM2.5). In addition, the Basin is in nonattainment for the State particulate matter less than 10 microns in diameter (PM,o) standard, and in attainment/maintenance for the federal PM10 and carbon monoxide (CO) standards. For transportation -related projects, the most effective way to reduce air pollution impacts is to reduce emissions from mobile sources, the principal contributor to the air basin. The 2016 AQMP also includes transportation control measures developed by the Southern California Association of Governments (SCAG) from the 2016 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). The 2016-2040 RTP/SCS includes chapters on the challenges in a changing region, creating a plan for our future, and the road to greater mobility and sustainable growth. These chapters currently respond directly to federal and State requirements placed on SCAG. Local 5 South Coast Air Quality Management District. 2016. Final 2016 Air Quality Management Plan. March. 3-6 7 5840,ND\Fina1 ISMND\Fairview Street Bridge Final ISM ND.d.C. (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA governments are required to use these as the basis of their plans for purposes of consistency with applicable regional plans under the California Environmental Quality Act (CEQA). 3.3.2 Impact Analysis a. Would the project conflict with or obstruct implementation of the applicable air quality plan? No Impact. Consistency with the 2016 AQMP for the Basin would be achieved if a project is consistent with the goals, objectives, and assumptions in the respective plan to achieve the federal and State air quality standards. Per the SCAQMD California Environmental Quality Act Air Quality Handbook,' there are two main indicators of a project's consistency with the applicable AQMP: (1) whether the project would increase the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the 2016 AQMP; and (2) whether the project would exceed the 2016 AQMP's assumptions for 2030 or yearly increments based on the year of project buildout and phasing. For the proposed Project to be consistent with the AQMP, the project should be listed in the RTP/SCS. The proposed Project is listed in the financially constrained list of projects in the 2016 RTP/SCS under RTP ID: 2AO704 and listed in the Federal Transportation Improvement Program (FTIP) under ID# 0RA170007. The 2017 FTIP Consistency Amendment 17-18 was approved by SCAG on February 23, 2018, and by the Federal Transit Administration (FTA)/Federal Highway Administration (FHWA) on March 26, 2018. The design concept and scope of the proposed Project is consistent with the project description in the 2016 RTP and 2017 FTIP and the "open to traffic" assumptions of SCAG's regional emissions analysis. Therefore, the proposed Project would not conflict with or obstruct implementation of the AQMP, and no impacts would occur. b. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard? Less Than Significant with Mitigation Incorporated. The SCAQMD is currently designated as nonattainment for the federal and State standards for 03 and PM2.5. In addition, the Basin is in nonattainment for the State PM10 standard. The SCAQMD's nonattainment status is attributed to the region's development history. Past, present, and future development projects contribute to the region's adverse air quality impacts on a cumulative basis. By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead, a project's individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project's contribution to the cumulative impact is considerable, then the project's impact on air quality would be considered significant. 6 South Coast Air Quality Management District. 1993. CEQAAir Quality Handbook. Website: http://www.agmd.gov/home/rules-compliance/ceqa/air-q ua lity-analysis-handbook/ceqa-ai r-q ua lity- handbook-(1993) (accessed June 2019). R:\WKE1702\ISMND\Final ISMND\Fairview Street Bridge Final ISM N07,05841 3-7 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET) PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 In developing thresholds of significance for air pollutants, the SCAQMD considered the emission levels for which a project's individual emissions would be cumulatively considerable. If a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region's existing air quality conditions. Therefore, additional analysis to assess cumulative impacts is unnecessary. The following analysis assesses the potential project -level air quality impacts associated with construction and operation of the proposed Project. The SCAQMD used the NAAQS/CAAQS emission concentrations as a guide to establish the CEQA project -level thresholds for reactive organic gases (ROG), oxides of nitrogen (NOx), CO, sulfur dioxide (S02), Win, and PM2.5. The SCAQMD has established thresholds of significance for criteria pollutant emissions generated during both construction and operation of projects as shown in Table 3.3.A below. Table 3.3.A: SCAQMD Construction and Operation Thresholds of Significance (Ibs/day) ROG NOx c0 S02 PM,, PM2,s Construction Thresholds 1 75 100 1 550 1 150 150 55 Operation Thresholds 1 55 55 1 550 1 150 150 55 Source: SCAQMD (1993). CO = carbon monoxide Ibs/day = pounds per day NO. = oxides of nitrogen PM2.5 = particulate matter less than 2.5 microns in diameter PM. = particulate matter less than 10 microns in diameter ROG = reactive organic gases 5CAQM D = South Coast Air Quality Management District SOz = sulfur dioxide The following sections describe the proposed Project's construction- and operation -related air quality impacts. Construction Emissions. During construction, short-term degradation of air quality may occur due to the release of particulate emissions generated by excavation, grading, hauling, and other activities related to construction. Emissions from construction equipment also are anticipated and would include CO, NOx, ROG, directly emitted particulate matter (PM2.5 and Win), and toxic air contaminants (TACs; e.g., diesel exhaust particulate matter). Site preparation and roadway construction would involve clearing, cut -and -fill activities, grading, and paving roadway surfaces. Construction -related effects on air quality from most roadway projects would be greatest during the site preparation phase because most engine emissions are associated with the excavation, handling, and transport of soils to and from the site. If not properly controlled, these activities would temporarily generate CO, NOx, ROG, PM10, and PM2.5. Sources of fugitive dust would include disturbed soils at the construction site and trucks carrying uncovered loads of soils. Unless properly controlled, vehicles leaving the site would deposit mud on local streets, which could be an additional source of airborne dust after drying. PM10 emissions would vary from day to day, depending on the nature and magnitude of construction activity and local weather conditions. PM10 emissions would also depend on soil moisture, the silt content of soil, wind speed, and the amount of equipment operating at the time. Larger dust 3-8 75842ND\Final ISMND\Fairview Street Bridge Final ISMND.docx(OS/26/20) NT MENTS INITIAL STUDYiMITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OREGT SANTA ANAL CALIFOPHIA particles would settle near the source, while finer particles would be dispersed over greater distances from the construction site. In addition to dust -related PM10 emissions, heavy trucks and construction equipment powered by gasoline and diesel engines would generate CO, NOx, ROG, and some soot particulate (PM2.5 and PM,o) in exhaust emissions. If construction activities were to increase traffic congestion in the area, CO and other emissions from traffic would increase while those vehicles are delayed. These emissions would be temporary and limited to the immediate area surrounding the construction site. Areas within 500 feet (ft) of California Air Resource Board (CARB) defined sensitive land uses would be labeled as no -idle areas where material storage/transfer and equipment maintenance activities are not to occur. S02 is generated by oxidation during combustion of organic sulfur compounds contained in diesel fuel. Off -road diesel fuel meeting federal standards can contain up to 5,000 parts per million (ppm) of sulfur, whereas on -road diesel is restricted to less than 15 ppm of sulfur. However, under State law and CARB regulations, off -road diesel fuel used in California must meet the same sulfur and other standards as on -road diesel fuel, so S02-related issues due to diesel exhaust would be minimal. The construction emissions were estimated for the proposed Project using the Sacramento Metropolitan Air Quality Management District's Road Construction Emissions Model, Version 9.0.0, which is consistent with the guidance provided by the SCAQMD for evaluating construction impacts from roadway projects. The maximum amount of construction -related emissions during a peak construction day is presented in Table 3.3.13. The PM10 and PM2.5 emissions assume a 50 percent control of fugitive dust as a result of watering and associated dust -control measures.' The Project construction emissions presented below are based on the best information available at the time of calculations and specify that the schedule for Project construction is anticipated to take approximately 2 years. As shown in Table 3.3.6, with the implementation of standard construction measures (providing 50 percent effectiveness) such as frequent watering (e.g., a minimum of twice per day), construction emissions associated with the proposed Project would be less than significant for ROG, CO, PM10, and PM2.5 emissions; however, NOR emissions would exceed the SCAQMD threshold, resulting in a potentially significant impact. Additional emission reduction methods such as applying water or a dust palliative, a dust control plan, track -out reduction measures, equipment maintenance, spill control, and reducing vehicle idling are necessary to avoid substantial criteria pollutant impacts. Mitigation Measure AQ-1 includes these emission reduction methods and an additional measure to require cleaner engines. Table 3.3.0 shows the proposed Project's mitigated construction emissions. 7 South Coast Air Quality Management District. 2007. Fugitive Dust Mitigation Measure Tables. TableXPA: Construction & Demolition. Website: http://www.agmd.gov/home/rules-compliance/ceqa/air-quality- analysis-handbook/mitigation-measures-and-control-efficiencies/fugitive-dust (accessed November 2019). R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN07n043 3-9 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET) PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANA, CALIFORNIA MAY 2020 Table 3.3.B: Maximum Daily Project Construction Emissions without Mitigation Project Phase ROG c0 NOx Total PMta Total PM2.5 Grubbing/Land Clearing(lbs/day) 2.47 20.23 28.14 8.71 1.67 Grading/Excavation (Ibs/day) 17.10 125.59 198.35 15.98 8.52 Drainage/Utilities/Subgrading(lbs/day) 10.86 85.86 118.05 12.81 5.55 Paving(lbs/day) 2.89 31.02 29.87 1.73 1.64 Maximum (Ibs/day) 17.10 125.59 198.35 15.98 8.52 SCAQMD Threshold (maximum Ibs/day) 75.0 550.0 100.0 150.0 55.0 Exceeds? No No Yes No No Source: Sacramento Metropolitan Air Quality Management District Road Construction Emissions Model (May 2018), compiled by LSA (July 2018). CO = carbon monoxide PM.= particulate matter less than 10 microns in size Ibs/day = pounds per day ROG = reactive organic gases NOR = oxides of nitrogen SCAQMD = South Coast Air Quality Management District PMz 5 = particulate matter less than 2.5 microns in size Table 3.3.C: Maximum Daily Project Construction Emissions with Mitigation Project Phase ROG c0 NOx Total PMva Total PM2.5 Grubbing/Land Clearing (Ibs/day) 1.39 26.74 4.94 7.76 1.77 Grading/Excavation(lbs/day) 7.94 150.72 17.92 8.54 2.41 Drainage/Utilities/Subgrading(lbs/day) 4.96 95.18 12.94 8.23 2.16 Paving (Ibs/day) 1.82 35.13 9.10 0.42 0.32 Maximum (Ibs/day) 7.94 150.72 17.92 8.54 2A1 SCAQMD Threshold (maximum Ibs/day) 75.0 550.0 100.0 150.0 55.0 Exceeds? No No No No No Source: Sacramento Metropolitan Air Quality Management District Road Construction Emissions Model (May 2018), compiled by LSA (July 2018). CO = carbon monoxide PM.= particulate matter less than 10 microns in size Ibs/day = pounds per day ROG = reactive organic gases NO. = oxides of nitrogen SCAQMD = South Coast Air Quality Management District PM2.5 = particulate matter less than 2.5 microns in size As shown in Table 3.3.C, with the implementation of standard construction measures (providing 50 percent effectiveness) such as frequent watering (e.g., a minimum of twice per day) as well as other emission reduction methods specified in Mitigation Measure AQ-1, all criteria pollutant emissions would be below SCAQMD daily thresholds. Fugitive dust, exhaust, and NOR emissions from construction activities would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment under an applicable federal or State ambient air quality standard. Therefore, impacts would be less than significant with mitigation incorporated. Long -Term (Operational) Emissions. The purpose of the proposed Project is to improve pedestrian/bicyclist safety and traffic flow on and in the vicinity of the Fairview Street bridge. The proposed Project would not construct or permit the construction of any trip -generating land uses. Because the Project would add lane capacity to the Fairview Street bridge, some traffic currently using other routes would use the widened Fairview Street bridge, which would 3-10 7 5844ND\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA increase VMT in the area, which could increase criteria pollutant emissions. On the other hand, the improved bridge may attract additional pedestrians and bicyclists due to added sidewalks and bikeways, which would have the potential to reduce vehicle trips and increase the use of alternate means of transportation. Therefore, the Project would not result in a significant increase in the generation of vehicle trips that would increase criteria pollutant emissions. The proposed Project would result in low levels of off -site emissions due to energy generation associated with lighting along the roadway segment and the Fairview Street bridge. However, these emissions would be minimal and would not exceed the pollutant thresholds established by the SCAQMD. In addition, the Project's Traffic Impact Analysis (TIA; Appendix A) shows that the intersections of Fairview Street/17th Street and Fairview Street/9th Street operate at unsatisfactory level of service (LOS) E or worse during one or both peak hours in existing conditions. The unsatisfactory LOS (average vehicle delay at intersections in the Project area) cause more idling emissions to occur. The proposed widening of Fairview Street from four through lanes to six through lanes between 9th Street and 16th Street would accommodate future traffic volumes with satisfactory LOS. The increase in traffic capacity would increase average vehicle speeds and reduce the average vehicle delay during peak -hour traffic, both of which would reduce the rate of vehicle emissions. Therefore, the proposed Project would result in a beneficial impact to regional and local air quality. As a result, Project operation would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment under an applicable federal or State ambient air quality standard, and no mitigation is required. c. Would the project expose sensitive receptors to substantial pollutant concentrations? Less Than Significant with Mitigation Incorporated. Sensitive receptors are defined as people that have an increased sensitivity to air pollution or environmental contaminants. Sensitive receptor locations include schools, parks and playgrounds, day care centers, nursing homes, hospitals, and residential dwelling units. The closest sensitive receptors include the single-family and multifamily residences located adjacent to Fairview Street. In addition, the REACH Academy Community Day Intermediate and High School is located adjacent to the southern border of the Project site. Construction of the proposed Project may expose these surrounding sensitive receptors to airborne particulates and fugitive dust, as well as a small quantity of construction equipment pollutants (i.e., usually diesel -fueled vehicles and equipment). The Construction Contractor would be required to minimize emissions by following standard construction practices and complying with SCAQMD rules (i.e., Rules 402 and 403). Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off -site. Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. As described in Response 3.3.2(b), additional construction emissions reduction methods would be implemented as specified in Mitigation Measure AQ-1. With implementation of Mitigation Measure AQ-1, sensitive receptors would not be exposed to substantial pollutant concentrations during construction. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN07,058 45 3-11 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 As discussed above, increase in traffic capacity would increase average vehicle speeds and reduce the average vehicle delay during peak -hour traffic, both of which would reduce the rate of vehicle emissions. Therefore, the proposed Project would result in a beneficial impact to regional and local air quality. As such, the proposed Project would not result in an increase in air pollution compared to existing conditions. Therefore, sensitive receptors would not be exposed to substantial pollutant concentrations during Project operation. d. Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less Than Significant Impact. SCAQMD's CEQA Air Quality Handbook identifies various secondary significance criteria related to odorous air contaminants. Substantial odor -generating sources include land uses such as agricultural activities, feedlots, wastewater treatment facilities, landfills, or heavy manufacturing uses. The proposed Project does not include any such uses or activities that would result in other emissions such as those leading to odors. Some objectionable odors may emanate from the operation of diesel -powered construction equipment during construction of the proposed Project that could be noticed by people adjacent to the construction area. However, these construction odors would be limited to the construction period, would disperse quickly, and would not adversely affect a substantial number of people. Therefore, construction impacts would be less than significant, and no mitigation is required. The proposed Project would consist of road widening and bridge replacement, which would not produce other emissions leading to odors that would adversely affect a substantial number of people. Project operation impacts would be less than significant, and no mitigation is required. 3.3.3 Mitigation Measures Mitigation Measure AQ-1 Construction Emissions Control. The Construction Contractor will adhere to the following procedures during construction and will provide the City of Santa Ana (City) Public Works Director or designee with documentation that these procedures were implemented during construction activities: • The contractor will adhere to the Greenbook (2018 or most current) specification: Section 3-12.2 Air Pollution Control. The Contractor will not discharge smoke, dust, equipment exhaust, or any other air contaminants into the atmosphere in such quantity as will violate any federal, State, or local regulations. The contractor will also abate dust nuisance by cleaning, sweeping and spraying with water, or other means as necessary. • The contractor will adhere to the Caltrans Standard Specifications for Construction, Sections 14.9-01, 14.9-02, 14- 9.03, 18-1.02C, and 18-1.03 (or Greenbook [2018 or most current] equivalent specifications). Section 14-9-02 specifically 3-12 7 58466ND\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/2O) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA requires compliance by the contractor with all applicable laws and regulations related to air quality, including air pollution control district and air quality management district regulations and local ordinances. Water or a dust palliative will be applied to the site and equipment as often as necessary to control fugitive dust emissions. Fugitive emissions generally must meet a "no visible dust' criterion either at the point of emissions or at the right-of- way line in compliance with the SCAQMD Rule 403 (Fugitive Dust). • Soil binder will be spread on any unpaved roads used for construction purposes, and on all Project construction parking areas (providing an estimated 50 percent reduction of fugitive emissions) in compliance with the SCAQMD Rule 403 (Fugitive Dust). • Trucks will be washed as they leave the right-of-way as necessary to control fugitive dust emissions in compliance with the SCAQMD Rule 403 (Fugitive Dust). • Construction equipment and vehicles will be properly tuned and maintained. All construction equipment will use low -sulfur fuel as required by CCR Title 17, Section 93114. • A dust control plan will be developed documenting sprinkling, temporary paving, speed limits, and timely revegetation of disturbed slopes as needed to minimize construction impacts to existing communities in compliance with the SCAQMD Rule 403 (Fugitive Dust). • Equipment and material storage sites will be located as far away from residential and park uses as practicable. Construction areas will be kept clean and orderly in compliance with the SCAQMD Rule 402 (Nuisance). • Environmentally sensitive areas will be established near sensitive air receptors. Within these areas, construction activities involving the extended idling of diesel equipment or vehicles will be prohibited to the extent feasible [as required by CCR Title 13, Section 2485(c)]. • Track -out reduction measures will be used, such as gravel pads at Project access points to minimize dust and mud deposits on roads affected by construction traffic, in accordance with the R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN07,058 ;47 3-13 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2), and (e)(4). • All transported loads of soils and wet materials will be covered before transport, or adequate freeboard (space from the top of the material to the top of the truck) will be provided to minimize emission of dust during transportation in compliance with the SCAQMD Rule 403. • Dust and mud that are deposited on paved, public roads due to construction activity and traffic will be promptly and regularly removed to reduce PM emissions [State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2), and (e)(4)]. • To the extent feasible, construction traffic will be scheduled and routed to reduce congestion and related air quality impacts caused by idling vehicles along local roads during peak travel times (consistent with the traffic control plan approved by the City of Santa Ana Traffic Engineer). • Mulch will be installed or vegetation planted as soon as practical after grading to reduce windblown PM in the area. Be aware that certain methods of mulch placement, such as straw blowing, may themselves cause dust and visible emission issues and may require controls such as dampened straw [Caltrans Standard Specifications for Construction, Sections 18.1-02C (Dust Control Binders) and 18-1.03 (Construction — Dust Palliatives) or Greenbook (2018 or most current) equivalent]. • During demolition, clearing, grading, earthmoving, or excavation operations, excessive fugitive dust emissions will be controlled by regular watering or other dust preventive measures using the following procedures, as specified in the South Coast Air Quality Management District (SCAQMD) Rule 403. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering will occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. All material transported on site or off site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized to prevent excessive amounts of dust. These control techniques will be indicated in Project specifications. Visible dust beyond the property line 3-14 7 584&ND\Final ISMND\Fairview Street Bridge Final ISMND.doC. (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OREGT SANTA ANAL CALIFOPHIA emanating from the Project will be prevented to the maximum extent feasible. • Project construction plans will show the duration of construction. Ozone precursor emissions from construction equipment vehicles will be controlled by maintaining equipment engines in good condition and in proper tune per manufacturers' specifications. • All trucks that are to haul excavated or graded material on site will comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2), and (e)(4), as amended, regarding the prevention of such material spilling onto public streets and roads. • Construction activities will adhere to the City Special Provisions, Greenbook (2018 or most current) standard specifications, or California Department of Transportation (Caltrans) Standard Specifications for Construction, Sections 14-9.02 and 14-9.03, as applicable. • Should the Project geologist determine that asbestos -containing materials (ACMs) are present at the Project area during final inspection prior to construction, the appropriate methods will be implemented to remove ACMs. • All construction vehicles both on and off site shall be prohibited from idling in excess of 5 minutes. • The Construction Contractor shall require that all off -road diesel -powered construction equipment with greater than 50 horsepower used for the Project meets the California Air Resources Board Tier 4 emissions standards. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN07,058 49 3-15 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT SANTA ANAL CALIFORNIA 3.4 BIOLOGICAL RESOURCES INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impa Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special -status species in local or El® El El plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California ❑ ❑ ® ❑ Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, El® El El pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with El El ® El native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ❑ ❑ ❑ ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or El El Elother approved local, regional, or state habitat conservation 3.4.1 Existing Setting The discussion of existing biological resources in, and in the vicinity of, the Project area and the analyses of the potential effects of the proposed Project on those resources provided in this section are based on the Natural Environment Study' (NES; Appendix A) for the Project. The Biological Study Area (BSA) is located in Santa Ana in Orange County along Fairview Street between Civic Center Drive and 17th Street, as shown in Figure 4. The 27.32-acre (ac) BSA encompasses the Project direct impact areas (temporary and permanent) as well as a buffer area to account for any potential proximity effects (e.g., noise, vibration, dust, or lighting) that may occur outside the direct impact areas. ' LSA Associates, Inc. 2018a. Natural Environment Study (Minimal Impacts). December. 3-16 7or11V"'54WD\FinalISMND\Fairview Street Bridge Final ISMND.docx(OS/26/20) �s CN�4 e o �F' If 0 0 �yww y r,`•iA I\ � sx 1 i L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 3-18 7001 53Q 5)'ZND\Fina1ISMND\Fairview Street Bridge Final ISMND.d.C.(05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA The BSA is almost entirely developed with residential, commercial, and transportation uses. Vegetation within the BSA primarily consists of ornamental trees and shrubs, lawns, and several disturbed and barren areas. Fairview Triangle Park contains ornamentally planted native trees and shrubs, and is located in the central portion of the BSA adjacent to the Santa Ana River. Elevations range from approximately 80 to 95 ft above mean sea level (amsl) across the entire BSA. The topography of the BSA gently slopes downhill from east to west. The climate is classified as Mediterranean (i.e., arid climate with hot, dry summers and moderately mild, wet winters), with the average annual precipitation being 13.6 inches. Although most of the precipitation occurs from November through March, thunderstorms may occur at other times of the year and can cause high precipitation rates. On average, monthly high temperatures range between 69 degrees Fahrenheit (°F) and 85°F, and monthly low temperatures range between 46°F and 64°F. The proposed Project is located within the Santa Ana River Watershed, which covers an area of approximately 210 square miles (sq mi) in Orange County. The headwaters of the entire 2,650 sq mi Santa Ana River Watershed begin in the San Bernardino Mountains and cross Riverside and Orange Counties before ultimately entering the Pacific Ocean. Flows within the Santa Ana River can be attributed to storm water runoff, urban runoff, and treated wastewater. 3.4.1.1 Biological Conditions in the Study Area The primary vegetation/land cover type in the BSA is classified as developed with four subtypes, including flood control channel, transportation, ornamental landscaping, and disturbed or barren. The BSA is located within urban portions of Santa Ana with no connection to undisturbed or natural lands. 3.4.1.2 Habitats and Natural Communities of Concern Jurisdictional Waters.Section 404 of the Clean Water Act (CWA) and Section 1602 of the California Fish and Game Code regulate activities affecting resources under the jurisdiction of the United States Army Corps of Engineers (USACE) and the California Department of Fish and Wildlife (CDFW), respectively. "Waters of the United States" under the jurisdiction of USACE include navigable coastal and inland waters, lakes, rivers, and streams and their tributaries; interstate waters and their tributaries; wetlands adjacent to such waters; intermittent streams; and other waters that could affect interstate commerce. The BSA contains one jurisdictional drainage feature (the Santa Ana River), as discussed in further detail in the corresponding Jurisdictional Delineation Report (Appendix D of the NES). Special -Status Plant Species.Plant species are considered to be of special concern based on the following: (1) federal, State, or local laws regulating impacts to them; (2) limited distributions; and/or (3) the presence of habitat required by the special -status plants occurring in the vicinity of the BSA. One plant species (Ventura marsh milk -vetch), which is federally and State -listed as endangered, was identified by the United States Fish and Wildlife Service (USFWS) as potentially occurring within the vicinity of the BSA, although there are no known nearby occurrence records. The CDFW California Natural Diversity Database (CNDDB) indicated three additional special -status plant species (Gambel's water cress, salt spring checkerbloom, and chaparral sand -verbena) with R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7,05RIM3 3-19 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 historical occurrences within 3 mi of the BSA. However, all of these historical occurrences are presumed extirpated, and no suitable habitat for these plant species occurs within the BSA. Special -Status Animal Species.Animal species are considered to be of special concern based on the following: (1) federal, State, or local laws regulating impacts to them; (2) limited distributions; and/or (3) the habitat requirements of special -status animals occurring in the vicinity of the site. The coastal California gnatcatcher is the only listed species identified by the USFWS as potentially occurring within the vicinity of the BSA.' However, there are no known occurrences of this species within the BSA or immediate vicinity, and suitable habitat for the species is absent from the BSA. The CNDDB indicated six additional special -status wildlife species (coast horned lizard, Crotch bumble bee, western yellow -billed cuckoo, California black rail, peregrine falcon, and western mastiff bat) with historical occurrences within 3 miles of the BSA. However, most of these historical occurrences are presumed extirpated and, with the exception of marginally suitable habitat for western mastiff bat, suitable habitat for these wildlife species is absent from the BSA. The BSA contains suitable habitat for two nonlisted, special -status avian species identified in the CNDDB records search (Cooper's hawk and California horned lark). The existing Fairview Street bridge also contains suitable roosting habitat for several common and nonlisted, special -status bat species, and foraging habitat for these bat species is present within the BSA along the Santa Ana River. Each of these species is discussed in further detail below. 3.4.2 Impact Analysis a. Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special -status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant with Mitigation Incorporated. Potential impacts to special status species are described below. Special -Status Plant Species. Based on survey results, no special -status plant species were observed or are expected to occur within the BSA due to a lack of suitable habitat. A list of plant species observed in the BSA during the surveys is included in Appendix B of the NES. Therefore, the proposed Project is not expected to affect any special -status plant species because they are considered absent from the BSA. As such, no compensatory mitigation or minimization measures are warranted because special -status plant species are considered absent from the BSA. Special -Status Animal Species. As indicated above, the BSA contains suitable habitat for two nonlisted, special -status avian species identified in the CNDDB records search (the Cooper's hawk and California horned lark). The existing Fairview Street bridge also contains suitable roosting habitat for several common and nonlisted, special -status bat species, and foraging D United States Fish and Wildlife Service. 2018. Information, Planning, and Conservation System (IPoC) Trust Resource Report. Website: httPs:Hecos.fws.gov/ipac/ (accessed February 2018). 3-20 7 5f54ND\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA habitat for these bat species is present within the BSA along the Santa Ana River. Each of these species is discussed in further detail below. Cooper's Hawk. The Cooper's Hawk is a medium-sized raptor that occurs in wooded areas and is frequently encountered in urban areas with mature trees and open foraging areas such as parks. It is a California Special Animal, which is an administrative designation made by the CDFW and carries no formal legal status. However, Section 15380 of the State CEQA Guidelines indicates that these species should be included in an analysis of project impacts if they can be shown to meet the criteria of sensitivity outlined therein. The species is fairly common within the vicinity of the BSA and urban areas that contain large trees and open fields. Several mature ornamental trees located along the streets and residential areas within the BSA serve as potentially suitable nesting habitat for this species. The Cooper's hawk is the only special -status animal species observed within the BSA during the field surveys. An individual Cooper's hawk was observed flying over the BSA and perching on several large trees during the survey conducted on February 20, 2018. No evidence of nesting by this species was observed in the BSA during the surveys, and mature trees are limited in number within the BSA. The proposed Project is not expected to directly or adversely impact the Cooper's hawk because potentially suitable nesting habitat is limited in the BSA, and the removal of ornamental vegetation along Fairview Street would not impact suitable nesting habitat for this species. However, potential impacts to the Cooper's hawk and other nesting birds protected under the California Fish and Game Code would be mitigated by avoiding disruptions to nesting activity consistent with the Fish and Game Code. Mitigation Measure BIO-1, as detailed in Section 3.4.3 (Mitigation Measures 13I0-1 through BIO-9), includes specific requirements to conduct a preconstruction nesting bird survey if vegetation removal, construction, or grading activities are planned to occur within the nesting bird season (February 1 to September 30) consistent with CDFW requirements. With implementation of Mitigation Measure BIO-1, potential impacts to the Cooper's hawk and other nesting birds would be less than significant. • California Horned Lark. The California horned lark is a small songbird that is known to occur within the vicinity of the BSA. It is a subspecies of horned lark and is considered a California Special Animal, which is an administrative designation made by the CDFW and carries no formal legal status. However, Section 15380 of the State CEQA Guidelines indicates that these species should be included in an analysis of Project impacts if they can be shown to meet the criteria of sensitivity outlined therein. The subspecies utilizes open grasslands and fields and prefers bare ground for nesting. Several disturbed or barren areas in the BSA provide potentially suitable habitat for this subspecies, but it is considered marginal because of the proximity to busy urban streets and associated anthropogenic disturbances.The field survey was conducted during the breeding season, and no California horned larks were observed in or near the BSA. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN07,05RIM5 3-21 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 The proposed Project is not expected to impact the California horned lark because it has a low probability of occurrence in the BSA. During the breeding season, the California horned lark is the only subspecies of horned lark in nondesert Southern California; however, from September through April or early May, other subspecies visit the area. Like the Coopers hawk, impacts to the California horned lark would be mitigated by avoiding disruptions to nesting activity consistent with the Fish and Game Code. Mitigation Measure BIO-1, as identified above, includes specific requirements to conduct a preconstruction nesting bird survey if vegetation removal, construction, or grading activities are planned to occur within the nesting bird season (February 1 to September 30) consistent with CDFW requirements. Therefore, with implementation of Mitigation Measure BIO-1, potential impacts to the California horned lark would be less than significant. Special -Status Bat Species. The BSA contains potentially suitable habitat for seven special - status bat species. Two of these species are considered California Special Animals (the Yuma myotis and hoary bat), and the remaining five bat species are California Species of Special Concern (the pallid bat, western mastiff bat, southwestern yellow bat, pocketed free -tailed bat, and big free -tailed bat). "Species of Special Concern" is an administrative designation from the CDFW and carries no formal legal status. However, all bat species (regardless of listing status) and other nongame mammals are protected by California Fish and Game Code Section 4150, which states that all nongame mammals or parts thereof may not be taken or possessed except as provided otherwise in the code or in accordance with regulations adopted by the California Fish and Game Commission. Activities resulting in the mortality of nongame mammals (e.g., destruction of an occupied bat roost, resulting in the death of bats) or disturbance that results in the loss of a maternity colony of bats (including the death of young) may be considered a "take" by the CDFW. Furthermore, any structure occupied by a bat maternity colony of any species is considered a native wildlife nursery site that is essential to the viability of local populations.Many bats use crevices or hollow cavities in bridges and culverts as day roosts and/or the open spaces between bridge beams or girders for night roosting. Bat species that commonly use human -made structures for day and/or night roosting include the pallid bat and Yuma myotis. Other species that may use these types of roosts occasionally include the western mastiff bat, pocketed free -tailed bat, and big free -tailed bat, although the pocketed free -tailed bat and big free -tailed bat are more commonly found in rocky desert areas and are considered rare in California. Bats may also roost in trees situated in the vicinity of human -made structures. Although bat roosts in structures can be relatively easy to identify, tree roosts are more cryptic and require close examination. Some species of bats (e.g., the western yellow bat and hoary bat) day roost in the foliage of trees. Other bat species (e.g., the pallid bat) commonly day roost in crevices or cavities found in mature trees and snags. Within the BSA, suitable bat roosting habitat is present within the existing Fairview Street bridge, and suitable foraging habitat is present along the Santa Ana River. The Fairview Street bridge over the Santa Ana River is a concrete tee beam bridge. This type of bridge contains structural elements that are suitable for and commonly used by both day - and night -roosting bats. Crevice habitat suitable for day -roosting bats (including maternity 3-22 7 5(1i.5.Sr ND\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA colonies) is present in the two hinges and in portions of a longitudinal joint near the middle of the structure, while night -roosting habitat is present throughout the bridge structure in the spaces between the concrete girders (refer to Appendix C, Representative Site Photos, of the NES). These girders form cavities in the underside of the bridge deck that trap warm air and offer shelter from the wind. Cliff swallow mud nests were also present throughout the girders of the bridge at the time of the assessment. The swallow mud nests may also provide day -roosting habitat for bat species, including the Yuma myotis and Mexican free - tailed bats, which have been documented day roosting in swallow mud nests and may use the mud nests observed on the bridge structure. Although the Santa Ana River is unvegetated and concrete -lined in the vicinity of the Fairview Street bridge, water within the channel as well as ornamental vegetation associated with nearby residences provides foraging habitat for a variety of bat species, thereby increasing the likelihood that this structure is used for roosting. No bats were observed during the daytime habitat assessment or the nighttime emergence survey; however, some scattered guano was observed beneath the hinges, confirming the use of these crevices by individual bats. A concrete double -box culvert is situated within 300 ft of the Fairview Street bridge over the Santa Ana River. This culvert structure was not entered during the assessment because the entrances to each box were partially gated and because there were indications of human habitation, both of which presented potential safety considerations and reduced the likelihood that roosting bats were present. Since the existing Fairview Street bridge over the Santa Ana River will be demolished for the proposed Project, potential direct and indirect impacts to roosting bats may occur. However, there is no evidence of maternity colonies roosting within the BSA. Potential impacts to bats would be mitigated by avoiding potential for take of individual roosting bats, incorporating alternate bat roosting habitat into the design of the new bridge, removing swallow nests in the fall (i.e., September or October) and ensuring they do not fall to the ground or are otherwise destroyed, minimizing indirect impacts during nighttime work associated with lighting, and designing new bridge lighting such that light would not overspill into the Santa Ana River. Mitigation Measures BIO-2 and BIO-3 include specific requirements to minimize the potential for take of individual roosting bats and impacts to suitable day- and night -roosting bat habitat within the Fairview Street bridge over the Santa Ana River. Mitigation Measure BIO-4 includes requirements to avoid potential impacts to bats day roosting in the swallow mud nests at the Fairview Street bridge over the Santa Ana River. In addition, Mitigation Measures BIO-5 and BIO-6 include requirements to minimize any potential indirect impacts to bats foraging and night roosting at the Fairview Street bridge over the Santa Ana River. Since the proposed Project would not affect the culverts and any potential impacts to bats would be avoided by implementing Mitigation Measures BIO-2 through BIO-6 above, potential impacts to bats would be reduced to a less -than -significant level. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN07,05RIM 7 3-23 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 Therefore, with implementation of Mitigation Measures BIO-1 through BIO-6, the proposed Project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special -status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS. Impacts would be less than significant with mitigation incorporated. b. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact. Habitats are considered to be of special concern based on the following: (1) federal, State, and/or local laws regulating their development; (2) limited distributions; and/or (3) the habitat requirements of special -status plants or animals. There are no habitats or natural communities of concern within or immediately adjacent to the BSA. The BSA is composed entirely of developed areas, with some ornamental and weedy vegetation. The BSA has low biological value to native plant and wildlife species. Therefore, the proposed Project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW or USFWS. This impact would be less than significant. No mitigation is required. c. Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less Than Significant with Mitigation Incorporated. As identified above, the BSA contains one jurisdictional drainage feature (the Santa Ana River), as discussed in further detail in the corresponding Jurisdictional Delineation Report (Appendix D of the NES). The Santa Ana River within the BSA is an unvegetated, concrete -lined intermittent drainage feature. This channel conveys flows attributed to local urban runoff and seasonal storm water. The low -flow channel located within the center of the channel bed had standing water at the time of the field survey. The Santa Ana River has an ordinary high water mark (OHWM) determined to be 21 ft up from the channel bed. Downstream of the BSA, the channel has a direct nexus to the Pacific Ocean (a navigable Water of the United States) and is tidally influenced at its mouth. However, the tidal influence does not extend to the BSA, and there are no waters subject to jurisdiction under Section 10 of the Rivers and Harbors Act. There are no wetlands or riparian areas present within the BSA. The total acreage of potential nonwetland USACE jurisdiction within the BSA is 4.18 ac. Because there is no current publicly issued guidance on determining Regional Water Quality Control Board (RWQCB) jurisdictional areas, jurisdiction was determined based on the federal definition of Waters of the United States as recommended by the State Water Resources Control Board's Workplan: Filling the Gaps in Wetland Protection.10 RWQCB jurisdiction is considered coincident with USACE jurisdiction (4.18 ac) for purposes of CWA Section 401 certification. 10 Regional Water Quality Control Board. 2004. Workplan: Filling the Gaps in Wetland Protection. 3-24 75E125W5 ND\FinalISMND\Fairview Street Bridge Final ISMND.docx(OS/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA Under California Fish and Game Code Section 1602, the CDFW takes jurisdiction over rivers, streams, and lakes. The State's jurisdiction generally includes the streambed/lakebed to the top of the bank and to the outer edge of associated riparian vegetation, where present. Within the BSA, California Fish and Game Code aquatic resources extend beyond the OH WM to the top of the bank within the trapezoidal portions of the Santa Ana River. There is no associated riparian vegetation within the BSA. The total acreage of potential CDFW streambed jurisdiction within the BSA is 5.55 ac. The proposed Project involves replacing the existing Fairview Street bridge with a wider roadway bridge. As shown on Figure 4, eight existing pier walls within the riverbanks (totaling approximately 0.09 ac) would be replaced with four new pier walls (totaling approximately 0.05 ac) within delineated USACE/RWQCB and CDFW nonwetland aquatic resources. The total proposed permanent fill is 0.05 ac for USACE/RWQCB- and CDFW-delineated aquatic resources. Since the proposed support structures are smaller in area than the existing support structures, a net increase in channel capacity/Waters of the United States would occur under the proposed Project. Specifically, there would be a net decrease of 0.0175 ac of permanent fill within delineated Waters of the United States, and a net decrease of 0.04 ac of permanent fill within delineated CDFW aquatic resources. As shown on Figure 4, a potential temporary bike detour route would be constructed within the Santa Ana River channel. This potential detour route would be constructed and deconstructed during dry -season work within the channel. The detour route would have a dirt base with an asphalt surface, and would be entirely removed following construction of the proposed Project. Impacts associated with the potential bike detour route shown on Figure 4 would amount to 0.11 ac of temporary fill within delineated Waters of the United States and 0.13 ac of temporary fill within delineated CDFW aquatic resources. In addition, temporary fills associated with dewatering activities and/or materials staging within the BSA will likely be required to complete the bridge removal and replacement. Such temporary fills would not permanently reduce channel capacity or result in the loss of aquatic resources. Indirect effects such as dust and construction -related runoff are also possible, but such impacts would be effectively avoided or minimized by implementing standard best management practices (BMPs) during construction. No compensatory mitigation is required because the proposed Project would not adversely impact any jurisdictional wetlands, riparian areas, or Waters of the United States. A net increase of channel capacity/Waters of the United States would occur with implementation of the proposed Project. Since work would be occurring within jurisdictional aquatic resources, resource agency permits (USACE Section 404 Nationwide Permit authorization, CDFW Section 1602 Streambed Alteration Agreement, and RWQCB Section 401 Water Quality Certification) will likely be required for the proposed Project. The purpose of these permits is to ensure that projects that impact jurisdictional areas do not impair water quality or habitat. The resource agency permits will include specific conditions to be implemented to avoid substantial impacts to water quality or habitat. Mitigation Measure 13I0-7 requires the submittal of permit applications and compliance with permit conditions In order to avoid impacts to aquatic resources within the Santa Ana River and adjacent habitat areas, standard BMPs are necessary to protect water quality and prevent the spread of invasive R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7c05rBBZ 9 3-25 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 species. Mitigation Measure BIO-8 includes BMPs to prevent loose soil or pollutants associated with the proposed Project from inadvertently entering the channel to protect water quality. Mitigation Measure BIO-9 includes BMPs to prevent the spread of invasive plant species that could degrade aquatic habitat areas. Therefore, with implementation of Mitigation Measures BIO-7 through BIO-9, the proposed Project would not have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. Impacts would be less than significant with mitigation incorporated. d. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Significant Impact. An official Endangered Species Act Species List was obtained from the National Oceanic and Atmospheric Administration Fisheries Service (NOAA Fisheries) on March 16, 2018. An updated official species list was received on October 28, 2018, and is included in Appendix A of the NES. No Essential Fish Habitat is present in the BSA, and a No Effect determination was made for the Federal Endangered Species Act (FESA) listed species identified during the literature review; therefore, no further consultation with NOAA Fisheries is anticipated to be required. As identified above, the BSA encompasses the Project direct -impact areas (temporary and permanent) as well as a buffer area to account for any potential proximity effects (e.g., noise, vibration, dust, or lighting) that may occur outside the direct -impact areas. The BSA is located within urban portions of Santa Ana with no connection to undisturbed or natural lands. The proposed Project would have limited permanent impacts to vegetation in the BSA, which mainly consists of ornamental or ruderal (weedy) species that have low habitat value for most native animal species. The wildlife species that occur in the Project vicinity are adapted to the urban—wildland interface, and the Project would not introduce new affects to the area. The noise, vibration, light, dust, or human disturbance within construction areas would only temporarily deter wildlife from using areas in the immediate vicinity of construction activities. These indirect effects could temporarily alter migration behaviors, territories, or foraging habitats in select areas. However, because these are temporary effects, it is likely that wildlife already living and moving in close proximity to urban development would alter their normal functions for the duration of the Project construction and then reestablish these functions once all temporary construction effects have been removed. The proposed Project would not place any permanent barriers within any known wildlife movement corridors or interfere with habitat connectivity. Therefore, the proposed Project would not have a substantial impact on native resident or migratory fish, migratory wildlife corridors, or native wildlife nursery sites. Impacts would be less than significant, and no mitigation is required. e. Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. The Project area is located in an urban setting. The City's General Plan Conservation Element establishes objectives that focus on the preservation of open space and cultural resources, 3-26 758" 0,14D\RD.1ISMND\FairviewSt,EFtBridgPROMISMND.d.cx(05/26/20) INITIAL STU DY/M ITIGATED NEGATIVE DEC LANATI ON MAY 2020 FAIRVIEW BRIDGE REPLACE MENT AND STREET IMPROVEMENTS L S A (9TH STREET TO 16TH STREET) PROJECT SANTA ANAL CALL EORNIA and protecting the public's health and welfare. In addition, the City's Municipal Code Chapter 33, Article VII, Regulation of the Planting, Maintenance, and Removal of Trees establishes policies, regulations, and standards to ensure that the City continues to realize the benefits provided by its urban forest. The Project would require removal of vegetation and ornamental trees and replacement of the existing bridge and would comply with the City's tree ordinance. No impact would occur, and no mitigation is required. f. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Project area is not within the boundaries of any an adopted Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or other approved local, regional, or State habitat conservation plan. Therefore, the proposed Project would not conflict with the provisions of an adopted HCP, NCCP, or other approved conservation plan, and no impacts would occur. No mitigation is required. 3.4.3 Mitigation Measures Mitigation Measure BIO-1 Nesting Bird Surveys and Avoidance. If vegetation removal, construction, or grading activities are planned to occur within the nesting bird season (February 1 to September 30), the City of Santa Ana (City) Public Works Director or designee shall ensure that a qualified biologist conducts a preconstruction nesting bird survey no more than three days prior to the start of such activities. The nesting bird survey shall include the Project site and areas immediately adjacent to the site that could potentially be affected by Project -related activities such as noise, vibration, increased human activity, and dust, etc. For any active nest(s) identified, the qualified biologist shall establish an appropriate buffer zone around the active nest(s). The appropriate buffer shall be determined by the qualified biologist based on the species, location, and nature of the proposed activities. Project activities shall be avoided within the buffer zone until the nest is deemed no longer active by the qualified biologist. Mitigation Measure BIO-2 Bat Eviction/Exclusion. To avoid direct mortality of individual bats, the City Public Works Director or designee shall ensure that humane evictions (if bats are present) and exclusions of roosting bats shall be performed under the supervision of a California Department of Fish and Wildlife (CDFW) approved bat biologist prior to bridge demolition activities. Eviction/exclusion activities shall be performed in the fall (September or October) prior to bridge demolition. Exclusion activities may be implemented in one or two phases at the discretion of the qualified bat biologist and in R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7,05SM6 1 3-27 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TN STREET TO 16TH STREET( PROJECT SANTA ANAL CALIFORNIA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 coordination with the City Public Works Director or designee and Project Design Team. Mitigation Measure BIO-3 Alternate Bat Roosting Habitat. The City Public Works Director or designee shall ensure that alternate bat roosting habitat is incorporated into the design of the new bridge to replace crevice habitat lost from removal of the existing Fairview Street bridge over the Santa Ana River. The specifications for this replacement habitat shall be designed in consultation with a qualified bat biologist. Mitigation Measure BIO-4 Swallow Nest Removal. The City Public Works Director or designee shall ensure that if swallow nests are removed to prevent swallows from nesting within the Project area during construction activities, they shall be removed in the fall (i.e., September or October) prior to expected or potential overwintering use by bats, and in a manner that ensures they do not fall to the ground or are otherwise destroyed, unless the absence of bats is confirmed through inspection by a qualified bat biologist. Mitigation Measure BIO-5 Nighttime Lighting during Construction. To minimize temporary indirect impacts during nighttime work for Project construction within 200 feet of the bridge structures, the Construction Contractor shall ensure that night lighting is used only in the area actively being worked on and focused on the direct area of work, and airspace access to and from the roost features of a structure shall not be obstructed except in direct work areas. Mitigation Measure BIO-6 New Bridge Lighting. To avoid permanent indirect impacts to roosting and foraging bats, the City Public Works Director or designee shall ensure that bridge lighting on the new bridge is designed and installed in such a way that light overspill into the Santa Ana River and beneath the bridge is limited to the greatest extent practicable. Mitigation Measure BIO-7 Resource Agency Permits. Prior to construction of the Project, the City Public Works Director or designee shall submit resource agency permit applications and obtain permits authorizations from the United States Army Corps of Engineers (USACE) (Section 404 Nationwide Permit authorization), CDFW (Section 1602 Streambed Alteration Agreement), and Regional Water Quality Control Board (Section 401 Water Quality Certification). The City Public Works Director or designee shall ensure compliance with all permit conditions. Mitigation Measure BIO-8 Best Management Practices (BMPs) during Construction. The Construction Contractor shall ensure that all equipment 3-28 7 5r11V4,214D\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA maintenance, staging, dispensing of fuel or oil, or any other such activities shall occur in designated upland areas. The designated upland areas shall be located in such a manner as to prevent any spill runoff from entering Waters of the United States and other jurisdictional waters. Silt fencing and straw wattle shall be placed in such a manner that they are able to catch or filter sediment or other construction -related debris to prevent it from entering aquatic areas, where necessary. All construction -related debris and trash shall be disposed of or secured to prevent any such waste from entering aquatic areas. Mitigation Measure BIO-9 Invasive Species. In order to prevent the spread of invasive species (Executive Order 13112), the Construction Contractor shall ensure that any plants removed or soil disturbed during the course of construction are contained and properly disposed of off site. All mulch, topsoil, seed mixes, or other plantings used during landscaping activities and any erosion -control BMPs implemented shall be free of invasive plant species seeds or propagules. No vegetation listed on the California Invasive Plant Council (Cal-IPC) inventory shall be installed on the Project, and all plant palettes proposed for the Project shall be reviewed by a qualified biologist during the Final Design phase. R:\WKE1702\ISMND\Final ISMND\Fairview Street Bridge Final ISMN07c05S2S6 3 3-29 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT SANTA ANAL CALIFORNIA 3.5 CULTURAL RESOURCES INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Cause a substantial adverse change in the significance of a El El El 0 historical resource pursuant to §15064.5? b. Cause a substantial adverse change in the significance of an El El El archaeological resource pursuant to §15064.5? c. Disturb any human remains, including those interred outside El El El of formal cemeteries? 3.5.1 Existing Setting The discussion of cultural resources on and in the vicinity of the Project area and the analyses of the potential effects of the proposed Project on cultural resources provided in this section are based on the Historical Property Survey Report" (HPSR) and its attached reports (Historical Resources Evaluation Report [HRER] and Archeological Survey Report [ASR]) for the proposed Project. The Area of Potential Effects (APE) for the proposed Project totals 11.93 ac, as shown in Appendix C. The APE includes areas where physical impacts as well as indirect effects from the proposed Project would occur. These are generally limited to the proposed Project's proposed and existing right-of- way and include the horizontal and vertical limits associated with ground -disturbing activities. The vertical APE within the areas of direct effects will extend to a maximum depth of 15 ft for bridge abutments. 3.5.1.1 Cultural and Archaeological Resources On March 5, 2018, a record search was conducted at the South Central Coastal Information Center of the California Historical Resources Information System at California State University, Fullerton. The records search identified eight cultural resources studies that included parts of the APE. These studies include 4 surveys, 2 literature searches, 1 monitoring study, and 1 Environmental Impact Statement (EIS). An additional 31 studies have been conducted within 1 mi of the APE. These studies include 24 surveys, 2 literature searches, 3 evaluations/assessments, 1 project authorization, and 1 EIS. There are no previously recorded sites within the APE. There have been 44 resources recorded within 1 mi of the APE (1 prehistoric and 43 historic). The prehistoric resource (a habitation site that is no longer extant) is approximately 1 mi from the APE. Of the historic resources, 1 is a railroad bridge and the other 42 are buildings. The buildings include 28 single-family residences, 10 commercial buildings, 1 single-family residence/commercial building, 2 hotels/motels, and 1 school. 11 LSA, 2019a. Historic Property Survey Report. June. 3-30 7 5864ND\Final ISMND\Fairview Street Bridge Final ISMND.doC. (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA The Office of Historic Preservation Historic Property Data File includes properties in both Santa Ana and Garden Grove. There are 18 listed properties in Santa Ana within 1 mi of the APE. All of the properties are buildings constructed between 1898 and 1955. Seventeen of the buildings were determined ineligible for National Register of Historic Places (NRHP) listing, while one needs reevaluation. In Garden Grove, the Historic Resources Inventory (HRI) identifies 11 properties with 1 mi of the APE. These properties include nine buildings, an 1880 eucalyptus vat, and a 1976 storm drain. The storm drain was determined ineligible for National Register listing, while the eucalyptus vat needs reevaluation. The nine buildings were constructed between 1949 and 2000. All nine buildings were determined to be ineligible for listing in the National Register. The earliest available online aerial photograph of the area dates from 1953. It shows that although there were residential housing tracts in the area, the land along what would become Fairview Street was still open agricultural land except at the north where Westminster Avenue/17th Street is, and at the south, where several buildings are just southwest of the current APE. A 1963 aerial photograph is the first to show Fairview Street and the Fairview Street bridge. By 1963, tract housing existed alongside the APE and the areas adjacent to the APE were more than half developed. A 1972 aerial photograph shows that the Fairview Street Bridge is much larger than that depicted on the 1963 aerial. The bridge on the 1972 aerial appears to be the currently existing bridge. By 1972, several undeveloped areas existed adjacent to the APE, although these did not exist in the next available aerial photograph dated 1995. Little change has occurred to the APE since 1995. On March 16, 2018, LSA archaeologist Ivan Strudwick conducted a field survey of 3.92 ac of the total 11.93 ac APE. The survey areas consisted of approximately 2,650 ft of Fairview Street between Westminster Avenue/17th Street and Civic Center Drive West. The APE is mainly a paved, developed area, although patches of exposed sediment with some variation of ground visibility were found. One archaeological resource, an isolated fragment of marine shell, was found during the survey. Under CEQA, isolated finds are not considered important/significant resources. As such, the isolated shell fragment is not important and requires no additional evaluation for the proposed Project. On April 4, 2019, architectural historians Casey Tibbet and Eugene Heck conducted an intensive - level pedestrian survey of the historic -period built environment in the APE. During the survey, Ms. Tibbet took digital photographs of the exteriors of the historic -period buildings and features and made detailed notations regarding their current conditions, integrity levels, physical characteristics, and setting. In addition, Ms. Tibbet and Mr. Heck completed a reconnaissance -level survey of the general setting and of the buildings and features. 3.5.2 Impact Analysis a. Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? No Impact. According to the HPSR, all resources were determined to be ineligible for listing in the National Register and are not eligible to qualify as historical resources as defined in Section 15064.5 of CEQA. As a result, there are no resources in the Project area that are considered historical resources as defined in Section 15064.5 of CEQA. Therefore, the proposed Project would not cause a substantial adverse change in the significance of a historical resource. Therefore, no impacts to R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7,05SM6 5 3-31 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 historical resources would occur as a result of the construction and operation of the proposed Project. No mitigation is required. b. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Less Than Significant with Mitigation Incorporated. A single shell fragment (Chione californiensis was found in the APE in an undeveloped area on the west side of Fairview Street just south of the Santa Ana River. No other cultural resources were found in the vicinity; thus, the resource is an isolated find. Isolated finds are not considered important/significant under CEQA. As such, the isolated shell fragment found in the current APE is not an important resource and requires no further evaluation. No additional archaeological resources were identified within the APE through archival research or the field survey. The majority of the APE consists of paved asphalt and concrete sidewalk along Fairview Street from Westminster Avenue/17th Street south to Civic Center Drive. A small amount of acreage also includes areas outside of the sidewalk including adjacent streets, and the building, lawn, and parking lot at 1002 Fairview Street. All surveyable areas in the APE exhibited high levels of disturbance from road and bridge construction and adjacent home construction. Buried utilities have also added to the disturbance of the APE. The entire APE has been substantially altered during previous construction activities. As such, the likelihood of encountering intact archaeological resources is very low. However, if previously unidentified cultural materials are unearthed during construction, work should be halted in that portion of the Project area until a qualified archaeologist can assess the significance of the find. As a precautionary measure to avoid any impacts to potential archaeological resources, Mitigation Measure CULT-1 requires a professional archaeologist to evaluate any cultural material encountered during construction. Therefore, with implementation of Mitigation Measure CULT-1, the proposed Project would not cause a substantial adverse change in the significance of an archaeological resource. c. Would the project disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant with Mitigation Incorporated. No known human remains are known to exist in or near the Project area. However, there is a possibility that unanticipated human remains may be encountered during ground -disturbing Project -related activities. As a precautionary measure, Mitigation Measure CULT-2 requires adherence to California Code of Regulations (CCR) Section 15064.5(e), State Health and Safety Code Section 7050.5, and Public Resources Code (PRC) Section 5097.98, with respect to discovery of human remains during construction activities. With implementation of Mitigation Measure CULT-2, the proposed Project would reduce the potential for impacts to unknown buried human remains to a less -than -significant level. 3-32 75r 466,1413\FinalISMND\Fairview Street Bridge Final ISMND.docx(OS/26/2O) INITIAL STD DY/M ITIGATED NEGATIVE DECLARATION MAY 2020 FAIRVIEW BRIDGE REPLACE MENT AND STREET IMPROVEMENTS L S A (9TH STREET TO 16TH STREET) PROJECT SANTA ANAL CALL EORNIA 3.5.3 Mitigation Measures Mitigation Measure CULT-1 Cultural Resources Discovery. If archaeological cultural resources are encountered during construction, the Construction Contractor shall ensure that work within 50 meters (165 feet) of the area of the discovery is stopped and will notify the City of Santa Ana (City) Public Works Director or designee. A professional archaeologist (i.e., an archaeologist registered with the Register of Professional Archaeologists) will be contacted and will visit the site to assess the nature and significance of the find. The archaeologist will then develop proper mitigation measures for the discovery. Work could continue on other parts of the Project while cultural resources mitigation takes place. Mitigation Measure CULT-2 Human Remains. The City Public Works Director or designee shall verify that all construction plans specify the requirements of California Code of Regulations (CCR) Section 15064.5(e), State Health and Safety Code Section 7050.5, and Public Resources Code (PRC) Section 5097.98. In the event that human remains are encountered in the Project area during construction activities, work within 50 feet of the discovery shall be redirected and the County Coroner notified immediately consistent with the requirements of CCR Section 15064.5(e). If the remains are determined to be Native American, the County Coroner shall notify the Native American Heritage Commission (NAHC), which shall determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. The MLD recommendations may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials, preservation of Native American human remains and associated items in place, relinquishment of Native American human remains and associated items to the descendants for treatment, or any other culturally appropriate treatment. Consistent with CCR Section 15064.5(d), if the remains are determined to be Native American and an MLD is notified, the City Public Works Director or designee shall consult with the MLD, as identified by the NAHC, to develop an agreement for treatment and disposition of the remains. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7,05SM67 3-33 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TN STREET TO 16TH STREET( PROJECT SANTA ANAL CALIFORNIA 3.6 ENERGY INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 Less Than Potentially Significant Impact Significant with Mitigation Incorporated Less Than Significant Impact No Impa Would the project: a. Result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of El ❑ ® ❑ energy resources during project construction or operation? b. Conflict with or obstruct a state or local plan for renewable El El 0 El energy or energy efficiency? 3.6.1 Existing Setting In 2002, the Legislature passed Senate Bill (SB) 1389, which required the California Energy Commission (CEC) to develop an integrated energy plan every 2 years for electricity, natural gas, and transportation fuels, for the California Energy Policy Report. The plan calls for the State to assist in the transformation of the transportation system to improve air quality, reduce congestion, and increase the efficient use of fuel supplies with the least environmental and energy costs. To further this policy, the plan identifies a number of strategies, including assistance to public agencies and fleet operators in implementing incentive programs for zero -emission vehicles and their infrastructure needs, and encouragement of urban designs that reduce vehicle miles traveled (VMT) and accommodate pedestrian and bicycle access. The CEC is in the process of adopting the 2019 Integrated Energy Policy Report.12 The 2019 Integrated Energy Policy Report provides the results of the CEC's assessments of a variety of energy issues facing California. Many of these issues will require action if the State is to meet its climate, energy, air quality, and other environmental goals while maintaining energy reliability and controlling costs. The 2019 Integrated Energy Policy Report covers a broad range of topics, including implementation of SB 350, integrated resource planning, distributed energy resources, transportation electrification, solutions to increase resiliency in the electricity sector, energy efficiency, transportation electrification, barriers faced by disadvantaged communities, demand response, transmission and landscape -scale planning, the California Energy Demand Preliminary Forecast, the preliminary transportation energy demand forecast, renewable gas (in response to 513 1383), updates on Southern California electricity reliability, the natural gas outlook, and climate adaptation and resiliency. 3.6.2 Impact Analysis a. Would the project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation? Less Than Significant Impact. This analysis evaluates energy consumption for both construction and operation of the proposed Project, including diesel fuel use for construction off -road equipment. " California Energy Commission. 2019. 2019 Integrated Energy Policy Report. Docket #19-IEPR-01. 3-34 7 58�68ND\Final ISMND\Fairview Street Bridge Final ISMND.docx (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA Construction. Construction of the proposed Project would require the use of energy to fuel grading vehicles, trucks, and other construction vehicles. All or most of this energy would be derived from nonrenewable resources. Construction activities are not anticipated to result in an inefficient use of energy, as gasoline and diesel fuel would be supplied by construction contractors who would conserve the use of their supplies to minimize their costs on the proposed Project. Energy usage on the Project site during construction would be temporary in nature and would be relatively small in comparison to the State's available energy sources. Therefore, construction energy impacts would be less than significant. No mitigation is required. Operation. Typically, energy consumption is associated with fuel used for vehicle trips and natural gas and electricity use. Energy use consumed during operation of the proposed Project would be associated with fuel used for vehicle trips and electricity consumption associated with the proposed Project. Operation of the proposed Project would not require the consumption of natural gas. The purpose of the proposed Project is to reduce congestion and improve pedestrian and bicyclist safety on Fairview Street between 9th Street and 16th Street, consistent with the Orange County Master Plan of Arterial Highways and the City's General Plan Circulation Element. Currently, the Fairview Street bridge is utilized by bicyclists and pedestrians to cross over the Santa Ana River, but there are no existing sidewalks or bikeways on the bridge. As part of the proposed Project, the Fairview Street bridge would be replaced with a new six -lane bridge (three lanes in each direction), including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised median, and lighting. These features would improve the safety of the area for both motorized and nonmotorized travel. Vehicles using the roadway would continue to consume energy. Because the Project would add lane capacity to the Fairview Street bridge, some traffic currently using other routes would use the widened Fairview Street bridge, which would increase VMT in the area, which could increase fuel demand. On the other hand, the improved bridge may attract additional pedestrians and bicyclists due to added sidewalks and bikeways, which would allow for a decreased dependence on nonrenewable energy resources. In addition, non -vehicular energy use consumed by the proposed Project would be associated with minimal electricity consumption associated with lighting along the Project segment. Therefore, implementation of the proposed Project would not result in a long-term substantial demand for electricity and natural gas, nor would the Project require new service connections or construction of new off -site service lines or substations to serve the Project. The nature of proposed improvements would not require substantial amounts of energy for either construction or maintenance purposes. Therefore, the proposed Project would not use nonrenewable resources in a wasteful or inefficient manner. Therefore, operational energy impacts would be less than significant. No mitigation is required. b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact. As indicated above, energy usage in the Project area during construction would be temporary in nature. In addition, energy usage associated with operation of the proposed Project would be relatively small in comparison to the State's available energy sources, and energy impacts would be negligible at the regional level. Because California's energy R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7,058,569 3-35 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 conservation planning actions are conducted at a regional level, and because the Project's total impact on regional energy supplies would be minor, the proposed Project would not conflict with California's energy conservation plans as described in the CEC's 2019 Integrated Energy Policy Report. Further, the proposed Project includes pedestrian and bicycle safety improvements to promote the use of alternative modes of transportation, which allow for a decreased dependence on nonrenewable energy resources and a reduction in energy use. Thus, as shown above, the proposed Project would avoid or reduce the inefficient, wasteful, and unnecessary consumption of energy and not result in any irreversible or irretrievable commitments of energy. Impacts would be less than significant. No mitigation is required. 3-36 7 584220AND\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) NT TS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA L, OREGT SANTA ANAL CALIFOPHIA 3.7 GEOLOGY AND SOILS Less Than Potentially Significant with Less Than Significant Mitigation Significant No Would the project: a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based ❑ ❑ ® ❑ on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? ❑ ❑ ® ❑ iii. Seismic -related ground failure, including liquefaction? ❑ ❑ ® ❑ iv. Landslides? ❑ ❑ ❑ b. Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ® ❑ c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and ❑ ❑ ® ❑ potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct ❑ ❑ ® ❑ or indirect risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems ❑ ❑ Elwhere sewers are not available forthe disposal of waste water? f. Directly or indirectly destroy a unique paleontological ❑ ® El ❑ resource or site or unioue eeoloeic feature? 3.7.1 Existing Setting This section is based on the Preliminary Geotechnical Information study13 and Paleontological Analysis Memorandum (Appendix A).14 3.7.1.1 Geologic and Soils Information The Project area is located in the Los Angeles physiographic basin, which is a large, relatively flat, low-lying, coastal area surrounded by mountains on the north, east, and southeast. The Project area is located in the southeastern part of the basin known as the Tustin Plain. Regional geologic studies indicate that Holocene -age, flood -plain sediments extend to a depth of a few hundred feet and overlie coarse sand and gravel of the Holocene -age Talbert aquifer. Quaternary -age sediments are about 2,000 ft thick in the region. The Quaternary sediments overlie Tertiary -age sedimentary rocks. The Mesozoic —age crystalline basement rocks are about 14,000 ft below the Project area. 13 Earth Mechanics, Inc. 2018. Preliminary Geotechnical Information. March 20. 14 LSA Associates, Inc. 2019d. Paleontological Analysis of the Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project Santa Ana, Orange County, California. September 7. R:\WKE1702\ISMND\Final ISMND\Fairview Street Bridge Final ISMND7,658m7 1 3-37 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 The Project area is relatively flat and situated at an elevation of about 100 ft. In the natural regime, the Project area is within the Santa Ana River flood plain, and the portion of the river through the Project area is confined to a concrete -lined channel. Exploratory boreholes, drilled in the years 2003 and 2004 in the Project area, show that the area i underlain by nonindurated alluvial sediments ranging from clay to sand to gravel. The soils are Holocene -age flood -plain sediments of the Santa Ana River. Generally, the soils within the Project area consist of alternating, interbedded layers of sand with varying fines content, lean clay with varying amounts of sand, and few silt layers. The deeper sand layers include trace to moderate amounts of fine to coarse gravel. 3.7.1.2 Paleontological Resources Project plans, geologic maps of the Project area, and relevant geological and paleontological literature were reviewed to determine which geologic units are present in the Project area and whether fossils have been recovered in the Project area or from those or similar geologic units elsewhere in the region. In addition, a search for known fossil localities was conducted through the Natural History Museum of Los Angeles County (LRCM) to determine the status and extent of previously recorded paleontological resources within and surrounding the Project area. Afield survey of the Project area was also conducted to note the sediments at the surface; relocate any known paleontological localities, if present; and identify any unrecorded paleontological resources exposed on the surface of a Project area. Results of the literature review indicate that the Project area is located at the northern end of the Peninsular Ranges Geomorphic Province, a 900 mi long northwest -southeast -trending structural block that extends from the Transverse Ranges in the north to the tip of Baja California in the south. Within this larger region, the Project is located in the Los Angeles Basin, a broad alluvial lowland bounded to the north and east by the San Gabriel and Santa Ana Mountains, respectively, and by the Pacific Ocean to the southwest. Geologic mapping by Morton and Miller shows that the Project area contains Very Young Wash Deposits and Young Alluvial Fan Deposits. In addition, because the Project area has been previously developed, some amount of Artificial Fill is likely present at the surface above the geologic unit mapped by Morton and Miller. Ages for the geologic epochs and subdivisions are based on the International Chronostratigraphic Chart prepared by the International Commission on Stratigraphy and Walker et al. Artificial Fill consists of sediments that have been removed from one location and transported to another location by human activity, rather than by natural means. The transportation distance can vary from a few feet to many miles, and composition is dependent on the source and purpose. While Artificial Fill may contain fossils, these fossils have been removed from their original location and are thus out of stratigraphic context. Therefore, they are not considered important for scientific study. As such, Artificial Fill has no paleontological sensitivity. The Very Young Wash Deposits are late Holocene in age (less than 4,200 years ago) and consist of unconsolidated sand and gravel in active washes, channels on active alluvial fans, and ephemeral 3-38 7 584,2ND\Final ISMND\Fairview Street Bridge Final ISMND.doC. (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA streams. These deposits accumulated along river and stream channels as floods and debris flows carried sediment down from higher elevations. The size, color, and types of clasts in these deposits are dependent on the local bedrock from which they were derived, with boulder -size clasts more common closer to the mountains and in areas prone to flash floods. These deposits are mapped along the Santa Ana River channel in the Project area. Although Holocene deposits can contain remains of plants and animals, only those from the middle to early Holocene (4,200 to 11,700 years ago) are considered scientifically important. Older deposits that may contain scientifically important fossils may be encountered at undetermined depths below these late Holocene deposits. Therefore, the Very Young Wash Deposits are considered to have low paleontological sensitivity. Young Alluvial Fan Deposits, which are Holocene to late Pleistocene in age (less than 126,000 years ago), consist of unconsolidated gravel, sand, and silt with occasional cobbles and boulders near mountain fronts. These sediments were deposited by flooding streams and debris flows coming down from higher elevations and generally form a fan or lobe shape at the base of hills and mountains. As noted above, only fossils from the middle to early Holocene (4,200 to 11,700 years ago) are considered scientifically important. These Holocene deposits overlie older Pleistocene deposits, which have produced scientifically important fossils elsewhere in the region. These older deposits span the end of the Rancholabrean North American Land Mammal Age (NALMA), which dates from 11,000 to 240,000 years ago and was named for the Rancho La Brea fossil site in central Los Angeles. The presence of Bison defines the beginning of the Rancholabrean NALMA, but fossils from this time also include other large and small mammals, reptiles, fish, invertebrates, and plants. There is a potential to find these types of fossils in the older sediments of this geologic unit, which may be encountered below a depth of approximately 10 ft. Therefore, these deposits are assigned low paleontological sensitivity from the surface to a depth of 10 ft and high sensitivity below that mark. According to the locality search conducted by the LACM, there are no known fossil localities within the boundaries of the proposed Project. The LACM reports that the Project area is underlain by deposits of younger Quaternary alluvium overlying older Quaternary alluvium (i.e., Young Alluvial Fan Deposits). The museum notes that these deposits typically do not contain scientifically significant fossils in the uppermost layers however; they may produce important fossils at depth. The closest vertebrate locality in these older Quaternary deposits is LACM 1339, south-southwest of the Project area near the top of the bluffs along Adams Avenue in Costa Mesa. This locality produced a specimen of horse (Equus) at a depth of 43 feet below the street. The next closest locality is LACM 2032, northeast of the Project area near the intersection of Mission Road and Daly Street. That locality yielded specimens of mammoth (Mammuthus) and camel (Camelidae) at a depth of 15 ft below the top of the bluff. Locality LACM 4943, which is located northeast of the Project area near the intersection of Glassell Street and Fletcher Avenue in Orange, produced a specimen of horse (Equus) at a depth of 8 to 10 ft below the surface. The LACM believes that shallow excavations in the Young Alluvial Fan Deposits in the Project area are unlikely to encounter any scientifically important vertebrate fossils. However, the museum notes that deeper excavations into these deposits may encounter scientifically significant vertebrate remains and should be monitored to recover those remains. A copy of the letter describing the locality search results from the LACM is provided in Appendix A. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street BrldgP Final ISMND7,658m7 3 3-39 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 3.7.2 Impact Analysis a. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Less Than Significant Impact. No active surface faults are mapped or known to cross Santa Ana, and Santa Ana is not located in an Alquist-Priolo Earthquake Fault Zone. However, Santa Ana is in close proximity to two major faults: the Newport -Inglewood Fault Zone and the Whittier - Elsinore Fault Zone. The San Andreas and Raymond Faults are also proximate to Santa Ana. However, the Project area is not located on any active faults or any inactive fault lines. The proposed Project includes roadway improvements and would not include the construction or rehabilitation of structures for human occupancy. Therefore, potential for the exposure of people or structures to potential substantial adverse effects related to fault rupture as provided in the Alquist-Priolo Earthquake Fault Zoning Act is less than significant. No mitigation is required. ii. Strong seismic ground shaking? Less Than Significant Impact. Strong seismic ground shaking has the potential to occur in the Project area and in the surrounding area due to high rates of seismic activity throughout Southern California. The extent of ground shaking associated with an earthquake depends on the size of the earthquake and the geologic material of the underlying area. As discussed in Response 3.7.2(a)(i), no active surface faults are mapped or known to cross Santa Ana; however, Santa Ana is subject to seismic shaking from faults located outside Santa Ana. The Project improvements would comply with applicable provisions of the most recent California Building Code (CBC), as well as City roadway design requirements, including requirements regarding seismic design and structural features. These regulations detail specific measures, including seismic design parameters, to minimize the risk of loss, injury, or death resulting from strong ground shaking. With adherence to seismic engineering and design criteria, seismic ground -shaking hazards at the proposed Project would be less than significant. No mitigation is required. iii. Seismic -related ground failure, including liquefaction? Less Than Significant Impact. Liquefaction occurs when shallow, loose, unconsolidated, fine- to medium -grained sediments saturated with water are subjected to shaking as a result of an earthquake. This causes the soils to lose cohesion, leading to liquefaction. The possibility of seismic -related liquefaction occurring in the Project area is dependent on the occurrence of a substantial earthquake in the vicinity, the presence of sufficient groundwater to cause high pore 3-40 7 584,4ND\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/2O) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OREGT SANTA ANAL CALIFOPHIA pressures, soil grain size, plasticity, relative density, and the confining pressures of the soils in the Project area. As discussed above, the proposed Project does not propose habitable structures and thus would not expose people or structures to potentially substantial adverse effects, including the risk of loss, injury, or death involving seismic -related ground failure (e.g., liquefaction). The original roadway design and proposed Project improvements are subject to California geotechnical standards and regulations (e.g., the CBC) to reduce impacts related to seismic hazards, including liquefaction. Therefore, the proposed Project would result in less -than -significant impacts related to seismic events, including liquefaction. No mitigation is required. iv. Landslides? No Impact. Seismically induced landslides and other slope failures are common occurrences during, or soon after, earthquakes in areas with significant ground slopes. Currently, there are no State -issued seismic hazard zone maps for the City." The proposed Project would not introduce any new topographical features or elements that would increase the risk of landslide within the Project vicinity. Therefore, there would be no potential impacts to the proposed Project related to landslides. No mitigation is required. b. Would the project result insubstantial soil erosion or the loss of topsoil? Less Than Significant Impact. The Project area is an existing roadway, and the majority of the area is paved. Because the Project area is developed, existing topsoil has already been removed or otherwise disturbed. However, during construction, earthwork and grading activities would disturb and expose soils along the shoulder of Fairview Street. Construction activities are subject to the CBC and would be required to comply with the Construction General Permit (CGP) issued by the State Water Resources Control Board (SWRCB). The National Pollutant Discharge Elimination System (NPDES) program regulates storm water and non -storm water discharges associated with construction or demolition activities including, but not limited to, clearing, grading, grubbing, or excavation, or any other activity that results in a land disturbance equal to or greater than 1 ac. The NPDES program requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP), which will prescribe BMPs that the discharger will use to protect storm water runoff and provide erosion control. Implementation of a SWPPP and the BMPs would minimize the impacts related to soil erosion to less -than -significant levels. Compliance with the CGP and the City's Water Quality Ordinance will reduce potential impacts related to erosion and loss of topsoil associated with the proposed project to levels considered less than significant. No mitigation is required. Is California Department of Conservation. 2006. Seismic Hazard Zones. Website: http://maps.conservation. ca.gov/cgs/informationwarehouse/ (accessed August 2019). R:\WKE1702\ISMND\Fina1 ISMND\Fairview Sheet BrldgP Final ISMND7,65rBBm75 3-41 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 c. Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact. As discussed above in Response 3.7.2(a)(iii) and Response 3.7.2(a)(iv), liquefaction is not anticipated to be a concern, and the Project site is not located within an earthquake -induced -landslide area. The proposed Project would not introduce any new topographical features or elements that would change the existing geologic setting of the Project area. The proposed Project is located in a seismically active region; however the Project area is an existing roadway and the majority of the area is paved. As such, on -site geologic and soils issues such as on -site soil stability including landslides, lateral spreading, subsidence, liquefaction, and collapse are not significant due to the nature of the Project. Therefore, implementation of the proposed Project would not result in impacts associated with unstable geologic conditions. Impacts related to geologic unit stability that could result in lateral spreading, subsidence, liquefaction, or collapse would be less than significant. No mitigation is required. d. Would the project be located on expansive soil, as defined in Table 18-1-8 of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less Than Significant Impact. Expansive soils generally have a substantial amount of clay particles, which can give up water (shrink) or absorb water (swell) in response to dry and moist conditions and can result in cracking and structural failure of pavement and foundations. The extent or range of the shrink/swell is influenced by the amount and kind of clay present in the soil. The occurrence of these soils is often associated with geologic units having marginal stability. Soils comprised of sand and gravel are not expansive soils. The soils within the Project area consist of alternating, interbedded layers of sand with varying fines content, lean clay with varying amounts of sand, and few silt layers.16 The deeper sand layers include trace to moderate amounts of fine to coarse gravel." As soils within the Project area consist of sand, lean clay with sand, and silt layers, the proposed Project is not expected to create substantial risks to life or property due to expansive soils. In addition, the Project area is an existing roadway and the majority of the area is paved. Therefore, the Project would not create substantial risks to life or property due to expansive soils. Impacts would be less than significant and no mitigation is required. e. Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The proposed Project is an improvement to the existing roadway and does not include the construction of, or connections to, a septic or alternative wastewater disposal system. Therefore, the proposed Project would not result in impacts related to the soil's capability to adequately support the use of septic tanks or alternative wastewater disposal systems, and no impacts would occur. No mitigation is required. 16 Earth Mechanics, Inc. 2018. op. cit. 11 Ibid. 3-42 7 5(11VdS�i261ND\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/2O) INITIAL STU DY/M ITIGATED NEGATIVE DECLARATION MAY 2020 FAIRVIEW BRIDGE REPLACE MENT AND STREET IMPROVEMENTS L S A (9TH STREET TO 16TH STREET) PROJECT SANTA ANAL CALL EORNIA f. Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant with Mitigation Incorporated. A paleontological resources records search and literature review were conducted to determine the paleontological sensitivity of the Project area. The majority of Project excavation is anticipated to be shallower than a depth of 10 ft, with only the bridge abutments possibly extending to a depth of 15 ft. Any Artificial Fill present within the Project area has no paleontological sensitivity, the Very Young Wash Deposits have low paleontological sensitivity, and the Young Alluvial Fan Deposits have low paleontological sensitivity from the surface to a depth of 10 ft and high paleontological sensitivity below a depth of 10 ft. However, because much of the Project area has been previously developed, excavation into any existing native deposits for the abutments will have a limited impact area. Excavation of the proposed Project may inadvertently encounter and impact paleontological resources. Therefore, if paleontological resources are encountered during the course of ground disturbance, work in the immediate area of the find is required to be redirected, and a paleontologist is required to assess the find for scientific significance to avoid significant impacts to paleontological resources. Mitigation Measure GEO-1 includes these requirements. Therefore, with implementation of Mitigation Measure GEO-1, impacts to paleontological resources would be less than significant. 3.7.3 Mitigation Measures Mitigation Measure GEO-1 Paleontological Resources Discovery. If paleontological resources are encountered during the course of ground disturbance, the Construction Contractor shall stop work in the immediate area of the find, notify the City Public Works Director or designee, and contact a qualified paleontologist to assess the find for scientific significance. If determined to be significant by the qualified paleontologist, the fossil shall be collected from the field. The qualified paleontologist may also make recommendations regarding additional measures, such as paleontological monitoring and documentation. If found, scientifically significant resources shall be prepared to the point of identification, identified to the lowest taxonomic level possible, cataloged, and curated into the permanent collections of a museum repository. If scientifically significant paleontological resources are collected, a report of findings shall be prepared to document the collection. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7,55rBB )77 3-43 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT SANTA ANAL CALIFORNIA 3.8 GREENHOUSE GAS EMISSIONS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Imoact Incoroorated Impact Imna Would the project: a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the ❑ ❑ ® ❑ environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse ❑ ❑ ® ❑ gases? 3.8.1 Existing Conditions Global climate change (GCC) describes alterations in weather features (e.g., temperature, wind patterns, precipitation, and storms) that occur across the Earth as a whole. Global temperatures are modulated by naturally occurring components in the atmosphere (e.g., water vapor, carbon dioxide [CO2), methane [CH4), and nitrous dioxide [N201) that capture heat radiated from the Earth's surface, which in turn warms the atmosphere. This natural phenomenon is known as the "greenhouse effect." That said, excessive human -generated greenhouse gas (GHG)18 emissions can and are altering the global climate. The CEQA statutes, the Governor's Office of Planning and Research (OPR) guidelines, and the changes to the State CEQA Guidelines currently prescribe specific quantitative thresholds of significance or a particular methodology for conducting an impact analysis related to GHG effects on global climate. In contrast, as with most environmental topics, significance criteria are left to the judgment and discretion of the lead agency. Currently, there is no Statewide GHG emissions threshold that has been used to determine the potential GHG emissions impacts of a project. Thresholds and threshold methodology are still being developed and revised by air quality districts in the State. To provide guidance to local lead agencies on determining significance for GHG emissions in their CEQA documents, SCAQMD convened a GHG CEQA Significance Threshold Stakeholder Working Group.This Working Group proposed a tiered approach for evaluating GHG emissions for development projects where SCAQMD is not the lead agency. The applicable tier for the proposed Project is Tier 3; if GHG emissions are less than 3,000 metric tons (MT) of CO2 equivalent (CO2e) per year, Project -level and cumulative GHG emissions would be less than significant. Individual GHGs have varying global warming potentials and atmospheric lifetimes. Because it is not possible to tie specific GHG emissions to actual changes in climate, this evaluation focuses on the Project's emission of GHGs. CO2e is a consistent methodology for comparing GHG emissions because 1s The principal greenhouse gases (GHGs) of concern contributing to the greenhouse effect are carbon dioxide (CO2), methane (CHa), nitrous oxide (N20), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SFG). Watervapor is the largest naturally occurring GHG; however, it is not identified as an anthropogenic constituent of concern. 3-44 7 58dS72'81ND\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/20) NT MENTS INITIAL STNDV/MITIGATED NEGATIVE DECLARATION FAIRVIEW RPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET rGANTx NA, CAL,ORNIA SANTA ANAL CALIFOPNIA it normalizes various GHGs to the same metric. GHG emissions are typically measured in terms of metric tons of CO2e. Therefore, for the purpose of this technical analysis, the concept of CO2e is used to describe how much global climate change a given type and amount of GHG may cause, using the functionally equivalent amount or concentration of CO2 as the reference. The GHG emissions estimates were calculated using the Roadway Construction Emissions Model Version 9.0.0. In addition, the Project's consistency with the City's adopted City Climate Action Plan (CAP)19 is discussed below. 3.8.2 Impact Analysis a. Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. The following sections describe the proposed Project's construction - and operation -related GHG impacts. Construction GHG Emissions. GHG emissions associated with the proposed Project would occur over the short term from construction activities, consisting primarily of emissions from equipment and vehicle exhaust. The calculation presented below includes construction emissions in terms of annual CO2e GHG emissions. Construction activities produce combustion emissions from various sources such as grubbing/land clearing, grading/excavation, drainage/utilities/subgrading, paving, construction equipment hauling materials to and from the site, and motor vehicles transporting the construction crew. Exhaust emissions from on -site construction activities would vary daily as construction activity levels change. Table 3.8.A presents the annual construction emissions based on the Roadway Construction Emissions Model emission estimates. Results indicate that Project construction would generate approximately a total of 1,693.17 MT of CO2e. Table 3.8.A: Project Construction Greenhouse Gas Emissions Project Phase CO2 (tons/phase) CH4 (tons/phase) N20 (tons/phase) CO2e (tons/phase) Grubbing/Land Clearing(lbs/day) 114.49 0.03 0.00 105.22 Grading/Excavation(lbs/day) 1,794.29 0.53 0.02 1,645.73 Drainage/Utilities/Subgrading (Ibs/day) 1,302.57 0.31 0.02 1,193.70 Paving(lbs/day) 442.70 0.10 0.02 409.16 Maximum (tons/phase) 2,012.65 0.56 0.03 1"8 34 Total (tons/construction project) 3,654.05 0.97 0.06 3,353.81 Amortized Emissions 146.16 0.04 0.00 134.15 Source: Sacramento Metropolitan Air Quality Management District Road Construction Emissions Model (May 2018), compiled by LSA (July 2018). CH.,=methane CO2e= carbon dioxide equivalent MIT metric tons COz=carbon dioxide Ibs/day=pounds per day WO nitrous oxide 19 City of Santa Ana. 2015. Final Climate Action Plan. December. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISM N07,558l17 9 3-45 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 Per SCAQMD guidance, due to the long-term nature of the GHGs in the atmosphere, instead of determining the significance of construction emissions alone, the total construction emissions are amortized over 30 years (an estimate of the life of a project) and included in the operations analysis. To amortize the emissions over the life of a project, the SCAQMD recommends calculating the total GHG emissions for the construction activities and dividing that total by a 30- year project life. Amortized over 30 years, the total construction emissions would generate approximately 134.15 MT of CO2e per year. As discussed above, according to SCAQMD, a project would have less -than -significant GHG emissions if it would result in less than 3,000 MT of CO2e per year. Based on the analysis results, the proposed Project would result in approximately 134.15 MT of CO2e per year, which would be well below the SCAQMD's numeric threshold of 3,000 MT of CO2e per year. Therefore, construction of the proposed Project would not generate significant GHG emissions that would have a significant effect on the environment. Therefore, construction emissions would be less than significant, and no mitigation is required. Operational Emissions.The purpose of the proposed Project is to improve pedestrian/bicyclist safety and traffic flow on and in the vicinity of the Fairview Street bridge. The proposed Project would not construct or permit the construction of any trip -generating land uses. Because the Project would add lane capacity to the Fairview Street bridge, some traffic currently using other routes would use the widened Fairview Street bridge, which would increase VMT in the area, which could increase GHG emissions. On the other hand, the improved bridge may attract additional pedestrians and bicyclists due to added sidewalks and bikeways, which would have the potential to reduce vehicle trips and increase the use of alternate means of transportation. Therefore, the Project would not result in a substantial increase in the generation of vehicle trips that would increase GHG emissions. The proposed Project would result in low levels of off - site emissions due to energy generation associated with lighting along the roadway segment and the Fairview Street bridge. However, these emissions would be minimal and would not exceed the pollutant thresholds established by the SCAQMD. Therefore, the proposed Project would not generate any GHG emissions or result in new vehicle trips that would contribute to an increase in GHG emissions. GHG emissions generated by the proposed Project would be less than significant, and no mitigation is required. b. Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant Impact. The City's CAP represents the City's commitment to improving the quality of life by reducing carbon pollution and energy use, both from its own operations and from the community as a whole. To develop this CAP, an inventory was conducted to determine baseline GHG emissions from the community and from municipal operations for the calendar year 2008. A forecast was made of business -as -usual emissions in the absence of any emissions reduction actions. This forecast was then adjusted to account for the emissions reduction expected from Statewide policies and from actions that have already been taken by the City since the baseline inventory. The CAP establishes emissions reduction goals. For community -wide emissions, the reduction goal is 15 percent below the baseline year 2008 by 2020, and 30 percent below the baseline year 2008 by 3-46 75( 40,ND\Fina1ISMND\Fairview Street Bridge Final ISMND.d.C.(05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA 2035. For municipal operations emissions, the reduction goal is 30 percent by 2020 and 40 percent by 2035. The CAP includes measures related to transportation and land use; energy; and solid waste, water, and wastewater to work toward the reduction goals. Many of the measures included in the CAP were established for new development projects and municipal operations and would not be applicable to the proposed Project, as the proposed Project is a roadway improvement project. CAP measures that are applicable to the proposed Project relate to implementing a Safe Routes to School program, improving bike/pedestrian/transit connectivity, and converting street lights to light -emitting diode (LED). The proposed Project would be consistent with these measures, as the purpose of the proposed Project is to improve pedestrian/bicyclist safety and traffic flow on and in the vicinity of the Fairview Street bridge. These fixtures would be similar in type to other street lights throughout the City, and would be typical of pole -mounted street lights used for bridges in the City, with lighting directed onto the roadway. With implementation of Mitigation Measure AES-1, the proposed Project would include low -light level, energy -efficient lighting, consistent with the CAP measure. As discussed above, because the Project would add lane capacity to the Fairview Street bridge, some traffic currently using other routes would use the widened Fairview Street bridge, which would increase VMT in the area. On the other hand, the improved bridge may attract additional pedestrians and bicyclists due to added sidewalks and bikeways, which would allow for increased use of alternate means of transportation. Therefore, the proposed Project would be consistent with the CAP and would not conflict with plans, policies, or regulations adopted for the purpose of reducing GHG emissions. This impact would be less than significant, and no mitigation is required. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7c65rBBD,8 1 3-47 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TN STREET TO 16TH STREET( PROJECT SANTA ANAL CALIFORNIA 3.9 HAZARDS AND HAZARDOUS MATERIALS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 Less Than Potentially Significant Impact Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous ❑ ® ❑ ❑ materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident El El ® El involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- ❑ ® ❑ ❑ quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code El El ElSection 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result ❑ ❑ ❑ in a safety hazard or excessive noise for people residing or working in the project area? f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation ❑ ® ❑ ❑ plan? g. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland ❑ ❑ ® ❑ fires? 3.9.1 Existing Conditions An Initial Site Assessment (ISA)20 was prepared for the proposed Project that reviews, evaluates, and documents present and past land uses and practices, and visually examines site conditions to identify Recognized Environmental Conditions (RECs). An REC is defined as the presence or likely presence of any hazardous substances or petroleum hydrocarbons on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum hydrocarbons into structures or into the ground, groundwater, or surface water of the subject property. Several of the following responses are based on the results of the ISA. 20 Group Delta. 2019. Initial Site Assessment Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project. May 30. 3_48 7 5842ND\Final ISMND\Fairview Street Bridge Final ISMND.doC. (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA The Project area conditions listed below are not considered RECs in the ISA but may require special handling: • Historic use of the Project site includes agriculture, which is often associated with impacts from pesticide use. However, based on redevelopment of the Project area, former use of the site as agricultural land is not considered an REC. • Utility poles exist along the Project alignment. The poles consist of creosote -treated wood, which consists of preserving chemicals that protect wood from insect predation and fungal decay during use. • Several pole -mounted transformers were observed along Fairview Street. Historically, pole -mounted transformers have contained polychlorinated biphenyls (PCBs). • Yellow striping exists along portions of Fairview Street. It is assumed that the striping contains lead and chromium. • Materials associated with buildings and structures commonly contain hazardous materials. 3.9.2 Impact Analysis a. Would the project create a significant hazard to the public or the environment through the routine transport use, or disposal of hazardous materials? Less Than Significant with Mitigation Incorporated. A significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials during the construction of the proposed Project could result from the improper handling or use of hazardous substances or an inadvertent release resulting from an unforeseen event (e.g., fire, flood, or earthquake). The severity of any such exposure is dependent upon the type, amount, and characteristic of the hazardous material involved; the timing, location, and nature of the event; and the sensitivity of the individual or environment affected. Construction of the proposed Project will require the use of limited quantities of hazardous materials, such as fuels, oils, lubricants, and solvents. The small quantities of hazardous materials that would be transported, used, or disposed of would be well below reportable quantities. The improper use, storage handling, transport, or disposal of hazardous materials during construction could result in accidental release exposing construction workers, the public, and the environment, including soil and/or ground or surface water, to adverse effects. Construction activities would follow standard construction practices and applicable California Division of Occupational Safety and Health Administration, California Health and Safety Code, and other safety regulations to minimize the risk to the public. Compliance with federal, State, and local hazardous -materials laws and regulations would minimize the risk to the public and environment presented by these materials during construction of the proposed Project, such that no significant impacts would occur. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN07,0582!0 3 3-49 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 In addition, the removal of existing fill soil, utility poles and pole -mounted transformers, yellow traffic striping, wood waste, and hazardous building materials (e.g. asbestos and lead -based paint) would have the potential to create a significant hazard to the public or the environment. However, there are specific procedures for handling and disposing of these materials during demolition and renovation activities in the CCR and SCAQMD Rules and Regulations such that these materials do not adversely impact people or the environment. Mitigation Measure HAZ-1 cites compliance with these regulations as well as specific procedures to manage anticipated and unknown hazardous materials. Therefore, with implementation of Mitigation Measure HAZ-1, impacts associated with the transport or disposal of existing known or unknown hazardous materials in the Project area would be less than significant. Once operational, the proposed Project would not routinely generate, use, or dispose of hazardous materials. Impacts would be less than significant with mitigation incorporated. b. Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact. The potential for releasing hazardous materials into the environment would primarily involve vehicles on the roadway, but could involve future subsurface contamination from nearby locations and off -site contaminated groundwater. This potential exists today and would not be substantially greater with roadway widening and bridge replacement. Vehicles and trucks may transport hazardous substances that could spill and impact the roadway, adjacent properties, or resources. However, transport of hazardous materials is subject to strict regulations established by local police and fire departments trained in emergency response procedures for safely responding to accidental spills of hazardous substances on public roads, which further reduces impacts. Therefore, Project impacts associated with hazards from reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment would be similar to existing conditions and are considered less than significant, and no mitigation is required. c. Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? Less Than Significant with Mitigation Incorporated. The REACH Academy Community Day Intermediate and High School is located adjacent to the southern border of the Project site. As discussed in Section 3.3, Air Quality, the Project would not substantially increase the concentrations of hazardous materials in the area. As discussed in Response 3.9.2(a), above, construction of the proposed Project will require the use of limited quantities of fuels, oils, lubricants, and solvents. In addition, the removal of utility poles and pole -mounted transformers, yellow striping, wood waste, and building materials would have the potential to generate hazardous emissions. The Project would comply with local, State, and federal regulations with respect to the transport, use, and disposal of hazardous waste during construction activities and will comply with specific hazardous -materials procedures specified in Mitigation Measure HAZ-1. Once operational, the proposed Project would not generate hazardous emissions. Impacts would be less than significant with mitigation incorporated. 3-50 7 5844ND\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/20) NT MENTS INITIAL STUDYiMITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA d. Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result would it create a significant hazard to the public or the environment? No Impact. According to the Department of Toxic Substances Control EnviroStor database,21 the Project site is not located on a federal Superfund site, State response site, voluntary -cleanup site, school cleanup site, evaluation site, school investigation site, military evaluation site, tiered permit site, or corrective -action site. In addition, the Project site is not included on the list of hazardous - materials sites compiled pursuant to Government Code Section 65962.5.22 As a result, no impacts related to hazardous -materials sites would occur. No mitigation is required. e. For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact. The closest airport to the Project site is the John Wayne Airport, which is located approximately 6.6 mi southeast of the Project site; however, the Project site is not located within the Airport Land Use Plan. The proposed Project's operation would be similar to the existing conditions. Because the Project area is not located within an Airport Land Use Plan, the proposed Project would not involve the introduction of residential or employment uses in the Project area, the proposed Project would not significantly change the roadway from existing conditions, and the proposed Project would result in no impacts related to aviation -related safety hazards or excessive noise for construction workers or travelers using the bridge or SART. No mitigation is required. f. Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant with Mitigation Incorporated. Fairview Street would remain open during the construction period (at least one lane with a pedestrian/bicyclist area); northbound and southbound traffic would be shifted to one side of the bridge while the other side is replaced. Access to properties would be maintained. However, construction activities may temporarily restrict local vehicular traffic, which could affect emergency response or evacuation. There are no local adopted emergency responses or emergency evaluation plans applicable to the Project area. A Traffic Management Plan (TMP) is needed to ensure that adequate emergency response and evacuation will be maintained. Mitigation Measure TR-1, provided later in Section 3.17, Transportation, requires that a TMP be developed during final design to address impacts to local circulation during construction, including emergency access. The TMP would require that emergency service providers be notified prior to Project construction regarding any temporary limitations to emergency access. Therefore, with implementation of Mitigation Measure TR-1, potential impacts to emergency response and evacuation plans during construction would be reduced to less than significant. 21 California Department of Toxic Substances Control. 2019. EnviroStor. Website: www.envirostor.dtsc.ca.gov/ public (accessed August 2019). 22 California Environmental Protection Agency. 2019. Government Code Section 65962.5(a). Website: https:Hcalepa.ca.gov/sitecleanup/corteselist/section-65962-5a/ (accessed August 2019). R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street BrldgP Final ISMND7,0582!0 5 3-51 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT SANTA ANAL CALIFORNIA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 g. Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Less Than Significant Impact. According to the California Department of Forestry and Fire Protection, the Project site is within a designated Non Very High Fire Hazard Severity Zone (Non- VHFHSZ).23 Construction of the proposed Project would be required to adhere to construction provisions in the Citys Municipal Code. With adherence to development standards in the City's Municipal Code, there would be no impact associated with wildland fires, and no mitigation is required. 3.9.3 Mitigation Measures Mitigation Measure HAZ-1 Hazardous Materials Testing and Removal. During Project design and construction, the Design Engineer and the Construction Contractor shall adhere to the requirements listed below. Documentation of compliance with these requirements shall be provided to the City of Santa Ana (City) Public Works Director or designee. • Treated wood waste will either be disposed of as a hazardous waste or tested and handled in accordance with California Code of Regulations (CCR), Title 22, Division 4.5, Chapter 34. • If not tested for lead and chromium prior to removal, yellow traffic striping shall be managed consistent with California Department of Transportation (Caltrans) Standard Special Provision 14.11.12, Remove yellow Traffic Stripe and Pavement Marking with Hazardous Waste Residue, or the equivalent. • Affected pole -mounted transformers will be removed by Southern California Edison personnel or qualified contractors. • A hazardous building materials survey, including asbestos -containing materials and lead -based paint, will be conducted on the Fairview Street bridge, as well as any additional structures to be disturbed. Hazardous building materials will be removed and disposed of consistent with the South Coast Air Quality Management District (SCAQMD) Rules and Regulations and the California Health and Safety Code. • Any suspect hazardous waste found during construction activities will be handled, treated, or disposed of consistent with local, State, and federal laws. 23 California Department of Forestry and Fire Protection. 2011. Wildland Hazard and Building Codes. November. Website: https://osfm.fire.ca.gov/divisions/wildfire-prevention-planning-engineering/ wild land -hazards -building -codes/ (accessed August 2019). 3-52 75 6*ND\FinalISMND\Fairview Street Bridge Final ISMND.doC.(05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA L, OREGT SANTA ANAL CALIFOPHIA 3.10 HYDROLOGY AND WATER QUALITY Less Than Potentially Significant with Less Than Significant Mitigation Significant No Would the project: a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ❑ ® ❑ ❑ groundwater quality? b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the El El ® El may impede sustainable groundwater management of the basin? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a El® El El or river or through the addition of impervious surfaces, in a manner which would: i. Result in substantial erosion or siltation on- or off -site; ❑ ® ❑ ❑ ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or ❑ ® ❑ ❑ offsite; iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage El® El El or provide substantial additional sources of polluted runoff; or iv. Impede or redirect flood flows? ❑ ❑ ® ❑ d. In flood hazard, tsunami, or seiche zones, risk release of El® El El due to project inundation? e. Conflict with or obstruct implementation of a water quality El® El El plan or sustainable groundwater management plan? 3.10.1 Existing Setting This section is based on the Water Quality Memorandum24 (Appendix A), Location Hydraulic Study" (Appendix A), and River Hydraulics Analysis26 (Appendix A) for the proposed Project. 3.10.1.1 Surface Waters The Project area is within the Santa Ana River Watershed, which is within the jurisdiction of the Santa Ana RWQCB. The Santa Ana RWQCB jurisdiction is approximately 2,800 sq mi in portions of Orange, Riverside, and San Bernardino counties and mostly consists of the 2,650 sq mi Santa Ana River Watershed. Specifically, the Project area is within the Lower Santa Ana River Watershed, which extends from Prado Dam to the Pacific Ocean. 24 LSA Associates, Inc. 2019e. Water Quality Memorandum: Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project BRLS 5063(184). September 16. 21 Civil Works Engineers. 2019a. Location Hydraulic Study. Santa Ana River Bridge at North Fairview Street. State Bridge No. 5063 (184). October. zs Civil Works Engineers. 2019b. River Hydraulics Analysis. Fairview Avenue Widening & Bridge Replacement Santa Ana, CA 91303. October. R:\WKE1702\ISMND\Final ISMND\Fairview Street Bridge Final ISMND7,658,,8 7 3-53 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 For regulatory purposes, the Santa Ana RWQCB designates watershed areas in Hydrologic Units (HUs), which are further divided into Hydrologic Areas (HAs) and Hydrologic Subareas (HSAs). As designated by the Santa Ana RWQCB, the Project area is located within the Santa Ana River HU, the Lower Santa Ana River HA, and East Coast Plain HSA.21 The Santa Ana River extends approximately 96 mi from its headwaters to where it drains into the Pacific Ocean. The headwaters for the Santa Ana River and its tributaries originate in the San Gabriel, San Bernardino, and Santa Ana Mountains. From the San Bernardino and San Gabriel Mountains, the Santa Ana River flows through San Bernardino and Riverside Counties, then through the Prado Basin and a narrow pass in the Santa Ana Mountains. From the Santa Ana Mountains, the Santa Ana River flows southwesterly through Orange County to the Pacific Ocean. The Santa Ana River is divided into six reaches. The Fairview Street bridge crosses Reach 1 of the Santa Ana River, which is defined as the portion of the river between the tidal prism and 17th Street in Santa Ana. The Santa Ana River within the Project area is a concrete -lined, trapezoidal channel and is devoid of vegetation. Intermittent flows within the Santa Ana River can be attributed to storm water runoff, urban runoff, and treated wastewater. 3.10.1.2 Floodplains According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) No. 0659C0144j,28 the Santa Ana River within the Project area is designated Special Flood Hazard Area Zone A; such areas are subject to inundation by the 1 percent annual chance flood (100-year flood) with no base flood elevations determined. The remainder of the Project area (outside of the Santa Ana River) is designated as Other Areas of Flood Hazard Zone X; such areas have a reduced flood risk due to levee. 3.10.1.3 Groundwater Hydrology The Project area is above the Coastal Plain of Orange County Groundwater Basin, which underlies the Lower Santa Ana River Watershed. The basin is bounded on the north by the Puente and Chino Hills, on the east by the Santa Ana Mountains, on the south by the San Joaquin Hills, on the southwest by the Pacific Ocean, and on the northwest by low topographic divide at approximately the Orange County —Los Angeles County line.29 For regulatory purposes, the Santa Ana RWQCB divides the Coastal Plain of Orange County Groundwater Basin into three Groundwater Management Zones. The Project area is within the Orange County Groundwater Management Zone.30 The Orange County Groundwater Management Zone is bounded to the north by the Chino Hills, to the east by the Santa Ana Mountains, to the 27 Santa Ana Regional Water Quality Control Board. 1995. Water Quality Control Plan, Santa Ana River Basin Updated 2008 and 2011. 28 United States Federal Emergency Management Agency. 2009. Flood Insurance Rate Map (FIRM) No. 0659C0144J. December 3. 29 California Department of Water Resources. 2004. California's Groundwater, Bulletin 118—South Coast Hydrologic Region, Coastal Plain of Orange County Groundwater Basin. February. 30 Santa Ana Regional Water Quality Control Board. 1995. op. cit. 3-54 7 5848ND\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/20) NT TS INITIAL STNDV/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET STREET) L S A MAY 2020 (9Tx STREET To ANTx STREET) L, PROJECT SANTA ANAL CALIFOPHIA southeast by SR-55, to the south by the Pacific Ocean, and to the northwest by the Orange County — Los Angeles County line. Recharge to the Coastal Plain or to the Orange County Groundwater Basin occurs from percolation of Santa Ana River flow, infiltration of precipitation, and injection into wells.31 A portion of the flow from the Santa Ana River directly below the Prado Dam is diverted to recharge groundwater.32 Based on exploratory boreholes drilled in 2003 and 2004, groundwater levels are 25 to 30 ft below ground surface.33 3.10.2 Impact Analysis a. Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? Less Than Significant with Mitigation Incorporated. Pollutants of concern during construction include sediments, trash, petroleum products, concrete waste (dry and wet), sanitary waste, and chemicals. Each of these pollutants on its own or in combination with other pollutants can have a detrimental effect on water quality. During construction activities, excavated soil would be exposed, and there would be an increased potential for soil erosion and sedimentation compared to existing conditions. According to the Draft Water Quality Management Plan (WQMP)34 prepared for the proposed Project, the disturbed soil area during construction would be 1.15 ac. However, Project construction may disturb additional area depending on any sound barriers incorporated into the proposed Project. In addition, there is a potential for chemicals, liquid products, petroleum products (such as paints, solvents, and fuels), and concrete -related waste to be spilled or leaked and transported via storm runoff into receiving waters. Construction activities within the Santa Ana River during bridge replacement have the greatest potential to impact water quality. However, construction within the river would not occur during the rainy season. Activities above and within the river are anticipated to include demolition of the existing concrete bridge; saw cutting and removal of the concrete invert (i.e., the channel lining below the bridge); excavation (3 ft deep at the channel bottom and 6 ft deep at the abutments); pile driving; and installation of concrete for the pile caps, columns, and reconstructed invert. A potential temporary bicycle detour route may be constructed within the Santa Ana River channel. This potential detour route would be constructed and deconstructed during dry -season work within the channel. The detour route would have a dirt base with an asphalt surface and would be entirely removed prior to completion of construction. Diversion of flows within the Santa Ana River is not anticipated to be required because construction activities would not take place within the low -flow portion of the channel. However, sandbags or concrete K-rails with plastic sheets may be required upstream of the work area to ensure that any 31 California Department of Water Resources. 2004. op. cit. 32 Santa Ana Regional Water Quality Control Board. 2004. Watershed Management Initiative. November. 33 Earth Mechanics, Inc. 2018. op. cit. 34 Civil Works Engineers. 2019b. op. cit. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Britlge Final ISMND7c 'MO9 3-55 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 water that escapes the low -flow channel is diverted back to the low -flow channel before reaching the construction area. A staging area would be located along the riverbank. No materials or equipment would be stored within the river channel. Projects that disturb more than 1 ac of soil are subject to the requirements of the CGP. However, projects that disturb between 1 and 5 ac are potentially eligible for a Small Construction Rainfall Erosivity Waiver, which would exempt the project from coverage under the CGP. To obtain a waiver, a project would need to demonstrate that there would be no adverse water quality impacts, because construction activities would only take place when there is a low erosivity potential (i.e., the rainfall erosivity value in the Revised Universal Soil Loss Equation [R factor] for a project is less than 5). Based on a 2-year construction schedule, the R factor for the proposed Project would be approximately 38. Because of the two-year construction schedule, the R factor is well above 5, and the proposed Project would not qualify for a CGP erosivity waiver. Therefore, the proposed Project would be required to obtain coverage under and comply with the requirements of the CGP. Based on the Risk Determination methodology outlined in the CGP, the Project has a low Sediment Risk (the relative amount of sediment that can be discharged, given the Project location and construction schedule—i.e., no work in the river during the wet season) and a low Receiving Water Risk (the risk sediment discharges pose to the receiving waters), which results in a combined Risk Level of 1 (low risk to water quality). Risk Level 1 projects are subject to the BMPs and visual inspection requirements of the CGP. To prevent significant water quality impacts during ground -disturbance activities, the Project would need to prepare and implement a SWPPP that includes construction BMPs that comply with the requirements of the CGP. These requirements are included in Mitigation Measure HYDRO-1. Construction BMPs would include, but not be limited to, Erosion Control and Sediment Control BMPs designed to minimize erosion and retain sediment on site, Good Housekeeping BMPs to prevent spills, leaks, and discharge of construction debris and waste into receiving waters, and Entrance Control BMPs to mitigate any tracking from the Project. Construction BMPs around the work area within the Santa Ana River are anticipated to include a gravel bag or fiber roll perimeter barrier to contain spills and potential runoff, to be installed and maintained year-round. Additional Construction BMPs would be determined during preparation of the SWPPP. When Construction BMPs are properly designed, implemented, and maintained to address pollutants of concern, as required in Mitigation Measure HYDRO-1, pollutants of concern would be retained on site so that they would not reach receiving waters; therefore, the project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Impacts would be less than significant with mitigation incorporated. Groundwater dewatering may be required during construction of the bridge piles to ensure that groundwater levels are below the pile cap elevation.35 Release of dewatered groundwater to surface waters can introduce total dissolved solids and other constituents to surface waters. To prevent significant impacts to water quality associated with dewatering during construction, the Project would need to comply with the requirements of the De Minimus Permit. Mitigation Measure HYDRO-2 specifies compliance with this permit for groundwater dewatering. In compliance with this " Earth Mechanics, Inc. 2018. op. cit. 3-56 7611V"0,ND\FiD.1ISMND\FairviewSt,EFtBridgPROMISMND.doC.(05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA permit, groundwater would be tested and treated (as necessary) prior to release to surface waters to ensure that discharges do not exceed water quality limits specified in the permit. Therefore, with implementation of Mitigation Measures HYDRO-1 and HYDRO-2, the proposed Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Therefore, impacts would be less than significant with mitigation incorporated Expected pollutants of concern during operation of the proposed Project include suspended solids/sediment, nutrients, heavy metals, pathogens (bacteria/viruses), pesticides, oil and grease, toxic organic compounds, and trash and debris. The pollutants of concern for the Project are metals and oil and grease. The proposed Project would increase impervious surface area by approximately 8,500 sf (approximately 0.2 ac), which would increase the volume of runoff during a storm and more effectively transport pollutants to receiving waters. In addition, an increase in impervious surface area would increase the total amount of pollutants in the storm water runoff, which would increase the amount of pollutants discharged to downstream receiving waters. In order to avoid impacts to water quality during Project operation, the proposed Project would need to prepare and implement a Final (design -level) WQMP that specifies the Low Impact Development (LID) BMPs, Source Control BMPs, Site Design BMPs, and/or Treatment Control BMPs to be incorporated into Project design to reduce the discharge of pollutants of concern to the maximum extent practicable. LID BMPs mimic a project site's existing hydrology by using design measures that capture, filter, store, evaporate, detain, and infiltrate runoff, rather than allowing runoff to flow directly to piped or impervious storm drains. Source Control BMPs are preventative measures that are implemented to prevent the introduction of pollutants into storm water. Site Design BMPs are storm water management strategies that emphasize conservation and use of existing site features to reduce the amount of runoff and pollutant loading generated from a project site. Treatment Control BMPs are structural BMPs designed to treat and reduce pollutants in storm water runoff prior to release to receiving waters. Currently, proposed BMPs include a vegetated swale adjacent to Fairview Street in the Fairview Triangle rest area. Additional treatment BMPs to treat runoff from the bridge deck may be incorporated into the bridge design at a later date during final design and will need to be sized to treat runoff from new impervious surface. According to the Draft WQMP prepared for the proposed Project, proposed nonstructural Source Control BMPs include right-of-way landscape management, right-of-way litter control, right -of way catch basin inspection, and street sweeping. Structural source control BMPs include use of efficient irrigation systems and landscape design, water conservation, smart controllers, and source control. Mitigation Measure HYDRO-3 requires preparation of a Final WQMP that refines the BMPs during final design, consistent with the requirements above. The BMPs would target and reduce constituents of concern from transportation facilities in compliance with the North Orange County MS4 Permit requirements. In addition, infiltration of storm water could have the potential to affect groundwater quality in areas of shallow groundwater. Pollutants in storm water are generally removed by soil through absorption as water infiltrates. Therefore, in areas of deep groundwater, there is more absorption R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7,05S SS 1 3-57 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 potential and, as a result, less potential for pollutants to reach groundwater. Based on exploratory boreholes, groundwater levels are 25 to 30 ft below ground surface.36 It is not expected that any storm water that may infiltrate during construction or operation would affect groundwater quality because there is not a direct path for pollutants to reach groundwater. Therefore, Project construction and operation would not violate any water quality standards or waste discharge requirements or substantially degrade groundwater quality. In addition, implementation of the proposed treatment BMPs would avoid any potential impacts to water quality before storm water would percolate into the groundwater basin. As such, when operational BMPs are implemented in accordance with NPDES Permit requirements as required by Mitigation Measure HYDRO-3, the Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Impacts would be less than significant with mitigation incorporated. b. Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less Than Significant Impact. The Project site is located within the Orange County Groundwater Basin, which is managed by the Orange County Water District. The Orange County Water District works to manage and protect groundwater in three main ways: recharge, monitor, and purify.31 According to the Orange County Water District, the Orange County Groundwater Basin has a capacity of 500,000 acre-feet (af) and currently has 243,769 of remaining in storage." Groundwater dewatering during construction of the proposed Project may be required during construction of the bridge piles to ensure that groundwater levels are below the pile cap.39 However, groundwater dewatering would be temporary, and the volume of groundwater removed would be minimal compared to the size of the groundwater basin. Therefore, Project construction would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the basin, and impacts would be less than significant. The Project would increase impervious surface areas on site, which can decrease infiltration. However, due to the large amount of impervious surface area in the vicinity of the Project area and within the Santa Ana River channel, minimal infiltration would be expected to occur in the existing conditions. Additionally, the increase in impervious surface area of 8,500 sf (approximately 0.2 ac) is minimal compared to the size of the watershed and the amount of existing impervious surface area in the vicinity of the Project area. Therefore, the increase in impervious area would substantially interfere with groundwater recharge. In addition, operation of the proposed Project would not require groundwater extraction. Therefore, the proposed Project would not substantially decrease 36 Earth Mechanics, Inc. 2018. op. cit. 37 Orange County Water District. 2019a. Groundwater Management. Website: https://www.ocwd.com/ what-we-do/groundwater-management/ (accessed October 2019). 31 Orange County Water District. 2019b. Groundwater Storage Level August 2019. Website: https://www ocwd.com/media/8151/groundwater-storage-august-2019.pdf (accessed October 2019). 39 Earth Mechanics, Inc. 2018. op. cit. 3-58 76"2ND\Fina1ISMND\Fairview Street Bridge Final ISMND.d.C.(05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the basin, and impacts would be less than significant. c. Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i. Result in substantial erosion or siltation on- or off -site Less Than Significant with Mitigation Incorporated. During construction activities, soil would be exposed and disturbed, drainage patterns would be temporarily altered during grading and other construction activities, and there would be an increased potential for soil erosion and siltation compared to existing conditions. Additionally, during a storm event, soil erosion and siltation could occur at an accelerated rate; however, no construction would occur in the river during storm events. As discussed above in Response 3.10.2(a), Mitigation Measure HYDRO-1 requires compliance with the CGP and preparation of a SWPPP to identify construction BMPs to be implemented as part of the proposed Project to reduce impacts to water quality during construction, including those impacts associated with soil erosion and siltation. Compliance with the CGP and implementation of the construction BMPs would ensure that construction impacts related to on- or off -site erosion or siltation would be reduced to less than significant with mitigation incorporated. The proposed Project would increase impervious surface area on the Project site by approximately 0.2 ac compared to existing conditions, and could potentially increase on -site storm water runoff during a storm event. In the proposed condition, the impervious surface areas would not be prone to erosion or siltation. Erosion and siltation would be minimized in the landscaped areas, where soil would be stabilized by vegetation. Therefore, the proposed Project would not increase on -site erosion or siltation. An increase in impervious surface area can potentially increase storm water runoff generated from a project and increase erosion and sedimentation in receiving waters. However, as discussed previously, the proposed Project would slightly increase the impervious surface area on the Project site compared to existing conditions (an increase of 0.2 ac), which would slightly increase the volume of storm water runoff generated from the Project site. However, post - construction BMPs would be implemented to treat new impervious surface runoff. In addition, the Project includes BMPs that would reduce on -site erosion during storm events. Downstream erosion would not occur, as all pervious areas would be stabilized with landscaping and BMPs and the downstream conveyance channels that receive runoff from the Project area are engineered and hardened and not subject to erosion, siltation, or hydromodification (i.e., channel modification or channelization from alteration of flow). The increase in impervious area would increase the volume of storm water runoff from the Project area into the Santa Ana River. However, the Santa Ana River is a stabilized concrete R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7c0582S% 3 3-59 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 channel and is not susceptible to hydro mod ification.40 Therefore, increasing flow to this channel would not change sediment transport or increase downstream erosion and accretion. In addition, the proposed Project would not alter the course of a stream or river. As such, operational impacts related to on -site or off -site erosion or siltation would be less than significant. ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or ofilsite Less Than Significant with Mitigation Incorporated. During construction activities, soil would be exposed and disturbed, drainage patterns would be temporarily altered during grading and other construction activities, and there would be an increased potential for soil erosion and siltation compared to existing conditions. Additionally, during a storm event, soil erosion and siltation could occur at an accelerated rate. As discussed above in Response 3.10.2(a), Mitigation Measure HYDRO-1 requires compliance with the CGP and preparation of a SWPPP to identify construction BMPs to be implemented as part of the proposed Project to manage and convey storm water during construction. Proper management of storm water during construction would reduce impacts associated with flooding. Therefore, impacts related to on- or off -site flooding would be less than significant with mitigation incorporated. Once operational, the proposed Project would improve the hydraulics of the Santa Ana River. As part of the bridge replacement, the proposed Project would replace eight existing pier walls within the Santa Ana River (totaling an area of 0.09 ac) with four new pier walls (totaling an area of 0.05 ac). In the existing condition, a hydraulic jump occurs upstream of the bridge (i.e., flows transition from supercritical to subcritical, which represents a high energy loss with erosive potential). The proposed Project would improve the river hydraulics upstream of the bridge by lowering the water surface elevation and reducing the length of the subcritical flows by approximately 300 ft. Therefore, implementation of the proposed Project would have a beneficial effect on the river hydraulics upstream of the Project area. Additionally, the proposed Project would maintain the overall drainage patterns in the Project area. Therefore, implementation of the proposed Project would have a beneficial effect on the flood control functions of the surface waters upstream of the Project area. Additionally, the proposed Project would maintain the overall drainage patterns in the Project area. Therefore, the proposed Project would not substantially increase the rate or amount of surface runoff in a manner that would result in flooding on or off site. As such, operational impacts related to on - site or off -site flooding would be less than significant. iii. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff Less Than Significant with Mitigation Incorporated. As discussed above in Response 3.10.2(a), there is a potential for chemicals, liquid products, petroleum products (such as paints, solvents, and fuels), and concrete -related waste to be spilled or leaked and transported via storm runoff 40 County of Orange. 2012b. op. cit. 3-60 75 4ND\FinalISMND\Fairview Street Bridge Final ISMND.docx(OS/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA into receiving waters. Each of these pollutants on its own or in combination with other pollutants can have a detrimental effect on water quality. Drainage patterns would be temporarily altered during grading and other construction activities, and construction -related pollutants could be spilled, leaked, or transported via storm runoff into adjacent drainages and downstream receiving waters. However, as specified in Mitigation Measure HYDRO-1, the proposed Project would be required to comply with the requirements set forth by the CGP and SWPPP, which would specify BMPs to be implemented to control the discharge of pollutants in storm water runoff as a result of construction activities. Therefore, construction of the proposed Project would not create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. Impacts would be less than significant with mitigation incorporated. In addition, as discussed above in Response 3.10.2(a), expected pollutants of concern during operation of the proposed Project include suspended solids/sediment, nutrients, heavy metals, pathogens (bacteria/viruses), pesticides, oil and grease, toxic organic compounds, and trash and debris. The pollutants of concern for the Project are metals and oil and grease. The proposed Project would increase impervious area by approximately 8,500 sf (approximately 0.2 ac), which would increase the volume of runoff during a storm and more effectively transport pollutants to receiving waters. In addition, an increase in impervious surface would increase the total amount of pollutants in the storm water runoff, which would increase the amount of pollutants discharged to downstream receiving waters. As required by Mitigation Measure HYDRO-3, a final WQMP would be prepared for the proposed Project that would require implementation of operational BMPs to reduce pollutants of concern in storm water runoff. With implementation of operational BMPs, no substantial additional sources of polluted runoff would be discharged to the storm drain system. As such, when operational BMPs are implemented in accordance with Mitigation Measure HYDRO-3, operation of the proposed Project would not create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. Impacts would be less than significant with mitigation incorporated. iv. Impede or redirect flood flows? Less Than Significant Impact. As discussed previously, once operational, the proposed Project would improve the hydraulics of the Santa Ana River. As part of the bridge replacement, the proposed Project would replace eight existing pier walls within the Santa Ana River (totaling an area of 0.09 ac) with four new pier walls (totaling an area of 0.05 ac). In the existing condition, a hydraulic jump occurs upstream of the bridge (i.e., flows transition from supercritical to subcritical, which represents a high energy loss with erosive potential). The proposed Project would improve the river hydraulics upstream of the bridge by lowering the water surface elevation and reducing the length of the subcritical flows by approximately 300 ft. Therefore, implementation of the proposed Project would have a beneficial effect on the river hydraulics upstream of the Project area. Additionally, the proposed Project would maintain the overall drainage patterns in the Project area. Therefore, implementation of the proposed Project would R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7c�'2S0 5 3-61 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 not impede or redirect flood flows. This impact would be less than significant. No mitigation is required. d. In flood hazard, tsunami, or seiche zones, would the project risk release of pollutants due to project inundation? Less Than Significant with Mitigation Incorporated. Tsunami. Tsunamis are ocean waves generated by tectonic displacement of the sea floor associated with shallow earthquakes, sea floor landslides, rock falls, and exploding volcanic islands. Tsunamis can have wavelengths of up to 120 mi and travel as fast as 500 miles per hour (mph) across hundreds of miles of deep ocean. Upon reaching shallow coastal waters, the waves can reach up to 50 ft in height, causing great devastation to near -shore structures. The Project site is located approximately 9 mi from the Pacific Ocean shoreline and is not located within a tsunami inundation area. Therefore, the Project site is not subject to inundation from tsunamis, and there is no risk of release of pollutants due to inundation from tsunami. Seiche Zones. Seiching occurs when seismic ground shaking induces standing waves (seiches) inside water retention facilities (e.g., reservoirs and lakes). Such waves can cause retention structures to fail and flood downstream properties. Because there are no large lakes, reservoirs, or other water retention facilities in the vicinity of the Project site, the Project site is not at risk of inundation from seiche. Therefore, the Project site is not subject to inundation from seiche waves, and there is no risk of release of pollutants due to inundation from seiche. Flood Hazard. As identified above, the Santa Ana River within the Project area is designated Special Flood Hazard Area Zone A; such areas are subject to inundation by the 1 percent annual chance flood (100-year flood) with no base flood elevations determined. The remainder of the Project area (outside of the Santa Ana River) is designated as Other Areas of Flood Hazard Zone X; such areas have reduced flood risk due to levees. In the unlikely event of levee failure and flooding during a storm, there would be a risk of inundation and pollutant risk on the Project site. As discussed above in Response 3.10.2(a), during construction, there is a potential for chemicals, liquid products, petroleum products (such as paints, solvents, and fuels), and concrete -related waste to be spilled or leaked and transported via storm runoff into receiving waters. Each of these pollutants on its own or in combination with other pollutants can have a detrimental effect on water quality. However, as specified in Mitigation Measure HYDRO-1, the proposed Project would be required to comply with the requirements set forth by the CGP and SWPPP, which would specify BMPs to be implemented to target and reduce pollutants of concern on the Project site. In addition, as discussed above in Response 3.10.2(a), expected pollutants of concern during operation of the proposed Project include suspended solids/sediment, nutrients, heavy metals, pathogens (bacteria/viruses), pesticides, oil and grease, toxic organic compounds, and trash and debris. The pollutants of concern for the Project are metals and oil and grease. As required by Mitigation Measure HYDRO-3, a final WQMP would be prepared for the proposed Project that would require implementation of operational BMPs to reduce pollutants of concern in storm water runoff. With implementation of operational BMPs, no substantial additional sources of 3-62 7 6"6*ND\Final ISMND\Fairview Street Bridge Final ISMND.doC. (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA polluted runoff would be discharged. Because BMPs would reduce introduction of pollutants, there would be a low potential for pollutants to be released from the Project site in the unlikely event of levee failure and inundation of the Project site. Therefore, with implementation of Mitigation Measures HYDRO-1 and HYDRO-3, the proposed Project would not risk release of pollutants due to Project inundation. This impact would be less than significant with mitigation incorporated. e. Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Less Than Significant Impact with Mitigation Incorporated. The proposed Project is within the jurisdiction of the Santa Ana RWQCB. The Santa Ana RWQCB adopted a Water Quality Control Plan (i.e., Basin Plan) that designates beneficial uses for all surface and groundwater within its jurisdiction and establishes the water quality objectives and standards necessary to protect those beneficial uses. As summarized below, the Project would comply with the applicable NPDES permits and would implement construction and operational BMPs to reduce pollutants of concern in storm water runoff. As discussed in Response 3.10.2(a), during construction activities, excavated soil would be exposed, and there would be an increased potential for soil erosion and sedimentation compared to existing conditions. In addition, chemicals, liquid products, petroleum products (e.g., paints, solvents, and fuels), and concrete -related waste may be spilled or leaked and have the potential to be transported via storm water runoff into receiving waters. As specified in Mitigation Measure HYDRO-1, the proposed Project would be required to comply with the requirements set forth by the CGP, which require preparation of a SWPPP and implementation of construction BMPs to control storm water runoff and discharge of pollutants. As discussed in Response 3.10.2(a), expected pollutants of concern during operation of the proposed Project include suspended solids/sediment, nutrients, heavy metals, pathogens (bacteria/viruses), pesticides, oil and grease, toxic organic compounds, and trash and debris. The pollutants of concern for the Project are metals and oil and grease. As required by Mitigation Measure HYDRO-3, a final WQMP would be prepared for the Project in compliance with the North Orange County MS4 Permit. The Final WQMP will detail the Site Design/LID, Source Control, and/or Treatment Control BMPs that would be implemented to treat storm water runoff and reduce impacts to water quality during operation. The proposed BMPs would capture and treat storm water runoff and reduce pollutants of concern in storm water runoff. The proposed Project would comply with the applicable NPDES permit, which requires preparation of a SWPPP, preparation of a Final WQMP, and implementation of construction and operational BMPs to reduce pollutants of concern in storm water runoff. As such, the Project would not result in water quality impacts that would conflict with the Basin Plan. Impacts related to conflict with a water quality control plan would be less than significant, and no mitigation is required. The Sustainable Groundwater Management Act (SGMA) was enacted in September 2014. SIGMA requires governments and water agencies of high- and medium -priority basins to halt overdraft of groundwater basins. SIGMA requires the formation of local Groundwater Sustainability Agencies R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN07,058"9 7 3-63 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 (GSAs), which are required to adopt Groundwater Sustainability Plans to manage the sustainability of the groundwater basins. SIGMA provides authority for agencies to develop and implement groundwater sustainability plans (GSPs) or alternative plans that demonstrate the basin is being managed sustainably. The Project site is located within the Coastal Plain of Orange County Groundwater Basin (Basin 8-1), which underlies the Lower Santa Ana River Watershed. For regulatory purposes, the Santa Ana RWQCB divides the Coastal Plain of Orange County Groundwater Basin into three Groundwater Management Zones. The Project area is within the Orange County Groundwater Management Zone. On January 1, 2017, the Orange County Water District, City of La Habra, and Irvine Ranch Water District submitted the Basin 8-1 Alternative to the California Department of Water Resources. The Basin 8-1 Alternative presents an analysis of basin conditions that demonstrates that Basin 8-1 has operated within its sustainable yield over a period of at least 10 years. In addition, the Basin 8-1 Alternative establishes objectives and criteria for management that would be addressed in a GSP and is designed to be "functionally equivalent" to a GSP. As shown in the Basin 8-1 Alternative, Basin 8-1 has been operated within its sustainable yield for more than 10 years without experiencing significant and unreasonable lowering of groundwater levels, reduction in storage, water quality degradation, seawater intrusion, inelastic land subsidence, or depletions of interconnected surface water that have significant and unreasonable adverse impacts on beneficial uses of the surface water.41 As discussed in Response 3.10.2(a), with implementation of Mitigation Measures HYDRO-1 through HYDRO-3, the proposed Project would comply with the Construction General Permit and Municipal NPDES Permit and implement construction and operational BMPs to reduce impacts to water quality. The proposed Project's adherence to the regulatory standards and implementation of BMPs would ensure that potential construction and operational impacts related to the degradation of water quality would be less than significant. Therefore, the proposed Project would not conflict with or obstruct implementation of a water quality control plan with implementation of Mitigation Measures HYDRO-1 through HYDRO-3. The proposed Project would not substantially deplete groundwater supplies or interfere with groundwater recharge; therefore, it would not obstruct or conflict with a sustainable groundwater management plan, and no mitigation is required. 3.10.3 Mitigation Measures Mitigation Measure HYDRO-1 Construction General Permit. Prior to commencement of construction activities, the City of Santa Ana (City) Public Works Director or designee shall obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit) NPDES No. CAS000002, Order No. 2009-0009-DWQ, as amended by Order No. 2010-0014-DWQ and Order No. 2012-0006-DWQ, or any other 41 Orange County Water District, City of La Habra, and Irvine Ranch Water District. 2017. Basin 8-1 Alternative. January 1. Website: https://www.ocwd.com/media/4918/basin-8-1-alternative-final-report- 1.pdf (accessed November 2019). 3-64 76"&ND\FinalISMND\Fairview Street Bridge Final ISMND.docx(OS/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OREGT SANTA ANAL CALIFOPHIA subsequent permit. This shall include submission of Permit Registration Documents (PRDs), including permit application fees, a Notice of Intent (NOI), and other compliance -related documents required by the permit, to the State Water Resources Control Board via the Storm Water Multiple Application and Report Tracking System (SMARTS). Construction activities shall not commence until a Waste Discharge Identification Number (WDID) is obtained for the Project from SMARTS. Project construction shall comply with all applicable requirements specified in the Construction General Permit, including, but not limited to, preparation of a Storm Water Pollution Prevention Plan (SWPPP) and implementation of construction site best management practices (BMPs) to address all construction -related activities, equipment, and materials that have the potential to impact water quality for the appropriate risk level identified for the Project. The SWPPP shall identify the sources of pollutants that may affect the quality of storm water and shall include BMPs, such as Sediment Control, Erosion Control, and Good Housekeeping BMPs, to control the pollutants in storm water runoff. Construction Site BMPs shall also confirm to the requirements specified in the latest edition of the Orange County Stormwater Program Construction Runoff Guidance Manual for Contractors, Project Owners, and Developers to control and minimize the impacts of construction and construction -related activities, materials, and pollutants on the watershed. Upon completion of construction activities and stabilization of the site, a Notice of Termination (NOT) shall be submitted via SMARTS. Mitigation Measure HYDRO-2 Groundwater Dewatering Permit. If groundwater dewatering is required during construction, the City Public Works Director or designee shall ensure that the Construction Contractor obtains coverage under the General Waste Discharge Requirements for Discharges to Surface Waters that Pose an Insignificant (De Minimus) Threat to Water Quality (Order No. R8-2009-0003, NPDES No. CAG998001), or any subsequent permit. This shall include submission of a Notice of Intent (NOI) for coverage under the permit to the Santa Ana Regional Water Quality Control Board (RWQCB) at least 45 days prior to the start of dewatering. Groundwater dewatering activities shall comply with all applicable provisions in the permit, including water sampling, analysis, treatment (if required), and reporting of dewatering-related discharges. Upon completion of groundwater dewatering activities, an NOT shall be submitted to the Santa Ana RWQCB. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMND7,058M9% 9 3-65 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 Mitigation Measure HYDRO-3 Water Quality Management Plan. During the final design phase, the City Public Works Director or designee shall insure that a Final Water Quality Management Plan (WQMP) be prepared for the Project in compliance with the Waste Discharge Requirements for the County of Orange, Orange County Flood Control District and the Incorporated Cities of Orange County within the Santa Ana Region Areawide Urban Storm Water Runoff Orange County (North Orange County MS4 Permit or most recently adopted North Orange County MS4 Permit), Order 118-2009-0030, NPDES No. CAS618030 (as amended by Order No. 118-2010-0062). The Final WQMP shall be prepared consistent with the requirements of the Model WQMP and Technical Guidance Document for the Preparation of Conceptual/Preliminary and/or Project WQMPs, or subsequent guidance manuals. The Final WQMP shall specify the BMPs to be incorporated into the Project design to target pollutants of concern in runoff from the Project area. The City Public Works Director or designee shall ensure that the BMPs specified in the Final WQMP are incorporated into the final Project design. 3-66 7 5 BAWD\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/20) FAIRVIEW STRE BRIDGE REPLACEMENTREST TO 16TH SIMPROVEMENTS REET) E DIE'T L S A INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 202D (9TH STREET TO AN TH STREET)OSANTA ANAL CALIFORNIAAIFPNIA 3.11 LAND USE AND PLANNING Less Than Potentially Significant with Less Than Significant Mitigation Significant No Would the project: a. Physically divide an established community? ❑ ❑ ❑ b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the ❑ ❑ ❑ purpose of avoiding or mitigating an environmental effect? 3.11.1 Existing Setting The Project area is within Census Tracts 752.01 and 891.04 in Santa Ana, Orange County. Within the Project limits, Fairview Street is bordered by single-family residences, multi -family residences, and a few commercial properties. 3.11.2 Impact Analysis a. Would the project physically divide an established community? No Impact. The physical division of an established community typically refers to the construction of a feature, such as interstate highway, or the removal of a means of access, such as a local road, that would impair mobility within an existing community or between a community and outlying areas. For example, the construction of an interstate highway through an existing community may constrain travel from one side of the community to another; similarly, such construction may also impair travel to areas outside of the community. Development of the proposed Project would not create a physical barrier to travel within the Project area, as it would replace the existing Fairview Street bridge over the Santa Ana River, widen Fairview Street between 9th Street and 16th Street, and restripe the north and south ends to match the existing condition in Santa Ana. The proposed Project would improve accessibility and safety in the area for drivers, pedestrians, and bicyclists. As such, the proposed Project would not physically divide an established community, and no impacts would occur. No mitigation is required. b. Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. Fairview Street is designated as a six -lane Major Arterial, as shown in the Orange County Master Plan of Arterial Highways and the City's General Plan Circulation Element. Major Arterials are roadways designed to move large volumes of traffic, linking freeways with local streets and providing access between cities and subregions. The proposed improvements would maintain consistency with this six -lane Major Arterial designation in the Orange County Master Plan of Arterial Highways and the City's General Plan Circulation Element. The Circulation Element states that the City supports proactive integration of pedestrian -oriented improvements and amenities within the City's circulation system to improve walkability. The existing R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final I.MN7tlr3,&Il 0 1 3-67 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 Fairview Street includes sidewalks on both sides of the street, with the exception of the segment on the bridge. Fairview Street does not include any bicycle facilities, such as bicycle lanes. The proposed Project would construct a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised median, and lighting to provide safe walkability and bicycle accommodations across the bridge consistent with the goals and policies of the Circulation Element. The Circulation Element also identifies Fairview Street as a planned widening project in Santa Ana. The proposed Project includes replacing the existing four -lane bridge with a new six -lane bridge. Therefore, the proposed Project is consistent with the goals and policies in the Circulation Element and does not conflict with any plans applicable to the Project area and the proposed Project. Therefore, the Project is consistent with any applicable land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect, and no impacts would occur. No mitigation is required. 3-68 7 rj Bm402D\Final ISMND\Fairview Street Bridge Final ISMND.doC. (05/26/20) NT MENTS INITIAL STUDYiMITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA L, OREGT SANTA ANAL CALIFOPHIA 3.12 MINERAL RESOURCES Less Than Potentially Significant with Less Than Significant Mitigation Significant No Would the project: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the ❑ ❑ ❑ state? b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, ❑ ❑ ❑ specific plan or other land use plan? 3.12.1 Existing Conditions In 1975, the California Legislature enacted the Surface Mining and Reclamation Act (SMARA), which, among other things, provided guidelines for the classification and designation of mineral lands. Areas are classified on the basis of geologic factors without regard to existing land use and land ownership. The areas are categorized into four Mineral Resource Zones (MRZs): • MRZ-1: An area where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence • MRZ-2: An area where adequate information indicates that significant mineral deposits are present, or where it is judged that a high likelihood exists for their presence • MRZ-3: An area containing mineral deposits, the significance of which cannot be evaluated • MRZ-4: An area where available information is inadequate for assignment to any other MRZ Of the four categories, lands classified as MRZ-2 are of the greatest importance. Such areas are underlain by demonstrated mineral resources or are located where geologic data indicates that significant measured or indicated resources are present. MRZ-2 areas are designated by the State Mining and Geology Board as being regionally significant. Such designations require that a lead agency's land use decisions involving designated areas are to be made in accordance with its mineral resource management policies and that it consider the importance of the mineral resource to the region or the State as a whole, not just to the lead agency's jurisdiction. 3.12.2 Impact Analysis a. Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The City's General Plan Conservation Element does not mention any mineral resources in the City.42ln addition, the Orange County General Plan Resources Element does not identify the 42 City of Santa Ana. 1998a. City of Santa Ana General Plan Conservation Element. September 20. R:\WKE1702\ISMND\Fina1 ISMND\Fairview StrGEt BrldgP Final ISMN7,r3(E3a/40I 0 3 3-69 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 Project area as a mineral resource zone.43 No other City planning documents identify any locally important mineral resources in the vicinity of the proposed Project. The Project area is located within a developed urban area and does not support mineral extraction operations. Therefore, no impacts related to the loss of availability of a known mineral resource that would be of value to the region and the residents of the State would result from Project implementation. No mitigation is required. b. Would the project result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. As discussed above, the City's General Plan Conservation Element and the County's Resources Element do not identify any locally important mineral resources in the vicinity of the proposed Project. The proposed Project would not result in the loss of a locally important mineral resource. Therefore, no impacts related to the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan would result from Project implementation. No mitigation is required. 43 County of Orange. 2012a. Orange County General Plan ChapterV1. Resources Element. 3-70 75BlR "D\Final ISMND\Fairview Street Bridge Final ISMND.docx(OS/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET TOANTx STREET) L, OLEGT SANTA ANA, CALIFOPHIA 3.13 NOISE Less Than Potentially Significant with Less Than Significant Mitigation Significant No Would the project result in: a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project El® El El excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Generation of excessive groundborne vibration or El El ® El noise levels? c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use ❑ ❑ ❑ airport, would the project expose people residing or working in the project area to excessive noise levels? 3.13.1 Existing Setting This section is based on the Noise Study Report" (NSR; Appendix A) and Noise Abatement Decision Report (NADR; Appendix A)"s prepared for the Project. The City of Santa Ana addresses noise in the Noise Element of the General Plan 46 and in the Municipal Code.47 The City's interior and exterior noise standards are shown in Table 3.13.A below. Section 18-314 in Article IV, Noise Control, of the City's Municipal Code states that construction activities are exempt from the City's noise standards provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and Saturday, or any time on Sunday or a federal holiday. Table 3.13.A: Interior and Exterior Noise Standards, dB CNEL Category Land Use Category Interior' Exterior2 Residential Single-family, duplex, multifamily 453 65 Institutional Hospital, school classroom/playground 45 65 Church, library 45 - Open Space Parks - 65 ' Interior areas (including but not limited to bedrooms, bathrooms, kitchens, living rooms, dining rooms, closets, corridors/hallways, private offices, and conference rooms). Exterior areas shall mean private yards of single-family homes, park picnic areas, school playgrounds, common areas, and private open space such as atriums on balconies, and shall be excluded from exterior areas provided sufficient common area is included within the project. ' Interior noise level requirements contemplate a closed -window condition. A mechanical ventilation system or other means of natural ventilation shall be provided per Chapter 12, Section 1305, of the Uniform Building Code. 44 LSA Associates, Inc. 2019c. Noise Study Report. January. 45 LSA Associates, Inc. 2019b. Noise Abatement Decision Report. June. 46 City of Santa Ana. 1998c. City of Santa Ana General Plan Noise Element. September 20. 47 City of Santa Ana. 2019b. op. cit. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7.tlr5,g4 05 3-71 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 3.13.1.1 Existing Noise -Sensitive Land Uses in the Project Area Noise -sensitive receptors include residences, schools, hospitals, and similar uses that are sensitive to noise. Sensitivity to noise increases during the evening and at night. Noise -sensitive land uses located in the Project area are single-family and multifamily residences located adjacent to Fairview Street. Other non -noise -sensitive land uses located within the Project area include a medical office, a passive park (Fairview Triangle), a multiuse trail, vacant land, and commercial and light industrial uses. Recreational land uses in the Project area are not considered noise sensitive because there are no outdoor active -use areas where people would be regularly exposed to noise for an extended period of time. 3.13.1.2 Ambient Noise Levels Short-term (20-minute) and long-term (24-hour) ambient noise measurements were conducted to document the existing noise environment in the Project vicinity. In total, 15 short-term measurement locations were conducted on April 17, 2018 and May 10, 2018, using Larson Davis Models 831, 824, and 820 Type 1 sound level meters. Table 3.13.E shows the results of these measurements and the descriptions of the physical locations of the noise monitoring sites. As shown in Table 3.13.6, daytime noise levels in the Project vicinity range from 50.0 to 74.0 A -weighted decibels equivalent continuous sound level (dBA LEE). Two long-term measurement sites were selected to capture the diurnal traffic noise level pattern in the Project area. Long-term ambient noise monitoring was conducted using one dosimeter at two representative locations in the Project area. The long-term noise level measurement at LT-1 was performed from 9:00 a.m. on Tuesday, April 17, 2018, to 9:00 a.m. on Wednesday, April 18, 2018, at a single-family residence at 1008 King Street. The noise levels ranged from 62 to 73 dBA LED. The long-term noise level measurement at LT-2 was performed from 2:00 p.m. on Wednesday, April 18, 2018, to 2:00 p.m. on Thursday, April 19, 2018, at a single-family residence at 2505 West 16th Street. The noise levels ranged from 57 to 67 dBA LEE. Receptor locations are shown on Figure 5. 3.13.1.3 Existing Traffic Noise The primary existing noise sources in the Project area are transportation facilities, which include Fairview Street. Traffic noise levels were predicted using the FHWA's Traffic Noise Model Version 2.5 (TNM 2.5).48 Key inputs to TNM 2.5 were the locations of roadways, traffic mix, vehicle speeds, shielding features (e.g., topography and buildings), noise barriers, ground type, and receptors. The existing a.m. peak -hour traffic volumes obtained from the TIA49 or the worst -case traffic operations (prior to speed degradation), whichever were lower, were coded into TNM 2.5 with existing roadway conditions. The a.m. peak -hour traffic volumes were selected over the p.m. peak -hour traffic volumes because the long-term (24-hour) noise level measurements indicate that the peak noise hour occurs during this period. A total of 92 receptor locations were modeled to represent land uses in the Project area as shown in Figure 5. Table 13.1 in Appendix B of the NSR (Appendix A of this IS/MND) provides the results of the existing traffic noise modeling. 48 United States Federal Highway Administration. 2004. Traffic Noise Model (TNM) Version 2.5. April. 49 LSA Associates, Inc. 2018b. Traffic Impact Analysis. June. 3-72 7 5 Bm4"D\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) NT STRE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO 16TH STREET) ROJECT L S A MAY 2020 (9Tx STPEET ro ANTxNA,CA PROJECT SANTA ANA, CALIFOPNIA Table 3.13.B: Ambient Noise Measurement Results Monitor Duration Date Start Time dBA LP, Location Description Noise Sources No. (minutes) ST-1 4/17/2018 9:23 AM 20 63.4 2234 West 9th Street, in the residence backyard Traffic on Fairview Street, birds, and rooster crowing 5T-2 4/17/2018 9:23 AM 20 63.8 2507 9th Street, in the residence backyard Traffic on Fairview Street ST-3 4/17/2018 9:23 AM 20 64.9 1908 King Street, in the residence backyard Traffic on Fairview Street and birds Traffic on Fairview Street ST-4 4/17/2018 10:28AM 20 67.3 1007 Marengo Place, in the residence backyard and birds ST-5 4/17/2018 10:28AM 20 65.6 2332 West 12th Street, in the residence backyard Traffic on Fairview Street ST-6 4/17/2018 11:36AM 20 64.7 2503 West 12th Street, in the residence backyard Traffic on Fairview Street Traffic on Fairview Street, ST-7 5/10/2018 11:10 AM 20 66.7 Fairview Triangle birds, and wind ST-8 4/17/2018 30:28 AM 20 56.7 2413 West Washington Avenue, in the residence Traffic on Fairview Street backyard ST-9 4/17/2018 1:53 PM 20 55.7 1322 Fairway, in the residence backyard Traffic on Fairview Street ST-10 4/17/2018 1:54 PM 20 53.3 1334 Fair Way, in the residence backyard Traffic on Fairview Street 1321 North Glenarbor Street, in the residence ST-11 4/17/2018 12:19 PM 20 50.0 Traffic on Fairview Street backyard 1413 North Glenarbor Street, in the residence ST-12 4/17/2018 12:19 PM 20 54.5 Traffic on Fairview Street backyard. ST-13 4/17/2018 1:12 PM 20 55.7 1417 North Glenarbor Street, in the residence Traffic on Fairview Street backyard Traffic on Fairview Street ST-14 5/10/2018 12:10 PM 20 63.0 2501 16th Street, in the residence front yard and light traffic on 16th Street South of 1609 Fairview Street, in the residence ST-15 4/17/2018 1:12 PM 20 74.0 Traffic on Fairview Street frontyard Source: Compiled by LSA Associates, Inc. (May 2018). dBA L y = equivalent continuous sound level measured in A -weighted decibels ST = short-term 3.13.2 Impact Analysis a. Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?' Less Than Significant with Mitigation Incorporated. Construction. Two types of short-term noise level increases would occur during construction of the proposed Project. The first type would be from construction crew commutes and the transport of construction equipment and materials to the Project area that would incrementally raise noise levels on access roads leading to the area. The pieces of heavy equipment for grading and construction activities would be moved on site, would remain for the duration of each construction phase, and would not add to the daily traffic volumes in the Project vicinity. A high single -event noise exposure potential at a maximum level of 84 dBA maximum instantaneous noise level (Lmax) from trucks passing at 50 ft will exist. However, the projected construction traffic volume would be minimal when compared to existing traffic volumes on Fairview Street R:\WKE17O2\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7dr5BBr4OI 0 7 3-73 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 3-74 7 5 Bm4"D\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) o v�o L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 3-76 75 j3MEj0j1'_QD\FinalISMND\Fairview Street Bridge Final ISMND.docx(OS/26/20) o & v ¢ 1 v i � m � • 3a � +h• ° 1� �■y LL _ lT osyi z N M m n y 3 ■... t I gyp. . i ��� 15H1LL_ lqF�� mrcfxe L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 3-78 7 5 j3MEj0jIS2D\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/20) NT MENTS INITIAL STNDV/MITIGATED NEGATIVE DECLARATION FAIRVIEW BRIDGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANA, CALIFOPHIA and other adjacent roadways, and the associated long-term noise level change would not be perceptible above the existing ambient noise level. Therefore, short-term construction -related worker commutes and equipment transport noise level increases would not be substantial. The second type of short-term noise impact is related to noise generated during roadway construction. Construction is performed in discrete steps, each of which has its own mix of equipment and, consequently, its own noise characteristics. These various sequential phases would change the character of the noise generated and the noise levels in the Project area as construction progresses. Despite the variety in the type and size of construction equipment, similarities in the dominant noise sources and patterns of operation allow construction -related noise ranges to be categorized by work phase. Table 3.13.0 lists typical construction equipment noise levels (Lmax) recommended for noise impact assessments based on a distance of 50 ft between the equipment and a noise receptor. Table 3.13.C: Typical Construction Equipment Noise Levels Equipment Description Spec 721.5601 L.G. at 50 ft (dBA) Actual Measured L.D. at 50 ft (dBA) Backhoes 80 78 Compactor (ground) 80 83 Cranes 85 81 Dozers 85 82 Dump Truck 84 76 Excavators 85 81 Flat Bed Trucks 84 74 Front -End Loaders 80 79 Graders 85 N/A3 Jackhammer 85 89 Pickup Truck 55 75 Pneumatic Tools 85 85 Pumps 77 81 Rock Drill 85 81 Roller 85 80 Scrapers 85 84 Tractors 84 N/A Vibratory Pile Driver 95 101 Source: Federal Highway Administration Roadway Construction Noise Model (2006). Note: Noise levels reported in this table are rounded to the nearest whole number. ' Maximum noise levels were developed based on Spec 721.560 from the CA/T program to be consistent with the City of Boston's Noise Code forth In "Big Dig" project. 2 The maximum noise level was developed based on the average noise level measured for each piece of equipment during the CANT program in Boston, Massachusetts. ' Since the maximum noise level based on the average noise level measured for this piece of equipment was not available, the maximum noise level developed based on Spec 721.560 was used. CANT= Central Artery/runnel Lna.= maximum instantaneous noise level dBA = A -weighted decibels N/A =not applicable ft=foot/feet Spec=Specification R:\WKE1702\ISMND\Final ISMND\Fairview Street Bridge Final ISMN76Sg413 3-79 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 Typical noise levels at 50 ft from an active construction area range up to 88 dBA Lmax during the noisiest construction phases. The site preparation phase, which includes grading and paving, tends to generate the highest noise levels because the noisiest construction equipment is earthmoving equipment. Earthmoving equipment includes excavating machinery (e.g., backfillers, bulldozers, and front loaders). Earthmoving and compacting equipment includes compactors, scrapers, and graders. Typical operating cycles for these types of construction equipment may involve 1 or 2 minutes of full -power operation followed by 3 or 4 minutes at lower power settings. Construction of the proposed Project is expected to require the use of graders, bulldozers, and water trucks/pickup trucks. Noise associated with the use of construction equipment is estimated to be between 55 and 85 dBA Lmax at a distance of 50 ft from the active construction area for the grading phase. As seen in Table 3.13.C, the maximum noise level generated by each grader is assumed to be approximately 85 dBA Lmax at 50 ft from the grader in operation. Each bulldozer would generate approximately 85 dBA Lmax at 50 ft. The maximum noise level generated by water trucks/pickup trucks is estimated to be approximately 55 dBA Lmax at 50 ft from these vehicles. Each doubling of the sound source with equal strength increases the noise level by 3 dBA. Each piece of construction equipment operates as an individual point source. The worst -case composite noise level at the nearest residence during this phase of construction would be 88 dBA Lmax at a distance of 50 ft from an active construction area. Based on a usage factor of 40 percent, the worst -case combined noise level during this phase of construction would be 84 dBA Leq at a distance of 50 ft from the active construction area. The closest residences are located approximately 50 ft from the Project construction areas. Therefore, the closest residences may be subject to short-term noise reaching 88 dBA Lmax generated by construction activities in the Project area. As identified above, construction noise is exempt from noise standards in the City's Municipal Code, but construction activities are limited to daytime periods—i.e., no construction activities between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and Saturdays, or at any time on Sundays and federal holidays.5° The Project is also subject to Caltrans Standard Specifications or Greenbook (2018 or most current) equivalent specifications because the Project would utilize federal transportation funding. In addition to adherence to the City's Municipal Code construction activity time limits, standard noise controls are required to be implemented to avoid potentially significant construction noise impacts to adjacent residences. These controls include maintaining mufflers on equipment, directing stationary noise away from the nearest receptors, and staging equipment as far as possible from receptors. These controls, as well as compliance with the City's Municipal Code hour restrictions, are included in Mitigation Measure N0I-1. Therefore, with implementation of Mitigation Measure NCI-1, short-term noise impacts related to construction of the proposed Project would be less than significant. 50 City of Santa Ana. 2019b. op. cit. 3-80 7 513MEJOI1 ID\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA Operation. Potential long-term noise impacts under the Future Plus Project condition are solely from traffic noise. Future traffic noise levels at all 92 receptor locations were determined using either the worst -case traffic operations (prior to speed degradation) or the 2040 a.m. peak -hour traffic volumes obtained from the TIA'51 whichever were lower, as described above. Long-term traffic noise impacts were evaluated based on the noise standards in the City's General Plan Noise Element. According to the Noise Element, the long-term operational noise standard for residential uses is 65 dBA Community Noise Level Equivalent (CNEL). A 3 dBA change is the lowest level that is barely perceptible by the average human ear in an outdoor environment. Under CEQA, a comparison is made between the Existing No Project and Future Plus Project noise levels. A receptor is considered significantly impacted under CEQA if an increase of 3 dBA or more occurs and the Future Plus Project traffic noise level is 65 dBA CNEL or more. As shown in Table B.1 in Appendix B of the NSR (Appendix A of this IS/MND), the Project -related traffic noise increase (from Existing No Project to Future Plus Project) at all 92 modeled receptor locations would be less than 3 dBA and would not be perceptible to the human ear in an outdoor environment. Although noise level results from FHWA TNM 2.5 are described using the Leq level and the City's noise standards are described using the CNEL level, the change in noise level from Existing No Project to Future Plus Project would be the same between the LDq and CNEL. Therefore, long-term noise impacts related to operations of the proposed Project would be less than significant, and no mitigation is required. The modeled future noise levels were also compared to the Caltrans Noise Abatement Criteria (NAC) to determine whether noise abatement should be considered under NEPA, because the Project would utilize federal transportation funding. The following noise barriers (NBs) were analyzed to shield receptor locations that would be exposed to traffic noise levels approaching or exceeding the Caltrans NAC for the future Project conditions: • NB No. 1: A 169 ft long barrier along the right-of-way and private property line on the northbound side of Fairview Street between Civic Center Drive and 9th Street was analyzed to shield Receptor R-5. • NB No. 2: A 129 ft long barrier along the right-of-way and private property line on the southbound side of Fairview Street between Civic Center Drive and 9th Street was analyzed to shield Receptor R-8. • NB No. 3: A 113 ft long barrier along the right-of-way and private property line on the southbound side of Fairview Street between West 9th Street and West 12th Street was analyzed to shield Receptor R-14. 51 LSA Associates, Inc. 2018b. op. cit. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7.tl63IE3B/40I 15 3-81 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 • NB No. 4: A 171 ft long barrier along the right-of-way and private property line on the southbound side of Fairview Street between West 9th Street and West 12th Street was analyzed to shield Receptor R-23. • NB No. 5: A 705 ft long barrier along the right-of-way on the northbound side of Fairview Street between West 9th Street and West 12th Street was analyzed to shield Receptors R- 24, R-25, and R-40. • NB No. 6: A 184 ft long barrier along the right-of-way and private property line on the southbound side of Fairview Street between West 12th Street and the Santa Ana River was analyzed to shield Receptor R-46. Based on the NADR, NB Nos. 2 through 5 were determined to be reasonable, and NB Nos. 1 and 6 were determined to be not reasonable because the estimated construction cost exceeded the total reasonable allowance. NB Nos. 2, 3 (at 12 ft and 14 ft high), 4, and 5 would require the property owner to donate their right-of-way (permanent and temporary easement) in order to achieve reasonableness. The property owners and nonowner occupants were sent a noise barrier survey letter during the IS/MND public review period to request each owner's or occupant's opinion on whether or not they would prefer a noise barrier and what height they would prefer the barrier to be, based on the range of feasible and reasonable heights listed in Table 3.1 of the NADR (Appendix A of this IS/MND). NB No. 3 (at 14 ft high) was determined to be feasible and reasonable and would be constructed as part of the proposed Project. b. Would the project result in generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. Construction. Construction of the proposed Project could result in the generation of groundborne vibration. This construction vibration impact analysis discusses the level of human annoyance using vibration levels in vibration velocity decibels (VdB) and will assess the potential for building damages using vibration levels in peak particle velocity (PPV, measured in inches per second [in/sec]) because vibration levels calculated in root -mean -square (RMS) are best for characterizing human response to building vibration, while vibration level in PPV is best used to characterize potential for damage. The Transit Noise and Vibration Impact Assessment" indicates that a vibration level up to 102 VdB (an equivalent to 0.5 in/sec in PPV) is considered safe for buildings consisting of reinforced concrete, steel, or timber (no plaster), and would not result in any construction vibration damage. For a nonengineered-timber and masonry building, the construction vibration damage criterion is 94 VdB (0.2 in/sec in PPV). 52 United States Federal Transit Administration.2018. Transit Noise and Vibration Impact Assessment Manual. September. Website: https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research- in novation/118131/transit-noise-and-vi bration-impact-assessment-man ual-fta-report-no-0123_0. pdf (accessed October 2019). 3-82 7513MEJ01IJD\Fina1ISMND\Fairview StreetBrid PFinalISMND.d.C.(05/26/20) INITIAL STDDV/MITIGATED NEGATIVE DECLARATION MAY 2020 FAIRVIEW BRIDGE REPLACE MENT AND STREET IMPROVEMENTS L S A (9TH STREET TO 16TH STREET) PROJECT SANTA ANAL CALL EORNIA Table 3.13.13 shows the PPV and VdB values at 25 ft from a construction vibration source. As shown in Table 3.13.D, bulldozers and other heavy -tracked construction equipment (except for pile drivers and vibratory rollers) generate approximately 87 VdB of groundborne vibration when measured at 25 ft, based on the Transit Noise and Vibration Impact Assessment. At this level, groundborne vibration would result in potential annoyance to residents and workers but would not cause any damage to the buildings. Table 3.13.D: Vibration Source Amplitudes for Construction Equipment Equipment Reference PPV/Lv at 25 feet PPV (in/sec) Lv (VdB)1 Pile Driver (Impact), Typical 0.644 104 Pile Driver (Sonic), Typical 0.170 93 Vibratory Roller 0.210 94 Hoe Ram 0.089 87 Large Bulldozer 0.089 87 Caisson Drilling 0.089 87 Loaded Trucks 0.076 86 Jackhammer 0.035 79 Small Bulldozer 0.003 58 Source: Transit Noise and Vibration Impact Assessment Manual (FTA 2018). 1 RMS in VdB is 1 µin/sec. µin/sec= micro -inches per second PPV= peak particle velocity FTA= United States Federal Transit RMS=root-mean-square Administration VdB = vibration velocity decibels in/sec = inches per second Lv = velocity in decibels Construction vibration, similar to vibration from other sources, would not have any significant effects on outdoor activities (e.g., those outside of residences and commercial/office buildings in the Project vicinity). Outdoor site preparation for the proposed Project is expected to include the use of bulldozers and loaded trucks. The greatest levels of vibration are anticipated to occur during the site preparation phase. All other phases are expected to result in lower vibration levels. The distance to the nearest buildings for vibration impact analysis is measured between the nearest off -site buildings and the Project boundary (assuming the construction equipment would be used at or near the Project boundary) because vibration impacts occur normally within the buildings. The formula for vibration transmission is provided below: LvdB (D) = LvdB (25 ft) — 30 Log (D/25) PPVequip= PPVref X (25/D)1.5 For typical construction activity, the equipment with the highest vibration generation potential is the large bulldozer, which would generate 87 VdB at 25 ft. The closest residences are located approximately 50 ft from the Project construction areas. Due to distance attenuation, the closest residences would experience vibration levels of up to 78 VdB (0.031 in/sec PPV), which is below the FTA threshold of 94 VdB (0.2 in/sec PPV) for building damage. Although construction vibration levels at the adjacent land uses would have the potential to result in annoyance, these vibration levels would no longer occur once construction of the proposed Project is completed. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISM,76SE3 117 3-83 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 Therefore, groundborne vibration and noise impacts generated by construction equipment would be less than significant. No mitigation measures are required. Operation. Once operational, the proposed Project would generate a minimal amount of additional traffic, and regional traffic trips are expected to remain the same. Roads are not typically major sources of groundborne noise or vibration. Groundborne vibration is mostly associated with passenger vehicles and trucks traveling on roads with poor conditions (e.g., potholes, bumps, expansion joints, or other discontinuities in the road surface). Vibration effects of passenger vehicles and trucks (e.g., rattling of windows) are almost always a result of airborne noise. The proposed Project would consists of asphalt pavement that was resurfaced in August 2018. As a result, there are no potholes, bumps, or other discontinuities in the road surface that would generate groundborne vibration or noise impacts from vehicular traffic traveling on Fairview Street. Therefore, groundborne vibration and noise impacts generated by vehicles traveling through the Project area would be less than significant. No mitigation is required. c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The closest airport to the Project site is John Wayne Airport, which is located approximately 6.6 mi southeast of the Project site; however, the Project site is not located within the Airport Land Use Plan. The proposed Project would not expose people residing or working in the Project area to excessive noise levels from aircraft noise because the Project site is located more than 2 mi from John Wayne Airport, the Project site is not located within an Airport Land use Plan, and the proposed Project would not involve the introduction of residential or employment uses in the Project area. There would be no impact, and no mitigation is required. 3.13.3 Mitigation Measures Mitigation Measure NOI-1 Construction Noise Control. During construction, the Construction Contractor will implement the standard noise controls provided below and will adhere to City of Santa Ana (City) Municipal Code construction noise restrictions. The Construction Contractor will provide the City Public Works Director or designee with documentation that the following requirements were adhered to during construction activities: • During all Project area excavation and on -site grading, the Project contractors will equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. 3-84 7 513MEJ01IS8D\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA The Project contractor will place all stationary construction equipment so that emitted noise is directed away from receptors nearest the Project area. The construction contractor will locate equipment staging in areas that will create the greatest distance between construction -related noise sources and receptors nearest the Project area during all Project construction. • During all Project area construction, the construction contractor will limit all construction -related activities to the hours between 7:00 a.m. and 8:00 p.m. Monday through Saturday. No construction activities will be permitted outside of these hours or on Sundays or federal holidays. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7,63tE3 /40I 19 3-85 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TN STREET TO 16TH STREET( PROJECT SANTA ANAL CALIFORNIA 3.14 POPULATION AND HOUSING INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and El El El 0 businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing El El N El elsewhere? 3.14.1 Existing Setting The Project area is in Santa Ana. According to the 2012-2016 American Community Survey (ACS)," there were 333,605 people and 71,000 households in Santa Ana. Based on SCAG 2012 adopted growth estimates, the population of Santa Ana will reach 337,600 persons by 2020 and 336,700 persons by 2035, and will reach 73,900 households by 2020 and 74,800 households by 2035.54 3.14.2 Impact Analysis a. Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No Impact. The proposed Project would include roadway improvements. The proposed Project would not result in direct population growth, as the use proposed is not residential and would not contribute to permanent residency on site as it would replace the existing Fairview Street bridge over the Santa Ana River, widening Fairview Street between 9th Street and 16th Street, and restriping the north and south ends to match the existing condition in Santa Ana. The proposed Project would not generate growth beyond that anticipated in the General Plan. Therefore, the proposed Project would not directly or indirectly induce population growth, and no impacts would occur. No mitigation is required. sa The ACS is an ongoing survey conducted by the United States Census Bureau that provides data every year, giving communities the current information they need to plan investments and services. Information from the survey generates data that help determine how more than $400 billion in federal and State funds are distributed each year. (Source: United States Census Bureau. 2019. About the American Community Survey. Website: https://www.census.gov/programs-surveys/acs/about.htmI [accessed November 2019].) 54 Southern California Association of Governments. 2012. Adopted 2012 RTP Growth Forecast. Website: http://gisdata.scag.ca.gov/Pages/SocioEconomicLibrary.aspx?keyword=Forecasting (accessed November 2019). 3-86 75B420D\FinalISMND\Fairview Street Bridge Final ISMND.d.C.(05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET TO ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA b. Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Less Than Significant Impact. The proposed Project would require one full acquisition of a residential property (two-family residence; APN 405-213-14) and partial right-of-way acquisition from two commercial parcels (APNs 405-213-02 and 405-213-01) along the north side of Fairview Street. Full acquisition of the residential property would be required, as the proposed road widening would result in the loss of a portion of the side yard. Full acquisition of the residence would displace all persons in the households. Based on the average persons -per -household data for the census tract in which the residence is located (Census Tract 752.01), full acquisition of the residence would result in the displacement of 11.56 persons. Based on a 4.8 percent vacancy rate for Santa Ana, there will be sufficient replacement residences that are equal to or better than the displacement property available for rent or purchase. The two commercial parcels with partial acquisitions would not require business displacements or disruption to the current function of those properties. The proposed Project would not displace substantial numbers of existing people or housing, and no mitigation is required. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN76SE3 /40I 21 3-87 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT SANTA ANAL CALIFORNIA 3.15 PUBLIC SERVICES Would the project: a. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i. Fire protection? ii. Police protection? iii. Schools? iv. Parks? v. Other public facilities? 3.15.1 Existing Setting INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Imoa Police protection services are provided to Santa Ana by the Santa Ana Police Department. The City's central police station is located at 60 Civic Center Plaza, and the City's substation is located at 3750 West McFadden Avenue. In addition, the police department maintains the Santa Ana Regional Transportation Public Safety Office and Jose Vargas Community Affairs Office. The closest police station to the Project site is the City's substation, located approximately 1.9 mi southwest of the Project site. The City contracts fire department services with the Orange County Fire Authority (OCFA), which fulfills both fire protection and emergency medical responsibilities. The OCFA operates 10 stations throughout Santa Ana and has access to an additional 61 stations in its service area. These stations are well distributed, with approximately 1.5 mi service radii throughout Santa Ana. However, the overlapping responsibility of fire companies allows adequate response to emergencies. The first fire unit response goal (travel time) is less than 5 minutes. The closest fire station to the Project site is OCFA-Santa Ana Fire Station #71, located at 419 S. Franklin Street, approximately 1.4 mi southeast of the Project site. The Project area between 9th Street and the Fairview Street bridge is in the Santa Ana Unified School District (SAUSD) service area, and the Project area between Fairview Street bridge and 17th Street is in the Garden Grove Unified School District (GGUSD) service area. SAUSD serves transitional -kindergarten through 12th-grade children with 36 elementary schools, 9 intermediate schools, 6 comprehensive high schools, 3 educational options secondary schools, 2 early college high schools, and 1 early learner childhood education special -needs development center.55 55 Santa Ana Unified School District. 2019. District Overview. July 11. Website: https://www.sausd.us/ domain/3 (accessed August 2019). 3-88 7 5 Bl 22D\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) NT MENTS INITIAL STUDYiMITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OREGT SANTA ANAL CALIFOPHIA Approximately 48,000 students are enrolled in SAUSD schools." SAUSD serves transitional - kindergarten through 12th-grade children with 48 preschools and elementary schools, 10 intermediate schools, 8 high schools, 2 special -education schools, 1 adult education school, and 1 career technical education schools' Approximately 43,300 students are enrolled in GGUSD schools." The closest schools to the Project site include the REACH Academy Community Day Intermediate and High School located adjacent to the southern border of the Project site. Library services are provided at the Santa Ana Public Library, Newhope Library Learning Center, Garfield Community Center, Roosevelt -Walker Community Center, and Jerome Community Center.59 The closest library services to the Project site are provided at the Jerome Community Center, located approximately 1.5 mi south of the Project site. Parks and recreational facilities in the vicinity of the Project area include the SART and Fairview Triangle, a trailside rest area with native plant restoration, seating, and interpretive signage. 3.15.2 Impact Analysis a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Less Than Significant with Mitigation Incorporated. The proposed Project would not result in any new land uses that would require fire protection. Fairview Street is currently used by the OCFA to access land uses in this part of Santa Ana. The proposed Project would reduce congestion along Fairview Street. No long-term road closures and no closures during peak travel hours are anticipated through the Project area during construction of the proposed improvements, and at least one through -traffic lane in each direction would be kept open at all times. However, construction activities may temporarily restrict local vehicular traffic, which could affect emergency response or evacuation. A TMP is needed to ensure that adequate emergency response and evacuation will be maintained. Mitigation Measure TR-1, provided later in Section 3.17, Transportation, requires that a TMP be developed during final design to address impacts to local circulation during construction, including emergency access. The TMP would require that emergency service providers be notified prior to Project construction regarding any temporary limitations to emergency access. Therefore, with implementation of se Santa Ana Unified School District. 2019. District Overview. July 11. Website: https://www.sausd.us/ domain/3 (accessed August 2019). 57 Garden Grove Unified School District. 2019. Which School Will My Child Attend? Website: https://www.ggusd.us/schools/#elementary (accessed August 2019). 51 Ibid. 59 City of Santa Ana. 2019a. Library Services. Website: https://www.santa-ana.org/library (accessed August 2019). R:\WKE1702\ISMND\Final ISMND\Fairview Street Bridge Final ISMN7,63tE3 /40I 23 3-89 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 Mitigation Measure TR-1, potential impacts to emergency response and evacuation plans during construction would be reduced to less than significant. The proposed Project is anticipated to improve traffic along Fairview Street once the improvements are operational. Therefore, the completed Project should have a beneficial impact on emergency services response times in the Project area and vicinity. The proposed Project would not generate demand for fire protection, and no additional or expanded facilities would be needed. Therefore, impacts to emergency services related to fire protection would be less than significant with mitigation incorporated. ii. Police protection? Less Than Significant with Mitigation Incorporated. As discussed under Response 3.14.2(a)(i) above, the proposed Project would result in improvements to an existing roadway and would not result in any new land uses that would require police protection. Fairview Street is currently used by the Santa Ana Police Department to access land uses in this part of Santa Ana. The proposed Project would reduce congestion along Fairview Street. No long-term road closures and no closures during peak travel hours are anticipated through the Project area during construction of the proposed improvements, and at least one through -traffic lane in each direction would be kept open at all times. However, construction activities may temporarily restrict local vehicular traffic, which could affect emergency response or evacuation. A TMP is needed to ensure that adequate emergency response and evacuation will be maintained. Mitigation Measure TR-1, provided later in Section 3.17, Transportation, requires that a TMP be developed during final design to address impacts to local circulation during construction, including emergency access. The TMP would require that emergency service providers be notified prior to Project construction regarding any temporary limitations to emergency access. Therefore, with implementation of Mitigation Measure TR-1, potential impacts to emergency response and evacuation plans during construction would be reduced to less than significant. The proposed Project is anticipated to improve traffic operations along Fairview Street once the improvements are operational. The proposed Project would not generate demand for police protection, and no additional or expanded facilities would be needed. Therefore, impacts to emergency services related to police protection would be less than significant with mitigation incorporated. iii—v. Schools, Parks and Other Public Facilities? No Impact. The proposed Project would not generate an increase in population and, therefore, would not result in the need for new or expanded school facilities, parks, or libraries. As discussed in in Section 3.16, Recreation, the Project would not alter the function of the SART or Fairview Triangle during construction or operation. Therefore, there would be no Project -related impact to schools, parks, or libraries. No mitigation is required. 3-90 75B424D\FinalISMND\Fairview Street Bridge Final ISMND.d.C.(05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA 3.16 RECREATION Less Than Potentially Significant with Less Than Significant Mitigation Significant No a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur El El 0 El or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which El El N El mieht have an adverse ohvsical effect on the environment? 3.16.1 Existing Setting Recreational facilities in the vicinity of the Project area include the SART and Fairview Triangle. The SART is a Class I bike path that runs on the east side of the Santa Ana River. Fairview Triangle is a trailside rest area with native plant restoration, seating, and interpretive signage. Although Fairview Triangle provides some function as a passive park, the primary purpose of the site is a rest area with native plant restoration. 3.16.2 Impact Analysis a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Significant Impact. The purpose of the proposed Project is to reduce congestion and improve pedestrian and bicyclist safety on Fairview Street between 9th Street and 16th Street. Currently, the Fairview Street bridge is utilized by bicyclists and pedestrians to cross over the Santa Ana River, but there are no existing sidewalks or bikeways on the bridge. As part of the proposed Project, the Fairview Street bridge would be replaced with a new six -lane bridge (three lanes in each direction), including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised median, and lighting. These features would improve the safety of the area for both motorized and nonmotorized travel. The improved bridge may attract additional pedestrians and bicyclists due to added sidewalks and bikeways, which could facilitate access to the park by nonmotorized travel; however the proposed Project would not induce population or employment growth that would generate a significant increased demand for recreational facilities. Therefore, the proposed Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. Impacts would be less than significant, and no mitigation is required. b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less Than Significant Impact. As discussed above, the purpose of the proposed Project is to reduce congestion and improve pedestrian and bicyclist safety on Fairview Street between 9th Street and R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7tlr3(E3a/40I 2 5 3-91 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 16th Street. Currently, the Fairview Street bridge is utilized by bicyclists and pedestrians to cross over the Santa Ana River, but there are no existing sidewalks or bikeways on the bridge. As part of the proposed Project, the Fairview Street bridge would be replaced with a new six -lane bridge (three lanes in each direction), including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised median, and lighting. These features would improve the safety of the area for both motorized and nonmotorized travel. The improved bridge may attract additional pedestrians and bicyclists due to added sidewalks and bikeways, which could facilitate access to the park by nonmotorized travel; however the Project does not include recreational facilities or require the construction or expansion of recreational facilities because it involves bridge replacement, roadway widening, and restriping. Impacts would be less than significant, and no mitigation is required. 3-92 7 5 Bm426D\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA 3.17 TRANSPORTATION Less Than Potentially Significant with Less Than Significant Mitigation Significant No Would the project: a. Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle ❑ ® ❑ ❑ and pedestrian facilities? b. Conflict or be inconsistent with CEQA Guidelines §15064.3, El El ® El (b) c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or ❑ ❑ ® ❑ incompatible uses (e.g., farm equipment)? d. Result in inadequate emergency access? ❑ ® ❑ ❑ 3.17.1 Existing Setting The analysis in this section is based on the TIA60 (Appendix A), which summarizes the intersection LOS calculations using the intersection capacity utilization (ICU) methodology for signalized intersections and Highway Capacity Manual (HCM) methodology for unsignalized intersections, consistent with the City's Circulation Element and Capacity Calculations and Level of Service Standards. The traffic analysis analyzes the existing (2017) condition and future year (2021 and 2040) No Project and Plus Project conditions for the proposed Project. The City's Circulation Element and the Orange County Transportation Authority Master Plan of Arterial Highways (MPAH) identify Fairview Street between Civic Center Drive and 17th Street (including a bridge over the Santa Ana River) as a six -lane, divided Major Arterial. The bridge currently provides two lanes in each direction. The segment of Fairview Street to the north of 16th Street currently provides two lanes in each direction, with the exception of a three -lane southbound segment between Avalon Avenue and Bolivar Circle. Fairview Street south of 9th Street currently provides three lanes in each direction. Fairview Street has a posted speed limit of 45 mph on segments north and south of the bridge. Sidewalks exist on both sides of Fairview Street, with the exception of the segment on the bridge. Bicycle facilities, such as bicycle lanes, do not exist on Fairview Street; however, the SART runs along the Santa Ana River's eastern bank and has access points to both the northbound and the southbound sides of Fairview Street at the southern end of the bridge. The trail on the Santa Ana River's western bank does not have direct connections to Fairview Street. Consistent with the intersection analysis methodology, existing intersection LOS was calculated for the five study intersections. To calculate the daily roadway LOS, existing daily traffic volumes along the roadway segments between the study intersections were compared against the design capacities of each segment. The City considers LOS D to be the upper limit of satisfactory 60 LSA Associates, Inc. 2018b. op. cit. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN76SE3 40I 27 3-93 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET) PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANA, CALIFORNIA MAY 2020 intersection operations. Table 3.17.A depicts existing intersection LOS, while Table 3.17.13 shows roadway segment LOS. Table 3.17.A: Existing Intersection LOS Summary Intersection 2017 Existing Conditions AM Peak Hour PM Peak Hour Delay LOS Delay LOS 1 Fairview Street/17th Street 0.835 D 0.902 E 2 Fairview Street/16th Street' 31.6 D 20.0 C 3 Fairview Street/12th Street' 25.1 D 19.0 C 4 Fairview Street/9th Street' >50.0 F 47.4 E 5 Fairview Street/Civic Center Drive 0.642 B 0.640 B = unsatisfactory LOS ' The intersection is on signalized and was assessed using the HCM methodology. Delay values shown are in seconds per vehicle. >50.0= HCM delay value is greater than 50.0 seconds per vehicle, LOS F. HCM = Highway Capacity Manual LOS = level of service v/c = volume -to -capacity ratio Table 3.17.B: Existing ADT Volumes and LOS Roadway Segment 2017 Existing Conditions Arterial Type Capacity ADT LOS 17th Street to 16th Street 4 Lanes Divided 37,500 42,440 F Fairview 16th Street to 12th Street —Fairview Bridge 4 Lanes Undivided 25,00000 41,890 F Street 12th Street to 9th Street 4 Lanes Divided 37,5 40,980 F 9th Street to Civic Center Drive 6 Lanes Divided 56,300 41,720 C M = unsatisfactory LOS ADT = average daily traffic LOS = level of service v/c = volume -to -capacity As Table 3.17.A shows, the intersections of Fairview Street/17th Street and Fairview Street/9th Street currently operate at unsatisfactory LOS E or worse during one or both peak hours. The three other study intersections currently operate at satisfactory LOS D or better. As shown in Table 3.17.13, the segments of Fairview Street (including the bridge) that provide only four lanes of travel currently experience daily traffic volumes greater than their respective design capacities, meaning these roadway segments currently experience unsatisfactory LOS F. 3.17.2 Impact Analysis a. Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Less Than Significant with Mitigation Incorporated. Construction of the proposed Project may require temporary closure of one travel lane at a time on the bridge, which would temporarily delay 3-94 7 5 Bl28D\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA local vehicular traffic and could affect travelers on Fairview Street. In addition, construction of the proposed Project would require temporary closure of a portion of the SART for the demolition and placement of the bridge superstructure. The SART includes a Class I bike path on the eastern side and a regional riding and hiking trail on the western side. The portion of the SART affected by Project construction would need to be temporarily closed four times for approximately 8 hours each during two summer periods for the placement of precast concrete girders. During these periods, SART users would be detoured, and signage would be provided to display the dates of the closures and identify the detour routes. Work on the north and south sides of the bridge would be completed during separate periods so that SART users can be detoured to the trail on the opposite side of the Santa Ana River at 5th Street. There are gates and ramps located on both sides of the SART at 5th Street that provide access to bicyclists and pedestrians for these detours. On May 16, 2018, a coordination meeting was held in order to discuss the potential SART closures required by the proposed Project. Attendees included staff from the City, Caltrans, and OC Parks as well as the Project engineer and environmental consultant. The detour plan was revised based on OC Parks input. In addition, requirements for SART closures, including warning signs and flagmen, were noted and have been included as part of the proposed Project. As discussed at the meeting, details regarding the bike detours would be coordinated with OC Parks during construction at least 30 days prior to the temporary closure of the SART so that OC Parks can also provide the closure information on its website. Other short-term closures of up to 15 minutes would be allowed with flagmen. Potential impacts to travelers on Fairview Street or the SART in the Project area during construction would be avoided or minimized with development and implementation of a TMP that identifies how the safe movement of vehicular, pedestrian, and bike traffic would be safely handled during construction, including signage and bike detour routes and coordination with OC Parks. Mitigation Measure TR-1 requires that a TMP be prepared during final design and implemented during construction. Therefore, with implementation of Mitigation Measure TR-1, construction activities would not conflict with a program plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. In addition, LSA prepared future traffic forecasts for 2021 baseline (No Project) and Plus Project conditions as well as 2040 No Project and Plus Project conditions using the long-range traffic modeling tool, the Orange County Transportation Analysis Model (OCTAM). OCTAM is a travel demand model derived from SCAG's Regional Model that provides more specific land use and network information for Orange County. The 2021 baseline traffic forecasts represented the anticipated conditions at the anticipated Project completion year. The 2040 traffic forecasts represent long-range design year traffic conditions. Due to Project development delays, the current projected opening year is 2022. The 2021 No Project and Plus Project traffic forecasts were developed based on interpolating the overall growth between existing (2017) volumes and 2040 No Build and Build forecasts. Specifically, the proportional growth from 2017 to 2021 (4 years) was scaled against the overall growth between 2017 and 2040 (23 years) to develop a growth ratio of 17.39 percent. This growth percentage was applied to the growth between 2017 and 2040 forecasts at each study intersection and roadway segment to arrive at 2021 No Build and Plus Project traffic forecasts. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN76(E34 29 3-95 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET) PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANA, CALIFORNIA MAY 2020 The future year No Project conditions (2021 and 2040) are the baselines for analyzing the impacts associated with the Project itself (i.e., beyond that attributed to growth/cumulative projects). 2021 No Project Condition. As shown in Table 3.17.C, the intersections along Fairview Street are anticipated to operate at acceptable LOS with the exception of the following intersections: • Fairview Street/17th Street (LOS E during the p.m. peak hour) • Fairview Street/9th Street (LOS F in both the a.m. and p.m. peak hours) This represents a general worsening of intersection operations under 2021 No Project condition. Table 3.17.C: 2021 Intersection LOS 2017 Existing Condition 2021 No Project Condition 2021 Plus Project Condition AM Peak PM Peak AM Peak PM Peak AM Peak PM Peak Intersection Hour Hour Hour Hour Hour Hour v/c v/c v/c v/c v/c v/c Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS Fairview Street/ 1 0.835 D 0.902 E 0.853 D 0.954 E 0.860 D 0.948 E 17th Street Fairview Street/ 2 16th Street' 31.6 D 20.0 C 33.9 D 20.7 C >50.0 F 27.2 D Fairview Street/ 3 12th Street' 25.1 D 19.0 C 26.0 D 19.7 C 22.1 C 18.0 C Fairview Street/ 4 9th Street' >so.D F 47.4 E >sD.D F >so.D F >sD.D F 41.4 E Fairview Street/ 5 0.642 B 0.640 B 0.664 B 0.651 B 0.691 B 0.665 B Civic Center Drive -= unsatisfactory LOS ' The intersection is unsignalized and was assessed using the HCM methodology. Delay values shown are in seconds per vehicle. >50.0= HCM delay value is greater than 50.0 seconds per vehicle, LOS F. LOS = level of service HCM = Highway Capacity Manual v/c = volume -to -capacity ratio As shown in Table 3.17-D, forecasted increases to daily traffic volumes along Fairview Street from existing to 2021 No Project condition are anticipated to continue to result in unsatisfactory roadway segment LOS for the four -lane segments of Fairview Street. 2021 Plus Project Condition. As shown in Table 3.17.C, the intersections along Fairview Street are anticipated to operate at acceptable LOS with the exception of the following intersections: • Fairview Street/17th Street (LOS E during the p.m. peak hour) • Fairview Street/16th Street (LOS F during the a.m. peak hour) • Fairview Street/9th Street (LOS F during the a.m. peak hour and LOS E in the p.m. peak hour) Several of the study intersections are shown to operate at higher levels of delay or capacity compared to the 2021 No Project condition because of the rerouting of regional north -south vehicular traffic from parallel routes that may now use Fairview Street due to the proposed improvements. Exceptions include the intersections of Fairview Street at 17th Street and 3-96 75B430D\FinalISMND\Fairview Street Bridge Final ISMND.d.C.(05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA L, OREGT SANTA ANA, CALIFOPHIA Table 3.17.D: 2021 ADT Volumes and Roadway Segment LOS Roadway Segment I Arterial Type Capacity ACT LOS 2017 Existing Condition 17th Street to 16th Street 4 Lanes Divided 37,500 42,440 F Fairview 16th Street to 12th Street —Fairview Bridge 4 Lanes Undivided 25,000 41,890 F Street 12th Street to 9th Street 4 Lanes Divided 37,500 40,980 F 9th Street to Civic Center Drive 6 Lanes Divided 56,300 41,720 C 2021 No Project Condition 17th Street to 16th Street 4 Lanes Divided 37,500 42,910 F Fairview 16th Street to 12th Street —Fairview Bridge 4 Lanes Undivided 25,000 42,350 F Street 12th Street to 9th Street 4Lanes Divided 37,500 41,430 F 9th Street to Civic Center Drive 6Lanes Divided 56,300 42,180 C 2021 Plus Project Condition 17th Street to 16th Street 4 Lanes Divided 37,500 43,620 F Fairview 16th Street to 12th Street —Fairview Bridge 6 Lanes Divided 56,300 43,050 C Street 12th Street to 9th Street 6 Lanes Divided 56,300 42,110 C 9th Street to Civic Center Drive 6 Lanes Divided 56,300 42,880 C E= unsatisfactory LOS ACT = average daily traffic LOS = level of service v/c = volume -to -capacity ratio 12th Street, which operate better due to reductions in travel patterns (higher north -south through traffic, while lower east -west turning movements at 17th Street) and changes in access (12th Street). Implementation of the proposed Project would result in prolonged delay for the eastbound left - turn movements at the intersection of Fairview Street at 16th Street. This represents a worsening of access conditions to 9 a.m. and 5 p.m. peak -hour conditions. As this resulting deficient operation is indicative of only the worst -performing movement (the eastbound left - turning vehicles in the p.m. peak hour), this delay value and LOS are not considered to be indicative of the overall intersection and are not considered a significant impact. As Table 3.17.D shows, the proposed increase in roadway capacity to Fairview Street south of 16th Street is anticipated to accommodate both ambient existing to 2021 traffic growth and north -south regional traffic rebalancing at satisfactory LOS C. This is an improvement over both existing and 2021 No Project overcapacity traffic conditions. In addition, as shown in Table 3.17.D, Fairview Street from 17th Street to 16th Street would continue to result in unsatisfactory LOS F conditions. However, this segment is outside the Project limits. As described earlier, the City's General Plan Circulation Element identifies Fairview Street as a 6- lane Major Arterial Highway, including the segment between 17th Street and 16th Street. Implementation of additional lanes within this roadway segment, consistent with the General Plan, would eliminate the roadway deficiency. As part of its annual Capital Improvement Program (CIP), the City conducts ongoing monitoring and collects citywide traffic data for all arterials and intersections within the City. As part of this ongoing monitoring, the City determines needed improvements and prioritizes projects for funding to address identified congestion and/or safety concerns. The segment of Fairview Street between 17th Street and 16th Street is already identified as roadway link of concern. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN76SE34 3 1 3-97 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET) PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 2040 No Project Condition. As shown in Table 3.17.E, the intersections along Fairview Street are anticipated to operate at acceptable LOS with the exception of the following intersections: • Fairview Street/17th Street (LOS F in both the a.m. and p.m. peak hours) • Fairview Street/16th Street (LOS E during the a.m. peak hour) • Fairview Street/9th Street (LOS F in both a.m. and p.m. peak hours) Table 3.17.E: 2040 Intersection LOS 2017 Existing Condition 2040 No Project Condition 2040 Plus Project Condition AM Peak PM Peak AM Peak AM Peak PM Peak Hour PM Peak Hour Intersection Hour Hour Hour Hour v/c v/c v/c v/c v/c v/c Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS Fairview Street/ 1 17th Street 0.835 D 0.902 E 1.071 F 1.258 F 1.031 F 1.195 F Fairview Street/ 2 16th Street' 31.6 D 20.0 C 48.1 E 24.9 C >50A F 41.7 E Fairview Street/ 3 12th Street' 25.1 D 19.0 C 32.0 D 23.4 C 30.6 D 22.3 C Fairview Street/ 4 9th Street' >so.o F 47.4 E >50.0 F >so.o F >so.D F >so.o F Fairview Street/ 5 0.642 B 0.640 B 0.766 C 0.705 C 0.908 E 0.876 D Civic Center Drive -= unsatisfactory LOS ' The intersection is unsignalized and was assessed using the HCM methodology. Delay values shown are in seconds per vehicle. >50.0 = HCM delay value is greater than 50.0 seconds per vehicle, LOS F. LOS = level of service v/c = volume -to -capacity ratio This represents a general worsening of intersection operations under 2040 No Project condition. As shown in Table 3.17.F, forecasted increases to daily traffic volumes along Fairview Street from existing to 2040 No Project condition are anticipated to continue to result in unsatisfactory roadway segment LOS for the four -lane segments of Fairview Street. 2040 Plus Project Condition. As shown in Table 3.17.E, the intersections along Fairview Street are anticipated to operate at acceptable LOS with the exception of the following intersections: • Fairview Street/17th Street (LOS F during both the a.m. and the p.m. peak hours) • Fairview Street/16th Street (LOS F during the a.m. peak hour and LOS E during the p.m. peak hour) • Fairview Street/9th Street (LOS F during both the a.m. and the p.m. peak hours) • Fairview Street/Civic Center Drive (LOS E during the a.m. peak hour) Similar to the analysis results for the 2021 Plus Project condition, several of the study intersections are shown to operate at higher levels of delay or capacity under the 2040 Plus Project condition, compared to the 2040 No Project condition, because of the rerouting of regional north -south vehicular traffic from parallel routes that may now use Fairview Street 3-98 7 5 B7 32D\Final I$MND\Fairview Street Bridge Final I$MND.d.C. (05/26/20) NT STRE MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO 16TH STREET) ROJECT L S A MAY 2020 (9Tx STPEET To ANTxNA,CA L, OREGT SANTA ANA, CALIFOPHIA Table 3.17.F: 2040 ADT Volumes and Roadway Segment LOS Roadway Segment I Arterial Type Capacity ACT LOS 2017 Existing Condition 17th Street to 16th Street 4 Lanes Divided 37,500 42,440 F Fairview 16th Street to 12th Street —Fairview Bridge 4 Lanes Undivided 25,000 41,890 F Street 12th Street to 9th Street 4 Lanes Divided 37,500 40,980 F 9th Street to Civic Center Drive 6 Lanes Divided 1 56,300 41,720 1 C 2040 No Project Condition 172Street to 16th Street 4 Lanes Divided 37,500 45,130 F Fairview 16th Street to 12th Street —Fairview Bridge 4 Lanes Undivided 25,000 44,540 F Street 12th Street to 9th Street 4 Lanes Divided 37,500 43,580 F 9th Street to Civic Center Drive 6 Lanes Divided 56,300 44,360 C 2040 Plus Project Condition 172Street to 16th Street 4 Lanes Divided 37,500 49,200 F Fairview 16th Street to 12th Street —Fairview Bridge 6 Lanes Divided 56,300 48,560 D Street 12th Street to 9th Street 6 Lanes Divided 56,300 47,510 D 9th Street to Civic Center Drive 6Lanes Divided 56,300 48,360 D E= unsatisfactory LOS ACT = average daily traffic L05 = level of service v/c = volume -to -capacity due to the proposed improvements. Exceptions include the intersections of Fairview Street at 17th Street and 12th Street, which operate better due to reductions in travel patterns (higher north -south through traffic while lower east -west turning movements at 17th Street) and changes in access (12th Street). The intersection of Fairview Street at 16th Street experiences a worsening of HCM-based delay values in the 2040 p.m. peak hour from an acceptable 24.9 second/vehicle LOS C in the No Project condition to an unacceptable 41.7 second/vehicle LOS E in the Plus Project condition. This represents the calculated delay of the worst -performing movement in a given intersection and is not indicative of the experience of the majority of vehicles traveling through these intersections. As this resulting additional deficient operation is indicative of only the worst - performing movement, in this case the 5 eastbound left -turning vehicles in the p.m. peak hour, this delay value and LOS are not considered to be indicative of the overall intersection and are not considered a significant impact. Implementation of the proposed Project would result in an additional unsatisfactorily operating intersection (the intersection of Fairview Street and Civic Center Drive) compared to the deficient intersections identified under the 2040 No Build condition. Regional growth between the existing and 2040 No Project conditions would contribute to the unacceptable peak -hour operations at the intersection of Fairview Street at Civic Center Drive which could potentially result in a significant impact. As shown in Table 3.17.F, the proposed increase in roadway capacity for Fairview Street south of 16th Street is anticipated to accommodate 2040 traffic growth and north -south regional traffic rebalancing resulting in satisfactory LOS D. This is an improvement over both existing and 2040 No Project overcapacity traffic conditions. In addition, as shown in Table 3.17.F, Fairview Street R:\WKE1702\ISMND\Fina1 ISMND\Fairview Sheet Bridge Final ISMN76SE34 3 3 3-99 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET) PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 from 17th Street to 16th Street would continue to result in unsatisfactory LOS F conditions. However, this segment is outside the Project limits. As described earlier, the City's General Plan Circulation Element identifies Fairview Street as a 6-lane Major Arterial Highway, including the segment between 17th Street and 16th Street. Implementation of additional lanes within this roadway segment, consistent with the General Plan, would eliminate the roadway deficiency. As discussed above, as part of its annual CIP, the City conducts ongoing monitoring and collects citywide traffic data for all arterials and intersections within the City. As part of this ongoing monitoring, the City determines needed improvements and prioritizes projects for funding to address identified congestion and/or safety concerns. The segment of Fairview Street between 17th Street and 16th Street is already identified as roadway link of concern. The proposed improvement of Fairview Street from four through lanes to six through lanes could result in a significant impact at the intersection of Fairview Street and Civic Center Drive in the 2040 Plus Project a.m. peak -hour conditions. In order to mitigate the potentially impacted a.m. peak -hour condition, the intersection would need to be restriped to allow additional movements —specifically, restriping the westbound shared left -through lane to allow right turns as well (a shared left -through -right -turn lane). The allowance of westbound right turns from the westbound shared left -through turn lane is anticipated to improve the 2040 Plus Project condition a.m. peak -hour intersection v/c ratio from a deficient 0.908 (LOS E) to an acceptable 0.842 (LOS D). The 2040 Plus Project condition p.m. peak -hour intersection v/c ratio is anticipated to improve from an acceptable 0.876 (LOS D) to an acceptable 0.810 (LOS D). As this impact and deficiency are not anticipated to occur until the 2040 Plus Project condition, it is recommended that this improvement not be implemented until deemed necessary. This should be done through intersection operations monitoring (particularly of the westbound right -turn movement) by City staff. The requirement to monitor this intersection and to implement the intersection modification when warranted is included in Mitigation Measure TR-2. Unsignalized Queuing Analysis. To determine the necessary turn pocket lengths at the intersections of Fairview Street/16th Street and Fairview Street/9th Street that would be affected by the proposed Project, LSA conducted an HCM-based queuing analysis for the 2040 Plus Project traffic condition. Table 3.17.G shows the results of this queuing analysis. Table 3.17.G:2040 Plus Project Fairview Street Turn Pocket Queuing Intersection Movement Existing Pocket Length (ft) 95th percentile queue (ft)' AM Peak Hour I PM Peak Hour Fairview Street/16th Street Northbound Left 50 <25 <25 Fairview Street/9th Street Northbound Left 55 33 38 Southbound Left 95 48 <25 ' Queue length is based on a design vehicle length of 25 ft. Queue lengths of less than one vehicle are noted as "<25" to signify that a minimum of one vehicle length of queueing storage should be provided. ft = foot/feet 3-100 75B434D\FinalISMND\Fairview Street Bridge Final ISMND.docx(OS/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA Because the existing intersection geometrics have storage lengths that exceed the calculated queue lengths, modifications to existing pocket lengths are not necessary to accommodate 2040 Plus Project traffic queues. Pedestrian and bicyclist facilities along Fairview Street that currently exist on both sides of the bridge but not on the bridge itself would be connected by sidewalks and Class II bike lanes that are part of the proposed Project. The closure of this gap in the pedestrian network would benefit pedestrians traveling between destinations north of 17th Street, such as Leroy L. Doig Intermediate School, Samueli Academy, the Stater Bros. Market, the residential community south of the Santa Ana River and the Fairview Triangle park. With implementation of Mitigation Measure TR-2, which will address the projected deficiency at the intersection of Fairview Street and Civic Center Drive, Project operation would not conflict with a program plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Impacts would be less than significant with mitigation incorporated. b. Would the project conflict or be inconsistent with CEQA Guidelines §15064.3, subdivision (b)? Less Than Significant Impact. CEQA Guidelines section 15064.3 was certified and adopted in December 2018. Section 15064.3 provides that VMT is the most appropriate metric to assess transportation impacts. Other relevant considerations may include a project's effects on transit and nonmotorized travel. Section 15064.3, subdivision (b) further provides that transportation projects that reduce VMT should be presumed to cause a less -than -significant impact. For roadway capacity projects, a lead agency has "discretion to determine the appropriate measure of transportation impact consistent with CEQA and other applicable requirements." Based on CEQA Guidelines section 15064.3, VMT analysis will be required Statewide beginning July 1, 2020. Consistent with CEQA Guidelines section 15064.3, the City adopted new Local Guidelines for Implementing the California Environmental Quality Act in June 2019, which included a requirement for a quantitative analysis of VMT associated with a transportation project that adds capacity. However, a quantitative analysis of Project -generated VMT was not conducted as the transportation analysis for this project was prepared prior to June 2019. As such, a qualitative analysis of potential VMT impacts associated with the proposed Project is provided below. The purpose of the proposed Project is to reduce congestion and improve pedestrian and bicyclist safety on Fairview Street between 9th Street and 16th Street, consistent with the Orange County Master Plan of Arterial Highways and the City's General Plan Circulation Element. Currently, the Fairview Street bridge is utilized by bicyclists and pedestrians to cross over the Santa Ana River, but there are no existing sidewalks or bike lanes on the bridge or bike lanes between 9th Street and 16th Street. As part of the Project, the Fairview Street bridge would be replaced with a new six -lane bridge (three lanes in each direction), including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised median, and lighting and Class II bike lanes would be added between 9th Street and 16th Street. These features would improve the safety of the area for both motorized and nonmotorized travel. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN76SE3 40I 35 3-101 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 Because the Project would add lane capacity to the Fairview Street bridge, some traffic currently using other routes would use a widened Fairview Street bridge, which would increase VMT in the area. On the other hand, the improved bridge may attract additional pedestrians and bicyclists due to added sidewalks and bikeways. Therefore, the proposed project would support nonmotorized travel. As such, the proposed Project would not conflict or be inconsistent with State CEQ4 Guidelines section §15064.3, subdivision (b). Impacts would be less than significant, and no mitigation is required. c. Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact. The Project segment of Fairview Street bridge and the SART do not currently include hazardous design features, and operations of those facilities do not include any incompatible uses. The proposed Fairview Street bridge and SART modifications would be designed and constructed consistent with applicable CBC and Caltrans seismic design standards and would not include hazardous design features or incompatible uses. The construction of the proposed improvements would be completed with materials consistent with standard City requirements. Therefore, construction and operation of the proposed Project would not increase hazards due to a design feature or incompatible uses. This impact would be less than significant, and no mitigation is required. d. Would the project result in inadequate emergency access? Less Than Significant with Mitigation Incorporated. There are no hospitals, fire stations, or police stations on the Project segment of the Fairview Street bridge. However, Fairview Street provides a direct north -south route across the Santa Ana River in Santa Ana. Construction of the proposed Project would require temporary closure of one travel lane at a time on the bridge, which would temporarily delay local vehicular traffic and could temporarily affect emergency responders. Coordination with emergency responders with respect to reducing delays and identifying detour routes would avoid significant impacts with regards to emergency access. This requirement is included as part of the TMP specified in Mitigation Measure TR-1. Therefore, with implementation of Mitigation Measure TR-1, the proposed Project would not result in inadequate emergency access. 3.17.3 Mitigation Measures Mitigation Measure TR-1 Transportation Management Plan. During the construction phase, the Construction Contractor shall be required to submit a TMP to the City of Santa Ana (City) Director of Public Works, or designee, for review and approval. During construction, the City Director of Public Works, or designee, shall require the Construction Contractor to adhere to all requirements of the Traffic Management Plan (TMP). The TMP shall include the following: • Notices of lane closures in local media and posted on the City's website. 3-102 7 5 Bl 3613\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA • Advance notice to the public and local emergency service providers regarding the timing, location, and duration of construction activities. • Procedures for coordination with OC Parks to ensure appropriate bicycle/pedestrian detour routes and ensure appropriate signage is provided to display the dates of the closures and to identify the detour routes • Procedures for coordination with emergency service providers to minimize temporary delays in emergency response times. Such coordination could include the identification of alternative routes for emergency vehicles and routes across the construction area. Mitigation Measure TR-2 Fairview Street/Civic Center Drive Intersection LOS Monitoring. As part of the City's annual review of its Capital Improvement Program, the City Traffic Engineer will evaluate the function of the intersection of Fairview Street and Civic Center Drive to ensure that it operates at adequate level of service (LOS). If LOS is deficient, the City will restripe the westbound shared left -through turn lane to a shared left -through -right turn lane. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7,63B /40I 37 3-103 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT SANTA ANAL CALIFORNIA 3.18 TRIBAL CULTURAL RESOURCES Would the project: a. Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 Less Than Potentially Significant with Significant Mitigation i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical ❑ ❑ resources as defined in Public Resources Code Section 5020.1(k) or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying El Elthe criteria set forth in subdivision (c) of Public Resource Code Section 5024.1. the lead agency shall consider the significance of the resource to a California Native American tribe. 3.18.1 Existing Setting Less Than Significant No Impact Imoa Assembly Bill (AB) 52, which became law on January 1, 2015, provides for consultation with California Native American tribes during the CECA environmental review process, and equates significant impacts to "tribal cultural resources" with significant environmental impacts. PRC Section 21074 states that tribal cultural resources are sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are one of the following: • Included or determined to be eligible for inclusion in the California Register of Historical Resources. • Included in a local register of historical resources as defined in subdivision (k) of PRC Section 5020.1. • A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC Section 5024.1. In applying the criteria set forth in subdivision (c) of PRC Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. A "historical resource" (PRC Section 21084.1), a "unique archaeological resource" (PRC Section 21083.2(g)), or a "nonunique archaeological resource" (PRC Section 21083.2 (h)) may also be a tribal 3-104 7 5 Bl 38D\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA cultural resource if it is included or determined to be eligible for inclusion in the California Register. The consultation provisions of the law require that a public agency consult with local Native American tribes that have requested placement on that agency's notification list for CEQA projects. Within 14 days of determining that a project application is complete, or a decision by a public agency to undertake a project, the lead agency must notify tribes of the opportunity to consult on the project, should the tribes have previously requested to be on the agency's notification list. California Native American tribes must be recognized by the NAHC as traditionally and culturally affiliated with the project site and must have previously requested that the lead agency notify them of projects. Tribes have 30 days following notification of a project to request consultation with the lead agency. The purpose of consultation is to inform the lead agency in its identification and determination of the significance of tribal cultural resources. If a project is determined to result in a significant impact on an identified tribal cultural resource, the consultation process must occur and conclude prior to adoption of a Negative Declaration or Mitigated Negative Declaration, or certification of an Environmental Impact Report (PRC Sections 21080.3.1, 21080.3.2, 21082.3). 3.18.2 Impact Analysis a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k) or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. No Impact. The City submitted letters on April 11, 2018, notifying California Native American tribes traditionally and culturally affiliated with the Project area and vicinity about the proposed Project. No tribes requested consultation pursuant to PRC Section 21080.3.1. Because no responses were received from California Native American tribes, the proposed Project would not cause a substantial adverse change in the significance of a tribal cultural resource. No impacts would occur. The correspondence related to tribal cultural resources defined in PRC Section 21074 is included in Appendix A. Handling of previously unknown cultural resources or human remains discovered during construction is subject to State regulatory requirements and is included in Mitigation Measures CULT-1 and CULT-2, respectively. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7,63tE3 >2139 3-105 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT SANTA ANAL CALIFORNIA 3.19 UTILITIES AND SERVICE SYSTEMS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAY 2020 Less Than Potentially Significant Impact Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications ❑ ® ❑ ❑ facilities, the construction or relocation of which could cause significant environmental effects? b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during ❑ ❑ ❑ normal, dry and multiple dry years? c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has El El Eladequate capacity to serve the projects projected demand in addition to the provider's existing commitments? d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise ❑ ❑ ® ❑ impairthe attainment of solid waste reduction goals? e. Comply with federal, state, and local management and El El Elreduction statutes and reeulations related to solid waste? 3.19.1 Existing Setting The Project area is subject to the requirements of the Santa Ana RWQCB and is served by the Irvine Ranch Water District Company. Electric services for Santa Ana are provided by Southern California Edison, and the Southern California Gas Company provides the natural gas services. An existing 12- inch water line and a bank of 12 phone conduits cross the Santa Ana River, suspended under the deck of the existing bridge. The water service provider in the Project area is Santa Ana Municipal Utility Works. The phone service providers in the Project area include AT&T U-Verse and Time Warner Cable. The closest landfill to the Project area is the Frank R. Bowerman Landfill, located in Orange County, approximately 14.4 mi east of the Project area. 3.19.2 Impact Analysis a. Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less Than Significant with Mitigation Incorporated. Potential impacts related to the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects, are discussed below. Water and Wastewater. The 12-inch water line that cross the Santa Ana River, suspended under the deck of the existing bridge, would be temporarily relocated during construction and 3-106 75BAil FinalISMND\Fairview Street Bridge Final ISMND.docx(OS/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA then permanently relocated to the new bridge, which could halt water service for approximately 3 hours. Although standard construction procedures would be employed to avoid accidents or excessive disruptions to water service, there is a potential for an extended loss of water service. Any relocation of water facilities would occur during the construction phase such that water services are permanently maintained. To avoid any significant impacts to water service or other utilities during the construction phase, coordination with utility providers and completion of an updated utility search to determine utility conflicts that would require protection in -place or relocation are necessary. Any modifications to utility facilities are required to be coordinated with the applicable utility provider to minimize the risk of disruption of services and damage to the facilities, to ensure advance notification of any temporary service disruptions to the public, and to protect the safety of the construction workers and the general public. These requirements are specified in Mitigation Measures UTL-1 and UTL-2. Therefore, with implementation of Mitigation Measures UTL-1 and UTL-2, the relocation or construction of new water facilities would not cause significant environmental effects. The proposed Project would not result in any new land uses that would consume water or generate wastewater. Water would be used during construction to reduce fugitive dust in compliance with SCAQMD Rules 402 and 403 and during operation for landscape irrigation. Landscaping would include native trees and low -water -use shrubs along Fairview Street, which would not demand a substantial increase in water used for irrigation in comparison to existing conditions in the Project area. The amount of water used during construction and operation would be minimal, and water use during construction would cease when construction is completed. No wastewater would be generated as a result of construction or operation of the proposed Project. Stormwater Drainage. The proposed Project would improve the river hydraulics upstream of the bridge by lowering the water surface elevation and reducing the length of the subcritical flows by approximately 300 ft. Therefore, implementation of the proposed Project would have a beneficial effect on the flood control functions of the surface waters upstream of the Project area. A 60-inch storm drain exists from 17th Street to the northwest corner of the bridge, which has an outlet and drains into the Santa Ana River. However, the proposed Project would avoid impacting the storm drain outlet into the Santa Ana River. Additionally, the proposed Project would maintain the overall drainage patterns in the Project area and would not substantially increase the rate or amount of surface runoff in a manner that would result in on -site or off -site flooding. Therefore, the proposed Project would not result in the need for new storm water drainage facilities or the expansion of existing facilities. Electric Power and Natural Gas. As discussed in Response 3.6.2(a), energy usage on the Project site during construction would be temporary in nature and would be relatively small in comparison to available energy sources. Once operational, the proposed Project would not require the consumption of natural gas. Electric power associated with the proposed Project would only be associated with minimal electricity consumption associated with lighting along the Project segment. As such, implementation of the proposed Project would not result in a long-term substantial demand for electric power and natural gas. However, there is the potential for relocation of one or more utility poles along the Project alignment. Any R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7,r3(&141 3-107 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 modifications to utility poles are required to be coordinated with the applicable utility provider to minimize the risk of disruption of services and damage to the facilities, to ensure advance notification of any temporary service disruptions to the public, and to protect the safety of the construction workers and the general public. These requirements are specified in Mitigation Measures UTL-1 and UTL-2. Therefore, with implementation of Mitigation Measures UTL-1 and UTL-2, the proposed Project would not require or result in the relocation or construction of new or expanded electric power or natural gas facilities, the construction of which could cause significant environmental effects. Telecommunication Facilities. The bank of 12 phone conduits that cross the Santa Ana River over the Santa Ana River would be temporarily relocated during construction and then permanently relocated to the new bridge. Telecommunication disruptions would generally not exceed 3 hours. As discussed above, Mitigation Measure UTL-1 requires coordination with utility providers during the construction phase, and Mitigation Measure UTL-2 requires conducting an updated utility search to determine all utility conflicts that would require protection in -place or relocation. Therefore, with implementation of Mitigation Measures UTL-1 and UTL-2, the relocation or construction of new or expanded telecommunications facilities would not cause significant environmental effects. Summary. With implementation of Mitigation Measures UTL-1 and ULT-2, the proposed Project would not require or result in the relocation or construction of new or expanded facilities for water, wastewater treatment, storm drainage, electric power, natural gas, or telecommunications, the construction of which could cause significant environmental effects. Therefore, impacts would be less than significant with mitigation incorporated. b. Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? No Impact. Refer to Response 3.19.2(a), above. As discussed in that response, water use during construction and operation would be minimal, and water supplies for construction activities would be temporary in nature, ceasing upon construction completion. In addition, the minor increase in water use during operation for irrigation would not require additional entitlements or resources. Therefore, construction and operation of the proposed Project would have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years, and no impact would occur. No mitigation is required. c. Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. No wastewater would be generated as a result of construction or operation of the proposed Project. Therefore, the proposed Project would not result in a determination by the wastewater treatment provider that serves or may serve the proposed Project that it has adequate capacity to serve the Project's projected demand in addition to the provider's existing commitments, and no impact would occur. No mitigation is required. 3-108 7 5 B442D\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) INITIAL STU DYiM ITIGATED NEGATIVE DECLARATION MAY 2020 FAIRVIEW BRIDGE REPLACE MENT AND STREET IMPROVEMENTS L S A (9TN STREET TO 16TH STREET) PROJECT SANTA ANAL CALL EORNIA d. Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less Than Significant Impact. The proposed Project would generate construction waste that would require disposal in local landfills. The closest landfill to the Project site is the Frank R. Bowerman Landfill, which is currently permitted to operate until December 2053 and has a remaining capacity of 205,000,000 cubic yards.61 The maximum permitted daily capacity of the landfill is 11,500 tons per day. In addition, there is additional recycling capacity for the generated construction/demolition materials at the following facilities: Ewles Materials, All American Asphalt, Tierra Verde Industries, and Sunset Environmental in Irvine, and Madison Materials in Santa Ana. Therefore, these landfills would provide adequate waste disposal services in accepting construction waste generated by the proposed Project. Construction waste would be recycled as appropriate. Waste collected during road maintenance associated with operation of the proposed Project would be limited and would be similar to the amount of waste collected during maintenance of the existing roadway. The proposed Project would not generate solid waste in excess of State or local standards or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals during construction or operation. Therefore, a less -than -significant impact would occur. No mitigation is required. e. Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? No Impact. Waste generated during construction of the proposed Project would be limited to construction debris (e.g., concrete, rebar, and vegetation associated with clearing and grading, and with the widening of Fairview Street and replacement of the bridge) and would not generate an excessive amount of solid waste that would exceed the capacity of the Frank R. Bowerman Landfill. Construction waste would be disposed of in accordance with federal, State, and local regulations related to recycling, including the California Integrated Waste Management Act of 1989 (AB 939). Operation of the completed Project would generate very limited waste material. Specifically, waste collected during maintenance would be collected and disposed of consistent with City policies. Therefore, the proposed Project would comply with all federal, State, and local statutes and regulations related to solid waste, and no impact would occur. No mitigation is required. 3.19.3 Mitigation Measures Mitigation Measure UTL-1 Coordination with Utility Providers. During the construction phase, the Construction Contractor will coordinate with utility service providers in the area to minimize the risk of disruption of services and damage to any utility facilities present within the disturbance limits, to ensure advance notification of any temporary service disruptions to the public, and to protect the safety of the construction workers and the general public. 61 OC Waste & Recycling. Frank R. Bowerman Landfill. Website: http://www.ociandfills.com/landfill/active/ bowerman (accessed August 2019). R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7.tl63Bmol 43 3-109 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 Mitigation Measure UTL-2 Updated Utility Survey. During the design phase, the Project Engineer will provide the City of Santa Ana (City) Director of Public Works, or designee, with an updated utility survey to update information on known utility facilities as well as previously unidentified/unknown or new utility facilities within the disturbance limits. 3-110 75B4a"D\FinalI$MND\Fairview Street Bridge Final I$MND.d.C.(05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM REST TO STREET BEET) PROJECT L S A MAY 2020 (9Tx STREET To ANTx STREET) L, OLEGT SANTA ANAL CALIFOPHIA 3.20 WILDFIRE Less Than Potentially Significant with Less Than Significant Mitigation Significant No If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a. Substantially impair an adopted emergency response plan or El El El evacuation plan? b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to El El Elpollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate ❑ ❑ ❑ fire risk or that may result in temporary or ongoing impacts to the environment? d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result ❑ ❑ ❑ of runoff, post -fire slope instability, or drainage changes? 3.20.1 Existing Setting Wildland fires occur in geographic areas that contain the types and conditions of vegetation, topography, weather, and structure density susceptible to risks associated with uncontrolled fires that can be started by lightning, improperly managed camp fires, cigarettes, sparks from automobiles, and other ignition sources. According to the California Department of Forestry and Fire Protection, the Project site is within a designated Non-VHFHSZ.62 The project is not located in or near state responsibility areas. 3.20.2 Impact Analysis a. Would the project substantially impair an adopted emergency response plan or emergency evacuation plan? No Impact. The proposed Project is anticipated to improve traffic along Fairview Street once the improvements are operational. Therefore, the completed Project should have a beneficial impact on emergency response and evacuation in the Project area and vicinity. Moreover, since the Project area is not located in or near a VHFHSZ nor is it located in or near a State Responsibility Area, potential impacts associated with emergency response or evacuation would not pertain to wildfire and would more likely be associated with an urban fire or other emergency situations. Therefore, operation of the proposed Project would not substantially impair an adopted emergency response plan or emergency evacuation plan. There would be no impact, and no mitigation is required. Bz California Department of Forestry and Fire Protection. 2011. op. cit. R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISM N75(&145 3-111 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 b. Would the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? No Impact. As stated previously, the Project area is not located in or near a VHFHSZ nor is it located in or near a State Responsibility Area. Therefore, the proposed Project would not exacerbate wildfire risks due to slope and prevailing winds, thereby exposing Project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. There would be no impact, and no mitigation is required. c. Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No Impact. Utility modifications and the proposed roadway improvements would not exacerbate fire risk due to the location of the Project in an urban area outside of a designated fire hazard zone. Therefore, the proposed Project would not require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that would exacerbate fire risk or result in temporary or ongoing impacts to the environment. There would be no impact, and no mitigation is required. d. Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post fire slope instability, or drainage changes? No Impact. Landslides and other forms of mass wasting, including mud flows, debris flows, and soil slips, occur as soil moves downslope under the influence of gravity. Landslides are frequently triggered by intense rainfall or seismic shaking but can also occur as a result of erosion and downslope runoff caused by rain following a fire. As previously discussed in Response 3.7.2(a)(iv), the proposed Project would not introduce any new topographical features or elements that would increase the risk of landslide within the Project vicinity. Furthermore, as stated previously, the Project is not located in or near a VHFHSZ nor is it located in or near a State Responsibility Area. Therefore, the proposed Project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, postfire slope instability, or drainage changes. There would be no impact, and no mitigation is required. 3-112 7 5 Bm4,"D\Final ISMND\Fairview Street Bridge Final ISMND.d.cx (05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA L, OREGT SANTA ANAL CALIFOPHIA 3.21 MANDATORY FINDINGS OF SIGNIFICANCE Less Than Potentially Significant with Less Than Significant Mitigation Significant No a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to El® El El a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are El® El El when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either ❑ ® ❑ ❑ directly or indirectly? 3.21.1 Impact Analysis a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of o fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant with Mitigation Incorporated. As described in the analysis in this IS/MND, the proposed Project would not degrade the quality of the environment, substantially reduce the habitats of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, or threaten to eliminate a plant or animal with implementation of Mitigation Measures 13I0-1 through BIO-9 listed in Section 3.4, Biological Resources. In addition, the proposed Project would not eliminate important examples of major periods of California history or prehistory with implementation of Mitigation Measures CULT-1 and CULT-2 listed in Section 3.5, Cultural Resources, and Mitigation Measure GEC-1, listed in Section 3.7, Geology and Soils. With implementation of the mitigation measures listed above, impacts would be less than significant. b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less Than Significant with Mitigation Incorporated. As a roadway improvement project, the proposed Project would result in minor changes to the environmental setting. The proposed Project R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN76SE3 l 47 3-113 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 would reduce traffic congestion and improve safety for motorized and nonmotorized travel. Other impacts are minor and would not be considered cumulatively considerable because they would be addressed through compliance with mitigation measures described throughout this document and regulatory requirements. Therefore, with mitigation incorporated, the proposed Project would not have impacts that are individually limited but cumulatively considerable. c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant with Mitigation Incorporated. Implementation of the proposed Project has the potential to result in significant impacts related to air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, transportation, and utilities and service systems, which could indirectly impact human beings. However, with the exception of transportation, these impacts are related to construction activities, which are temporary and would cease once the project is operational. In addition, implementation of the mitigation measures described throughout this document would reduce all potential impacts to less -than -significant levels. Therefore, the proposed Project would not result in environmental impacts that would cause substantial adverse effects on human beings. 3.21.2 Mitigation Measures Refer to 3.1, Aesthetics, for Mitigation Measure AES-1, Section 3.3, Air Quality, for Mitigation Measure AQ-1; Section 3.4, Biological Resources, for Mitigation Measures BIO-1 through BIO-9; Section 3.5, Cultural Resources, for Mitigation Measures CULT-1 and CULT-2; Section 3.7, Geology and Soils, for Mitigation Measure GEO-1; Section 3.9, Hazards and Hazardous Materials, for Mitigation Measure HAZ-1; Section 3.10, Hydrology and Water Quality, for Mitigation Measures HYDRO-1 through HYDRO-3; Section 3.13, Noise, for Mitigation Measure NOISE-1; Section 3.17, Transportation, for Mitigation Measures TR-1 and TR-2; and Section 3.19, Utilities and Service Systems, for Mitigation Measures UTL-1 and UTL-2. 3-114 7 5 B4"D\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA L, OREGT SANTA ANAL CALIFOPHIA 4.0 REFERENCES California Department of Conservation. 2006. Seismic Hazard Zones. Website: http://maps. conservation.ca.gov/cgs/informationwarehouse/ (accessed August 2019). 2014. Orange County Important Farmland 2014. Website: ftp://ftp.consrv.ca.gov/pub/ dlrp/FMMP/pdf/2014/ora14.pdf (accessed August 2019). California Department of Forestry and Fire Protection. 2011. Wildland Hazard and Building Codes. November. Website: https://osfm.fire.ca.gov/divisions/wildfire-prevention-planning- engineering/wiIdland-hazards-building-codes/ (accessed August 2019). California Department of Toxic Substances Control. 2019. Enviro5tor. Website: www.envirostor.dtsc. ca.gov/public (accessed August 2019). California Department of Transportation. 2011. California Scenic Highway Mapping System, Orange County. Website: https:Hdot.ca.gov/programs/design/lap-landscape-architecture-and- community-livability/lap-liv-i-scenic-highways (accessed August 2019). 2018. Standard Specifications, State of California. Website https://dot.ca.gov/programs/ design/ccs-standard-plans-and-standard-specifications. (accessed September 2019). California Department of Water Resources. 2004. California's Groundwater, Bulletin 118-South Coast Hydrologic Region, Coastal Plain of Orange County Groundwater Basin. February. California Energy Commission. 2019. 2019 Integrated Energy Policy Report. California Energy Commission. Docket# 19-IEPR-01. California Environmental Protection Agency. 2019. Government Code Section 65962.5(a). Website: https://calepa.ca.gov/sitecleanup/corteselist/section-65962- (accessed August 2019). City of Santa Ana. 1998a. City of Santa Ana General Plan Conservation Element. September 20. 1998b. City of Santa Ana General Plan Land Use Element. February 2. 1998c. City of Santa Ana General Plan Noise Element. September 20. 2015. Final Climate Action Plan. December. 2019a. Library Services. Website: https://www.santa-ana.org/library (accessed August 2019). 2019b. Municipal Code of Santa Ana, California. September 16. Website: https://library. municode.com/ca/santa_ana (accessed August 2019). R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISM N76SE3 149 4-1 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 Civil Works Engineers. 2019a. Location Hydraulic Study. Santa Ana River Bridge at North Fairview Street. State Bridge No. 5063 (184). October. 2019b. River Hydraulics Analysis. Fairview Avenue Widening & Bridge Replacement Santa Ana, CA 91303. October. County of Orange. 2012a. Orange County General Plan Chapter VI. Resources Element. 2012b. Susceptibility Map Update. Susceptibility Analysis -Santa Ana River. December. Earth Mechanics, Inc. 2018. Preliminary Geotechnical Information. March 20. Garden Grove Unified School District. 2019. Which School Will My Child Attend? Website: https://www.ggusd.us/schools/#elementary (accessed August 2019). Group Delta. 2019. Initial Site Assessment Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project. May 30. LSA Associates, Inc. 2018a. Natural Environment Study (Minimal Impacts). December. __ 2018b. Traffic Impact Analysis. June. __ 2019a. Historic Property Survey Report. June. 2019b. Noise Abatement Decision Report. June. 2019c. Noise Study Report. January. 2019d. Paleontological Analysis of the Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project Santa Ana, Orange County, California. September 7. 2019e. Water Quality Memorandum: Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project BRLS 5063(184). September 16. OC Waste & Recycling. Frank R. Bowerman Landfill. Website: http://www.oclandfills.com/landfill/ active/bowerman (accessed August 2019). Orange County Water District. 2019a. Groundwater Management. Website: https://www.ocwd. com/what-we-do/groundwater-management/ (accessed October 2019). 2019b. Groundwater Storage Level August 2019. Website: https://www.ocwd.com/media/ 8151/groundwater-storage-august-2019.pdf (accessed October 2019). Orange County Water District, City of La Habra, and Irvine Ranch Water District. 2017. Basin 8-1 Alternative. January 1. Website: https://www.ocwd.com/media/4918/basin-8-1-alternative- final-report-1.pdf (accessed November 2019). 4-2 7 5 Bm4dWD\Final ISMND\Fairview Street Bridge Final ISMND.docx (OS/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA L, OREGT SANTA ANAL CALIFOPHIA Regional Water Quality Control Board. 2004. Workplan: Filling the Gaps in Wetland Protection. Santa Ana Regional Water Quality Control Board. 1995. Water Quality Control Plan, Santa Ana River Basin. Updated 2008 and 2011. 2004. Watershed Management Initiative. November. Santa Ana Unified School District. 2019. District Overview. July 11. Website: https://www.sausd.us/ domain/3 (accessed August 2019). South Coast Air Quality Management District. 1993. CEQA Air Quality Handbook. Website: http://www.aq m d.gov/home/rules-compliance/ceq a/air-q ua I ity-analysis-hand book/ceqa- air-quality-handbook-(1993) (accessed June 2019). 2007. Fugitive Dust Mitigation Measure Tables. Fugitive Dust Table XI -A: Construction & Demolition. Website: http://www.agmd.gov/home/rules-compliance/ceqa/air-quality- analysis-handbook/mitigation-measures-and-control-efficiencies/fugitive-dust (accessed November 2019). 2016. Final 2016 Air Quality Management Plan. March. Southern California Association of Governments. 2012. Adopted 2012 RTP Growth Forecast. Website: http://gisdata.scag.ca.gov/Pages/SocioEconomicLibrary.aspx? keyword=Forecasting (accessed November 2019). United States Census Bureau. 2019. About the American Community Survey. Website: https://www. census.gov/programs-surveys/acs/about.html (accessed November 2019). United States Federal Emergency Management Agency. 2009. Flood Insurance Rate Map (FIRM) No. 0659C01441. December 3. United States Federal Highway Administration. 2004. Traffic Noise Model (TNM) Version 2.5. April. United States Federal Transit Administration. 2018. Transit Noise and Vibration Impact Assessment Manual. September. Website: https://www.transit.dot.gov/sites/fta.dot.gov/files/ docs/research-innovation/118131/transit-noise-and-vibration-impact-assessment-manual- fta-report-no-0123_0.pdf (accessed October 2019). United States Fish and Wildlife Service. 2018. Information, Planning, and Conservation System (IPaC) Trust Resource Report. Website: https://ecos.fws.gov/ipac/ (accessed February 2018). R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN76SE3 /40I 51 4-3 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 4-4 75Bm4 D\Final ISMND\Fairview Street Bridge Final ISMND.d.C.(05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA PPOREGT SANTA ANAL CALIFOPHIA APPENDIX A TECHNICAL REPORTS (ON CD) R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7,6tE3m153 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 75 Bm4f ID\Final ISMND\Fairview Street Bridge Final ISMND.d.C.(05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA PPOREGT SANTA ANAL CALIFOPHIA APPENDIX B AIR QUALITY MODELING WORKSHEETS R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7,6tE3m15 5 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 7 5 Bm4Z6D\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) lo \}} b>Z::c::\}\ )\ \ \ \\\ z/1,g lo mm \} /\ \ \\\ /\\ \ z/}}o lo \}} }\ /\ \ \ \\\ /\\ z/Ho o lo \} \}\{\:S:Ioo /\ \ \ \\\ / }}\} /\\ z NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA PPOREGT SANTA ANAL CALIFOPHIA APPENDIX C AREA OF POTENTIAL AFFECTS (APE) MAP R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7,6tE3m161 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 75Bm4 D\Final ISMND\Fairview Street Bridge Final ISMND.d.C.(05/26/20) NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA PPOREGT SANTA ANAL CALIFOPHIA APPENDIX D MITIGATION MONITORING AND REPORTING PROGRAM R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7,6tE3m16 5 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 7 5 Bl 4"D\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) MITIGATION MONITORING AND REPORTING PROGRAM FAIRVIEW BRIDGE REVLACEMENTAND STREET IMPROVEMENTS /� MAY 2020 (9TR STREET TO 16TR STREET) PROJECT `J' CITY OF SANTA ANAL CALI FORNIA MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONITORING REQUIREMENTS PRC Section 21081.6 (enacted by the passage of AB 3180) mandates that the following requirements shall apply to all reporting or mitigation monitoring programs: The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a Responsible Agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the Lead Agency or a Responsible Agency, prepare and submit a proposed reporting or monitoring program. The Lead Agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. A public agency shall provide the measures to mitigate or avoid significant effects on the environment that are fully enforceable through permit conditions, agreements, or other measures. Conditions of project approval may be set forth in referenced documents which address required mitigation measures or in the case of the adoption of a plan, policy, regulation, or other project, by incorporating the mitigation measures into the plan, policy, regulation, or project design. • Prior to the close of the public review period for a draft Environmental Impact Report or MND, a Responsible Agency, or a public agency having jurisdiction over natural resources affected by the project, shall either submit to the Lead Agency complete and detailed performance objectives for mitigation measures which would address the significant effects on the environment identified by the Responsible Agency or agency having jurisdiction over natural resources affected by the project, or refer the Lead Agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to a Lead Agency by a Responsible Agency or an agency having jurisdiction over natural resources affected by the project shall be limited to measures which mitigate impacts to resources which are subject to the statutory authority of, and definitions applicable to, that agency. Compliance or noncompliance by a Responsible Agency or agency having jurisdiction over natural resources affected by a project with that requirement shall not limit that authority of the Responsible Agency or agency having jurisdiction over natural resources affected by a project, or the authority of the Lead Agency, to approve, condition, or deny projects as provided by this division or any other provision of law. R:\JMKE1702\ISMND\Fina1 ISMND\APpendix D Fairview St Bridge Mpp$p{Ipcy jp5/-6/]0)— L /� FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS J' (9TH STREET TO 16TH STREET) PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANAL CALIFORNIA MAY 2020 MITIGATION MONITORING PROCEDURES The mitigation monitoring and reporting program for the proposed project was prepared in compliance with PRC Section 21081.6. It describes the requirements and procedures to be followed by the City of Santa Ana to ensure that all mitigation measures adopted as part of the proposed project would be carried out as described in this IS/MND. Table A.1 lists each of the mitigation measures specified in this IS/MND and identifies the party or parties responsible for implementation and monitoring of each measure. 7 J2.J�.rvE]y\I$pAyp\Final ISMND Appendix D Fairview St Bridge MMRP.doex (05/26/20) N J 0 wv a� s� m m C w� o aY o V p d 3 N E O Y C Ou m m a 0 � C O -Va m C � C p m � p V a m a m `o m c a s - m u c a o 0 m O Y c d `O C C u 3 mm u 0 m m c Q o a v N UI L 01 N N i+ d C O c t0 3 jp '> m N L U '� C H W a .E m K E v oa rh aco `. o o 'I = o c= v o « -o m m g v « o v Y o a N L,� « v f v' m« -o > o O= N cmi m Y p m> Y U a S C O L N N O O e+ a hC U O m o cp0 c YOC,« anw o"o u 3 0 c mM m G mN v aci m O T Y C 6 m m w O Y p C L 0 0 « m O. s' 3 0 E N_ C H UI E T U o Eon O O vwu >m ,O >m3 C U o O m is N uv u o °1 aio c o c«F c c_E `MV. ma N O� E O UW O m pU.M O «U 0 o o m 3 o m c c a aid a a m m m m o m Vo m ' a c L L m Y� c v v c Y o> c a m p m 3« m "' N 3 o o-a m (7 m« in m o« w o«. o3nt boa m m v E c v u n o m v - - w u c c N m u- o v `� > m m v m 3 v -om c c O � L c m o_v o o0 m ` i J m m m vmi m T 7 m O L w O a N Oq Y F Y O m Y ti 2= m" C O« O l) « m p T p > > S m m o w p 3 o v` 0 3 fO m v c 3 'm o= Y c w -tea v$ `m m U E aYoi m Ol m 0' 0' .. •;,� vmVi 0 O- S U N O m` �+ N ti m m s p li O a a m C m O C 0> w m f0 G Cr o. 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N N Y W v — 3 N 3 v c = - o d � Y N YN L !� m °1 t a a v'c c c = 0o no > a a O c � V 3 o m a v �w - u w E c a n� 3 c � N Q Y a F O � - � 3 m m ado v N ti 75B-178 MITIGATION MONITORING AND REPORTING PROGRAM FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS /� MAY 2020 (9TR STREET TO 16TR STREET) PROJECT `J' CITY OF SANTA ANAL CALIFORNIA This page intentionally left blank R:\WKE1702\ISMND\Fina1 ISMND\APpendix D Fairview St Bridge Mpp$p{Ipcy,{ _61019 13 NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA PPOREGT SANTA ANAL CALIFOPHIA APPENDIX E NOTICE OF AVAILABILITY R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7,6tE3 40I 80 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 7 rJ tG/! [E�C0S$D\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) PUBLIC NOTICE FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET) CITY OF SANTA ANA Notice of Availability of Draft Initial Study/Mitigated Negative Declaration 17TH ST. wEsrNiNs,Eaw � � // m l - P r , Sury9WEMAV � p �Q MYLN MBPNINGSIEEPv p ��/ �/Q JUOrtH LN ygRiNCW f / WASHING ONAV PROJECT LIMITS IT srry, sr � �sL � r i / CIVIC OE OVERVIEW To improve pedestrian and bicyclist safety and address traffic congestion, the City of Santa Ana, in conjunction with Caltrans District 12, proposes to replace and widen the Fairview Street bridge crossing over the Santa Ana River in Santa Ana, California, to provide new sidewalks, bike lanes and an additional third lane in each direction. To be consistent with the Orange County Master Plan of Arterial Highways and the City's General Plan Circulation Element, these proposed improvements require the widening of the adjacent roadway segment along Fairview Street between 9th Street and 16th Street in order to extend these proposed features north of 9 b Street. WHAT IS To enhance safety, mobility, and overall quality of life in the neighborhood, the City proposes to replace and BEING widen Fairview Street bridge crossing Santa Ana River and the adjacent roadway segment to accommodate PLANNED? the addition of a bike lane and a third lane in each direction. The new bridge will include a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised median, and lighting. POTENTIAL The City of Santa Ana (City), which is the California Environmental Quality Act (CEQA) lead agency, has ENVIRON- prepared a Draft Initial Study/Mitigated Negative Declaration (IS/MND) in accordance with the CEQA MENTAL guidelines for the proposed improvement of Fairview Street between 19`b Street to 16'b Street in the City of IMPACTS Santa Ana. The IS/MND analyzed the following environmental resource areas: air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use, noise, population and housing, transportation and traffic, and utilities and service systems. The Draft IS/MND analysis identified that the proposed project would result in minimal environmental impacts related to noise, air quality and traffic during construction. All impacts were found to be less than significant with mitigation measures incorporated. The City will assist impacted property owners to relocate pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 during the right- of-way phase. WHERE TO Due to the COVID-19 outbreak, all City municipal government buildings are closed to the public effective March REVIEW 18, 2020. As such, the Draft IS/MND and the project's PowerPoint presentation are available on the City's AND GET website at the following link: httys://www.santa-ana.org/vw/fairview-street-improvements. INFO? WHEN AND The Draft IS/MND is available for public review/comment commencing April 6, 2020. The purpose of the HOW TO public review and comment period is to afford interested parties the opportunity to provide their input on the COMMENT? adequacy of the environmental document. Comments will be accepted until 5 PM on May 6, 2020. Comments may be submitted to: Kenny Nguyen, City of Santa Ana, 20 Civic Center Plaza M-36, Santa Ana, CA 92702 Email: Fairview(asanta-ana.org CONTACT For more information about this document, please contact the Public Works Agency at (714) 647-5013 or Fairview(a,santa-ana.org. AMA I ulmp— 1 QL AVISO PUBLICO REEMPLAZO DE PUENTE Y MEJORAS DE CALLE EN LA CALLE FAIRVIEW, DE LA CALLE 9 A LA CALLE 16CIUDAD DE SANTA ANA CIUDAD DE SANTA ANA Aviso de Disponibilidad de el Esbozo sic wav iM1TESDEL 410 ROYECTO � cmc cE DESCRIPCION Para mejorar la seguridad de ciclistas y peat6ns, y reducir la congesti6n del trafico, la Ciudad de Santa Ana (Ciudad), junto con el Distrito 12 de Caltrans, propone sustituir y ensanchar el puente en la calle Fairview que atraviesa el Rio de Santa Ana en Santa Ana, California. El proyecto agregara nuevas aceras, carriles para bicicletas y on carril en cada direcci6n. Para ser coherente con el plan maestro de carreteras arteriales del condado de orange y el plan general de circulaci6n de la Ciudad, es requerido que el ensanchamiento de carretera a to largo de la calle Fairview se extienda al norte de la calle 9. ZQUE ESTA Para mejorar la seguridad, la movilidad y la calidad de vida en general en el vecindario, la Ciudad SlENDO propone reemplazar y ampliar el Puente que cruza el rio Santa Ana en la calle Fairview y propone PLANEADO? agregar on carril para bicicletas y on carril Para autom6viles en cada direcci6n. El nuevo Puente incluira rieles de barrera, aceras, carriles Para bicicletas, una mediana elevada c iluminaci6n. IMPACTOS La Ciudad de Santa Ana (Ciudad), que es la agencia principal de la Ley de Calidad Ambiental de AMBIENTALES California (CEQA, per sus siglas en ingles), ha preparado on borrador del Estudio Inicial/Declaraci6n POTENCIALES Negativa Mitigada (IS/MND, per sus siglas en ingles) de acuerdo con las pautas de CEQA para el proyecto de mejora propuesto para el puente en la calle Fairview entre la calle 19 y la calle 16 en la ciudad de Santa Ana. El IS/MND analiz6 las siguientes areas de recursos ambientales: calidad del aire, recursos culturales, geologia y suelos, emisiones de gases de efecto invemadero, peligros y materiales peligrosos, hidrologia y calidad del agua, use del suelo, ruido, poblaci6n y vivienda, transporte y trafico, servicios publicos y sistemas de servicio. Un analisis del borrador IS/MND determino que el proyecto resultaria en impactos ambientales minimos relacionados con el ruido, la calidad del aire y el trafico durante la construcci6n cuando medidas de mitigaci6n son incorporadas. La Ciudad ayudara a los propietarios afectados per el proyecto a reubicarse en conformidad con la Ley Uniforme de Asistencia de Reubicaci6n y Politicas de Adquisici6n de Bienes Inmuebles de 1970 durante la face de derecho de paso del proyecto. Se encontr6 que todos los impactos fueron menos que significativos con. ZDONDE PUEDO Debido a la situaci6n del COVID-19, los edificios del gobierno municipal estaran cerrados al publico CONSEGUIR comenzando el 18 de marzo del 2020. El esbozo del IS/MND y una presentaci6n sobre el proyecto estan INFORMACION? disponible en el sitio web de la ciudad en el eslab6n siguiente: https://www.santa-ana.org/pw/fairview-street-impigvLements. ZCUANDO Y El borrador del estudio IS/MND esta disponible para revisi6n publica/comentario a partir del 6 de abril COMO PUEDO de 2020. El prop6sito de la revisi6n publica y el periodo de comentarios es dar a la comunidad la COMENTAR? oportunidad de brindar so opini6n sobre la idoneidad del documento ambiental. Se aceptaran comentarios hasta las 5 PM del 6 de mayo de 2020. Los comentarios se pueden enviar a Kenny Nguyen, City of Santa Ana, 20 Civic Center Plaza M-36, Santa Ana, CA 92702 Email: Fairview a santa-ana.or INFORMACION Para mas informaci6n sobre el IS/MND o el proyecto, favor de contactar a la agencia de obras publica DE CONTACTO en el (714) 647-5013 o en Fairview(& santa-ana.org 75B-183 THONG BAO CHO CONG DONG ,s THAY THE CAU FAIRVIEW VA CAI THIEN MAING (WONG SO 9 DEN MAING SO 16) THANH PHO SANTA ANA Thong bao ve Ban thao Nghien dru btr&c cau/ Tuye-n bo giam tac gong tie-u cure —I ' 12 1 I °"�' i717THSTw wEsrMiNsrEaw // m l - P r , Sury9WEMAV � p �Q MYLN MBPNINGSIEEPv p ��/ �/Q JUOrtH LN ygRiNCW WASHING ONAV rank gibi h s a dir an W le IT srry, sr � �sL � r IeeL ! Z0� Weo FV CIVIC CE E TORN DIEN Thank pho Santa Ana, phoi hop vbi Bo Giao thong Van tai California Quan 12, de xuat lam mbi va m& r6ng can duang Fairview bac qua sting Santa Ana & Santa Ana, California, de c6 via he mbi, Ian duang danh cho xe dap va them Ian duang thfr ba & moi chieu nham tang an town cho nguai di b6 va nguai di xe dap va giai quyet 6c nghen giao thong. NhGng cai thien dugc de xuat nay doi h6i phai m& r6ng doan duang lien U doe theo Duang Fairview giaa Duang so 9 va Duang so 16 nham m& Ong them cac phan duac de xuat nay a phia Bac Duang so 9 de phu hop vbi Quy hoach Duang cao toc cua Quan Cam va phan luu harsh cua Ke hoach tong the cua Thanh pho. KE HOAC Thanh pho Santa Ana (Thanh pho), la ca quan phu trach Dao luat Chat luong M6i truang California (CEQA), Dvoc LEN 6 chuan bi Ban thao Nghien efru bu&c dau/Tuyen bo giam be do"ng tieu ctre (IS/MND) theo hubng dan cua RA SAO? CEQA de cai thien de xuat Duang Fairview to duang so 19 den duang so 16 tai thanh pho Santa Ana. Nham tang cuang an Wan, di chuyen va pham chat cu6c song trong khu pho, Thanh pho de xuat thay the va m& r6ng cau Duang Fairview qua song Santa Ana va doan duang lien U de phu hop vbi viec them Ian duang cho xe dap va Ian thu ba &moi chieu. Cay cau mbi se bao gom m6t san cau hoan chink vbi thank chan, loi di b6, Ian duang danh cho xe dap, dai Phan each duge nang len va dien chieu sang. TAC BONG IS/MND da Phan tich cac linh vtrc tai nguyen mbi truang sau: pham chat kh6ng khi, tai nguyen van h6a, dia MOI chat va dat, khi thai nha kinh, cac moi nguy hiem va vat lieu nguy hiem, thuy van va pham chat nubc, su TRVONG dung dat, tieng on, dan eu va nha 6, giao thong va van chuyen, va cac he thong dich vu va tien ich. Phan tich CO THE CO Du thao IS/MND xac dinh rang dtr an dugc de xuat se dan den cac be do"ng mbi truang toi thieu lien quan den tie2ng on, pham chat kh6ng khi va giao th6ng trong qua trinh xay cat. Thanh pho se ho tra cac chu s& hi u bi san bi anh hubng di dai theo Dao luat Thong nhat ve cac Chinh sach Ho tra Tai dinh cu va Mua lai Bat do"ng san nam 1970 trong giai doan thtre hien. Tat ca cac be do"ng dugc danh gia la rat itv&i cac bien phap giam thieu duac ket hop. XEM VA Do str bung phat cua COVID-19, tat ca cac t6a nha chinh quyen Thank pho deu d6ng cua kh6ng tiep dan U tI[r ngay NHAN 18 thang 3 nam 2020. Dir thao IS/NI ND va ban trinh bay poweipoint cua dtr an chi c6 tren trang web cua Thanh pho THONG TIN trenlienketsau:httvs://www.santa-ana.or¢/yw/fairview-street-improvements. O DAU? BINH LUAN Ban thao IS/NIND se duac cling khai cho cling dong xem lai/binh luan ke tir ngay 6 thang Tu, 2020. Muc NHU THE dich cua giai doan xem x6t va binh luan cling khai la de cho cac ben quan tam c6 ca h6i phat bie-u y kie-n cua NAO VA minh ve tinh th6a dang cua tai lieu mbi truang. Chung t6i se nhan binh luan cho den 5 gia chieu ngay 6 thang VAO KHI Nam, 2020. Quy vi c6 the g&i binh luan den: NAO? Kenny Nguyen, City of Santa Ana, 20 Civic Center Plaza M-36, Santa Ana, CA 92702 Email: Fairview ,santa-ana.or¢ LIEN LAC De bid them th6ng tin ve tai lieu nay, hay lien he Ca quan Cling chanh qua (714) 647-5013 hay Fairview(a),santa-ana. or¢ 9 Wv ■vim NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA PPOREGT SANTA ANAL CALIFOPHIA APPENDIX F COMMENT LETTERS RECEIVED R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7,6tE3m18 5 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 7 5 BlR4UD\Final ISMND\Fairview Street Bridge Final ISMND.d.C. (05/26/20) Comment Letter L1 May 5, 2020 Kenny Nguyen City of Santa Ana Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 C�C Public Works NCL-20-0001 Subject: Fairview Bridge Replacement and Street Improvements (9th Street to 16s' Street) Dear Kenny Nguyen, Thank you for the opportunity to comment on the Notice of Availability of Draft Initial Study/Mitigated Negative Declaration for the Fairview Bridge Replacement and Street Improvements. The County of Orange offers the following comments for your consideration. OC Flood Programs/Floodplain Management & Hydrology Section r. All work, within or adjacent to any Orange County Flood Control District (OCFCD) right-of-way for flood control facilities, shall be conducted so as not to adversely impact a channel's conveyance, capacity, structural integrity, hydraulic flow conditions, access and maintainability. L-1-2 Furthermore, all proposed projects within OCFCD's right-of-way should be reviewed and approved by OC Public Works, and the work should be conducted only after an encroachment permit has been obtained. For information regarding the permit application process and other details, please refer to the Encroachment Permits Section link on OC Public Works' website http://www.ocpubheworks.com/ds/permits/encroachmentLpermits. 2. It is acknowledged that the Draft Initial Study/Mitigated Negative Declaration provided a River Hydraulics Analysis as an appendix. However, the provided information was not detailed enough to confirm that the proposed project has minimal affects to the Santa Ana River. Detailed technical reviews and approvals for the proposed work will be accomplished within tu- L-1-3 permit process described above. In addition, all hydrologic and hydraulic studies must conform to the current guidelines and criteria as specified in the Orange County Hydrology Manual LV aSar,i,i 75B-187 Comment Letter L1 cunt. G R A - E 11 Public W®rks (OCHM), Addendum No.1 to the OCHM, and the Orange County Flood Control Design Manual. L-1-3 Submitted reports should contain the necessary calculations and supporting files, computer models, exhibits, maps, tables, and any other information necessary to enable a complete Cont. review. 3. Please revise Section 1.o Project Information, Item #10 (page 1-13), to read: "United States Army Corps of Engineers (USACE): Compliance with the Nationwide Permit L-1-4 Program Under Section 404 Clean Water Act and Section 408 (Section 14 of the Rivers and Harbors Act of 1899,33 USC 408)." If you have any questions regarding these comments, please contact Alison Camara at (714) 647-3961 in OC Flood Programs or Steven Giang at (714) 667-8816 in OC Development Services. L-1-5 OC Public Works Service Area/OC Development Services 6or North Ross Street Santa Ana, California 92701 Richard.Vuongnocpw.oc og v.com cc: Alison Camara, OC Flood Programs/Floodplain Management & Hydrology a `Zy f9tfFOR��P 75B-188 Comment Letter U1 From: GUZMAN, MARIA <mgl371@att.com> Sent: Thursday, May 7, 2020 9:21 AM To: Fairview Cc: TCGLosAngelesUtilityCon Subject: FW: Fairview Bridge Replacement - Santa Ana Attachments: Scan_0028.pdf This response is for "AT&T—TCA" only. Name change from TCG (Teleport Communications Group) to TCA (Teleport� U-1-1 Communications America, LLC) - Effective date of the merger is January 1, 2013 There are no aerial or underground fiber facilities owned by AT&T-TCA within the project location. —1 U-1-2 c Z a '^ Nlestmin5 ter Ave W 17111 t s 1 We D W 161h St 3 W 15th $� 1 o H 1 I Santa W14th st ; a� Ana ' 1 ludi[h i•7 1 W Martha In O CONFL117 W Washlriya & 6s cm y W 12th St Z y .a 2- W 11th st a f W loth S[ W 9th St s v W 9th St — d c = w 2 Alco Ave Civic Center Or V, Thank you, Maria Guzman Utility Information Contact - LA, SF/Bay Area and Oregon 75B-189 "This e-mail and any files transmitted with it are AT&T property, are confidential, and are intended solely for the use of the individual or entity to whom this e-mail is addressed. if you are not one of the named recipient(s) or otherwise have reason to believe that you have received this message in error, please notify the sender and delete this message immediately from your computer. Any other uses, retention, dissemination, forwarding, printing, or copying of this email is strictly prohibited. " From: KERWIN, DAYLA <dk8759@att.com> Sent: Wednesday, May 6, 2020 3:01 PM To: GUZMAN, MARIA <mg1371@att.com> Subject: Fairview Bridge Replacement -Santa Ana Maria, There is a cd that came with this too if you need it. Thanks, Dayla Comment Letter U1 cunt. 75B-190 From: Luciano Rodriguez <chanorodrig@gmail.com> Sent: Wednesday, May 6, 2020 1:14 PM To: Ly, Mindy; Fairview Subject: Re: Fairview Bridge and Street Improvements Dear Kenny and Ly, I am glad that congestion will be lessen from the Fairview Street Improvements project. I only have one concern that I have mentioned in other meets in regards to the exit of West 9th St. During congestion, one cannot exist appropriately for two reasons: 1) When existing 9th St (East direction) by making a right turn (South Fairview), traffic is not friendly to give one a chance to make the turn. 2) When existing 9th St and making a left turn (North Fairview), again traffic is not friendly. Furthermore, during non congestion hours, making a left turn is difficult due to the hidden curve, and of course, one can make a right turn and make a U- Turn on the light of Civic Center and Fairview. Is there something that the city can do to alleviate the issue, now that there will be construction very close by? Perhaps, placing a street light to allow residents of 9th St to exist and enter safely? Or removing the center divider and allowing people making a left turn to be in the middle lane to merge? Or at least place the wording on the pavement "Keep Clear"? Thank you for your time and looking at the neighbored concerns, Luciano Rodriguez, Ph.D. E-mail: chanorodria(aomail.com "Go confidently in the direction of your dreams. Live the life you have imagined" -Henry David Thoreau On May 5, 2020, at 5:50 PM, Ly, Mindy <MLyykSanta-ana.org> wrote: Dear Sender: Thank you for taking time out of your busy schedule to provide comments to the City of Santa Ana via email at Fairview@santa-ana.org regarding the Draft Initial Study/ Mitigated Negative Declaration (IS/MND) for Fairview Bridge Replacement and Street Improvements project. There has been a glitch with this email address, but the good thing is that the issues have been sorted out now and staff has verified this email address's capability to receive all external emails. We apologize for any inconvenience this issue may have caused. You can rest assured that we are doing everything to not let this happen again. Again, the City of Santa Ana appreciates your comments for the overall success of this project. Please resend your email/comments, so they can be incorporated into the IS/MND by 5 PM on Mav 12, 2020. Respectfully, Mindy Ly I Associate Engineer Public Works Agency 1 20 Civic Center Plaza I Santa Ana, CA 92701 714-647-5665 1 mly@santa-ana.org <image001.png> <image002.png> http:Z/www.santa-ana.org/ Comment Letter 11 75B-191 NT MENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEW BPIOGE REVLACEM STREET STREET BEET) PROJECT L S A MAY 2020 (9Tx STPEET To ANTx NA, CA PPOREGT SANTA ANAL CALIFOPHIA APPENDIX G RESPONSE TO COMMENTS R:\WKE1702\ISMND\Fina1 ISMND\Fairview Street Bridge Final ISMN7,6tE3m19 2 L S A FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET( PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SANTA ANAL CALIFORNIA MAY 2020 This page intentionally left blank 75B4S3D\Final ISMND\Fairview Street Bridge Final ISMND.d.C.(05/26/20) RESPONSE TO COMMENTS FAIRVIEW BRIDGE REVLACEMENTAND STREET IMPROVEMENTS MAY 2020 (9TN STREET TO 16TH STREET) PROJECT CITY OF SANTA ANAL CALI FORNIA LSA RESPONSE TO COMMENTS INTRODUCTION The purpose of this section is to present public comments and responses to comments received on the Initial Study/Mitigated Negative Declaration (IS/MND) for the Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project (proposed Project). The IS/MND was released for public review and comment by the City of Santa Ana (City) on April 6, 2020. As required by the California Environmental Quality Act (CEQA) Guidelines Section 15073, a Notice of Availability (NOA) of the Public Review Draft IS/MND was sent to responsible agencies and trustee agencies in addition to various public agencies, citizen groups, and interested individuals concerned with the proposed Project. In addition, the NOA was filed with the Orange County Clerk on April 6, 2020 and with the State Clearinghouse on April 7, 2020. The NOA was also mailed to residents within 500 feet of the Project limits, several agencies, elected officials, utility companies, neighborhood associations, and interested parties. In addition, the NOA was prepared in three languages, including English, Spanish, and Vietnamese. The NOA is included in Appendix E of the I S/MND. The IS/MND was circulated for public review for a period of 36 days, from April 6, 2020, to May 12, 2020. Due to the COVID-19 outbreak, all City municipal government buildings were closed to the public during the public review period. As such, the Public Review Draft IS/MND and the Project's PowerPoint presentation were available on the City's website. Three comment letters were received during the public review period. Comments were received from OC Public Works, AT&T Transmission TCA, and interested parties. The comment letters are included in Appendix F of the I S/MND. The City, as the Lead Agency, is required to consider agency and public comments on a mitigated negative declaration. Although preparation of written responses to comments received on an IS/MND is not required by CEQA, responses have been prepared. This document includes responses to all environmental issues raised in comments received on the IS/MND. Comments submitted on the IS/MND included questions about conclusions identified in the IS/MND, methods used to prepare the technical analyses and findings, and comments about community and regional issues. When comments did not address the completeness or adequacy of the environmental documentation or when they did not raise environmental issues, the receipt of the comment was noted and no further response is provided. Responses to each of the comment letters are provided on the following pages. The comment index numbers are provided in the upper right corner of each comment letter, and individual points within each letter are numbered along the right-hand margin of each letter. The City's responses to each comment letter are in Table A.1 and are referenced by index numbers in the left-hand column. 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