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HomeMy WebLinkAboutAgenda Packet_2022-12-20City Council Meeting Packet December 20, 2022 SPECIAL CLOSED SESSION MEETING - 4:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Benjamin Vazquez Councilmember - Ward 2 Phil Bacerra Mayor Pro Tem - Ward 4 David Penaloza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge Norma Orozco City Attorney City Manager Assistant Clerk of the Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, iscontact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. City Council 1 12/20/2022 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency City Council 2 12/20/2022 Members of the public may attend the City Council meeting in -person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(a)santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 4:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live comments on closed session items by joining Zoom or the Conference Call as described in City Council 3 12/20/2022 the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:00 p.m. Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball <!!>) or download a pdf (the cloud symbol with the down arrow ). City Council 4 12/20/2022 SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council ROLL CALL Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho PUBLIC COMMENTS — Members of the public may address the City Council on Special Closed Session items. 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: CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. 1. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Service Employees' International Union (SEIU) Full -Time Employees • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) City Council 5 12/20/2022 RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. RECONVENE — City Council will reconvene to continue regular City business. City Council 6 12/20/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE WORDS OF INSPIRATION Mayor Amezcua Bob Barnett, Police Chaplain CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Pro Tern Lopez to Benjie's Deli for Outstanding Contributions to the Local Economy. 2. Certificates of Recognition presented by Councilmember Bacerra to Santa Ana College Student Athletes for their Outstanding Sportsmanship. 3. Proclamation presented by Councilmember Hernandez declaring December 26, 2022 as Boxing Day. 4. Certificate of Recognition presented by Councilmember Penaloza, Mayor Amezcua and Councilmember Bacerra to Maricarmen Reyes for her Outstanding Athletic Accomplishments. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 37. 5. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 6. Minutes from the Special Closed Session, Regular Session, Housing Authority, and Special Successor Agency, Meeting for September 06, 2022 Department(s): Clerk of the Council Recommended Action: Approve minutes 7. Adopt Ordinance No. NS-XXXX — AN ORDINANCE OF THE CITY COUNCIL OF THE City Council 7 12/20/2022 CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE First reading at the December 6, 2022 City Council meeting and approved by a vote of 5-0-2 (Bacerra and Hernandez absent). Published in the Orange County Reporter on December 9, 2022. Department(s): Planning and Building Agency Recommended Action: Place ordinance on second reading and adopt. 8. Adopt Ordinance No. NS-XXXX — ZONING ORDINANCE AMENDMENT NO. 2022-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-130, 41-522 AND 41-1341 OF, AND ADDING SECTION 41-130.5 AND ARTICLE XXI (OUTDOOR DINING ON PRIVATE PROPERTY) TO, CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING REGULATIONS RELATING TO THE PLACEMENT, DEVELOPMENT, AND OPERATION OF OUTDOOR DINING ON PRIVATE PROPERTY First reading at the December 6, 2022 City Council meeting and approved by a vote of 6-0-1 (Hernandez absent). Published in the Orange County Reporter on December 9, 2022. Department(s): Planning and Building Agency Recommended Action: Place ordinance on second reading and adopt. 9. Adopt Ordinance No. NS-XXXX — ZONING ORDINANCE AMENDMENT NO. 2022-05 —AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 41-121 OF, AND ADDING ARTICLE XXII (MOBILE FOOD TRUCKS ON PRIVATE PROPERTY) TO, CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING REGULATIONS RELATING TO THE OPERATION OF MOBILE FOOD TRUCKS ON PRIVATE PROPERTY First reading at the December 6, 2022 City Council meeting and approved by a vote of 6-0-1 (Hernandez absent). Published in the Orange County Reporter on December 9, 2022. Department(s): Planning and Building Agency Recommended Action: Place ordinance on second reading and adopt. 10. Receive and file Quarterly Report of Contracts up to $50,000 for Non -Public Works City Council 8 12/20/2022 and up to $250,000 for Public Works authorized by the City Manager as permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between July 1, 2022 to September 30, 2022, valued at up to $50,000 for non-public works contracts and agreements and up to $250,000 for public works contracts and agreements. 11. Budget Calendar for Fiscal Year 2023-2024 Department(s): Finance and Management Services Recommended Action: Approve the Budget Calendar for Fiscal Year 2023-2024 12. Approve the Annual Calendar of Regular City Council Meetings for 2023 Department(s): Clerk of the Council Office Recommended Action: 1. Review calendar of regularly scheduled City Council meetings in 2023. 2. Cancel the regularly scheduled City Council meeting for January 3, 2023 and July 4, 2023. 3. Direct staff to post Notice of Cancelation(s). The City Council hereby waives notice of said meetings as required by the government code. 13. Approve an Agreement and Appropriation Adjustment Recognizing Grant Revenue in an amount not to exceed $9,329,973 for the California State Library Building Forward Library Infrastructure Grant Program Department(s): Library Recommended Action: 1. Authorize the Library Services Director to execute a Grant Agreement via DocuSign, accepting grant funds in the amount of $9,329,973 for the Building Forward Library Infrastructure Grant Program, beginning upon execution and ending March 31, 2026, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Approve an appropriation adjustment to recognize $9,329,973 in grant revenue from the California State Library and appropriate $9,329,973 into the appropriate expenditure accounts to implement the program. (Requires five affirmative votes) 14. Approve an Appropriation Adjustment and Additional Contingency Funds for Existing Contracts for the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (Project 17-6880) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a budget reallocation of $150,000 in unspent City Council 9 12/20/2022 Measure M2 Fairshare funds to the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (Project No. 17-6880) from Project Development FY 22/23 (No. 23- 6899). 2. Authorize a budget reallocation of $200,000 in unspent Measure M2 Fairshare funds to the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (Project No. 17-6880) from Right of Way Management FY 22/23 (No. 23-6900). 3. Approve an appropriation adjustment to recognize $400,000 from Orange County Transportation Authority OC Streetcar Funding in the Select Street Construction, Expense Reimbursement revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account (Requires five affirmative votes). 4. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $750,000 in construction funds for the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (Project No. 17-6880). 15. Approve a Budget Reallocation and Award a Construction Contract to Big Ben, Inc., in the Amount of $3,163,400 for the Willard Neighborhood Water and Sewer Main Improvements Projects, with an Estimated Project Delivery Cost of $4,112,420 (Project Nos. 23-6454 & 16-6466) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,163,400 for construction of the Willard Neighborhood Water and Sewer Main Improvements Project, for the term beginning December 6, 2022, 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. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,112,420, which includes $3,163,400 for the construction contract; $474,510 for contract administration, inspection and testing; and a $474,510 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $984,841 in construction funds for the Willard Neighborhood Sewer Main Improvements Project. 16. Approve Appropriation Adjustment and Amend Agreements with OPAL Fuels Station Services, LLC. for the Design, Construction and Maintenance of a Renewable Natural Gas Fueling Station (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing fund balance of $1,138,300 in the Air Quality Improvement Fund (AB 2766), Prior Year Carryforward revenue account, and appropriating the same amount into the Air Quality City Council 10 12/20/2022 Improvement (AB2766) and Fleet Services- Air Quality Improvement expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute an amendment to the Design and Build Agreement with OPAL Fuels Station Services, LLC. (formerly TruStar Energy, LLC.) to provide services for Phase I —Design and Phase II —Equipment Procurement and Construction of a new compressed natural gas (CNG) fueling station at the City Corporate Yard, in amount not to exceed $4,972,151, for an amended term to begin December 20, 2022, and expire upon City's acceptance of project, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 3. Authorize the City Manager to execute an amendment to the Service Agreement with OPAL Fuels Station Services, LLC. (formerly TruStar Energy, LLC) to provide services to maintain the CNG fueling station at the City Corporate Yard, in an amount not to exceed $595,129, for a five-year term to begin upon City's acceptance of project, with one five-year renewal option, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 4. Authorize the City Manager to execute an amendment to the Environmental Attribute Agreement with OPAL Fuels Station Services, LLC. (formerly TruStar Energy, LLC) for a term beginning January 1, 2023 and expiring September 30, 2032, with provisions for annual renewals, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 17. Award a Construction Contract to EverLevel Holdings, LLC. in the Amount of $4,482,892 for the First Street Slope Stabilization FY 2021-22 Project with an Estimated Construction Delivery Cost of $5,600,000 (Project No. 22-1341) (Non - General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Reject all bids received on February 15, 2022, for construction of the First Street Slope Stabilization Project, due to changes in the scope of work. 2. Reject all bids received on April 5, 2022, for construction of the First Street Slope Stabilization Project, due to changes in the project specifications. 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $5,600,000 of American Rescue Plan Act (ARPA) funds for the First Street Slope Stabilization Project (22-1341). 4. Award a construction contract to EverLevel Holdings, LLC., the lowest responsible bidder, in accordance with the base bid in the amount of $4,482,892, for construction of the First Street Slope Stabilization Project, for the term beginning December 6, 2022 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 Cost Analysis for a total estimated construction delivery cost City Council 11 12/20/2022 of $5,600,000, which includes $4,482,892 for the construction contract, $667,108 for contract administration, inspection and testing, and a $450,000 project contingency for unanticipated or unforeseen work. 18. Award a Construction Contract to Palp, Inc. DBA Excel Paving Company in the Amount of $5,558,420 for the Safe Routes to School Davis Elementary Access Compliance Project with an Estimated Total Delivery Cost of $6,948,025 (Project Nos. 19-6951 and 22-1404) (Non -General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $2,114,025 of funding in American Rescue Plan Funds for the Safe Routes to School Davis Elementary Access Compliance project. 2. Award a construction contract to Palp, Inc. DBA Excel Paving Company, the lowest responsible and responsive bidder, in accordance with the base bid in the amount of $5,558,420, for construction of the Safe Routes to School Davis Elementary Access Compliance Project, for a term beginning December 20, 2022 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. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,948,025, which includes $5,558,420 for the construction contract, $833,000 for contract administration, inspection and testing, and a $556,605 project contingency for unanticipated or unforeseen work. 19. Increase the Contract Amount by $90,000 for an Existing Construction Contract with Build Spectrum, Inc., and $10,000 for Additional Construction Engineering for a Revised Estimated Project Delivery Cost of $1,740,000 for the Campesino Park, Memorial Park, and Madison Park Restrooms ( Project Nos. 21-7533, 21-7534, 21- 7535) (Non -General Fund and Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Project Cost Analysis to reflect the new amount of $10,000 for contract administration, inspection and testing, and a $90,000 project contingency for vandalized work repairs or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program in the amount of $100,000, which includes $10,000 in construction engineering funds and $90,000 for construction contingency funds for the Campesino Park, Memorial Park, and Madison Park Restroom Project. 20. Award a Purchase Order to Select Equipment Sales in the Amount of $145,953 for Three Hyundai Hydraulic Forklifts for Public Works Agency Store & Property Control (Specification No. 22-158) (General Fund) City Council 12 12/20/2022 Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Select Equipment Sales for the purchase of three Hyundai Hydraulic Forklifts, in the amount of $135,953, plus a contingency of $10,000, for a total amount not to exceed $145,953, subject to non -substantive changes approved by the City Manager and City Attorney. 21. Amend the Agreement with West Coast Arborists, Inc., for Tree Maintenance Services, Increasing the Annual Amount by $280,000 for the Remaining Term of the Agreement and Exercise First Renewal Option (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with West Coast Arborists, Inc. (WCA), for tree maintenance services, increasing the annual amount by $280,000, for a total amount not to exceed $2,444,100 with six one-year renewal options exercisable by the City Manager, for a total agreement amount not to exceed $18,050,750, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). 22. Amend the Agreement with Superior Property Services, Inc. To Increase The Total Agreement Amount by $700,000 (Project No. 22-1402) Not to Exceed $1,966,568 for Hardscape Pavement Cleaning and Infectious Waste Removal Services for the Remaining Term of the Agreement (General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Superior Property Services, Inc. to increase the total compensation amount by $700,000 for a total agreement amount not to exceed $1,966,568, for the remainder of the agreement term expiring June 30, 2026, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 23. Approve an Agreement with AAA Oil, Inc. for Fuel Delivery and Supply Services (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with AAA Oil, Inc. for fuel delivery and supply services in an annual amount not to exceed $1,300,000 and total amount not to exceed $6,500,000, for a three-year term beginning December 20, 2022 and expiring December 19, 2025, with an option for one two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 24. Approve an Agreement with Guidehouse Inc. for American Rescue Plan Act (ARPA) City Council 13 12/20/2022 Compliance Consulting Services (Revive Santa Ana Program) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Guidehouse Inc. for ARPA Consulting Services for a two-year term, beginning December 20, 2022 through December 19, 2024 with a provision for two one-year renewals exercisable by the City Manager, for a total aggregate amount not to exceed $400,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 25. Approve an Agreement with Questica Software Ltd. in an Amount not to Exceed $231,804 for Maintenance and Support of Citywide Budget Management Software (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Questica, Inc. for the maintenance and support of Citywide Budget Management Software for a three-year term beginning January 16, 2023 through January 15, 2026, for an amount not to exceed $231,804 subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 26. Approve an Additional Agreement with Global Payments Direct, Inc. DBA OpenEdge, to Amend the Card Services Terms & Conditions For Government Entities, Incorporated Within the Prior Agreement Entered into with Global Payments Direct, Inc. DBA Total System Services Inc. (also known as TSYS Merchant Solutions) for Debit/Credit Card Merchant Payment Processing Services and Support and Maintenance in the Amount not to Exceed $1,898,400, which Includes a General Contingency of $242,400 Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute a first amendment to agreement with Global Payments Direct, Inc. DBA OpenEdge/TSYS Merchant Solutions for debit/credit card payment processing services, including support and maintenance in an amount not to exceed $1,898,400; which includes a general contingency of $242,400 over the maximum seven-year life of the agreement. The first amendment to agreement includes a base term commencing from December 20, 2022 and expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively ending December 31, 2029 (Agreement No. 2022- XXX). 27. Approve Second Amendment to the Agreement with Aramark Correctional Services, LLC (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the second City Council 14 12/20/2022 amendment to the agreement with Aramark Correctional Services, LLC to provide inmate food service and commissary management in an additional amount of $896,152, including a 12.40-percent Consumer Price Index increase adjustment, for a total aggregate amount not to exceed $4,478,718 for the agreement term ending on June 30, 2023, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 28. Amendment to Agreement with Stage Plus, Inc. for Stage Rental Services to Increase the Annual Not to Exceed Amount by $92,000 per Year through March 31, 2025, for a Total Annual Agreement Amount of $250,000 and $750,000 (Various Funds) for the Term of the Agreement Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement amendment with Stage Plus, Inc. for stage rental services at City events to increase the annual amount by $92,000 per year for an annual amount not to exceed $250,000 through March 31, 2025 and new total agreement amount of $750,000, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 29. The Planning and Building Agency/Code Enforcement and City Attorney's Office are Seeking Authorization to File Receivership Petitions and Prosecute Nuisance Abatement Actions against Owners of Real Properties Located in the City of Santa Ana Department(s): Planning and Building Agency Recommended Action: Authorize the filing and prosecution of receivership petitions against owners of the following properties based on nuisance conditions resulting from health and safety violations of the Santa Ana Municipal Code (SAMC): • 2405 S Maple Street, Santa Ana, CA 92707 • 1615 N Broadway, Santa Ana, CA 92706 • 1001 Freeman Street, Santa Ana, CA 92703 • 1502 N Flower Street, Santa Ana, CA 92706 • 1516 N Flower Street, Santa Ana, CA 92706 • 1522 N Flower Street, Santa Ana, CA 92706 • 1114 W Berkeley Street, Santa Ana, CA 92707 • 1027 N Logan Street, Santa Ana, CA 92701 • 1655-1659 E First Street, Santa Ana, CA 92701 30. Adopt a Resolution Approving a Reduced Home Occupation Permit Fee for Home - Based Businesses/Home Occupations Operating from Residential Premises within the City Department(s): Finance and Management Services Recommended Action: Resolution No. 2022-XXX — Adopt a resolution approving a City Council 15 12/20/2022 reduced Home Occupation Permit Fee for businesses operating from residential premises within the city, lowering the permit fee from $320.00 per permit to $50.32 per permit. 31. Adopt a Resolution Amending the City's Basic Classification and Compensation Plan in Response to the State's Increased Minimum Wage Rate Department(s): Human Resources Recommended Action: Resolution No. 2022-XXX — Adopt a resolution amending and reestablishing the City's Basic Classification and Compensation Plan to ensure the City complies with the new California minimum wage rate. 32. Adopt a Resolution adopting the One Water One Watershed Plan Update 2018 and authorizing the submittal of grant applications for the New Washington Well Project and the Santa Ana Zoo Stormwater Capture and Diversion Project (Non -General Fund) Department(s): Public Works Agency Recommended Action: Resolution No. 2022-XXX — Adopt a Resolution adopting the One Water One Watershed Plan Update 2018, the Integrated Regional Water Management (IRWM) Plan for the Santa Ana River Watershed, and authorizing the Santa Ana Watershed Project Authority to submit Proposition 1 IRWM grant applications on behalf of the City of Santa Ana for the New Washington Well Project and the Santa Ana Zoo Stormwater Capture and Diversion Project. 33. Adopt Resolution Authorizing Grant Applications for the Fiscal Year 2023-2024 Measure M2 Comprehensive Transportation Funding Program (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Resolution No. 2022-XXX — Adopt Resolution Authorizing the City of Santa Ana to submit applications for funding consideration under the Measure M2 Comprehensive Transportation Funding Program 2023 Call for Projects. 2. Direct staff to incorporate approved Comprehensive Transportation Funding Program projects into the Seven -Year Capital Improvement Program for Fiscal Year 2023-24. 34. Resolution to Adopt and Approve for Submission of the Fiscal Year 2021-22 Measure M2 Year -End Expenditure Report and Adopt the Measure M2 Seven Year CIP Department(s): Public Works Agency Recommended Action: 1. Resolution No. 2022-XXX — Adopt a Resolution approving the Measure M2 Annual Expenditure Report for Fiscal Year 2020-21, and authorize submission of the report to the Orange County Transportation Authority, as required by Measure M2 Funding Eligibility Guidelines. City Council 16 12/20/2022 2. Update the Measure M2 Seven Year CIP for Fiscal Years 2021-2022 through 2027- 2028. 35. Adopt a Resolution of Intent to Vacate a Portion of Edendale Court behind 1222 and 1226 South Birch Street, Abandonment 22-01 Department(s): Public Works Agency Recommended Action: Resolution No. 2022-XXX — Adopt a resolution which declares the City's intent to vacate a portion of Edendale Court behind 1222 and 1226 South Birch Street, and which sets a public hearing for January 17, 2023. 36. Adopt Resolution of Intention to Disestablish the Downtown Santa Ana Business Improvement District Department(s): Community Development Agency Recommended Action: Resolution No. 2022-XXX — Adopt a resolution of intention to disestablish the Downtown Santa Ana Business Improvement District and establish a time and place for a public hearing to be held by the City Council on January 17, 2023. 37. Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2022-XXX — Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 38. Biennial Review and Appointment of Regional Board Representatives Department(s): Clerk of the Council Office Recommended Action: 1. Review the regional board appointment list and appoint members and alternates to serve as representatives to various outside agencies through December 2024 (or specific term where noted). 2. Resolution No. 2022-XXX — Adopt a resolution designating and appointing a representative to the Orange County Fire Authority's Board of Directors, if necessary; and, City Council 17 12/20/2022 3. Direct the Clerk of the Council to update and post the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) on the City's website. 39. Zoning Ordinance Amendment No. 2022-07 — An Urgency Ordinance of the City Council of the City of Santa Ana Amending Various Sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Related to Noxious Uses, Medical Offices Operated by Government, Government -Subsidized, Not -for -Profit, or Philanthropic Entities, Electric Fences, and Various Use Definitions Department(s): Planning and Building Agency Recommended Action: NS-XXXX — Approve Zoning Ordinance Amendment No. 2022-07 and adopt the Urgency Ordinance by two-thirds (2/3) vote to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). (Requires five affirmative votes) 40. Increase Transparency with City Labor Negotiations Department(s): Human Resources Recommended Action: Accept informational report and provide direction to staff. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 41. Amendment Application No. 2022-01 to Change the Zoning District From Professional to Light Industrial and Appeal Nos. 2022-01 and 2022-02 Appealing Planning Commission Approval of Conditional Use Permit No. 2022-14 to Permit the Establishment of Distribution Uses within an Industrial Building to be Constructed at 1700-1740 E. Garry Avenue Legal notice published in the Orange County Reporter on December 9, 2022 and notices mailed on December 8, 2022. Department(s): Planning and Building Agency Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution denying Appeal Application Nos. 2022-01 and 2022-02 and upholding the determination of the Planning Commission to approve Conditional Use Permit No. 2022-14 as conditioned, and 2. Place ordinance on first reading approving Amendment Application No. 2022-01 42. Conduct a TEFRA Hearing for the First Point Apartments I and Accept a Resolution City Council 18 12/20/2022 Approving the Issuance by the California Municipal Finance Authority of Exempt Facility Bonds for a Qualified Residential Rental Project Legal Notice published in the Orange County Reporter on December 9, 2022. Department(s): Community Development Agency Recommended Action: 1. Conduct a Tax Equity and Financial Responsibility Act Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority (the "CMFA") on behalf of the Santa Ana Pacific Associates, L.P. to finance or refinance the acquisition, construction, improvement and equipping of First Point Apartments I, a multifamily rental housing project located at 2114 E. 1 st Street, Santa Ana, California (the "Project"). 2. Resolution No. 2022-XXX — Adopt a resolution approving the issuance of revenue bonds by the CMFA in an amount not to exceed $123,000,000 for the purpose of financing the Project. 43. Conduct a TEFRA Hearing for the First Point Apartments II and Accept a Resolution Approving the Issuance by the California Municipal Finance Authority of Exempt Facility Bonds for a Qualified Residential Rental Project Legal Notice published in the Orange County Reporter on December 9, 2022. Department(s): Community Development Agency Recommended Action: 1. Conduct a Tax Equity and Financial Responsibility Act Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority (the "CMFA") on behalf of the Santa Ana Pacific Associates II, L.P. to finance or refinance the acquisition, construction, improvement and equipping of First Point Apartments II, a multifamily rental housing project located at 2110 E. 1 st Street, Santa Ana, California (the "Project"). 2. Resolution No. 2022-XXX — Adopt a resolution approving the issuance of revenue bonds by the CMFA in an amount not to exceed $90,000,000 for the purpose of financing the Project. 44. Implementation of the City's Last, Best and Final Offer Dated September 8, 2022 Department(s): Human Resources Recommended Action: As authorized by Government Code section 3505.7, the recommended action of the City Council is to implement the City's last, best and final offer dated September 8, 2022. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for City Council 19 12/20/2022 members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT — Adjourn the City Council meeting. Future Items 1. Sanitation Fee — Work Study Session City Council 20 12/20/2022 DRAFT Minutes of the Regular Meeting of the City Council, Special Closed Session, Housing Authority and Special Successor Agency City of Santa Ana, California September 06, 2022 SPECIAL CLOSED SESSION MEETING - 4:00 pm REGULAR OPEN MEETING - 5:45 pm (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho MINUTES: Mayor Sarmiento called the Special Closed Session meeting to order at 4.07 p.m. City Council 61— 1 12fR6/2022 ROLL CALL MINUTES: Roll call was conducted all members were present. 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 - THREAT OF POTENTIAL LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One Claim A. Claim number 20-151093, Thien Au, et al 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Santa Ana Police Management Association (PMA) • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part -Time Non -Civil Service Employees • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: City Attorney and City Manager 4. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Special Closed Session. City Council 62— 2 12fR6/2022 RECESS - City Council will recess to Special Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Sarmiento recessed this portion of the meeting to consider items listed on the Special Closed Session at 4:08 p.m. RECONVENE - City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open meeting to order at 6:27 p.m. ROLL CALL MINUTES: Interim Assistant Clerk of the Council Norma Orozco conducted roll call, all councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Councilmember Mendoza led the Pledge of Allegiance. WORDS OF INSPIRATION CEREMONIAL PRESENTATIONS Pastor Guillermo Gonzalez Certificate of Recognition presented by Mayor Sarmiento to OC Pride for Outstanding Contributions to the Community. 2. Proclamation presented by Councilmember Hernandez declaring September 6, 2022 as Pancreas Divisum Awareness Day. 3. Certificate of Recognition presented by Councilmember Lopez to Ugochi Nicholson for Outstanding Contributions to the Community. 4. Proclamation presented by Councilmember Mendoza and Mayor Sarmiento declaring September 2022 as Hunger Action Month. 5. Proclamation presented by Councilmember Phan declaring September 10, 2022 as Mid -Autumn Festival Day. 6. Proclamation presented by Councilmember Penaloza declaring September 15 through City Council 63- 3 12fR6/2022 October 15 as National Hispanic Heritage Month. STAFF PRESENTATIONS 7. COVID-19 Update in the Community MINUTES: City Manager Kristine Ridge provided a brief presentation. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Councilmember Phan provided her comments before the consideration of the consent calendar. She noted that as a director of the Metropolitan Water District of Southern California Board she would like to invite all eligible Santa Ana residents to apply to attend a free trip to tour the California Water System, including the Orville Dam. Interim Assistant Clerk of the Council Norma Orozco reported out on the correspondence received. Kathy Scott spoke on safety issue, concerns with Metro East parking situation and Operation Safe Passage for Seniors. Neelofur Sheikh spoke on rent affordability. Kristyan Zhei spoke on rent control, rent increase and fixed income. Chaungoc Nguyen spoke on toxic cigarette smoke outside her apartment. Roxie Sanches spoke on Metro East Senior apartments, 10 percent increase in rent and asked for amendment in ordinance to Include seniors in rent control. Nancy Emerson spoke on 10 percent increase in rent. Asked for funding for assisting with rent. Angie Yanuzzi spoke rent increase, fixed income and affordable rent for senior. Carlos Manrique spoke on social security not covering rent. City Council 64— 4 12fR6/2022 Deepa Bijlam spoke on social security not covering rent. Tracy La the Executive Director from Viet Rise Organization to address item 26. In support of a rental registry and rent board as part long term implementation plan for the rent stabilization and just cause eviction ordinance that were passed in 2021. Expressed opposition recommendation to contract a mediator. Vincent Tranwith with Viet Rise comment on item 26 in support of establishing rent registry and rent board as part long term implementation plan for the rent stabilization and just cause eviction ordinance that were passed in 2021. Expressed opposition recommendation to contract a mediator. Nathaniel Greensides spoke on elderly senior citizens seeing a 10 percent rent increase, rent control board and local rent registry. Linda Stinnett spoke on rent increase. David Carbajal spoke on rent stabilization and just cause eviction ordnances. Addressed item 26. Indigo Vu commented on item 26. Spoke in support of establishing rental registry and rent board as part long term implementation plan for the rent stabilization and just cause eviction ordinance that were passed in 2021. Expressed opposition recommendation to contract a mediator. Mextli Lopez a volunteer with Tenets United. Commented on item 26. Spoke in support of establishing rental registry and rent board. Rosa Salgado spoke on U Visa. Lisa Nguyen staff member with Viet Rise. Commented on item 26. Spoke in support of establishing rental registry and rent board. Expressed opposition recommendation to contract a mediator. Victor Mendez spoke on rent increase of 10 percent in affordable housing. Magdalena Menchaca spoke on rent increase, affordable housing and rent control ordinances. Houshang spoke on 10 percent rent increase. Jeff Katz spoke on code enforcement, public safety committee and Block Beautification Program. Berth Ramirez spoke on rent control and issues parking at apartment complex. Kavle a volunteer with Tenants United Santa Ana, spoke in support of rent board and rental City Council 65- 5 12fR6/2022 registry. Carl Beniger spoke in support of Item 13 and city solar programs. Danny spoke in support of Item 30. Maria Victoria spoke on rent stabilization, just cause eviction ordinance and rent increase. Ana Charco a Housing Councilor with Latino Health Access, spoke on rent stabilization, just cause eviction ordinance and rent increase. Anabel Para a Member of Esperanza de la Comunidad. Spoke on housing issues including harassment, lack of resources, lack of funding and lack of assistance to help prevent evictions, physical and physiological abuse. Martha Garcia a member of inquilinos Esperanza. Spoke on Item 26. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 25. 8. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 9. Minutes from the Adjourned Meeting of June 15, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 10. Minutes from the Regular and Special Housing Authority Meeting of June 21, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 11. Minutes from the Special Closed Session, Regular and Special Housing Authority Meeting of July 19, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 12. Quarterly Report for Housing Division Projects and Activities for the period of April 2022 — June 2022 City Council 66- 6 12fR6/2022 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of April 2022 — June 2022. 13. Approve an Appropriation Adjustment and Award a Purchase Order to National Auto Fleet Group in the Amount of $229,087.64 for Four Ford F-150 Electric (EV) Trucks (Specification No. 22-113) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment allocating revenues received in FY 2022-2023 in the amount of $251,268 in the Air Quality Improvement (AB 2766), Special Revenue Fund account and appropriating the same amount into the Air Quality Improvement, Fleet Services-MSRC Program expenditure account for FY 2022-2023 Machinery & Equipment. (Requires five affirmative votes) 2. Recognize grant reimbursement received in the Air Quality Improvement (AB 2766) Special Revenue Fund account in the amount of $251,268.50 in Fiscal Year 2022- 2023. 3. Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of five Ford F-150 EV Trucks, in the amount of $229,087.64, plus a contingency of $20,000, for a total amount not to exceed $249,087.64, subject to non -substantive changes approved by the City Manager and City Attorney. 14. Construction of a Santa Ana Zoo Educational Hub and Installation of a Universally Accessible Playground at Thornton Park: Approve an Appropriation Adjustment to Recognize $4,000,000 in Grant Revenue from the State of California Natural Resources Agency, Recognize $230,250 in Revenue Received in Prior Years from Residential Development District 3, and Amend the Fiscal Year 2022-2023 Capital Improvement Program (Non -General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an Appropriation Adjustment to recognize $4,000,000 in grant revenue from the State of California Natural Resources Agency into the State Grant -Direct revenue account and appropriate $2,000,000 into the State Resources Agency Grant, Building Improvements expenditure account, and $2,000,000 into the State Resources Agency Grant, Improvements Other than Building expenditure account to construct a Santa Ana Zoo Educational Hub and install a Universally Accessible Playground at Thornton Park. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to recognize $230,250 in revenue received from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Building Improvements expenditure account. (Requires five affirmative votes) City Council 67— 7 12fR6/2022 3. Approve an amendment to the Fiscal Year 2022-2023 Capital Improvement Program to include the Santa Ana Zoo Educational Hub and Universally Accessible Playground at Thornton Park projects. Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Hernandez to Approve. YES: 7 - Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0- Pass 15. Approve Appropriation Adjustment and Amendment to the FY 2022-23 Capital Improvement Program to Increase Construction Engineering and Contingencies by $574,578 for the Flower Street Sewer Main Improvements Project (Project No. 18- 6616) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $574,578 of prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to add Greenleaf Water Main Improvements Project (23-6474). 16. Historic Property Preservation Agreements Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the below -referenced property owners for the identified structure(s), subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner Ls Historic Property Preservation Agreement No., Address/House, Vote by HRC 1. Joey Fermann and Rachel LaVigne, 2020-21, 1010 W. Santa Clara Avenue, 7:0:0:2 (Rush and Hardy Absent) (Agreement No. 2022-XXX) 2. Janna Middel, 2022-10, 1811 Greenleaf Street, 8:0:0:1 (Hardy Absent) (Agreement No. 2022-XXX) 3. Anthony and Patricia Castillo, 2022-11, 1916 Greenleaf Street, 7:1:0:1 (Carpenter Dissenting and Hardy Absent) (Agreement No. 2022-XXX) City Council 68- 8 12fR6/2022 MINUTES: This consent Item - Agreement Nos. 2022-163,2022-165 and 2022- 168 were approved. 17. Approve Master Agreement for Court Reporting and Transcription Services with Veritext Corporation, effective September 6, 2022 through June 30, 2024 (General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an Agreement with Veritext Corporation to provide court reporting and transcription services not to exceed $150,000, effective September 6, 2022 through June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-173 was approved. 18. Approve Master Agreements for Bilingual Testing Services with ALTA Language Services, effective September 6, 2022 through June 30, 2024 (General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an Agreement with ALTA Language Services, Inc. to provide language proficiency testing services not to exceed $100,000, effective September 6, 2022 through June 30, 2024 with three - one (1) year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-162 was approved. 19. Approve Agreements with Pre -Paid Legal Services, Inc., dba LegalShield to Provide Identity Theft Services and United Pet Care, LLC to Provide Pet Care Insurance for 2023 Employee Benefits Department(s): Human Resources Recommended Action: 1. Authorize the City Manager to execute an Agreement with Pre -Paid Legal Services, Inc., dba LegalShield, for identity theft services, effective January 1, 2023 through December 31, 2023, with automatic renewals (for additional one (1) year terms), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Authorize the City Manager to execute an Agreement with United Pet Care, LLC, for pet care insurance, effective January 1, 2023 through December 31, 2023, with automatic renewals (for additional one (1) year terms), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). MINUTES: This consent Item - Agreement Nos. 2022-170 and 2022-172 were City Council 69- 9 12fR6/2022 approved. 20. Approve an Agreement with Dixon Resources Unlimited, for Consulting Services for a Citywide Parking Study in an amount not to Exceed $500,000 for up to a Two -Year Term (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Dixon Resources Unlimited, for Consulting Services for a Citywide Parking Study in an amount not to exceed $500,000 for a two-year period beginning September 6, 2022 and expiring on September 5, 2024, with a provision for one one-year extension, for a total aggregate amount not to exceed $500,000, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Mendoza to Approve. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass MINUTES: This consent Item - Agreement No. 2022-164 was approved. 21. Approve an Agreement for Contract with Walk `n Rollers for Grant -Funded Willits Street Safe Routes to School Education Program (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Walk `n Rollers to provide bicycle safety education services commencing September 6, 2022, for a two-year period, beginning September 6, 2022 through September 5, 2024 in an amount not to exceed $196,415, with the option for one, one-year extension, subject non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-174 was approved. 22. Authorize a Purchase Agreement in the Amount of $800,000 for Full Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: Jose B. Hernandez) (Project No. 18-6901) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a purchase agreement with property owner Jose B. Hernandez, for the full property acquisition City Council 61-010 12fR6/2022 and goodwill (if any) for the real property located at 809 E. Warner (APN 016-104-21) in the amount of $800,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Core Agreement No. 2022-167 was approved. 23. Approve agreement with Orange County Conservation Corps as a subcontractor to the Californians for All Youth Workforce Program Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with Orange County Conservation Corps in an amount of $1,499,087 for a period from September 6, 2022 to May 1, 2024, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-169 was approved. 24. Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2022-XXX — Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. MINUTES: This consent Item - Resolution No. 2022-073 was approved. 25. Approve a First Amendment to the Agreement with RSG, Inc. for the Administration, Management and Implementation of the Rent Stabilization and Just Cause Eviction Ordinances on an As —Needed Basis in an Amount not to exceed $500,000 Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a First Amendment to the Agreement with RSG, Inc., for the administration, management and implementation of the Rent Stabilization and Just Cause Eviction Ordinances, for a one-year term beginning on September 6, 2022, in a total amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Authorize the City Manager to reallocate up to $500,000 from the Revive Santa Ana Spending Plan to pay for the administration, management and implementation of the Rent Stabilization and Just Cause Eviction Ordinances that will be provided by RSG, Inc. City Council 61411 12fR6/2022 MINUTES: This consent Item - Agreement No. 2022-171 was approved. Moved by Councilmember Mendoza, seconded by Mayor Pro Tern Bacerra to Motion to Reconsider item. YES: 5 — Hernandez, Lopez, Mendoza, Bacerra, Sarmiento NO: 2 — Penaloza, — Phan ABSTAIN: 0 ABSENT:0 Status: 5-2-0-0— Pass Moved by Councilmember Phan, seconded by Councilmember Lopez to Approve recommended action. YES: 5 — Hernandez, Lopez, Penaloza, Phan, Sarmiento NO: 2 — Mendoza, — Bacerra ABSTAIN: 0 ABSENT:0 Status: 5-2-0-0— Pass Moved by Councilmember Mendoza, seconded by Councilmember Penaloza to Approve Consent Calendar items 8 through 25 with the exception of items 14 and 20. Councilmember Bacerra voted no on item 25. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 26. Long -Term Implementation Plan for the Rent Stabilization and Just Cause Eviction Ordinances Department(s): Community Development Agency Recommended Action: 1. Adopt the Long -Term Implementation Plan for the Rent Stabilization and Just Cause Eviction Ordinances. 2. Authorize the City Manager and City Attorney to begin drafting amendments to the Rent Stabilization and Just Cause Eviction Ordinances based upon the Long -Term Implementation Plan. City Council 61-212 12fR6/2022 Moved by Councilmember Phan, seconded by Councilmember Hernandez to Approve the recommended action 1 and 2, to also include the summary of amendments recited by City Manager Kristine Ridge. YES: 4 — Hernandez, Lopez, Phan, Sarmiento NO: 3 — Mendoza, — Penaloza, — Bacerra ABSTAIN: 0 ABSENT:0 Status: 4-3-0-0—Pass MINUTES: Community Development staff provided a brief presentation. Councilmember Hernandez requested the following; the rental registry fee not exceed $100, that City Attorney's Office and the Code Enforcement Division work closely together, Rental Housing Board be comprised of 4 tenants and 2 landlords, and the removal of the mediation aspect. Mayor Pro Tem Bacerra stated his opposition to the item. Councilmember Mendoza, requested to reconsider item 25. Councilmember Lopez provided comments regarding the rental registry fee, and the rent board. Councilmember Phan requested mediation be maintained, expressed support for staff's recommendation of providing a variety of options regarding the rental registry fee, ensuring the fee sum is equitable. Requested the fee study reflect the monetary change if a fair petition cost is included. Request amendments to the RSO and JCEO to make affordable housing eligible for both, and remove the exemption for substantial rehabs. Lastly, landlords must be registered in order to increase their rent rate and requests the City Attorney's office provides a redline version within 4 weeks. Councilmember Penaloza provided various questions and comments. Mayor Sarmiento expressed support for having a seven -member board with at least one member being a mobile home tenant. City Manager Kristine Ridge provided a brief summary of the council's direction. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS City Council 61-313 12fR6/2022 PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 27. Public Hearing - Consolidated Annual Performance and Evaluation Report for Fiscal Year 2021 Public notice published in the Orange County Register on August 15, 2022. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. Moved by Councilmember Hernandez, seconded by Councilmember Mendoza to Approve. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass MINUTES: Mayor Sarmiento opened the Public Hearing at 10:15 p.m. No public comments Mayor Sarmiento closed the Public Hearing at 10:16 p.m. 28. Joint Public Hearing — Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at 915 N Flower Street, 921 N Flower Street, and 842 N Garnsey Street (APN 005-142-58, 005-142-35, and 005-142-47) for Park Space (Contingent upon approval of Special Successor Agency Item #3.) Public notice published in the Orange County Register on August 23, 2022 and August 30, 2022. Department(s): Community Development Agency Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of various properties: 915 N Flower Street, 921 N Flower Street, and 842 N Garnsey Street (APN 005-142-58, 005-142-35, and 005-142-47), and authorize the City Manager to execute all required documents as necessary. 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at 915 N Flower Street, 921 N Flower Street, and 842 N Garnsey Street (APN 005-142-58, 005-142- 35, and 005-142-47) in the amount of $598,000 plus closing costs and escrow fees, subject to non -substantive changes approved by the City Manager and City Attorney City Council 61-414 12fR6/2022 (Agreement No. 2022-XXX). Moved by Councilmember Hernandez, seconded by Councilmember Lopez to Approve. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass MINUTES: Mayor Sarmiento opened the Joint Public Hearing at 10:16 p.m. No public comments Mayor Sarmiento closed the Joint Public Hearing at 10:17 p.m. Mayor Sarmiento recessed the Regular Open Session and convened to the Special Successor Agency at 10:18 p.m. IWORK STUDY SESSION 29. Campaign Finance Reform Department(s): City Manager Office Recommended Action: Provide direction to staff. MINUTES: Management Analyst Daniel Soto provided a brief presentation. Council discussion ensued and direction was provided to staff: COUNCILMEMBER REQUESTED ITEMS 30. Discuss and Consider Directing City Manager to Direct Staff to Draft a Revision of SAPD Policy to Require Officers to Update Calling Parties Upon Resolution of Calls For Service — Mayor Pro Tern Bacerra MINUTES: Council discussion ensued and direction was provided to staff. CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge provided various comments regarding upcoming City events. City Council 61-515 12fR6/2022 COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Phan provided her comments out of order, before the consent calendar. Mayor Sarmiento provided comments regarding the reopening of 4th street and various other comments. Councilmember Hernandez thanked the new Parks and Recreation for his help, in hosting the first Chicano Festival. Spoke in remembrance of Artesia Pilar business owner, Armando Aguinaga. Councilmember Lopez thanks staff for all their hard work and announced that City Manager staff connected with Rosa Salgado on September 28, 2021. Councilmember Mendoza asked council to wear orange in support of her proclamation and provided various other comments. Councilmember Penaloza extended an invitation to the residents of ward 6, to attend the Wilshire Square and Memorial Park Neighborhood Association meetings and provided various other comments. Councilmember Bacerrra announced his community office hours on September 10, 2022 and provided various other comments. ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority meeting. Adjourn in memory of Pamela Gallegos. City Council 61-616 12fR6/2022 MINUTES: Meeting also adjourned in memory of Amrando Aguinaga Mayor Sarmiento adjourned the Regular City Council meeting at 11:29 p.m. HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Johnathan Ryan Hernandez Vice Chair Chair City Manager City Attorney Clerk of the Council Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho MINUTES: Chair Sarmiento called the Housing Authority meeting to order at 10:20 p.m. ROLL CALL MINUTES: All members were present. PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 5. 1. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 2. Minutes from the Housing Authority Meeting of June 6, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. City Council 61-717 12fR6/2022 3. Minutes from the Special Housing Authority Meeting of June 21, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda item #10 in the City Council agenda) 4. Minutes from the Special Housing Authority Meeting of July 19, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda item #11 in the City Council agenda) 5. Quarterly Report for the Housing Choice Voucher Program for the Period of April 1, 2022 to June 30, 2022 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of April 1, 2022 to June 30, 2022. Moved by Councilmember Lopez, seconded by Councilmember Mendoza to Approve Consent Calendar items. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT — Adjourn the Housing Authority meeting and convene to the Special Successor Agency meeting. MINUTES: Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the Regular meeting at 10.21 p.m. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Council Members Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza City Council 61-818 12fR6/2022 Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho PUBLIC COMMENTS — Members of the public may address Successor Agency on items on the Successor Agency Authority agenda. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 2. Minutes from the Special Successor Agency meeting of Janurary 18, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to Approve Consent Calendar items. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END OF CONSENT CALENDAR** PUBLIC HEARING City Council 61-919 12fR6/2022 3. Joint Public Hearing — Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at 915 N Flower Street, 921 N Flower Street, and 842 N Garnsey Street (APN 005-142-58, 005-142-35, and 005-142-47) for Park Space (Contingent upon approval of City Council Item #28.) Public notice published in the Orange County Register on August 23, 2022 and August 30, 2022. Department(s): Community Development Agency Recommended Action: SUCCESSOR AGENCY ACTION 1. Resolution No. 2022-XXX — Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of various properties: 915 N Flower Street, 921 N Flower Street, and 842 N Garnsey Street (APN 005-142-58, 005-142-35, and 005-142-47), and authorize the Executive Director to execute all required documents as necessary. 2. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at 915 N Flower Street, 921 N Flower Street, and 842 N Garnsey Street (APN 005-142-58, 005-142-35, and 005-142-47) in the amount of $598,000, plus closing costs and escrow fees, subject to non -substantive changes approved by the Executive Director and General Counsel. Moved by Councilmember Hernandez, seconded by Councilmember Lopez to Approve. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass MINUTES: Chair Sarmiento opened the Joint Public Hearing at 10:19 p.m. No public comments Chair Sarmiento closed the Joint Public Hearing at 10:20 p.m. SUCCESSOR AGENCY COMMENTS MINUTES: None. ADJOURNMENT — Adjourn the Successor Agency meeting and reconvene to the Regular City Council Meeting. City Council 62-020 12fR6/2022 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 8-43 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-43. - Adoption by reference. There is adopted by the city that certain code known as the California Building Code, 2022 Edition, based on the 2021 International Building Code as published by the International Code Council, (hereinafter referred to in this article as the "Building Code," "building code," or "California Building Code"), consisting of "Volume 1", "Volume 2" and the 2022 California Existing Building Code (together with subsequent supplements or amendments to any volume, each of which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The building code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the building code set forth in this chapter that specifically amends the Building Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended a pre-2022 edition of the "Building Code" shall also be construed as amending the applicable provision of the 2022 or later edition of the building code. The building City Council 7-1 r in'M " of 30 code, as thus amended, together with all other provisions of this article, shall be known as the city building code. Appendices which are adopted pursuant to this section are as follows: Appendix I, Patio Covers Appendix J, Grading Section 2. Section 8-93 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-93. - Reserved. Section 3. Section 8-96 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-96. - Time limitation of application (Volume 1, Chapter 1, Division II, Section 105.3.2) Section 105.3.2 is amended to read as a follows: Sec. 105.3.2. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless the permit has been issued; except that the Building Official may extend the time for action by the applicant for a period not exceeding one hundred and eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. An application for a certificate of occupancy shall be deemed to have been abandoned 12 months after the date of filing, unless the certificate of occupancy has been issued or the building permit associated with the certificate of occupancy has not expired; except that the Building Official may extend the time for action by the applicant for a period not exceeding one hundred and eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall pay a new certificate of occupancy application fee. Ord' ���� c� 7-2 12/20/2022 Pagetfif Section 4. Section 8-85 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-85. - Seismic loads (California Existing Building Code, Chapter 5, Section 506.5.3). Chapter 5, Section 506.5.3 of the California Existing Building Code is amended by adding the following paragraph thereto: The conversion of any portion of an existing building to residential use shall be analyzed for 75 percent of the Design Earthquake Ground motion, as defined in Section 1613.2 of the California Building Code, but in no event shall there be a reduction in the capacity of the seismic force resisting system where such system provides a greater level of protection than the minimum requirements established by this code. Performance - based engineering analysis and design procedures may be used to evaluate the existing structure and the design of strengthening elements when approved by the Building Official. All new structural elements shall meet current detailing requirements of Section 1604 of the California Building Code. Section 5. Section 8-290 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-290. - Adoption by reference. There is adopted by the city that certain code known as the California Plumbing Code, 2022 Edition, including the following appendices thereto: A, B, D, I and J, (hereinafter referred to in this article as the "Plumbing Code"), together with subsequent supplements or amendments, which shall become effective, adopted and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The plumbing code is adopted and incorporated by reference as fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the plumbing code set forth in this chapter of this Code that specifically amend the plumbing code. Any previously enacted, unrepealed provision of this Code that amended a pre-2022 edition of the "Plumbing Code" shall also be construed as amending the applicable provision of the 2022 or later edition of the plumbing code. The plumbing code as amended, together with all other provisions of this article, shall be known as the city plumbing code. Section 6. Section 8-556 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-556. - Adoption by reference. City Council 7-3 r in'n a�of 30 There is adopted by the city that certain code known as the California Mechanical Code, 2022 edition (hereinafter referred to in this article as the "California Mechanical Code" "Mechanical Code" or "mechanical code"), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The mechanical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the mechanical code set forth in this chapter of this Code that specifically amend the mechanical code. Any previously enacted, unrepealed provision of this Code that amended a pre-2022 edition of the "Mechanical Code" shall also be construed as amending the applicable provision of the 2022 or later edition of the mechanical code. The mechanical code as amended, together with all other provisions of this article, shall be known as the city mechanical code. Section 7. Section 8-667 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-667. - Adoption by reference. There is adopted by the city that certain code known as the California Electrical Code 2022 Edition and the administrative provisions set forth herein, (hereinafter referred to in this article as the "Electrical Code") together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless specifically adopted prior to that date, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The electrical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the electrical code set forth in this chapter of this code that specifically amend the electrical code. Any previously enacted, unrepealed provision of this Code that amended a pre-2022 edition of the "Electrical Code" shall also be construed as amending the applicable provision of the 2022 or later edition of the electrical code. The electrical code as amended, together with all other provisions of this article, shall be known as the city electrical code. Annex which are adopted pursuant to this section are as follows: Informative Annex A, Product Safety Standards Ord' - ixxx 7-4 12/20/2022 Pagel% Section 8. Section 8-2000 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-2000. - Adoption by reference. There is adopted by the city that certain code known as the 2021 International Property Maintenance Code (hereinafter referred to as the "Property Maintenance Code"), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on each new official publication date of the International Property Maintenance Code, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The said Code is adopted and incorporated as fully as if set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the property maintenance code set forth in this chapter of this Code that specifically amends the property maintenance code. Any previously enacted, unrepealed provision of this Code that amended a pre-2021 edition of the "Property Maintenance Code" shall also be construed as amending the applicable provision of the 2021 or later edition of the property maintenance code. The property maintenance code, as thus amended, together with all other provisions of this article, shall be known as the city property maintenance code. Section 9. Section 8-2800 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-2800. - Adoption by reference. There is adopted by the city that certain code known as the California Residential Code, 2022 Edition, based on the 2021 International Residential Code as published by the International Code Council, (hereinafter referred to in this article as the "Residential Code" or "California Residential Code"), (together with subsequent supplements or amendments shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Residential code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Residential code set forth in this chapter that specifically amends the Residential Code. The Residential City Council 7-5 r inlr f 30 code, as thus amended, together with all other provisions of this article, shall be known as the city residential code. Appendices which are adopted pursuant to this section, are as follows: Appendix H, Patio Covers Appendix J, Existing Buildings and Structures Section 10. Section 8-2810 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-2810. - Climatic and Geographic Design Criteria (Table R301.2). Table R301.2 is revised to read: TABLE R301.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA WIND DESIGN SEISMIC SUBJECT TO DAMAGE FROM ICE BARRIER Frost GROUND Speed Topo- Special Windborne DESIGN line WINTER UNDERLAY- FLOOD AIR MEAN SNOW d graphic wind debris CATEGORY Weathering Depth Termite DESIGN MENT HAZARDS FREEZING ANNUAL LOAD (mph) effects k region' zone"' i a b C TEMP, REQUIRED' 9 INDEX' TEMPI Very See Zero 95 No No No D2 or E Negligible 12-24" Heavy 43 No Exhibit B 0 60 For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. C. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(A)].Wind exposure category shall be determined on a site -specific basis in accordance with Section R301.2.1.4. Ord' rr���� c� fxxx 7-6 12/20/2022 PagPIN e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF -days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index - USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.htrnl. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index -USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html. k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. I. In accordance with Figure R301.2(5)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table. m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind- borne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1 a or 1 b from ACCA Manual J or established criteria determined by the jurisdiction. City Council 7-7 r in'n a�of 30 o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2(6). Section 11. Section 8-2900 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-2900. - Adoption by reference. There is adopted by the city that certain code known as the California Green Building Standards Code, 2022 Edition, as published by the International Code Council, (hereinafter referred to in this article as the "California Green Building Standards Code"), (effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Green Building Standards code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city. The California Green Building Standards code, as thus amended, together with all other provisions of this article, shall be known as the city Green Building Standards code. Section 12. Section 8-3000 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-3000. - Adoption by reference. There is adopted by the city that certain code known as the California Energy Code, 2022 Edition, as published by the International Code Council, (hereinafter referred to in this article as the "California Energy Code"), (effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The California Energy Code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city. The California Energy Code, as thus amended, together with all other provisions of this article, shall be known as the city Energy code. Section 13. Article XIX of Chapter 8 of the Santa Ana Municipal Code is hereby added to read as follows: Ord' P8iTxxx 7-8 12/20/2022 PageN ARTICLE. XIX — CALIFORNIA HISTORICAL BUILDING CODE Sec. 8-3100. -Adoption by reference. There is adopted by the city that certain code known as the California Historical Building Code, 2022 Edition, as published by the International Code Council, (hereinafter referred to in this article as the "California Historical Building Code"), (effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The California Historical Building Code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city. The California Historical Building Code, as thus amended, together with all other provisions of this article, shall be known as the city Historical Building code. Section 14. Section 14-1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14-1. Adoption by reference. There is adopted by the city that certain code known as the California Fire Code 2022 Edition, based on the 2021 International Fire Code as published by the International Code Council, (hereinafter referred to in this article as the "California Fire Code" or "fire code") and the whole thereof including the Appendices therein, errata issued during and after the publishing date, save and except such portions as are hereinafter deleted or amended, of which code not less than one (1) copy has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. Said code is adopted and incorporated as fully as if set forth at length herein and, subject to all amendments set forth in this article, shall be in effect within the city from the effective date of this article. Any provision of this article amending the above mentioned codes shall be construed as amending the 2021 and 2022 editions thereof including such provisions enacted prior to this adoption of the said 2021 and 2022 editions and not thereafter repealed. The International Fire Code, 2021 edition and the California Fire Code 2022 edition, as thus amended, together with all other provisions of this article, shall be known as the "Fire Code of the City of Santa Ana." Section 15. Section 14-3.1 of the Santa Ana Municipal Code is hereby amended to read as follows: City Council 7-9 Ur in�r t x Sec. 14-3.1. -Violation penalties (Section 112.4). Section 112.4 Violation penalties. 112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (a) Section 112.4.2 Infraction and misdemeanor is hereby added as follows: 112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor. Section 16. Section 14-22 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14-22. - General requirements (Chapter 3). Chapter 3 General Requirements. Adopt Chapter 3 in its entirety, with the exception of Sections 308.1.4, 311.5 through 311.5.5, 318, and 319, and with the following amendments: (a) Section 304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C- 05 "Vegetation Management Guideline —Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program." (b) Section 305.6 Hazardous Conditions is hereby added as follows: Order IAcq fxxx 7 — 10 12/20/2022 Page"1bv0 305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies: 1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared 2. when an official sign was caused to be posted by the fire code official, or a public announcement is made No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official. (c) Section 305.7 Disposal of rubbish is hereby added as follows: 305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1. (d) Section 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby added as follows: SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE RINGS, AND PORTABLE OUTDOOR FIREPLACES Section 307.6 Outdoor Fireplaces, fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows: 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R shall comply with this section. Exception: Barbeques, grills, and other portable devices intended solely for cooking. 307.6.1 Gas -fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied -petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys City Council 7 —11 rd inIrf 'e x of or vents are installed, they shall have a spark arrester as defined in Section 202. Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied -petroleum gas is hereby amended as follows: 307.6.2 Devices using wood or fuels other than natural gas or liquefied -petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures, unless within an approved permanent fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308. Exceptions: Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3' from combustible construction at R-3 occupancies, Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies. Section 307.6.2.1 Where prohibited is hereby amended as follows: 307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI. Exceptions: 1. Permanent fireplaces that are not located in a fuel modification zone 2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire. Order fXXX 7 — 12 12/20/2022 Page"1�o (e) Section 324 Fuel Modification Requirements for New Construction is hereby amended as follows: 324 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 "Vegetation Management Guideline — Technical Design for New Construction Fuel Modification Plans and Maintenance Program." (f) Section 325 Clearance of brush or vegetation growth from roadways is hereby amended as follows: 325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow -line or the end of the improved edge of the roadway surfaces. Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. (g) Section 326 Unusual Circumstances is hereby amended as follows: 326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist: 1. Difficult terrain. 2. Danger of erosion. 3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county -approved list of wildlife, plants, rare, endangered and/or threatened species. 4. Stands or groves of trees or heritage trees. City Council 7 — 13 rd inIrf 'e X of 5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical. (h) Section 327 Use of Equipment is hereby added as follows: 327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire. Exception: 1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California. 2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition. (i) Section 327.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames is hereby amended as follows: 327.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush -covered land or non -irrigated grass -covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following: 1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30 foot clearing cannot be achieved then an alternate method shall be approved by the AHJ prior to work starting. 2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water -type fire extinguisher fully equipped and ready for use at the immediate area during the operation. Order fxxx 7 — 14 12/20/2022 Page"1 o 3. Stop work when winds are 8 MPH during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official. 4. Keep a cell phone nearby and call 911 immediately in case of a fire. 0) Section 327.2 Spark arresters is hereby added as follows: 327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. Section 17. Section 14-23 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14-23. - Emergency planning and preparedness (Chapter 4). Chapter 4: Emergency Planning and Preparedness. Adopt only those sections and subsections adopted by SFM with the following amendment. Section 407.5 is revised as follows: 407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall include OCFA's Chemical Classification Guideline in accordance with Section 5001.5.2. Section 18. Section 14-24 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14-24. - Fire service features (Chapter 5). Chapter 5 Fire Service Features is adopted in its entirety with the following amendments: (a) SECTION 501.1 Scope is revised to read as follows: 501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01, "Fire Master Plan for Commercial & Residential Development." City Council 7 — 15 rd inIrf 'e x of (b) Section 510.1 Emergency responder radio coverage is revised to read as follows: 510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff's Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent, this code. Exceptions: 1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following: a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion. b. Elevators. C. Structures that meet all of the following: i. Three stories or less, and ii. Do not have subterranean storage or parking, and iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following: i. Residential structures four stories or less, and ii. Constructed of wood, and iii. Do not have subterranean storage or parking, and iv. Are not built integral to an above ground multi -story parking structure. Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas. 2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a Ord err� i 7 — 16 12/20/2022 PagAW" negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system. Section 19. Section 14-30 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14-30. - Fire protection and Life Safety Systems (Chapter 9). Chapter 9 Fire protection and Life Safety Systems is adopted in its entirety with the following amendments: (a) Section 903.2 Where required is hereby amended as follows: 903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists: New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire - extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet (465 m2) as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height. Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code. 2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists: a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet (465 m2) as defined in Section 202; or b. When an addition exceeds 2000 square feet (186 m2) and the resulting building area exceeds 5000 square feet (465 m2) as defined in Section 202; or City Council 7 — 17 r ingrj, � f 30 c. An additional story is added above the second floor regardless of fire areas or allowable area. Exception: Group R-3 occupancies shall comply with Section 903.2.8. (b) Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows: 903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity. Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5. Order fXXX 7 — 18 12/20/2022 Page"1�o Design % 75 85 90 IK1:31: 111104I119191a] HYDRAULICALLY CALCULATED SYSTEMS 100 110 120 130 140 150 PSI City Council 7 - 19 r inir�, f 30 Section 20. Section 14-31 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14-31. - Construction requirements for Existing Buildings (Chapter 11). Chapter 11 Construction Requirements for Existing Buildings: Adopt only those sections and subsections adopted by SFM. Section 21. Section 14-32 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14-32. - Energy Systems (Chapter 12). Chapter 12 Energy Systems is adopted in its entirety as amended by SFM. Section 22. Section 14-34 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14-34. - Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities (Chapter 28). Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety with the following amendments: (a) Section 2801.2 Permit is hereby revised as follows: 2801.2 Permit. Permits shall be required as set forth in Section 105.6. and 105.6.29. (b) Section 2808.2 Storage site is hereby revised as follows: 2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned and approval obtained from the fire code official before transferring products to the site. (c) Section 2808.3 Size of piles is hereby revised as follows: 2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length. Ordir�r�c� opar xxx 7 — 20 12/20/2022 Page"�b� Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following: 1. Storage yard areas and materials -handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles. 2. Factors that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile. 3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants. 4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained. 5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program. Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features. (d) Section 2808.4 Pile Separation is hereby added as follows: 2808.4. Pile separation. Piles shall be separated from adjacent piles by -a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation. (e) Section 2808.7 Pile fire protection is hereby revised as follows: 2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas. City Council 7 — 21 r inIrf M of 30 (f) Section 2808.9 Material -handling equipment is hereby revised as follows: 2808.9 Material -handling equipment. All material handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material -handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire -fighting operations. (g) Section 2808.11 Temperature control, is hereby added as follows: 2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2. (h) Section 2808.11.1 Pile temperature control, is hereby added as follows: 2808.11.1 Pile temperature control. Piles shall be rotated when the internal temperature readings are in excess of 165 degrees Fahrenheit. (i) Section 2808.11.2 New material temperature control, is hereby added as follows: 2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall be monitored to verify that the temperature remains stable. 0) Section 2808.12 Water availability is hereby added as follows: 2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s). (k) Section 2808.13 Tipping area is hereby added as follows: 2808.13 Tipping areas shall comply with the following: 1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet. Ordir� opar XXX 7 — 22 12/20/2022 Page W 2. Material within a tipping area shall not exceed 5 feet in height at any time. 3. Tipping areas shall be separated from all piles by a 20 foot wide fire access lane. 4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area. 5. All material within a tipping area shall be processed within 5 days of receipt. (1) Section 2808.14 Emergency Contact is hereby added as follows: 2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situations (m) Section 2808.15 Maximum Grid of Piles and Rows is hereby added as follows: 2808.15 Maximum Grid of Piles and Rows, Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 foot clear space used for no other purpose. (n) 2808.16 Push -out / Clear area is hereby added as follows: 2808.16 Push -out / Clear area Piles exceeding 20 cubic yards shall be provided with push -out areas. Push -out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push -out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building. Section 23. Section 14-35 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14-35. - Requirements for wildland-urban interface fire areas (Chapter 49). Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendment: Section 4903.3 Fuel Modification Plans is hereby added as follows: City Council 7— 23 r inIrf A x x 4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C-05 "Vegetation Management Guideline — Technical Design for New Construction Fuel Modification Plans and Maintenance Program." Section 24. Section 14-36 of the Santa Ana Municipal Code is hereby deleted in its entirety and reenacted in full as follows: Sec. 14-36. Hazardous Materials — General Provisions (Chapter 50) Chapter 50 Hazardous Materials — General Provisions is adopted in its entirety as amended by SFM with the following amendments. (a) Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS), is hereby revised as follows: 5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include. Orange County Fire Authority's -Chemical Classification Guideline, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. (b) Section 5003.1.1.1 Extremely Hazardous Substances is hereby added as follows: 5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property. Section 25. Section 14-38 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14-38 - Explosives and fireworks (Chapter 56). Chapter 56 Explosives and Fireworks is adopted in its entirety as amended by SFM with the following amendments: (a) Section 5608.2 Firing is hereby added as follows: 5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired. (b) Section 5608.3 Application for Permit is hereby added as follows: Ord err� fxxx 7 — 24 12/20/2022 PagAV Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA. Section 26. Section 14-39 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14-39 - Flammable and combustible liquids (Chapter 57). Flammable and Combustible Liquids (Chapter 57) Adopt Chapter 57, as adopted and amended by SFM. Section 27. Section 14-40 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14-40. - Flammable Gases and Flammable Cryogenic Fluids (Chapter 58). Chapter 58 Flammable Gases and Flammable Cryogenic Fluids Adopt Chapter 58 in its entirety as amended by SFM. Section 28. Section 14-41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14-41 - Referenced standards (Chapter 80). (a) NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows: (1) Section 16.12.3.3 is hereby revised as follows: 16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2'/2" inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design City Council 7 — 25 r in1rf A of 30 requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2'/2" inlets shall be provided. (2) Section 9.4.3.1 is hereby revised as follows: 9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick -response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following: (1) Quick -response type as defined in 3.6.4.8 (2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers (4) ESFR sprinklers (5) Standard -response sprinklers used for modifications or additions to existing light hazard systems equipped with standard -response sprinklers (6) Standard -response sprinklers used where individual standard -response sprinklers are replaced in existing light hazard systems (3) Section 9.2.1.7 is hereby revised as follows: 9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official. (b) NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two -Family Dwellings and Manufactured Homes is hereby amended as follows: (1) Section 7.1.2 is hereby revised as follows: 7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service. (c) NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows: Section 7.3.1.1 is hereby is deleted in its entirety. (d) NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows: (1) Section 6.2.8.1 is hereby added as follows: 6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red. Ord err� o par xxx 7 — 26 12/20/2022 Page W Exceptions: 1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted. 2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red. (2) Section 6.2.9 is hereby amended as follows: All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated: (1) A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve. (2) A wall post indicator valve (3) An indicating valve in a pit, installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer. (5) Control valves installed in a fire -rated room accessible from the exterior (6) Control valves in a fire -rated stair enclosure accessible from the exterior (3) Section 10.1.5 is hereby added as follows: 10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section. Exception: 304 or 316 Stainless Steel pipe and fittings City Council 7 — 27 r ingrj, � t 30 (4) Section 10.4.1.1 is hereby revised as follows: 10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion -retarding material after installation. Exception: Bolted joint accessories made from 304 or 316 stainless steel. (5) Section 10.4.1.1.1 is hereby added as follows: 10.4.1.1.1 All bolts used in pipe -joint assembly shall be 316 stainless steel. (6) Section 10.4.3.2 is hereby added as follows: 10.4.3.2. Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4. Section 29. Section 14-47 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14-47. - Appendices. Appendix A is deleted in its entirety. Appendix B is adopted in its entirety. Appendix BB is adopted in its entirety. Appendix C is adopted in its entirety. Appendix CC is adopted in its entirety. Appendix D is deleted in its entirety. Appendix E is deleted in its entirety. Appendix F is deleted in its entirety. Appendix G is deleted in its entirety. Appendix H is deleted in its entirety. Ordir� opar xxx 7 — 28 12/20/2022 Page W Appendix I is deleted in its entirety. Appendix J is deleted in its entirety. Appendix K is deleted in its entirety. Appendix L is deleted in its entirety. Appendix M is deleted in its entirety. Appendix N is deleted in its entirety. Appendix O is deleted in its entirety. Section 30. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 31. This Ordinance shall become effective thirty (30) days after its adoption. Section 32. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:d7� 7� John M. Funk Chief Assistant City Attorney City Council 7 — 29 r inirf N Of 30 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ord 'rr���� i 7 — 30 12/20/2022 Page"�b�o ORDINANCE NO. NS-XXX ZONING ORDINANCE AMENDMENT NO. 2022-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-130, 41-522 AND 41-1341 OF, AND ADDING SECTION 41-130.5 AND ARTICLE XXI (OUTDOOR DINING ON PRIVATE PROPERTY) TO, CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING REGULATIONS RELATING TO THE PLACEMENT, DEVELOPMENT, AND OPERATION OF OUTDOOR DINING ON PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and, declares as follows: A. On March 17, 2020, the City Council proclaimed the existence of a local emergency to ensure the availability of mutual aid and support an effective response to the novel coronavirus ("COVID-19") pandemic. B. On May 8, 2020, the state moved into Stage 2 of the California Resilience Roadmap, which allowed non -essential retail businesses and restaurants to reopen for curbside pickups and deliveries. C. On May 23, 2020, the County of Orange announced the State's approval of the County's plan to accelerate local businesses further into Stage 2 of the California Resilience Roadmap. D. On May 28, 2020, the City Manager, acting as Director of Emergency Services, approved Executive Order No. 5-2020 allowing restaurants and retail businesses to temporarily use public and private sidewalks and parking spaces for outdoor dining and retail operations to help stimulate the economy. In addition, the City Manager issued and published written guidelines ("A Guide for Outdoor Business Operations") providing guidance and safety measures for businesses to implement. E. On December 15, 2020, the Orange County Board of Supervisors awarded a $500,000 grant to the City for the use of developing safe outdoor dining opportunities for businesses along or within 500 feet of First Street and Seventeenth Street. The City utilized the grant money to retain a vendor to design, construct, and install 22 outdoor dining parklets for restaurants located on private property. Parklets included tables, chairs, bistro lights, railings, planters, drought resistant tolerant plants, umbrellas, shade sails, roman shades, and painted flooring or wood, and cement decks. City Council 8-1 12/20/2022 Ordinance No. NS-XXXX Page 1 of 12 F. On June 1, 2021, the City Council adopted Resolution No. 2021-29 extending Executive Order No. 5-2020 for a period of one year from the date on which the State moved beyond the Blueprint for a Safer Economy. G. On June 15, 2021, the State moved beyond the Blueprint for a Safer Economy. H. On May 3, 2022, the City Council directed staff to prepare a permanent outdoor dining ordinance to expand outdoor dining opportunities on private property citywide, to enhance the user experience, to create healthy, sustainable, and vibrant neighborhoods, and to support the local economy. The proposed amendments to the Santa Ana Municipal Code (SAMC) support the objectives and policies of the City's General Plan. J. On November 14, 2022, the Planning Commission held a duly -noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard, and recommended approval of the ordinance to the City Council. K. On December 6, 2022, the City Council held a duly -noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard. Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 3. Section 41-130 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-130. — Outdoor Dining. Outdoor Dining means an ancillary outdoor area use on private property where tables and chairs are provided for patrons to consume food and/or beverages provided by an adjacent eating establishment. Section 4. Section 41-130.5 (Outdoor Dining Area) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-130.5 — Outdoor Dining Area. Outdoor Dining Area means an approved designated outdoor dining area, in accordance with Article XXI (Outdoor Dining on Private Property) of this Chapter, that is enclosed by permanent improvements such as landscape, planters, fencing, decks, patio or shade structures, or other decorative barriers. City Council 8-2 12/20/2022 Ordinance No. NS-XXXX Page 2 of 12 Section 5. Section 41-522 (Uses subject to a conditional use permit in the C- SM district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-522. — Uses subject to a conditional use permit in the C-SM district. The following uses may be permitted in the C-SM district subject to the issuance of a conditional use permit: a. Clubs, lodges, and fraternal organizations. b. Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in Section 41-521 of this Chapter. C. Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. d. Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses. e. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. f. Laundromats. g. Banquet facilities, subject to development and operational standards set forth in Section 41-199.1 of this Chapter. h. Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1 of this Chapter. i. Automobile repair and automobile servicing. j. Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. k. Churches and accessory church buildings. Section 6. Section 41-1341 (Restaurants, cafes, etc.) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1341. — Restaurants, cafes, etc. City Council 8-3 12/20/2022 Ordinance No. NS-XXXX Page 3 of 12 (a) The minimum off-street parking requirements for restaurants, cafes and other eating establishments are as follows: (1) Eight (8) spaces for each one thousand (1,000) square feet of gross floor area. (2) An outdoor dining area equal to or less than five hundred (500) square and serving an eating establishment of less than two thousand five hundred (2,500) square feet does not require additional off-street parking. (3) An outdoor dining area less than twenty-five (25) percent of the gross floor area of the eating establishment or one thousand (1,000) square feet, whichever is smaller, does not require additional off-street parking. (4) An outdoor dining area exceeding the thresholds established by subsection 2 and 3 above shall provide off-street parking at a rate of one (1) space per each two hundred and fifty (250) square feet of outdoor dining area above the thresholds. (5) An outdoor dining area located within the public -right -of way and approved in accordance with Article VI of Chapter 33 of the SAMC does not require additional off-street parking. (b) Each drive -through eating establishment shall have vehicular stacking lanes of at least eighty (80) feet from the center of the pick-up window or pay window, whichever is closer to the menu board; and eighty (80) feet from the order point or menu board to the beginning of the drive -through lane. Such stacking lanes shall be located so that they do not serve as entries to parking spaces. Section 7. Article XXI (Outdoor Dining on Private Property) to Chapter 41 of the SAMC is hereby added in its entirety to read as follows: ARTICLE XXI. — OUTDOOR DINING ON PRIVATE PROPERTY Sec. 41-2200. — Purpose. The purpose and intent of this Article is to create a streamline administrative permit process for outdoor dining areas located on private property in order to benefit tenants, property owners, and the public, and to establish regulations that enhance the pedestrian ambiance of the City and ensure that such outdoor dining areas do not adversely impact adjacent uses, properties, and surrounding neighborhoods. Sec. 41-2201. — Applicability. (a) The provisions of this Article shall apply to: City Council 8-4 12/20/2022 Ordinance No. NS-XXXX Page 4 of 12 (1) All new outdoor dining areas located on private property; and (2) All legally established and existing outdoor dining areas located on private property that are proposed to be expanded or enlarged. (b) The provisions of this Article do not apply to: (1) Common outdoor dining and seating areas as part of a development that has been approved through a Development Project Plan in accordance with Division 3 of Article V of this Chapter; and (2) Outdoor dining areas in the public right-of-way that are subject to the provisions set forth in Article VI (Outdoor Dining Areas in the Public Right - Of -Way) of Chapter 33 (Streets, Sidewalks and Public Works) of the SAMC. (c) The provisions of this Article are not intended to provide exclusive regulation of the development of an outdoor dining area. An outdoor dining area shall comply with all applicable state and federal laws and all local regulations imposed in other articles of this Chapter and other city ordinances, unless explicitly exempted under this Article. Should a conflict exist between the provisions of this Article and the provisions of other articles of this Chapter, the provisions of this Article shall prevail, unless otherwise determined by the Director of the Planning and Building Agency. Sec. 41-2202. — Application, Permit, and Review Requirements. (a) An outdoor dining area shall require approval of an administrative application and permit as established by the Executive Director of the Planning and Building Agency, and shall be developed in compliance with an approved site plan that indicates the area dedicated for outdoor dining and the maximum seating capacity. (b) Approval of the outdoor dining area permit shall be granted only to the property owner or business owner of the eating establishment with written concurrence of the property owner. (c) When an eating establishment use is proposed to be replaced with another eating establishment where an outdoor dining area permit has been previously approved pursuant to this Article, the new business owner may continue to utilize the existing outdoor dining area without obtaining a separate outdoor dining permit, so long as such business owner submits an agreement to comply with the previously approved outdoor dining area permit application, conditions, and the requirements of this Article. Such agreement shall be on a form as approved by the Executive Director of the Planning and Building Agency. City Council 8-5 12/20/2022 Ordinance No. NS-XXXX Page 5 of 12 Sec. 41-2203. — Zone Requirements. An outdoor dining area shall be permitted as an ancillary use in all zones where eating establishments are permitted or conditionally permitted. Sec. 41-2204. — Placement, Development, and Design Standards. An outdoor dining area shall comply with the following placement, development, and design standards: (a) The location of the outdoor dining area shall be approved by the property owner(s) with consent of the affected business(es). (b) An outdoor dining area may encroach into and up to fifteen (15) percent of the required front and street side yard areas. (c) The outdoor dining area shall provide and maintain: (1) a five (5) foot landscape buffer between property lines and the edge of the outdoor dining area; and (2) a three (3) foot landscape buffer between parking spaces and vehicular areas and the edge of the outdoor dining area. (d) The outdoor dining area shall comply with corner and driveway obstruction line -of -sight standards, as modified from time to time. (e) The outdoor dining area shall not obstruct any required off-street parking spaces, drive aisles, paths of travel, ingress or egress, emergency access/exits, or fire lanes unless replaced elsewhere on site. (f) The outdoor dining area shall be constructed on a permanent raised pad with curbs and may be enclosed by a permanent barrier made of landscape planters, fencing, decking, shade structures and other decorative materials that physically separate and/or define the outdoor dining area. If installed, the height of the barrier shall not exceed four (4) feet in height. (g) Awnings, covers, furniture, umbrellas, shade structures, and other physical elements shall be compatible with the character of the primary use structure and shall be fire -retardant, pressure -treated or manufactured of fire-resistant materials. (h) Planter boxes, if installed, shall be made of durable materials such as wood, ceramic, stone, or metal. (i) Signage within the outdoor dining area is prohibited with the exception of a menu board. A menu board of up to six (6) square feet may be displayed within the outdoor dining area. Q) Lighting in accordance with Chapter 8 of the SAMC shall be provided to illuminate the outdoor dining area during nighttime hours. City Council 8-6 12/20/2022 Ordinance No. NS-XXXX Page 6 of 12 (k) When an outdoor dining area is located adjacent to sensitive uses (e.g., residential uses, parks, playgrounds, and private and public schools (k- 12)), provisions shall be made to minimize noise, light, and odor impacts on the adjacent sensitive uses. This may include without limitation a sound -buffering acoustic wall and/or separation by a physical barrier to define the limits of the outdoor dining area. Sec. 41-2205. — Operational Standards. Outdoor dining shall comply with the following operational standards: (a) All areas in and around the outdoor dining area shall be well kept and maintained free of trash and debris. (b) The hours of operation for the outdoor dining area shall be limited to the hours of operation for the eating establishment. However, if the outdoor dining area is adjacent to a sensitive use, such hours of operation may be restricted to reasonable operating hours as determined by the Executive Director of the Planning and Building Agency. (c) The outdoor dining area shall be operated in a manner to comply with the noise provisions pursuant to Section 10-153 of Chapter 10 of the SAMC. (d) Establishments with an approved conditional use permit (CUP) pursuant to Section 41-196 (Establishments Selling Alcoholic Beverages) of this Chapter may serve alcoholic beverages within the outdoor dining area if consistent with the scope and intent of the CUP, as evaluated by the Executive Director of the Planning and Building Agency. (e) No heating, cooking or open flames are permitted in the outdoor dining area. (f) Heating units are permitted only if an outdoor approved type and located in accordance with the manufacturer's recommendations. Propone tanks, if used, shall not be stored outdoors. (g) Movable furniture must be secured or moved inside the primary establishment at closing time. (h) All outdoor dining furnishings and materials shall be maintained and cleaned regularly with no ripped, faded, or otherwise damaged materials. Any damaged materials shall be repaired or replaced immediately. (i) The outdoor dining area shall be operated in a manner that complies with all applicable federal, state, county and city laws and regulations. Q) The outdoor dining area shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. City Council 8-7 12/20/2022 Ordinance No. NS-XXXX Page 7 of 12 Sec. 41-2206. — Off Street Parking Requirements for Outdoor Dining Areas. Off-street parking for an outdoor dining area shall be provided in accordance to Section 41-1341 of this Chapter, except that: (a) An outdoor dining area located within an integrated development site, as defined in Section 41-83.5 of this Chapter, may convert up to three (3) required off-street parking spaces into outdoor dining without needing to replace such parking. An integrated development site with two -hundred fifty (250) or more off-street parking spaces may convert additional required off-street parking spaces into outdoor dining at the discretion and approval of the Executive Director of the Planning and Building Agency. (b) An outdoor dining area located within a stand-alone development site with one primary eating establishment may convert up to twenty-five (25) percent of the required off street parking spaces into outdoor dining without needing to replace such parking. Sec. 41-2207. — Outdoor Dining Area Modification by Executive Director. The standards of this Article are intended to promote quality development of outdoor dining areas. In special circumstances, modifications to the placement and development standards required per Sec. 41-2204 of this Article may be adjusted, subject to the applicant providing the necessary information for the Executive Director of the Planning and Building Agency to make an informed decision in grating or denying the request for the modification. The approval of a modification per this section shall be accompanied by the following findings: a) Approval of the modification would not result in detrimental impacts to adjacent properties or the character and function of the neighborhood. b) The design, development, and conditions associated with the outdoor dining area are consistent with the goals, policies, and intent of the General Plan, and the purpose, intent, and character of the applicable zone. c) The outdoor dining area creates and provides a visually pleasing setting for occupants, visitors and the general community. d) To the maximum extent feasible, the outdoor dining project includes improvement to the site such as but not limited to: (1) Landscaping shall be improved to bring the site closer into compliance with the landscaping requirements of this Chapter; (2) Parking areas in poor condition shall be improved and maintained in accordance with Section 41-1304 of this Chapter; City Council 8-8 12/20/2022 Ordinance No. NS-XXXX Page 8 of 12 (3) Bicycle parking shall be provided and maintained in accordance with Section 41-1307.1 of this Chapter. (4) Building(s) on the site shall be repainted as needed; and (5) A trash enclosure in accordance with this Chapter shall be constructed or rehabilitated as determined by the Public Works and Planning and Building agencies. Sec. 41-2208. — Enforcement, Modification, Revocation and Termination of Outdoor Dining Area Permit. (a) It is unlawful for any property owner, business owner, operator, tenant, or other person in control of property within the city for which the provisions set forth in this Article apply, to operate an outdoor dining area without an outdoor dining area permit, or to fail to comply with each and every condition of that outdoor dining area permit. (b) Each and every violation of this Article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the SAMC. Additionally, as a nuisance per se, any violation of this Article shall be subject to injunctive relief, revocation of the outdoor dining area permit, revocation of certificate of occupancy for the eating establishment, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney's fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by an outdoor dining permittee and persons related or associated with the business. (c) When an authorized City of Santa Ana representative finds that any of the provisions of this Article have been violated or that any of the following findings of fact can be made, the Executive Director of the Planning and Building Agency, or its designee, may revoke, suspend, or modify an outdoor dining area permit: (1) Circumstances under which the outdoor dining permit was granted have been changed by the operator to a degree that the public convenience, health, interest, safety or welfare require revocation or modification; (2) The outdoor dining permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application; (3) One (1) or more of the requirements of the outdoor dining permit have not been substantially fulfilled or have been violated; City Council 8-9 12/20/2022 Ordinance No. NS-XXXX Page 9 of 12 (4) The improvement/use authorized in compliance with the outdoor dining permit approval is in violation of any code, law, ordinance, regulation or statute of the city, state or federal government; or (5) The improvement/use authorized in compliance with the outdoor dining permit has become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance. (d) No such revocation shall become effective until the outdoor dining permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provision of Chapter 3 of the SAMC. If a timely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the SAMC. Otherwise, the revocation shall become effective after the time for appeal has passed. (e) An outdoor dining area permit shall be terminated and the outdoor dining area and its improvements shall be removed and rehabilitated to their original use by the property owner if the outdoor dining area is vacant, unused, or unoccupied for more than six (6) months, or if the eating establishment is replaced with a non -eating establishment. Section 8. The City Council may, by resolution, establish a fee for the administrative outdoor dining permit required per this ordinance. The City Council shall from time to time by resolution adopt a schedule of fees to be charged. Section 9. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2022-88, will be filed upon adoption of this ordinance. Section 10. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. City Council 8-10 12/20/2022 Ordinance No. NS-XXXX Page 10 of 12 Section 11. This Ordinance shall become effective thirty (30) days after its adoption. Section 12. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of )2022. APPROVED AS TO FORM Sonia R. Carvalho, City Attorney is z John M. Funk Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Mayor City Council 8-11 12/20/2022 Ordinance No. NS-XXXX Page 11 of 12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on 2022 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 City Council 8-12 12/20/2022 Ordinance No. NS-XXXX Page 12 of 12 ORDINANCE NO. NS-XXX ZONING ORDINANCE AMENDMENT NO. 2022-05 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 41-121 OF, AND ADDING ARTICLE XXII (MOBILE FOOD TRUCKS ON PRIVATE PROPERTY) TO, CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING REGULATIONS RELATING TO THE OPERATION OF MOBILE FOOD TRUCKS ON PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and, declares as follows: A. On March 17, 2020, the City Council proclaimed the existence of a local emergency to ensure the availability of mutual aid and support an effective response to the novel coronavirus ("COVID-19") pandemic. B. On May 28, 2020, the City Manager, acting as Director of Emergency Services, approved Executive Order No. 5-2020 allowing restaurants and retail businesses to temporarily use public and private sidewalks and parking spaces for outdoor dining and retail operations to help stimulate the economy. In addition, the City Manager issued and published written guidelines ("A Guide for Outdoor Business Operations") providing guidance and safety measures for businesses to implement. C. On July 7, 2020, the City Council approved Resolution No. 2020-055, which temporarily allowed food vending vehicles to use private properties for vending activities and updated the Guide for Outdoor Business Operations to include guidance and safety measures for the operation of food vending vehicles on private properties. D. On June 1, 2021, the City Council adopted Resolution No. 2021-29 extending Executive Order No. 5-2020 for a period of one year from the date on which the State moved beyond the Blueprint for a Safer Economy. E. On June 15, 2021, the State moved beyond the Blueprint for a Safer Economy. F. On July 11, 2022, the City Manager, acting as Director of Emergency Services, approved Executive Order No. 18-2022 allowing the continued operation of food vending vehicles on private property until December 31, 2022. In addition, City Council directed staff to evaluate best practices and present City Council with options and recommendations on permanent regulations for food vending vehicles on private property prior to City COunp cemoer i , zuzz. 9-1 12/20/2022 Ordinance No. NS-XXXX Page 1 of 10 G. The proposed amendments to the Santa Ana Municipal Code (SAMC) support the objectives and policies of the City's General Plan. H. On November 14, 2022, the Planning Commission held a duly -noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard, and recommended approval of the ordinance to the City Council. On December 6, 2022, the City Council held a duly -noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard. Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 3. Section 41-121 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-121. — Mobile Food Truck. Mobile Food Truck means a motorized vehicle or mobile food unit. licensed by the California Department of Motor Vehicles, designed and equipped to prepare, serve, and sell food and/or non-alcoholic beverages. For purposes herein, the term "food" shall mean fruit, meat, vegetables, or other nutritious substance, dispensed in prepared, packaged or other form suitable for immediate ingestion or consumption by human beings. "Mobile Food Truck" shall not include a trailer or any wagon or pushcart, either propelled or drawn by motorized or other force, or any other vehicle incidentally used for dispensing food. Section 4. Article XXII (Mobile Food Trucks on Private Property) to Chapter 41 of the SAMC is hereby added in its entirety to read as follows: ARTICLE XXII. — MOBILE FOOD TRUCKS ON PRIVATE PROPERTY Sec. 41-2300. — Purpose. The purpose and intent of this Article is to create a streamline administrative permit process allowing mobile food trucks to operate on private property in order to provide entrepreneurial opportunities for small businesses to operate in the City and benefit the community by providing gourmet and fast food services to the City residents, workers, and visitors, and to establish regulations that ensure mobile food trucks are operated in a safe manner and do not create a public nuisance. Sec. 41-2301. — Applicability. (a) The provisions of this Article shall apply to all mobile food trucks operating on private property, unless exempted by Section 41-2305(b). Mobile food trucks may operate on City owned property with prior written consent and approval by the City Manager or designee and shall be subject to the provisions of this Article as doomod apprQpriato by tho City 5A er nr dosigAgo City Council 9-2 12/20/2022 Ordinance No. NS-XXXX Page 2 of 10 (b) The provisions of this Article do not apply to any of the following: (1) Mobile food trucks operating in the public right-of-way subject to the provisions of Article XIV (Food Vending Vehicles) of Chapter 36 (Traffic) of the SAMC. (2) Mobile food trucks operating in conjunction with any city -sponsored event where the operator of the mobile food truck is operating pursuant to a valid contract with the City. (3) Mobile food trucks operating in conjunction with an approved land use certificate and/or special event permit for temporary outdoor activities. (4) Mobile food trucks operating in a construction site (site with a valid building or grading permit) or business which does not vend to the general public during the time on the site and does not conduct operations on any single private property for more than forty-five (45) minutes. (c) The provisions of this Article are not intended to provide exclusive regulation of the operation of mobile food trucks on private property. Mobile food trucks shall comply with all applicable state and federal laws and all local regulations imposed in other articles of this Chapter and other city ordinances, unless explicitly exempted under this Article. Should a conflict exist between the provisions of this Article and the provisions of other articles of this Chapter, the provisions of this Article shall prevail, unless otherwise determined by the Executive Director of the Planning and Building Agency. Sec. 41-2303. — Application, Permit, and Review Requirements. (a) No mobile food truck shall operate on private property without obtaining approval of an administrative mobile food truck application and permit as established by the Executive Director of the Planning and Building Agency. Approval of the mobile food truck permit shall be granted only to the business owner/operator of the mobile food truck that holds a valid City business license and a health permit from the County of Orange Health Care Agency. (b) An approved permit for a mobile food truck shall be renewed on an annual basis on the anniversary date of the original approved permit. An application for renewal shall be submitted to the Planning and Building Agency no later than sixty (60) days prior to the expiration of the approved permit. (c) The business owner/operator of the mobile food truck shall maintain and store a copy of the mobile food truck permit within the mobile food truck and shall present the permit, upon request, to a city police officer, code enforcement officer, or any other person designated by the City to enforce this Article. City Council 9-3 12/20/2022 Ordinance No. NS-XXXX Page 3 of 10 Sec. 41-2304. — Zone Requirements. Mobile food trucks may operate on private property, as an ancillary use, that is zoned as mixed use, professional, commercial, or industrial, and all specific development and specific plan areas that have similar zones which allow for similar uses. Sec. 41-2305. — Property and Location Requirements. Mobile food trucks may only operate on private property that comply with the following property and location requirements: (a) The private property is located along an arterial street, as identified in the Mobility Element of the General Plan. (b) The private property is developed in accordance with the development standards of this Chapter for the primary use(s) and the zoning designation of the property. Mobile food trucks may operate on a nonconforming site only if the following conditions are satisfied, as deemed appropriate by the Executive Director of the Planning and Building Agency: (1) All signage on the building(s) and site shall be brought into conformity with the requirements of this Chapter; (2) Landscaping shall be improved to bring the site closer into compliance with the landscaping requirements of this Chapter; (3) Parking areas in poor condition shall be improved and maintained in accordance with Section 41-1304 of this Chapter; (4) Bicycle parking shall be provided in accordance with Section 41-1307.1 of this Chapter. (5) Building(s) on the site shall be repainted as need; and/or (6) A trash enclosure in accordance with this Chapter shall be constructed or rehabilitated if one is already built on site. (c) The private property is not a stand-alone parking lot or undeveloped vacant property. (d) The private property is not developed as a service or gas station. (e) The private property does not contain a legally established eating establishment and/or is not located within three hundred (300) feet, as measured from the outermost boundary of the property, of a lot that contains a legally established eating establishment and which operates during the proposed mobile food truck hours of operation. If an eating establishment is established within this separation requirement subsequent to the mobile food truck being approved, nothing shall prohibit the mobile food truck from continuing to operate at the approved location. City Council 9-4 12/20/2022 Ordinance No. NS-XXXX Page 4 of 10 Sec. 41-2306. — Minimum Lot Area and Maximum Number of Mobile Food Trucks Per Lot Area. A minimum lot size of ten thousand (10,000) square feet is required and no more than one (1) mobile food truck per 10,000 square feet of lot area or integrated development site area, as defined in Section 41-83.5 of this Chapter, shall be allowed. However, in no event shall more than three (3) mobile food trucks be allowed to operate on a single lot or integrated development site. Sec. 41-2307. — Operational Standards. All mobile food trucks operating within private property shall comply with the following operational standards: (a) Mobile food trucks shall comply with all applicable federal, state, and local laws, ordinances and regulations including, without limitation, state food labeling and preparation requirements, fire codes and regulations, and Americans with Disabilities Act (ADA) and regulations. (b) Mobile food trucks shall not operate before 6:00 p.m. or after 2:00 a.m., including set-up and clean-up. If operating within two hundred (200) feet of a residential zone or property used for residential purposes, the mobile food truck shall not operate after 10:00 p.m. on Sunday through Thursday and 11:59 p.m. on Friday and Saturday. (c) Mobile food trucks shall not be parked or stored overnight on the permitted vending site. (d) Mobile food trucks shall only be parked and operate from the area approved on the site plan by the Planning and Building Agency. (e) Mobile food trucks shall only occupy parking spaces not required to meet the minimum parking requirements of the primary use(s) on the property per Article XV (Off -Street Parking) of this Chapter. This requirement does not apply if the hours of operation for the mobile food truck and primary use(s) do not coincide. However, in no case shall a mobile food truck and its operations occupy more than twenty -five -percent (25%) of the entire parking area. If multiple mobile food trucks operate on a lot, then no more than fifty -percent (50%) of the entire parking area shall be occupied. (f) The outdoor dining area shall comply with corner and driveway obstruction line - of -sight standards, as modified from time to time. (g) A minimum of one (1) permanent and accessible public restroom shall be provided on -site and within fifty (50) feet of the mobile food truck and shall be available for use by the employees and customers of the mobile food truck during all hours of operation. Portable restrooms are prohibited to satisfy this requirement. City Council 9-5 12/20/2022 Ordinance No. NS-XXXX Page 5 of 10 (h) A maximum three hundred fifty (350) square -foot, uncovered seating area, may be provided to serve the patrons of the mobile food truck. The seating area may consist of portable chairs, tables, canopies, and barricades which shall be removed prior to closure of the mobile food truck. The seating area shall be located in an area of the site that does not interfere or obstruct any landscape, parking stalls, driveways and circulation, walkways, or fire lanes and hydrants. (i) No part of the mobile food truck operations, including seating and equipment, shall encroach onto the public sidewalk or street. The mobile food truck operator shall manage customer queuing and ensure pedestrian accessibility is maintained. (j) At minimum, two (2) waste receptacles shall be provided on -site and adjacent to the mobile food truck during all hours of operations and shall be removed prior to the closure of the mobile food truck. (k) Litter generated by the mobile food truck and its patrons, within a fifty (50) foot radius of the mobile food truck, shall be removed prior to the closure of the mobile food truck and disposed at an approved commissary. (1) Lighting shall be provided during hours of darkness to ensure customer safety. Lighting shall not create glare and shall be directed downward and away from adjacent properties. (m) The mobile food truck and its operations shall at all times comply with the noise provisions pursuant to Section 10-153 of Chapter 10 of the SAMC. (n) Mobile food truck operators shall be responsible for controlling smoke and odors caused by the mobile food truck and its operations. (o) No signage other than that exhibited on the mobile food truck may be displayed. (p) No alcoholic beverages shall be served or sold by the mobile food truck. (q) No mobile food truck shall cause or dispose of oil or grease on the lot. Wastewater generated on -site shall not be released on -site or into the storm drainage system. (r) The mobile food truck shall be entirely self-sufficient in regards to gas, water, and wastewater. The use of generators (i.e. portable or vehicle mounted) to supply electricity to the mobile food truck and its operations is prohibited. A mobile food truck shall utilize an electrical connection to maintain power. The electrical connection shall be approved by the Planning and Building Agency and shall be installed adjacent to the mobile food truck and in a manner that does not create a public safety hazard. City Council 9-6 12/20/2022 Ordinance No. NS-XXXX Page 6 of 10 Sec. 41-2308. — Enforcement, Modification, Revocation and Termination of Mobile Food Truck Permit. (a) It is unlawful for any property owner, business owner, operator, tenant, or other person in control of property within the city for which the provisions set forth in this Article apply, to operate a mobile food truck without a mobile food truck permit, or to fail to comply with each and every condition of that mobile food truck permit. (b) Each and every violation of this Article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the SAMC. Additionally, as a nuisance per se, any violation of this Article shall be subject to injunctive relief, revocation of the mobile food truck permit, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney's fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the mobile food truck permittee and persons related or associated with the business. (c) When an authorized City of Santa Ana representative finds that any of the provisions of this Article have been violated or that any of the following findings of fact can be made, the Executive Director of the Planning and Building Agency, or its designee, may revoke, suspend, or modify the mobile food truck permit: (1) The mobile food truck permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application; (2) One (1) or more of the requirements of the mobile food truck permit have not been substantially fulfilled or have been violated; (3) The mobile food truck and its operations authorized in compliance with the mobile food truck permit are in violation of any code, law, ordinance, regulation or statute of the city, state or federal government; or (4) The mobile food truck and its operations authorized in compliance with the mobile food truck permit have become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance. (d) No such revocation shall become effective until the mobile food permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provision of Chapter 3 of the SAMC. If a timely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the SAMC. Otherwise, the revocation shall become effective after the time for appeal has passed. City Council 9-7 12/20/2022 Ordinance No. NS-XXXX Page 7 of 10 (e) A mobile food truck permit shall be terminated if the mobile food truck permit is not renewed pursuant to Section 41-2303 of this Article. Section 5. The City Council may, by resolution, establish a fee for the administrative mobile food truck permit required by this ordinance. The City Council shall from time to time by resolution adopt a schedule of fees to be charged. Section 6. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2022-99, will be filed upon adoption of this ordinance. Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 8. This Ordinance shall become effective thirty (30) days after its adoption. City Council 9-8 12/20/2022 Ordinance No. NS-XXXX Page 8 of 10 Section 9. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2022. APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: 9w -F,4- John M. Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: Mayor City Council 9-9 12/20/2022 Ordinance No. NS-XXXX Page 9 of 10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on 2022 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 City Council 9-10 12/20/2022 Ordinance No. NS-XXXX Page 10 of 10 ORDINANCE NO. NS-XXX ZONING ORDINANCE AMENDMENT NO. 2022-05 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 41-121 OF, AND ADDING ARTICLE XXII (MOBILE FOOD TRUCKS ON PRIVATE PROPERTY) TO, CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING REGULATIONS RELATING TO THE OPERATION OF MOBILE FOOD TRUCKS ON PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and, declares as follows: A. On March 17, 2020, the City Council proclaimed the existence of a local emergency to ensure the availability of mutual aid and support an effective response to the novel coronavirus ("COVID-19") pandemic. B. On May 28, 2020, the City Manager, acting as Director of Emergency Services, approved Executive Order No. 5-2020 allowing restaurants and retail businesses to temporarily use public and private sidewalks and parking spaces for outdoor dining and retail operations to help stimulate the economy. In addition, the City Manager issued and published written guidelines ("A Guide for Outdoor Business Operations") providing guidance and safety measures for businesses to implement. C. On July 7, 2020, the City Council approved Resolution No. 2020-055, which temporarily allowed food vending vehicles to use private properties for vending activities and updated the Guide for Outdoor Business Operations to include guidance and safety measures for the operation of food vending vehicles on private properties. D. On June 1, 2021, the City Council adopted Resolution No. 2021-29 extending Executive Order No. 5-2020 for a period of one year from the date on which the State moved beyond the Blueprint for a Safer Economy. E. On June 15, 2021, the State moved beyond the Blueprint for a Safer Economy. F. On July 11, 2022, the City Manager, acting as Director of Emergency Services, approved Executive Order No. 18-2022 allowing the continued operation of food vending vehicles on private property until December 31, 2022. In addition, City Council directed staff to evaluate best practices and present City Council with options and recommendations on permanent regulations for food vending vehicles on private property prior to City COunp cemoer i , zuzz. 9 —11 12/20/2022 Ordinance No. NS-XXXX Page 1 of 9 G. The proposed amendments to the Santa Ana Municipal Code (SAMC) support the objectives and policies of the City's General Plan. H. On November 14, 2022, the Planning Commission held a duly -noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard, and recommended approval of the ordinance to the City Council. On December 6, 2022, the City Council held a duly -noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard. Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 3. Section 41-121 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-121. — Mobile Food Truck. Mobile Food Truck means a motorized vehicle or mobile food unit. licensed by the California Department of Motor Vehicles, designed and equipped to prepare, serve, and sell food and/or non-alcoholic beverages. For purposes herein, the term "food" shall mean fruit, meat, vegetables, or other nutritious substance, dispensed in prepared, packaged or other form suitable for immediate ingestion or consumption by human beings. "Mobile Food Truck" shall not include a trailer or any wagon or pushcart, either propelled or drawn by motorized or other force, or any other vehicle incidentally used for dispensing food. Section 4. Article XXII (Mobile Food Trucks on Private Property) to Chapter 41 of the SAMC is hereby added in its entirety to read as follows: ARTICLE XXII. — MOBILE FOOD TRUCKS ON PRIVATE PROPERTY Sec. 41-2300. — Purpose. The purpose and intent of this Article is to create a streamline administrative permit process allowing mobile food trucks to operate on private property in order to provide entrepreneurial opportunities for small businesses to operate in the City and benefit the community by providing gourmet and fast food services to the City residents, workers, and visitors, and to establish regulations that ensure mobile food trucks are operated in a safe manner and do not create a public nuisance. Sec. 41-2301. — Applicability. (a) The provisions of this Article shall apply to all mobile food trucks operating on private property, unless exempted by Section 41-2305(b). Mobile food trucks may operate on City owned property with prior written consent and approval by the City Manager or designee and shall be subject to the provisions of this Article as doomod apprQpriato by tho City 5A er nr dosigAIRIP City Council 9 — 12 12/20/2022 Ordinance No. NS-XXXX Page 2 of 9 (b) The provisions of this Article do not apply to any of the following: (1) Mobile food trucks operating in the public right-of-way subject to the provisions of Article XIV (Food Vending Vehicles) of Chapter 36 (Traffic) of the SAMC. (2) Mobile food trucks operating in conjunction with any city -sponsored event where the operator of the mobile food truck is operating pursuant to a valid contract with the City. (3) Mobile food trucks operating in conjunction with an approved land use certificate and/or special event permit for temporary outdoor activities. (4) Mobile food trucks operating in a construction site (site with a valid building or grading permit) or business which does not vend to the general public during the time on the site and does not conduct operations on any single private property for more than forty-five (45) minutes. (c) The provisions of this Article are not intended to provide exclusive regulation of the operation of mobile food trucks on private property. Mobile food trucks shall comply with all applicable state and federal laws and all local regulations imposed in other articles of this Chapter and other city ordinances, unless explicitly exempted under this Article. Should a conflict exist between the provisions of this Article and the provisions of other articles of this Chapter, the provisions of this Article shall prevail, unless otherwise determined by the Executive Director of the Planning and Building Agency. Sec. 41-2303. — Application, Permit, and Review Requirements. (a) No mobile food truck shall operate on private property without obtaining approval of an administrative mobile food truck application and permit as established by the Executive Director of the Planning and Building Agency. Approval of the mobile food truck permit shall be granted only to the business owner/operator of the mobile food truck that holds a valid City business license and a health permit from the County of Orange Health Care Agency. (b) An approved permit for a mobile food truck shall be renewed on an annual basis on the anniversary date of the original approved permit. An application for renewal shall be submitted to the Planning and Building Agency no later than sixty (60) days prior to the expiration of the approved permit. (c) The business owner/operator of the mobile food truck shall maintain and store a copy of the mobile food truck permit within the mobile food truck and shall present the permit, upon request, to a city police officer, code enforcement officer, or any other person designated by the City to enforce this Article. City Council 9 — 13 12/20/2022 Ordinance No. NS-XXXX Page 3 of 9 Sec. 41-2304. — Zone Requirements. Mobile food trucks may operate on private property, as an ancillary use, that is zoned as mixed use, professional, commercial, or industrial, and all specific development and specific plan areas that have similar zones which allow for similar uses. Sec. 41-2305. — Property and Location Requirements. Mobile food trucks may only operate on private property that comply with the following property and location requirements: (a) The private property is located along an arterial street, as identified in the Mobility Element of the General Plan. (b) The private property is developed in accordance with the development standards of this Chapter for the primary use(s) and the zoning designation of the property. Mobile food trucks may operate on a nonconforming site only if the following conditions are satisfied, as deemed appropriate by the Executive Director of the Planning and Building Agency: (1) All signage on the building(s) and site shall be brought into conformity with the requirements of this Chapter; (2) Landscaping shall be improved to bring the site closer into compliance with the landscaping requirements of this Chapter; (3) Parking areas in poor condition shall be improved and maintained in accordance with Section 41-1304 of this Chapter; (4) Bicycle parking shall be provided in accordance with Section 41-1307.1 of this Chapter. (5) Building(s) on the site shall be repainted as need; and/or (6) A trash enclosure in accordance with this Chapter shall be constructed or rehabilitated if one is already built on site. (c) The private property is not a stand-alone parking lot or undeveloped vacant property. (d) The private property is not developed as a service or gas station. (e) The private property does not contain a legally established eating establishment and/or is not located within three hundred (300) feet, as measured from the outermost boundary of the property, of a lot that contains a legally established eating establishment and which operates during the proposed mobile food truck hours of operation. If an eating establishment is established within this separation requirement subsequent to the mobile food truck being approved, nothing shall prohibit the mobile food truck from continuing to operate at the approved location. City Council 9 — 14 12/20/2022 Ordinance No. NS-XXXX Page 4 of 9 Sec. 41-2306. — Minimum Lot Area and Maximum Number of Mobile Food Trucks Per Lot Area. A minimum lot size of ten thousand (10,000) square feet is required and no more than one (1) mobile food truck per 10,000 square feet of lot area or integrated development site area, as defined in Section 41-83.5 of this Chapter, shall be allowed. However, in no event shall more than three (3) mobile food trucks be allowed to operate on a single lot or integrated development site. Sec. 41-2307. — Operational Standards. All mobile food trucks operating within private property shall comply with the following operational standards: (a) Mobile food trucks shall comply with all applicable federal, state, and local laws, ordinances and regulations including, without limitation, state food labeling and preparation requirements, fire codes and regulations, and Americans with Disabilities Act (ADA) and regulations. (b) Mobile food trucks shall not operate before 6:00 p.m. or after 2:00 a.m., including set-up and clean-up. If operating within two hundred (200) feet of a residential zone or property used for residential purposes, the mobile food truck shall not operate after 10:00 p.m. on Sunday through Thursday and 11:59 p.m. on Friday and Saturday. (c) Mobile food trucks shall not be parked or stored overnight on the permitted vending site. (d) Mobile food trucks shall only be parked and operate from the area approved on the site plan by the Planning and Building Agency. (e) Mobile food trucks shall only occupy parking spaces not required to meet the minimum parking requirements of the primary use(s) on the property per Article XV (Off -Street Parking) of this Chapter. This requirement does not apply if the hours of operation for the mobile food truck and primary use(s) do not coincide. However, in no case shall a mobile food truck and its operations occupy more than twenty -five -percent (25%) of the entire parking area. If multiple mobile food trucks operate on a lot, then no more than fifty -percent (50%) of the entire parking area shall be occupied. (f) The outdoor dining area shall comply with corner and driveway obstruction line - of -sight standards, as modified from time to time. (g) A minimum of one (1) permanent and accessible public restroom shall be provided on -site and within fifty (50) feet of the mobile food truck and shall be available for use by the employees and customers of the mobile food truck during all hours of operation. Portable restrooms are prohibited to satisfy this requirement. City Council 9 — 15 12/20/2022 Ordinance No. NS-XXXX Page 5 of 9 (h) A maximum three hundred fifty (350) square -foot, uncovered seating area, may be provided to serve the patrons of the mobile food truck. The seating area may consist of portable chairs, tables, canopies, and barricades which shall be removed prior to closure of the mobile food truck. The seating area shall be located in an area of the site that does not interfere or obstruct any landscape, parking stalls, driveways and circulation, walkways, or fire lanes and hydrants. (i) No part of the mobile food truck operations, including seating and equipment, shall encroach onto the public sidewalk or street. The mobile food truck operator shall manage customer queuing and ensure pedestrian accessibility is maintained. (j) At minimum, two (2) waste receptacles shall be provided on -site and adjacent to the mobile food truck during all hours of operations and shall be removed prior to the closure of the mobile food truck. (k) Litter generated by the mobile food truck and its patrons, within a fifty (50) foot radius of the mobile food truck, shall be removed prior to the closure of the mobile food truck and disposed at an approved commissary. (1) Lighting shall be provided during hours of darkness to ensure customer safety. Lighting shall not create glare and shall be directed downward and away from adjacent properties. (m) The mobile food truck and its operations shall at all times comply with the noise provisions pursuant to Section 10-153 of Chapter 10 of the SAMC. (n) Mobile food truck operators shall be responsible for controlling smoke and odors caused by the mobile food truck and its operations. (o) No signage other than that exhibited on the mobile food truck may be displayed. (p) No alcoholic beverages shall be served or sold by the mobile food truck. (q) No mobile food truck shall cause or dispose of oil or grease on the lot. Wastewater generated on -site shall not be released on -site or into the storm drainage system. (r) The mobile food truck shall be entirely self-sufficient in regards to gas, water, and wastewater. The use of generators (i.e. portable or vehicle mounted) to supply electricity to the mobile food truck and its operations is prohibited. A mobile food truck shall utilize an electrical connection to maintain power. The electrical connection shall be approved by the Planning and Building Agency and shall be installed adjacent to the mobile food truck and in a manner that does not create a public safety hazard. City Council 9 — 16 12/20/2022 Ordinance No. NS-XXXX Page 6 of 9 Sec. 41-2308. — Enforcement, Modification, Revocation and Termination of Mobile Food Truck Permit. (a) It is unlawful for any property owner, business owner, operator, tenant, or other person in control of property within the city for which the provisions set forth in this Article apply, to operate a mobile food truck without a mobile food truck permit, or to fail to comply with each and every condition of that mobile food truck permit. (b) Each and every violation of this Article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the SAMC. Additionally, as a nuisance per se, any violation of this Article shall be subject to injunctive relief, revocation of the mobile food truck permit, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney's fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the mobile food truck permittee and persons related or associated with the business. (c) When an authorized City of Santa Ana representative finds that any of the provisions of this Article have been violated or that any of the following findings of fact can be made, the Executive Director of the Planning and Building Agency, or its designee, may revoke, suspend, or modify the mobile food truck permit: (1) The mobile food truck permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application; (2) One (1) or more of the requirements of the mobile food truck permit have not been substantially fulfilled or have been violated; (3) The mobile food truck and its operations authorized in compliance with the mobile food truck permit are in violation of any code, law, ordinance, regulation or statute of the city, state or federal government; or (4) The mobile food truck and its operations authorized in compliance with the mobile food truck permit have become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance. (d) No such revocation shall become effective until the mobile food permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provision of Chapter 3 of the SAMC. If a timely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the SAMC. Otherwise, the revocation shall become effective after the time for appeal has passed. (e) A mobile food truck permit shall be terminated if the mobile food truck permit is not ranaxniarl p irci iant to Rarrtinn 41-9�fl'1 of this Artirla City Council 9 — 17 12/20/2022 Ordinance No. NS-XXXX Page 7 of 9 Section 5. The City Council may, by resolution, establish a fee for the administrative mobile food truck permit required by this ordinance. The City Council shall from time to time by resolution adopt a schedule of fees to be charged. Section 6. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2022-99, will be filed upon adoption of this ordinance. Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 8. This Ordinance shall become effective thirty (30) days after its adoption. Section 9. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of )2022. APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: 4K/w -Ft-v� John M. Funk Chief Assistant City Attorney Mayor City Council 9 — 18 12/20/2022 Ordinance No. NS-XXXX Page 8 of 9 AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2022 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 City Council 9-19 12/20/2022 Ordinance No. NS-XXXX Page 9 of 9 Finance and Management Services www.santa-ana.org/departments/finance/ Item # 10 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Quarterly Report of Contracts Awarded by the City Manager AGENDA TITLE: Receive and file Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $250,000 for Public Works authorized by the City Manager as permitted by Charter Section 421 RECOMMENDED ACTION Receive and file Quarterly Report of Contracts entered into between July 1, 2022 to September 30, 2022, valued at up to $50,000 for non-public works contracts and agreements and up to $250,000 for public works contracts and agreements. DISCUSSION Section 421 of the Charter requires the City Manager to submit a Quarterly Report (Report) to the City Council disclosing all contracts approved and executed under her authority for informational purposes. The Report is required to include the names of the contractors and the amounts of each contract along with a brief description. Section 2-748 provides the City Manager contracting authority to enter into non-public works contracts and agreements up to $50,000 and public works contracts and agreements up to $250,000. Exhibit 1 is a listing of all purchase orders and agreements entered into during the period July 1, 2022 to September 30, 2022, valued at amounts between $500 and $50,000 for Non -Public Works and up to $250,000 for Public Works contracts and agreements. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 10 — 1 12/20/2022 Quarterly Report of Contracts Awarded by the City Manager December 20, 2022 Page 2 EXHIBIT(S) 1. Quarterly Report of Contracts — July 1, 2022 — September 30, 2022 Submitted By: Kathryn Downs, Executive Director of Finance and Management Services Approved By: Kristine Ridge, City Manager City Council 10 — 2 12/20/2022 EXHIBIT 1 Quarterly Report of Contracts: July 1, 2022 to September 30, 2022 No. Date Vendor Name Type Number Agency Amount Description 1 07/01/22 AAA ELECTRIC MOTOR SALES BOC 7533 PWA $ 20,000.00 ELECTRIC MOTOR REPAIRS 2 07/01/22 ALANS LAWNMOWER & GARDE BOC 7441 CITYWIDE $ 20,000.00 LANDSCAPE EQUIPMENT & REPAIR 3 07/01/22 ALLIED REFRIGERATION INC BOC 7414 PWA $ 7,500.00 REFRIGERATION PARTS AND REPAIR 4 07/01/22 ALTA BAJA MARKET BOC 7493 CITYWIDE $ 5,000.00 FOOD FOR EVENTS & MEETINGS 5 07/01/22 ARC DOCUMENT SOLUTIONS BOC 7435 CITYWIDE $ 20,000.00 REPROGRAPHIC SERVS & TONER 6 07/01/22 AUTONATION FORD TUSTIN BOC 7476 PWA $ 20,000.00 VEHICLE MAINT REPAIR PARTS/MATERIALS 7 07/01/22 AZTEC CONTAINER BOC 7537 PWA $ 5,000.00 STORAGE CONTAINER RENTAL SERVICES 8 07/01/22 BAT JAC GLASS INC BOC 7552 CITYWIDE $ 15,000.00 GLASS REPAIRS & EMERGENCY BOARD -UP SVCS 9 07/01/22 BRISTOL SPEEDWASH INC BOC 7458 CITYWIDE $ 10,000.00 VEHICLE WASHES & DETAILS 10 07/01/22 BSN SPORTS LLC BOC 7447 CITYWIDE $ 5,000.00 SPORTS EQUIPT AND SUPPLIES 11 07/01/22 CHANDLERS AIR CONDITIONING BOC 7445 CITYWIDE $ 5,000.00 APPLIANCES REPAIR & MAINTENANCE 12 07/01/22 CHATTEL INC AG N-2022-194 PBA $ 20,000.00 HISTORIC PRESERVATION SERVS 13 07/01/22 CREATIVE SIGN INC BOC 7608 CITYWIDE $ 25,000.00 DECALS, STRIPING, NUMBERS & STICKERS 14 07/01/22 CURLEY WHOLESALE ELECTRIC BOC 7421 CITYWIDE $ 20,000.00 ELECTRICAL SUPPLIES 15 07/01/22 CYBER SECURITY SOURCE BOC 7502 CITYWIDE $ 10,000.00 LOCKSMITH & CYBER LOCK REPAIRS 16 07/01/22 DIAMOND ENVIRONMENTAL SERVICES BOC 7528 CITYWIDE $ 20,000.00 PORTABLE RESTROOM RENTAL SERVICES 17 07/01/22 DISCOUNT SCHOOL SUPPLY BOC 7583 PRCS $ 5,000.00 EDUCATIONAL MATERIALS FOR ZOO COMMUNITY COUNTS PROG 18 07/01/22 DUNCAN PARKING TECHNOLOGIES BOC 7524 CDA $ 10,000.00 PARKING METER PARTS 19 07/01/22 EWING IRRIGATION PRODUCTS INC BOC 7411 CITYWIDE $ 20,000.00 IRRIGATION SUPPLIES 20 07/01/22 FIREHOUSE SUBS BOC 7614 CITYWIDE $ 5,000.00 FOOD FOR EVENTS & MEETINGS 21 07/01/22 FIREMASTER BOC 7440 CITYWIDE $ 20,000.00 FIRE EXTINGUISHER SERVICE & PARTS 22 07/01/22 GHAIS TREE SERVICE BOC 7611 PRCS $ 25,000.00 TREE & STUMP REMOVAL SERVICES 23 07/01/22 H.L. MILLER INC BOC 7532 PWA $ 25,000.00 GENERAL CONSTRUCTION REPAIRS 24 07/01/22 HCI SYSTEMS INC BOC 7522 POL $ 25,000.00 FIRE ALARM TESTING INSPECTION & REPAIRS 25 07/01/22 HILLS BROS LOCK & SAFE INC BOC 7526 CITYWIDE $ 20,000.00 LOCKSMITH & REPAIR SERVICES 26 07/01/22 HINGEWERKS COMMERCIAL DOORS BOC 7417 PWA $ 15,000.00 OVERHEAD DOOR EMERGENCY 27 07/01/22 HORIZON DISTRIBUTORS, INC. BOC 7633 PRCS $ 20,000.00 LANDSCAPE & IRRIGATION SUPPLIES 28 07/01/22 HYDROBLAST BOC 7523 PRCS $ 20,000.00 PRESSURE WASHING SERVICES 29 07/01/22 I INITIAL BOC 7550 CITYWIDE $ 25,000.00 SCREENPRINTING, CLOTHING EMBOIDERY 30 07/01/22 IRVINE PIPE & SUPPLY INC BOC 7425 CITYWIDE $ 20,000.00 PLUMBING SUPPLIES 31 07/01/22 1P GLASS & MIRROR BOC 7418 PWA $ 5,000.00 GLASS REPAIRS & TINTING 32 07/01/22 KLUG AUTOMATION INC BOC 7645 POL $ 25,000.00 ELECTRONIC SYSTEMS SERVS & PARTS 33 07/01/22 LAYNE LABORATORIES, INC. BOC 7609 PRCS $ 10,000.00 FROZEN MICE & RATS FOR SANTA ANA ZOO 34 07/01/22 LONG BEACH BMW MOTORCYC BOC 7494 PWA $ 5,000.00 MOTORCYCLE REPAIRS & PARTS 35 07/01/22 LOWES HOME CENTERS BOC 7426 CITYWIDE $ 20,000.00 CONSTRUCTION MATERIALS, HARDWARE, LUMBER 36 07/01/22 MAKO OVERHEAD DOOR INC BOC 7531 CITYWIDE $ 25,000.00 OVERHEAD DOOR MAINTENANCE 37 07/01/22 MCFADDEN-DALE HARDWARE BOC 7427 CITYWIDE $ 20,000.00 HARDWARE SUPPLIES 38 07/01/22 MCMASTER CARR SUPPLY CO BOC 7428 CITYWIDE $ 17,500.00 INDUSTRIAL& MATERIAL SUPPLIES 39 07/01/22 MCVICKER & ASSOCIATES BOC 7448 CITYWIDE $ 10,000.00 PROMOTIONAL & SCREENPRINTED ITEMS 40 07/01/22 MEALS ON WHEELS ORANGE COUNTY AG N-2022-206 PRCS $ 50,000.00 CONGREGATE & HOME DELIVERED MEAL PROGRAM 41 07/01/22 METROPRO ROAD SERVICES BOC 7437 PWA $ 20,000.00 TOWING SERVICES 42 07/01/22 MUNICIPAL MAINTENANCE BOC 7410 PWA $ 7,500.00 AUTO & HEAVY VEHICLE PARTS & MAINTENANCE 43 07/01/22 MUTUAL PROPANE BOC 7456 PWA $ 20,000.00 PROPANE FUEL AS NEEDED 44 07/01/22 NATHAN T WRIGHT AG N-2022-189 PWA $ 50,000.00 CUSTOM ILLUSTRATION PROJECT SERVICES Page 1 bsp; City Council &nbsp;10 &ndash;&nbsp;3 12/20/2022 &nbsp; No. Date Vendor Name Type Number Agency Amount Description 45 07/01/22 NIKKI'S FLAG SHOP BOC 7454 CITYWIDE $ 2,500.00 MISCELLANEOUS FLAGS 46 07/01/22 PACIFIC MOBILE STRUCTURES INC BOC 7581 PRCS $ 5,000.00 TRAILER LEASE FOR THE Z00 47 07/01/22 PL HAWN CO INC BOC 7439 PWA $ 15,000.00 HVAC FILTERS 48 07/01/22 PLAYERS CHOICE BOC 7431 CITYWIDE $ 25,000.00 AWARDS, TROPHIES & PLAQUES 49 07/01/22 PVP COMMUNICATIONS BOC 7588 POL $ 12,000.00 MOTOR HELMET & HELMET KIT INSTALL 50 07/01/22 PYRO-COMM SYSTEMS BOC 7516 CITYWIDE $ 13,000.00 FIRE ALARM MONITORING SVCS & REPAIRS 51 07/01/22 RPW SERVICES INC BOC 7535 PWA $ 25,000.00 WEED SPRAYING SERVICES 52 07/01/22 SC SIGNS AND SUPPLIES LLC BOC 7432 CITYWIDE $ 25,000.00 SPECIAL ORDER SIGNS 53 07/01/22 SELECT TRENCHLESS PIPEL BOC 7536 PWA $ 20,200.00 SEWER LATERAL LINING SERVICES 54 07/01/22 SITEONE LANDSCAPE SUPPLY INC BOC 7401 CITYWIDE $ 25,000.00 NURSERY SUPPLIES & PLANTS 55 07/01/22 SMARDAN SUPPLY BOC 7402 CITYWIDE $ 5,000.00 PLUMBING SUPPLIES 56 07/01/22 SMARTSIGN BOC 7449 PWA $ 5,000.00 SAFTEY INFORMATION SUPPLIES 57 07/01/22 TAB ANSWER NETWORK BOC 7446 FMS $ 2,000.00 PHONE ANSWERING SERVICES 58 07/01/22 TOWNSEND SELF STORAGE BOC 7501 PBA $ 7,500.00 STORAGE UNIT RENTAL SERVICES 59 07/01/22 USA BLUEBOOK BOC 7496 PWA $ 5,000.00 MISCELLANEOUS PARTS FOR WATER 60 07/01/22 VORTEX INDUSTRIES INC BOC 7534 PWA $ 10,000.00 DOOR REPAIRS AT WATER RES FACILITIES 61 07/01/22 WALTERS WHOLESALE ELECTRIC CO BOC 7443 CITYWIDE $ 20,000.00 LAMPS, BALLASTS, MISC SUPP 62 07/01/22 WAXIE SANITARY SUPPLY BOC 7404 CITYWIDE $ 15,000.00 JANITORIAL SUPPLIES 63 07/01/22 WEST COAST LIGHTS AND SIRENS BOC 7646 PWA $ 20,000.00 PARTS & LABOR - PD VEHICLES 64 07/01/22 WHITE CAP CONSTRUCTION SUPPLY BOC 7406 CITYWIDE $ 20,000.00 CONSTRUCTION MATERIALS, TOOLS, HARDWARE, & SUPPLIES 65 07/01/22 WILLSCOT BOC 7615 PWA $ 25,000.00 MOBILE OFFICE & RESTROOM RENTAL SERVICES 66 07/05/22 KAJEET INC. AG N-2022-186 LIB $ 1,702.83 SMARTBUS BOOKMOBILE PILOT SERVICE AGREEMENT 67 07/06/22 360 CIVIC, INC AG N-2022-187 IT $ 50,000.00 ON -CALL WEB SERVICES 68 07/06/22 AEF SYSTEMS CONSULTING, INC. AG N-2022-245 PRCS $ 50,000.00 CONSULTANT FOR ZOO TICKET/CIVIC REC SOFTWARE 69 07/07/22 ARGO ENTERPRISES INC. dba UNISHIELD AG N-2022-188 PWA $ 25,000.00 FIRST AID SUPPLIES AND SAFETY SERVICES 70 07/07/22 BORDERLAN SECURITY PO 125107 IT $ 2,653.00 ADDITIONAL LICENSES: CROWDSTRIKE 71 07/07/22 NATHAN T WRIGHT ILLUSTRATION, LLC AG N-2022-189 PWA $ 50,000.00 CUSTOM ILLUSTRATION PROJECT SERVICES 72 07/08/22 GET CPR CERTIFIED AG N-2022-197 PRCS $ 25,000.00 RECREATION CLASS INSTRUCTOR -CPR CERTIFICATION 73 07/11/22 CDW GOVERNMENT INC PO 125111 IT $ 7,157.50 SOFTWARE RENEWAL: TREND MICRO 74 07/11/22 WALTERS WHOLESALE ELECTRIC CO PO 125109 PWA $ 1,054.04 AAA ALKALINE BATTERIES 75 07/12/22 ADAMSON POLICE PRODUCTS PO 125113 POL $ 5,842.97 SIMUNITIONS HELMET- BLUE 76 07/12/22 B&H PHOTO VIDEO PO 125112 PWA $ 550.40 KEYBOARD+ MOUSE COMBO 77 07/12/22 B&H PHOTO VIDEO PO 125114 HR $ 2,147.42 ID CARD PRINTER 78 07/13/22 ASSOCIATED BAG COMPANY PO 125120 POL $ 1,659.32 16"X12"X35" UNPRINTED PAPER BAGS 79 07/13/22 CLEARTEC PACKAGING PO 125118 POL $ 999.42 CLEAR PLASTIC TUBE - PACKAGING 80 07/13/22 GREENFIELDS OUTDOOR FITNESS PO 125121 PRCS $ 1,638.75 FOOT RESTS & RUBBER HAND GRIPS - GARFIELD PARK 81 07/13/22 IDENTITY AUTOMATION LP PO 125116 POL $ 13,394.50 MULTI FACTOR AUTHENTICATION ANNUAL RENEWAL 82 07/13/22 LYNN PEAVEY COMPANY PO 125119 POL $ 2,067.41 EVIDENCE TAPE, RED 83 07/13/22 MSA SYSTEMS INC PO 125117 POL $ 1,442.76 WAX RIBBON CARTRIDGES 84 07/13/22 SHOWTIME DANCE ACADEMY, INC. AG N-2022-190 PRCS $ 25,000.00 DANCE CLASSES CONSULTING SERVICES 85 07/14/22 PLAYPOWER LT FARMINGTON INC PO 125124 PRCS $ 1,306.34 ANTI WRAPS FOR SWING SEATS- DELHI PARK 86 07/15/22 ALLIANCE CONSULTING SERVICES AG N-2022-210 PWA $ 49,500.00 RIGHT-OF-WAYADMIN CONSULTANT 87 07/15/22 BRITTANY PEREZ AG N-2022-204 PRCS $ 25,000.00 RECREATION CLASS INSTRUCTOR -DANCE FITNESS 88 07/15/22 GOVCONNECTION INC PO 125126 IT $ 6,513.02 SOFTWARE RENEWAL: RED HAT 89 07/15/22 SCENTURION K9 CONSULTING PO 125127 POL $ 2,400.00 K-9 ANNUAL MAINTENANCE TRAINING 90 07/18/22 CHATTEL, INC AG N-2022-194 PBA $ 20,000.00 HISTORIC RESOURCES SERVICES 91 07/18/22 TOTAL IMAGING SOLUTIONS LLC PO 125129 LIB $ 935.00 MICRO FILM SCANNER SERVICE RENEWAL 92 07/19/22 CB PACIFIC INC PO 125132 POL $ 7,439.37 GE DIGITAL SOFTWARE RENEWAL Page 2 dilbsp; 1ty Council &nbsp;10 &ndash;&nbsp;4 12/20/2022 &nbsp; No. Date Vendor Name Type Number Agency Amount Description 93 07/19/22 DAVE BANG ASSOCIATES INC PO 125134 PRCS $ 2,428.57 PLAYGROUND EQUIPMENT- BRIDGE PLANK 94 07/19/22 NETXPERTS INC PO 125133 IT $ 18,214.72 MAINT. RENEWAL: CISCO SMARTNET 95 07/20/22 COAST RECREATION INC PO 125136 PRCS $ 813.49 PLAYGROUND EQUIPMENT (SLIDE PARTS)- BOMO KORAL 96 07/20/22 GET CPR CERTIFIED AG N-2022-197 PRCS $ 25,000.00 CPR/AED CLASSES CONSULTING SERVICES 97 07/20/22 INTERNATIONAL CODE COUNCIL INC PO 125135 PBA $ 1,095.22 2021 INT. PROPERTY MAINT. BOOK 98 07/20/22 THANH THUY VO dba THUY VO DANG AG N-2022-198 LIB $ 250.00 SPEAKER/PERFORMER SERVICES 99 07/21/22 COAST RECREATION INC PO 125137 PRCS $ 1,667.29 SLIDE ENTRANCE EQUIPMENT- EDNA PARK 100 07/26/22 QUADIENT INC. PO 125140 FMS $ 2,128.72 MAIL MACHINE ANNUAL SOFTWARE SUPPORT & MAINT 101 07/26/22 ROD -WEST FLOORING COVERING LLC PO 125142 PWA $ 77,016.23 FLOORING REPLACEMENT- CITY YARD BLDG A 102 07/26/22 SUPERIOR PROPERTY SERVICES, INC. AG N-2020-082-01 CDA $ 10,250.00 ANTI -GRAFFITI COATING SERVICES 103 07/27/22 B&H PHOTO VIDEO PO 125143 HR $ 832.20 SOUND LECTERN 104 07/27/22 BATJAC GLASS INC PO 125145 PWA $ 6,989.80 WINDOW BOARD UP SERVICES - CORBIN/SOUTHWEST SENIOR CTR 105 07/27/22 CONTRACTSAFE LLC PO 125148 PWA $ 3,588.00 CONTRACT MANAGEMENT SOFTWARE RENEWAL 106 07/27/22 G&S CARPET MILLS INC PO 125144 PWA $ 3,950.00 FLOORING REPLACEMENT IN COUNCIL CHAMBERS 107 07/27/22 LN CURTIS & SONS INC PO 125147 POL $ 2,232.22 BALLISTIC PLATE 108 07/28/22 CHINOOK MEDICAL GEAR INC PO 125149 POL $ 21,275.78 CUSTOM INDIVIDUAL FIRST AID KITS 109 07/28/22 NATIONAL TESTING NETWORK AG N-2022-125-01 POL $ 2,250.00 POLICE RECRUITMENT SERVICES 110 07/29/22 B&H PHOTO VIDEO PO 125153 PRCS $ 713.49 POSTER PAPER 111 07/29/22 BOOMERS IRVINE PO 125152 PRCS $ 2,347.22 ADMISSION TICKETS 112 07/29/22 HCI SYSTEMS INC PO 125154 POL $ 595.00 PD BUILDING ACCESS CARDS 113 07/29/22 SAFETYCULTURE PTY LTD PO 125151 PWA $ 4,332.00 SAFETY INSPECTION SOFTWARE ANNUAL FEE 114 08/01/22 ADVANCED ALARM & FIRE INC. BOC 7566 PRCS $ 8,000.00 FIRE & SECURITY ALARM SERVICES AND MAINTENANCE 115 08/01/22 B&H PHOTO VIDEO PO 125155 POL $ 4,973.56 TRIPOD SYSTEM 116 08/01/22 BARNES UPHOLSTERY INC BOC 7546 PWA $ 7,500.00 VEHICLE UPHOLSTERY REPAIRS 117 08/01/22 JENDCO SAFETY SUPPLY PO 125156 PWA $ 587.52 TRIPOD STANDS 118 08/01/22 KIMBALL MIDWEST BOC 7554 PWA $ 15,000.00 FLEET FASTENERS, HARDWARE 119 08/01/22 LESLIES SWIMMING POOL SUPPLIES BOC 7582 PRCS $ 6,500.00 POOL MAINT CHEMICALS & SUPPLIES 120 08/01/22 MAKAI SOLUTIONS BOC 7596 PWA $ 10,000.00 HYDRAULIC LIFT REPAIR 121 08/01/22 PACIFIC COAST ENTERTAINMENT BOC 7568 PWA $ 5,000.00 GEL SHEETS FOR WATER TANK LIGHTING 122 08/01/22 POM INCORPORATED PO 125157 CDA $ 7,101.26 PARKING METER VICTORIAN SLEEVES 123 08/02/22 CHERUB EXECUTIVE SERVICES AG N-2022-164-01 PRCS $ 25,000.00 SECURITY SERVICES 124 08/02/22 COMMUNITY SENIORSERV, INC. AG N-2022-206 PRCS $ 50,000.00 MEALS ON WHEELS FOR SENIOR MEAL PROGRAMS 125 08/02/22 MCCS-MARINE CORPS COMMUNITY SERVICES AG N-2022-205 POL $ 450.00 SPONSORSHIP AGREEMENT 126 08/02/22 PEREZ, BRITTANY LOUISE AG N-2022-204 PRCS $ 25,000.00 GOR DANCE FITNESS CLASS INSTRUCTION 127 08/02/22 RON TURLEY ASSOCIATES INC PO 125159 PWA $ 3,000.00 FLEET SOFTWARE UPGRADE -CUSTOM REPORTS 128 08/03/22 ALLIANCE CONSULTING SERVICES INC. AG N-2022-210 PWA $ 49,500.00 REAL ESTATE AND RIGHT-OF-WAY COORDINATION SERVICES 129 08/03/22 COLON, ALEJANDRA AG N-2022-207 CMO $ 50,000.00 CITY COUNCIL AIDE 130 08/03/22 LAM, DUSTIN AG N-2022-209 CMO $ 15,000.00 CITY COUNCILAIDE 131 08/03/22 PHAM,MINH AG N-2022-208 CMO $ 10,000.00 CITY COUNCILAIDE 132 08/04/22 ELITE SPECIAL EVENTS, INC. AG N-2022-211 PRCS $ 31,950.00 EQUIPMENTAND STAFFING SERVICES 133 08/04/22 THE FRIDA CINEMA AG N-2022-212 PRCS $ 22,660.00 OUTDOOR MOVIE SERVICES 134 08/09/22 ANKURA CONSULTING GROUP, LLC AG N-2022-215 CAO $ 50,000.00 ENGAGEMENT LETTER 135 08/09/22 HCI SYSTEMS INC PO 125162 PWA $ 19,740.00 FIRE STATION 71 SPRINKLER REPAIR 136 08/09/22 ROBERTO ZAVALA dba COSMOS EVENT RENTALS AG N-2022-214 LIB $ 32,000.00 EVENT EQUIPMENT RENTAL SERVICES 137 08/09/22 SIGN-A-RAMA PO 125163 PWA $ 686.93 POSTERS -TEMPORARY NO PARKING 138 08/11/22 BAY AREA DRIVING SCHOOL AG N-2022-219 PRCS $ 25,000.00 ONLINE DRIVING CLASSES 139 08/11/22 BEST WAY LAUNDRY SOLUTIONS PO 125166 POL $ 32,189.60 COMMERICAL WASHING MACHINE FOR JAIL 140 08/11/22 QUADIENT INC. PO 125165 FMS $ 1,055.84 MAIL INSERTER MAINTENANCE AGREEMENT Page 31bsp; 1ty Council &nbsp;10 &ndash;&nbsp;5 12/20/2022 &nbsp; No. Date Vendor Name Type Number Agency Amount Description 141 08/12/22 CABLESANDKITS.COM PO 125168 IT $ 8,491.33 NETWORK EQUIP: CISCO 3850 LAN SWITCHES-QTY. 2 142 08/12/22 CALIFORNIA MUNICIPAL STATISTIC PO 125171 FMS $ 550.00 COMPREHENSIVE ANNUAL FINAN RPT 143 08/12/22 DIVERSIFIED WHOLESALE GROUP, PO 125167 POL $ 573.13 DISPOSABLE FACE MASKS 144 08/12/22 MUNISERVICES /AVENU INSIGHTS PO 125170 FMS $ 1,360.00 COMPREHENSIVE ANNUAL FINANC RPT 145 08/12/22 THE VEST MAN PO 125169 POL $ 1,289.15 POLICE VEST- 11X4 READS POLICE 146 08/15/22 AMERICAN LIBRARY ASSOCIATION PO 125173 LIB $ 874.00 LIBRARY CARDS - BABYYODA 147 08/15/22 B&H PHOTO VIDEO PO 125179 LIB $ 961.62 CAMCORDER CASE SONY SCS-45 148 08/15/22 BAT JAC GLASS INC PO 125177 POL $ 8,788.90 GLASS DOOR & WINDOW REPLACEMENT 149 08/15/22 BIOBAG AMERICAS INC PO 125174 PRCS $ 7,246.31 32-GAL BID LINERS 150 08/15/22 JAMI CONSTRUCTION PO 125176 PWA $ 4,960.00 WALL/DOOR REMOVAL - CITY YARD 151 08/15/22 LC ACTION POLICE SUPPLY PO 125178 POL $ 4,996.52 DUTY GUN HOLSTERS 152 08/15/22 METRON-FARNIER LLC PO 125172 PWA $ 819.38 WATER METER ANTENNA 153 08/16/22 ANAHEIM RESTAURANT SUPPLIES PO 125181 POL $ 13,000.75 HOSHIZAKIICEMAKER - CUBE STYLE 154 08/16/22 BEETRONICS INC PO 125180 POL $ 1,024.38 CCTV MONITOR 10" FOR CONTROL ROOM 155 08/16/22 MERRITT STUDIO AG N-2022-224 PRCS $ 20,000.00 DESIGN SERVICES FOR ACTIVITY GUIDE 156 08/16/22 MERRITT STUDIO, U.C. AG N-2022-224 PRCS $ 20,000.00 DESIGN SERVICES 157 08/16/22 SUNSET SIGNS & PRINTING INC PO 125183 PWA $ 540.79 SARTC PARKING SIGNS (CITY 4) 158 08/17/22 BOBS BILLIARDS SERVICE PO 125186 PRCS $ 709.69 SASC POOL TABLE RENOVATION 159 08/17/22 KNOTTS BERRY FARM PO 125189 PRCS $ 4,160.84 ADMISSION TICKETS -TEEN EXCURSION PROGRAM 160 08/17/22 MIWALL CORPORATION PO 125188 POL $ 4,520.00 AMMO HORN 12GAUGE 10OPK 161 08/17/22 REBECA KING AG N-2022-226 PRCS $ 480.00 SPEAKER/PERFORMER SERVICES 162 08/17/22 ULINE INC PO 125187 PWA $ 3,318.35 4-STEP SAFETY LADDERS AND PLATFORM TRUCK 163 08/18/22 FELT RIGHT LLC PO 125190 HR $ 3,330.36 FELT ACOUSTIC PANELS 164 08/18/22 JAMI CONSTRUCTION PO 125192 PWA $ 4,945.00 DOORWAY RELOCATION - CITY YARD 2ND FLOOR 165 08/18/22 LEXISNEXIS RISK SOLUTIONS AG N-2021-101-01 POL $ 50,000.00 MASTER SERVICES AGREEMENT 166 08/18/22 TILLEY CRANE INSPECTION PO 125191 PWA $ 4,200.00 ANNUAL CERTIFICATION OF CRANES (14 UNITS) 167 08/20/22 THE CHARLES MACHINE WORKS INC. BOC 7629 PWA $ 25,000.00 SEWER LINING MATERIAL & SUPPLIES 168 08/22/22 B&H PHOTO VIDEO PO 125193 PWA $ 1,580.16 DOCUMENT SCANNER FUJITSU FI-7260 169 08/22/22 CPACINC.COM PO 125195 IT $ 5,435.00 SUBSCR RENEWAL: BARRACUDA 650 170 08/22/22 OUTDOOR CREATIONS INC PO 125197 PRCS $ 1,420.25 TRASH CAN LINERS 171 08/23/22 BATAAN, JOE AG N-2022-231 PRCS $ 8,920.00 LIVE PERFORMANCE AT CITY'S CHICANO HERITAGE FESTIVAL 172 08/23/22 CUMMINS-ALLISON CORP PO 125199 CDA $ 8,006.71 COIN COUNTING MACHINE 173 08/23/22 FUNK FREAKS BOUTIQUE, INC. AG N-2022-229 PRCS $ 1,000.00 LIVE PERFORMANCE AT CITYS CHICANO HERITAGE FESTIVAL 174 08/23/22 GARCIA, FRANCINE AG N-2022-230 PRCS $ 7,000.00 LIVE PERFORMANCE AT CITY'S CHICANO HERITAGE FESTIVAL 175 08/23/22 IAPMO PO 125198 PWA $ 577.39 2022 PLUMBING CODE BOOK 176 08/23/22 KAJEET INC PO 125201 POL $ 21,444.96 NETCLOUD MOBIL ESSENTIALS PLAN ANNUAL RENEWAL 177 08/23/22 THEE SINSEERS, LLC AG N-2022-228 PRCS $ 3,000.00 LIVE PERFORMANCE AT CITYS CHICANO HERITAGE FESTIVAL 178 08/24/22 COAST RECREATION INC PO 125204 PRCS $ 717.77 CHAIN LADDER/RAIL- ADAMS PARK 179 08/24/22 ESPARZA, SHARON AG N-2022-235 PRCS $ 1,100.00 LIVE PERFORMANCE AT CITYS CHICANO HERITAGE FESTIVAL 180 08/24/22 GRAND ENTERPRISES, U.C. AG N-2022-233 PRCS $ 3,500.00 LIVE PERFORMANCE AT CITYS CHICANO HERITAGE FESTIVAL 181 08/24/22 GUTIERREZ, ROBERTO dba LIGHTER SHADE OF BROWN AG N-2022-232 PRCS $ 3,500.00 LIVE PERFORMANCE AT CITYS CHICANO HERITAGE FESTIVAL 182 08/24/22 METROPRO ROAD SERVICES INC PO 125202 PWA $ 3,805.00 TOWING AND TIRE CHANGE SERVICES 183 08/24/22 MEYERS CONSTRUCTION CO PO 125206 PWA $ 10,660.00 OFFICE EXPANSION AND INSULATION ROSS ANNEX 184 08/24/22 PLAYPOWER LT FARMINGTON INC PO 125203 PRCS $ 1,245.57 GAME TABLE TOP AT ROSITA PARK 185 08/24/22 ROMO, ALYSSA dba VEL THE WONDER AG N-2022-234 PRCS $ 2,000.00 LIVE PERFORMANCE AT CITYS CHICANO HERITAGE FESTIVAL 186 08/29/22 B&H PHOTO VIDEO PO 125210 POL $ 1,486.07 CAMERA BATTERIES & ACCESSORIES 187 08/29/22 B&H PHOTO VIDEO PO 125211 POL $ 5,388.17 LIGHT LOCATION KIT AND ACCESSORIES 188 08/29/22 DENISE ROBLES AG N-2022-274 PRCS $ 25,000.00 RECREATION CLASS INSTRUCTOR -DANCE FITNESS Page 4 dilbsp; 1ty Council &nbsp;10 &ndash;&nbsp;6 12/20/2022 &nbsp; No. Date Vendor Name Type Number Agency Amount Description 189 08/29/22 GOLDEN STATE AUDIO VIDEO PO 125212 POL $ 26,798.94 LG 65" LED-UHD SMART TV FOR EOC 190 08/29/22 JOHN KALISKI ARCHITECTS, INC AG N-2022-246 PBA $ 30,000.00 URBAN DESIGN & ARCHITECTUAL 191 08/29/22 PATRICK A HURLEY AG N-2022-258 PRCS $ 25,000.00 RECREATION CLASS INSTRUCTOR -MUSIC CLASS 192 08/29/22 VECTOR RESOURCES, INC. AG N-2022-242 IT $ 22,060.50 WIRELESS SITE SURVEY SERVICES 193 08/30/22 AEF SYSTEMS CONSULTING, INC. AG N-2022-245 PRCS $ 50,000.00 SOFTWARE UPPORT SERVICES 194 08/30/22 BERTLITZ LANGUAGE SERVICES AG N-2022-243 HR $ 50,000.00 LANGUAGE PROFICIENCY TESTING 195 09/01/22 APPLE INC PO 125217 IT $ 830.30 20W USB-C POWER ADAPTER 196 09/01/22 DENNYS DIAZ PADILLA AG N-2022-260 PRCS $ 25,000.00 RECREATION CLASS INSTRUCTOR -DANCE & MUSIC FOLKTALES 197 09/01/22 EPOWER NETWORK LA LP BOC 7597 POL $ 15,000.00 GENERATOR & UPS BATTERY MAINT & REPAIRS 198 09/01/22 EXPRESS MODULAR SYSTEMS BOC 7661 CDA $ 5,000.00 MODULAR FURNITURE INSTALL & TEAR DOWNS 199 09/01/22 GRIFFIN ACE HARDWARE BOC 7541 CITYWIDE $ 12,500.00 LUMBER, TOOLS, HARDWARE 200 09/01/22 IRV SEAVER MOTORCYCLES BOC 7650 PWA $ 25,000.00 BOC MOTORCYCLE REPAIRS & PARTS 201 09/01/22 JOHN KALISKI ARCHITECTS, INC. AG N-2022-246 PBA $ 30,000.00 URBAN DESIGN AND ARCHITECTURAL CONSULTING SERVICES 202 09/01/22 MARTIN TORRES AG N-2022-256 PRCS $ 25,000.00 RECREATION CLASS INSTRUCTOR -KARATE 203 09/01/22 MICHAELS STORES INC BOC 7539 CITYWIDE $ 15,000.00 CRAFT AND ART SUPPLIES 204 09/01/22 MR D'S AUTOMOTIVE INC BOC 7547 PWA $ 15,000.00 HEAVY DUTY VEHICLE PARTS & SERVICE 205 09/01/22 NEWEGG BUSINESS INC BOC 7538 CITYWIDE $ 20,000.00 COMPUTER, IT AND SUPPLIES 206 09/01/22 ORANGE COUNTY EMPLOYEES ASSOCIATION AG N-2022-247 LIB $ 7,500.00 LICENSE AGREEMENT 207 09/01/22 RELAMPAGO DEL CIELO AG N-2022-248 LIB $ 300.00 SPEAKER/PERFORMER SERVICES 208 09/01/22 SCOTTS SCREENPRINTING BOC 7557 CITYWIDE $ 5,000.00 SCREENPRINTED CLOTHING 209 09/01/22 TUTTLE-CLICK INC BOC 7660 PWA $ 25,000.00 FORD REPAIRS & PARTS 210 09/06/22 A&H REFRIGERATION INC PO 125220 PRCS $ 11,000.00 AC UNIT FOR LOGAN CENTER 211 09/06/22 DEMCO INC PO 125219 LIB $ 533.54 TAPING SYSTEM: DEMCO C-27-CITY. 4 212 09/06/22 DURAN, KIMBERLY dba THE HEAVY AG N-2022-252 POL $ 5,000.00 ARTWORK/MURAL PAINTING SERVICES 213 09/06/22 TECTA AMERICA SOUTHERN PO 125218 PWA $ 4,880.00 ROOF LEAK REPAIR AT ROSS ANNEX 214 09/06/22 VOLCAN ADVERTISING AND ENTERTAINMENT AG N-2022-251 PRCS $ 50,000.00 LIVE PERFORMANCES AT CITY'S FIESTAS PARTIAS EVENT 215 09/08/22 COSMOS EVENT RENTALS AG N-2022-255 PWA $ 50,000.00 EVENT EQUIPMENT RENTAL SERVICES 216 09/08/22 FARONICS TECHNOLOGIES USA INC PO 125224 IT $ 4,882.50 SOFTWARE RENEWAL: DEEP FREEZE MAINTENANCE 217 09/08/22 MOYA, ABRAM JR. AG N-2022-257 PRCS $ 25,000.00 RECREATION SERVICE AGREEMENT 218 09/08/22 QUADIENT INC. PO 125225 FMS $ 22,089.26 MAIL EQUIPMENT: FOLDER -INSERTER 219 09/08/22 QUINTERO,ISABEL AG N-2022-253 LIB $ 1,000.00 SPEAKER/PERFORMER SERVICES 220 09/08/22 RON TURLEY ASSOCIATES INC PO 125223 PWA $ 8,450.00 FLEET MAINT MANAGEMENT SOFTWARE RENEWAL 221 09/08/22 TORRES, MARTIN AG N-2022-256 PRCS $ 25,000.00 RECREATION SERVICE AGREEMENT 222 09/08/22 WEI, CUING AG N-2022-254 LIB $ 888.00 SPEAKER/PERFORMER SERVICES 223 09/09/22 QUADIENT INC. PO 125226 FMS $ 5,242.19 MAIL MACHINE MAINTENANCE AGREEMENT 224 09/12/22 DEPARTMENT OF CIVIC THINGS AG N-2022-261 CMO $ 11,200.00 CITY WEBSITE SERVICES 225 09/12/22 HERNANDEZ,JOEL AG N-2022-259 PRCS $ 25,000.00 RECREATION SERVICE AGREEMENT 226 09/12/22 HURLEY, PATRICK A. AG N-2022-258 PRCS $ 25,000.00 RECREATION SERVICE AGREEMENT 227 09/12/22 PADILLA, DENNYS DIAZ AG N-2022-260 PRCS $ 25,000.00 RECREATION SERVICE AGREEMENT 228 09/13/22 ADAMSON POLICE PRODUCTS PO 125230 POL $ 24,167.47 AVON BALLISTIC HELMETS 229 09/13/22 ADLERHORST INTERNATIONAL, LLC AG N-2022-262 POL $ 49,720.00 K-9 TRAINING SERVICES 230 09/13/22 CUT-RATE BATTERIES LLC PO 125228 POL $ 3,450.93 MOTOROLA 2-WAY RADIO BATTERIES 231 09/13/22 THE CASTLE PRESS PO 125231 FMS $ 4,528.41 CERTIFICATE OF RECOGNITION 232 09/14/22 BOBBY DEE PRESENTS, INC. AG N-2022-263 PRCS $ 40,000.00 LIVE PERFORMANCE AT CITYS FIESTAS PATRIAS EVENT 233 09/14/22 IRV SEAVER MOTORCYCLES PO 125233 PWA $ 12,846.77 VEHICLE REPAIR SERVICES 234 09/14/22 MEDICAL & SAFETY, INC. AG N-2022-264 PRCS $ 2,988.00 STANDBY EMERGENCY MEDICAL SERVICES 235 09/15/22 BRIGHTLIFE DESIGN, LLC AG N-2022-271 CDA $ 50,000.00 DECORATIVE LIGHTS IN DOWNTOWN SANTA ANA 236 09/15/22 ESKILL CORPORATION PO 125238 HR $ 12,500.00 SUBSCR. RENEWAL: ESKILL Page 51bsp; 1ty Council &nbsp;10 &ndash;&nbsp;7 12/20/2022 &nbsp; No. Date Vendor Name Type Number Agency Amount Description 237 09/15/22 MARTINEZ, RAUL "EL DIABLITO" AG N-2022-267 PRCS $ 2,000.00 SPEAKER/PERFORMER SERVICES 238 09/15/22 PACIFIC ATHLETIC WEAR INC PO 125236 POL $ 2,227.21 PAAL ATHLETICS BASEBALL T-SHIRTS 239 09/15/22 SUPER ANTOJITOS EXPRESS PO 125235 PRCS $ 1,330.00 CATERING SERVICES- LATINO HERITAGE 240 09/15/22 SUPER ANTOJITOS EXPRESS AG N-2022-266 PRCS $ 6,400.00 CATERING SERVICES- LATINO HERITAGE 241 09/15/22 XYBIX SYSTEMS INC PO 125237 POL $ 13,593.28 A/V SYSTEMS UPGRADE FOR PD-EOC 242 09/19/22 OUTDOOR CREATIONS INC PO 125245 PRCS $ 24,990.46 OUTDOOR PICNIC TABLES -92IN. 243 09/19/22 PACIFIC ATHLETIC WEAR INC PO 125244 POL $ 6,373.88 BASKETBALL UNIFORMS SETS 244 09/19/22 RYDIN DECAL PO 125243 PWA $ 14,987.80 PARKING PERMIT DECAL 245 09/20/22 CABLESANDKITS.COM PO 125246 IT $ 2,731.24 CISCO ETHERNET SWITCH 246 09/20/22 GRANDE, REYNA AG N-2022-273 LIB $ 1,000.00 SPEAKER/PERFORMER SERVICES 247 09/20/22 INSIGHT PUBLIC SECTOR PO 125247 IT $ 12,327.21 SUBSCR. RENEWAL: FORTINET 248 09/20/22 LOPEZ, EDUARDO AG N-2022-272 LIB $ 300.00 SPEAKER/PERFORMER SERVICES 249 09/20/22 NAKA ENGINEERING & CONSTRUCTIO PO 125232 PRCS $ 52,320.00 LAWN BOWLING CLUBHOUSE DECK REPAIR AT SANTIAGO PARK 250 09/21/22 I LIKE VINYL PO 125248 POL $ 677.25 ALUMINUM BATTING CAGE SIGN 251 09/22/22 G&S CARPET MILLS INC PO 125249 PWA $ 3,950.00 STAIR NOSING IN COUNCIL CHAMBERS 252 09/22/22 INTERNATIONAL CODE COUNCIL INC PO 125250 PBA $ 1,402.10 2022 CA CODES COLLECTION 253 09/23/22 BIBLIOTHECA LLC PO 125254 LIB $ 2,678.06 SERVICE TECHNICIAN CALL -BOOK KIOSK REPAIR 254 09/23/22 CCS PRESENTATION SYSTEMS PO 125255 POL $ 3,552.50 P.A. SYSTEM WIRELESS MICROPHONES 255 09/26/22 EXTREME CANOPY PO 125258 POL $ 2,529.14 10' X 20' HD CUSTOM CANOPY 256 09/26/22 ROBLES, DENISE AG N-2022-274 PRCS $ 25,000.00 ZUMBA FITNESS INSTRUCTOR 257 09/26/22 ULINE INC PO 125257 POL $ 4,920.24 PAAL STORAGE & BUILDING CARTS & RACKS 258 09/27/22 BSNSPORTS LLC PO 125259 POL $ 4,978.67 PAALATHLETICS- SOFTBALLEQUIPMENT 259 09/27/22 KOTLER,EMILIANO AG N-2022-278 CMO $ 30,000.00 CONSULTANT SERVICES - CITY COUNCIL 260 09/27/22 MARTINEZ, DIAZ JONATHAN AG N-2022-280 CDA $ 9,500.00 ARTS AND CULTURE ARTIST GRANT PROGRAM 261 09/27/22 ROSALES,USBETH AG N-2022-279 CMO $ 15,000.00 CONSULTANT SERVICES - CITY COUNCIL 262 09/27/22 SANCHEZ CREATIVE ENTERPRISE LLC AG N-2022-281 CDA $ 8,500.00 ARTS AND CULTURE ARTIST GRANT PROGRAM 263 09/27/22 STUDIOFOLIA AG N-2022-276 PRCS $ 600.00 SPEAKER/PERFORMER SERVICES 264 09/27/22 VIETNAMESE ARTISTS FRIENDSHIP DEVELOPMENT CENTER AG N-2022-275 PRCS $ 1,600.00 SPEAKER/PERFORMER SERVICES 265 09/27/22 VIETNAMESE LANGUAGE ACCESS/ASSISTANCE AG N-2022-277 PRCS $ 2,400.00 SPEAKER/PERFORMER SERVICES 266 09/28/22 CALLYO PO 125260 POL $ 4,932.00 CALLYO ANNUAL SUBSCRIPTION RENEWAL 267 09/28/22 CELLEBRITE USA CORPORATION PO 125261 POL $ 5,331.40 CELLEBRITE UFED ANNUAL RENEWAL 268 09/28/22 INNOVATIVE PHOTO BOOTH PO 125264 PRCS $ 700.00 PHOTO BOOTH DAY RENTAL 269 09/28/22 LUYEN,VYVYENNE AG N-2022-283 CDA $ 1,000.00 SPEAKER/PERFORMER SERVICES 270 09/28/22 MASCORRO, JOSE AG N-2022-284-01 CDA $ 10,000.00 ARTS AND CULTURE ARTIST GRANT PROGRAM 271 09/28/22 PEN -LINK LTD PO 125265 POL $ 31,652.25 PENLINK PLX SOFTWARE ANNUAL RENEWAL 272 09/28/22 QING WEI LION AND DRAGON DANCE CULTURAL TROUPE AG N-2022-282 CDA $ 2,200.00 SPEAKER/PERFORMER SERVICES 273 09/28/22 SOURCE GRAPHICS PO 125263 PWA $ 8,846.85 PLOTTER PRINTER HP DESIGNJETT830 36" eMFP 274 09/29/22 CALTRANS AG N-2022-287 PWA $ 2,500.00 GENERAL TRAFFIC SIGNAL SYNCHRONIZATION 275 09/29/22 OASIS COMPANIES INTERNATIONAL AG N-2022-286 CDA $ 19,506.00 ARTS AND CULTURE ARTIST GRANT PROGRAM 276 09/29/22 SOLARWINDS.NET INC PO 125266 PWA $ 4,430.00 SOFTWARE MAINTENANCE RENEWAL 277 09/29/22 STERLING HEALTH SERVICES AG N-2019-252-01 HR $ 50,000.00 AFFORDABLE CARE ACT COMPLIANCE Page 6 tpbsp; ity Council &nbsp;10 &ndash;&nbsp;8 12/20/2022 &nbsp; Summary Total this period $ 3,788,220.61 Citywide budget excluding compensation $ 547,587,155.34 Percentage of budget amount 0.69% Agency/Department Total This Quarter Fiscal Year -to -Date City Attorney's Office (CAC) $ 50,000.00 $ 50,000.00 Clerk of the Council (COC) $ - $ - City Manager's Office (CIVIC) $ 131,200.00 $ 131,200.00 Community Development (CDA) $ 141,063.97 $ 141,063.97 Citywide $ 603,000.00 $ 603,000.00 Finance & Management Services (FMS) $ 38,954.42 $ 38,954.42 Human Resources (HR) $ 118,809.98 $ 118,809.98 Information Technology (IT) $ 191,296.32 $ 191,296.32 Library (LIB) $ 50,923.05 $ 50,923.05 Parks, Rec. & Comm. Services (PRCS) $ 1,072,354.14 $ 1,072,354.14 Planning and Building (PBA) $ 109,997.32 $ 109,997.32 POL (POL) $ 480,129.10 $ 480,129.10 Public Works (PWA) 1 $ 904,492.41 1 $ 904,492.41 Total 1 $ 3,892,220.71 1 $ 3,892,220.71 Page 7 bsp; 1ty Council &nbsp;10 &ndash;&nbsp;9 12/20/2022 &nbsp; Finance and Management Services www.santa-ana.org/finance Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Budget Calendar for Fiscal Year 2023-2024 AGENDA TITLE: Budget Calendar for Fiscal Year 2023-2024 RECOMMENDED ACTION Approve the Budget Calendar for Fiscal Year 2023-2024. DISCUSSION Under the direction and leadership of the City Manager, a Budget Calendar ("Calendar") has been developed by the Finance and Management Services Agency. The Calendar (Exhibit 1) is provided for City Council consideration as a document that sets the parameters for a successful and transparent budget process. The proposed Calendar provides a framework of key tasks and dates for City Council, the community, and city staff. Financial Updates, Budget Discussions, and Process The first major item presented to City Council is the Mid -Year (2nd Quarter) Report, which is scheduled for February 21, 2023. The Mid -Year Budget Report provides a financial update on current general fund revenues and expenditure trends, recommended budget adjustments and workforce changes. Beginning in mid -March, staff will present a framework for the Fiscal Year 2023-2024 Budget Discussion and seek direction from City Council. Discussion topics may include but are not limited to City Council priorities and strategies on funding programs and/or services. Community Budget Meetings are planned for March and April 2023 to gather community input. During this time, the Budget Team also begins conducting budget hearings with City departments. These hearings provide departments an opportunity to propose any organizational changes, budget requests, and enhancements to existing programs. Staff will attend neighborhood meetings for any groups requesting to meet, but the plan is to focus public outreach efforts on City events this spring. City Council 11 — 1 12/20/2022 Approve the FY 23-24 Budget Calendar December 20, 2022 Page 2 On May 2, 2023, staff has planned for a Third Quarter General Fund update including updated revenue and expenditure trends, a Ten -Year General Fund Financial Outlook, and preliminary Capital Improvement Program (CIP) update. This provides an additional opportunity for further FY 2023-2024 budget discussion by City Council. The calendar includes placeholders for three City Council budget workshops in May. Subsequently, during May and June of 2023, staff has planned to present multiple iterations of the Citywide Operating Budget and CIP. A public hearing (first reading) is planned for June 6, 2023, and the final adoption (second reading) will occur on June 20, 2023. The Calendar commences on December 20, 2022, and concludes with the adoption of the FY 2023-2024 Citywide Operating Budget and CIP which is effective July 1, 2023. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Fiscal Year 2023-2024 Budget Calendar Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 11 —2 12/20/2022 EXHIBIT 1 Fiscal Year 2023-2024 Budget Calendar* 2 0 DEC Approval of Budget Calendar Present FY 2023-2024 Budget Calendar for City C 27 FEB ouncil Approval Preliminary Capital Improvement Program (CIP to Planning Commission 21 MAR City Council Budget Policy Discussion City Council Establishes Early Direction Proposed FY 2023-24 Budget/CIP 16 MAY City Council Work Session City Manager's Proposed FY 2023-2024 General Fund Budget Includes CIP. Miscellaneous Fees. and Workforce Changes June 6, 2023-Public Hearing Citywide Operating Budget/CIP Ordinance, Miscellaneous Fees, and Personnel Resolution June 20, 2023-Second Reading and Adoption Final Citywide Operating Budget/CIP Ordinance Adoption ity Council 11 *Budget Calendar is subject to change 10% Clerk of the Council Office www.santa-ana.org/cc Item # 12 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: 2023 Regular City Council Meeting Calendar AGENDA TITLE: Approve the Annual Calendar of Regular City Council Meetings for 2023 RECOMMENDED ACTION 1. Review calendar of regularly scheduled City Council meetings in 2023. 2. Cancel the regularly scheduled City Council meeting for January 3, 2023 and July 4, 2023. 3. Direct staff to post Notice of Cancelation(s). The City Council hereby waives notice of said meetings as required by the government code. DISCUSSION Consistent with past practice, the City Council has canceled the first meeting of the year and a meeting during the summer months. Due to the Fourth of July holiday falling on a City Council meeting Tuesday, staff is recommending the cancelation of the July 4, 2023 meeting. If the City Council cancels any regularly scheduled meeting, they will resume consideration of agenda items at their next regularly scheduled meeting. The City Council reserves the right to cancel any other meetings and notify the public as legally required by the Brown Act. The 2023 Master Calendar and agendas for all regular and special meetings will be posted on the City's website at.http://www.santa-ana.org/agendas-and-minutes. City Council meetings are typically held in the Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701 or as otherwise noted on the agenda. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 12 — 1 12/20/2022 2023 Regular City Council Meeting Calendar December 20, 2022 Page 2 EXHIBIT(S) 1. 2023 Calendar of City Council Meetings Submitted By: Norma Orozco, Assistant Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 12 — 2 12/20/2022 Santa Ana City Council Meetings Schedule 2023 January S M T W T F S 1 2 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 29 30 31 ©lllli,'711111117©00© ©©0©00© ©©0©00© INK-rr - HOLIDAY - CITY HALL CLOSED _ CITY HALL CLOSED -9/80 WORK SCHEDULE _ CITY COUNCIL REGULAR MEETING February S M T W T F S 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 22 23 24 25 26 27 28 May S M I T I W T F S 1 2 3 4 5 6 7 8 9 10 11 13 14 15 17 18 19 20 21 22 23 24 25 27 28 29 30 31 August S M T W T F S 1 2 3 5 6 7 8 9 10 11 12 13 14 W5 16 17 19 20 21 22 23 24 25 26 271 28 29 30 31 November S M T W T F S 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 29 30 (January 3 and July 4 Canceled) March S M T W T F S 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 1 18 19 20 22 23 24 25 26 27 28 29 30 S M T W T F S 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 September S M T W T F 3 4 5 6 7 810 11 12 13 14 JS 17 18 19 20 21 2224 25 26 27 28 December S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Special Meetings may be scheduled 24-hours in advance (as permitted by the Brown Act). For a copy of Agenda and meeting location, please refer to City's website at: www.sonto-ano.ora/aaendas-and-minutes/ &nbsp; City Council &nbsp;12 &ndash;&nbsp;3 12/20/2022 &nbsp; Library www.santa-ana.org/departments/library/ Item # 13 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Building Forward: Library Infrastructure Grant Agreement AGENDA TITLE: Approve an Agreement and Appropriation Adjustment Recognizing Grant Revenue in an amount not to exceed $9,329,973 for the California State Library Building Forward Library Infrastructure Grant Program RECOMMENDED ACTION 1. Authorize the Library Services Director to execute a Grant Agreement via DocuSign, accepting grant funds in the amount of $9,329,973 for the Building Forward Library Infrastructure Grant Program, beginning upon execution and ending March 31, 2026, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment to recognize $9,329,973 in grant revenue from the California State Library and appropriate $9,329,973 into the appropriate expenditure accounts to implement the program. (Requires five affirmative votes) DISCUSSION On March 15, 2022, the City Council approved Resolution No. 2022-020, authorizing the submission of the Building Forward: Library Infrastructure Grant application to the California State Library, acceptance of funds if awarded, and designating the Library Services Director as the authorized representative to enter into the grant. The Library Director stated he would return to the City Council to approve the grant agreement and recognize and appropriate funds if awarded. In September 2022, the Library Services Agency was notified that it was awarded $9,329,973 in grant funds from the Building Forward Program. The one-time funding is intended to address critical maintenance needs and public safety improvements at the Library. The Library will incorporate the grant -funded scope of work into its larger Main Library Transformation Project, which is funded through the Revive Santa Ana Spending Plan. City Council 13 — 1 12/20/2022 Building Forward: Library Infrastructure Grant Agreement December 20, 2022 Page 2 The project is currently in design, with construction anticipated to be complete in 4th quarter 2025. The Building Forward Grant project scope will include: • ADA upgrades • Refurbish existing elevator • Construct new accessible elevator • Upgrade mechanical, electrical, and plumbing systems • HVAC Replacement • Fire sprinkler and alarm system modifications • Marble fagade safety improvements • Mold/hazardous materials abatement • Window Restoration • Seismic Restoration The State Library approved the Library's request for a 100 percent reduction in the required local match contribution so no matching funds will be required of the City. The grant funding will need to be fully expended by March 31, 2026. Per the request of the California State Library, the Library Services Director, as the designated authorized representative, will execute the Grant Agreement via the online signature platform, DocuSign. The State Library has provided a sample agreement with a "Draft" watermark, which has been reviewed and approved to form by the City Attorney's Office, and included with the Staff Report. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT An appropriation adjustment to recognize $9,329,973 in the State Grant - Direct revenue account (15211002-52025) and appropriate funds to the respective expenditure accounts is shown below: Fiscal Accounting Unit Fund Accounting Unit, Amount Year — Account Number Description Account Description Building Forward FY 22-23 15211154-66200 Public Library Grant Fund Library Grant — Buildings & Building $4,664,987.00 Improvements City Council 13 — 2 12/20/2022 Building Forward: Library Infrastructure Grant Agreement December 20, 2022 Page 3 Building Forward FY 23-24 15211154-66200 Public Library Grant Fund Library Grant — Buildings & Building $4,664,986.00 Improvements EXHIBIT(S) 1. Grant Agreement Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Kristine Ridge, City Manager City Council 13 — 3 12/20/2022 CALIFORNIA STATE LIBRARY ST AWARD AGRE CERTIFICATE NTS ANCE City Council 13 — 4 12/20/2022 '4LIFORNIA III STATE LIBRARY TABLE OF CONTENTS PROJECT SUMMARY PROCEDURES AND REQUIREMENTS A. Term of the Agreement B. Scope of Work C. Budget Detail D. Narrative and Financial Reports E. Claim Form and Payment EXHIBIT A: TERMS AND CONDITIONS EXHIBIT B: ADDITIONAL TERMS EXHIBIT C: CERTIFICATION A A. Certification d� EXHIBIT D: STATE ONDIWONS PLIAN(V FORM L EXPENSES City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 1 2 3 3 3 4 5 7 22 28 32 34 City Council 13 — 5 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 2 CALIFORNIA STATE LIBRARY PROJECT SUMMARY Award Agreement between the California State Library and City of Santa Ana for the SANTA ANA PUBLIC LIBRARY - Main Library project. AWARD AGREEMENT NUMBER BF- 1&1-053 This Award Agreement ("Agreement") is en . to on the date of execution of the agreement by and between Califo * State Library ("State Library") and City of Santa Ana ("Grantee"). � This Award Agreement pertains to Grante State -funded project at the SANTA ANA PUBLIC LIBRARY - Main Libre The Library Development Services administers state and federal ldlftin th The Grantee was selM in the amount of $9,329,973 t administering such 90"'11111% The State L conditions herein Oiu,qWS") of the State Library rm of awards. ie Library to receive state grant funds cess adopted by the State Library in ,rantee, for the consideration and under the the Grant Agreement, agree as follows: City Council 13 - 6 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 3 CALIFORNIA II STATE LIBRARY PROCEDURES and REQUIREMENTS A. Term of the Agreement The Grant term begins on the date of execution of the Agreement by both parties, until March 31, 2026. If completion of the project occurs prior t e end of the grant period this will be the end date of the term of this agreement. t eligible program expenditures may begin no earlier than the start da he ect period ends on March 31, 2026, and all grant project costs must ncurr d b is date. B. Scope of Work 1. Grantee agrees to perform all acti cifica ' entified in the Grantee's submitted application and award p ke 2. The following activities an erablNnditures o be performed by the Grantee include, but are not li d to t follg: • Maintain and keep re related to the grant that are consistent wi all ceptable Accounting Practices (GAAP). • Make fina al recor va le to the State Library upon request. • Work with e State Lib ry staff to assure that funds are disbursed in compliance 'th the pose of the grant. • Prepare and s it quired narrative and financial reports. • Procure equipme , and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project. • If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors. • Oversee the implementation of project activities. C. Budget Detail The State Library shall provide the Grantee funding for the expenses incurred in performing the activities specified in the Grantee's award packet documentation. The Grantee shall request the distribution of grant funding consistent with the approved project budget incorporated herein, and according to the payment schedule City Council 13 — 7 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 4 specified in this Agreement. Under no circumstances shall payments exceed the total grant amount identified in this Agreement. D. Reports 2 The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the State Library, using the sample report documents provided by the State Library. Visual documentation (e.g. still or video photography) will be required as part of each Narrative Report. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before an ayment request can be processed. Failure to comply with the specified r rting requirements may be considered a breach of this Agreement and r i e termination of the Agreement or rejection of the payment re t and/o rfeiture by the Grantee of claims for costs incurred that might oth ise e be ligible for grant funding. Any problems or delays must be re immediately to the Grant Monitor. The financial reports shall reflect the e nditures made by the Grantee under the Agreement and may be rated the same reporting structure as the narrative reports. 3. The reports shall be subm the Reporting Period Rep Due Date Project start date cia porTs-=ue May 1, 2023 -March 2023 IL April 2023 -JunlWN Financi Reports, Expenditure Detail, and July 31, 2023 2023 arrat' Reports Due July 2023 - Fi cial Reports Due October 31, 2023 September 2023 October 2023- Financial Reports, Expenditure Detail, and January 31, 2024 December 2023 Narrative Reports Due January 2024- Financial Reports Due April 30, 2024 March 2024 April 2024 -June Financial Reports, Expenditure Detail, and July 31, 2024 2024 Narrative Reports Due July 2024- Financial Reports Due October 31, 2024 September 2024 City Council 13 - 8 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 5 October 2024- Financial Reports, Expenditure Detail, and January 31, 2025 December 2024 Narrative Reports Due January 2025- Financial Reports Due April 30, 2025 March 2025 April 2025 -June Financial Reports, Expenditure Detail, and July 31, 2025 2025 Narrative Reports Due July 2025- Financial Reports Due October 31, 2025 September 2025 October 2025- Financial Reports, Expenditure Detail, and January 30, 2026 December 2025 Narrative Reports Due January 2026- Final Financial, Narrative, an4Fx diture April 30, 2026 March 2026 Reports Due 4 5 Failure to submit timely reports with the Xise cumentation by the due date may result in rejection of the ymnd/or forfeiture by the Grantee of claims for costs incurreU`„have been eligible for grant funding. The Grantee agrees to pertaining to the perfo minimum of five (5) ye( whichever is la information. , E. Claim Form a The State Library sIN schedule only if all re and supporting documentation 1nt, subject to possible audit for a cent date or grant term end date, V Terms and Conditions for more e the Grantee payment as outlined in the payment irements for claiming the funds as outlined in this document have been met, and only for those activities and costs specified in the approved award packet documentation. 2. The Grantee shall complete, sign, and submit the Certification of Compliance form (Exhibit C) and the Financial Claim form (included in your award packet), to the State Library within 30 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to the Grantee organization, please contact the grant monitor regarding alternate options. City Council 13 - 9 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 6 3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period. 4. If the payment amount made by the State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the State Library. 5. The Award payments will only be made to the Gr ee. It is the Grantee's responsibility to pay all contractors and subcon c for purchased goods and services. 6. The Final Payment of 10% will be withheld r ned by e State Library (if applicable) until all conditions agreed upon i is Agreement have been satisfied. 7. Prompt Payment Clause The State Library will make mentsjent e Grantee in accordance with the Prompt Payment Clause e over Code, section 927, et. seq. The Grantee may typically ect ymenithin 45 days from the date a grant payment request is prop and approved by the Grant Monitor. 8. Budget Contin cy e a. It is mutu agreed th ifNthBudget Act of the current fiscal year or any subsequen ars cov d under this Agreement does not appropriate sufficient fun r th rogram, this Agreement shall no longer be in full force and effect. In th nt, the State Library shall have no liability to pay any funds whatsoever To the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement. b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount. City Council 13 — 10 12/20/2022 it City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 7 CALIFORNIA STATE LIBRARY EXHIBIT A: TERMS and CONDITIONS Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its re ponsibility. Therefore, all project materials generated by state funded progra ust meet the California Accessibility Standards. Additionally, all project m i designed, developed, and maintained shall be in compliance with the Cali is G nment Code, sections 7405 and 1 1 135, and the Web Content Acce ility ideli 2.0, or a subsequent version, as published by the Web Accessibility a ' of the orld Wide Web Consortium at a minimum Level AA success crite However, if for some reason project mcl compliance to meet these standards, p submitting the material make t,Aoiko no including "NOT ACCESSIBL the 'le n The State Library reserves th compliance with thesjMJ& AcknowledgmE acknowledged ANA PUBLIC LIB I e not�enerated to be in it it to the State Library. When the material is not accessible by ct materials to its website that are in CalWrnia and the State Library shall be al materials and publications related to the SANTA ziry Project. Grant award recwts must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is: "This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library." Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable: City Council 13 —11 12/20/2022 3 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 8 "Funding provided by the State of California." This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. c. California State Library Logo: Use of the State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s). d. Project Photography: Photographs and videos are a great way to document your project. If obtaining still or video photography featuring members of the public, Grantees should obtain a photo release form. Grantees may use their organization's image release form, or contact for a sample image release form. Agency In the performance of this Agreerr employees shall act in an independent ca or agents of the State Library. The Grante4 supported by the grant. Nothing in this Agre agency, joint venture, employmen r any the parties. The Grantee shall not re for any purpose and ha whatsoever. 4. Amendment: No ame4 be valid unless made in No oral und<taraa' binding on ae p augmentedual restrictions of 5 Applicable Law: TP concerning the vali Late Library grant monitor 3Q&ntee and its agents and d nips officers, employees ssoonMle for all activities reates a partnership, e of relationship between in agent of the State Library to Library in any manner itJf� variailn of the terms of this Agreement shall b'y the parties, and approved as required. amen not incorporated into this Agreement is I%Agreement may be amended, modified, or nt of the parties, subject to the requirements and of the State of California shall govern all proceedings and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. 6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third -party person or entity, either in whole or in part, without the State Library's prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the State Library, the Grantee, and their respective successors and assigns. 7. Audit and Records Access: The Grantee agrees that the State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any City Council 13 — 12 12/20/2022 :, City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 9 records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. Examples of audit documentation may include, bids, grant amendments, if any, relating to the It any agreements with contractors or subcontr ledger, payroll register entries, time sheets, rsc travel expense log, paid warrants, contra nc items and materials developed with grant fu checks. IN.- Authorized Representative: that their authorized repres, their organization's beh4 9. Communication check -in at any ti grant monitor go purpose, the4rlo City of Santa Ana Brian Sternberg 20 Civic Center Plaza Santa Ana, CA 92701 BSternberg@santa-ana.org (714)647-5296 Grantee\nd7Z e bu of limited to, competitive t or work plan, copies of ors i 'lized, expenditure nnel exViture summary form, eange ers, samples of invoices and/or cancelled Library mutually represent uisite legal authority to sign on either party, including an interim shall be directed to the respective the California State Library or Grantee. For this ation is provided below: California State Library Libby Carlson 900 N Street Sacramento, CA 95814] libby.carlson@library.ca.gov (916)603-6705 1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act. 2. Contractor and Subcontractors: Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the City Council 13 — 13 12/20/2022 3 4. 5. City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 10 Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns, and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its contractors and subcontractors is an independent obligation from the State's obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyr�ig+, Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any n releases, or authorizations to use text, images] copyrighted, or trademarked by third parti ai permissions, releases, or authorizations to St, section. Also, the State Library may upload, produced or purchased with grant *14lIll access and viewing. report by State Library.' of Directors shall accept discovery of the prat the Grant Monitor sh teary licenses, permissions, othaoaterials owned, 1 for ex%&ding such licenses, /Cibraryl%rsuant to this or transmit copyrighted material �A,e Library website for public �ee's obligations under this Agreement cceptance and approval of the final non-profit entity, the Grantee's Board curate the final report prior to its ie 1%ent'TT a dispute, Grantee will discuss the problem it Manitor. If unresolved, the Grantee shall file a written State Library Grant Monitor within ten (10) days of Within ten (10) days of receipt of the Notice of Dispute, meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute. 6. Drug -free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug -Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug -free workplace by taking the following actions: City Council 13 — 14 12/20/2022 7. 91 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 11 a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about all of the following: c 1) The dangers of drug abuse in the workplace. 2) The Grantee's policy of maintaining a drug -free workplace; 3) Any available counseling, rehabilitation and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. Require that every employee who works on ject funded through this Agreement will: 1) Receive a copy of the Grante rug f,&e wo ace policy Agrees to abide by the condition of employme Failure to comply with these require under the Agreement or be ineligible for award determines that the ar� certification by fa ntee's statement as a nt. Rha—y"lWult in suspension of payments e Agreement or both and grantee may agreements if the State Library false certification or violated the quirements as noted above. reement is of no force or effect until signed ment supersedes all prior agreements, oral or written, made with�ct to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties. 9. Exclusive Agreement: This is the entire Agreement between the State Library and Grantee. 10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with City Council 13 — 15 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 12 sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee's request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline. 12. Failure to Perform: The grant being utilized by the Grantee is to benefit the SANTA ANA PUBLIC LIBRARY - Main Library Project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the rantee may forfeit the right to reimbursement of any grant funds not already d by the California State Library, including, but not limited to, the ten per n 0%) withheld. 13. Federal and State Taxes: The State LibraryWll not; a. Withhold Federal Insurance Contri Act (FICA payments from Grantee's payments or make FICA p ents on the Grantee's behalf; or b. Make Federal or State une loy urance contributions on Grantee's behalf; or c. Withhold Federg�e inc e taxes from Grantee's payments Grantee shall pay all tare'gled on *ayments made under this Agreement including applicable inco FICA. 14. Force Maieur either StdNibrary nor the Grantee, its contractors, vendors, or subcontr ors, if any, s II be responsible hereunder for any delay, default, or nonperforman of this A ement, to the extent that such delay, default, or nonperformance au by an act of God, weather, accident, labor strike, fire, explosion, riot, ebellion, sabotage, flood, or other contingencies unforeseen by the State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party. 15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the State Library any funds improperly expended. 16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee City Council 13 — 16 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 13 pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library. 17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures. 18. Grant Monitor: The Grant Monitor's responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement. The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor oes not have the authority to approve any deviation from or revision to the and B) or the Procedures and Requirements unll stated in the Procedures and Requirements 19. Grantee: The government or legal entity t(3 is accountable to the State Library for the u a. The grantee will make repor e State containing such information ma used of funds consistent withAt antee s and Conditions (Exhibit A bib authority is expressly Fn grant awarded and which he funds provided. %�arian in such form and uired to ensure the proper application, and award agreement and a nyin ocumentation submitted. The grantee will keep such r rds a affor uch access as the State Library may find necessary to rrectness and verification of such reports. 20. Grantee Acco i 1 _ e I%Untee is ultimately responsible and accountable for the man in whic)�i gra'T funds are utilized and accounted for and the way the gran admid, even if the Grantee has contracted with another organization, pu ' orte, to administer or operate its grant project. In the event an audit shomine that grant funds are owed to the State Library, the Grantee is responsble for repayment of the funds to the State Library. 21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project. 22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed -upon timeline. Grantee's employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement. City Council 13 — 17 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 14 23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement. 24. License to Use: The State Library reserves a fully paid -up, royalty -free, nonexclusive, sub -licensable and irrevocable licens to reproduce, publish, prepare derivative works, distribute or otherwise u , and to authorize third parties to use, any material received or maintai Grantee in connection with this Agreement. This includes intellecopert th or without third -party rights. All such usages will be for public lib/andjtate ernmental purposes: a. The copyright in any work developed u r this grant, sub -grant, or contract under this grant or nt;anb. Any rights of copyright to whi ia s b-grantee, or a contractor purchases ownership with gra port. 25. Limitation of Ex enditur xpe itureall projects must conform to the Grantee's approved b et withplicable State laws and regulations. The total amount paid by the o the Grantee under this Agreement shall not exceed $9, d s I be expended/encumbered in the designated award perio During the awa eriod, e Grantee may find that the approved budget may need to be modi 1 B et changes, requests for additional funds, or requests for reductions in aw unding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts. 26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986. 27. Non -Discrimination Clause: During this grant period, the Grantee and the Grantee's contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical City Council 13 — 18 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 15 disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment. Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 1 1135-1 1139.5), and the regulations or standards adopted by the State Library to implement such article. Grantee shall permit access by representatives ofKepartment of Civil Rights and the State Library upon reasonable notice at e during the normal business hours, but in no case less than 24 hours o to such of its books, records, accounts, and all other sources of i rmatio d its facilities as said Department or the State Library shall req ' asce ining mpliance with this clause. Grantee, and its contractors, and s ractors shall give written notice of their obligations under this clause to labor o nizations with which they have a collective bargaining or other ag nt. (See I. Code Regs., tit. 2, § 11105.) Grantee shall include the non-discri a i compliance provisions of this clause in all contracts and s�contra perform work under the Agreement. 28. Notices: All notices anV1her c3mmunlations in connection with this Agreement shall be in voWg d shall We considered delivered as follows: a. Electron' Em�When sent by e-mail to the last e-mail address of the r ient kn n t e party giving notice. Notice is effective upon tra ission. b. Docu (e-sign re platform): When sent via DocuSign a notification will be se o t ast e-mail address of the recipient known to the party giving notic otice is effective upon transmission. c. Grants Management System: When sent via / uploaded to the State Library Grants Management System, a notification will be sent to the last email address of the recipient known to the party giving notice. Notice is effective upon transmission. d. Personally: When delivered personally to the Grantee's physical address as stated in this Agreement. e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to Grantee's address as stated in this Agreement. 29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Implementation Plan, and Budget, City Council 13 — 19 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 16 of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as "Terms"). Grantee's State Library -approved Application (Grantee's Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply: a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions c. Procedures and Requirements d. Certificate of Compliance e. Project Summary f. Grantee's approved outputs from the sub tied application (including Budget and Implementation plan sub as part of the required award documents) g. All other attachments hereto, incl ng any t are incorporated by reference. 30. Payment: a. The approved Budget, if app ' attalVed hereto and incorporated herein by this reference and s to e imum amount of allowable costs for each of th s iden din the Implementation Plan submitted as part of the re ed a and d uments. The State Library shall provide funding to the G to r only t work and tasks specified in the list of approved out uts costs specified in the Budget submitted as part of t a d documents and incurred in the term of the Agre nt. b. The Gr ee shall c ry out the work described in the Implementation Plan in accor ce wit he approved Budget and shall obtain the Grant Monitor's w proval of any changes or modifications to the Implementatio Plan, approved project outputs, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this Agreement. d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld. City Council 13 — 20 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 17 e. Lodgings, Meals and Incidentals: Grantee's eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee. g. Reimbursable expenses shall not be incurred unless and until the Grantee receives a Notice to Proceed as described in the Procedures and Requirements. 31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning t Agreement and the performance of the obligaty 32. Personnel Costs: Any personnel expenditure be computed based on actual time spen4gn actual salary or equivalent hourly wage the% duties, including a proportionate share of any 33. Pledge: This Agreement shall not be commitment by the StateJ~ to 34. It is mutually a beyond the grant deliverables. public, persondq produced in con 1798, et. seq. lidity and operation of this posed upon the parties. with grant funds must .activities and on the ,yee is paid for their regular job efits to which the employee is fe'te1W create any pledge or any any other or further grants or rson or entity in connection with the h is responsible for furnishing funds cessary to complete outcomes or ties agree to protect the confidentiality of any non - that may be contained in materials received or h this Agreement, as required by Civil Code, section 35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the State Library. 36. Public Records Act: Material maintained or used by the State Library is considered "public record" under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication. Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists. City Council 13 — 21 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 18 37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library's support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties. 38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records sistent with generally accepted accounting practices, and to retain ords for at least five (5) years after the end -of -term. The State Libraryy m or or conduct an onsite evaluation of Grantee's operation to ensuo �anc ith this Agreement, with reasonable advance notice. 4 r 39. Reduction of Waste: In the performance of thil reasonable steps to ensure that ma%%JLpurch the project are not wasted. Steps sh )er used, reusable, or recyclabl roduused; alternatives to disp,at waste reduction measMs whJF feasi 40. Reimbursement Li ireement, Grantee shall take all or utilized in the course of out not be limited to: the use of in the amount of materials consumed; and the practice of other and appropriate. mstances shall the Grantee seek reimbursement sua t�reement for a cost or activity that has been or will be paid hrough a they nding source. The Grantee shall not seek reimburseme r any co used to meet cost sharing or matching requirements of any other Sta ibrar nded program. 41. Reports and Claims:lWthe responsibility of the grantee make the required reports and claims to the California State Library. a. The Grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section. b. The Grantee shall be responsible for submitting to the State Library Financial Reports reflecting Grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section. c. To obtain payment hereunder, the Grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following City Council 13 — 22 12/20/2022 42. I e City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 19 mentioned dates for payment, and the State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. The final 10% of the grant award (if applicable) is payable only upon approval of all reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient's administrative duty under the award. Payment will be provided to cover the expenditures incurred by the Grantee for the project in the following manner: 1) $4,664,987 upon the receipt and approval, by the State Library, of the submission of all required documents as stated in the award letter; execution of the agreement, certification, and claim form by the 1 -Yiti Y\+00 /lY/`I /Y Y\I7/Y+I/l Y\ after the submission �ceipt, by the State lanuary date in ending prior to documentation to either (a) that the ✓vhy the second eduled payment. )ort demonstrates >ayment. The -ee demonstrates ird and additional made upon eport and financial Self -Dealing and Arn'WLength Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm's- length transactions and not the result of, or motivated by, self -dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, "arm's-length transactions" are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity's business and the entity chooses the lowest of the resulting bids. "Self -dealing" is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended. City Council 13 — 23 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 20 43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect. 44. Site Visits: The Grantee shall allow the State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, providing technical assistance when needed, and visiting the State funded project. _ 45. Termination: The Agreement shall be subject to or designee upon notice to the Grantee at leA 47 effective date of termination Grantee shall deliver to the State Librarian) data, and materials prepared up to the da shall determine and pay the Grant, expenditures and obligations up to covered by prior installments previ( termination, Library within 45 days. I; unobligated balances, the State Library wi Timeline: Tim the parties part of the Ag ation by the State Librarian F&0) days prior to the iel%�s terminated, the II repWts, accounting, cation. The State Librarian and appropriate ation which have not been ird TaWe Grantee. Upon such nt award must be returned to the State advanced to the Grantee, any the State Librarian, shall be returned to :el*this Agreement. It is mutually agreed between nd the implementation plan included therein are Unused Funds: At theWd-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement. Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end -of -term or earlier termination, as determined by the State Library in its sole discretion. 48. Waiver of Rights: The State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by State Library. No delay or omission on the part of State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by State City Council 13 — 24 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 21 Library of a provision of this Agreement shall not prejudice or constitute a waiver of State Library's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between the State Library and Grantee, shall constitute a waiver of any of State Library's rights or of any of Grantee's obligations as to any future transactions. Whenever the consent of State Library is required under this Agreement, the granting of such consent by State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of the State Library. Work Products: Grantee shall provide the State Libra products identified in the Work Plan and Applicati the State Library with copies of all public educ produced pursuant to this Agreement. 50. Worker's Compensation: The State of Cc Compensation insurance for Grantee or personnel. If Grantee hires employ tc Agreement, Grantee shall provide The Grantee is aware of Labor Code c employer to be insured undertake self-insuranc agrees to comply with the work of this with copies of all final Grantee shall also provide d advertising material )t or e Workers' 's employees or contract Wrvices required by this D'Wsation insurance for them. which requires every r Workers' Compensation or to with the Labor Code, and the Grantee More commencing the performance of City Council 13 — 25 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 22 9 CALIFORNIA II STATE LIBRARY EXHIBIT B: ADDITIONAL TERMS AND CONDITIONS 1. California Building Codes: Activities funded under this Agreement, regardless of funding source, must be in compliance with all applicable California Building Codes (Cal Code Regs., Title 24). 2. California Environmental Quality Act: Activities fund der this Agreement, regardless of funding source, must be in complia wi e California Environmental Quality Act (CEQA) (Public Res ces Code Lion 21000 et seq.). Information on CEQA may be found in the C miG0ate Cl in house Handbook. 3. Changes in a project: Any proposed c in the 'ect requested by the Grantee, which would change the info ati 'ded during the application process, requires approval from he Stat arian prior to execution. The State Librarian shall have the sole y to d ermine if a proposed change by the Grantee is approved or n ppro d. The Late Librarian's decision is final and binding. 4. Compliance with�conts d A rovals: Grantee will comply with all applicable law rdinances, les and regulations of federal, state and local governments an encies h ing jurisdiction over either the Grantee, the Property, or the project, and all licable directions, rules and regulations of the Fire Marshal, health officer, ing inspector and other officers of any such government or agency. All permits, consents, permissions and licenses required by any federal, state or local government or agency to which Recipient, the Property, or the Infrastructure Project is subject, which may be necessary in relation to this Agreement, development, construction or ownership of the Infrastructure Project, at or prior to the commencement of construction, have been, or will be, obtained, and none of such consents, permissions and licenses are subject to appeal or to conditions which have not been met. 5. Contractors and Subcontractor: For the performance of all construction work on the Project, Grantee agrees to use a licensed general contractor or contractors ("Contractor"), in good standing, in order to complete the work described in the grant application. The Grantee hereby certifies that the Contractor is in good standing with the California State Contractors' License Board. The Grantee shall only City Council 13 — 26 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 23 contract with contractors who are licensed and shall ensure that the Contractor and any successor thereto shall only contract with subcontractors, that are also so licensed. Contractor Insurance/Bond: Grantees shall be responsible for ensuring that any contractors/subcontractors hired for grant -funded work have all relevant bonds and insurance in place in compliance with prevailing wage and other applicable state and federal laws, the Department of Industrial Relations, and the Department of Consumer Affairs Contractors State License Board requirements. Insurance: a. Casualty Insurance i. The Contractor shall procure and maintain ins ce on all of its operations with companies acceptable to the State as 1) The Contractor shall keep all insur e in fu rce and effect from the beginning of the work through tract cce ce. 2) The Contractor shall maintain co I d operati ns coverage with a carrier acceptable to the State thro the expiration of the patent deficiency in constructio ute of re e set forth in Code of Civil Procedure Section 337.1. b. Workers' Compensation ploye Liability Insurance i. In accordance wit or de Se ion 1860, the Contractor shall secure the payment of worker's sation i accordance with Labor Code Section 3700. ii. In accorda wit o de Section 1861, the Contractor shall submit to the Gra the follo ce ification before performing the work: 1) I a are of t provisions of Section 3700 of the Labor Code which requir ery ployer to be insured against liability for workers' compens or to undertake self-insurance in accordance with the provisions o that code, and I will comply with such provisions before commencing the performance of the work of this contract. iii. Contract execution constitutes certification submittal. iv. The Contractor shall provide Employer's Liability Insurance in amounts not less than: 1) $1,000,000 for each accident for bodily injury by accident 2) $1,000,000 policy limit for bodily injury by disease 3) $1,000,000 for each employee for bodily injury by disease V. If there is an exposure of injury to the Contractor's employees under the U.S. Longshoremen's and Harbor Workers' Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims. City Council 13 — 27 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 24 c. General Liability Insurance i. The Contractor shall carry General Liability and Umbrella or Excess Liability Insurance covering all operations by or on behalf of the Contractor providing insurance for bodily injury liability and property damage liability for the following limits and including coverage for: A. Premises, operations, and mobile equipment B. Products and completed operations C. Broad form property damage (including completed operations) D. Explosion, collapse, and underground hazards E. Personal injury F. Contractual liability The Contractor shall not require certified Small Liability Insurance that exceeds the 4 Limits/Additional Insureds," of these sp icy Liability Insurance limits in Section (d)(i iabil these specifications shall apply to cert work performed on the project, rega Section (d) (i), "Liability Limits/A ' nal Ins subcontracts for all tiers. Public works con et sea, must meE that workers are wages on public d. LIABILITY LIMI i. The limits ness subcontractors to carry n Section (d) (i), "Liability The maximum required mi dditional Insureds," of Busin ss subcontractors for Df tier. The provisions of ," shall be included in all as defined in Labor Code Section 1720 requirements. California law requires the general prevailing rate of per diem e at least the amounts shown in the following table: City Council 13 — 28 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 25 Construction For Each Aggregate for General Umbrella or Contract Occurrence' Products/ Aggregate2 Excess Amount 4 Completed Liability3 Operation !41,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000 >$1,000,000 <_$15,000,000 $1,000,000 $2,000,000 $2,000;000 $10,000,000 >$15,000,000 <_$25,000,000 $2,000,000 $2,000,000 $4,000,000 $15,000,000 >$25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000 7 91 1. 2. 3. Combined single limit for bodily injury and prope This limit shall apply separately to the Contract The umbrella or excess policy shall contain (drops down) in the event the primary lim' are i "Construction Contract Amount" is the totdll all or a portion of which is funded with Buildi Delay: Grantee shall promptly notify th( delay or interruption of the project bey timeline. The notice shall spec' w< each delay. Documentation: Grantees s documentation of and upon comp on of the 9. Grantee's Res C. d. e. damage. work under this contract. e stating that it takes effect hred or exhausted. of theVonstruction contract )rd Grant funds. p,�ra�l%writing of any event causing s uled implementation plan ayed and the cause and period of MIJi*the State Library photographic r to the start of the project, during the project, and its representatives shall: Faithfully and expOW4Qr perform or cause to be performed all project work as described in the app ation, timeline/activities, and budget submitted by the Grantee. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in relation to the grant funds. Comply with all applicable California laws and regulations. Implement the project in accordance with applicable provisions of the law. Fulfill their obligations under the Agreement and be responsible for the performance and completion of the project. Follow all applicable local, state and/or federal laws pertaining to the expenditure of funds. City Council 13 — 29 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 26 g. Retain any bid, contracts, and any other pertinent documentation. Likewise, all local, state, and federal permits required for construction projects must be acquired by the grantee and retained for a period of five (5) years after the end of the grant period. 10. Inspection of the Project: The State Library shall have the right to inspect the project during the grant term. Grantee shall deliver to the State Library any inspection reports prepared, to the extent available to the Grantee. Inspection of the project shall be for the sole purpose of protecting the State of California's interest and is not to be construed as a representation by the State Library that there has been compliance with plans or that the project will be free of faulty materials or workmanship. The Grantee can make or cause to be made such other independent inspections as the Grantee may desire for its own prot 11. Interest: Any interest earned on grant funds held contributed to the SANTA ANA PUBLIC LIBRARY 21 cannot be used as local matching funds. 12. Maintenance and Operation: The Grantee is res projects funded by the State of Califorl6Lare m condition as when the project was conj Maintenance and operations standards project. 13. Matchina Funds: PE 6120-161-0001 1 d) ( dollar basis. The Stc the requesting to financially unab assessment of a re7 requirement, as foll ntee shall be Project. Interest funds ble for ensuring that grant Cd and operated in the same ear and tear is accepted. lopted upon completion of the 02%(Chapter 69, Statutes of 2021, Item .aired to match state funds on a dollar -for- e the amount of required matching funds if -IV can demonstrate that it is eligible and required matching funds. Upon receipt and ;t, the State Library may lower the match a. For each library with local operating include per capita (LIPC) of more than $40, no reduction in local match is allowed b. For reach library with an LIPC between $40 and $15.01, the local match may be reduced by half. c. For each library with an LIPC of $15 of less, the local match may be eliminated. 14. Permits, Licenses, Approvals, and Legal Obligations: Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project(s). Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental, procurement, and safety laws, rules, regulations, City Council 13 — 30 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 27 and ordinances. Grantee shall be prepared to provide copies of permits and approvals to the State Library should the State Library request copies. 15. Relationship of Parties: If applicable, Grantee is solely responsible for design, construction, and operation and maintenance of projects within the project application and implementation plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Grant Agreement. 16. Use of Funds: Grantee agrees that the grant funds shall be expended only in accordance with the applicable statutes and Grant Guidelines governing the Program, and only for the purposes and activities set folk in this Agreement and the Grantee's approved outputs, budget, and impleme of the award packet documentation. The grant fU4 the payment of, or reimbursement for, approve o budget completed as part of the award pa do( budget as approved in writing by the State Lib made only after the costs have been incurred by shall mean all hard and soft eligible cc thereto), which were approved, or will needed for the completion of LULproj 17. Use of site: The facility, or t4 upgraded, or rehabilitated program will be dedjjdW� according to the catic Code of Regul ns, Title organized collect of prir paid staff; and regu C, sc of not less than 10 year on plan completed as part ,�Ilbe used exclusively for wn in the project nenTCM h paym or the amended t of costs to be ,Grantee. "Approved Costs" Nect (and modifications Pby the State Library, which are ance with application. quired, constructed, or remodeled, Fed as part of the Building Forward grant service and used as a public library 18010 through 20092 and California ision 2 and provide at least the following: an or other library materials, or a combination thereof; sled hours for being open to the public for a period ig completion of the grant period. 18. Withdrawal of a Project: If it is determined by the grant recipient that a project cannot be completed within the scope of the approved application, the project may be withdrawn by the Grantee prior to the completion of fifty percent of the project. Upon withdrawal of a project, all unspent funding must be returned to the State Library along with a completed detailed expenditure form showing how any unreturned funds were spent. City Council 13 — 31 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 28 F:CALIFORNIA VISTATE LIBRARY EXHIBIT C: CERTIFICATION OF COMPLIANCE FORM 1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive an expend funds in order to implement this grant -funded project. I certify that all information provided to the Calif is St Library for review in association with this award is correct and co to to the t of my knowledge, and as the authorized representative of the tel comm the conditions of this award, and I have the legal authority to do I certify that any or all other participan ntract n the grant -funded project have agreed to the terms of the Award gre nd have entered into an agreement(s) concerning the fi al dispo purchased for this project fr unds described in the attache and cket, California State Librarian. of equipment, facilities, and materials irded for the activities and services approved and/or as amended by the I certify that I hav ie naWi derstand the list of unallowable costs and that my project doet contain y oche unallowable costs listed. The authorized repNentativIbn behalf of the Grantee, certifies that the Grantee will comply with all aXCWFrequirements of State and Federal laws, regulations, and policies governing TWproject, to include the requirements listed below in this Certification of Compliance Form. 2. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $9,329,973. This award will fund library facility improvements as set forth in the list of approved outcomes, Implementation Plan and Budget as approved and/or as amended by the California State Librarian. 3. The authorized representative, on behalf of the Grantee, hereby certifies that City of Santa Ana will provide a cash match in the amount of $0. The matching funds (if applicable) will be expended during the grant period at the same rate as the state - provided grant funds. City Council 13 — 32 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 29 4. The authorized representative, on behalf of the Grantee, hereby certifies that the project property, or a part thereof, will be dedicated to public library services and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period. 5. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code § 12990 (a-f) and CCR, Title 2, 6. Section 11102). DRUG -FREE WORKPLACE REQUIREMENTS: Grante of the Drug -Free Workplace Act of 1990 and will taking the following actions: a. b. Publish a statement notifying employees tl14 dispensation, possession or use of a controlle specifying actions to be taken ag empl( Establish a Drug -Free Awareness Pro 1) 2) 3) the dangers of drug a the person's or organ ble any availacou4 and, 4) penalties tha c. Every emplo wl^ 1) receive a y 2) agree to abi employment on mply with the requirements k&Ldrug-free workplace by cture, distribution, Lance is prohibited and or violations. ltmployees about: maintaining a drug -free workplace; and employee assistance programs; on employees for drug abuse violations. proposed Agreement will: mpany's drug -free workplace policy statement; and, rms of the company's statement as a condition of Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.) 7. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification. Current State Employees (Pub. Contract Code $ 10410): City Council 13 — 33 12/20/2022 8. City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 30 a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code § 10411): a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions , pl nning, arrangements or any part of the decision -making process relevant to th ontract while employed in any capacity by any state agency. b. For the twelve-month period from the date r she state employment, no former state officer or employee may ent to a ontr with any state agency if he or she was employed by that t ency in policy -making position in the same general subject area as roposed contract within the 12-month period prior to his or her I state ice. If Grantee violates any provisions of abd - G shall render this Agreement receive payment other tha payment for prep ar 10430 (e)). provisions which re , Compensation or to u such action by Grantee ct Code § 10420). �mpt from this section if they do not :h meeting of the board or commission, for per diem. (Pub. Contract Code § : Grantee needs to be aware of the ,mployer to be insured against liability for Worker's self-insurance in accordance with the provisions, and Grantee affirms to cTmply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700). 9. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.) 10. RESOLUTION: A county, city, district, or other local public body must provide the State Library with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 11. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity. City Council 13 - 34 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 31 12. DRUG FREE WORKPLACE: a. Continue to provide a drug -free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug -Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government - wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug -Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707). b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug -free workplace; publishing a drug -free workplace statement; establishing a drug -free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace. � 13. ACCESSIBILITY: The organization receiving this a section below, and all project staff, will ensure c California accessibility standards. 14. NON-DISCRIMINATION: The organization rec certification section below, and all project s non-discrimination laws. 15. ACKNOWLEDGEMENT: The orga certification section below, State Library acknowledgaWer listed in the certification ecNTer'sals will meet listed in the e to comply with all California award, as listed in the toff, agree to comply with California City Council 13 — 35 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 32 Certification ORGANIZATION Name: Address (official and complete): PROJECT COORDINATOR Name: Email: Phone: GRANTEE AUTHORIZED REPRESENTATIVE Name: Title: Email: Phone: Signature: Date: KI City Council 13 — 36 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 33 Authorized Representative Signature ORGANIZATION Name: Address (official and complete): AUTHORIZED REPRESENTATIVE Signature: Date: Click or tap here to enter text. Printed Name of Person Signing: Title: STATE OF CALIFORNIA Agency Name: California State Library Address: N Stree acramento, CA 95814 Signature: Date: Printed Name of Person Signing: T1IIIIIIIIIIINhiCnliforniaNle Librarian 0 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney B Y• randon Salvatierra Deputy City Attorney qw City Council 13 — 37 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 34 0 CALIFORNIA STATE LIBRARY EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses: Mileage: $0.585 per mile - appro bu ss/travel expense Rate subject to change Meals: $7.00 - Breakfast Receipts are required $1 1.00 - Lunch $23.00 - Dinn $5.00 - Incide s Meals Note: Lunch can only be cl ' ed if tr more than 24 hours. Incidental charge may be claimed once ev 24-I(eriod and should cover incidental expenses, such as but not limi to, ' , bagg handling, etc. Hotel: 9 107TRIAWur all counties/cities not listed below Receipts are require 00 s tax for Napa, Riverside, and Sacramento and MUST have a o Co ties balance. $ 11 0 plus tax for Marin County $ 1 .00 plus tax for Los Angeles, Orange, and Ventura unties, and Edwards AFB. Excluding the city of Santa monica $ 125.00 plus tax for Monterey and San Diego Counties $ 140.00 plus tax for Alameda, San Mateo and Santa Clara Counties $ 150.00 plus tax for the City of Santa Monica $ 250.00 plus tax for San Francisco County Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes. Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel. City Council 13 - 38 12/20/2022 City of Santa Ana Main Library 2021-2022 B F-1-21-053 Page 35 AIRLINE TICKETS: Actual reasonable fees pertaining to airline travel will be Itinerary and receipts are reimbursed. Business, First Class, or Early Bird Check -in fee required is not an approved reimbursable expense. City Council 13 — 39 12/20/2022 OCALIFORNIA STATE LIBRARY November 1, 2022 RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia's Actions in Ukraine Dear Grantee, You are receiving this notification because you currently have aka grant through the California State Library. On March 4, 2022, Governor Gavin Newsom issued Exe ve er N-6-2 O) regarding sanctions in response to Russian aggression in Ukraine. T is located at htt s://www. ov.ca. ov/w -content/u loads/20 /03/3.4.22-R 'a -Ukraine -Executive -Order. df. The EO directs all agencies and departments tha re s t he Governor's authority to take certain immediate steps, including notifying all con sanntees oftheir obligations to comply with existing economic san^cfion osed he U.Sernment in response to Russia's actions in Ukraine, as well as anymposender state law. This correspondence serves as a no that as a contractor or grantee, compliance with the economic sancti IT nse to Russia's actions in Ukraine is required, including with respect ut not li dfederal executive orders identified in the EO and the sanctions identified he U.S. Dep ent of the Treasury website Failure to comply may result in the termination of contracts or grants, as a Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO. Annly Roman Grants and Bureau Operations Manager California State Library 900 N Street Sacramento, CA 95814 City Council 13 — 40 12/20/2022 Building Forward Round 1 Grant Monitor Checklist • Final Project Budget • Final Project Implementation Plan • Resolution from the grantee organization's governing body approving acceptance of grant funds and designating an Authorized Representative allowed to enter into agreements on behalf of the organization • Grant Agreement and Certification of Compli If required based on specific project • A letter from the grantee organization's Ch inancial Officer, Finance Director, or equivalent confirmin lability atching funds (Required for all grantees contributing local afc • A current facility lease erm ending at least ten years after the end of the grant period. quire for all jects involving leased buildings.) All relevant docum e d approved by Libby Carlson. Grant Monitor Signatur City Council 13 — 41 12/20/2022 Public Works Agency www.santa-ana.org/pw Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Appropriate Additional Construction Funding AGENDA TITLE Approve an Appropriation Adjustment and Additional Contingency Funds for Existing Contracts for the Santa Ana Boulevard and 51" Street Protected Bike Lane Project (Project 17-6880) (Non -General Fund) RECOMMENDED ACTION Authorize a budget reallocation of $150,000 in unspent Measure M2 Fairshare funds to the Santa Ana Boulevard and 5t" Street Protected Bike Lane Project (Project No. 17-6880) from Project Development FY 22/23 (No. 23-6899). 2. Authorize a budget reallocation of $200,000 in unspent Measure M2 Fairshare funds to the Santa Ana Boulevard and 5t" Street Protected Bike Lane Project (Project No. 17-6880) from Right of Way Management FY 22/23 (No. 23-6900). 3. Approve an appropriation adjustment to recognize $400,000 from Orange County Transportation Authority OC Streetcar Funding in the Select Street Construction, Expense Reimbursement revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account (Requires five affirmative votes). 4. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $750,000 in construction funds for the Santa Ana Boulevard and 5t" Street Protected Bike Lane Project (Project No. 17-6880). DISCUSSION On December 17, 2019, the City Council awarded a construction contract to Vido Samarzich, Inc. (Contractor) for the Santa Ana Boulevard and 51" Street Protected Bike Lanes Project (17-6880) (Exhibit 1). The scope of the project includes constructed median protected bike lanes between the Civic Center and the Santa Ana Regional Transportation Center. The contractor is required to coordinate closely with the Orange County Transportation Authority's (OCTA) OC Streetcar Project; approximately 40 percent of the bike lane alignment is to be constructed immediately adjacent to the OC Streetcar track slab. The Contractor has successfully completed all work not adjacent to the OC Streetcar improvements but, due to delays with the OC Streetcar construction, City Council 14 — 1 12/20/2022 Appropriation Adjustment for SA Blvd and 51" Street Bike Lane December 20, 2022 Page 2 the Contractor was forced to pause their construction until they received approval to proceed by OCTA and the City to resume construction within in the OC Streetcar segments. Due to these delays, the Contractor has experienced significant escalation of material costs and labor rates to perform the remaining work. Throughout the project, the City has worked closely with OCTA to expedite construction whenever possible. In doing so, due to their overlapping construction footprints, the City's Contractor took on work originally designated for the OC Streetcar in order to expedite and deliver certain roadway improvements more efficiently. In order to cover the cost escalations and the additional work performed by the Contractor (Exhibit 2), the City will be receiving reimbursement from OCTA and requests an appropriation adjustment to recognize $400,000 from OCTA OC Streetcar Funding as well as a reallocation of $350,000 in unspent Measure M2 Funds to the Santa Ana Boulevard and 5t" Street Protected Bike Lane Project (Exhibit 3). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2016- 097 was filed for the project. FISCAL IMPACT With the approval of the budget reallocations and appropriation adjustments, the total funding needed to deliver the project will be available for expenditure. 1. Budget reallocation to of $150,000 in unspent Measure M2 Fairshare funds to the Santa Ana Boulevard and 5t" Street Protected Bike Lane Project (Project No. 17-6880) from Project Development FY 22/23 (No. 23-6899). 2. Budget reallocation of $200,000 in unspent Measure M2 Fairshare funds to the Santa Ana Boulevard and 5t" Street Protected Bike Lane Project (Project No. 17- 6880) from Right of Way Management FY 22/23 (No. 23-6900). 3. Appropriation adjustment to recognize $400,000 in Orange County Transportation Authority OC Streetcar Project funds in the Select Street Construction, Expense Reimbursement revenue account (No. 05917002-57000) and appropriate the same amount to the Select Streets Construction, Improvements Other Than Building expenditure account (No. 05917660-66220). All funds are available for expenditure in Fiscal Year 2022-23; however, any remaining balances not expended by the end of the fiscal year will be carried forward into FY 2023-24 for expenditure. The following table summarizes the $750,000 that will be made available by this Council action to fund the additional construction costs: City Council 14 — 2 12/20/2022 Appropriation Adjustment for SA Blvd and 51" Street Bike Lane December 20, 2022 Page 3 Accounting Unit - Accounting Unit — Fiscal Fund Account No. Account No. Amount Year Description (Project No.) Description BUDGET REALLOCATION Measure M2 03217662-66220 Measure M 2022-23 (From Proj. 23-6899 Street Fairshare, $150,000 Improvements Other to Proj. 17-6880) Construction Than Building Measure M2 03217662-66220 Measure M 2022-23 (From Proj. 23-6900 Street Fairshare, $200,000 Improvements Other to Proj. 17-6880) Construction Than Building APPROPRIATION ADJUSTMENTS Select Street 2022-23 05917660-66220 Select Street Construction, $400,000 (17-6880) Construction Improvements Other Than Building Total: $750,000 EXHIBIT(S) 1. Staff Report: Construction Contract Award 12/17/2019 2. Revised Cost Analysis 3. Amendment to Fiscal Year 2022-23 CIP Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 14 — 3 12/20/2022 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT AND AWARD A CONSTRUCTION CONTRACT TO VIDO SAMARZICH, INC., IN THE AMOUNT OF $3,776,881, FOR THE SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANES PROJECT WITH AN ESTIMATED TOTAL COST OF $4,484,000 (PROJECT NO 17-6880) (STRATEGIC PLAN NO. 6, 1 C) /s/Kristine Ridge CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: h_ NNIZ16 :11 ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment authorizing the expense of $799,830 from the Traffic System Management, State Grants -Direct revenue account and appropriating the same amount to the Active Transportation Program, Improvements Other Than Building expenditure account. 2. Award a contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid, in the amount of $3,776,881, for construction of the Santa Ana Boulevard and 5th Street Protected Bike Lane Project, 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. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,484,000, which includes $3,776,881 for the construction contract; $329,431 for contract administration, inspection and testing; and a $377,688 project contingency (approximately 10% of the construction contract amount). DISCUSSION The City of Santa Ana is developing safer, walkable streets for Santa Ana residents who are dependent on walking or bicycling for transportation every day. Implementation of these types of street improvements are the result of goals established by the City's Active Transportation Plan (ATP) and ultimately provides safe bicycling and walking in the City, enhances non -motorized travel infrastructure, and creates options to support the existing population. City Council 14 — 4 12/20/2022 20E-1 Award Contract to Vido Samarzich, Inc., for Santa Ana Boulevard and 5th Street Protected Bike Lanes Project December 17, 2019 Page 2 The project will install approximately 2.2 miles of protected bike lanes along Santa Ana Boulevard and 5th Street (Exhibit 1). The proposed bike lanes will improve bicycle routes to and from schools, parks, trails, local shopping centers, and high -density residential areas. The construction scope of work includes a raised concrete median, asphalt concrete pavement, concrete sidewalks, curb and gutter, and driveway approaches. Related improvements will provide Americans with Disabilities Act curb ramps, pedestrian push buttons, traffic signs and striping, and a traffic signal video detection system. The work will require relocating several water services from private property onto the public right-of-way where they are typically located. Once completed, the improvements will provide safe, fun, convenient, healthy, and environmentally friendly travel for all ages and abilities. The City secured an Active Transportation Program grant in the amount of $4,484,000 for the Santa Ana Boulevard and 5th Street Protected Bike Lanes Project. The grant award was included in the approved Fiscal Year 2018-19 Capital Improvement Program. However, the September 17, 2019 City Council action approving the carryover of unspent Fiscal Year 2018-19 budgets only specified $3,684,170 for this project. Staff is requesting an Appropriation Adjustment (Recommended Action No. 1) to authorize expenditure of the additional $799,830 needed to establish the project budget for the full $4,484,000 grant award. 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 October 8 and 15, 2019. Bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on October 6, 2019. 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. Project notifications were sent to 873 vendors, including 48 located in the City of Santa Ana, via PlanetBids. Bid documents were requested from 67 vendors, and bids were received from 5 contractors. No bids were received from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Vido Samarzich, Inc. Rancho Cucamonga $3,776,881 2 Griffith Company Santa Fe Springs $4,673,090 3 Lonerock, Inc. Irvine $4,712,463 4 Excel Paving Co Long Beach $4,734,986 5 Walsh Construction Company II Los Angeles $5,400,000 All five bids were responsive. Vido Samarzich, Inc., submitted the lowest responsive bid (Exhibit 2) in the amount of $3,776,881. Based on a bid analysis and a contractor's reference check, staff recommends awarding the construction contract (Exhibit 3) to Vido Samarzich, Inc., in the amount bid. City Council 14 — 5 12/20/2022 20E-2 Award Contract to Vido Samarzich, Inc., for Santa Ana Boulevard and 5th Street Protected Bike Lanes Project December 17, 2019 Page 3 Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total cost to deliver the project also requires construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes 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 indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $4,484,000. Construction Contract $3,776,881 Construction Administration, Inspection, and Testing $329,431 Contingencies $377,688 ESTIMATED CONSTRUCTION DELIVERY COST $4,484,000 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), 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 In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2016-097 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $4,484,000, which includes the construction contract, contract administration, inspection, testing, and project contingency. Approval of the requested Appropriation Adjustment will authorize the expense of $799,830 from the Traffic System Management, State Grants -Direct revenue account (No. 14817002-52025) and appropriate the same amount to the Active Transportation Program, Improvements Other Than Building expenditure account (No. 14817613-66220). The following table summarizes the funds budgeted to deliver construction of this project: Fiscal Year Accounting Unit- Fund Description Accounting Unit, Amount Account # Account Description APPROPRIATION ADJUSTMENT 14817613-66220 Traffic System Active Transportation FY 2019-20 (Proj. 17-6880) Management Grant Program, Improvements $799,830 Dec. -June Approved FY18-19 C/P (Capital Grants Fund) Other Than Building CARRYOVER APPROPRIATION (Approved September 17, 2019) City Council 14 — 6 12/20/2022 20E-3 Award Contract to Vido Samarzich, Inc., for Santa Ana Boulevard and 5th Street Protected Bike Lanes Project December 17, 2019 Page 4 FY 2019-20 14817613-66220 Traffic System Active Transportation Dec. -June (Proj. 17-6880) Management Grant Program, Improvements $3,684,170 Approved FY18-19 C/P (Capital Grants Fund) Other Than Building Total: $4,484,000 All funds are scheduled for expenditure in Fiscal Year 2019-20. Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSS/NS/TC/MO Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis /I19=Y61►/MI7_&Sr01all 0191;y_1►1by-AWSIG111►N�yi Kathryn Downs, CPA Executive Director Finance and Management Services Agency City Council 14 — 7 12/20/2022 20E-4 EXHIBIT 2 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 17-6880: Santa Ana Boulevard and 5th Street Protected Bike Lane [ATPL-5063 (170)] Original Cost Analysis Amount Added Updated Cost Analysis Construction Contract $ 3,776,881 $ 3,776,881 Contract Administration $ 150,543 $ 150,543 Inspection and Testing $ 178,888 $ 178,888 Contingencies $ 377,688 $ 850,000 $ 1,227,688 TOTAL ESTIMATED CONSTRUCTION COSTS j $ 4,484,000 1 $ 850,000 1 $ 5,334,000 City Council 14 — 8 12/20/2022 PROJECT TITLE: Santa Ana Boulevard and 5th Street Protected Bike Lane PROJECT CATEGORY: Street Improvements Arterial Street Rehabilitation LOCATION MAP A N gg AGENCY: Public Works CITY OF SANTA ANA FY 22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: The project entails constructing median protected bike lane on portions of Sant Ana Blvd, 5th, 6th, Brown, Lacy, Garfield, and Mortimer between the Santa Ana Regional Transportation Center (SARTC) and Orange County Civic Center. F ECT NEED: nta Ana is developing safer, walkable streets for Santa Ana who are dependent on walking or bicycling for transportation y. Implementation of these types of street improvements are t of goals established by the City's Active Transportation Plan ultimately provides safe bicycling and walking in the City, s non -motorized travel infrastructure, and creates options to he existing population. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Construction 850,000 - - - - - - TOTAL 850,000 - - - SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 CMAQ 400,000 - - - - - - GAS TAX 450,000 - TOTAL 850,000 - - - - - - DIVISION: C/P Engineering CONTACT: Sean Thomas, Senior Civil Engineer DATE: 04-Nov-2022 City Council 14 — 9 12/20/2022 Public Works Agency https://www.santa-ana.org/pw Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Willard Neighborhood Water and Sewer Main Improvements AGENDA TITLE Approve a Budget Reallocation and Award a Construction Contract to Big Ben, Inc., in the Amount of $3,163,400 for the Willard Neighborhood Water and Sewer Main Improvements Projects, with an Estimated Project Delivery Cost of $4,112,420 (Project Nos. 23-6454 & 16-6466) (Non -General Fund) RECOMMENDED ACTION 1. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,163,400 for construction of the Willard Neighborhood Water and Sewer Main Improvements Project, for the term beginning December 6, 2022, 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. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,112,420, which includes $3,163,400 for the construction contract; $474,510 for contract administration, inspection and testing; and a $474,510 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $984,841 in construction funds for the Willard Neighborhood Sewer Main Improvements Project. DISCUSSION Public Works Water Resources staff monitors the condition of water main pipelines by assessing critical factors such as history of breaks, pipe size, alignment, location, and system redundancy to determine replacement priorities. The water and sewer main, as well as sewer laterals, on Willard Neighborhood have been identified for replacement (Exhibit 1). The improvements include new polyvinyl chloride water and sewer main, fire hydrants, water services, sewer laterals, appurtenances, Portland Cement Concrete pavement, asphalt concrete pavement, and traffic striping. Once completed, water service reliability City Council 15 — 1 12/20/2022 Willard Neighborhood Water and Sewer Main Improvements December 20, 2022 Page 2 and general service quality will improve significantly. In addition, the potential for disruption due to water main breaks will be substantially reduced. 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 September 27 and October 4, 2022. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on October 18, 2022. The City notified a total of 624 regional vendors via PlanetBids, 18 of which are Santa Ana based. Fifty-five vendors requested bidding documents. A total of eleven bids were received. However, no bids were received from Santa Ana contractors. Bid Results Summ RANK BIDDER'S NAME LOCATION BASE BID 1 Big Ben, Inc. Irvine $3,163,400.00 2 Dominguez General Engineering, Inc. Pomona $3,619,000,00 3 TE Roberts, Inc. Orange $3,776,850.00 4 Lucas Builders, Inc. La Habra $4,156,900.00 5 Griffith Company. Brea $4,172,713.00 6 SRK Engineering. Escondido $4,241,300.00 7 Aid Builders, Inc. Los Alamitos $4,467,840.00 8 Stephen Doreck Equipment Rentals, Inc. Pico Rivera $4,817,060.00 9 ARB, Inc. Lake Forest $5,009,575.00 10 Excel Paving Co. Long Beach $5,189,950.00 11 Mike Bubalo Construction Co., Inc. Gardena $5,496,250.00 Of the eleven bids received, all were deemed responsive. Big Ben, Inc., submitted the lowest responsive base bid, in the amount of $3,163,400 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Big Ben, Inc., in the amount of the base bid totaling $3,163,400 (Exhibit 3). Big Ben, Inc., has performed the following work in the City of Santa Ana within the past 5 years: Baker -Glenwood Sewer Main Upgrade (Project No. 21-6446), and Lincoln Avenue Water & Sewer Main Improvements (Project Nos. 22-6468 & 22- 6620). City Council 15 — 2 12/20/2022 Willard Neighborhood Water and Sewer Main Improvements December 20, 2022 Page 3 Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project 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 includes the following: construction management; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $4,112,420. Project Item Total Construction Contract $3,163,400.00 Construction Administration, Inspection, Testing $474,510.00 Contingencies $474,510.00 TOTAL CONSTRUCTION DELIVERY COST $4,112,420.00 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-97 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $4,112,420, which includes the construction contract, contract administration, inspection, testing, and project contingency. Upon approval of the requested appropriation adjustment, the total funding needed to deliver the project will be available for expenditure. Funds for this action have been transferred from previously appropriated funds for the Washington Square Sewer Main Improvements Project (Project No. 18-6498) to the Willard Neighborhood Sewer Main Improvements Project (No. 16-6466) and are available for expenditure in the current Fiscal year 2022-23. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward for expenditure in the following fiscal year, if needed. Fiscal Accounting Unit Fund Accounting Unit — Year — Account No. Description Account No. Amount Description 06617647-66301 Acquisition & Water Utility Capital 2022-23 (Proj. 23-6454) Construction Projects - Water $1,500,000 Capital Project City Council 15 — 3 12/20/2022 Willard Neighborhood Water and Sewer Main Improvements December 20, 2022 Page 4 Fiscal Accounting Unit Fund Accounting Unit — Year — Account No. Description Account No. Amount Description Capital Recovery 2022-23 05417647-66220 Sanitary Sewer Charges - $2,612,420 (Proj. 16-6466) Capital Improvements Other Than Building TOTAL: $4,112,420 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. FY 2022-23 Capital Improvement Program Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 15 — 4 12/20/2022 EXHIBIT 1 w w 17TH H w w U) w - U) f a 15TH STREET 'ASHINGTON (D AVENUE H w w wry U) 0 u- 10TH > U) a o STREET 0� w W z � o c Z CIVIC a CENTER VICINITY MAP NOT TO SCALE STREET w D z w a w co U 2 DRIVE w w ry U) PROJECT LOCATION SANTA ANA Gp?O/V Fi PROJECT NO.21-6454 & 16-6466 P W WILLARD NEIGHBORHOOD WATER & PUBLIC WORKS pity 15 - 5 1 /2 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21.6454 & 1 66 WILLARO NEICrHBORI10O1) WATER AND SEWER MIAIN° IM[PROVWENTS 71113 PROPOSAL TO; CITY COUNCR. OF THE CITY OF SANTA ANA FROM; Big Ben Inc. REQUIREMENT: The undersligned N cr declares that they have carc fully examiftd The Ic cation of the proposed work-, that they Kaye examined the Cuntracl Documents in ils enti 1p artd bcroby PFOPMrts to famish al.1 mated DI and do a]I the work required to complete the said Fork in accordanec with said plans (i F any and lire specifications for the unit pi ice(s) or lump sum(s) scl forlh in I he following schedule - Item 11eseriplibu Ql� Usk U41t Prlce Amoiapi I 3doUiFit#IiG�1 [fix. s4ia of �or�l did} i I.,� S 1 a S ID0, a 2 S" Clans 305 (DR 14) CUPVC Pipe 2.60 �-F 5 /2, e 3 l' Cepper WaGcrSeftiKe 11 'E7A r L! 1 S i2' 4 2' Coppr is Waicr Scrvic� 6 EA '6, $ S r RmAitw WC4-cGaw VA-vt 4 EA 6 'Fire }lydraml 4 EA S 000 5 OOD F 2" RlowOFrAsombly I EA S f 00 S r O oo s V-CFIkPrI OfEitt {ADZ )?* 3 EA 0 S 0 9� 4 1" Air Vacuism RCkasc Valve �Ar-Mrcdcd}' 3 EA S r� � 10 Add[donal FathaJing (As-Ktedcd}* 10 EA $ S T r t l 9- S.DR46 PVC Pipe I." LF S � �y 7 t ,) 12 &wcr La[eral aed Cleamul (Operr 70 1=A 3 S EL4 Rcmun EKI' ling Manhole 5trudure 10 � 11 t *� � 1tiCw Mar;rbole Srruc4urr 11 'EA S 1 OD-0 it $ 1 City Council 15 — 6 12/20/2022 P-1 of P-17 ADDENDUM INTO. i CITY OF SANTA ANA PROPOSAL PROJECT NO.. 2 t-6454 & I6-6466 WILLA RD N E 1QH BOR HOOD WATER AND SEWED MAIN IMPROVEMENTS Item Dwripoon QtY Unit Unit Prig Amouat 15 ScwrrFllawLend 1�ioniloring & 2 EA S S d Alamm ng Daviix 16 CCTV jnspe 6ca of New Scwer 21800 LF main � 17 CCTV IftTWIion of F1tw Sewer 70 EA S J S ft Lateral" " 18 UFwL& slfed ExcaMion 1.040 CY S 1(00 S Gob 19 AsphaltCancrelb 130 TN S S 20 C9.1d MiJI (2") 1,500 $F S 21 PCC Pavement (T-X w CY $ r 22 PCC Curb Ramp 11800 SF S S 6 00 23 PCC D]rirtway App,oash 3,U00 SF 3 S 24 F+C'CCross-Gutler 41150 SF S 5 � 25 pCC Cwb & GwUr (A-2-6) 2a&Drk If S 00 26 Bypass Pmnpirrg 1 LS { S S �DJ �00 O 2-7Siping tripi ng & 500 ! LS S, 2$ [ y ittic�ian Penmi� 1 L-N 110,0M $ C0,000 2 As-Bui It flans I LS S 25.000 S 25R00 City Council P-2 af' P- 1 15 — 7 12/20/2022 , CITY OF SANTA AA. PROPOSAL PROJECT NO.- 21-6454 & 16-6466 WILLARD N EIGHBDRHOOD WATER AND SEWER MAIN IMPROVEMENTS 1 TOTAL BASE HID 1 S .3, / � qQ , I The lowest responsible bidder shall be sclected based on the total base hid, The City resew the right to award the Base Bid, and any, all, or none of the add-altcrnatc bid items (if any). * The quantity for this bid item is shown For hid comparison only. This bid item shall not be subject to the .525 0,. 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 decrmethe quantity of this item accordingly. t This bid item is considered a Specialty [tern per Section 3-2 of the Staridzird Specifications. TIME FOP, OOMPLETIQN OF IMPROVEMENTS_ AND LIQUIDATED DAKAG.B�. The underAgrned bidder hereby proposes to complete the Work for the total base hid atnoun, shown above, within one hundred and thirty 130 work ing days after the comrnencornent date - statue in the Notice to Ptoceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be S4,400 per calendar day. Name of Firm Big Ben Inc. Sipature of BIDDER Title President I; T% (if an individual, so state. if a firm orco-partnership, state the firm itarte and give the names of all individual co-partners composing the rum. If a corporation, state legal name, ofcorporation, and names of President, Secretary, Treasurer and Manager, thereof) City Council 15 — 8 12/20/2022 P-3 of P-17 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 21-6454 & 16-6466 WILLARD NEIGHBORHOOD WATER AND SEWER MAIN IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 201h day of December, 2022 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 Big Ben Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Willard Neighborhood Water and Sewer Main Improvements (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 Three Million, One Hundred Sixty -Eight Thousand, Nine Hundred Dollars and Zero Cents ($3,168,900.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase 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. City Council 15 — 9 12/20/2022 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK 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: http://www.santa-ana.org_/pwa/documents/CWA.pdf 7. 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, furnish 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. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising Cit 1 — 10 1 20/20 2 of any Xo% VK , of the Work of Improvement. Page 2 of 3 (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JOHN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Big Ben Inc. NAME: Sep Sharifi TITLE: President City Council 15 —11 12/20/2022 Page 3 of 3 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21.6454 & 1 66 WILLARO NEICrHBORI10O1) WATER AND SEWER MIAIN° IM[PROVWENTS 71113 PROPOSAL TO; CITY COUNCR. OF THE CITY OF SANTA ANA FROM; Big Ben Inc. REQUIREMENT: The undersligned N cr declares that they have carc fully examiftd The Ic cation of the proposed work-, that they Kaye examined the Cuntracl Documents in ils enti 1p artd bcroby PFOPMCS to famish al.1 mated DI and do a]I the work required to complete the said Fork in accordanec with said plans (i F any and lire specifications for the unit pi ice(s) or lump sum(s) scl forlh in I he following schedule - Item 11eseriplibu Ql� Usk U41t Prlce Amoiapi I 3doUiFit#IiG�1 [fix. s4ia of �or�l did} i I.,� S 1 a S ID0, a 2 S" Clans 305 (DR 14) CUPVC Pipe 2.60 �-F S /2, e 3 l' Cepper WaGcrSeftiKe 11 'E7A S r L! 1 S i2' 4 2' Coppr is Waicr Scrvic� 6 EA '6, $ S r RmAitw WC4-cGaw VA-vt 4 EA 6 'Fire }lydraml 4 EA S 000 5 OOD F 2" RlowOFrAsombly I EA S f 00 S r O oo s V-CFIkPrI OfEitt {ADZ )?* 3 EA 0 S 0 9� 4 1" Air Vacuism RCkasc Valve �Ar-Mrcdcd}' 3 EA S r� � 10 Add[donal FathaJing (As-Ktedcd}* 10 EA $ S T r t l 9- S.DR46 PVC Pipe I." LF S � �y 7 f t ,) 12 &wcr La[eral aed Cleamul (Operr 70 1=A S S EL4 Rcmun EKI' ling Manhole 5trudure 10 � 3 t *� o 3 � 1tiCw MD601e Srruc4urr 11 'EA S 1 $ City Council 15 — 12 12/20/2022 P-1 of P-] . ADDENDUM INTO. i CITY OF SANTA ANA PROPOSAL PROJECT NO.. 2 t-6454 & I6-6466 WILLA RD N E 1QH BOR HOOD WATER AND SEWED MAIN IMPROVEMENTS Item Dwripoon QtY Unit Unit Prig Amouat 15 ScwrrFllawLend 1�ioniloring & 2 EA S S d Alamm ng Daviix 16 CCTV jnspe 6ca of New Scwer 21800 LF main � 17 CCTV IftTWIion of F1tw Sewer 70 EA S J S ft Lateral" " 18 UFwL& slfed ExcaMion 1.040 CY S 1(00 S Gob 19 AsphaltCancrelb 130 TN S S 20 C9.1d MiJI (2") 1,500 $F S 21 PCC Pavement (T-X w CY $ r 22 PCC Curb Ramp 11800 SF S S 6 00 23 PCC D]rirtway App,oash 3,U00 SF 3 S 24 F+C'CCross-Gutler 41150 SF S 5 � 25 pCC Cwb & GwUr (A-2-6) 2a&Drk If S 00 26 Bypass Pmnpirrg 1 LS { S S �DJ �00 O 2-7Siping tripi ng & 500 ! LS S, 2$ [ y ittic�ian Penmi� 1 L-N 110,0M $ C0,000 2 As-Bui It flans I LS S 25.000 S 25R00 City Council P-2 af' P- 1 15 — 13 12/20/2022 , CITY OF SANTA AA. PROPOSAL PROJECT NO.- 21-6454 & 16-64 b WILLARD N EIGHBDRHOOD WATER AND SEWER MAIN IMPROVEMENTS 1 TOTAL BASE HID 1 S .3, / � qQ , I The lowest responsible bidder shall be sclected based on the total base hid, The City resew the right to award the Base Bid, and any, all, or none of the add-altcrnatc bid items (if any). * The quantity for this bid item is shown For hid comparison only. This bid item shall not be subject to the .525 0,. 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 decrmethe quantity of this item accordingly. t This bid item is considered a Specialty [tern per Section 3-2 of the Staridzird Specifications. TIME FOP, OOMPLETIQN OF IMPROVEMENTS_ AND LIQUIDATED DAKAG.��. The underAgrned bidder hereby proposes to complete the Work for the total base hid atnoun, shown above, within one hundred and thirty 130 work ing days after the comrnencornent date - statue in the Notice to Ptoceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be S4,400 per calendar day. Name of Firm Big Ben Inc. Sipature of BIDDER Title President I; T% (if an individual, so state. if a firm orco-partnership, state the firm itarte and give the names of all individual co-partners composing the rum. If a corporation, state legal name, ofcorporation, and names of President, Secretary, Treasurer and Manager, thereof) City Council 15 — 14 12/20/2022 P-3 of P-17 EXHIBIT 4 COST ANALYSIS CONSTRUCTION PROJECT NO. 21-6454 & 16-6466: Willard Neighborhood Water and Sewer Main Improvements Construction Contract $ 3,163,400.00 Contract Administration, Inspection and Testing $ 474,510.00 Contingencies $ 474,510.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 4,112,420.00 City Council 15 — 15 12/20/2022 PROJECT TITLE: Willard Neighborhood Water Main Improvements PROJECT CATEGORY: Utility/Drainage/Lighting Improvements Water Improvements LOCATION MAP A N AGENCY: Public Works CITY OF SANTA ANA FY 22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: This project will replace aging water distribution pipelines and related appurtenances including fire hydrants and valves. 7project NEED: equired to maintain effective operation of theCity's n system, replace obsolete water mains to ensure y, and protect water quality. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28129 Construction 1,500,000 - - - - - - TOTAL 1,500,000 - - - - - - SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 WATER CAPITAL 1,500,000 - - - - - - TOTAL 1,500,000 - - DIVISION: Water Resources CONTACT: Robert Aguirre, Senior Civil Engineer City Council 15 — 16 12/20/2022 53 Public Works Agency www.santa-ana.org/pw Item # 16 o`'r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Amend Agreements for Renewable Natural Gas Fueling Station AGENDA TITLE Approve Appropriation Adjustment and Amend Agreements with OPAL Fuels Station Services, LLC. for the Design, Construction and Maintenance of a Renewable Natural Gas Fueling Station (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing fund balance of $1,138,300 in the Air Quality Improvement Fund (AB 2766), Prior Year Carryforward revenue account, and appropriating the same amount into the Air Quality Improvement (AB2766) and Fleet Services- Air Quality Improvement expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute an amendment to the Design and Build Agreement with OPAL Fuels Station Services, LLC. (formerly TruStar Energy, LLC.) to provide services for Phase I —Design and Phase II —Equipment Procurement and Construction of a new compressed natural gas (CNG) fueling station at the City Corporate Yard, in amount not to exceed $4,972,151, for an amended term to begin December 20, 2022, and expire upon City's acceptance of project, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager to execute an amendment to the Service Agreement with OPAL Fuels Station Services, LLC. (formerly TruStar Energy, LLC) to provide services to maintain the CNG fueling station at the City Corporate Yard, in an amount not to exceed $595,129, for a five-year term to begin upon City's acceptance of project, with one five-year renewal option, subject to non - substantive changes approved by the City Manager and City Attorney. 4. Authorize the City Manager to execute an amendment to the Environmental Attribute Agreement with OPAL Fuels Station Services, LLC. (formerly TruStar Energy, LLC) for a term beginning January 1, 2023 and expiring September 30, City Council 16 — 1 12/20/2022 Amend Agreements for CNG Station December 20, 2022 Page 2 2032, with provisions for annual renewals, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's Public Works Agency utilizes a variety of heavy equipment and trucks to deliver street maintenance, water, and sewer services. The City has recently completed its goal of transitioning all heavy equipment from diesel fuel to natural gas fuels and it is necessary to replace and upgrade the existing compressed natural gas (CNG) fuel station, located at the City's Corporate Yard, which has surpassed its useful life, to allow for fast and efficient fueling with a publicly -accessible station. On August 17, 2021, at the conclusion of a competitive bidding process, City Council awarded three agreements to TruStar Energy, LLC. (TruStar), now known as OPAL Fuels Station Services, LLC. (OPAL), to: 1) construct a new compressed renewable natural gas (RNG) fueling station at the City's Corporate Yard, 2) maintain the facility, and 3) supply RNG. RNG is an environmentally superior fuel alternative to standard CNG as it is produced by harvesting harmful greenhouse gasses from landfills and waste processing facilities and is classified as a low carbon fuel by the California Air Resources Board's (CARB) Low Carbon Fuel Standard. The Low Carbon Fuel Standard creates a market for offsetting greenhouse gas credits for RNG dispensing facilities allowing for RNG dispensers to sell their credits and generate revenue. Originally, the scope of work was for a limited scale upgrade of the existing CNG station and did not include a publicly -accessible fuel station. The project was to be financed by OPAL in exchange for 100% of the RNG credits and the City's guaranteeing a certain volume of RNG dispensed. Since that time, staff has re-evaluated the fueling needs, contract terms, and identified alternative funds to complete a broader reaching scope of work that would meet the City's full fueling needs. As such, staff approached OPAL about amending the original agreements and requested that OPAL submit a proposal for a new turn -key, RNG fueling station which adds a publicly -accessible fuel station. Approval of the amended and restated Design -Build Agreement (Exhibit 1) will allow greater flexibility in design to better meet the needs of the City's fleet, reduce long-term fuel costs to the City, and allow for a publicly accessible RNG fueling. The Environmental Attribute Agreement, which allowed for OPAL to claim 100% of the available California Air Resources Board (CARB) and United States Environmental Protection Agency (EPA) credits for dispensing RNG will also be restated as part of this action. Staff determined that this arrangement, which was intended to cover initial capital costs, presented too much risk and was not in the City's best interest. Staff recommends approving the Master RNG Dispensing Agreement (Exhibit 2), which allows the City to City Council 16 — 2 12/20/2022 Amend Agreements for CNG Station December 20, 2022 Page 3 capture a percentage of the CARB and EPA annual credits valued at $0.67 per gasoline gallon equivalent (GGE), and fund the capital improvements with City funds. The amended Maintenance Agreement (Exhibit 3) allows for a fully maintained and warrantied RNG dispensing station as well as maintaining the public -facing station and facilitating the administration of credit card transactions. Staff recommends amending the Design -Build Agreement, RNG Dispensing Agreement, and Maintenance Agreement with OPAL Fuels Station Services, LLC to better serve the renewable natural gas fueling needs of both the City and the community at large. ENVIRONMENTAL IMPACT There is no environmental impact associated with the actions. However, according to the California Air Resources Board and the United States Environmental Protection Agency, the use of CNG vehicles and RNG in place of gasoline or diesel has an immediate positive impact on air quality by reducing greenhouse gas emissions. FISCAL IMPACT Design -Build Agreement: Funds identified for the design and construction portions of this project totaling $4,972,151, including the requested appropriation adjustment, are shown below. Water and Sewer Enterprise Funds used for this portion of the project will be budgeted in future fiscal years and will be recovered through exclusion of the standard fuel markup incurred by other City departments or sections. Fiscal Accounting Fund Accounting Unit, Amount Year Unit Description Account Description Fleet Services -Air 2022-23 03117101- Air Quality Quality Improvement, $17138,300 66220 Improvement Improvements Other Than Buildings 2023-24 06017641- Water Water Maintenance, $3,333,851 66400 Machinery & Equipment 2023-24 05617640- Sewer Sanitary Sanitary Sewer Service, $500,000 66400 Service Machinery & Equipment Total $4,972,151 Maintenance Agreement: The five-year operation and maintenance agreement, with one, five-year renewal option, will be budgeted in the fiscal year in which the City anticipates the construction will be completed and appropriated in future fiscal years as shown below. Revenue from the sale of RNG credits, estimated be $50,920 per year at $0.67 per GGE, will help offset the maintenance costs and will be received into Stores & Property Control revenue account 07617002-56001. City Council 16 — 3 12/20/2022 Amend Agreements for CNG Station December 20, 2022 Page 4 Fiscal Accounting Fund Accounting Unit, Amount Year Unit Description Account Description 2023-24 07617102- Property Stores & Stores &Property $54,600 63300 Control Control, Gas &Diesel 2024-25 07617102- Property Stores & Stores &Property $55,637 63300 Control Control, Gas & Diesel 2025-26 07617102- Property Stores & Stores & Property $56,694 63300 Control Control, Gas & Diesel 2026-27 07617102- Stores & Property Stores &Property $57 772 63300 Control Control, Gas & Diesel 2027-28 07617102- Property Stores & Stores &Property $58,869 63300 Control Control, Gas & Diesel Renewal Option: 2028-29 07617102- Stores & Property Stores &Property $59 988 63300 Control Control, Gas & Diesel 2029-30 07617102- Property Stores & Stores &Property $61,128 63300 Control Control, Gas & Diesel 2030-31 07617102- Stores & Property Stores &Property $62 289 63300 Control Control, Gas & Diesel 2031-32 07617102- Property Stores & Stores & Property $63,473 63300 Control Control, Gas & Diesel 2032-33 07617102- Property Stores & Stores &Property $64,679 63300 Control Control, Gas &Diesel TOTAL $595,129 EXHIBIT(S) 1. Design -Build Agreement 2. RNG Dispensing Agreement 3. Maintenance Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency City Council 16 — 4 12/20/2022 Amend Agreements for CNG Station December 20, 2022 Page 5 Approved By: Kristine Ridge, City Manager City Council 16 — 5 12/20/2022 THIS AMENDED AND RESTATED DESIGN -BUILD AGREEMENT FOR CNG STATION WITH OPAL FUELS STATION SERVICES THIS AMENDED AND RESTATED DESIGN -BUILD AGREEMENT ("Agreement") is entered into this 20th day of December 2022 (the "Effective Date'), by and between OPAL Fuels Station Services LLC (Formerly TruStar Energy, LLC) ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge to design, build and maintain a new CNG station to be located at 215 South Center St, Santa Ana, CA 92703 ("Project"). B. For this purpose, the City issued Request for Proposal No. 20-095, by which the City invited proposals for the Project. Following evaluation by the City of all the proposals that were submitted, Contractor was selected to complete the Project. C. On August 17, 2021, the City entered into Agreement #A-2021-147 ("Original Agreement") with TruStar Energy, LLC to provide Design, Engineering, Equipment, Construction and Commissioning for a turnkey CNG Station. D. In 2022, TruStar Energy, LLC changed its name to OPAL Fuels Station Services LLC. E. Pursuant to the Original Agreement, the Project was to be designed and constructed in a two- phase approach given that the City had only secured funding for design (Phase 1), but had not secured funding for construction (Phase 2), which includes the equipment procurement, installation of said equipment and construction of the project. F. The City has secured full funding for the both phases of the Project, which will allow greater flexibility in design by including a public serving station (industry standard), better meet the needs of the City's fleet, and reduce long-term fuel costs to the City. G. In accordance with the terms and conditions of the Agreement, the parties desire to amend the compensation and scope of work of the Original Agreement, and amend and restate the Original Agreement as provided herein. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: NOW THEREFORE, in consideration of the mutual and respective promises, and subject to theterms and conditions hereinafter set forth, the parties agree as follows: City Council 1 16 — 6 12/20/2022 1. SCOPE OF SERVICES Contractor shall perform design and construction services as set forth in Section 3, Design -Build Documents, which incorporates the scope of work attached hereto as Exhibit A and incorporated herein by reference. Contractor shall exercise reasonable skill and judgment in the procurement and provision of the Work, as defined herein, consistent with the applicable industry practices and the terms and conditions of the Design Build Documents. 2. COMPENSATION 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 under this Agreement shall not exceed $4,972,150.98 during the term of this Agreement, including any extension periods exercised under Section 3 (the "Contract Price"). After the City issues the Notice to Proceed for the Work, the City shall render a down payment of $994,430.20 ("Down Payment") from the Contract Price so that Contractor may order equipment and commence the Work specified in the Design -Build Documents. All invoices for work performed under this Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: (i) Contractor's invoice number, (ii) beginning and ending dates for services, (iii) City project number and/or name (if applicable), (iv) work site address/location (if applicable), and (v) tasksor deliverables completed and % of total services completed. Within fifteen (15) business days of receipt, City shall notify Contractor in writing if City has any objection to any invoice. City shall be deemed to have approved all invoices for which it has not made a timely written objection. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 3. DESIGN -BUILD DOCUMENTS The complete Agreement consists of the "Design -Build Documents" as defined by the Standard Specifications for Public Works Construction (the "Greenbook"), Exhibit A, all design documents hereafter prepared by Contractor and approved by City in accordance with this Agreement, other documents listed in this Agreement, Request for Proposals ("RFP") No. 20-095, Contractor's Proposal No. Q-00390 to City's RFP dated July 7, 2022, and any modifications, including without limitation Change Orders, issued after execution of this Agreement. All such documents are incorporated herein by reference and made a part of this Agreement. This Agreement is intended to be an integral whole and shall be interpreted as internally consistent and in accordance with section 2-5.2 of the "Greenbook". Work required by any page, part, or portion of the Agreement shall be deemed to be required work as if called for in the whole Agreement, and no claim for extra work shall be based upon the fact that the description of the work in question is incomplete. "Work" shall mean the design, construction, and related services required to fulfill Contractor's obligations under the Design -Build Documents, whether completed or partially completed, and includes all labor, materials, City Council 2 16 — 7 12/20/2022 equipment, and services to be provided by Contractor. This Agreement may not be modified except by written instrument signed by the City andby an authorized representative of Contractor. The parties agree that any terms or conditions of any 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. Nothing contained in this Agreement shall create, nor be interpreted to create, privity or anyother relationship whatsoever between City and any person except Contractor. 4. CHANGES IN THE WORK a. City's Right to Order Changes. Changes in the Work under this Agreement, consisting of additions, deletions, revisions, or any combination thereof, may be ordered unilaterally by City without invalidating the Agreement. Such changes shall be communicated by Change Order or supplemental agreement, as applicable. Contractor shall proceed diligently with any changes, and same shall be accomplished in strict accordance with thefollowing terms and conditions as set forth herein. "Change Order" means a written instrument signed by City requesting a change in the Work. b. Changes and Extensions of Time. All Change Orders, changes requested by Contractor, or extensions of time occurring during construction of the Project related to actual construction work shall be accomplished within the term and schedule set forth in section 5 unless not reasonably practicable. All changes to the scope of design services or extensions of the agreed -upon design schedule during the design process shall be made by mutual agreement of City and Contractor, and claims for an increase in design compensation due to a change in the scope of design construction work or for an extension of time to the design schedule shall be made in writing within seven (7) calendar days after occurrence of the event that gives rise to the claim. All requests for additional compensation due to a change in the scope of design services, and all requests for an extension of time to the design schedule, shall include sufficient backup documentation for City to reasonably understand the request and the amount of time or compensation requested and to determine the merits of the request. c. Adjustments to Price or Time. Upon the occurrence of a Change Order for construction work that increases the cost of the construction work, the price will thereafter include such cost of the construction work and services attributable to such change to the extent allowed by Paragraph (b) above. The failure of Contractor to provide notice in writing toCity in accordance with Paragraph (b) of any request for an increase in price or for an extension of time shall constitute a waiver by Contractor of any entitlement thereto. d. Continuing Duty to Perform Construction Work and Make Payment. In the event the parties are unable to agree on the terms of a change order or supplemental City Council 3 16 — 8 12/20/2022 agreement, then Contractor shall continue to diligently perform the design services and the construction work, including any change directed by City by change order or supplemental agreement, and shall keep thorough records of the cost of performance ofsuch change order or supplemental agreement. e. Fiduciary Relationship. Contractor recognizes and accepts a fiduciary relationship of trust and confidence hereby established between Contractor and City and agrees that it shall at all times in good faith use its best efforts to advance City's interests and agrees to perform the design services and the construction work in professional manner. 5. TERM AND SCHEDULE OF WORK This Agreement shall commence on the Effective Date and shall terminate upon the City's acceptance of the Project via a "Notice of Completion" unless terminated earlier in accordance with Section 16 of the Agreement. The City shall issue a Notice to Proceed to Contractor once the following requirements are met: (1) Full execution of this Agreement; (2) the City has rendered the Down Payment to Contractor; and (3) Contractor has provided satisfactory proof to the City of insurance and bonds as required by this Agreement. The Notice to Proceed issued by the City shall specify the date the Contractor is to commence the work specified in Exhibit A ("Date of Commencement"). The Contractor shall achieve substantial completion of the Work, as determined by the City, not later than 365 days from the Date of Commencement. Time is of the essence with respect to all time limits for performance of the Work set forth in the Design -Build Documents. The term of this Agreement may be extended upon a writing executed by the City Manager and City Attorney. Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this Agreement shall be delivered to, and become the property of City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement shall be made available upon request of the City without restriction or limitation on their use. Contractor shall furnish the City all necessary copies of data needed to complete the review and approval process. 6. GENERAL REQUIREMENTS OF THE WORK Contractor shall perform the Work in compliance with applicable laws, statutes, ordinances, codes, rules, and regulations. If Contractor performs Work contrary to applicable laws, statutes, ordinances, codes, rules, or regulations, Contractor shall assume responsibility for such Work and shall bear the costs attributable to correction. Contractor shall be responsible to City for acts and omissions of Contractor's employees, consultants, subcontractors, or others employed or retained by Contractor in connection with the Project or Work. Contractor shall provide City access to the Work in preparation and progress wherever located. City Council 4 16 — 9 12/20/2022 7. PROTECTION OF PERSONS AND PROPERTY Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall be responsible for the safety of, and reasonable protection to prevent damage, injury, or loss to (i) employees performing the Work and other persons who may be affected thereby, (ii) the Work and materials and equipment to be incorporated therein, and (iii) other property at the Work site or adjacent thereto, including without limitation hardscaping, landscaping, structures and utilities not designated for removal, relocation, or replacement in the course of construction. 8. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Work is 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. 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 withthe Prevailing Wage Laws 9. 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, orto 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. 10. INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. City Council 5 16 — 10 12/20/2022 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 7 (scheduled), or if Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Contractor's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be City Council 6 16 —11 12/20/2022 satisfied by either the named insured or Entity. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (S) years after completion of contract work. Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 11. BOND 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. Contractor shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said City Council 7 16 — 12 12/20/2022 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. 12. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise, to the proportionate extent, from the negligent acts or omissions of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relate to the Work and services described in section 1 of thisAgreement. 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, provided, however, that in no event shall Contractor be obligated to indemnify City for any claims to the proportionate extent caused by the active negligence or willful misconduct of City, its officers, agents, employees, consultants, special counsel, and representatives. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 13. CONFIDENTIALITY If one party ("Recipient") receives from the other party ("Discloser") information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Recipient 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, provided however that Recipient may disclose such information to those of its (and, where applicable, its affiliates') directors, officers, employees, accountants, attorneys, financial advisors, and financing parties (collectively, "Representatives") who have a need to know such information or as required by federal and state public disclosure laws. "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 City or Contractor disclosed in a publicly available source; (c) is in rightful possession of the City or Contractor without an obligation of City Council 8 16 — 13 12/20/2022 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. City acknowledges and agrees that some or all of the Confidential Information may be material and/or price sensitive information relating to the securities of Contractor's parent company OPAL Fuels Inc. Accordingly, provisions of applicable securities laws may restrict or prohibit transacting in securities of OPAL Fuels Inc. while City and its Representatives are in possession of the Confidential Information. City agrees that it will (and will inform its Representatives of its obligations to) comply at all times with applicable securities laws and stock exchange regulations, particularly those relating to insider trading and market abuse. 14. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, director indirect, which would conflict in any manner with performance of services specified under this Agreement. 15. 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 ormailed by first class or certified mail, postage prepaid, or sent by fax 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: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 City Council 9 16 — 14 12/20/2022 and City Attorney for the City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Contractor: OPAL Fuels Station Services LLC Attn: Scott Edelbach Executive Vice Presidentl0225 Philadelphia Ct, Rancho Cucamonga Rancho Cucamonga, CA 91730 With a copy to: OPAL Fuels Station Services LLC Attn: General Counsel One North Lexington Avenue, Suite 1450 White Plains, New York 10601 Email: noticeofficer@opalfuels.com 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 thetransmitting fax machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 16. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to thisAgreement performed by City personnel or by other consultants retained by City. Notwithstanding the foregoing, Contractor may collaterally assign this Agreement to any entity providing debt or equity financing in conjunction with such financing. City Council 10 16 — 15 12/20/2022 17. TERMINATION Either party may terminate this Agreement for convenience and without cause upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver tothe City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. DEFAULT 18.1 Notice of Default. In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Design -Build Documents, or is in breach of any provision of the Design -Build Documents, City may give written notice of default to Contractor in the manner specified in this Agreement, with a copy to Contractor's performance bond surety. 18.2 Opportunity to Cure Default. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Design -Build Documents within ten (10) business days after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within ten (10) Days (or such longer time as City and Contractor may reasonably agree) and will diligently and continuously prosecute such cure to completion within a reasonable time by the parties. 18.3 Remedies Upon Default. If Contractor fails to cure any default of this Agreement within the time period set forth in this Section, then City may pursue any remedies available under law or equity, including, without limitation, the following: 18.3.1 City may, without terminating the Agreement, engage others to perform the Work or portion thereof that has not been adequately performed by Contractor and withhold the cost thereof to City from future payments to Contractor related to such portion of Work, reserving to itself all rights to losses related thereto. 18.3.2 Terminate the Design -Build Contract for Default. City shall have the right to terminate this Agreement, in whole or in part, upon the failure of Contractor to promptly cure any default as required by this Section. City's election to terminate the Agreement for City Council , , 16 — 16 12/20/2022 default shall be communicated by giving Contractor a written notice of termination in the manner specified in this Agreement. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein. Upon completion of the Work by the City, Contractor shall be entitled to payment for the Work performed and unpaid as of the date of termination. 18.3.3 Invoke the Performance Bond. City may, with or without terminating the Agreement and reserving to itself all rights to losses related thereto, exercise its rights under the Performance Bond. 18.4 Additional Provisions. All rights and remedies under this Agreement are cumulative, and shall be in addition to those rights and remedies available in law or in equity, except as expressly set forth herein. 18.5 WAIVER OF CONSEQUENTIAL DAMAGES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, REVENUE, AND BUSINESS), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, EQUITY, PRODUCT LIABILITY, FUNDAMENTAL BREACH, OR OTHERWISE ARISING FROM OR RELATED TO THIS AGREEMENT REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THIS SECTION SHALL NOT LIMIT CONTRACTOR'S OBLIGATION TO INDEMNIFY CITY AS PROVIDED IN SECTION 12. 18.6 LIMITATION OF LIABILITY. CITY HEREBY EXPRESSLY AGREES THAT IN NO EVENT SHALL CONTRACTOR'S CUMULATIVE LIABILITY TO CITY ARISING FROM THE WORK (WHETHER SUCH LIABILITY ARISES OUT OF BREACH OF CONTRACT, GUARANTEE OR WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, INDEMNITY, OR ANY OTHER LEGAL THEORY) EXCEED AN AMOUNT EQUAL TO THE CONTRACT PRICE. THIS LIMITATION OF LIABILITY IS INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY IS OF THE ESSENCE OF THIS AGREEMENT, AND CITY HAS BEEN INFORMED, UNDERSTANDS, AND AGREES THAT THIS LIMITATION OF LIABILITY IS A MATERIAL CONDITION TO CONTRACTOR'S PRICING FOR, AND AGREEMENT TO ASSUME, ITS OBLIGATIONS UNDER THIS AGREEMENT 19. NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibitedby applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employerand shall comply with all applicable federal, state and local laws and regulations. City Council 12 16 — 17 12/20/2022 20. 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 Agreementshall 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 maybe brought or arise out of, in connection with or by reason of this Agreement. 21. 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. 22. 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 bythe signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forthin the body of this Agreement. If any provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term of this Agreement shall be valid and be enforced to the fullest extent permitted by law. d. No action or failure to act by City or Contractor shall constitute a waiver of a right or duty afforded them under this Agreement, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. [Signatures on the following page] City Council 13 16 — 18 12/20/2022 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: JOSE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA P.E. Executive Director of Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR By: SCOTT EDELBACH Title: Executive Vice President City Council 14 16 — 19 12/20/2022 EXHIBIT A City Council 16 — 20 12/20/2022 OPAL FUELS 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 CNG Time Fill/Fast Fill Fueling Station Proposal Created Exclusively for City of Santa Ana 07/07/2022 Opal Fuels- 10225PiftdelpTia9PDNl ncho Cucamonga, 91730 1 909-793-3700 1 (fax) 909-793�8656 1 www� .opalfuels.com 2/�0�2022 OPAL FUELS uenerai station 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 ut for City of Santa Ana -0 n..L, «, o 0 MAW Opal Fuels- 10225giftdelpTi9'UD Rl ncho Cucamonga, 91730 1 909-793-3700 1 (fax) 909-793�8656 1 wwww palfuels.com 2/�0�2022 OPAL FUELS 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 Opal Fuels is pleased to offer the following proposal for a time fill/fast fill station at the following location: City of Santa Ana 215 South Center Street Santa Ana, CA 92703 This 100% turnkey proposal addresses the following requirements: - Design, Planning, Permitting, Equipment, Construction, Start Up and Training This proposal includes (2) 200 HP Compressors, 60,290 scf (476 GGE) High Pressure Storage, Defuel Hose, 40 time -fill hoses (10 wall mounted, 30 Caisson Mounted) and 1 Dual Hose Fast - Fill Island with Card Reader. Use the table below to determine the production capability of this proposal COMPRESSOR PERFORMANCE CAPACITY [1 DGE = 135 cubic feet / 1 GGE = 123.57 cubic feet] Per Min. Per Min. Per Hr. Per Hr. Per 6 Hr. Per 6 Hr. Per 12 Hr. Per 12 Hr. Compressor Production Production Production Production Production Production Production Production GGE DGE GGE DGE GGE DGE GGE DGE 1 3.59 3.29 215.40 197.40 1292.40 1184.40 2584.80 2368.80 2 7.18 6.58 430.80 394.80 2584.80 2368.80 5169.60 4737.60 The Time -Fill Station as quoted has the following dispensing capabilities. Equipment: • Time fill 40 vehicles with 35 GGE in: 3.25 hours with 2 compressors • Time fill 40 vehicles with 35 GGE in: 6.50 hours with 1 compressors The Fast -Fill Station as quoted has the following dispensing capabilities. Equipment: • Qty of Dispenser Cabinets: 1 • Qty of Standard Flow Hoses: 1 • Qty of Commercial High -Flow Hoses: 1 The compression scenario is based off an inlet pressure of 30 PSIG with adequate flow. Lower pressures will affect the production by lowering the per minute/hour production. Opal Fuels- 10225 iftdelp app%l ncho Cucamonga, 91730 909-793-3700 (fax) 909-79318656 23.opalfuels.com 2/20/2022 OPAL FUELS Performance Characteristics of Quoted Dispensers with Storage 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 Hose Type Flow Rating Hose GPM GPM per 15 GPM per GPM per 4 QTY Min Hour Hours Max. 14 GPM Avg. Fill 5 GPM Standard Flow Hoses 1 5 75 300 1200 per hose Commercial High Flow Max. 25 GPM Avg. Fill 9 GPM 1 9 135 540 2160 Hoses per hose Total 2 14 210 840 3360 Opal Fuels looks forward to earning your valued business. Steve Breeze Opal Fuels Sales Representative Opal Fuels- 10225giftdelpTi9IYD Rl ncho Cucamonga, 91730 1 909-793-3700 1 (fax) 909-793�8656 1 wwww palfuels.com 2/�0�2022 OPAL FUELS TIME FILL/FAST FILL STATION EQUIPMENT OVERVIEW 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 DESIGN AND ENGINEERING (to be performed by Opal Fuels) Opal Fuels will initially meet to understand the requirements of your proposed station. At Opal Fuels's discretion Opal Fuels will provide exhibit drawings. The design will be based off the conceptual layout for the location. Upon signed agreement and 20% down payment, a final design will include PE -stamped CAD drawings for each phase of the project, including but not limited to: electrical, mechanical and civil for permitting purposes. Opal Fuels will acquire all permits necessary for complete build in all phases of construction. Design and construction will consider industry standards and all executable local, State, and/or Federal building codes as interpreted by the Fire Marshall and/or building inspector with regional jurisdiction. PROJECT MANAGEMENT A dedicated project manager is assigned to each project for the duration of the project. The assigned project manager is involved with the project from the design phase throughout the construction and startup. The project manager will be 100% responsible for all of the daily activity at the job site and will report construction progress to the customer's designated contact on a weekly basis. This project manager is responsible to ensure that all Opal Fuels employees and subcontractors follow Opal Fuels and Customer safety and site policies. The project management fee includes site equipment mobilization, Opal Fuels employee travel & lodging and project management. START UP LABOR Includes certified equipment technician on site for four days, on site operations and maintenance training and one site follow-up visit by technician in first six months after start up. UTILITY EXTENSIONS REQUIRED BY CUSTOMER • A single High Speed Broadband Internet (RJ45) connection for CP-400 Communication (3MB minimum - 7MB optimal) package is required at the compressor staging area. • A second phone line is required for customers using a gas broker for a telemetric meter. • A third High Speed Broadband Internet (RJ45) connection (3MB minimum - 7MB optimal) is required for customers using a credit card reader for public fuel dispensing or private fleet information collection. Electrical Service A 800 amp electrical service is required at the compressor staging area from your Electric Utility provider - 277/480, 3 phase 4-wire service. Natural Gas Service • 30 psi pressure capable of delivering 53280 cubic feet of natural gas per hour, with the gas meter located at the compressor staging area. Note: (lower pressures can be acceptable for the production of CNG at the designated site location. Lower pressures will drop the hourly production rate of CNG). The customer is responsible to provide all electrical, phone and gas service as required within 25 feet of the compressor compound and responsible for all associated costs. Opal Fuels will work with your local utilities to validate existing service and determine what necessary upgrades are required to satisfy utilities requirements. Opal Fuels- 10225PiftdelpTiaa ourtNI ncho Cucamonga, 91730 1 909-793-3700 I (fax) 909-793�8656 I www`�.opalfuels.com �/2�/2�22 OPAL FUELS 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 Assumptions: Opal Fuels takes no responsibility for the unforeseen. Opal Fuels assumes that the soil is not contaminated and is suitable for backfill. Opal Fuels - 10225 PiRYelp 9 oQPI ncho Cucamonga, 91730 1 909-793-3700 1 (fax) 909-793�8056 1 v www palfuels.com L/LO/LOLL OPAL FUELS EQUIPMENT OVERVIEW 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 Please find a full station order summary [including quantities] at the end of this proposal. 2 Ariel - ANGI 300 JGQ 200 hp - 25psi - 444 scfm Compressor: Lubricated, Reciprocating, Balanced, Opposed Number of Stages: 4 Manufacturer: ANGI COMPRESSOR ENCLOSURE The ANGI 300 compressor comes standard with a power -coated sheet metal enclosure with access doors and removable panels. The maximum emitted noise from the skid is 78 dBa @ 10' (typical for enclosed skids). Unless specified by the customer, the enclosure comes painted in white with a gray skid. Included options include one enclosure light and an IR gas detector. CONSTRUCTION Piping 2" diameter and smaller is of socket weld construction. Piping construction methods shall conform to ANSI B31.3 3. Flanged piping joints shall use spiral -wound, metallic gaskets. Tubing shall be of seamless ASTM-316 type of adequate pressure rating. Tube fittings 1/2" or smaller shall be Hoke brand or Swagelok brand. Tube fittings 1/2" or larger shall be Parker "Seal-lok" fittings with face seal 0-rings. All carbon steel surfaces shall be adequately prepped and painted using industrial epoxy paint. All components shall be suitably braced. INLET SYSTEM Inlet connection: Varies based on site conditions. 2. Inlet Valve: Solenoid valve. 3. Inlet Filter: Particulate filter with serviceable, removable filter made of stainless steel mesh construction. 4. Inlet Flex Hose to be provided, manual isolation valve to be provided, with construction start up strainer to be provided. CAPTIVE RECOVERY SYSTEM Complete skid -mounted captive recovery system for filter blow -down and unloaded starts and stops. The system includes a 100-gallon, vertical ASME tank rated for 600 psig. The recirculation system includes a high -flow recirculation regulator, system relief valve and receiver tank drain. SKID CONSTRUCTION The NG300 Single Unit Skid measures 12' L x 7'-6" W x 8'-5" H, and weighs 15,000 Ibs and built to Ariel Compressor Packaging Standards. The open skid is made of welded, structural beams. The main beams are full -depth steel channel or tubes. Rigid mounting surfaces are provided for the compressor and driver. The skid is designed with an overhead support frame and hold-down bolt holes are provided at four (4) external and two (2) internal locations. FILTRATION Serviceable filtration is provided on the inlet of the compressor, on all inter -stage circuits and prior to discharge. The inlet particulate filter comes with a serviceable element made of stainless steel mesh construction. Coarse coalescing filters with stainless steel oil knock -out elements are provided on all inter -stage circuits. Pre -coalescing and fine - coalescing final filters are provided on the discharge circuit for oil elimination. Control Specifications Control System ANGI CCS Compressor Control System PLC Make / Model JPanel, Control, Compressor, Horner Electric RX371 1/0 Opal Fuels- 10225PiftdelpTiia900l ncho Cucamonga, 91730 1 909-793-3700 1 (fax) 909-793�8656 1 wwww �/2�/2022 palfuels.com OPAL FUELS 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 1/0 Arrangement (Max 1/0 Indicated) 32 DI / 16 DO / 20 Al / 4 AO Mounting Location of Controller On -skid, UL NNNY, mounted in NEMA 3R Enclosure Electrical Classification of Control Panel Class I Div II Per NFPA 86 Operator Interface Panel mounted graphical display, pilot lamps and key switches Available Network Connections jCsCAN, Ethernet, Modbus*, DeviceNet INSTRUMENTATION STANDARD INSTRUMENTATION: Analog: Inlet Pressure Transducer, Interstage Pressure Transducer, Discharge Pressure Transducer, Interstage Discharge Pressure RTD, Compressor Oil Pressure Transducer. OPTIONAL ANALOG INSTRUMENTATION INCLUDED: Enclosure Gas Level (%LEL). DIGITAL INSTRUMENTATION: ESD Active Dry Contact, Hi Gas Level ELECTRIC MOTOR Manufacturer: WEG Baldor or Equal / Operating Speed — 1785 rpm /NEMA, TEFC, Class 1 DIV 2 / 3-phase — 460/60 Hz Opal Fuels- 10225iftdelp aoConCRl ncho Cucamonga, 91730 909-793-3700 (fax) 909-793�8656 2U.opalfuels.com 2/2�/2022 OPAL FUELS COMPRESSOR AREA EQUIPMENT 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 Manual Transfer Switch - 800 amp (400 total hp max) - Qty 1 - Included BACKUP GENERATOR PROVISIONS - 800 Amp / 400 hp Total hp Capacity: Compressor control system includes a backup generator hook up provision capable of running either compressor A or compressor B in the event of power loss. Design includes a manual transfer switch to change power from primary power source to back up power. The system requires a backup power generator (not included) sized to produce: [350 KVA per 200 hp compressor] or [700 KVA per two 200 hp compressors] or [700 KVA per one 400 hp compressor.] (3) 37' Tubes - 60,290 scf - 476 GGE - Qty 1 - Included Each tube is 37'L 20" OD x 1.303" MW. Nominal water volume for three tubes is 168.9 cu.ft. Nominal CNG capacity for three tubes is 60,290 scf @ 5,500 psi. Total fuel capacity for three tubes is 476 GGE. Tubes comply with NFPA 52.4.4.5 (ASME Compliance). Includes 1" ball valves, NPT fittings, I-beam construction and vent stack. Compressor Pad(s) - Qty 2 - Included Excavation, conduit, backfill and compaction, concrete pad, bollard protection Pad for Storage Tanks - Qty 1 - Included Concrete Pad for Storage Tanks Housekeeping Pad - concrete - Qty 1 - Included The finished area around the compressor pads will be finished with 4 inches of concrete. Opal Fuels job site container (Required) - Qty 1 - Included Delivery and retrieval of Opal Fuels job site container Trenching & backfill from utility to CNG equipment compound through concrete - Included Trenching & backfill from utility to CNG equipment compound through concrete Electrical Base (for compressor(s)) - Qty 2 - Included Electrical Base for ANGI 300/600 Compressor(s) Electrical conduits & Wire from Existing Switchboard to CNG equipment compound - 650' - Included Electrical conduits from utility to CNG equipment compound $ per linear ft / no wire 20' Dual -Head LED Parking Lot Light for Compound Area - Qty 1 - Included A dual 400-watt LED lamp mounted on a one-piece aluminum post. Each lamp enclosure measures 15" x 22". This light post includes dual LED lamp enclosures. The light post is 20' in height and mounted in a 18' concrete caisson. FF / TF Buffer Storage Panel 2 Zone - Qty 1 - Included Priority buffer panel capable of dispensing CNG for fast fill, is included for high -flow capability. 1" Buffer -Valve panel includes ESD valve mounted and racked to storage in NEMA 1 Panel. Ideal for applications where average vehicle fill is more than 30 GGE/DGE. Compatible with high -flow CNG nozzles that can flow up to 25 GGE per minute average 9 GGE per minute flow capacity or greater. Includes Qty. 1 buffer valve in 1 cabinet. One buffer panel controls the filling operation for up to 3 dispensers. The 1" time fill valve is included in the same cabinet for time fill application to provide Opal Fuels- 10225iftdelp aoConCRl ncho Cucamonga, 91730 909-793-3700 (fax) 909-793�8656 29.opalfuels.com ��20�2022 OPAL FUELS 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 temperature compensation and time of day operation for time fill applications. Typically at least 1 storage bottle is required per zone. FF Filter assembly (6 filters at priority panel) - Qty 1 - Included There will be dual Parker high-pressure filters installed between the compressor discharge and the dispensers to catch any oil bypass and contaminants before CNG is dispensed into the trucks. The filters will be located on a stand next to the priority panel for maximum effectiveness. One set of two (2) filters will be located at the discharge outlet of the high bank, mid bank, and low bank on the storage vessels. Filter stand includes a 99.5% 3/4A¢A?A? JS3B-10 pre-coalescer filter and 1A¢A?A? JS4C 99.9% final filter. Flow Meter for Time Fill Metering - Qty 4 - Included Flow Meter CNG050 - 40 to 4444 scfm capacity constructed of stainless steel, pressure rated to 5,000 psi. Temperature rated from -40°F to +247°F. Mass flow accuracy to ± .5%. Rated for hazardous area installation. Weights and Measures rated. Reads in liters, DGE, or GGE. All-weather rated. GD-036-S-M-460-150-4 - 1230 scfm @ 30 psi - Qty 1 - Included ANGI single tower manual regen dryer, 36" vessel, 150 psi design pressure, 4" class 150 flanges. Includes digital dew point monitor, isolation and bypass valves, blower, heater, cooler, water separator and collection tank to regenerate the desiccant. Requires 460/3/60 power. Mechanical Base High/Low Pressures for compressor(s) [REQUIRED] - Qty 2 - Included Base High/Low Pressure per compressor Regulator and Flex Hose for compressor(s) [REQUIRED] - Qty 2 - Included MLP - Regulator and Flex Hose per Compressor Install Main Gas Line (House Line) from Utility Meter set to compressor area Under 100 PSI (HDPE) - Included Install Main Gas Line (House Line) from Utility Meter set to compressor area Under 100 PSI (HDPE) Motor Starter Panel - Dual 200HP - Qty 1 - Included The motor starter panel is designed to perform several different custom functions within the compressor design - as well as a soft start for your electric motor. The other functions include, but are not limited to: dryer power, enclosure power, gas detection power, time -fill panel power, cooling fan power, ESD for time -fill line power, and spares for future options. Motor Starter Cooling Fan - Qty 1 - Included A cooling fan kit is added to the side of the motor starter enclosure to cool motor starter panels rated at 105F°. This option will extend the maximum operating temperature to 120°F ambient conditions. Rated for single, dual or triple motor starters. Opal Fuels Wireless Communication Panel - Qty 1 - Included Opal Fuels Wireless Communication Panel: An Opal Fuels engineered wireless full-time equipment monitoring system which includes: email and text messaging for system faults, continuous time -based logging of system operating parameters, continuous event -based logging of system events. The system provides local web server for real-time and logged data display. Provides for remote access for Opal Fuels data collection and support via secure VPN connection. Also provides Network Address Translation [NAT] for secure interface to the customer's network. Opal Fuels- 10225PiftdelpTiaa ourtNI ncho Cucamonga, 91730 1 909-793-3700 I (fax) 909-793�8656 I w`wwww opalfuels.com L/�O/LO�L OPAL FUELS 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 EMERGENCY SHUTDOWN AND FIRE EXTINGUISHERS TO MEET BUILDING CODE - Included Shutdowns are located at compressor area and dispenser area. • Includes Emergency Shutdown Switch at dispenser area • Fire Extinguisher - 5 lb./ 20 BC/model 13402/13402T, 3A:40B:C/ 25-gallon water equivalent • Safety Signs at dispenser area • Safety Signs at dispenser area and time fill areas Opal Fuels- 10225giftdelp9i91YD Rl ncho Cucamonga, 91730 1 909-793-3700 1 (fax) 909-793l8656 w` 1 opalfuels.com 1 2/20/2022 OPAL FUELS TIME- FILL/FAST-FILL AREA AND EQUIPMENT TIME-FILL/FAST FILL DISPENSER PROVISION - 1 Cabinet(s) - Included 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 Trenching & backfill from compressor to TF/FF equipment through concrete - Included Trenching & backfill from compressor to TF/FF equipment through concrete Dispenser Island with 4 Bollards - Qty 1 - Included The dispenser will be mounted at a fueling island within 150' of the compressor compound area. The concrete fueling island is approximately 4' wide x 8' long and raised 6" from the surface. The dispenser island is protected by 4" diameter 3' high concrete -filled steel bollards. Each fuel island will be designed to accept up to two Class 8 trucks at one time. In -Ground Post with Guard Rail Protection (per parking space) - Qtv 10 - Included The guardrail and steel posts supplied and installed for the guardrail mounting system are composed of galvanized steel. Posts are typically spaced 7on center and are anchored 36" - 60" below the ground surface. Guardrail height is set at 36" above the surface level. The time -fill post will be mounted in an 18" dia. x 3' deep concrete base. High-pressure piping and electrical conduit will be run above ground behind the guardrail on a separate galvanized -steel post mounting structure. Guardrail protection is typically mounted 18" away from the time -fill post. A dual -sided guardrail system will typically require 36" of total space when measuring outside - to -outside dimensions. Post Mounted on Above -Ground Caisson - with Bollard Protection (per parking space). Select for single or dual time fill posts. - Qty 30 - Included When choosing caisson protection, the area will include 3' tall - 4" concrete -filled steel protective bollards anchored in an 18" dia. base, 3' in depth spaced 4' on center. Each caisson will contain separate conduit for the high-pressure gas and electrical service. When choosing this option, all high-pressure piping and electrical conduit is run underground between the time -fill posts/caissons. Crane Rental - Qty 1 - Included Rental for equipment offload at site Electrical per Dual Time Fill Post - Qty 20 - Included Electrical per Dual Time Fill Post Comdata Credit Card Reader - Qty 1 - Included Includes wireless modem for IP connection, fuel management system and on-line training for public billing. Requires monthly phone plan with wireless provider. Provides real-time fueling transactions and takes all credit cards and allows for private card (customer) transactions. Comdata charges 2% for all Comdata cards. Features photo of each transaction at card reader, paperless receipts emailed to card holder at transaction time, higher transaction limits per fill on Comdata card transactions (up to $1000.00 based on credit). Credit Card Reader Installation Labor - Qty 1 - Included Credit Card Reader Installation Labor Weights a Meastilles 318�3nn 2/20/2022 Opal Fuels - 10225 iIIadelp 9PD ancho Cucamonga, 91730 1 909-793-3700 1 (fax) 909-7966 1 www palfuels.com OPAL FUELS Weights and Measures Certification for public resale. 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 16' x 24' - 1 Fuel Island / 2 Lane (4 Lights) - Qty 1 - Included Canopy - 16 ft w x 24 ft L x 17 ft H -x 36" white fascia - 4 lights, gutters, 2 support columns (2 vehicles). Includes above -ground drainage [standard downspout] unless underground drainage is specified. Dispenser Installation (Buffer) - Included Dispenser installation for buffer tank (single line) gas distribution. MHP - Per Dual Time Fill Post (required) - Qty 20 - Included Dual -hose time -fill posts will be supplied and installed in the time -fill mounting system. Each Quad hose post includes: Qty. (2) receiver for fill hose nozzle and Heavy duty retractor for fill hose. Includes a Shut off valve, Safety and Warning signs, Grounding rod with 3/8-16 grounding stud welded on with double clad plated nuts. Posts are installed in a concrete base 18" in diameter and 3' in depth. Holster style post hook up - eliminates freeze up of nozzle to post. Posts are constructed of 3" x 3" square steel tube with on -post atmospheric gas exhaust vent, located at the top of the post. The top of the post measures 10' high from ground mounting surface. Prepped, painted "Safety Yellow". Travel - Included Project Management Dual TF post with hoses - Qty 20 - Included Dual -Hose Post with 25 ft hose (NGV 1 Type 2) - {QTY} TF filter assembly (2 filters on stand per TF run) - Qty 1 - Included There will be Parker High pressure filters installed on the beginning of the Time -Fill Line to catch any oil bypass and contaminants before CNG is dispensed into the trucks. Filter stand includes a 99.5% 3/4" JS313-10 pre- coalescer filter and 1" JS4C 99.9% final filter. De -Fueling Post to Compressor - Qty 1 - Included This includes a 10' tall post with vent on one end. The post has a standard de -fueling hose with a BDN nozzle. The BDN nozzle hooks up to most all de -fueling ports on CNG fueling boxes. The de -fueling post must be located outside where it can safely vent CNG to the atmosphere. The operator hooks up the de -fueling hose to the de -fueling port on the vehicle fuel system. A manual valve actuates the function and safely drains the gas from the fuel tanks. The manual system will drain the fuel system tanks down to approximately 200 psi of gas pressure. The second feature allows you to move the valve to a position that will take the CNG off the storage and pull it through the inlet gas line feeding the compressor. There is a discharge line installed between the de -fueling panel and the inlet line of the compressor. This second option can be used when the compressor is operating. This system will typically drain the tanks in entirety providing the vehicles fuel system check valves allow it to be completely drained. The post typically will be mounted in a 3' deep, 18" diameter concrete base. This system requires installation at the compressor area with gas line tie ins to the inlet gas feed to the compressors. This is an approved IFC practice. Commissioning Two + Compressors - Included Start up labor and commissioning for two or more compressors for a municipal station build. Opal Fuels- 10225Piftdelp9i9P0Nl ncho Cucamonga, 91730 1 909-793-3700 1 (fax) 909-793l8656 w`�ww3opalfuels.com 1 2/20/2022 Y OPAL FUELS 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 MHP from compressor to TF run 00 - Qty 150 - Included Trenching for mechanical high pressure originating from the compressor to each individual time fill run. Electrical conduits from compressor to TF/FF equipment - Included Electrical conduits from compressor to TF/FF equipment ANGI - Buffer - Combo DUAL -HOSE High Flow / Low Flow (1 /2" and 3/8" Hoses) - Qty 1 - Included BUFFER - COMBO DUAL -HOSE 1200 scfm 3/8" mainline / 3500 scfm 1 /2" mainline CNG dispenser housed within an ANGI Series II Cabinet. This dispenser includes standard holsters, 3600 fueling pressure and OPW CT1000 / CT5000 nozzles. This dispenser is designed for cascade applications and utilizes a Micro Motion CNG 050 Flow Meter per each hose. Temperature compensation is set at 3600 PSIG at 700F. The dispenser has the capability of filling two vehicles simultaneously. Opal Fuels- 10225giftdelpTi9IY0 Rl ncho Cucamonga, 91730 1 909-793-3700 1 (fax) 909-793�8656 1 w`wwww opalfuels.com L/�O/LO�L OPAL FUELS WARRANTY OVERVIEW 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 WARRANTY TERM Opal Fuels Operations/Mechanics start up training on site at Customer location for a minimum of up to four (4) days and will initiate warranty start date with equipment manufacturer. Warranty term is 12 months from CNG station startup/commissioning date. CONSTRUCTION AND TIME -FILL POST WARRANTY Opal Fuels offers a one-year warranty on station construction, time -fill posts and hard piping due to manufacturer defects and workmanship. Warranty on these items includes labor & material. For warranty issues and clarifications related to station construction and time -fill hoses contact: Customer Service/Warranty Opal Fuels 3570 81 st St NW, Oronoco MN 55960 Phone: +1 (844) 226-0256 Email: servicedept@opalfuels.com COMPRESSOR EQUIPMENT WARRANTY ANGI compressor equipment warranty of 1 year from date of commissioning: Other equipment items may include longer warranties. Warranty on compressor, dryer, control equipment is parts only unless otherwise specified. For warranty issues and clarifications contact: Customer Service ANGI International, LLC. 305 West Delavan Drive, Janesville, WI 53546 Phone: 800-955-4626 / Fax 608-531-2635 Email: service@angiinternational.com Warranty Detail Construction -All construction related items Methane Detection System (Shop) Compressor (ANGI components) All other quoted equipment (dryers, dispensers, etc.) Compressors (Ariel Only) All components Cylinder bodies, Pistons, Piston Rods Crankshaft, Crankshaft Casting, Connecting Rods, Crossheads, Crosshead Guide Castings 12 months from start date Parts and Labor 12 months from start date Parts Only 12 months from start date Parts and Labor 12 months from start date Parts Only 12 months from start date Parts and Labor 24 months from start date Parts Only 36 months from start date Parts Only Opal Fuels- 10225giftdelpTi91U0 Rl ncho Cucamonga, 91730 1 909-793-3700 1 (fax) 909-793�8656 1 w`www`� opalfuels.com L/�O/LO�L OPAL FUELS 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 Crankshaft, Crankshaft Casting, Connecting Rods, Crossheads, Crosshead Guide Castings when maintained with 100% Ariel OEM 72 months from start date Parts Only replacement parts Compressors (Quincy - ANGI 50) All components Sauer (All Compressor Components) 12 months from start date Parts Only 24 months from start date Parts and Labor Warranty terms are as of Jan. 2020 and are subject to revision. Technical Assistance ANGI shall provide technical manuals, drawings and/or instructional materials with the equipment purchased hereunder. Unless the sale is of equipment only, ANGI shall provide the services of such number of technicians as may in its sole discretion be required to assist in start-up and in training of purchasers' employees in installation, operation and maintenance of the equipment purchased hereunder. Such technicians shall be provided on an advisory basis only. Purchaser acknowledges that the technical materials supplied are proprietary to ANGI and that the goods manufactured by ANGI are based upon patents, trade secrets, confidential and proprietary information developed by, and the exclusive property of ANGI and its affiliates. For service issues contact: Customer Service ANGI International, LLC. 305 West Delavan Drive, Janesville, WI 53546 Phone 800-955-4626 / Fax 608-531-2635 E-mail - service@angiinternational.com Opal Fuels National Service Manager Contact Service and Technical support available via phone: Opal Fuels 3570 81 st St NW, Oronoco MN 55960 Phone: +1 (844) 226-0256 Email: servicedept@opalfuels.com Opal Fuels- 10225giftdelp9i91Y0 Rl ncho Cucamonga, 91730 1 909-793-3700 1 (fax) 909-793l8656 w`�vwwopalfuels.com 1 2/20/2022 OPAL FUELS 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 PRICING AND PAYMENT TERMS Payment Schedule • 20% down payment with order • Remainder to be progress billed as work is completed and equipment Qualifications • Pricing is in US Dollars and is based on equipment supply • Assuming expedited plan -check through the city and Fire Marshall, we could expect a station delivery and commissioning within 12 months from date of order • Opal Fuels' General Conditions of Supply apply to this quotation • Warranty is Equipment Manufacturers standard 1-year parts only warranty; labor is excluded. Schedule of Values Price Item Engineering Design and Engineering $63,084.45 Permitting $10,200.00 Equipment MTS for Backup Generator $33,549.08 Buffer Storage $128,520.00 Compressors $627,432.60 Compound Lighting $9,562.50 Fast Fill $205,113.09 Electrical $4,417.88 Flow Meters $28,682.40 Inlet Gas Dryer $117,189.08 Motor Starter $54,270.38 Remote Monitoring $9,990.90 Time Fill $102,210.45 Defuel Panel & Hose $11,880.00 Construction Civil $1,581,457.36 Electrical $857,729.00 Mechanical Pressures $739,978.36 Project Management $214,200.00 Commissioning $32,397.75 Freight $17,000.00 Taxes $123,285.70 TOTAL PRICE WITH TAXES $4,972,150.98 Total Price Without Applicable Taxes $4,848,865.28 Required Down Payment $994,430.20 Opal Fuels- 10225iftdelp aoConCRl ncho Cucamonga, 91730 909-793-3700 (fax) 909-793�8656 37.opalfuels.com 2/�0�2022 OPAL FUELS 07/07/2022 - Proposal No: Q-00390 Quote Valid until: 12/31 /2022 Opal Fuels- 10225giftdelpTi9'UDt Rl rho Cucamonga, 91730 1 909-793-3700 1 (fax) 909-793l8656 v 8.opalfuels.com 1 2/20/2022 OPAL V FUELS Master RNG Dispensing Agreement December 20, 2022 Set forth below are the terms and conditions of this master agreement (the "Master Agreement") pursuant to which City of Santa Ana ("Dispenser") appoints OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC, ("Supplier") as supplier of renewable natural gas ("RNG") at the Stations (as defined below). Dispenser and Supplier are each sometimes referred to herein as a Party or, together, as Parties to this Master Agreement. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the glossary of terms attached hereto as Appendix A. 1. Dispensing Program. During the Term, Supplier will supply RNG to compressed natural gas ("CNG") stations owned by, or controlled by, or under contract with Dispenser listed in the applicable transaction confirmation (substantially in the form attached hereto as Appendix B, each a "Transaction Confirmation"), as may be amended from time -to -time as provided below (collectively, the "Stations") and Dispenser will accept such RNG for dispensing at the Stations, in accordance with the terms and conditions of this Master Agreement and the applicable Transaction Confirmation(s). In exchange for Dispenser's ascription of the Environmental Attributes to the dispensing of RNG and provision of related documentation to Supplier as set forth in this Master Agreement and the applicable Transaction Confirmations, Supplier will pay Dispenser the Dispenser Share, as defined in the applicable Transaction Confirmation. 2. Term of Master Agreement Start Date: January 1, 2023 End Date: later of (i) the expiration date of any open Transaction Confirmation issued in accordance with this Master Agreement, or (ii) September 30, 2032. Renewals: There will be automatic renewals of this Master Agreement of one year unless either party terminates by providing written notice to the other party at least 180 days prior to the end of the expiration of the Term. 3. Exclusivity. Dispenser hereby grants Supplier the exclusive rights to the to the Environmental Attributes associated with all Vehicle Fuel dispensed as Biogas by Dispenser at the Stations during the Term of this Master Agreement and the associated Transaction Confirmations. 4. Qualified Facility Requirements and Registrations. In order to be included in the Dispensing Program, the Stations must be Qualified Facilities and have completed Registrations. Dispenser and Supplier agree to cooperate to (i) to ensure that the Stations are Qualified Facilities and are compliant with all applicable legal or regulatory requirements, and (ii) obtain and maintain the required Registrations, eligible pathway approvals and certifications for the Stations. 5. General Obligations. During the Term of this Master Agreement, Supplier shall, at Supplier's cost and expense, generate and monetize any and all regulatory or voluntary credits, including RINs and LCFS Credits, from Environmental Attributes, howsoever entitled, associated with all Vehicle Fuel dispensed as Biogas by Dispenser at the Stations. Except as relates to the Dispenser Share, Supplier will be entitled to retain the value of such Environmental Attributes, provided, however, that Dispenser shall continue to receive any federal or state alternative fuel tax credits associated with the use of CNG as Vehicle Fuel. Dispenser hereby disclaims any interest in, and represents and warrants that it has not and will not grant any interest in, any Environmental Attributes that are or may be attributed to Vehicle Fuel dispensed as Biogas by Dispenser at any Station during the Term of this Master Agreement. 6. Environmental Attributes. In accordance with the federal Renewable Fuel Standard Program ("RF City Council 16 — 39 12/20/2022 OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC - One North Lexington Avenue, White Plains, NY 10601 • www.opalfuels.com OPAL V FUELS Environmental Attributes (as defined below) to the CNG dispensed by Dispenser for use as Vehicle Fuel in accordance with the applicable Transaction Confirmation, such that (i) the CNG is RNG-derived CNG, and (ii) the associated renewable identification numbers ("RINs") and LCFS Credits, if any, are properly generated. The Transaction Confirmations under this Master Agreement do not include physical gas delivery and Dispenser will be responsible for purchasing and coordinating all utility pipeline gas required for daily operations of the Stations. Supplier will retain the value of any Environmental Attributes generated from the RNG Contract Quantity under the applicable Transaction Confirmation(s), provided, however, that Dispenser will continue to receive any federal or state fuel tax incentives or credits associated with such RNG Contract Quantity under the applicable Transaction Confirmation(s). "Environmental Attributes" mean any and all credits, allowances, benefits, attributes, aspects, characteristics, claims, reductions, offsets or allowances, or similar benefits of any type associated with the avoidance of fossil fuel consumption, greenhouse gas emissions or lifecycle greenhouse gas emissions, other pollutant emissions and other environmental benefits, howsoever entitled or named, including all such attributes required to generate credits under any federal, state, local or other law as now in effect, or as subsequently amended, enacted or adopted, attributable to biogas resources, renewable natural gas and/or natural gas, including but not limited to RINs under the RFS, any state low carbon fuel standards, carbon offsets, carbon allowances, tax incentives or credits in connection with the production or sale of RNG, and renewable energy credits or similar fuels programs or benefits. 7. Documentation. Supplier will be responsible for (i) the documentation of the contractual pathways, (ii) Registration of the Stations, and (iii) certification of the RINs and LCFS Credits with the EPA and CARB, respectively, including all costs associated with such documentation, Registrations and certifications. Dispenser will assist Supplier with such efforts, as necessary, including, but not limited to, providing: (A) the physical address of the Stations and access to the Stations; (B) gas utility meter numbers of the Stations; (C) gas utility metering tickets; (D) an electronic copy of the Stations' monthly gas utility bill within five days of receipt from the utility; (E) other documentation necessary to determine volumes of CNG dispensed at the Stations; (F) documentation necessary for compliance with Law or generation of Environmental Attributes; and (G) the necessary affidavits stating that the CNG dispensed at the Stations is dispensed for use as a Vehicle Fuel. 8. Mutual Indemnity; Limitation of Liability. Each party agrees to indemnify and hold harmless the other party from and against any penalties assessed by the EPA, CARB or other agency in connection with a breach by such party of its obligations under this Master Agreement or any associated Transaction Confirmation(s); provided that each party's obligation under this Section 11 will not apply to the extent the penalty or penalties arose (i) from disallowance of the transaction structure as contemplated by the relevant Transaction Confirmation(s) or a change in law, so long as the action or inaction of such party occurred prior to receiving notice of such disallowance or change in law or (ii) as a result of the other party's breach of this Master Agreement or associated Transaction Confirmation(s); provision of incorrect, false or incomplete data; or gross negligence or willful misconduct. 9. Default. A default in respect of this Master Agreement shall be deemed to occur when, with respect to either party: (i) A Party breaches any material representation or warranty made in this Master Agreement by that Party in any material respect, or any material representation or warranty of that Party proves ity ounce — 4 2 iiiLul ter OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC - One North Lexington Avenue, White Plains, NY 10601 • www.00alfuels.com OPAL V FUELS Agreement and same is not remedied to the other Party's reasonable satisfaction within thirty (30) days after receipt of written notice thereof; provided however, then, so long as the defaulting Party has begun all reasonable efforts to cure such Default and within ten (10) days after the Notice of Default is diligently pursuing the curing of such Default then the defaulting Party shall have an additional period of twenty (20) days from receipt of such Notice of Default (or sixty (60) days total) within which to cure the Default; (ii) A Party fails to perform any material covenant or obligation set forth in this Master Agreement or any applicable Transaction Confirmation issued hereunder, if such failure is not remedied to the other Party's reasonable satisfaction within thirty (30) days after receipt of written notice thereof, provided, however, that the failure or omission of either Party to comply with the RFS or LCFS will not constitute a Default for a period of thirty (30) days following receipt of written notice of such failure to perform, so long as such Party has taken and is taking commercially reasonable steps to cure such compliance failure or omission; or (iii) A Party (a) makes an assignment or any general arrangement for the benefit of creditors; (b) files a petition or otherwise commences, authorizes, or acquiesces in the commencement of a proceeding or case under any bankruptcy or similar law for the protection of creditors or has such petition filed or proceeding commenced against it; (c) otherwise becomes bankrupt or insolvent (however evidenced); (d) is unable to pay its debts as they fall due; (e) has a receiver, provisional liquidator, conservator, custodian, trustee or other similar official appointed with respect to it or substantially all of its assets. Each of the foregoing events described in clauses (i)-(iii) above shall be referred to herein as a "Default." 10. Remedies. Upon the occurrence of a Default with respect to a Party (such party, the "Defaulting Party"), the non -defaulting Party (the "Performing Party") shall in its sole discretion and upon five (5) Business Days' notice to the Defaulting Party, be entitled to do any one or more of the following: (i) suspend its performance under this Agreement, (ii) terminate this Agreement effective upon the date of such notice, and (iii) proceed against the Defaulting Party for damages. Notwithstanding the foregoing, (a) in the event that Supplier fails to pay the Dispenser Share, and such failure is due to disruptions in the supply of Biogas, as provided in a written notice of same from Supplier to Dispenser, either party may terminate the Transaction Confirmation associated with such Station for which Supplier failed to make such payment on 30 days' written notice to the other Party, and Dispenser's damages shall be limited to the Dispenser Share calculated as the difference between (i) the applicable pro-rata RNG Contract Quantity for a rolling six (6)-month period prior to such notice and (ii) the Vehicle Fuel dispensed at the Station for the same period with respect to each such Station. Except as otherwise expressly limited herein, the Performing Party's rights hereunder are in addition to, and not in limitation or exclusion of, any other rights that it may have (whether by agreement, operation of law, equitable principles or otherwise). 11. Change in Law. In the event a legislative, executive, judicial, administrative, or regulatory body materially changes or updates any applicable law, regulation, rule, protocol or interpretative guidance that results in an adverse impact (A) in respect of the costs or benefits of the Dispensing Agreement to either Party or (B) to either Party's ability to comply with the RFS, or any other applicable Law, then, promptly upon written request by the affected Party, the Parties shall enter into good faith negotiations to amend the Dispensing Agreement to maintain the original intent and economic position of each Party. If, after sixty (60) days of the initiation of such negotiations, the Parties cannot resolve to their mutual satisfaction a mutually agreeable solution to the Change in Law, either Party may terminate the Dispensing Agreement on seven (7) days' written notice to the other Party. 12. Force Majeure. Neither Party shall be liable to the other for failure to perform an obligation, to the extent such failure was caused by Force Majeure. Neither Party shall be entitled to the benefit of the proviso City Council 16 — 41 12/20/2022 OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC - One North Lexington Avenue, White Plains, NY 10601 • www.00alfuels.com OPAL V FUELS circumstances: (i) the curtailment of interruptible or secondary Firm transportation unless primary, in - path, Firm transportation is also curtailed; (ii) the Party claiming excuse failed to remedy the condition and to resume the performance of such covenants or obligations with reasonable dispatch; (iii) economic hardship; (iv) the loss of Dispenser's or Supplier's market(s), as applicable; or (v) the loss or failure of Gas or Environmental Attribute supplies or depletion of reserves, as applicable. Notwithstanding anything to the contrary herein, the Parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be within the sole discretion of the Party experiencing such disturbance and shall not entitle such Party to the benefits of the provisions of Force Majeure. The Party whose performance is prevented by Force Majeure must provide Notice to the other Party. Initial notice may be given orally; however, written notice with reasonably full particulars of the event or occurrence is required as soon as reasonably practicable after the occurrence of the Force Majeure event. Upon providing written notice of Force Majeure to the other Party, the affected Party will be relieved of its obligation, from the onset of the Force Majeure event, to perform its obligations to the extent impeded by, and for the duration of, such event of Force Majeure, and neither Party shall be deemed to have failed in such obligations to the other Party during such occurrence or event. 13. Notices. All notices, requests, consents, claims, demands, waivers and other communications under this Master Agreement shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or e-mail of a PDF document (with confirmation of transmission) if sent during normal business hours of the Dispenser, and on the next Business Day if sent after normal business hours of the Dispenser or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective Parties at the following addresses (or at such other address for a Party as shall be specified in a notice given in accordance with this Section: If to Dispenser: 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 at copy to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 If to Supplier: OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC One North Lexington Avenue, Suite 1450 White Plains, NY 10601 Attn: Juan Reina E-mail: noticeofficer(a)opalfuels.com City Council 16 — 42 12/20/2022 OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC - One North Lexington Avenue, White Plains, NY 10601 • www.opalfuels.com OPAL V FUELS With a copy to: OPAL Fuels LLC One North Lexington Avenue, Suite 1450 White Plains, NY 10601 Attn: General Counsel E-mail: noticeofficer@opalfuels.com 14. Headings. The headings in this Master Agreement are for reference only and shall not affect the interpretation of this Master Agreement. 15. Severability. If any term or provision of this Master Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Master Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the Parties hereto shall negotiate in good faith to modify this Master Agreement so as to affect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 16. Entire Agreement. This Master Agreement constitutes the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous representations, warranties, understandings and agreements, both written and oral, with respect to such subject matter. 17. Successors and Assigns. This Master Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns. Except as provided in this Section, neither Party may assign its rights or obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, assignment of this Master Agreement by either Party is permitted without the consent of the other party if (i) the assignee is an affiliate of the assigning Party, (ii) the assigning Party can demonstrate that the same personnel will be responsible for executing this Agreement following such assignment and (iii) the assigning entity accepts all of rights and obligations under this Agreement. Following any assignment permitted to in this Section, the assigning Party shall be released from any and all obligations or liabilities arising under, or relating to, this Master Agreement attributable to the period following the effective date of such assignment. Either Party may, however, with the other Party's written consent, collaterally assign its rights under this Agreement to a lender or other party providing financing. 18. No Third -Party Beneficiaries. This Master Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Master Agreement. 19. Amendment and Modification; Waiver. This Master Agreement may only be amended, modified or supplemented by an agreement in writing signed by each Party hereto. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Master Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. City Council 16 — 43 12/20/2022 OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC - One North Lexington Avenue, White Plains, NY 10601 • www.00alfuels.com OPAL FUELS 20. Governing Law; Submission to Jurisdiction; Waiver of Jury Trial. This Master Agreement (and all Transaction Confirmations issued hereunder) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of laws provision or rule (whether of the State of California or any other jurisdiction) that would permit or require the application of the laws of a different jurisdiction. ANY LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR BASED UPON THIS MASTER AGREEMENT OR ANY TRANSACTION CONFIRMATIONS MAY BE INSTITUTED IN CENTRAL DISTRICT OF CALIFORNIA — SOUTHERN DIVISION COURT OR THE COURTS OF THE STATE OF CALIFORNIA, IN EACH CASE LOCATED IN THE COUNTY OF ORANGE IN THE CITY OF SANTA ANA, AND EACH PARTY IRREVOCABLY SUBMITS TO THE EXCLUSIVE ORIGINAL JURISDICTION OF SUCH COURTS IN ANY SUCH SUIT, ACTION OR PROCEEDING. THE PARTIES IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY OBJECTION TO THE LAYING OF VENUE OF ANY SUIT, ACTION OR ANY PROCEEDING IN SUCH COURTS AND IRREVOCABLY WAIVE AND AGREE NOT TO PLEAD OR CLAIM IN ANY SUCH COURT THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. EACH OF THE PARTIES KNOWINGLY, VOLUNTARILY AND INTELLIGENTLY WAIVES THEIR RESPECTIVE RIGHT TO A JURY TRIAL IN ANY LITIGATION ARISING UNDER OR IN CONNECTION WITH THIS MASTER AGREEMENT OR ANY TRANSACTION CONFIRMATION. 21. Counterparts. This Master Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same Master Agreement. A signed copy of this Master Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Master Agreement. [Signatures on the following page] City Council 16 — 44 12/20/2022 OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC - One North Lexington Avenue, White Plains, NY 10601 • www.opalfuels.com OPAL rUELS Acknowledged and agreed, ATTEST: Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: JOSE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: NAB IL SABA P.E. Executive Director of Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR By: SCOTT EDELBACH Title: Executive Vice President City Council 16 — 45 12/20/2022 OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC - One North Lexington Avenue, White Plains, NY 10601 • www.opalfuels.com OPAL FUELS Appendix A Glossary of Terms Biogas: means the methane derived from the breakdown of organic matter that: (i) meets the qualifications for D3 RINs (i.e., cellulosic biofuel) under the EPA's RFS regulations; (ii) meets the definition of biogas or biomethane as defined by the RFS and applicable state -level fuel credit programs; and (iii) meets the common carrier pipeline gas quality specifications as provided by the local utility or transmission company for the applicable injection point. CARB: means the California Air Resources Board or its successor. Cl Score or Carbon Intensity Score: means the carbon intensity score under the LCFS regulations. Cellulosic Biofuel: has the meaning ascribed to "cellulosic biofuel" under § 80.1401 of the RFS. EPA: the U.S. Environmental Protection Agency or its successor agency. Force Majeure: any cause not reasonably within the control of the Party claiming suspension, including, but not limited to, the following: (i) physical events such as acts of God, landslides, lightning, earthquakes, fires, storms or storm warnings, such as hurricanes, which result in evacuation of the affected area, floods, washouts, explosions; (ii) weather related events affecting an entire geographic region, such as low temperatures which cause freezing or failure of wells or lines of pipe; (iii) interruption and/or curtailment of firm transportation and/or storage by transporters; (iv) acts of others such as strikes, lockouts or other industrial disturbances, riots, sabotage, epidemics, pandemics, insurrections or wars, or acts of terror; and (v) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, regulation, or policy having the effect of law promulgated by a governmental authority having jurisdiction, including, without limitation, relating to or as a result of the events described in the preceding clauses (i) through (iv). Gas: any mixture of hydrocarbons and noncombustible gases in a gaseous state consisting primarily of methane, including natural gas, as well as other types of gas, such as biogas produced from animal waste, agricultural waste, landfill gas or digester gas, that is cleaned to pipeline quality and injected into the pipeline system, in each case excluding any Environmental Attributes associated therewith. Gasoline Gallon Equivalent or GGE: equals 128,142 Btu. Conversely, 1 MMBtu equals 7.8 GGEs. Law: any U.S. or state statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, other requirement or rule of law of any applicable governmental authority. LCFS Credit Value: means total LCFS value calculated using a Cl score of -200 and the monthly average market price for the LCFS Credits as published by OPIS for the month that the Biogas-derived CNG was dispensed by Dispenser. LCFS or Low Carbon Fuel Standard: the California Low Carbon Fuel Standard administered by CARB set forth in the California Code of Regulations at Title 17, Section 95480 et seq., as amended, restated or supplemented to date. LCFS Credits: credits generated and traded under the LCFS, with each credit equal to one metric tonne of carbon dio ' 1 y ounce —Ill I Idel tile 12/20/2022 OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC - One North Lexington Avenue, White Plains, NY 10601 • www.00alfuels.com OPAL V FUELS OPIS: means the Oil Price Index Service. Person: an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association or other entity. Qualified Facility: a facility where Gas is withdrawn from a commercial distribution system, converted into CNG and sold or otherwise provided for use as a Vehicle Fuel, wherein such facility would meet the requirements for RIN generation and, if such facility is located in California LCFS Credit generation, if the withdrawn Gas was Biogas. Registration: registration of the Qualified Facilities, Parties, Biogas or pathways, as applicable, with the EPA, CARB, or other governmental or certifying entity, as applicable, such that the Biogas produced from the Project is RIN-eligible or LCFS Credit -eligible, as applicable. RIN Value: means total RIN value, in dollars per MMBtu, calculated by multiplying 11.727 by the monthly average market price for D3 Cellulosic Biofuel RINs according to OPTS. The monthly average will be for the month that the Biogas-derived CNG was dispensed by Dispenser. Vehicle Fuel: CNG or other transportation fuel derived from RNG or Gas that qualifies for receipt of a RIN under the EPA Renewable Fuel Standard and, to the extent dispensed as transportation fuel in California, receipt of an LCFS Credit under the LCFS. Appendix B Transaction Confirmation No. 1 September 28, 2022 This Transaction Confirmation No. 1 ("TC No. 1 ") is subject to the Master Agreement between City of Santa Ana ("Dispenser") and OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC ("Supplier") dated as of September 28, 2022 (the "Master Agreement"). The terms of this TC No. are binding upon execution by the Parties. Capitalized terms not otherwise defined in this TC No. 1 have the meanings ascribed to such terms in the Master Agreement. To the extent that there is any conflict in the terms and conditions between this Transaction Confirmation and the Master Agreement, the terms and conditions of the Master Agreement shall prevail unless the Transaction Confirmation expressly states that it is superseding the Master Agreement with respect to a specific provision. Dispenser: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 Supplier: OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC filly liVUl IVII I V - 1F / 1 L/LV/LVLL OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC - One North Lexington Avenue, White Plains, NY 10601 • www.00alfuels.com OPAL V FUELS White Plains, NY 10601 www.opalfuels.com Attn: Juan Reina Phone: 914-421-4900 Email: noticeofficer@opalfuels.com and jreina(a�opalfuels.com Dispenser Share: • $0.67 which includes RIN & LCFS credit values For purposes of calculating the Dispenser Share, the RNG Contract Quantity shall be measured each month and aggregated over the course of each calendar year of the Delivery Period (each, an "Annual Period") of this Transaction Confirmation, commencing on the Start Date. Supplier shall pay the Dispenser Share to thi Dispenser no later than one hundred and twenty (120) days from the end of the applicable calendar quarter during which the RNG was dispensed by Dispenser at the Station. 1 For avoidance of doubt, Supplier shall provide Dispenser with LCFS Credit Value that is the equivalent of what Dispenser would have received had such LCFS Credits been generated in respect of RNG having a Cl Score of -200. RNG Contract Quantity: Supplier shall supply 100% of the actual volume dispensed at the Station ("Minimum Volume Amount"). The Station is projected to dispense 9,872 MMBtu or approximately 77,000.00 GGE annually. The RNG Contract Quantity shall be measured on a pro-rata basis monthly for purposes of determining compliance with this Transaction Confirmation. In the event that Supplier fails to supply the Station with RNG at the applicable Minimum Volume Amount, Supplier hereby guarantees payment to Dispenser of the Dispenser Share with respect to the shortfall, i.e., the difference between (i) the amount of RNG supplied by Supplier for the period, and (ii) Minimum Volume Amount. Dispenser shall advise Supplier promptly of any material changes in business conditions that could result in more than a twenty percent (20%) change in the RNG Contract Quantity on an annual basis. No later than sixty (60) days prior to each annual anniversary date of this Transaction Confirmation, Dispenser and Supplier shall adjust estimates for the aggregate RNG Contract Quantity for the upcoming year which shall be equal to the actual volume dispensed for the immediately preceding year. Delivery Period: Start Date: January 1, 2023 End Date: September 30, 2032 List of Station(s): 215 South Center Street Santa Ana, CA 92704 Meter No. and Gas Utilities Serving the Stations to be provided by Dispenser prior to start date and incorporated into this TC No. 1 by Supplier: Additional Conditions: None. City Council 16 — 48 12/20/2022 OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC - One North Lexington Avenue, White Plains, NY 10601 • www.oQalfuels.com OPAL V FUELS Each of the Parties caused its authorized representative to execute this TC No.1 where indicated below as of the date first written above. City of Santa Ana OPAL FUELS STATION SERVICES LLC, f/k/a TruStar Energy LLC By: Name: Kristine Ridge Title: City Manager By: _ Name: Title: City Council 16 — 49 12/20/2022 OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC - One North Lexington Avenue, White Plains, NY 10601 • www.opalfuels.com THIS AMENDED AND RESTATED MAINTENANCE AGREEMENT FOR CNG STATION WITH OPAL FUELS STATION SERVICES THIS AMENDED AND RESTATED MAINTENANCE AGREEMENT ("Agreement") is entered into this 20th day of December 2022, by and between OPAL Fuels Station Services LLC (Formerly TruStar Energy, LLC) ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge to design, build and maintain a new CNG station to be located at 215 South Center St, Santa Ana, CA 92703 ("Project"). B. For this purpose, the City issued Request for Proposal No. 20-095, by which the City invited proposals for the Project. Following evaluation by the City of all the proposals that were submitted, Contractor was selected to complete the Project. C. On March 2, 2021, the City entered into a Contractor Agreement (Maintenance) with TruStar Energy, LLC to provide operation and maintenance services for a turnkey CNG station (the "Original Maintenance Agreement"). D. On August 17, 2021, the City entered into Agreement #A-2021-147 ("Original Design -Build Agreement") with TruStar Energy, LLC to provide Design, Engineering, Equipment, Construction and Commissioning for a turnkey CNG Station. E. In 2022, TruStar Energy, LLC changed its name to OPAL Fuels Station Services LLC. F. Pursuant to the Original Design -Build Agreement, the Project was to be designed and constructed in a two-phase approach given that the City had only secured funding for design (Phase 1), but had not secured funding for construction (Phase 2), which includes the equipment procurement, installation of said equipment and construction of the project. G. The term of the Original Maintenance Agreement was to commence upon completion of activities under the Original Design -Build Agreement. H. The City has secured full funding for the both phases of the Project, which will allow greater flexibility in design by including a public serving station (industry standard), better meet the needs of the City's fleet, and reduce long-term fuel costs to the City. I. Accordingly, City and Contractor have concluded an Amended and Restated Design -Build Agreement for CNG Station, of even date herewith (the "Amended and Restated Design -Build Agreement") f10 City Council 16 — 50 12/20 22 J. In the same way, the parties desire to amend the term, compensation and scope of work of the Original Maintenance Agreement, and amend and restate same as provided herein. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 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 under this Agreement shall not exceed $595,129 during the term of this Agreement, including any extension periods exercised under Section 3. This sum shall be comprised of $54,600 for the first twelve (12) months with an annual increase of 1.9% for the duration of the Term. b. Payment by City shall be made within forty-five days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Within fifteen (15) business days of receipt, City shall notify Contractor in writing if City has any objection to any invoice. City shall be deemed to have approved all invoices for which it has not made a timely written objection. 3. TERM This Agreement shall become effective upon the City's acceptance of the CNG station Project via a "Notice of Completion" ("Effective Date") for a five (5) year term with the option for the City to grant up to a one (1) five (5) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. 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. f10 City Council 16 — 51 12/20 22 5. 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 7 (scheduled), or if Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. f10 City Council 16 — 52 12/20 2 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Contractor's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the Entity. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: f10 City Council 16 — 53 12/20 22 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liabilityfor 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, to the proportionate extent, 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 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, provided, however, that in no event shall Contractor be obligated to indemnify city for any claims to the proportionate extent caused by the active negligence or willful misconduct of City, its officers, agents, employees, consultants, special counsel, and representatives .. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. f10 City Council 16 — 54 12/20 2 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. 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. 11. CONFIDENTIALITY If one party ("Recipient") receives from the other party ("Discloser") information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Recipient 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, provided however that Recipient may disclose such information to those of its (and, where applicable, its affiliates') directors, officers, employees, accountants, attorneys, financial advisors, and financing parties (collectively, "Representatives") who have a need to know such information or as required by federal and state public disclosure laws. "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 City or Contractor disclosed in a publicly available source; (c) is in rightful possession of the City or 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. City acknowledges and agrees that some or all of the Confidential Information may be material and/or price sensitive information relating to the securities of Contractor's parent company OPAL Fuels Inc. Accordingly, provisions of applicable securities laws may restrict or prohibit transacting in securities of OPAL Fuels Inc. while City is in possession of the Confidential Information. City agrees that it will (and will inform its Representatives of its obligations to) comply at all times with applicable securities laws and stock exchange regulations, particularly those relating to insider trading and market abuse. f10 City Council 16 — 55 12/20 22 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, 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 is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. Notwithstanding the foregoing, Contractor may collaterally assign this Agreement to any entity providing debt or equity financing in conjunction with such financing. 16. TERMINATION Either party may terminate this Agreement for convenience and without cause upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case f10 City Council 16 — 56 12/20 2 such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. 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. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. 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. 19. 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. 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. If any provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term of this Agreement shall be valid and be enforced to the f10 City Council 16 — 57 12/20 2 fullest extent permitted by law. d. No action or failure to act by City or Contractor shall constitute a waiver of a right or duty afforded them under this Agreement, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing 21. 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: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Contractor: Opal Fuels Station Services LLC Attn: Douglas Howell Vice President of Service & Maintenance 3570 81st Street NW Oronoco, MN 55960Email: dhowell@opalfuels.com f10 City Council 16 — 58 12/20 2 With a copy to: OPAL Fuels Station Services LLC Attn: General Counsel One North Lexington Avenue, Suite 1450 White Plains, New York 10601 Email: noticeofficer@opalfuels.com 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. 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 Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager President of Service & Maintenance Page 10 of 10 &nbsp; City Council &nbsp;16 &ndash;&nbsp;59 12/20/2022 &nbsp; EXHIBIT A City Council 16 — 60 12/20/2022 OPALDouglas Howell, Vice President of Service & Maintenance V FUELS 3570 815'Street NW Oronoco, MN 55960 • 507-208-9278 dhowell@opalfuels.com SERVICE AGREEMENT — ALL INCLUSIVE 100% WARRANTY Date: 7/20/2022 City of Santa Ana 215 South Center St Santa Ana, CA 92703 Location and estimated annual station production: - 215 South Center St, Santa Ana, CA — 77,000 GGE The locations referred to in above are referred to herein collectively as the "CNG Stations" and each individually as a "CNG Station." SERVICE TYPE INCLUDED IN ALL INCLUSIVE AGREEMENT: Each visit will include but will not be limited to the elements outlined under the "Preventative Maintenance General Terms". • All consumables • All service parts • All compressor major and minor rebuilds — including electric motors • All equipment warranty and parts fulfillment — 100% full coverage during the term of the agreement • All scheduled required labor • All unscheduled, emergency, labor • Weekly and Bi-Weekly service visits with a minimum of 5 hours on site at each visit • 365/24/7 station remote monitoring • On site response time on full station outage — 6 hours or less • On site response time for partial station outage — 24 hours or less • Dedicated service van and technician • On site storage of daily and weekly required consumables OPAL Fuels will offer the additional ongoing services related to the installed Public Fueling Dispenser. • OPAL Fuels will service the public Comdata Fuel Management System • Estimated monthly volume — 1,000 Gallons • The City of Santa Ana will pay the monthly service charge is to keep the Comdata system active to support 3rd party credit cards. The monthly fee to support the Comdata system is included in the total charges identified in the maintenance agreement. • OPAL Fuels will work with the City of Santa Ana Accounting to set up accounts with common credit card companies such as Visa, Mastercard, AMEX and Heartland for Clearing card transactions. In addition to the annual Comdata activation fee, there is a settlement fee of 3-6% on the amount of fuel dispensed charged by the credit card companies for each card transaction. 10225 Philadelphia Court One North Lexington Ave 35577{0�g8c11st Street NW Ranch 1 ymp{iga UA na White Plains, 1 - 61 12d U/LU 55960 SERVICE AGREEMENT — ALL INCLUSIVE 100% WARRANTY The City of Santa Ana will get a check direct from the bank (Clearing House for Credit Cards) with the amount charged to the customer minus the 3-6% fee. Opal Fuels will install a Wireless Communication Panel on site to provide real time/minute by minute status of each CNG Station. This Communication Panel will log station operation and activity to help predict maintenance failures before they happen. This information will be available on a cloud -based server for both Opal Fuels and the customer. This allows Opal Fuels to provide 365/24/7 station monitoring. OPAL FUELS SUPPORT: • For emergency 24-hour service: (844) 236-7562 • For parts & oil: Cathy Cartland, ccartlandkopalfuels.com, D:(678) 283-0213 0:(844) 226-0256 • For billing questions: Valerie Sweig, vswei opalfuels.com, D:(507) 218-4502 0:(844) 226- 0256 PREVENTATIVE MAINTENANCE — GENERAL TERMS: • A Opal Fuels technician will be on site weekly/bi-weekly to provide maintenance services. • A Opal Fuels technician will visit with the site manager at the beginning of the site visit to get a list of any known deficiencies that require attention and need correction. • Opal Fuels personnel shall prepare and provide the client with a (PM) Service Report at the conclusion of each (PM) or repair event. This report shall detail (PM) activities, actions taken, and list potential future hard parts replacement events. • Opal Fuels shall perform such (PM) services during normal business days and hours of operation. • Opal Fuels personnel will not remove hazardous waste materials (used oil) from customer's jobsite. Customer shall provide Opal Fuels with approved containers for the disposal of subject hazardous waste materials. • Opal Fuels will provide 100% parts, service, and warranty on each CNG Station during the Term. If there is damage created to the station that is not part of ongoing wear and tear of CNG operations, Opal Fuels will invoice for any damaged parts and labor caused by customer negligence such as trucks driving away with connected hoses and equipment hit and damaged by trucks. Prior to invoicing, Opal Fuels will discuss damage with the customer site manager and get sign off for the repairs. Customer will reserve the rights to replace or repair customer damaged items at their own expense. • Opal Fuels will not be responsible for damages due to acts of nature, such as fire, flood, unusually severe weather, etc., resulting in additional costs due to interruption of electrical power or other utilities, equipment failure or damage reasonably beyond its control. Customer and Opal Fuels shall notify each other as soon as reasonably possible following the occurrence of an event as described. Additional costs for replacement or repair will be discussed with the customer and signed off prior to invoicing. • All major compressor rebuilds will be done by Ariel or Sauer factory trained and certified compressor master technicians. • Below are the tasks required to maintain each CNG Station that Opal Fuels will be providing along with weekly inspection reports filled out by the site technicians and made available to the customer. 10225 Philadelphia Court One North Lexington Ave 35577{0�g8c11s' Street NW Ranch 1 y CgaUnd ie ains, 1 - 62 12d U/LU 55960 SERVICE AGREEMENT — ALL INCLUSIVE 100% WARRANTY PREVENTATIVE MAINTENANCE SCHEDULE- Maintenance Checklist and Duties Guideline performed by Opal Fuels. Tasks included in PM agreement are done by Opal Fuels factory trained field service technicians. Compressors & Related Equipment Logging • Log running hours • Log temperatures • Log suction pressure • Log inter -stage pressures • Log oil levels and usage Compressors • Check oil consumption and oil levels • Check leak rate of mechanical seals • Drain effluents from receiver tank • Leak check pressurized loop — look and listen for leaks • Run to operating conditions; if able • Record operating temperatures • Record operating pressures • Record motor FLA • Observe & record unusual conditions • Observe compressor control operations • Observe priority or buffer fill operation • Fill vehicles as available • Observe dispenser operations • Check gas dryer operations • Inspect suction filter; change as required • Replace all inter -stage filter elements, as applicable to manufacturers requirements • Exchange motion work oil and filter; as applicable and to manufacturers requirements • Clean motion work oil strainer during oil changes • Inspect clean discharge check valves • Check inter -stage check valves for contamination • Clean v-belt grooves of flywheel and motor pulleys • Check condition of v-belt and belt tension • Clean/inspection suction/discharge valves of all stages • Grease/lubricate motor bearings • Check condensate collecting tank for contamination • Check all flexible hoses for signs of deterioration or damage • Inspect v-belts for proper wear and alignment • Torque all cylinder heads (machine warm and in standstill condition) Dispensers- Fast Fill (if applicable) • Verify on/off switch operations • Visually inspect tubing, piping, and valves for leaks and abnormalities 10225 Philadelphia Court One North Lexington Ave 35577{0�g8c11st Street NW Ranch 1 ymp{igaUna White ains, 1 - 63 12d U/LU 55960 SERVICE AGREEMENT — ALL INCLUSIVE 100% WARRANTY • Check and drain inlet filters • Check valve sequencing • Visually inspect all pressure relief devices for signs of failure or leakage • Verify ESD control functions and safety equipment • Verify on/off switch operations • Verify ESD control functions • Verify 4,250-psig maximum fill pressure limits Dispensers — Time Fill • Visually inspect tubing, piping, and valves for leaks and abnormalities • Check and drain inlet filters • Verify ESD control functions and safety equipment Methane Gas Detection Sensors • Verify and test operations • Test equipment to meet OEM design criteria • Repair and replace defective equipment Inlet Gas Dryer • Monthly — Drain pre -filter, blower house, and sump • Monthly — check differential pressure across pre -filter and after -filter elements. Replace if required when gauge is approaching red zone or 3-5 PSID • Monthly — check dewpoint for reading below -40F. If above, then regenerate dryer • Monthly — check and maintain operating conditions: pressure, flow, temperature within the design of parameters of the dryer. • Six Months — recalibrate/check span of moisture analyzer • Six Months — replace pre -filter, after -filter, and separator elements if needed • Annually — regenerate dyer, check regeneration cycle to ensure working properly • 1000 Hours — change oil in blower 2000 Hour Intervals • Post compression coalescing filter element replacement • Compressor frame oil replacement (crankcase oil) • Compressor frame oil replacement (crankcase oil filter) • Compressor oil strainer element cleaning • Force feed lubricator box lube oil replacement • Force feed lubricator filter replacement • Compressor interstage coalescing filter element replacement • Driver motor lubrication (grease bearings per manufacturers recommendations) 3000 Hour Intervals • Post compression coalescing filter element replacement 4000 & 8000 Hour Intervals — Compressor Rebuild • Post compression coalescing filter element replacement • Compressor frame oil replacement (crankcase oil) • Compressor frame oil replacement (crankcase oil filter) • Compressor oil strainer element cleaning • Force feed lubricator box lube oil replacement. 10225 Philadelphia Court One North Lexington Ave 35577{0�g8c11st Street NW Ranch 1 ymp{igaUnd ie ains, 1 - 64 12d U/LU 55960 SERVICE AGREEMENT — ALL INCLUSIVE 100% WARRANTY • Force feed lubricator filter replacement • Compressor interstage coalescing filter element replacement • Driver motor lubrication (grease bearings per manufacturers recommendations) • Compressor valves (rebuild or replace) • Measure & record all internal critical clearances (per Ariel specifications) • Replace any out of spec components • Compressor piston ring/rider band replacement • Compressor packing rebuild or replacement • Check all compressor critical fasteners for proper torque (nozzles, valve caps, heads, packing cases, etc.) • Compressor soft foot measure & record (correct if needed per Ariel spec) • Compressor to driver alignment & record (correct if needed per Ariel spec) 10225 Philadelphia Court One North Lexington Ave 35577{0�g8c11st Street NW Ranch I ymp{igaUnd ie ains, 1 - 65 12d U/LU 55960 SERVICE AGREEMENT — ALL INCLUSIVE 100% WARRANTY TruStar Energy SUBMIT Inspection Report MNS Customer ID: Se Wice 5 to ID: 75E Tech tic iak:l date: Company: Name of Customer Contacbd: Contact Name: Customer Comments M -. Address: City: State: zip (ode: IIIIEW 1. CornpressorandC"FOlsL61 icr Comrnenr maw Good Repair WA 1 Ched; daily service Iog for outstanding issues and talk to customer IRecord in comments[ 2 Check fault logs and actUefaults IRecord in comments) 3 Check overall condition of all Signage and Labeling in the Compressor Compound Area 4 Icheck operation of all lighting in the Compressor Compound Area s Check MCC and Communication Panel fartlair conditioner operation and air filters - clean or replace filters as necessary 6 check Compressor skid and MCC erKlosures for damage, water IeaWintrusion, rust and corrosion 7 Check Compressor Skid anchoring bolts and nutsfor looseness, broken bolGr and cracks in brackets, motor nrour=aodframe 8 Verify dates I Re-Ce rtihcation) on all Pressure Relief Valves located iNon Compressor Skid, Gas Dryer, Priority Panel, Defuel Panel, Storager and Dispenser g Check Day Tank oil level, add oil if needed io Check oil level in the Compressor Frame Site Glass 11 Check Methane Detector Ifen arsystem 12 observe the Compressor operation during fill 13 Check that Control Panel is functioning property 14 Cam pare Transducer readings toGauge readings 15 Record u ous ual no ises andjor vibratwns from Compressor in comments 16 Inspect for oil leaks on Compressor and at all oil supply line frttirgs 17 Inspect for loose tubing clam psand connectors 15 Check ESD operation in Dispe nser, Compressor and Time Fill areas. SB Verify Red Compressor Status La mp is lit, and that Email Alarm Notification System and jor Pager Duty NotifCations of ESD eveots were sent. 20 Verify M5A (brain Supply Apa rates) Gas Inlet A0mator Valve and Compressor Inlet Valves are dosed upon E5D activation (if applica ble) 21 Check operation Of Compressor Indicator "Stack" Lights (if applkable) during normal operation and ESD fault 22 ❑ rain condensates from Relief valve vent Stacks and Man'dalds in the following areas: [ )compressor I )Gas Dryer ( [Priority Panel f IDefuelPane I [ )Storage Itt! 2. Buffer/Priority Panel and Gas Storage Inspection sir Comm M &claw Goad Repair N/A 1 Verify the Pressure Relief valves on storage 'vessels are locked open 2 I nspect S Offer Storage for signs of damage/rust 3 I ospect a uffer/P dority Pa nel & tubing fo r damage 4 Observe operation of the Priority Pane I and controls s ❑ rain Past Compression Filters 10225 Philadelphia Court One North Lexington Ave 357{0�g81st Street NW Ranch ymp{igaund Ie dins, 1 — 66 12/ /L� 55960 SERVICE AGREEMENT — ALL INCLUSIVE 100% WARRANTY TruStar Energy Daily Inspection Report Item 3. Gas Dryer Inspection see eon�meni 6elaw Good Repair NIA 1 check Gas Dryer cantrollerfor alarms and status 2 check for damage 3 check Filter D'rffereMialPremireGaugeswhile running q check Dew Point IRecord on page 2) 5 check Heat irate Indicator IIIr cold weather} Item 4, Dispenser. Defuel,ing Systems and Time Fill Posts See Conn• ene &elow Good Repair NfA L check overall condition of all fignage and Labeling in the Dispenser and Time Fill Areas z Check operation of all Work Lights and Flood Lights in the Dispenser and Time Fill Areas 3 Check Fire EXtinguishers inspection date, Charge, condition, and placement around equipment compound 4 lVisually inspect Dispenser LLD Display for defects and damage 5 check the Dispenser for active fault codes B Inspect hoses, nozeles, valves and breakaways for leaks or damage - Inspect Nozzle conditicm/operation and dean with degreaser Spray H n�le is dirtyaroily 3 Inspect Dispenser operation and observe vehicle fueling from Dispenser 9 Check the Defueling Panel status for faulWalarms io Check the Conditionfoperation of the Defueling Hose, Breakaway Devices, Nozzle Valve and Coupler 11 Inspect all Tim a -Fill and Direct -Fill pasts, reels, lines & connections 12 Verity operation of arkeoff va hte on Time -Fill and Direct -fill Nozzles and lubricate nozzle with Silicone Spray Lubricant if needed 13 observe vehicle fueling fro m Time Fill station 14 Verity Flow Meters are displaying flow on dashboard during fueling event 5. Leak Detection f— Cammeni Bela. Goad Repair N/A 1 AN Pre -compression lines, fittings & valves from cas meter to Dryer 2 All Dryer connections, fittings, va Ives, flanges & filter housings 3 Supply lines fro In Dryer toCorn pressors d All connections, fittings, walwes & filter housings inside compresmr enclosure S Supply lines to Priority Panel B All connectionsr fittings &vaIves inside Buffer{priority Panel 7 Supply lines, fittings & va fires before and after Buffer storage B Post compression filter housings all Dispener, Defuel Panel, Time Fill and Direct Fill lines, connections, & fittings & Oil Replenishment Ter Comment Below 5 Gal 30 Gal 55 Ga I _ ❑Des site need oil replenished? [ ] No [ ] Yes - check Callan size and request quote Comments: IEnter Section # and Item # before each comment] 10225 Philadelphia Court One North Lexington Ave 35577{0�g8c11st Street NW Ranch I ym �aund ie Pins, 1 — 67 12/ U/LU 55960 SERVICE AGREEMENT — ALL INCLUSIVE 100% WARRANTY .A- TruStar Energy Inspectio z�fr37" F-49371 F4S372 Compresso- H.—Hour: Runnin6�Op. Trmp Oil level' Matt Rd h SM fA- wore R—N FulllAdd DayTarrk Add Oil TOC Prnau DaY Tank cal Rumm�g� Op T p LLe cyde Rate P Tagel 122 Sea 5ecords Manning& 0. Temp Ubetii'de Rate 2' '"" Seconds Runr'n6,0 Op Temp Oil Pros - W Parp Fid Namai Pst Oil Fite, DP"' M..i a ti in P.Ig P R.mr ng 9 Op, Ternp Rec Tank Pra — PSG ll 7,•g@Op. Temp Carp lnL-t Pressure' 45To60P*0 r9S Papm—m Psi Utility Gas Pressure P AmFaieM Air Temp Deg F R_---g@Oru Temp Matrerlunperage Reading on MamrCantd Pand HMl Amp— R_-••6 w 03.7ern3 hltreo•i'ainge F.e:e--tr, r."otor Gtrrt•a P:ntl Hhil Vales, _ _ __ _ _ _ iB0 To 7i0 t7LG Psp Names Psg - 'je c.Tp' 733 Ttr 2:T= F:FLItlnMTI DegF --- -- c Disdorse Temp' - - -_ - - Deg Runr ng lea Op. Te T3 Pressure' % 3- - =:z +s,rrra 1 13 ig Runnim6iez Op. Temp DiPd—Ge Ternp' 359 Ta 338E 1350E SnsNlni4) Deg Runmg@Op Tema Prey—' 3535 Tb 4S45 PYg{4D00 F.4 Noma: Psg R—r-riM Op, T.13 :i Ternp' 25g Ttr3Z7F 1350E 8n =— ❑e"r F Runninr@Op 7e.T3 ? - _ Running@ Op Temp Diadra-;e Ternp' - eg F 11—ing@Op Temp Diadorge P--m Psig Running@ Op Temp Time Fill Presure 13 ig 1 Tkw Pant 5msar— {dOF or Loweq De6F Dry- Inlet Pressure Psg Dr, Outlet Pressure RR; 1 - Drai n C—presmr - R—i— Tank Oa Grain Camp—rF-kmr,0il Colk,�on Tank CIE Drain Comp—r- Inlet Filter Oa Drain 5t tian - Past Ctrmprcxion Filters (Total) Or. Dispenser Rl-8 Drain Dispenser-In:e•ral Filter`-V—Whvawo cundarxsatsrj' Or. LkfpersserA314 Drain Dispenser-Inse•r al Filter rh—Whv awo cundarx,ataj Oa Mrter Main I nlet G as Meter t ' CUrltact RSM iF readings are out of range *•Contact RSM if dew Point reading is-ICK)to +68 to schedule regen of dryer ***DP = 6iferential Pressure - Change filter if } 10 Psig 10225 Philadelphia Court One North Lexington Ave 35577{0�g8c11st Street NW Ranch I �mi ff O'nCI White Plains, 1 — 68 12d U/LU 55960 SERVICE AGREEMENT — ALL INCLUSIVE 100% WARRANTY TruStar Energy ervi 5etrioe Te[In- - Tram Inspection Cotnpletiott Signature S.-F-06ii— Corporate 6HSm 3570 91�t Suet N W IM25 Philadelphia Cc. Cl.—. MN 559W Ft—-c... —F, CA 917M f8441336r750 f K95793-374a semicedept@tmstarener;y-cwM 10225 Philadelphia Court One North Lexington Ave 35577{0�g8c11st Street NW Ranch I �mi ff O'ncI White Plains, 1 — 69 12d U/LU 55960 SERVICE AGREEMENT - ALL INCLUSIVE 100% WARRANTY LS 10225 Philadelphia Court One North Lexington Ave 3570 81sf Street NW Ranch I ymp{igaUCA nd White Plains, l _ 70 12/ xp{jgcjq 55960 Public Works Agency and Library Services https://www.santa-ana.org/pw Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: First Street Slope Stabilization Project (Revive Santa Ana) AGENDA TITLE Award a Construction Contract to EverLevel Holdings, LLC. in the Amount of $4,482,892 for the First Street Slope Stabilization FY 2021-22 Project with an Estimated Construction Delivery Cost of $5,600,000 (Project No. 22-1341) (Non -General Fund) (Revive Santa Ana Program). RECOMMENDED ACTION 1. Reject all bids received on February 15, 2022, for construction of the First Street Slope Stabilization Project, due to changes in the scope of work. 2. Reject all bids received on April 5, 2022, for construction of the First Street Slope Stabilization Project, due to changes in the project specifications. 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $5,600,000 of American Rescue Plan Act (ARPA) funds for the First Street Slope Stabilization Project (22-1341). 4. Award a construction contract to EverLevel Holdings, LLC., the lowest responsible bidder, in accordance with the base bid in the amount of $4,482,892, for construction of the First Street Slope Stabilization Project, for the term beginning December 6, 2022 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 Cost Analysis for a total estimated construction delivery cost of $5,600,000, which includes $4,482,892 for the construction contract, $667,108 for contract administration, inspection and testing, and a $450,000 project contingency for unanticipated or unforeseen work. DISCUSSION First Street is a major arterial street and gateway to Downtown Santa Ana. The railroad undercrossing along First Street, between Standard Avenue and Grand Avenue, consists of four dirt slopes. The dirt slopes are severely degraded and eroded, which leads to the City Council 17 — 1 12/20/2022 Award Construction Contract to EverLevel Holdings, LLC December 20, 2022 Page 2 discharge of sediment into the street and City stormdrain system during rain events. Additionally, encampments that form at the top of the slopes lead to the discharge of trash and debris. The First Street Slope Stabilization Project (Exhibit 1) includes the installation of decorative concrete along the slopes near the railroad undercrossing, new security fencing, and a stormwater treatment device. The goal of the project is to improve water quality and address stormwater pollution via the stabilization of the dirt slopes, elimination of trespassing and encampments, and installation of a stormwater treatment device. The project will also significantly enhance the aesthetics of this important gateway to Downtown Santa Ana. Public Outreach and Contractor Participation During the project design phase, City staff presented four decorative concrete design options to the City's Environmental and Transportation Advisory Commission (ETAC). ETAC provided design input and voted on their preferred decorative concrete design, which was used in the final design of the project (Exhibit 6). This project was originally advertised for bid on January 24, 2022, with bids due on February 15, 2022, however the project was rebid due to a change in the scope of work. The project was advertised for rebid on March 15, 2022, with bids due on April 5, 2022, however the project was rebid again due to a required change to the project specifications. The project was advertised for a second rebid on September 26, 2022, with bids due on October 18, 2022. The second rebid is being recommended for construction contract award to the lowest responsible bidder, EverLevel Holdings, LLC. To provide an opportunity for local vendors to submit bids, the City notified 322 regional vendors via PlanetBids, many of which are Santa Ana based. Two vendors requested bidding documents, and a total of two bids were received. No bids were received from Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on September 26, 2022, October 3, 2022, and October 10, 2022. The project was also advertised in PlanetBids from September 26, 2022 through October 18, 2022. Bids were received electronically via PlanetBids on October 18, 2022. Second Rebid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 EverLevel Holdings, LLC Chino Hills $4,482,892 2 Excel Paving Co Long Beach $5,738,850 City Council 17 — 2 12/20/2022 Award Construction Contract to EverLevel Holdings, LLC December 20, 2022 Page 3 A total of two bids were received, both of which were deemed responsive. EverLevel Holdings, LLC. submitted the lowest responsive base bid in the amount of $4,482,892 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined by the Base Bid. In the past five years, EverLevel Holdings, LLC. has not performed any work for the City. Based on the bid analysis and a contractor reference check, staff recommends awarding the construction contract to EverLevel Holdings, LLC. in the amount of the Base Bid, totaling $4,482,892 (Exhibit 3). Proiect Delive To deliver a complete project, in addition to the construction contract, the estimated total project 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 includes 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 materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $5,600,000. Project Item Total Construction Contract $ 4,482,892.00 Construction Administration, Inspection, Testing $ 667,108.00 Contingencies $ 450,000.00 TOTAL CONSTRUCTION DELIVERY COST $ 5,600,000.00 On August 2, 2022, the Santa Ana City Council approved the Revive Santa Ana Spending Plan that included a $5,000,000 allocation of American Rescue Plan Act (ARPA) funds for the First Street Pedestrian Safety Project. Subsequently, $600,000 was reallocated from the Addition of Park/Open Space ARPA project to close the funding gap for this project. Approval of the amendment to the FY 2022-23 Capital Improvement Program (Exhibit 5) will officially incorporate the additional funding for the project into the CIP program. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-119 was filed for the project. FISCAL IMPACT The total estimated construction delivery cost of $5,600,0000, which includes construction, contract administration, inspection, testing, and an authorized contingency. City Council 17 — 3 12/20/2022 Award Construction Contract to EverLevel Holdings, LLC December 20, 2022 Page 4 The following table summarizes the funds budgeted and available for expenditure to deliver this project. Fiscal Accounting Unit - Fund Accounting Unit - Y Year Account No. Description Account No. Amount (Project No.) Description Current Available Funding 18117013-66220 American ARPA-PWA - 2022-23 (Proj. 22-1341) Rescue Plan Improvements Other $5,000,000 Act (ARPA) Than Building Project Budget Reallocation 18117013-66220 American ARPA_PWA — 2022-23 (From Proj. 22-1342 Rescue Plan Improvements Other $600,000 to Pro'. 22-1341) Act ARPA Than Building Total $5,600,000 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. FY 2022-23 CIP Sheet 6. Concrete Design Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 17 — 4 12/20/2022 EXHIBIT 1 Legend � -Project Location Exhibit 1 SANTA ANA 1 Project No. 22-1341: ua7=j First Street Slope Stabilization PUBLIC WORKS AGENCY CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1341 FIRST STREET SLOPE STABILIZATION PROJECT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: EverLevel Holdings, LLC 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: Item Description Qty Unit Unit Amount Price I Clearing and Grubbing 45,193 SF D, `� ��"�� 9 30, 2 Unclassified Excavation 2,670 CY $ $ and Export of / 0 0 °� ),67 o o o' Excavated Material* i 3 Remove Existing 912 LF $ $ Chainlink Fence 3 20 4 Slope Inigation System I LS $ $ °© Removal and �. 00 00 0, °� .r . � 01 0 0 0. Abandonment 5 Protection of Surface I LS $ $ ao Utility Frames and 6-01d 00. aqo SD! 000. Covers 6 Reinforced Concrete Slope Paving 1,848 CY $ 9 -7 $ ov to 7't ZI "0, ' 7 Permeable Backfill 812 CY $ $ (Class II Aggregate) 13 s s_-0 a ci 1, 6 Z O, 8 Sandstone Lens - 15,317 SF $ $ Stamped Concrete with Integral Color and Anti- rr9 2 S, 00 8 2. Il Z S '- Graffiti Coatine 9 4"-6"Cobblestone 17,375 SF $ $ 17.-° 2o9S37,S—° 10 Mortar Bed 17,375 SF $ $ 1 i River Lens - Exposed 11,401 SF $ $ Aggregate Concrete, Integral color, and Anti- 32. 4 3 L '-J S 3 2 Graffiti Coating 12 8' Tall Securifor 4D 937 LF $ $ J� Fence and Two (2) - 8' ' � ? � J 2,�O Access Gates � City Council 17 - 6 12/20/2022 . P-1 of P-21 KtL3iu;z CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1341 FIRST STREET SLOPE STABILIZATION PROJECT Item Description Qty Unit Unit Amount Price 13 Asphalt Concrete 3.8 TN $ $ s v Pavement (Intl. (f 000. �O 34 � a O. Aggregate Base) 14 8" Thick PCC Drive 268 SF $ $ 14 Approach 15 4"Thick PCC V-Ditch 46 SF $ $ 09 16 Variable Height Type 29 LF $ $ A-2-8 PCC Curb & 100 o Zf 19c), Gutter 17 Cartridge Media Filter 1 EA $ od $ 0,0 Vault 5-01000, 18 F1oGard +Plus Standard 1 EA $ fro $ a o Catch Basin Insert II 0O" �� 000. Filter 19 Low -Flow Grated 1 EA $ $ 6v Catch Basin o (of 00 0, (o 000. 20 10" SDR 26 PVC Pipe 8 LF $ 0� a+$ 1z 2 0040 21 4" Perforated PVC Pipe 1,959 LF $ $ s� 30, � 22 2" PVC Weep Hole 10 EA $ $ Drains, Sidewalk � l Z Oo • P~ 000. Remove & Replace 23 Connection to Existing 1 EA $ ro $ ao Catch Basin 21 000, " 2� a v • — 24 No Dumping Stencil 6 EA $ $ Do -3 5-0p C00, r 25 Project Advertisement 2 EA $ $ o� Sign no -2` P0. — s' 00 0 26 SWPPP Risk Level 2 1 LS $ $ //��; �pTJ� 000, `tea 27 As -Built Plans 1 LS $ 0s $ sa iI, OOo, II! o 00 28 Construction Pennits 1 LS $16,500 $16,500 29 Remove & Salvage 1 LS $ o $ a� Changeable Sign and fS" 00 p 1 S 000, Footing 30 Custom Concrete 1 LS $ $ ero Stamp of City Logo /, 000, City Council 17 — 7 12/20/2022 P-2 of P-21 KLBIU� CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1341 FIRST STREET SLOPE STABILIZATION PROJECT TOTAL BASE BID $ /-rl q $ Z� SR ?- rr 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 "25%" 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 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 one hundred and thirty (130)working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $4,800 per calendar day. Name ofFirmn EverLevel Holdings, LLC Signature of BIDDER Title Craig Roth - President/COO (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.) City Council 17 - 8 12/20/2022 P-3 of P-21 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 22-1341 FIRST STREET SLOPE STABILIZATION This CONSTRUCTION CONTRACT is made and entered into this 6"' day of December, 2022 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 EverLevel Holdings, LLC (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and fur-nish 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 First Street Slope Stabilization (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 • 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 Four Million, Four Hundred Eighty -Two Thousand, Eight Hundred Ninety -Two Dollars and No Cents ($4,482,892.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "B." The BID PROPOSAL contains a schedule of writ price(s) or lump srun(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase 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. City Council 17 — 9 12/20/2022 Page I of 14 4. CONTRACTOR agrees to complete the WORK 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 timefiame 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: http://www.santa-una.org/pwa/documents/CWA.pdf 7. 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. S. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish 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 fnaI 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. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly fiom, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 17 — 10 12/20/2022 Page 2 of 14 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 11. FEDERAL PROVISIONS. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all applicable federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act"); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 -- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit "A" and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. City Council 17 —11 12/20/2022 Page 3 of 14 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:, JOHN FUNK Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITV OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: EverLevel Holdings, LLC . J4'-�2 &6= NAME: Cry- Karli TITLE: QwWuew loco City Council 17 — 12 12/20/2022 Page 4 of 14 EXHIBIT A FEDERAL CONTRACT PROVISIONS During the performance of this Construction Contract, CONTRACTOR shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit 44 57 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NONFEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix 11 to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix 11 to Part 200 (C) — Equal Employment Opportunity_ During the performance of this Construction Contract, CONTRACTOR agrees as follows: (i) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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. (ii) The CONTRACTOR will, 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, sexual orientation, gender identity, or national origin. (iii) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as apart of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. City Council 17 — 13 12/20/2022 Page 5 of 14 (iv) The CONTRACTOR will 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. (v) The CONTRACTOR will 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. (vi) The CONTRACTOR will 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 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. (vii) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this Construction Contract or with any of the said rules, regulations, or orders, this Construction 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 Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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 subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a 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 the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the CITY so participating is a State or Iocal government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract. The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the City Council 17 — 14 12/20/2022 Page 6 of 14 supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix 11 to Part 200 (D) -- Davis -Bacon Act: Not applicable to this Construction Contract since it is funded by CSLFRF. (d) Appendix 11 to Part 200 (D) ---- Copeland "Anti -Kickback" Act: Not applicable to this Construction Contract since it is funded by CSLFRF. (e) Appendix 11 to Part 200 (E) -- Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the CONTRACTOR, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is City Council 17 — 15 12/20/2022 Page 7 of 14 held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: Not applicable to this Construction Contract. (g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix 11 to Part 200 (H) — Debarment and Suspension: (i) This Construction Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by CITY. If it is later determined. that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) CONTRACTOR warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all City Council 17 — 16 12/20/2022 Page 8 of 14 subcontractors performing work under this Construction Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Construction Contract. (i) Appendixjj to Part 200 I — Byrd Anti-Lobb in Act: CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachment "1" and incorporated herein by this reference. 0) Appendix II to Part 200 Q — §200.323 Procurement of Recovered Materials: (i) CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Construction Contract, the CONTRACTOR shall make maximum use of products. containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www. epa.gov/smm/comprehensive-procurement-guidelinc-cpg-program. (iv) The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Construction Contract. As described in Public Law 115-232, section 889, covered City Council 17 — 17 12/20/2022 Page 9 of 14 telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 Q — §200.322 Domestic Preferences for Procurement: (i) CONTRACTOR shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and Imnber. 2. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. CONTRACTOR agrees to provide the CITY, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5) years after completion of the project. City Council 17 — 18 12/20/2022 Page 10 of 14 (b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603 (f) of the Act, and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. City Council 17 — 19 12/20/2022 Page 11 of 14 (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, .or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, CONTRACTOR may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: management; enforcement agency; (1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General; (3) The Government Accountability Office; (4) A Treasury employee responsible for contract or grant oversight or (5) An authorized official of the Department of Justice or other law (6) A court or grand jury; or (7) A management official or other employee of CONTRACTOR, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), CONTRACTOR should encourage its employees and subcontractors to adopt and City Council 17 — 20 12/20/2022 Page 12of14 enforce policies that ban text messaging while driving, and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) CONTRACTOR acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, CONTRACTOR shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACTOR's successors, transferees and assignees for the period in which such assistance is provided. (v) CONTRACTOR agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR's subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against aperson on the basis of race, color, or national origin (42 U.S. C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract (or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as City Council 17 — 21 12/20/2022 Page 13 of 14 implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract (or agreement). (vi) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property. (vii) CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. CONTRACTOR shall comply with information requests, on -site compliance reviews, and reporting requirements. (viii) CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a Iist of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI. (ix) CONTRACTOR must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the CONTRACTOR and the administrative agency that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination, CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If CONTRACTOR makes sub -awards to other agencies or other entities, CONTRACTOR is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance. City Council 17 — 22 12/20/2022 Page 14 of 14 X It"J. A -" CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1341 FIRST STREET SLOPE STABILIZATION PROJECT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROMEverLevel Holdings, LLC 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 finnish all material and do all the work required to complete the said work in accordance with said playas (if any) and the specifications for theunitprice(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Amount Price I Clearing and Grubbing 45,193 SE $ $ 5n � oa � �s"d CY3 0. ,� 2 Unclassified Excavation 2,670 CY $ $ and Export of f 0 E3 2- �),6 7 loo O o° 6 Excavated Material* i ' 3 Remove Existing 912 LF $ $ o Chainlink Fence 3S, '-� 3 ,, p + 4 Slope hdgation System I LS $ $ o Removal and o, oG 0, eg Dr 0 P 01 — Abandonment 5 Protection of Surface I LS $ $ a o Utility Frances and 01 6-1, 0 p0, �a G-01 a 0 O . '~ Covers 6 Reinforced Concrete Slope Paving 1,848 CY $ $ �w -7 ©, as I! -7 417` 5-6 0. 7 Permeable BackfiIl 812 CY $ $ (Class 11 Aggregate) a i 3 57-= PI, 6 Z 0, 8 Sandstone Lens - 15,317 SF $ $ Stamped Concrete with Integral Color and Anti- ryas 2 �' 0 2-1 R Graffiti Coating 9 V-6"Cobblestone 17,375 SF $ $ 10 Mortar Bed 17,375 SF $ $ 8 ti/ �u• 11 River Lens --- Exposed 11,401 SF $ $ Aggregate Concrete, Integral color, and Anti- t, 32 - e 3 to Y Graffiti Coating 12 8' Tall Secuiifor 4D 937 LF $ $ Fence and Two (2) - 8' °2 P-1 of P-91 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1341 FIRST STREET SLOPE STABILIZATION PROJECT Item Description Qty unit Unit Amount Price 13 Asphalt Concrete 3.8 TN $ $ o Pavement {Intl. +� $ 0 p , �° 3r � p 0. --� Agffe ate Base 14 8" Thick PCC Drive 268 SF $ 9� $ D R. Approach is' 2, 15 4" Thick PCC V-Ditch 46 SF $ $ 16 Variable Height Type 29 LF $ $ .A 2-8 PCC Curb & Gutter 1 17 Cartridge Media Filter 1 EA $ o�v Vault 5-0UP 0 a0, 1 '�� d o o , 18 FloGard -Plus Standard 1 EA $ $ vro Catch Basin Insert 11 000 10 t� Filter 19 Low -Flow Grated 1 EA $ $ Catch Basin, ov 42, ° r� Poo. '•""' 20 10" SDR 26 PVC Pipe 8 LF $ $ 000 21 4" Perforated PVC Pipe 1,959 LF 22 2" PVC Weep Hole 10 EA $ $ Drains, Sidewalk j)zoo`— ppp� Remove &Replace ! 23 Connection to Existing 1 EA $ $ yo Catch Basin 2� �04, '� 0,0 0 . .- 24 No Dumping Stencil 6 EA $ 09 $ o 0 25 Project Advertisement 2 EA $ �� $ Sign '2 Tbo, tj"aoo. 26 SWPPP Risk Level 2 1 LS $ $ 27 As -Built Plans l LS $ $ . Ili vao, 28 ConstructionPennits 1 LS $16,500 $16,500 29 Remove & Salvage I LS $ a $ 09 Changeable Sign and �" n o p $� o v U, "~ Footingl 30 Custom Concrete l LS $ �, $ Stamp of City Logo �d o00, I d QO�. City Council 17 — 24 12/20/2022 P_9 of P_`31 HEBIDL CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1341 FIRST STREET SLOPE STABILIZATION PROJECT TOTAL BASE BID 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 "25%" 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. f This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS .AND LI UTDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one hundred and thirty (130) working _days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $4,800 per calendar day. Name of Film EverLevel Holdincrs, LLC Signature of .BIDDER Title Craiq Roth - President/COO (If an individual, so state. If a fnm or co partnership, state the firm name and give the names of all individual copartners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof:) City Council 17 — 25 12/20/2022 P..1 of P..71 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 22-1341: First Street Slope Stabilization Construction Contract $ 4,482,892.00 Contract Administration, Inspection and Testing $ 667,108.00 Contingencies $ 450,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 5,600,000.00 City Council 17 — 26 12/20/2022 PROJECT TITLE: First Street Slope Stabilization Project PROJECT CATEGORY: Utility/Drainage/Lighting Improvements Storm Drain/Water Quality LOCATION MAP A N AGENCY: Public Works CITY OF SANTA ANA FY 22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Installation of decorative concrete, a stormwater treatment device, and new security fencing along the First Street railroad undercrossing. F JECT NEED: ilroad undercrossing along First Street, between Standard e and Grand Avenue, consists of four dirt slopes. The dirt slopes verely eroded, which leads to the discharge of sediment into the and City stormdrain system during rain events. Additionally, pments that form at the top of the slopes lead to the discharge of nd debris. The goal of the project is to improve water quality and s stormwater pollution via the stabilization of the dirt slopes, tion of trespassing and encampments, and installation of a ater treatment device. The project will also significantly enhance sthetics of this important gateway to Downtown Santa Ana. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Construction 5,600,000 - - - - - - TOTAL 5,600,000 - - - SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 ARPA Funds 5,600,000 - - - - - - TOTAL 5,600,000 - - - - - - DIVISION: C/P Engineering CONTACT: Craig Foster, NPDES Manager DATE: 04-Nov-2022 City Council 17 — 27 12/20/2022 FIRST STREET STAMPED CONCRETE SLOPE PAVING PATTERN AND COLOR ALTERNATIVES SANTA FE i OPTION 3: RIVERINE i . � s HAWTHORNE S I f A +r I { f 4 FIRST ST CONCEPTUAL 9A 15�Id —.k� }# - _.—� NORTHEAST AND SOUTHEAST SLOPES oRAIAfa PLAN V1Ma 0 a SEE STAMP DETAIL;�;7 Cr - _ - -- fir..; I ---•--- - --- :� . _Ike-_---- ,''�+� - — -- --- --'- O USTOMCONCRETESTAMPOF THE SANTA ANA C I7Y LOGO 0.5" DEEP MAX 9Y SPEC FORMLINERS °�-�--7ORAPPROVED EXAL �v City Council 17 — 28 6i� �^ �` ``��12/20/2022 _ t x FINAL DESIGN (CONCRETE WILL BE COLORED SIMILAR TO ABOVE) Public Works Agency www.santa-ana.org/public-works Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Safe Routes to School Davis Elementary Access Compliance AGENDA TITLE Award a Construction Contract to Palp, Inc. DBA Excel Paving Company in the Amount of $5,558,420 for the Safe Routes to School Davis Elementary Access Compliance Project with an Estimated Total Delivery Cost of $6,948,025 (Project Nos. 19-6951 and 22-1404) (Non -General Fund) (Revive Santa Ana Program) RECOMMENDED ACTION 1. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $2,114,025 of funding in American Rescue Plan Funds for the Safe Routes to School Davis Elementary Access Compliance project. 2. Award a construction contract to Palp, Inc. DBA Excel Paving Company, the lowest responsible and responsive bidder, in accordance with the base bid in the amount of $5,558,420, for construction of the Safe Routes to School Davis Elementary Access Compliance Project, for a term beginning December 20, 2022 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. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,948,025, which includes $5,558,420 for the construction contract, $833,000 for contract administration, inspection and testing, and a $556,605 project contingency for unanticipated or unforeseen work. DISCUSSION The Safe Routes to School Davis Elementary Access Compliance project will make improvements for pedestrians traveling in the vicinity of Davis Elementary School. The project will take place in the French Court neighborhood, with improvements planned along French Street, Spurgeon Street, Washington Avenue, Penn Way, Bush Street, Poinsettia Street, 141h Street, 15th Street, 161h Street, and 17th Street (Exhibit 1). The purpose of the project is to increase safety and convenience for pedestrians that utilize this corridor, primarily students. Work activities include removing and replacing City Council 18 — 1 12/20/2022 Safe Routes to School Davis Elementary Access Compliance December 20, 2022 Page 2 driveways, sidewalks, and curb ramps, and removing some asphalt roadway sections to build concrete build -outs to encourage slower traffic speeds. The construction scope of work includes installation of bulb -outs at crossings adjacent to Davis Elementary School, reconstruction and installation of curb ramps, sections of sidewalks, curb and gutter, water quality BMPs, signing & striping, construction of PCC pavement, AC pavement and driveways along the safe routes to school (Exhibit 2). Public Outreach and Contractor Particiaation To provide an opportunity for local vendors to submit bids, the City notified a total of 33 regional vendors via PlanetBids, many of which are Santa Ana based. A total of three bids were received however, no bids were received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on September 6t" and 13t", 2022. The project was also advertised in PlanetBids from September 7t", 2022 through October 5t", 2022. Bids were received electronically via PlanetBids on October 5t", 2022. No formal bid protest was submitted by any bidders during the bid protest period. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Palp, Inc DBA Excel Paving Long Beach $5,558,420.00 Company 2 Hardy & Harper, Inc. Lake Forest $6,500,000.00 NR Klassic Engineering and Orange Non -Responsive Construction, Inc. A total of three bids were received and of the three bidders, Klassic Engineering and Construction, Inc. was non -responsive. Palp, Inc. DBA Excel Paving Company submitted the lowest responsive base bid in the amount of $5,558,420 (Exhibit 3). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Palp, Inc. DBA Excel Paving Company, in the amount of the base bid totaling $5,558,420 (Exhibit 4). Palp, Inc. DBA Excel Paving Company, has performed the following work in the City of Santa Ana within the past 5 years: Misc. Storm Drain Repairs (Project No. 21-6458), Bush Street Bicycle Blvd. from Civic Center to 17t" St. (Project No. 18-9002), Traffic Signal and Bulb -Outs at Bishop -Pacific -Shelton Bicycle Improvements (Project No. 15-6848), 3rd Street Traffic Calming from Birch to Spurgeon (Project No. 15-6606) and Residential Street Repair FY 14/15 Project No. 15-6836). City Council 18 — 2 12/20/2022 Safe Routes to School Davis Elementary Access Compliance December 20, 2022 Page 3 Proiect Delive To deliver a complete project, in addition to the construction contract, the estimated total project 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 includes construction management; implementation of the federal labor requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $6,948,025. Project Item Total Construction Contract $5,558,420.00 Construction Administration, Inspection, Testing $833,000.00 Project Contingencies $556,605.00 TOTAL CONSTRUCTION DELIVERY COST $6,948,025.00 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2019-38 was filed for the project 19-6951. NEPA Categorical Exemption per Section 23 USC 326 on May 2, 2019. NEPA Categorical Exemption revalidated on January 28, 2022. FISCAL IMPACT On August 2, 2022, the City Council approved the Revive Santa Ana Spending Plan that reflected the entire American Rescue Plan Act (ARPA) allocation of local fiscal recovery funds. A $2,114,025 cost savings was subsequently identified from Project 22- 1342 and redirected, by the City Manager's authorization, to the Safe Routes to School Davis Elementary Access Compliance project, a critical infrastructure, pedestrian and mobility improvement project. As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $6,948,025, which includes construction, contract administration, inspection and testing, and authorized contingencies of $1,389,605. All funds are available for expenditure in Fiscal Year 2022-23, however any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2023-24. The following table summarizes the funds budgeted for expenditure to deliver construction of this project: City Council 18 — 3 12/20/2022 Safe Routes to School Davis Elementary Access Compliance December 20, 2022 Page 4 Fiscal Accounting Unit Fund Accounting Unit -Account Year - Account No. Description No. Description Amount Project No. Additional Funds: 18117013-66220 American Improvements 2022-23 (To: 22-1404 Rescue Plan Other TBuilding Other Than $2,114,025 From: 22-1342) Act Existing Budget: 14817614-66220 Active Transportation 2019-20 (19-6951) ATP Program, Improvements $4,834,000 Other Than Building Total $6,948,025 EXHIBIT(S) 1. Location Map 2. CIP Sheet 3. Bid Proposal 4. Construction Contract 5. Cost Analysis Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 18 — 4 12/20/2022 EXHIBIT 1 17iH ST LOCAMN MAPQ INOi i0 SCULEI WH gr Fm A 1fm g E W v WASHWaTM AV EXHIBIT 1 SANTA ANA PROJECT NO. 19-6951: SAFE ROUTES TO SCHOOL P W A DAVIS ELEMENTARY ACCESS COMPLIANCE PUBLIC WORKS AGENCY ATPSB1 L-5063(193) PAGE 1 OF 1 City Council 18 — 5 12/20/2022 PROJECT TITLE: Davis Elementary SRTS (PROJECT CATEGORY: Traffic Improvements - Traffic Safety/Mobility LOCATION MAP a^ Aye p z ti SANTA ANA W14thst TRIANGLE W 17th St F 17th St tJl c a $ FRENCH E PARK 1'ii9 34 CITY OF SANTA ANA CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Installation of bulb -outs at crossings adjacent to Davis Elementary, reconstruction and installation ofADA compliant curb ramps, sections of sidewalk and driveways along the safe routes to school (SRTS). EXHIBIT 2 PROJECT NEED: Project is designed to increase pedestrian safety and mobility. PROJECT COSTS FY 19/20 FV 20/21 FY 21/22 FY 22/23 FV 23/24 FV 24/25 FV 25/26 Construction $4,834,000 $ 2,114,025 TOTAL $4,834,000 $ 2,114,025 SOURCE OF FUNDS FV 19/20 FY 20/21 FY 21/22 FY 22/23 FV 23/24 FY 24/25 FV 25/26 ARPA $ 2,114,025 ATP $4,834,000 TOTAL $4,834,000 $ 2,114,025 AGENCY: DIVISION: CONTACT: DATE: Public Works Agency CIP Engineering Jason Gabriel, Principal Civil Engineer 02-Dec-2022 -1- &nbsp; City Council &nbsp;18 &ndash; &nbsp; 6 12/20/2022 &nbsp; EXHIBIT 3 MAYOR Vicente Sanniento MAYOR PRO TEM Phil Bacerra COUNCILMEMBERS Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan September 19, 2022 AI)DENDUM No. ONE CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Canter Plaza. M-36 • P,O, Box 1988 Santa Ana, California 92702 www.santa-ana.ora CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL SUBJECT: PROJECT NO.19-6951, ATPSB1L-5063(193) — SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE The following changes have been made to the Specifications for the subject project: SPECIFICATIONS Notice of Inviting Bids, page vii: Replace with the attached page o Change electronic Bid submission deadline on PlanetBids system to October 5, 2022 at 2:00 p.m. Total pages for this addendum (including attachment) = 2 pages. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME FOR TH 'Y ' F SANT/k ANA i Taig Higgins, P.E. Interim City Engineer SANTA ANA CITY COUNCIL Vicente Samllento Phi Bacerra Thai Viet Phan David Penatoze Jessie Lopez Johnathan Ryan Hemandez Nelda Mendoza NMyor 4 Ward 1 Ward 2 Ward 3 Ward 6 nmenda Ward 6-ana.om murmamity �°oun 1i1 n 8 — 7 12/20/2022 j CITY OF SANTA ANA ADVERTISEMENT ADDENDUM NO. ONE PROJECT NO.: 19-6951 SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Santa Ana will receive Bids electronically via PlanetBids on or before 2:00 pm, October 5, 2022. No late bids will be accepted. No other method of bid submittal will be accepted for: PROJECT NO.: 19-6951, ATPSB 1 L-5063(193) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE All Plans and Specifications are available on PlanetBids. For further information on how to register as a vendor refer to: htikis://www.santa-ana.org/vendor-registration/ Do not call Purchasing Division regarding Public Works Agency projects. Scope of Work: Installation of bulb -outs at crossings adjacent to Davis Elementary School, reconstruction and installation of ADA compliant curb ramps, sections of sidewalks, curb and gutter, removal, water quality BMPs, signing & striping, construction of PCC pavement, AC pavement and driveways along the safe routes of school. Pre -Bid Job Meeting: There is no scheduled pre -bid job walk. Contractor's License Requirements: From the time of City Council contract award until work completion, the Contractor shall possess a valid California Class "A" Contractor's license. All sub -contractors shall be properly licensed for their respective trades. Public Works Construction Permit: The Contractor will be required to obtain a Public Works Construction Permit (refer to Section 2-2a, Construction Permit, of these Special Provisions). The required deposit for this permit shall be as described in the Bid Proposal. Bid Proposal Guaranty: o A scanned cote of the Bid Proposal Guaranty shall be uploaded to PlanetBids along with project bid. Bid Proposal Guaranty shall be in the form of a cashier's or certified check payable to the City of Santa Ana, or Bid Bond issued by a corporate surety, in an amount not less than ten percent Q0%) of the bid aggregate, as a guarantee that the Bidder will enter into the proposed contract if the same is awarded. The signature of the bidder on the bid bond must be notarized. o In addition to electronic Bid submittals, Bidders shall deliver an original hard copy of the Bid Proposal Guaranty. For further instructions regarding original Bid Proposal Guaranty submittal, refer to PlanetBids. Failure to provide required documents with Bid may cause the bid to be deemed non- responsive. City Council 18 — 8 12/20/2022 vii CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6951 SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA PALP, INC DBA FROM: EXCEL PAVING COMPANY 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: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 4,200 CY $ $ Zoo $y000a 2 Removal of PCC Pavement* 1,800 CY $ $ 3 Construct PCC with (3-day) Cure with 1,800 CY $ $ Dowels* SW 14K000a 4 AC Pavement* 1,400 TN $ l ad $ Z?72oo 5 Asphalt Rubber Hot Mix (ARHM)* 400 TN $ $ 23`+ �3t7oo 6 PCC Driveway Approach (T=6")* 11,500 SF $ $ j (o 13y o00 7 PCC Driveway Approach (T=8")* 6,400 SF $ $ Z O � 2 Savo 8 PCC Alley Apron* 1,700 SF $ $ l $ 3 o rood 9 PCC Sidewalk (T=4")* 56,900 SF $ $ 11 �2Saoo 10 PCC Curb and Gutter (Type A-2-6)* 1,300 LF $ $ 11 PCC Curb and Gutter (Type A-2-8)* 500 LF $ $ 6S i2Soo 12 PCC Rolled Curb* 100 LF $ $ foz 6Soo 13 PCC 6" Curb And/or Match Existing* 4,500 LF $ $ �`1 z 4 30o0 City Council 18 — 9 12/20/2022 P-1 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6951 SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE Item Description Qty Unit Unit Price Amount 14 PCC Curb Ramp* 6,000 SF 15 PCC Cross Gutter (Local)* 2,600 SF $ $ Zo $zooc, 16 Construct Sidewalk Culvert* 20 LF $ $ Li 5-0 �1 oco 17 Decorative Brick Pavement* 900 SF $ $ ZT 18 Retaining Curb* 500 LF $ $ 4-t Zit Soo 19 Furnish and Install New #6 Pull Box to 18 EA $ $ Finished Grade 14300 32y,00 20 Root Shave* 75 EA $ $ ?Od 5 z Soc� 21 Furnish and Install New Water Valve 39 EA $ $ Frame and Cover to Finished Grade 1 \ 00 y 29oc, 22 Adjust Manhole Frame & Cover to 14 EA $ $ Finished Grade 1180 13'? 2 0 23 Adjust Sewer Cleanout to Finish Grade 3 EA $ $ -75o Z2.Sp 24 Furnish and Install New Water Meter 22 EA $ $ Box 500 t 000 25 Fire Hydrant Assembly* 6 EA $ $ 17 000 1020010 26 Furnish and Install Tree* 1 EA $ $ 5000 50ci 27 Remove Tree and Roots Complete* 1 EA $ $ 3000 -3000 28 Tubular Steel Guard Rail* 150 LF $ $ 2-7o y�5oo 29 Crack Seal with Deere Super Gray* 2,000 LF $ $ 5 l0OCDO 30 Adjust Survey Monument Frame and 2 EA $ $ Cover to Finished Grade* `R $d 1960 31 Furnish and Install Traffic Loop Type 37 EA $ $ D* 3 7o t 3 F�to 32 Furnish and Install Traffic Loop Type 64 EA $ $ E* 400 Zs,Lao 33 Signing and Striping 1 LS $ $ Sc� �ooa 6800a City Council 18 — 10 12/20/2022 P-2 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6951 SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE Item Description Qty Unit Unit Price Amount 34 Filterra System and Installation 1 LS $ -74oco $ Z`(boo 35 Temporary Construction Sign 10 EA $ $ S4o 36 Construction Permit 1 LS $30,000 $30,000 37 Project Advertisement Sign 2 EA $ $ 950 lSob 38 SWPPP Risk Level #2 1 LS $ $ 3S-7CXX2 3S�000 City Council 18 —11 12/20/2022 P-3 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6951 SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE TOTAL BASE BID (1-38) $ S, '95'b,-1ZO ` 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 "25%" 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. 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 100 working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $5,000 per calendar day. PALP. INI DBA Name of Firm EXCEL_ P /ING COMPANY Signature of BIDDER > Title % Curtis P. Brown III (If an individual, so s-fate. 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 David A. Drukker Vice President and Chief Financial Officer Marcia S. Miller Secretary Crissa A. Phfllipt Amt. Neretary City Council 18 — 12 12/20/2022 P-4 of P-23 EXHIBIT 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE This CONSTRUCTION CONTRACT is made and entered into this 201h day of December, 2022 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: 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 Safe Routes to School Davis Elementary Access Compliance 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 Five Million Five Hundred and Fifty Eight Thousand Four Hundred and Twenty Dollars and No Cents ($5,558,420.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase 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. City Council 18 — 13 12/20/2022 rev. 09/01/2017 Page 1 of 4 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "D") 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: http://www.santa-ana.org/pwa/documents/CWA.pdf 7. 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. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish 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. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 18 — 14 12/20/2022 Page 2 of 4 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 11. FEDERAL PROVISIONS. The federal prevailing wage rates are attached hereto as Exhibit `B" and incorporated herein by this reference. When the federal prevailing wage rates and California prevailing wage rates differ for similar kinds of labor, the CONTRACTOR shall not pay less than the higher rate. The provisions of Form FHWA 1273 apply to this Construction Contract and all work performed by the CONTRACTOR and its subcontractor and lower tier subcontractors and is attached hereto as Exhibit "C" and incorporated herein by this reference. The CONTRACTOR shall comply with all federal requirements including, but not limited to, the Federal - Aid Contract Provisions attached hereto as Exhibit "D" and incorporated herein by this reference. With respect to any conflict between such federal requirements and the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control 12. USE OF CSLFRF FUNDS. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all applicable federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act"); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the City Council 18 — 15 12/20/2022 Page 3 of 4 Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit "E" and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �?"�� JOHN M. FUNK Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Palp, Inc. DBA Excel Paving Company NAME: TITLE: City Council 18 — 16 12/20/2022 Page 4 of 4 Exhibit A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6951 SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA PALP, INC OBA FROM: EXCEL PAVING COMPANY 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: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 4,200 CY $ $ top $y 000a 2 Removal of PCC Pavement* 1,800 CY $ $ 2-00 3tooaov 3 Construct PCC with (3-day) Cure with 1,800 CY $ $ Dowels* �Oc� 14N000a 4 AC Pavement* 1,400 TN $ IaB $ 2-7720o 5 Asphalt Rubber Hot Mix (ARHM)* 400 TN $ $ 23`+ '-173t7oo 6 PCC Driveway Approach (T=6")* 11,500 SF $ $ j (o I Sy o00 7 PCC Driveway Approach (T=8")* 6,400 SF $ $ ZO I2$c�vo 8 PCC Alley Apron* 1,700 SF $ $ l $ 3 o rood 9 PCC Sidewalk (T=4")* 56,900 SF $ $ i1 �zraoa 10 PCC Curb and Gutter (Type A-2-6)* 1,300 LF $ $ toS �`fsov 11 PCC Curb and Gutter (Type A-2-8)* 500 LF $ $ 6S 32soo 12 PCC Rolled Curb* 100 LF $ $ fob hSoo 13 PCC 6" Curb And/or Match Existing* 4,500 LF $ $ z 43ovo City Council 18 — 17 12/20/2022 P-1 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6951 SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE Item Description Qty Unit Unit Price Amount 14 PCC Curb Ramp* 6,000 SF 15 PCC Cross Gutter (Local)* 2,600 SF $ $ Zo $zooc, 16 Construct Sidewalk Culvert* 20 LF $ $ Li 5-0 �1 oco 17 Decorative Brick Pavement* 900 SF $ $ ZT 18 Retaining Curb* 500 LF $ $ 4-t Zit Soo 19 Furnish and Install New #6 Pull Box to 18 EA $ $ Finished Grade 14300 32y,00 20 Root Shave* 75 EA $ $ ?Od 5 z Soc� 21 Furnish and Install New Water Valve 39 EA $ $ Frame and Cover to Finished Grade 1 \ 00 y 29oc, 22 Adjust Manhole Frame & Cover to 14 EA $ $ Finished Grade 1180 13'? 2 0 23 Adjust Sewer Cleanout to Finish Grade 3 EA $ $ -75o Z2.Sp 24 Furnish and Install New Water Meter 22 EA $ $ Box 500 t 000 25 Fire Hydrant Assembly* 6 EA $ $ 17 000 1020010 26 Furnish and Install Tree* 1 EA $ $ 5000 50ci 27 Remove Tree and Roots Complete* 1 EA $ $ 3000 -3000 28 Tubular Steel Guard Rail* 150 LF $ $ 2-7o y�5oo 29 Crack Seal with Deere Super Gray* 2,000 LF $ $ 5 l0OCDO 30 Adjust Survey Monument Frame and 2 EA $ $ Cover to Finished Grade* `R $d 1960 31 Furnish and Install Traffic Loop Type 37 EA $ $ D* 3 7o t 3 F�to 32 Furnish and Install Traffic Loop Type 64 EA $ $ E* 400 Zs,Lao 33 Signing and Striping 1 LS $ $ Sc� �ooa 6800a City Council 18-18 12/20/2022 P-2 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6951 SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE Item Description Qty Unit Unit Price Amount 34 Filterra System and Installation 1 LS $ -74oco $ Z`(boo 35 Temporary Construction Sign 10 EA $ $ S4o 36 Construction Permit 1 LS $30,000 $30,000 37 Project Advertisement Sign 2 EA $ $ 950 lSob 38 SWPPP Risk Level #2 1 LS $ $ 3S-7CXX2 3S�000 City Council 18 — 19 12/20/2022 P-3 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6951 SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE TOTAL BASE BID (1-38) $ S, '95'b,-1ZO ` 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 "25%" 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. 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 100 working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $5,000 per calendar day. PALP. INI DBA Name of Firm EXCEL_ P /ING COMPANY Signature of BIDDER > Title % Curtis P. Brown III (If an individual, so s-fate. 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 David A. Drukker Vice President and Chief Financial Officer Marcia S. Miller Secretary Crissa A. Phfllipt Amt. Neretary City Council 18 — 20 12/20/2022 P-4 of P-23 9/14/22, 1:45 PM SAM.gov "General Decision Number: CA20220024 09/02/2022 EXHIBIT B Superseded General Decision Number: CA20210024 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). JIf the contract is entered Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at after January 30, 2022: least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2022. JIf the contract was awarded onl. for between January 1, 2015 andl 13anuary 29, 2022, and the contract is not renewed or �. lextended on or after January 130, 2022: 1 1 1 1 1 1 1 1 1 1 1 1 I_ Executive Order 13658 generally applies to the contract. The contractor must pay alll covered workers at least $11.25 per hour (or the applicable wage rate listed) on this wage determination,1 if it is higher) for all hours spent performing on that contract in 2022. I The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 01/14/2022 2 01/21/2022 3 02/04/2022 5 City Council02/25/2022 18 - 21 12/20/2022 6 03/04/2022 https://sam.gov/wage-determination/CA20220024/12 1122 9/14/22, 1:45 PM SAM.gov 7 04/01/2022 8 04/29/2022 9 08/05/2022 10 08/12/2022 11 08/19/2022 12 09/02/2022 ASBE0005-002 09/01/2021 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems).....$ 47.25 24.45 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) ...........................$ 32.09 19.66 ASBE0005-004 07/05/2021 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) .... $ 22.40 13.07 * BRCA0004-010 05/01/2020 Rates Fringes BRICKLAYER; MARBLE SETTER ........ $ 41.39 18.95 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2021 Rates Fringes MARBLE FINISHER ..................$ 35.90 14.11 TILE FINISHER ....................$ 30.47 12.52 TILE LAYER .......................$ 43.09 18.31 ---------------------------------------------------------------- BRCA0018-010 09/01/2021 Rates Fringes TERRAZZO FINISHER ................$ 35.43 14.10 TERRAZZO WORKER/SETTER...........$ 43.61 14.63 ---------------------------------------------------------------- CARP0213-001 07/01/2021 Ratac Fringtc CARPENTER City Council 18 — 22 12/20/2022 https://sam.gov/wage-determination/CA20220024/12 2/22 9/14/22, 1:45 PM SAM.gov (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 51.60 16.28 (2) Millwright ..............$ 52.10 16.48 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 51.73 16.28 (4) Pneumatic Nailer, Power Stapler ...............$ 51.85 16.28 (5) Sawfiler...............$ 51.69 16.28 (6) Scaffold Builder.......$ 42.80 16.28 (7) Table Power Saw Operator ....................$ 51.70 16.28 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. ---------------------------------------------------------------- CARP0213-004 07/01/2021 Rates Fringes Drywall DRYWALL INSTALLER/LATHER....$ 51.60 16.28 STOCKER/SCRAPPER............$ 22.16 8.62 ---------------------------------------------------------------- CARP0721-001 07/01/2021 Rates Fringes Modular Furniture Installer ...... $ 21.85 7.15 ---------------------------------------------------------------- ELEC0011-002 12/27/2021 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer ...................$ 43.87 3%+15.03 Technician ..................$ 33.30 3%+27.82 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background -foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of rarpwav cvctamc_ conduit cvctamc_ lino voltage wo0tya�pgffCfly management systems. Does not 18 - 23 12/20/2022 cover work pe formed at China Lake Naval Ordnance Test https://sam.gov/wage-determination/CA20220024/12 3/22 9/14/22, 1:45 PM SAM.gov Station. Fire alarm work shall be performed at the current inside wireman total cost package. ---------------------------------------------------------------- ELEC0441-001 12/27/2021 Rates Fringes CABLE SPLICER ....................$ 54.65 22.98 ELECTRICIAN ......................$ 52.25 22.91 ---------------------------------------------------------------- * ELEC0441-003 12/27/2021 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Communications System Installer ...................$ 41.68 15.90 Technician ..................$ 31.23 15.39 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission/Transference Systems Background -Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low -Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems -installation, wire pulling and testing. D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems CATV and CCTV E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems *Fire Alarm Systems 1. Fire Alarms -In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benPf;tc_ 2. Fire Ala riojt�peb1VMpjJSystems: installed by the Technici+8 — 24 12/20/2022 https://sam.gov/wage-determination/CA20220024/12 4/22 9/14/22, 1:45 PM SAM.gov ---------------------------------------------------------------- ELEC0441-004 12/27/2021 Rates Fringes ELECTRICIAN (TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS & STREET LIGHTING) Cable Splicer/Fiber Optic Splicer .....................$ 52.85 22.93 Electrician .................$ 52.25 22.91 Technician ..................$ 39.19 22.52 SCOPE OF WORK: Electrical work on public streets, freeways, toll -ways, etc, above or below ground. All work necessary for the installation, renovation, repair or removal of Intelligent Transportation Systems, Video Surveilance Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges. Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll -ways, etc. Intelligent Transportation Systems shall include all systems and components to control, monitor, and communicate with pedestrian or vehicular traffic, included but not limited to: installation, modification, removal of all Fiber optic Video System, Fiber Optic Data Systems, Direct interconnect and Communications Systems, Microwave Data and Video Systems, Infrared and Sonic Detection Systems, Solar Power Systems, Highway Advisory Radio Systems, highway Weight and Motion Systems, etc. Any and all work required to install and maintain any specialized or newly developed systems. All cutting, fitting and bandaging of ducts, raceways, and conduits. The cleaning, rodding and installation of ""fish and pull wires"". The excavation, setting, leveling and grouting of precast manholes, vaults, and pull boxes including ground rods or grounding systems, rock necessary for leveling and drainagae as well as pouring of a concrete envelope if needed. JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks necessary toinstall the complete transportation system. JOURNEYMAN TECHNICIAN duties shall consist of: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and comnmunication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, dector loop, fiber optic cable and video/data. ---------------------------------------------------------------- ELEC1245-001 06/01/2022 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 64.40 22.58 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment) .............$ 50.00 21.30 (3) Groundman...............$ 38.23 20.89 (4) Powderman...............$ 51.87 18.79 HOLIDAYS: Naw Yaar'c nav_ M_I_ King na4, MPmnrJ;;1 nav_ Independenejt�aE)OLApn Day, Veterans Day, Thanksgiving D1)8 _ 25 12/20/2022 and day after Thanksgiving, Christmas Day https://sam.gov/wage-determination/CA20220024/12 5/22 9/14/22, 1:45 PM SAM.gov ---------------------------------------------------------------- ELEV0018-001 01/01/2022 Rates Fringes ELEVATOR MECHANIC ................$ 61.34 36.885+a+b FOOTNOTE: a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGIO012-003 07/01/2020 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1....................$ 48.25 27.20 GROUP 2....................$ 49.03 27.20 GROUP 3....................$ 49.32 27.20 GROUP 4....................$ 50.81 27.20 GROUP 5....................$ 48.96 25.25 GROUP 6....................$ 51.03 27.20 GROUP 8....................$ 51.14 27.20 GROUP 9....................$ 49.29 25.25 GROUP 10....................$ 51.26 27.20 GROUP 11....................$ 49.41 25.25 GROUP 12....................$ 51.43 27.20 GROUP 13....................$ 51.53 27.20 GROUP 14....................$ 51.56 27.20 GROUP 15....................$ 51.64 27.20 GROUP 16....................$ 51.76 27.20 GROUP 17....................$ 51.93 27.20 GROUP 18....................$ 52.03 27.20 GROUP 19....................$ 52.14 27.20 GROUP 20....................$ 52.26 27.20 GROUP 21....................$ 52.43 27.20 GROUP 22....................$ 52.53 27.20 GROUP 23....................$ 52.64 27.20 GROUP 24....................$ 52.76 27.20 GROUP 25...... ............ ..$ 52.93 27.20 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1....................$ 49.60 27.20 GROUP 2....................$ 50.38 27.20 GROUP 3....................$ 50.67 27.20 GROUP 4....................$ 50.81 27.20 GROUP 5....................$ 51.03 27.20 GROUP 6....................$ 51.14 27.20 GROUP 7....................$ 51.26 27.20 GROUP 8....................$ 51.43 27.20 GROUP 9....................$ 51.60 27.20 GROUP 10....................$ 52.60 27.20 GROUP 11....................$ 53.60 27.20 GROUP 12....................$ 54.60 27.20 GROUP 13....................$ 55.60 27.20 OPERATOR: Power Equipment (Tunnel Work) GROUP 1....................$ 50.10 27.20 GROUP 2....................$ 50.88 27.20 GROUP 3....................$ 51.17 27.20 GROUP 4....................$ 51.31 27.20 GROUP S S1-S- 77-?R GROUP E)jty.Ci0L1ilCFj........$ 51.64 27.20 18 - 26 12/20/2022 GROUP 7....................$ 51.76 27.20 https://sam.gov/wage-determination/CA20220024/12 6/22 9/14/22, 1:45 PM SAM.gov PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator -inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt -rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer,- nr ,Jmilar tvna- Ka1am;7nn t,witrh tampiar� nr similar tyatyME bUffClool operator; Maginnis internal fu118 _ 27 12/20/2022 slab vibrator, Mechanical berm, curb or gutter(concrete or https://sam.gov/wage-determination/CA20220024/12 7122 9/14/22, 1:45 PM SAM.gov asphalt); Mechanical finisher operator (concrete, Clary -Johnson -Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator -bulldozer, tamper -scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt -rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in -place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth -moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self -loading paddle wheel type -John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar -bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types -Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types -drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Furjjd and cjmilar t4/pe-axrant snarl 9 cat.); Rub0jTyta(96rj Hth-moving equipment operator (singl(8 _ 28 12/20/2022 engine, over 0 yds. struck); Pneumatic pipe ramming tool https://sam.gov/wage-determination/CA20220024/12 8/22 9/14/22, 1:45 PM SAM.gov and similar types; Prestressed wrapping machine operator; Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi -engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 13: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth -moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar tvnes in anv combination_ excLiiina romnartinn units - muCCtyle(gWiefl, up to and including 25 yds. strujo _ 29 12/20/2022 https://sam.gov/wage-determination/CA20220024/12 9/22 9/14/22, 1:45 PM SAM.gov GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Caly (�)aCM@h (up to and including 25 ton 18 - 30 12/20/2022 capacity); Crawler transporter operator; Derrick barge https://sam.gov/wage-determination/CA20220024/12 10122 9/14/22, 1:45 PM SAM.gov operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power -driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power -driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber -tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: TunnP1 mnla hnring marhina nnaratnr City Council 18 — 31 12/20/2022 ENGINEERS ZONES https://sam.gov/wage-determination/CA20220024/12 11122 9/14/22, 1:45 PM SAM.gov $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM_ [T1?N SRM is a think ,trip hatwaan T11N SRM and T32S MDMCIt9oG6MCHorth along the East side of R21E, 19 _ 32 1 2/20/2022 to the Kings County and Kern County border at the NE corner of https://sam.gov/wage-determination/CA20220024/12 12122 9/14/22, 1:45 PM SAM.gov T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ---------------------------------------------------------------- ENGI0012-004 08/01/2020 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman................$ 56.40 30.00 (2) Dredge dozer............$ 50.43 30.00 (3) Deckmate................$ 50.32 30.00 (4) Winch operator (stern winch on dredge)............$ 49.77 30.00 (5) Fireman -Oiler, Deckhand, Bargeman, Leveehand...................$ 49.23 30.00 (6) Barge Mate ..............$ 49.84 30.00 IRON0433-006 07/01/2020 Rates Fringes IRONWORKER Fence Erector ...............$ 34.58 24.81 Ornamental, Reinforcing and Structural ..............$ 41.00 33.45 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland Edwards AFB,0tyt0bMCflilitary Station, Fort Irwin TrainilC - 33 12/20/2022 Center -Goldstone, San Clemente Island, San Nicholas Island, https://sam.gov/wage-determination/CA20220024/12 13/22 9/14/22, 1:45 PM SAM.gov Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- * LAB00300-005 08/01/2022 Rates Fringes Asbestos Removal Laborer ......... $ 39.23 23.28 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos -containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. ---------------------------------------------------------------- LAB00345-001 07/01/2022 Rates Fringes LABORER (GUNITE) GROUP 1.....................$ 48.50 21.37 GROUP 2.....................$ 47.55 21.37 GROUP 3.....................$ 44.01 21.37 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ---------------------------------------------------------------- * LAB00652-001 07/01/2022 Rates Fringes LABORER (TUNNEL) GROUP 1.....................$ 45.68 23.30 GROUP 2 aF -AA ?_-gA GROUP 30. ity.COt1;1Cil. • • • • • • •$ 46.46 23.30 18 - 34 12/20/2022 GROUP 4.....................$ 47.15 23.30 https://sam.gov/wage-determination/CA20220024/12 14/22 9/14/22, 1:45 PM SAM.gov LABORER GROUP 1.....................$ 36.39 21.04 GROUP 2.....................$ 36.94 21.04 GROUP 3.....................$ 37.49 21.04 GROUP 4.....................$ 39.04 21.04 GROUP 5.....................$ 39.39 21.04 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials (""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, flnorc nr railing-,). arindar nr can(lar- Concrete s@JtgeC)OWpHtting walls or flat work, scoring 18 - 35 12/20/2022 old or new corete; Cribber, shorer, lagging, sheeting and https://sam.gov/wage-determination/CA20220024/12 15/22 9/14/22, 1:45 PM SAM.gov trench bracing, hand -guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Changehouse person; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; 7ackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LAB00652-003 07/01/2022 Rates Fringes Brick Tender .....................$ 37.32 23.18 ---------------------------------------------------------------- LAB01184-001 07/01/2022 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 40.69 (2) Vehicle Operator/Hauler.$ 40.86 (3) Horizontal Directional Drill Operator ..............$ 42.71 (4) Electronic Tracking Locator .....................$ 44.71 Laborers: (STRIPING/SLURRY SEAL) GROUP ICity. Gou-ICil.. • • • • • •$ 41.90 GROUP 2.....................$ 43.20 18.25 18.25 18.25 18.25 21.32 18 - 36 21.32 12/20/2022 https://sam.gov/wage-determination/CA20220024/12 16/22 9/14/22, 1:45 PM GROUP 3.....................$ 45.21 21.32 GROUP 4.....................$ 46.95 21.32 SAM.gov LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ---------------------------------------------------------------- LAB01414-001 08/03/2022 Rates Fringes LABORER PLASTER CLEAN-UP LABORER....$ 38.92 23.32 PLASTER TENDER ..............$ 41.47 23.32 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-001 07/01/2020 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) ...............$ 29.59 17.12 (2) All Other Work..........$ 33.12 17.24 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. ---------------------------------------------------------------- PAIN0036-008 10/01/2021 Rates Fringes DRYWALL FINTSHFR/TAPFR& aq_Fq 77.9? ------------ eity-Bound---------------------------------- 1$� 37 12/20/2022 PAIN0036-015 0/01/2020 https://sam.gov/wage-determination/CA20220024/12 17122 9/14/22, 1:45 PM Rates Fringes SAM.gov GLAZIER ..........................$ 43.45 23.39 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ---------------------------------------------------------------- PAIN1247-002 01/01/2021 Rates Fringes SOFT FLOOR LAYER .................$ 38.75 14.03 ---------------------------------------------------------------- PLAS0200-009 08/03/2022 Rates Fringes PLASTERER ........................$ 47.37 19.64 ---------------------------------------------------------------- PLAS0500-002 07/01/2020 Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 38.50 25.91 ---------------------------------------------------------------- * PLUM0016-001 09/01/2022 Rates Fringes PLUMBER/PIPEFITTER Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space .................$ 53.51 25.28 Work ONLY on strip malls, light commercial, tenant improvement and remodel work ........................$ 40.95 23.61 All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work ........................$ 55.18 26.26 * PLUM0345-001 09/01/2022 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 38.20 25.65 Sewer & Storm Drain Work .... $ 42.29 23.03 ---------------------------------------------------------------- ROOF0036-002 08/01/2022 Rates Fringes ROOFER ...........................$ 43.47 19.52 FOOTNOTE: 01y"€1iefl: Work on which employees are expol"_ 38 12/20/2022 to pitch fumes or required to handle pitch, pitch base or https://sam.gov/wage-determination/CA20220024/12 18/22 9/14/22, 1:45 PM SAM.gov pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay. ---------------------------------------------------------------- SFCA0669-008 04/01/2022 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER .................$ 43.25 26.77 ---------------------------------------------------------------- SFCA0709-003 01/01/2021 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire) .......... $ 48.71 29.15 ---------------------------------------------------------------- SHEE0105-003 01/01/2022 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work ........................$ 50.23 29.60 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A-C, heating, ventilating systems for human comfort...$ 48.28 29.46 ---------------------------------------------------------------- TEAM0011-002 07/01/2020 Rates Fringes TRUCK DRIVER GROUP 1....................$ 32.59 30.59 GROUP 2....................$ 32.74 30.59 GROUP 3....................$ 32.87 30.59 GROUP 4....................$ 33.06 30.59 GROUP 5....................$ 33.09 30.59 GROUP 6....................$ 33.12 30.59 GROUP 7....................$ 33.37 30.59 GROUP 8....................$ 33.62 30.59 GROUP 9....................$ 33.82 30.59 GROUP 10....................$ 34.12 30.59 GROUP 11....................$ 34.62 30.59 GROUP 12....................$ 35.05 30.59 WORK ON ALL MILITARY BASES: PREMIUM PAY' nar hmir arlrlitinnal - [29 palms jT*nC(5ffrjjZjjCamp Roberts, China Lake, Edwards IFR- 39 12/20/2022 E1 Centro Naval Facility, Fort Irwin, Marine Corps https://sam.gov/wage-determination/CA20220024/12 19/22 9/14/22, 1:45 PM SAM.gov Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (ED) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the ED, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related need-, inrlijdin g pravantiva rara- nr fnr raacnnc resulting frelt COPirvoHist a family member (or person who1� — 40 12/2 0/2 022 like family to he employee) who is a victim of, domestic https://sam.gov/wage-determination/CA20220024/12 20/22 9/14/22, 1:45 PM SAM.gov violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or "'UAVG'" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. 11AVG indiratac that tha rates is a waightpd iminn average rateCjW C-dt"6fls the state. The next number, 00101-181— 41 12/20/2022 the example, is an internal number used in producing the wage https://sam.gov/wage-determination/CA20220024/12 21 /22 9/14/22, 1:45 PM determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. SAM.gov A UAVG rate will be updated once a year, usually in ]anuary of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIO" City Council 18 — 42 12/20/2022 https://sam.gov/wage-determination/CA20220024/12 22/22 EXHIBIT C REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Non -segregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States -Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation -for -bids or request -for -proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work FHWA-1273 -- Revised July 5, 2022 performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. City Council 18 — 43 12/20/2022 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement: "it is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: 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, pre -apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as e minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action City Council 18 — 44 12/20/2022 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT's FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non - responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: City Council 18 — 45 12/20/2022 (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal -aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal -aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and City Council 18 — 46 12/20/2022 (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding (29 CFR 5.5) The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records (29 CFR 5.5) a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or City Council 18 — 47 12/20/2022 subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) o this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees (29 CFR 5.5) a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the City Council 18 — 48 12/20/2022 corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility (29 CFR 5.5) a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code. 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR 5.5. * $27 as of January 23, 2019 (See 84 FIR 213-01, 218) as may be adjusted annually by the Department of Labor; pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990). City Council 18 — 49 12/20/2022 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5. The 30-percent self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance City Council 18 — 50 12/20/2022 with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal -aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.326. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant City Council 18 — 51 12/20/2022 who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 — 180.1020, and 1200. You may contact the person to which this proposal is City Council 18 — 52 12/20/2022 it submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant' refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.aov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (b) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier City Council 18 — 53 12/20/2022 subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES -FLAG VESSELS: This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal -aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded -contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal -aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on -board' commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. City Council 18 — 54 12/20/2022 IV: ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. City Council 18 — 55 12/20/2022 13 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE EXHIBIT D FEDERAL -AID CONTRACT PROVISIONS 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) The CONTRACTOR, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49CFR26). To ensure equal participation of DBEs provided in 49CFR26.5, the CITY shows a Contract goal for DBEs. The CONTRACTOR shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. The CONTRACTOR shall meet the DBE goal shown in the Instruction to Bidders or demonstrate that you made adequate good faith efforts to meet this goal. It is the CONTRACTOR's responsibility to verify that at date of bid opening the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document the verification record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at: https://dot.ca.gov/programs/civil-rights/dbe-search. All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies the CONTRACTOR purchases from DBEs counts towards the goal in the following manner: 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." The CONTRACTOR receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49CFR26.55(d)(1) as follows: • The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals. • The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract. • The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. City Council 18 — 56 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE • The DBE may lease trucks without drivers from a non -DBE truck leasing company. If the DBE leases trucks from a non -DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. • A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. Nondiscrimination Statement The CONTRACTOR, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, the CONTRACTOR, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. Contract Assurance Under 49 CFR 26.13(b): The CONTRACTOR, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: • Withholding monthly progress payments; • Assessing sanctions; • Liquidated damages; and/or • Disqualifying the CONTRACTOR from future bidding as non -responsible. Prompt Progress Payment The CONTRACTOR or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the CONTRACTOR or subcontractor to a subcontractor, the CONTRACTOR or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee City Council 18 — 57 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing parry shall be entitled to his or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non -DBE subcontractors. Prompt Payment of Withheld Funds to Subcontractors The CITY shall hold retainage from the CONTRACTOR and shall make prompt and regular incremental acceptances of portions, as determined by the CITY of the Contract work and pay retainage to the prime CONTRACTOR based on these acceptances. The CONTRACTOR or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the Contract work by the CITY. Any delay or postponement of payment may take place only for good cause and with the CITY's prior written approval. Any violation of these provisions shall subject the violating CONTRACTOR or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the CONTRACTOR or subcontractor in the event of a dispute involving late payment or nonpayment by the CONTRACTOR; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors. Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating CONTRACTOR or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the CONTRACTOR or subcontractor in the event of a dispute involving late payment or nonpayment by CONTRACTOR, deficient subcontract performance, or noncompliance by a subcontractor. Termination and Substitution of DBE Subcontractors The CONTRACTOR shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the CONTRACTOR obtains the CITY's written consent. The CONTRACTOR shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the CITY. Unless the CITY's prior written consent is provided, the CONTRACTOR shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid. The CITY authorizes a request to use other forces or sources of materials if the bidder shows any of the following justifications: 1.Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2.The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond requirements. City Council 18 — 58 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE 3.Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law. 4.Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). 5.Listed DBE's work is unsatisfactory and not in compliance with the Contract. 6.Listed DBE is ineligible to work on the Project because of suspension or debarment. 7.Listed DBE becomes bankrupt or insolvent. 8.Listed DBE voluntarily withdraws with written notice from the Contract 9.Listed DBE is ineligible to receive credit for the type of work required. 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. The CITY determines other documented good cause. The CONTRACTOR shall notify the original DBE of your intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the CONTRACTOR and the CITY of the reasons why the use of other forces or sources of materials should not occur. 1. One or more of the reasons listed in the preceding paragraph. 2.Notices from the CONTRACTOR to the DBE regarding the request. 3.Notices from the DBEs to the CONTRACTOR regarding the request. If the CITY authorizes the termination or substitution of a listed DBE, the CONTRACTOR must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must (1) perform at least the same amount of work as the original DBE under the Contract to the extent needed to meet or exceed the DBE goal, and (2) be certified as a DBE with the most specific available NAICS codes and work codes applicable to the type of work the DBE will perform on the Contract at the time of the CONTRACTOR's request for substitution. The CONTRACTOR shall submit their documentation of good faith efforts within 7 days of their request for authorization of the substitution. The CITY may authorize a 7-day extension of this submittal period at the CONTRACTOR's request. More guidance can be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal. Commitment and Utilization Note: In the CITY's reports of DBE participation to Caltrans, the CITY must display both commitments and attainments. The CITY's DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization. The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book. This exhibit is the bidder's DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid. The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the Contract Documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's City Council 18 — 59 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement. If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the CITY within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the CITY will find the bidder's bid nonresponsive. The CONTRACTOR shall use each DBE subcontractor as listed on Exhibit 12-B Bidder's List of Subcontractors (DBE and Non -DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless they receive authorization for a substitution. The CITY shall request the CONTRACTOR to: 1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: • Name and business address of each 1 st-tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier • Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment) If the CONTRACTOR is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work. Before the 15th of each month, the CONTRACTOR shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z 1) form. If a DBE is decertified before completing its work, the DBE must notify the CONTRACTOR in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The CONTRACTOR shall submit the notifications. Upon work completion, the CONTRACTOR shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-0, form and submit the form within 30 days of contract acceptance. DBE Running Tally of Attainments After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the loth of the following month, the CONTRACTOR shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to business. support.unit@dot.ca.gov with a copy to the CITY. 2. BID OPENING The CITY publicly opens and reads bids at the time and place shown in the Notice Inviting Bids. 3. BID RIGGING City Council 18 — 60 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE See the Special Instructions to Bidders for Federally Funded Projects in the Instruction to Bidders. 4. CONTRACT AWARD If the CITY awards the Construction Contract, the award is made to the lowest responsible and responsive bidder. 5. CONTRACTOR LICENSE The CONTRACTOR must be properly licensed from Construction Contract award through Construction Contract acceptance (Public Contract Code § 10164). 6. CHANGED CONDITIONS Differing Site Conditions Section 2-9 of the Standard Specifications includes provisions for differing site conditions. Suspensions of Work Ordered by the Engineer If the performance of all or any portion of the Work is suspended or delayed by the CITY in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension or delay, the CONTRACTOR shall submit to the CITY in writing a request for adjustment within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the CITY will evaluate the CONTRACTOR's request. If the CITY agrees that the cost and/or time required for the performance of the Contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers, or subcontractors at any approved tier, and not caused by weather, the CITY will make an adjustment (excluding profit) and modify the Contract in writing accordingly. The CONTRACTOR will be notified of the CITY's determination whether or not an adjustment of the Contract is warranted. No Contract adjustment will be allowed unless the CONTRACTOR has submitted the request for adjustment within the time prescribed. Significant Changes in the Character of Work The CITY reserves the right to make, in writing, at any time during the Work, such changes in quantities and such alterations in the Work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the CONTRACTOR agrees to perform the Work as altered. If the alterations or changes in quantities significantly change the character of the Work under the Contract, whether such alterations or changes are in themselves significant changes to the character of the Work or by affecting other work cause such other work to become significantly different in character, an City Council 18 — 61 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE adjustment, excluding anticipated profit, will be made to the Contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the CONTRACTOR in such amount as the CITY may determine to be fair and equitable. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract. The term "significant change" shall be construed to apply only to the following circumstances: When the character of the Work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or When a major item of Work, as defined elsewhere in the Contract, is increased in excess of 125 percent or decreased below 75 percent of the original Contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original Contract item quantity, or in case of a decrease below 75 percent, to the actual amount of Work performed. 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Bid Proposal includes provisions for the beginning of Work, time of completion, and liquidated damages. 8. BUY AMERICA Furnish steel and iron materials to be incorporated into the Work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except: • Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)]; • If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used. Production includes: Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition; • Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials. 9. QUALITY ASSURANCE City Council 18 — 62 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE The CITY uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. You may examine the records and reports of tests the CITY performs if they are available at the job site. Schedule Work to allow time for QAP in accordance with the Contract Documents. 10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS The CITY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from the CONTRACTOR. If the CITY fails to pay promptly, the CITY shall pay interest to the CONTRACTOR, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the CITY shall act in accordance with both of the following: • Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the purpose of determining that it is a proper payment request. • Any payment request determined not to be a proper payment request suitable for payment shall be returned to the CONTRACTOR as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. 11. FORM FWHA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONTRACTS See Exhibit `B" of the Construction Contract. 12. FEMALE AND MINORITY GOALS To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal -Aid Construction Contracts," the following are for female and minority utilization goals for Federal -aid construction contracts and subcontracts that exceed $10,000: • The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows: MINORITY UTILIZATION GOALS Economic Area (Percent) Redding CA: 174 Non-SMSA (Standard Metropolitan Statistical Area) Counties: 6.8 CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama Eureka, CA 175 Non-SMSA Counties: 6.6 CA Del Norte; CA Humboldt; CA Trinity San Francisco -Oakland -San Jose, CA: City Council 18 — 63 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE SMSA Counties: 7120 Salinas -Seaside -Monterey, CA 28.9 CA Monterey 7360 San Francisco -Oakland 25.6 CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA CA Santa Clara, CA 19.6 176 7485 Santa Cruz, CA CA Santa Cruz 14.9 7500 Santa Rosa CA Sonoma 9.1 8720 Vallejo -Fairfield -Napa, CA CA Napa; CA Solano 17.1 Non-SMSA Counties: CA Lake; CA Mendocino; CA San Benito 23.2 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA 16.1 177 CA Placer; CA Sacramento; CA Yolo Non-SMSA 14.3 Counties CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba SMSA Counties: 5170 Modesto, CA 12.3 178 CA Stanislaus 8120 Stockton, CA 24.3 CA San Joaquin Non-SMSA Counties 19.8 CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne SMSA Counties: 179 0680 Bakersfield, CA 19.1 CA Kern 2840 Fresno, CA 26.1 CA Fresno Non-SMSA Counties: 23.6 CA Kings; CA Madera; CA Tulare Los Angeles, CA: SMSA Counties: 0360 Anaheim -Santa Ana -Garden Grove, CA 11.9 CA Orange 4480 Los Angeles -Long Beach, CA 28.3 CA Los Angeles City Council 18 — 64 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE 6000 Oxnard -Simi Valley -Ventura, CA 21.5 180 CA Ventura 6780 Riverside -San Bernardino -Ontario, CA 19.0 CA Riverside; CA San Bernardino 7480 Santa Barbara -Santa Maria -Lompoc, CA 19.7 CA Santa Barbara Non-SMSA Counties 24.6 CA Inyo; CA Mono; CA San Luis Obispo San Diego, CA: SMSA Counties l 81 7320 San Diego, CA 16.9 CA San Diego Non-SMSA Counties 18.2 CA Imperial For the last full week July during which work is performed under the contract, you and each non material - supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. 13. TITLE VI ASSURANCES Appendix A During the performance of this Contract, the CONTRACTOR, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows: Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. Nondiscrimination: CONTRACTOR, with regard to the Work performed by it during the Contract, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. City Council 18 — 65 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. • Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination provisions of this Contract, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: o withholding of payments to CONTRACTOR under the Contract within a reasonable period of time, not to exceed 90 days; and/or o cancellation, termination or suspension of the Contract, in whole or in part. • Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (A) through (F) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub -agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. Appendix E During the performance of this Contract, the CONTRACTOR, for itself, its assignees, and successors in interest (hereinafter referred to as the "CONTRACTOR") agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; City Council 18 — 66 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 14. USE OF UNITED STATES FLAG VESSELS (CARGO PREFERENCE ACT) The CONTRACTOR agrees: • To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. City Council 18 — 67 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE • To furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. • To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this Contract. 15. FEDERAL TRAINEE PROGRAM For the Federal training program, the number of trainees or apprentices is This section applies if a number of trainees or apprentices is specified in Special Conditions. As part of the CONTRACTOR's equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. The CONTRACTOR primary responsibility for meeting this training requirement. If the CONTRACTOR subcontracts a Contract part, determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of the CONTRACTOR's needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting Work, the CONTRACTOR shall submit to the CITY: • Number of apprentices or trainees to be trained for each classification • Training program to be used • Training starting date for each classification The CONTRACTOR shall obtain the CITY's approval for this submitted information before the CONTRACTOR starts Work. The CITY credits the CONTRACTOR for each apprentice or trainee the CONTRACTOR employs on the Work who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeyman status. The CONTRACTOR shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield City Council 18 — 68 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the CONTRACTOR shall not discriminate against any applicant for training. The CONTRACTOR shall not employ as an apprentice or trainee an employee: • In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman • Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training The CONTRACTOR shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The CONTRACTOR's records must show the employee's answers to the questions. In the training program, the CONTRACTOR shall establish the minimum length and training type for each classification. The CITY and FHWA approves a program if one of the following is met: • It is calculated to: o Meet the your equal employment opportunity responsibilities o Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal -aid highway construction contracts The CONTRACTOR shall obtain the State's approval for your training program before they start Work involving the classification covered by the program. The CONTRACTOR shall provide training in the construction crafts, not in clerk -typist or secretarial - type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off -site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The CITY reimburses you 80 cents per hour of training given an employee on this Contract under an approved training program: • For on -site training • For off -site training if the apprentice or trainee is currently employed on a Federal -aid project and you do at least one of the following: City Council 18 — 69 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE o Contribute to the cost of the training o Provide the instruction to the apprentice or trainee o Pay the apprentice's or trainee's wages during the off -site training period • If the CONTRACTOR complies with this section. Each apprentice or trainee must: • Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill • Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program The CONTRACTOR shall furnish the apprentice or trainee with a copy of the program that the CONTRACTOR will comply with in providing the training. 16. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES In response to significant national security concerns, the CITY shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to: • Procure or obtain; • Extend or renew a contract to procure or obtain; or • Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The prohibited vendors (and their subsidiaries or affiliates) are: • Huawei Technologies Company; • ZTE Corporation; • Hytera Communications Corporation; • Hangzhou Hikvision Digital Technology Company; • Dahua Technology Company; and • Subsidiaries or affiliates of the above -mentioned companies. City Council 18 — 70 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. City Council 18 — 71 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE EXHIBIT E FEDERAL CONTRACT PROVISIONS During the performance of this Construction Contract, CONTRACTOR shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit «A„ 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) — Equal Employment Opportunity: During the performance of this Construction Contract, CONTRACTOR agrees as follows: Q The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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. ii The CONTRACTOR will, 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, sexual orientation, gender identity, or national origin. iii The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. iv The CONTRACTOR will 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 City Council 18 — 72 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The CONTRACTOR will 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. vi The CONTRACTOR will 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 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. vii In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this Construction Contract or with any of the said rules, regulations, or orders, this Construction 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 Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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 subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a 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 the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the CITY so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract. The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. City Council 18 — 73 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Construction Contract since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to this Construction Contract since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act: Q Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. ii Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. iii Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the CONTRACTOR, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. City Council 18 — 74 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE iv Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: Not applicable to this Construction Contract. (g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: Pursuant to the Clean Air Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. ii Pursuant to the Federal Water Pollution Control Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) — Debarment and Suspension: This Construction Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv CONTRACTOR warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all subcontractors performing work under this Construction Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Constniction Contract_ City Council 18 — 75 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE (i) Appendix II to Part 200 (I) — Byrd Anti -Lobbying Act: CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachment "1" and incorporated herein by this reference. 0) Appendix II to Part 200 (J) — §200.323 Procurement of Recovered Materials: CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. ii In the performance of this Construction Contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. iii Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www. epa.gov/smm/comprehensive-procurement-guideline-cpg-program. iv The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: Q CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Construction Contract. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). W For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and City Council 18 — 76 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Q Telecommunications or video surveillance services provided by such entities or using such equipment. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. ii See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 (L) — §200.322 Domestic Preferences for Procurement: Q CONTRACTOR shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. ii For purposes of this section: (11,) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Q "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. CONTRACTOR agrees to provide the CITY, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5) years after completion of the project. (b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: City Council 18 — 77 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. ii Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iii OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. iv Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v,) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vi New Restrictions on Lobbying, 31 C.F.R. Part 21. vii Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: Q Title VI of the Civil Rights Act of 1964 (42 U. S.C. § § 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. ii The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. iii Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. iv The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. Lv) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. City Council 18 — 78 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE (d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. Q In accordance with 41 U.S.C. § 4712, CONTRACTOR may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. ii The list of persons and entities referenced in the paragraph above includes the following: management; enforcement agency; (11,) A member of Congress or a representative of a committee of Congress; Q An Inspector General; (33,) The Government Accountability Office; A Treasury employee responsible for contract or grant oversight or An authorized official of the Department of Justice or other law (66,) A court or grand jury; or (77,) A management official or other employee of CONTRACTOR, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), CONTRACTOR should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: City Council 18 — 79 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE 0 CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. ii CONTRACTOR acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, CONTRACTOR shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. iii CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. iv CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACTOR's successors, transferees and assignees for the period in which such assistance is provided. Lv,) CONTRACTOR agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR's subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract (or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract (or agreement). vi CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial City Council 18 — 80 12/20/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 19-6951 (ATPSBIL-5063(193)) SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property. vii CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. CONTRACTOR shall comply with information requests, on -site compliance reviews, and reporting requirements. viii CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI. ix CONTRACTOR must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the CONTRACTOR and the administrative agency that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination, CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency finding of discrimination, please so state. W If CONTRACTOR makes sub -awards to other agencies or other entities, CONTRACTOR is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance. City Council 18 — 81 12/20/2022 EXHIBIT 5 EXHIBIT 5 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 19-6951 - ATPSB1 L-5063(193): SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE Construction Contract $ 5,558,420.00 Contract Administration, Inspection and Testing $ 833,000.00 Contingencies $ 556,605.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 6,948,025.00 EXHIBIT 5 City Council 18 — 82 12/20/2022 Public Works Agency www.santa-ana.org/pw Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Campesino Park, Memorial Park, and Madison Park Restroom Projects AGENDA TITLE Increase the Contract Amount by $90,000 for an Existing Construction Contract with Build Spectrum, Inc., and $10,000 for Additional Construction Engineering for a Revised Estimated Project Delivery Cost of $1,740,000 for the Campesino Park, Memorial Park, and Madison Park Restrooms ( Project Nos. 21-7533, 21-7534, 21- 7535) (Non -General Fund and Revive Santa Ana Program) RECOMMENDED ACTION 1. Approve an amendment to the Project Cost Analysis to reflect the new amount of $10,000 for contract administration, inspection and testing, and a $90,000 project contingency for vandalized work repairs or unforeseen work, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program in the amount of $100,000, which includes $10,000 in construction engineering funds and $90,000 for construction contingency funds for the Campesino Park, Memorial Park, and Madison Park Restroom Project. DISCUSSION On September 21, 2021, the City Manager authorized the award of a contract to Build Spectrum, Inc. for The Campesino Park, Memorial Park, and Madison Park Restroom Projects. The City has identified three restrooms that are a target for vandalism and require major efforts to maintain due to their old age and existing conditions. The scope includes demolishing the existing restroom buildings, installing new pre -fabricated restroom buildings, and some site improvements to provide an accessible path of travel to these facilities (Exhibit 1). During construction, vandalism has been a big problem at all three -park sites. At Madison Park the vandalism has taken a toll on the project's scope, electrical panels and electrical work was damaged to the point where power could not be restored at the park site. In order to continue construction, the project site was fenced and the contractor was directed to hire a private security guard company to monitor the construction park footprint, in order to prevent any more damage to the electrical improvements that are being worked on. With the additional security measures, there is City Council 19 — 1 12/20/2022 Amend Construction Contract with iBuild Spectrum, Inc. December 20, 2022 Page 2 opportunity to finish the damaged electrical system to the park, and opportunities to add additional landscape improvements. To deliver these additional improvements, capitalize on the existing favorable pricing of the existing contract with iBuild Spectrum, Inc. (Project Nos. 21-7533, 21-7534, 21- 7535), staff recommends amending the Fiscal Year 2022-23 Capital Improvement Program by $100,000 — increasing the construction administration and inspection amount by $10,000 and project contingencies by $90,000 — for a new estimated project delivery cost of $1,740,000 (Exhibits 2-3). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-093 was filed for the project FISCAL IMPACT Funding for the requested amendment to the construction contract of $90,000 and additional contract administration, inspection and testing of $10,000 is available from the unspent prior year CDBG funds included in the Citywide carryover of unspent amounts form Fiscal Year 2021-22 to Fiscal Year 2022-23, approved by Council on September 20, 2022. Funds are budgeted and available for expenditure as follows: Fiscal Accounting Unit Fund Accounting Unit - Y Year - Account No. Description Account No. Amount (Project No.) Description ORIGINAL CONSTRUCTION DELIVERY COST 13518783-66200 Community CDBG Programs, 2022-23 (21-7533) Development Building $223,214 Block Grant Improvements 13518783-66200 Community CDBG Programs, 2022-23 (21-7534) Development Building $510,786 Block Grant Improvements 13518783-66200 Community CDBG Programs, 2022-23 (21-7535) Development Building $24,928 Block Grant Improvements 2022-23 18117013-66200 American ARPA-PRCSA, Building $303,572 (21-7533) Rescue Plan Act Improvements 2022-23 18117013-66200 American ARPA-PRCSA, Building $577,500 (21-7535) Rescue Plan Act Improvements City Council 19 — 2 12/20/2022 Amend Construction Contract with iBuild Spectrum, Inc. December 20, 2022 Page 3 Fiscal Accounting Unit Fund Accounting Unit - Y Year - Account No. Description Account No. Amount (Project No.) Description Total $1,640,000 Prior Year Unspent Funds Carried Forward 13518783-66200 Community CDBG Programs, 2022-23 (21-7535, 21- Development Building $100,000 7533, 21-7534) Block Grant Improvements Total $1,740,000 All funds are scheduled for expenditure in Fiscal Year 2022-23. However, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2023- 24 for expenditure. EXHIBIT(S) 1. Location Map 2. Revised Cost Analysis 3. Amendment to Fiscal Year 2022-23 CIP Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 19 — 3 12/20/2022 Exhibit 1 SANTAANA Project No. 21-7533: PWi Campesino Park Restroom u PUBLIC WORKS AGENCY Exhibit 1 SANTAANA Project No. 21-7534: PWi Memorial Park Restroom PUBLIC WORKS AGENCY Exhibit 1 SANTAANA Project No. 21-7535: PWi Madison Park PUBLIC WORKS AGENCY I Restroom EXHIBIT 2 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 21-7533, 21-7534, 21-7535: CAMPESINO PARK, MEMORIAL PARK, MADISON PARK RESTROOMS EXPENDITURE CATEGORY ORIGINAL AMOUNT ADDITIONAL FUNDING NEW TOTAL Construction Contract $ 1,408,575.00 $ 1,408,575.00 Contract Administration, Inspection and Testing $ 91,072.00 $ 10,000.00 $ 101,072.00 Contingencies $ 140,353.00 $ 90,000.00 $ 230,353.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,640,000.00 1 $ 100,000.00 $ 1,740,000.00 City Council 19 — 7 12/20/2022 PROJECT TITLE: Madison Pre -Fab Restroom PROJECT CATEGORY: City & Park Facility Improvements Park Facility LOCATION MAP A N AGENCY: Public Works CITY OF SANTA ANA FY 22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Project scope includes demolishing the existing restroom building, installing a new pre -fabricated restroom building and site improvements to provide an accessible path of travel to these facilities. F JECT NEED: stroom at Madison Park is one of three restrooms that has been ed as a target for vandalism and would require major efforts to in due to old age and existing conditions. PROJECT COSTS FY 22/23 FY 23/24 FY 24125 FY 25/26 FY 26/27 FY 27/28 FY 28129 Construction 100,000 - - - - - - TOTAL 100,000 - - - SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 CDBG Programs 100,000 - - - - - - TOTAL 100,000 - - - - - - DIVISION: CIP Engineering City Council 19 — 8 CONTACT: Gilbert Castillo, Senior Engineer DATE: 04-Nov-2022 12/20/2022 Public Works Agency www.santa-ana.org/pw Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Purchase of Three Hyundai Forklifts for Public Works Agency Central Stores AGENDA TITLE Award a Purchase Order to Select Equipment Sales in the Amount of $145,953 for Three Hyundai Hydraulic Forklifts for Public Works Agency Store & Property Control (Specification No. 22-158) (General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Select Equipment Sales for the purchase of three Hyundai Hydraulic Forklifts, in the amount of $135,953, plus a contingency of $10,000, for a total amount not to exceed $145,953, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Fleet Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles and maintenance equipment. The Public Works Agency Stores & Property Control (Central Stores) is responsible for procurement, shipping, receiving, and warehousing of equipment and supplies for internal City customers. Central Stores is in need of three new forklifts to replace aging equipment that have exceeded their useful life according to the Fleet Services Division's recommended Equipment Lifecycle Guidelines. Replacing the forklifts with more reliable and efficient models is essential to ensure that Central Stores can continue to meet the needs of its internal City customers. Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts for any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint Powers Alliance) awarded a contract to Select Equipment Sales, a Santa Ana vendor, (Contract No. 091520-HCE) for procurement of equipment as a result of open competitive bidding on behalf of its members, which includes government agencies. Utilizing the contract awarded to Select Equipment Sales for the purchase of the three forklifts is in accordance with the City's existing Purchasing Guidelines. City Council 20-1 12/20/2022 Purchase of Three Hyundai Forklifts December 20, 2022 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and made available in the following account for the specified year. Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description PWA-Service 2022-23 01117017-66400 General Fund Enhancement, $145,953 Machinery & Equipment Submitted By: Nabil Saba, Executive Dir Public Works Approved By: Kristine Ridge, City Manager City Council 20 — 2 12/20/2022 Public Works Agency www.santa-ana.org/pw Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Amend Agreement and Exercise First Renewal Option for Park Tree Maintenance Services AGENDA TITLE Amend the Agreement with West Coast Arborists, Inc., for Tree Maintenance Services, Increasing the Annual Amount by $280,000 for the Remaining Term of the Agreement and Exercise First Renewal Option (General and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with West Coast Arborists, Inc. (WCA), for tree maintenance services, increasing the annual amount by $280,000, for a total amount not to exceed $2,444,100 with six one-year renewal options exercisable by the City Manager, for a total agreement amount not to exceed $18,050,750, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency is responsible for the maintenance of approximately 50,000 parkway and street median trees and 7,000 City park trees with the primary goal of preserving the integrity and health of the Santa Ana Urban Forest. Performing proper and timely tree trimming extends the life cycle of the urban forest by decreasing the likelihood of limb failures and preventing safety hazards to the public and reducing the City's liability. Public Works' Parks, Fleet and Facilities Division oversee the maintenance of City - owned trees on all City parks. Staff recommend increasing the budget by $280,000 annually for parks tree services maintenance services on an as -needed basis. The additional funds will be utilized for routine grid trimming cycle, prune additional trees, and provide the flexibility of using WCA staff to assist with emergency response efforts during and after windstorm events. On November 17, 2020, the City entered into an agreement with WCA, the current tree maintenance provider, in the amount of $3,028,650 for the first 18 months and $2,109,100 annually to exercise any of the six one-year renewal options (Exhibit 1). WCA has served the community's urban forest needs by pruning approximately 15,000 trees a year. They have also implemented an inventory system utilizing Global City Council 21 — 1 12/20/2022 Amend Agreement for Tree Maintenance Services December 20, 2022 Page 2 Positioning System (GPS) technology for all City street trees and prepared an inventory for the City's use. This GPS inventory has led to more efficient tree inspections and pruning, improved accuracy in record -keeping, and timely production of information relevant to service requests and liability claim investigations. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funding for the amended agreement is budgeted and available in the Fiscal Year 2022- 23 Council -approved budget and will be budgeted in future years through following accounts: Accounting Accounting Unit FY FY FY Unit Account Fund 2022-23 2022-23 2022-23 Account Description Description (Current) (Amendment (Total) Number 01117643 Public Works General $1,599,100 - $1,599,100 62300 Street Trees Fund 02917635 Public Works Special Gas 62300 Median Tax Fund $200,000 - $200,000 Landscaping 01117651 Parks General $250,000 $250,000 $500,000 62320 Maintenance Fund 07417655 Parks General $30,000 $30,000 $60,000 62320 Civic Center Fund 01113220 Parks General $30,000 - $30,000 62300 Zoo Fund 06717650 Public Works Enterprise 62320 SARTC Fund $25,000 - $25,000 Operations 02718133 CDA Downtown Enterprise $5,000 - $5,000 62300 Enhancements Fund 06017640 Water Utility 62300 Production & Water $12,500 - $12,500 Supply 08517138 City Yard City Yard $12,500 - $12,500 62300 Operations Total $2,164,100 $280,000 $2,444,100 City Council 21 — 2 12/20/2022 Amend Agreement for Tree Maintenance Services December 20, 2022 Page 3 Accounting Accounting Unit Unit Fund FY FY FY Account Account Description 2023-24 2024-25 2025-26 Number Description 01117643 Public Works General $1,599,100 $1,599,100 $1,599,100 62300 Street Trees Fund 02917635 Public Works Special Gas 62300 Median Tax Fund $200,000 $200,000 $200,000 Landscaping 01117651 Parks General $500,000 $500,000 $500,000 62320 Maintenance Fund 07417655 Parks General $60,000 $60,000 $60,000 62320 Civic Center Fund 01113220 Parks General $30,000 $30,000 $30,000 62300 Zoo Fund 06717650 Public Works Enterprise 62320 SARTC Fund $25,000 $25,000 $25,000 Operations 2718133 CDA Downtown Enterprise $5,000 $5,000 $5,000 6 62300 Enhancements Fund 06017640 Water Utility 62300 Production & Water $12,500 $12,500 $12,500 Supply 08517138 City Yard City Yard $12,500 $12,500 $12,500 62300 Operations Total $2,444,100 $2,444,100 $2,444,100 Accounting Accounting FY Unit Unit Fund FY FY 2028-29 Account Account Description 2026-27 2027-28 (6 Months) Number Description 01117643 Public Works General $1,599,100 $1,599,100 $799,550 62300 Street Trees Fund 02917635 Public Works Special Gas Median $200,000 $200,000 $100,000 62320 Landscaping Tax Fund 01117651 Parks General $500,000 $500,000 $250,000 62320 Maintenance Fund 07417655 Parks General $60,000 $60,000 $30,000 62320 Civic Center Fund 01113220 Parks General $30,000 $30,000 $15,000 62300 Zoo Fund City Council 21 - 3 12/20/2022 Amend Agreement for Tree Maintenance Services December 20, 2022 Page 4 Accounting Accounting FY Unit Unit Fund FY FY 2028-29 Account Account Description 2026-27 2027-28 (6 Months) Number Description 06717650 Public Works Enterprise 62320 SARTC Fund $25,000 $25,000 $12,500 Operations 2718133 CDA Downtown Enterprise $5,000 $5,000 $2,500 6 62300 Enhancements Fund 06017640 Water Utility 62300 Production & Water $12,500 $12,500 $6,250 Supply 08517138 City Yard City Yard $12,500 $12,500 $6,250 62300 Operations Total $2,444,100 $2,444,100 $1,222,050 GRAND TOTAL AMOUNT — NOT TO (Including $2,164,100 from FY 21-22) EXCEED $18,050,750 EXHIBIT(S) 1. Second Amendment with West Coast Arborists, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 21 — 4 12/20/2022 EXIHIBIT I SECOND AMENDMENT TO SERVICES AGREEMENT WITH WEST COAST ARBORIST, INC. THIS SECOND AMENDMENT TO AGREEMENT is entered into this 20th day of December 2022, by and between West Coast Arborist, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City'). RECITALS A. On November 17, 2020, the City entered into Agreement #A-2020-228 with Consultant to provide tree maintenance services. B. On March 15, 2022, the parties entered into a Second Amendment to increase the annual compensation by $145,000. C. In accordance with the terms and conditions of the Agreement, the parties desire to amend the Agreement to further increase the annual compensation for additional services such as routine grid trimming cycle, prune additional trees, and to assist with emergency response efforts during and after windstorm events on an as -needed basis for the remainder of the term including any extension periods. THE PARTIES THEREFORE AGREE: 1. Section 2, COMPENSATION, shall be amended to increase compensation as follows: The total amount to be expended under this Agreement shall not exceed $18,050,750 during the term of this agreement, including any extension periods exercised under Section 3. The annual sum shall be increased by $280,000 for a total amount not to exceed $2,444,100 annually. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Kristine Ridge Clerk of the Council City Manager [Signatures continued on the following page] City Council 21 — 5 12/20/2022 Pagel of 2 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director of Public Works Agency CONSULTANT - a" By: Patrick Mahoney Title: President City Council 21 — 6 12/20/2022 Page 2 of 2 Public Works Agency _ www.santa-ana.org/departments/public-works/ Item # 22 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Amend Agreement for Hardscape Pavement Cleaning and Infectious Waste Removal AGENDA TITLE: Amend the Agreement with Superior Property Services, Inc. To Increase The Total Agreement Amount by $700,000 (Project No. 22-1402) Not to Exceed $1,966,568 for Hardscape Pavement Cleaning and Infectious Waste Removal Services for the Remaining Term of the Agreement (General Fund) (Revive Santa Ana Program) RECOMMENDED ACTION Authorize the City Manager to execute the first amendment to the agreement with Superior Property Services, Inc. to increase the total compensation amount by $700,000 for a total agreement amount not to exceed $1,966,568, for the remainder of the agreement term expiring June 30, 2026, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Public Works Agency's Parks, Fleet, and Facilities Division maintains the Santa Ana Civic Center as part of the Civic Center Joints Power Authority with the County of Orange. On January 24, 2022, Parks, Recreation and Community Services issued a Request for Proposal (RFP) for hardscape pavement cleaning and infectious waste removal services. As a result, on May 17, 2022, Superior Property Services, Inc. was awarded an agreement from July 1, 2022 through June 30, 2026. On August 2, 2022, the City Council approved the Revive Santa Ana Spending Plan that reflected the entire American Rescue Plan Act (ARPA) allocation of local fiscal recovery funds. A $700,000 in cost savings was subsequently identified and redirected, by the City Manager's authorization, to the COVID-19 Sanitization project. Staff is finding an increasing need for cleaning and sanitization at high -traffic pedestrian and bicyclist areas throughout the City. Due to the prompt and excellent services already provided by Superior Property Services, Inc., staff would like to increase current services to enhance public health and safety. City Council 22 — 1 12/20/2022 Amend Agreement for Hardscape Pavement Cleaning and Infectious Waste Removal December 20, 2022 Page 2 Staff recommends increasing the current agreement with Superior Property Services, Inc. by an amount of $700,000, for a revised total agreement amount not to exceed $1,966,568 for the remainder of the agreement term (Exhibit 1). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Additional $700,000 ARPA funds are available for expenditure in the current Fiscal Year 2022-23 through Fiscal Year 2025-26. Any unspent ARPA funds allocated for this expenditure will be carryforward until funds are exhausted through the term of the agreement. Additional funds: Fiscal Year Accounting Accounting Unit - Unit — Fund Account No. Total Account No. Description Description (Project No.) FY 2022-23 18117013- American ARPA — PWA through 66200 Rescue Plan Buildings & Building $700,000 FY 2025-26 22-1402 Act ARPA Improvements Prior Approval: Civic Center 2022-23 07417655- Civic Center Maintenance - Maintenance & $316,642 (July -June) 62320 Maintenance Repair Buildings & Grounds Civic Center 2023-24 07417655- Civic Center Maintenance - Maintenance & $316,642 (July -June) 62320 Maintenance Repair Buildings & Grounds Civic Center 2024-25 07417655- Civic Center Maintenance - Maintenance & $316,642 (July -June) 62320 Maintenance Repair Buildings & Grounds Civic Center 2025-26 07417655- Civic Center Maintenance - Maintenance & $316,642 (July -June) 62320 Maintenance Repair Buildings & Grounds Total $1,966,568 City Council 22 — 2 12/20/2022 Amend Agreement for Hardscape Pavement Cleaning and Infectious Waste Removal December 20, 2022 Page 3 EXHIBIT(S) 1. First Amendment to the Agreement with Superior Property Services, Inc. Submitted By: Nabil Saba, Executive Director of Public Works Approved By: Kristine Ridge, City Manager City Council 22 — 3 12/20/2022 EXHIBIT I FIRST AMENDMENT TO AGREEMENT WITH SUPERIOR PROPERTY SERVICES, INC. TO PROVIDE HARDSCAPE PAVEMENT CLEANING AND INFECTIOUS WASTE REMOVAL SERVICES IN THE CIVIC CENTER THIS FIRST AMENDMENT is entered into this 20"' day of December 2022, by and between Superior Properties Services, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On May 17, 2022, the parties entered into Agreement No. A-2022-076 ("Agreement") to conduct hardscape pavement cleaning and infectious waste removal services in the Civic Center. B. The parties wish to amend the Agreement to increase the compensation, expand the services citywide and to indicate that the additional amounts to be expended are using funds provided by the American Rescue Plan Act ("ARPA"). The Parties therefore agree: I. Recitals are hereby amended to add the following: A. ARPA was signed into law in March 2021. ARPA authorizes the United States Department of Treasury to provide funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency. B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA SLFRF funding from the United State Department of Treasury for the Revive Santa Ana Spending Plan, which includes five spending categories: recovery from the pandemic, direct assistance programs, public health and safety, critical infrastructure, and city fiscal health. C. The primary purpose of the Agreement is to provide consulting services related to public health and lessening the spread of COVID-19. D. The Grant Program is specifically listed as an enumerated eligible use of SLFRF payments tinder expenditure category 1.4 of the Department of the Treasury Final Rule for the Act, Public Health: Prevention in Congregate Settings. II. Section 2, Compensation, shall be amended to increase the compensation by utilizing $700,000 from ARPA/REVIVE Santa Ana Rinds. The total sum to be expended under this Agreement, including any extension periods, shall not exceed $1,966,568. Page 1 of 3 City Council 22 — 4 12/20/2022 3. Section 21, Grant Program Requirements, shall be added to the Agreement as follows: Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act"); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act, available at https://www. govinfo . gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf; C. Treasury Compliance and -Reporting _Guidance for the Act, available at https:Hhome.treasury. gov/system/file s/ 13 6/SLFRF-Comp liance-and-Repo rting- Guidance.pdf; d. 2 CY.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and £ Federal contract provisions attached hereto as Exhibit C and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. Except as herein modified, all terms and conditions of the Agreement, shall remain in full force and effect. [Signatures on the following page] Page 2 of 3 City Council 22 — 5 12/20/2022 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney M. Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager SUPERIOR PROPERTY SERVICES, INC. By: Ronald L. Bruneck, President Title: Page 3 of 3 City Council 22 — 6 12/20/2022 Public Works Agency www.santa-ana.org/pw Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Fuel Delivery and Supply Services AGENDA TITLE Approve an Agreement with AAA Oil, Inc. for Fuel Delivery and Supply Services (Non - General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with AAA Oil, Inc. for fuel delivery and supply services in an annual amount not to exceed $1,300,000 and total amount not to exceed $6,500,000, for a three-year term beginning December 20, 2022 and expiring December 19, 2025, with an option for one two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Central Stores is responsible for purchasing and dispensing fuel at the fueling stations located at the City's Corporate Yard and Santa Ana Police Department. The City currently has a fleet inventory of over 600 vehicles across all City departments that rely on these fueling stations to meet their unleaded and diesel fueling needs. Additionally, the City also utilizes diesel fuel to power emergency backup generators at several of its critical infrastructure sites. The current agreement for fuel delivery and supply is set to expire on January 31, 2023. On September 13, 2022, the Public Works Agency issued Request for Proposal (RFP) 22-110 for gasoline and diesel fuel supply and delivery services. The RFP was advertised on the City's online bid management and publication system with bids due on October 7, 2022. System records indicate 18 vendors were notified and 18 vendors downloaded proposal files. Five proposals were received and evaluated by a selection committee. Based on the criteria outlined in the RFP, all proposals received were categorized as responsive, and their respective scores are as follows: City Council 23 — 1 12/20/2022 Fuel Delivery and Supply Services December 20, 2022 Page 2 FIRM LOCATION PROPOSAL SCORE AAA Oil, Inc. Garden Grove 85 Pinnacle Petroleum, Inc. Huntington Beach 79 Merrimac Energy Group Long Beach 79 Downs Energy Corona 69 Southern Counties Oil Co Orange 65 In accordance with the proposal scores, staff recommends entering into an agreement with AAA Oil, Inc. for gasoline and diesel fuel supply and delivery services (Exhibit 1). The proposal demonstrated high levels of technical competency and experience to complete the scope of work, and contained a clear path toward achieving City goals and objectives. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for this action is budgeted and available for expenditure in the current fiscal year and will be budgeted in future fiscal years as shown below. Accounting Fund Accounting Unit Fiscal Year Unit- Account Description — Account No. Amount No. Description 2022-23 Stores & Stores & Property (Dec -June) 07617102-63300 Property Control Control, Gas & $250,000 Diesel 2023-24 Stores & Stores & Property (July -June) 07617102-63300 Property Control Control, Gas & $1,400,000 Diesel 2024-25 Stores & Stores & Property (July -June) 07617102-63300 Property Control Control, Gas & $1,400,000 Diesel 2025-26 Stores & Stores & Property (July -Dec) 07617102-63300 Property Control Control, Gas & $700,000 Diesel Renewal Op tion Years 2025-26 Stores & Stores & Property (Dec -June) 07617102-63300 Property Control Control, Gas & $700,000 Diesel 2026-27 Stores & Stores & Property (July -June) 07617102-63300 Property Control Control, Gas & $1,400,000 Diesel City Council 23 — 2 12/20/2022 Fuel Delivery and Supply Services December 20, 2022 Page 3 2027-28 Stores & Stores & Property (July -Dec) 07617102-63300 Property Control Control, Gas & $650,000 Diesel Total: $6,500,000 EXHIBIT(S) 1. Agreement with AAA Oil, Inc. Submitted By: Nabil Saba, Executive Director, Public Works Approved By: Kristine Ridge, City Manager City Council 23 — 3 12/20/2022 EXHIBIT 1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND AAA OIL, INC.TO PROVIDE GASOLINE AND DIESEL SUPPLY AND DELIVERY THIS AGREEMENT is made and entered into this 20th day of December 2022 by and between AAA Oil, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and expertise to supply the City's annual gasoline and diesel fuel needs. B. On September 13, 2022, the City issued Request for Proposal ("RFP") No. 22-110, by which it sought Contractors to provide gasoline and diesel fuel delivery and supply services to the City. C. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that Contractor is a wholesale distributor of diesel, gasoline, LNG/natural gas, and other petroleum products and is able and willing to provide such services to 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 On an as -needed basis, Contractor shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services — Exhibit A, attached hereto and incorporated by reference and ("RFP") No. 22-110 — Exhibit B, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. The total annual sum to be expended under the term of this Agreement shall not exceed $1,300,000 during each year of the Agreement. The total sum to be expended under this Agreement for the entire term shall not exceed $6,500,000. 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 City Council 23 — 4 12/20/2022 Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 19, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. 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. 5. 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. City Council 23 — 5 12/20/2022 2 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claimsfor injuries to persons or damages to property which may arise from or in connection with theperformance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non -owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Contractors Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Contractor or Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Other Insurance Provisions A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions: City Council 23 — 6 12/20/2022 1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy. C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims -made form: 1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made 4. policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work. 5. A copy of the claims reporting requirements must be submitted to the City for review. 6. If the services involve lead -based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of "Pollution" shall include microbial matter including mold. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than ANII if admitted in the State of California. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right City Council 23 — 7 12/20/2022 Ll to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Waiver of Subrogation Contractor hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. 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 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. City Council 23 — 8 12/20/2022 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. 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. 11. 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. 12. 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. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided City Council 23 — 9 12/20/2022 5 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 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: AAA Oil, Inc. 11621 Westminster Avenue Garden Grove CA 92843 Attn: Jennifer Crawley Marketing Manager and Contracts Administrator A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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. City Council 23 — 10 12/20/2022 7 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION 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. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. City Council 23 —11 12/20/2022 20. 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] City Council 23 — 12 12/20/2022 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney LIM I I t Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR Efi-ain avalos, Jr CEO arid Secretary City Council 1023 — 13 12/20/2022 EXHIBIT A City Council 23 — 14 12/20/2022 STATEMENT OF QUALIFICATIONS B. Agreement Statement AAA Oil, Inc. dba California Fuels & Lubricants has thoroughly read the scope of work in this RFP, concurs with the service requirements and commits to performing the work in accordance with the terms and conditions of the standard agreement, if awarded. We have found no concerns that we feel need to be addressed. C. Firm and Team Experience Firm Overview AAA Oil, Inc. dba California Fuels & Lubricants, a certified Minority Owned Business and Small Business Enterprise located in Garden Grove, Ca, is a leading distributor of quality petroleum products. Established in 2004, we provide fueling and lubricants services to approximately 450 clients. We offer bulk delivery, on -site mobile fueling, inventory management, tank rentals and sales, fuel card programs, 24/7 Emergency Fueling Services and a wide array of lubricants, fluids and accessories as well as internal fuel polishing capabilities. We are available 24/7, 365 days a year and can facilitate all aspects of the City of Santa Ana's needs as outlined in your RFP. No subcontractors would be used in the facilitation of this contract. All deliveries in Southern California are managed solely by our own fleet of trucks and our own personnel, offering you unmatched customer service and accountability. We also have storage of over 200,000 gallons of fuel in our yard to facilitate contracted fuel deliveries in the event of emergency or rack shut- downs. We understand that fuel is a critical commodity that your operations rely upon and we are committed to meeting your needs promptly and with a staff of 90 professionals who have extensive experience in the petroleum industry. We pride ourselves on being reliable, flexible, service oriented and dedicated. Our sensational customer service is the cornerstone of our organization. Executive Summary Jaime Duenas, Owner and President —17 years of experience overseeing all Assets Management and Strategic Partnerships in relation to both equipment and supply Efrain Davalos, Owner, Secretary and CEO —17 years of experience managing the Street Sales Team and Contracts Department Christina Duenas, Owner and General Manager — 17 years of experience overseeing all departments in day-to-day operations Jennifer Crawley, Marketing Manager and Contracts Administrator — 23 years of experience in all aspects of fuel marketing, of which 8 years has been solely dedicated to executing bids and contract administration City Council 23 — 15 12/20/2022 Jessica Ramos, Dispatch Manager - 16 years of experience managing the dispatch department and drivers Mario Juarez, Director of Finance — 25 years of experience managing all aspects of Billing, Credit and Accounts Receivables Juan Lopez, Procurement Manager — 15 years of experience managing, negotiating, allocating and contracting supply Robert Diero, Fleet Manager — 23 years of experience managing truck fleet maintenance, licensing, permitting, safety and compliance Oscar Gonzalez, Safety Coordinator and Service Manager — 8 years of experience managing the driver safety training program and coordinates all equipment rentals and service requests Team and Organization Structure If awarded, the following key personnel would be involved in the City of Santa Ana's contract as follows: PROJECT MANAGER: Jennifer Crawley - Marketing Manager and Contracts Administrator Handles Order Placement — M-F 8:00-5:OOpm via phone or email OFFICE PH: 714-530-4795 CELL: 714-376-7813 acrawley _cafuelinq_com Jennifer reports to Efrain Davalos Order Placement — After-hours, weekends and holidays: 24/7 Manned Dispatch Department PH: 714-530-4795 Dispatch Manager — Jessica Ramos BACK-UP TO PROJECT MANAGER Stephanie Reyes — Sales Coordinator OFFICE PH: 714-530-4795 CELL: 909-965-0600 sreyes(Q—cafueling.com Efrain Davalos — Sales Manager OFFICE PH: 714-530-4795 CELL: 714-720-1378 edavalosp_cafueling.com invoicin�l^ Jennifer Crawley prices and approves all invoices for email distribution Bulling/Accounts Payable personnel include: Marcela Cabrerra, John Gutierrez, Fabie Cabrerra, who all report to Maline Sip, who reports to Mario Juarez City Council 23 — 16 12/20/2022 Accounts Receivables/Collections: Marisol Jimenez, who reports to Maline Sip, who reports to Mario Juarez Dispatch / Delivery: Jessica Ramos is the Dispatch Manager, with 6 Dispatchers rotating 24/7 shifts. All deliveries would be managed by our proprietary fleet of 85 trucks (a combination of truck and trailer, semi and bobtail trucks) and 40 company employed drivers. D. Understanding Scope of Services AAA Oil, Inc. understands the scope of services to be provided. Upon receipt of order placement via phone or email, standard deliveries will be scheduled to be received by the City within 2 business days M-F 7:00am-5:00pm with trucks equipped with radio and mobile telephone access that meet all CA compliance licensing and CARB regulation requirements and will adhere to all delivery requirements outlined in the scope of work. In the event of emergency, our Dispatch can be reached 24/7 by calling 714-530-4795. The Project Manager and Back-up Personnel contact information has also been provided if needed. In the event that the City's primary fuel tanks go out of service, AAA Oil, Inc. offers wet -hose services for both gasoline and diesel fuel, temporary tanks rentals, fuel trailer loans either with or without an attendant and a fuel card program. AAA Oil, Inc. is also capable of managing the City's fuel inventory by installing remote fuel monitors that the City can also have access to via email. This would ensure that there are always eyes on your inventory and orders can either be placed by our staff on an as -needed basis or by the City's personnel. The monitors provide alerts every 4 hours, allowing neither AAA Oil nor the City to be ever be caught off -guard. Should the City want to proceed with this value-added service, the cost would be an additional 0.02 per gallon on the fuel deliveries for those tanks we install monitors on. E. Relevant Service Experience Because CFL owns and operates its proprietary fleet, we offer customized solutions to your organization and pride ourselves on being creative and responsive in addressing the needs of our customers. We service a variety of customers including commercial and industrial end -users, marinas, truck stops, municipalities, state and local government, utilities, military installations and both unbranded and branded retail stations. In addition, we provide inventory -managed delivery services to major refiners, delivering fuel to branded stations including Arco, Shell and USA gasoline. Please see a list a references included in your Attachment 3: Proposers References to follow City Council 23 — 17 12/20/2022 EXHIBIT B City Council 23 — 18 12/20/2022 REQUEST FOR PROPOSALS (RFP) GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES RFP NO.: 22-110 CITY OF SANTA ANA PUBLIC WORKS AGENCY 220 S. Daisy Avenue, Bldg A Santa Ana, CA 92703 Armando Fernandez, P.E. Project Manager (714) 647-3316 Office afernandez@santa-ana.org Approved for Release: KEY RFP DATES (Subject to change at discretion of City): h Nabil Saba, PE Executive Director lk'�ublic Works Agency Issue Date: Tuesday, September 13, 2022 Deadline for Requests for Information: Tuesday, September 27, 2022 at 4:00 P.M. Proposal Due Date: Tuesday, October 4, 2022 at 4:00 P.M. Projected Award Date (anticipated): Tuesday, November 15, 2022 City Council 23 — 19 12/20/2022 CITY OF SANTA ANA RFP NO.: 22-110 GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES Appendix ATTACHMENT 1: SCOPE OF WORK C:itg of ';Ant;; Ana RFP 99-110 City Council Gasoline and Diesel Fuel SuPP123r4d L? livery Services 12/20/2022 Page 13 CITY OF SANTA ANA RFP NO.: 22-110 GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES SCOPE OF WORK A. INTRODUCTION AND BACKGROUND The City of Santa Ana is located in the County of Orange in Southern California, The City encompasses 27.5 square miles and a population of over 340,000 people. The City of Santa Ana Public Works Agency is soliciting proposals from qualified firms to provide gasoline, diesel fuel, propane and other petroleum product supply and delivery services. The primary emphasis will be seeking gasoline and diesel fuel delivery and supply services for the Water Resources Division and the Police Department. B. CONTRACTOR RESPONSIBILITIES The Contractor shall provide al supply and delivery of gasoline, possess all Federal, State and good/services required in the S the Contractor. C. SCOPE OF SERVICES I labor, materials, services, and equipment necessary for the diesel fuel, and other petroleum products. The Contractor shall Local permits, licenses, and approvals necessary to provide The Contractor shall provide the following scope of services: 1. DELIVERY LOCATIONS UNDERGROUND TANKS AND EMERGENCY GENERATORS The estimated annual volume of fuel purchases of unleaded 87 octane is 325,000 gallons and 15,000 gallons of diesel fuel. Volume estimates are from historical records. The delivery locations include the following parameters: 1. Corporate Yard (located at 215 S Center, Santa Ana, CA 92703) a. Three (3) 20,000 gallon tanks for unleaded fuel b. One (1) 20,000 gallon tank for diesel fuel 2. Santa Ana Police Department (located at 60 Civic Center Plaza, Santa Ana CA 92702) a. Once (1) 20,000 gallon tank for unleaded fuel b. One (1) 6,000 gallon tank for Red Diesel (One delivery per year at 200 to 300 gallons to the emergency generator on -site) c. One (1) above -ground 250 gallon tank for Red Diesel (One delivery per year at 150 gallons) City of Santa Ana RFP 22-110 Fuelupp n_ ivery ervices City Council Page 14 12/20/2022 CITY OF SANTA ANA RFP NO.: 22-110 GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES In addition to the underground storage tanks, the City of Santa Ana maintains and operates five (5) emergency diesel powered generators. Upon request, the Contractor shall deliver diesel fuel to the following emergency generators: Generator Location Name Generator Make Facility Address Estimated Fuel Tank Size (Gallons) West Station Cummins 4426 W First St, Santa Ana, CA 92801 850 Segerstrom Station Perkins 2903 S Bristol St, Santa Ana CA 92704 224 East Station Cummins 1730 S Santa Fe St, Santa Ana CA 92705 850 Walnut Station Caterpillar 723 W Walnut St, Santa Ana CA 92703 1039 Maxine Station Caterpillar 633 S Maxine St, Santa Ana CA 92704 59 Usage quantities are approximate and shall not be interpreted as quantities ordered. 2. DELIVERY REQUIREMENTS The Contractor shall provide a fleet of trucks adequate to handle the City of Santa Ana's needs. All vehicles utilized to service the City of Santa Ana shall be equipped with a radio dispatch system or a mobile telephone access as well as have the capability of providing printed metered tickets at the time of delivery. In addition, the Contractor's delivery vehicles/trucks must comply with the latest California Air Resources Board approved/certified Phase II Vapor Recovery Equipment Requirements and any other applicable regulations. The following delivery requirements shall be implemented by the Contractor when supplying and delivering gasoline, diesel fuel, and other petroleum based products to the City of Santa Ana: 1. Carriage vehicles shall be fully equipped, in good mechanical condition and appearance, and always bearing the correct placard identification of the fuel being delivered. 2. Hoses and coupler fittings shall be tight when in use. Product that leaks from hoses or couple connections shall be cleaned up and removed by the Contractor, including product in spill containers. 3. Delivery truck drivers shall stick each tank with a fuel tank gauge stick prior to offloading to ensure that adequate fuel storage is available to accept the entire shipment without spillage. Readings shall be taken by the driver prior to unloading fuel and after unloading fuel and shall be recorded on the delivery receipts. 4. The Contractor shall provide a delivery metered ticket for each delivery of fuel and the metered ticket must be signed, dated, and provided to the ordering agency at delivery. 5. Fuel deliveries shall be made complete as ordered; no partial orders are accepted unless mutually agreeable. City of Santa Ana RFP 27-1 10 City Council Gasoline and Diesel Fuel Suppl23rad 22livery Services 12/20/2022 Page 15 CITY OF SANTA ANA RFP NO.: 22-110 GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES 6. The Contractor shall ensure that the transport units can accommodate the delivery logistics at every location prior to dispatching those units. 7. The Contractor shall be responsible for obtaining fuel readings and managing load inventory as requested by the City of Santa Ana to meet or exceed all State and local applicable laws and regulations. 8. All work shall be in accordance with applicable trade practices, workmanship, meet warranties and shall conform to all applicable laws, codes and regulations. 3. GASOLINE AND FUEL SPECIFICATIONS By submitting a proposal, the Supplier will ensure that the gasoline and diesel fuel products delivered meet or exceed the following minimum specifications. Only major oil company quality fuels meeting the following specifications are to be provided: 1. The fuel provided must meet the latest requirements of the California Air Resources Board (CARB) Phase 2 Reformulated Gasoline and Diesel. 2. The fuel provided must meet Air Resources Board (ARB), "The California Reformulated Gasoline Regulations" Title 13, California Code of Regulations Section 2250-2273.5 latest version/sub articles, and all-inclusive amendments. 3. The fuel provided must comply with the requirements of the American Society of Testing and Materials (ASTM) D4815 standard or latest version as verified by an independent lab. 4. Regular Unleaded Gasoline shall have a minimum octane rating of 87 which shall be determined by using R+M/2 method. 5. CARB #2 Diesel — Clear: All diesel fuel sold for vehicular use in California must meet a 15 ppm maximum sulfur limit (Ultra Low), in addition to meeting all of the current low aromatics CARB diesel specifications and ASTM D975 Standard Specifications for Diesel Fuel Oils. The definition of "vehicular use" in California includes on -highway vehicles and non -road vehicles such as agriculture and construction equipment. Carb #2 Diesel — Clear may contain up to 5% bio. 6. All products furnished shall conform to all Federal, State, Local, American Society of Testing and Materials (ASTM), Department of Transportation (DOT) and Air Resources Board (ARB) regulations for handling and supply of unleaded fuel/gasoline. 7. Only products of new manufacture or distillation will be accepted. No refined or reclaimed products will be accepted unless otherwise specified. 8. All fuel/gasoline shall have a minimum shelf life of one (1) year. 9. Gasoline shall be unleaded regular 87 Octane minimum and diesel fuel shall be Type 2 clear unless otherwise specified. 10.All fuel shall be temperature corrected to 60 degrees Fahrenheit and or at the of Santa Ana PPP 79_11n City Council Gasoline and Diesel Fuel SuppI23ncl2alivery Services 12/20/2022 Page 16 CITY OF SANTA ANA RFP NO.: 22-110 GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES adequate and required temperature set by Federal, State, Local, ASTM, DOT, ARB and/or any other mandated laws, regulations and ordinances. 11. Diesel fuel must meet current fuel industry laws of Federal, State and local codes, requirements, standards and guidelines, including South Coast Air Quality Management District (SCAQMD), American Society of Testing and Materials (ASTM) laws, Department of Transportation (DOT), Air Resources Board (ARBO regulations, Reid Vapor Pressure (RVP) requirements and regulations for handling and supply of diesel fuel. 4. ORDERING PROCESS The Contractor shall not request minimum orders or pattern of use; all orders shall be placed as needed and at the convenience of the City of Santa Ana. The Contractor shall maintain an e-mail address to place all request/orders, as well as a contact name and number for 24- hour access emergency service. On non -emergency calls, the Contractor shall deliver all fuel orders in full and within one (1) calendar day after confirmation of receipt of order. The Contractor shall provide a delivery metered ticket for each fuel delivery, listing fuel order amount in gallons, location of facility and a brief description of the product delivered. A delivery manual ticket will be accepted only when metered tickets are not available. The Contractor shall be responsible for all the time it takes to offload/transfer fuel from the fuel trucks to the City's tanks at various locations and any additional fees for standing time shall not be charged to the City. 5. EMERGENCY ON -CALL DELIVERY SERVICES The Contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency for emergency gasoline and/or diesel fuel supply and delivery. Service calls shall be responded within two (2) hours. Contractor's fueling crews must be able to arrive at the job site within four (4) hours of approval from the City to commence work. Regular business hours are considered from 7:00 A.M. to 5:00 P.M. (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. Gasoline, diesel fuel, and other petroleum product deliveries shall be scheduled 24-hours a day, seven days a week on an emergency on -call basis including but not limited to wet hose delivery service and after -hour delivery service. The Contractor shall provide 24-hour customer support telephone number and services for responding to all request/orders for fuel, including telephone coverage on weekdays during normal business hours as well as 24- hour access phone number for after hours, weekends, holidays and emergency situations. In an Emergency Event or Declared Disaster by the County/State or Federal entity, the Contractor shall service the City of Santa Ana under the same terms and conditions that apply during regular standard non-emergency/disaster conditions. City of Santa Ana RFP 22-1 10 City Council Gasoline and Diesel Fuel SuppIk,'qad2*livery Services 12/20/2022 Page 17 CITY OF SANTA ANA RFP NO.: 22-110 GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES 6. "ZERO LEAKAGE" STANDARDS The City of Santa Ana requires "zero leakage" standards for fuel transfer operations. The Contractor shall provide necessary equipment and proper training of delivery personnel to prevent spillage or minimize the chance of spillage during connection and disconnection of hoses and during the transfer of fuel. The Contractor will likewise ensure that all equipment, tools and procedures used are in compliance with all applicable specification and regulations governing such operations. In the event of leakage or spillage, it shall be the responsibility of the Contractor to perform immediate containment, clean up, disposal and restoration activities as necessary in accordance with applicable State of California laws and regulations an subject to the County's satisfaction. All material associated with such clean up shall be removed by the Contractor. The Contractor shall be held liable for any damage or criminal/civil citations which may occur as a result of any spills and/or accidents. 7. FUEL TESTING SERVICES The Contractor shall provide as -requested fuel -testing services for purity and quality, contamination, additives, trans -mixed fuels or co -mingled fuels, physical properties testing, energy value, trace components, trace contaminants, safety and regulatory parameters, bacteria, and the like. 8. FUEL TENDERS AND TRAILERS The Contractor shall be able provide a fuel truck and an attendant to fuel vehicles if the City fuel tank(s) are inoperable or if there an emergency where fueling must be staged at a secondary location. In the event of an emergency incident that span over multiple days, the City of Santa Ana may hire fuel trucks/trailers to provide fuel during the incident so that vehicles can be refueled without leaving the incident. Fuel trucks and trailers shall be fully registered as commercial vehicles and be with all Department of Transportation (DOT), Environmental Protection Agency (EPA), and state inspection requirements. Supplies shall only be permitted to provide/distribute clear road fuel. Fuel truck and trailer operators are responsible for containing and disposing of the fuel spilled and special attention must be paid to hazardous material concerns such as leaky fuel nozzles, tanks, etc. The truck's fuel dispensing system shall be designed to prevent the wrong product from being dispensed, such as gasoline being introduced into a diesel -powered vehicle due to the dispensing system not being completely drained from the precious fueling. A separate dispensing system for each product carried on the fuel tender is preferred. Each pump shall have affixed the current year's weights and measures certificate from their home administrative county. C mt# of until Ana RFP 99_110 City Council Gasoline and Diesel Fuel Suppl23r4 26livery Services 12/20/2022 Page 18 CITY OF SANTA ANA RFP NO.: 22-110 GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES The equipment required for the fuel trucks and trailers include, but are not limited to the following: 1. Fire extinguisher, Rated 2A10BC or better 2. Electronic backup alarm at a minimum of 97 dB 3. Spill kit 4. Secondary containment for dispensing area 5. Chock blocks of appropriate size for the tire diameter 6. Flashlight 7. No smoking signs posted on the front, rear, and sides 8. Department of Transportation (DOT) standard reflectors The rental rates provided shall be the maximum rates to be paid and may not be exceeded without prior written approval. On mobilization and demobilization days, "hours in service" include transit to and from the incident. Hours in service also include time spent in staging during the assigned shift. The Contractor shall provide rates based on the number of hours that the equipment is in service and under the City of Santa Ana command in calendar day. Hired Equipment Shift Rates unless otherwise noted is issued one of three rates as determined by shift type; reduced, standard, and extended as detailed below: 1. Reduced Rate: Rate paid for up to eight (8) hours in service in calendar day. 2. Standard Rate: Rate paid for greater than eight (8) hours and up to sixteen (16) hours in service in a calendar day. 3. Extended Rate: Rate paid for greater than sixteen (16) hours in service in a calendar day. Equipment is only eligible for this rate when ordered as a 24-hour resource. On mobilization and demobilization days, "hours in service" included transit to and from the incident. Hours in service include time spent in staging during the assigned shift. In addition, Wet and Dry Rates include (unless otherwise notes, all rates are "Wet"): A. Wet rates include depreciation, indirect ownership costs, major overhaul cost, labor and parts for routine maintenance and repair, transportation, pilot vehicles, operators, PPE, fuel, lubricants, and operating supplied necessary for the equipment to perform as ordered. B. Service vehicles and service personnel are included in the rates. C. Equipment hired "dry" does not include operators orfuel; The City shall provide these as necessary for the equipment to perform as ordered. All other costs shall remain the responsibility of the Contractor. City of Santa Ana RFP 22-11 0 City Council Gasoline and Diesel Fuel Suppl23 ad Nlivery Services 12/20/2022 Page 19 CITY OF SANTA ANA RFP NO.: 22-110 GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES 9. PROPANE TANK INSTALLATION AND FUELING SPECIFICATIONS The Contractor shall recommend, design, supply and install a 420-gallon propane tank utilizing minimum square footage at the City's Corporate Yard (a site map of the City Corporate Yard has been provided as APPENDIX A). The propane fueling equipment must provide dispensing pump(s) suitable for usage in City vehicles as well as dispenser metering indicating gallons dispensed and net volume. In addition, the Contractor shall recommend or provide supplementary equipment best suited for the City's propane refueling needs. Equipment furnished under this specification shall be the latest improved model in current production as offered to commercial trade and shall be of the highest quality workmanship and material. The Contractor shall be responsible for all technical and professional services required to obtain and to maintain compliant on -site refueling operations including but not limited to permit applications, inspections, certifications, controls, protection and equipment. Succeeding installation, the Contractor will ensure all equipment offered under this specification will remain in good working condition and shall be in compliance with federal, state, and local codes and regulations. The Contractor shall ensure the propane tank remains filled and operational at all times. The City will require delivery of liquid propane on an as - needed basis and in accordance with agreed -upon, pre -arranged or as requested in response to an emergency call. In the event, the City of Santa Ana requires propane wet hose fueling, the Contractor shall service any of the fifteen (15) propane powered vehicles listed below: VEHICLE # MAKE VEHICLE M )DEL. 1 NISSAN UGJ02 FORKLIFT 2 FORD F-550 3 NISSAN FORKLIFT CL50LP 4 FORD F250 HD UTILITY 5 FORD F-550 6 FORD F550 SD UTILITY 7 FORD F-550 SD 8 FORD F-550 9 FORD F-250 10 FORD VALVE TRK F-550 11 FORD VALVE TRK F-550 12 FORD VALVE TRK F-550 13 FORD F-550 SALT TRCK 14 FORD F-550 ALT AT37G 15 FORD F-650 LATERAL City of Santa Ana RFP 22-110 City Council Gasoline and Diesel Fuel Suppl23ndPplivery Services 12/20/2022 Page 20 CITY OF SANTA ANA RFP NO.: 22-110 GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES 10. REPORTING The monthly and/or quarterly statements with specific date ranges as needed shall be furnished as requested by the City referencing fueling data by location (quantities delivered and price). Report formats shall be available electronically and emailed to the Contract Administrator. The required format is an Excel spreadsheet. D. CODE COMPLIANCE All materials and workmanship shall be in strict conformity with federal, state and local codes, requirements, standards of the latest editions, and guidelines including revisions of the following: • California Air Resources Board (CARB) • Reid Vapor Pressure (RVP) Requirements under California Phase 2 Reformulated Gasoline (CaRFG2) and Phase 3 Reformulated Gasoline (CARFG3) • American Society of Testing and Materials (ASTM) D4815 Standard or Latest Version • Department of Transportation (DOT) • South Coast Air Quality Management District (SCAQMD) • Environmental Protection Agency (EPA) • Occupational Safety and Health Administration (OSHA) E. PROJECT MANAGEMENT AND COORDINATION When a request for service is issued to the City, the Contractor shall issue an estimate to the City's designated Project Manager. The Contractor shall not proceed with any work without the approval of the City's designated Project Manager. Contractors shall invoice the City on a monthly basis for all work performed during the period or provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied by a summary of tasks performed, contract agreement number, results and progress on long- term tasks if any. F. VALUE ADDED RELATED SERVICE The Contractor may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP such as fuel tank level management, fuel cards, tank rentals, etc. Value added related services will be considered by the City and may or may not be incorporated in the agreement. All parts and materials must be supplied new and factory approved. Qt�l of Santa Ana PPE2 `J7_11(1 City Council Gasoline and Diesel Fuel SuppI23n.0 @$livery Services 12/20/2022 Page 21 CITY OF SANTA ANA RFP NO.: 22-110 GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES G. MARKUP The following markup percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits (to the sum of the costs and markups, one (1) percent shall be added as compensation for bonding)- 1 ) Labor................................................................................................20 2) Materials...........................................................................................15 3) Equipment Rental............................................................................. 15 4) Other Items and Expenditures.......................................................... 15 H. MINIMUM QUALIFICATIONS The Contractor shall meet the following minimum qualifications: 1. All work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements. 2. The Contractor shall have a minimum of five (5) years of experience in providing gasoline and diesel fuel supply and delivery services. 3. The Contractor shall possess state and local permits, licenses and certificates required by law to commence, carry, and complete the work. 4. Provide all necessary equipment to competently perform and complete work as specified. I. SAFETY Proposer shall be solely and completely responsible for the condition of the project site, including safety of all persons and properties during the performance of the work. In addition, proper safety equipment must be worn at all times. These requirements shall apply continuously until the contract is terminated and shall not be limited to normal working hours. The Contractor/Consultant shall assure that each employee or subcontractor under the contractor's supervision is trained in the work practices necessary to safely perform his or her job. The Contractor's drivers/delivery crews shall be HAZMAT trained and certified in safety measures to prevent accidents endangering personnel and property. Hazardous Materials shall be clearly marked with the proper shipping name and identification number as required by the Department of Transportation. The Contractor shall provide current, applicable and required Material Safety Data Sheets (MSDS) at any time during the contract as requested by the City of Santa Ana. c,i4t of .sanfa Ana RFP 9'J_9 in City Council Gasoline and Diesel Fuel SuppQ3rid 29iivery Services 12/20/2022 Page 22 CITY OF SANTA ANA RFP NO.: 22-110 GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES J. INSURANCE REQUIREMENTS The successful bidders shall furnish the City with original copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract. Said insurance policies shall comply with all requirements set forth in these specifications. Contractor(s) shall keep a current certificate of insurance at the City of Santa Ana at all times and shall immediately report any changes to the City. K. FEE SCHEDULE Contractor shall submit a fee schedule as described in Section IIl.B.3 of RFP. No separately stated freight or deliveries will be considered. Bidders shall include all costs in the unit price bid. The Contractor's delivered product pricing shall be inclusive of all freight/unloading/handling and delivery charged. Furthermore, the Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment, rentals, and materials. The bid items specified in the fee schedule are for reference purposes only. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The City may request related services that will be paid at the vendor's standard labor and equipment rate submitted. Fee proposal shall be outlined as follows: ---End of SCOPE OF WORK Section --- ('Ft%/ of .4an#a Ana RER '77_9 iU City Council Gasoline and Diesel Fuel Suppl23nd 00livery Services 12/20/2022 Page 23 MAYOR Vicente Sarmiento MAYOR PRO TEM Phil Bacerra COUNCILMEMBERS Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 220 S. Daisy Ave. • P.O. Box 1988 — M85 Santa Ana, California 92702 714-647-3320 www.santa-ana.orn September 29, 2022 ADDENDUM ONE CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez SUBJECT: RFP 22-110 GASOLINE AND DIESEL SUPPLY AND DELIVERY SERVICES The following changes/clarifications have been made to the bid of the subject project: ITEM 1 — Q&A REPONSES Attached responses for Q&A dated 9/29/22 ITEM 2 - NOTICE INVITING BIDS Page 2; 2"d paragraph Responses to this Request for Proposals (RFP) will be accepted until Tuesday, October 4, 2022 at 4:00 P.M. MODIFY: Responses to this Request for Proposals (RFP) will be accepted until Friday, October 7, 2022 at 1:00 P.M. ITEM 3 — ATTACHMENT 2: FEE SCHEDULE Page 24 through 27 Fee schedule removed, replaced, and attached. ITEM 4 — MODIFIED BID ITEM Bid Items #61-65 can be omitted from Fee Proposals and is an optional metric. The metric will not be evaluated in the grading process. SANTA ANA CITY COUNCIL Vicente SarmienLo i acerra ar re an aw n e I Paz n ^m n ez Nelida Mendoza Mayor City r� rd 4 Ward 1 Ward 2 23 — 31 Ward 3 Q/ �11 2022 Ward 6 vsarmlenio Santa-ana.o p cerraa Santa-ana.Orq mhan&sanla-sna.arq dpenalo,,.—,an1ang es51elope:&santa-ana.arq anheman eZ San a-ana.o nfnendoza(oisanta-ana.orj ITEM 5 — SCOPE OF SERVICES: ORDERING PROCESS Page 17, 2"d paragraph On non -emergency calls, the Contractor shall deliver all fuel orders in full and within one (1) calendar day after confirmation of receipt of order. MODIFY: On non -emergency calls, the Contractor shall deliver all fuel orders in full and within two (2) calendar day after confirmation of receipt of order. ATTACHMENTS Attached responses for Q&A dated 9/29/22 — 3 Pages Attached revised fee schedule dated 9/29/22 — 2 Pages Total Pages for Addendum One (including attachments) = 7 Pages ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. Cordially, A4'a * 'eeoa James Burk, P.E. Senior Civil Engineer CC: Reading File SANTA ANA CITY COUNCIL Vicente Sarmiento i e Neiida Mendoza Mayor Cit\/M�y (1�q jrt,�tard 4 Ward 3 Ward 2 2 — 32 Ward 3 1 / (� Ward 6 vsarmianto{ilsanta-ana.om {,hacerrea san-ana.oru tohan(c' santa-ana.org dpenalozaiDsanla-ana. rg iessielopezc5santa-ana.ora irvanheman e [ a a- n nmandoza(a7santa-ana.orc RFP 22-110 Gasoline and Diesel Supply and Delivery Services 9/29/2022 Response 1 What are the city's payment terms? Does the city do early payment if offered a discount? Payment term is net forty-five (45) days per Attachment 4 Section 3. Term 2 May a prospective bidder, only bid on certain line items? For example, we do would not be able to bid on the Propane as we do not supply that in California. The City has made this an optional item per Addendum One 3 On the gasoline and diesel pricing form, only the wet hose section states the price is based off of Los Angeles Ca OPIS Gross 10:am EST Daily Rack Average with Car. Would that be based for allproducts? Clarify if RD is to based on CARB #2? Yes, the gasoline and diesel pricing should be based off Los Angeles CA OPIS Gross 10:00 AM EST Daily Rack Average with Car+. This same index as Diesel - Type 2 Clear shall be derived for the renewable clear diesel RD99 and RD95 as well. 4 Do the emergency powered generators on page 15 take Red Dyed Diesel? Yes, emergency generators take red dyed diesel 5 If the emergency powered generators on page 15 take red dyed diesel, the red dyed diesel pricing on the Fee Proposal does include pricing for quantities in conjunction with the tank sizes listed for these generators. Can an additional delivery size be added to the Fee Proposal for red dyed diesel to cover these? Yes, please refer to Addendum One 6 Due to the National Driver Shortage, that standard turn for deliveries is now 2 days. Would the City be willing to extend its turn time from 1 day to 2 days? Yes, please refer to Addendum One 7 Are we required to bid all products and all services to be considered for award? No, please refer to Addendum One 8 Propane tank design, supply and installation is not a component of a Petroleum Fuel Distribution Company. Was this service meant to be included in this solicitation? Are we required to bid on this service to be considered for award? No, please refer to Addendum One 9 Is the OPS Index used to derive the base pricing the Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR? Yes, please refer to Addendum One 10 For the RD95 and the RD99 pricing, there is not currently a ratable OPIS index compiling this pricing and it is now industry standard to use the OPIS ULSD #2 Index as the base price. Can you confirm for RD95 and RD99 that you will be using the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base rice? Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD99 11 Because RD95 and RD99 pricing is not fixed and needs to be tied to OPIS, for RD95 and RD99 on the Fee Proposal, can you please mirror the pricing entries with the structure of the Clear Diesel Pricing and add both Delivery Size breakdowns categories 7000+ and 3500- Yes, please refer to Addendum One 12 Red Dyed ULSD#2 pricing is not fixed and needs to be tied to OPIS, so for Red Dyed ULSD#2 on the Fee Proposal, can you please mirror the pricing entries with the structure of the Clear Diesel Pricing? Yes, please refer to Addendum One 13 What is the average delivered quantity of unleaded fuel at the Corporate Yard? The average delivery size to the Corporate Yard is 7,500 gallons for unleaded. 14 What is the average delivered quantity of diesel fuel at the Corporate Yard? The average delivery size to the Corporate Yard is 8,800 gallons for diesel. 15 What is the average delivered quantity of unleaded fuel at the Police Department? The average delivery size to the Police Department is 8,800 gallons for unleaded. 16 Because the answers to vital questions will not be provided until shortly before the bid is due, there is a serious concern that there will not be enough time to do adequate analysis to prepare the bid by the due date. Would the City please consider extending the bid due date at least another week for these reasons? Yes, please refer to the addendum 17 May I please get a bid tabulation from the last award? Refer to PlanetBids for RFP 17-108 Fuel - Gasoline and Diesel https:Hpbsystem.pIanetbids.com/porta1/20137/bo/bo-detai1/41783 18 Who is the current incumbent? Please refer to PlanetBids for RFP 17-108 Fuel - Gasoline and Diesel https:Hpbsystem.planetbids.com/porta1/20137/bo/bo-detai1/41783 19 Are "fees" part of the evaluation criteria for this bid? Yes, refer to Section I. General under C. Proposal Evaluation and Rating 20 Are we required to submit an hourly rate on our "Fee Proposal" with this contract as we are supplying a commodity? Yes, refer to Scope of Services Section K. Fee Schedule 21 When is the City planning on going to City Council for award approval? The anticipated project award date is Tuesday, November 15, 2022 per the RFP cover page 22 What is the annual volume for Dyed Diesel? Refer to Attachment 1: Scope of Services Section C 23 What is the annual volume for Clear Diesel? Refer to Attachment 1: Scope of Services Section C 24 Are the fuel tanks at the Corporate Yard above ground or below ground? The fuel tanks are below ground 25 Is the 6,000 gallon Dyed Diesel tank at the Santa Ana Police Department above ground or below ground? The 6,000 gallon tank specified is below ground 26 Do we need to own fleet of delivery vehicles? No 27 Can we use common carriers to make the fuel deliveries? Yes 28 .Instead of monthly invoicing, can we submit an invoice for payment after every delivery? Yes 29 Do we have to bid on the Propane Tank Installation and fueling in order to be responsive on this bid? No, please refer to Addendum One 30 Is the City currently using RD99? No, the City intends to use RD99 in the future 31 If we are the successful bidder can we mark a fuel surcharge as a line item on invoices? Yes 32 Is the City currently using RD95? No, the City intends to use RD95 in the future 33 Do any of the sites take split deliveries i.e. gasoline and diesel on the same truck delivered on the same day? Yes, upon request 34 What is the average delivery size for Unleaded to the Corporate Yard? The average delivery size to the Corporate Yard is 7,500 gallons for unleaded. 35 What is the average delivery size for diesel to the Corporate Yard? The average delivery size to the Corporate Yard is 8,800 gallons for diesel. 36 What is the average delivery size for Unleaded to the Police Department? The average delivery size to the Police Department is 8,800 gallons for unleaded. 37 Is the City exempt from any taxes? No, the City notexem t from any taxes 38 What OPIS index would you like us to use for the bid line items i.e. OPIS Daily Average, OPIS Daily Contract Average, etc.? The base price is Los Angeles CA OPIS GROSS 10:00 AM EST Daily Rack Average with Car+ 39 What OPIS benchmark City would you like bidders to use? The base price is Los Angeles CA OPIS GROSS 10:00 AM EST Daily Rack Average with Car+ 40 May I please have a copy of the most recent unleaded invoice for the Corporate Yard? The Water Division cannot release those records a this time 41 May I please have a copy of the most recent diesel invoice for the Corporate Yard? The Water Division cannot release those records a this time 42 May I please have a copy of the most recent unleaded invoice for the Santa Ana Police Department? The Water Division cannot release those records a this time 43 What OPIS index do you want us to use for RD99? Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD99 &nbsp; City Council &nbsp;23 &ndash;&nbsp;33 12/20/2022 &nbsp; 44 What OPIS index do you want us to use for RD95? Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD99 45 Do we have to bid on all line items to be responsive for this bid? No, please refer to Addendum One 46 What OPIS index would you like us to use for RD99? Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD99 47 What OPIS index would you like us to use for RD95? Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD99 48 Do the generator sites require Dyed Diesel fuel? Yes 49 Is the City planning on awarding the contract to multiple vendors? The City intends to reward the Contract to one Contractor 50 Will the City please consider extending the bid due date due to all of the clarifications requested? Yes, please refer to Addendum One 51 What are the tank sizes for each of the propane vehicles? The propane requirements are as stated in the RFP 52 If the propane vehicles need to be wethosed will all vehicles be located at a central location? If so what is that location? If not, please provide the location of each of the vehicles. The vehicles will be located at the City Corporated Yard (220 S Daisy Ave, Santa Ana CA 92703) 53 Currently who is the incumbent? Please refer to PlanetBids for RFP 17-108 Fuel - Gasoline and Diesel https://pbsystem.pIanetbids.com/porta1/20137/bo/bo-detai1/41783 54 Currently who is the incumbent? Please refer to PlanetBids for RFP 17-108 Fuel - Gasoline and Diesel https://pbsystem.planetbids.com/porta1/20137/bo/bo-detai1/41783 55 Can you please supply a couple of your most current invoices for gasoline, and all grades of diesel fuels. The Water Division cannot release those records a this time 56 Can the city of Santa state the current percentage amount for local preference. There is no percentage amount 57 Can you please state how the local preference will be evaluated in the bidding process. The local preference is not a part of the evaluation 581 Does the current vendor have a local preference on the current contract? The local preference is not a part of the evaluation 59 Can we bid on only the Unleaded (Transport) piece of the business and provide a "No Bid" on the Diesel (Bobtail) portion of the RFP? No, all Bidders must bid on all required items in the Fee Schedule 60 In the event of delivery of a transport load (> 7,000 gallons), we cannot meter the delivery. Will a Veeder Root ticket be available to print and provide as proof of delivery? Yes 61 Is there a Veeder Root system available for the 20,000 gallon tanks for inventory purposes? Yes 62 If there is a Veeder Root system for the 20,000 gallon tanks, are the suppliers allowed virtual/electronic access? The City does not currently have vitual/electronic access, but is anticipating having it in the future 63 Can we provide a "No Bid" on Section C - 9. Propone Tank Installation and Fueling Specifications portion of the BID? Yes, please refer to Addendum One 64 Under the Fee Proposal, what Index (Base Price) are we to use when determining the differential above/below OPIS? Ex: LA OPIS Unbranded Rack Avg. Only stated under Wet Hosing. The base prive is Los Angeles CA OPIS GROSS 10:00 AM EST Daily Rack Average with Car+ 65 On page 2 the city is requesting letter of intent to be submitted. Can the City of Santa Ana confirm the due date for the letter of intent? Not seeing deadline on the RFP The Letter of Intent is optional and due at any time during the duration of the Bid 66 Can the city of Santa Ana please give clarification on the letter of intent requested? A letter of intent is simply a statement that the Contractor provides to inform the City of the intent to bid submitted via email to the Project Manager 67 Can the city advise if there any special fittings required for any of the tank locations? There are none 68 Can city please advise how many deliveries per year will be needed for each emergency generator locations. The frequency of fuel deliveries is dependent upon usage 69 Can city advise what carrier is currently making the emergency generator deliveries? Fueling delivering for emergency generators are performed internally 70 Can the city please supply the bid tabulations for the current contract. Please refer to PlanetBids for RFP 17-108 Fuel - Gasoline and Diesel https:Hpbsystem.planetbids.com/porta1/20137/bo/bo-detai1/41783 71 Can the city supply a couple of bill of ladings for gasoline and diesel fuel. The Water Division cannot release those records a this time 72 Will a Truck and Trailer be able to fit at all fueling stations for the city? Yes 73 Will a Semi truck be able to fit at all fueling stations for the city. Yes 74 Can the city state, is this all or nothing RFP? Do you have to bid on all sections of the bid to be responsive. Refer to Addendum One 75 Can city state what will the propane be used for for? The propane powered vehicles are listed in the Scope of Services 76 What is average delivery size of gasoline and diesel to the corporation yard and the PD Site. The average delivery size to the Corporate Yard is 7,500 gallons for unleaded. The average delivery size to the Corporate Yard is 8,800 gallons for diesel. The average delivery size to the Police Department is 8,800 gallons for unleaded. 77 How many deliveries in the range of 7,000 plus for gas and diesel for the Corporation yard? Around 80 to 90% of deliveries annually range in 7,000 plus. 78 How many deliveries for 7,000 plus for gas and diesel for the PD site. Fall into this range. Around 80 to 90% of deliveries annually range in 7,000 plus. 79 How many deliveries fall in the range of 7,000 plus for gas and diesel for the Corporation yard. Around 80 to 90% of deliveries annually range in 7,000 plus. 80 Does the city allow for split combination deliveries between corporation and PD site? Yes 81 What are the city payment terms? Payment term is net forty-five (45) days per Attachment 4 Section 3. Term 82 Will city accept ACH payments? Yes 83 How many deliveries fall between the range of 3,500-6,999 for gas and diesel? Usage quantites are approximate and shall not be interpreted as quantitied ordered 84 Can city state the range of gallons for RD99 and RD95? In order give a delivery charge rate per gallon. Refer to Addendum One 85 Can city advise if the non -conclusion affidavit has to be notarized? Yes, please notarize per the conditions specified in the Non -Collusion Affidavit 86 OPIS does not have index for propane. Can the city advise if we need to utilize the weekly BPN news letter index? Utilize weekly BPN news letter index for propane 87 Will the city be open to use a bigger tank for propane usage? Yes 88 Can the city please confirm we need to utilized the OPIS daily rack average report with Car. For fuel deliveries of gasoline, clear diesel, red dyed diesel, and renewable fuels. Please refer to Addendum One 89 Can city advise currently what you are paying for fuel tenders / fuel trailers. This would be for reduced rate, standard rate, and extended rate The Water Division cannot release those records a this time 90 What is average delivery of gasoline and diesel for the Corporation yard/ The average delivery size to the Corporate Yard is 7,500 gallons for unleaded. The average delivery size to the Corporate Yard is 8,800 gallons for diesel. What is the average delivery of gasoline and diesel for the PD site. The average delivery size to the Police Department is 8,800 gallons for unleaded. r93 What is the classifications for a vendor to have a local preference discount for city of Santa Ana? There are no local preferance discounts for the City of Santa Ana Can city please advise if your company headquarters resides in the city of Santa Ana. Does qualify the vendor for the local preference discount. The Water Division is located in Santa Ana (220 S Daisy Ave, Santa Ana CA 92703) &nbsp; City Council &nbsp;23 &ndash;&nbsp;34 12/20/2022 &nbsp; 94 Can city please advise if your company has a office within the city of Santa Ana. Does that qualify the vendor for the local preference The Water Division is located in Santa Ana (220 S Daisy Ave, Santa Ana CA 92703) discount. 95 Can city please advise who is currently making gas and all grades of diesel deliveries. What transport company currently making Please refer to PlanetBids for RFP 17-108 Fuel - Gasoline and Diesel https:Hpbsystem.planetbids.com/portal/20137/bo/bo-detail/41783 deliveries. 96 Can the city please confirm we need to submit the fee scheduled, in addition to the fee proposal on page 24. A rates schedule and a fee schedule shall be permitted per Scope of Services Section K 97 Can the city please give a little more clarification on the requested "fee scheduled. Please advise exactly what we need to submit on this A rates schedule is an hourly rate; if the specifications in Section K do not apply, please omit schedule. Hard to give a cost on equipment, labor, material, if we do not know how much the project will require. Please advise. 98 Can city please advise if your currently billed separate lines items for fuel surcharge, and pump charge fees. Besides the stop in transit The City is not billed separate line items for fuel surcharge and pump charge fees fee. &nbsp; City Council &nbsp;23 &ndash;&nbsp;35 12/20/2022 &nbsp; EXHIBIT C City Council 23 — 36 12/20/2022 City of Santa Ana Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST) Page 1 of 7 Printed 11/18/2022 Bid Results Bidder Details Vendor Name AAA Oil, Inc. Address 11621 Westminster Ave. Garden Grove, California 92843 United States Respondee Jennifer Crawley Respondee Title Marketing Manager -Contracts Phone 714-530-4795 Email jcrawley@cafueling.com Vendor Type CADIR, SSAB, SOCB, MBE License # Bid Detai Bid Format Electronic Submitted 10/07/2022 10:35 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 306865 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type RFP 22-1 10 - Fee Proposal - AAA OIL INC.pdf RFP 22-110 - Fee Proposal - AAA OIL INC.pdf Cost File RFP 22-1 10 - Proposal and Completed Forms - AAA OIL INC.pdf RFP 22-110 - Proposal and Completed Forms - AAA OIL INC.pdf Response File General Attachment BAFO City Council PlanetBids, Inc. 23 — 37 12/20/2022 City of Santa Ana Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST) Page 2 of 7 Printed 11/18/2022 Line Items Discount Terms No Discount City Council PlanetBids, Inc. 23 — 38 12/20/2022 City of Santa Ana Page 3 of 7 Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST) Printed 11/18/2022 Item # Item Code Type Item Description UOM CITY Unit Price Line Total Response Comment 87 Octane (Bulk Fuels Full Truck and Trailer, Delivery Size = 7,000+ Gallons) - (BASE PRICE = LOS ANGELES CA OPIS GROSS 10:00 AM EST DAILY RACK AVERAGE WITH CAR+) ($0.0396) 1 OPIS Plus $/Gal 1 $0.0000 $0.0000 Yes 2 Or Minus $/Gal 1 ($0.0425) ($0.0425) Yes 3 Delivery $/Gal 1 $0.0227 $0.0227 Yes 4 Other (Specify) $/Gal 1 $0.0000 $0.0000 Yes 5 Applicable Discount(s) $/Gal 1 $0.0000 $0.0000 Yes 6 Total OPIS+ $/Gal 1 ($0.0198) ($0.0198) Yes 87 Octane (Smaller Tank Less Than Full Truck, Delivery Size = 3,500 - 6,999 Gallons) - (BASE PRICE = LOS ANGELES CA OPIS GROSS 10:00 AM EST DAILY RACK AVERAGE WITH CAR,) ($0.0124) 7 OPIS Plus $/Gal 1 $0.0000 $0.0000 Yes 8 Or Minus $/Gal 1 ($0.0425) ($0.0425) Yes 9 Delivery $/Gal 1 $0.0363 $0.0363 Yes 10 Other (Specify) $/Gal 1 $0.0000 $0.0000 Yes 11 Applicable Discount(s) $/Gal 1 $0.0000 $0.0000 Yes 12 Total OPIS+ $/Gal 1 ($0.0062) ($0.0062) Yes Diesel - Type 2 Clear (Bulk Fuels Full Truck and Trailer, Delivery Size = 7,000+ Gallons) - (BASE PRICE = LOS ANGELES CA OPIS GROSS 10:00 AM EST DAILY RACK AVERAGE WITH CAR+) $0.0136 13 OPIS Plus $/Gal 1 $0.0000 $0.0000 Yes 14 Or Minus $/Gal 1 ($0.0199) ($0.0199) Yes 15 Delivery $/Gal 1 $0.0267 $0.0267 Yes 16 Other (Specify) $/Gal 1 $0.0000 $0.0000 Yes 17 Applicable Discount(s) $/Gal 1 $0.0000 $0.0000 Yes 18 Total OPIS+ $/Gal 1 $0.0068 $0.0068 Yes Diesel - Type 2 Clear (Smaller Tank Less Than Full Truck, Delivery Size = 3,500 - 6,999 Gallons) - (BASE PRICE = LOS ANGELES CA OPIS GROSS 10:00 AM EST DAILY RACK AVERAGE WITH $0.0402 CAR+) 19 OPIS Plus $/Gal 1 $0.0000 $0.0000 Yes 20 Or Minus $/Gal 1 ($0.0199) ($0.0199) Yes 21 Delivery $/Gal 1 $0.0400 $0.0400 Yes 22 Other (Specify) $/Gal 1 $0.0000 $0.0000 Yes 23 Applicable Discount(s) $/Gal 1 $0.0000 $0.0000 Yes 24 Total OPIS+ $/Gal 1 $0.0201 $0.0201 Yes Renewable Clear Diesel (RCD) - RD 99 - (Bulk Fuels Full Truck and Trailer, Delivery Size = 7,000+ Gallons) - Derive same index from Diesel - Type 2 Clear ($0.1040) 25 OPIS Plus $/Gal 1 $0.0000 $0.0000 Yes 26 Or Minus $/Gal 1 ($0.0787) ($0.0787) Yes 27 Delivery $/Gal 1 $0.0267 $0.0267 Yes 28 Other (Specify) $/Gal 1 $0.0000 $0.0000 Yes 29 Applicable Discount(s) $/Gal 1 $0.0000 $0.0000 Yes 30 Total OPIS+ $/Gal 1 ($0.0520) ($0.0520) Yes Renewable Clear Diesel (RCD) - RD 99 - (Small Fuels Full Truck and Trailer, Delivery Size = 3,500 - 6,999 Gallons) - Derive same index from Diesel - Type 2 Clear ($0.0774) 31 OPIS Plus $/Gal 1 $0.0000 $0.0000 Yes 32 Applicable Discount(s) $/Gal 1 $0.0000 $0.0000 Yes 33 Or Minus $/Gal 1 ($0.0787) ($0.0787) Yes 34 Other (Specify) $/Gal 1 $0.0000 $0.0000 Yes 35 Delivery $/Gal 1 $0.0400 $0.0400 Yes 36 Total OPIS+ $/Gal 1 ($0.0387) ($0.0387) Yes Renewable Clear Diesel (RCD) - RD 95 - (Bulk Fuels Full Truck and Trailer, Delivery Size = 7,000+ Gallons) - Derive same index from Diesel - Type 2 Clea $0.0734 37 OPIS Plus $/Gal 1 $0.0100 $0.0100 Yes 38 Delivery $/Gal 1 $0.0267 $0.0267 Yes 39 Other (Specify) $/Gal 1 $0.0000 $0.0000 Yes 40 Applicable Discount(s) $/Gal 1 $0.0000 $0.0000 Yes 41 Or Minus $/Gal 1 $0.0000 $0.0000 Yes 42 Total OPIS+ $/Gal 1 $0.0367 $0.0367 Yes Renewable Clear Diesel (RCD) - RD 95 - (Small Fuels Full Truck and Trailer, Delivery Size = 3,500 - 6,999 Gallons) - Derive same index from Diesel - Type 2 Clear $0.1000 City Council 23 - 39 12/20/2022 PlanetBids, Inc. City of Santa Ana Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST) Page 4 of 7 Printed 11/18/2022 Item # Item Code Type Item Description UOM CITY Unit Price Line Total Response Comment 43 OPIS Plus $/Gal 1 $0.0100 $0.0100 Yes 44 Total OPIS+ $/Gal 1 $0.0500 $0.0500 Yes 45 Applicable Discount(s) $/Gal 1 $0.0000 $0.0000 Yes 46 Other (Specify) $/Gal 1 $0.0000 $0.0000 Yes 47 Delivery $/Gal 1 $0.0400 $0.0400 Yes 48 Or Minus $/Gal 1 $0.0000 $0.0000 Yes Red Dyed ULSD #2 (Smaller Tank Less than Full Truck, Delivery Size: 500 - 1,000 gallons) - (BASE PRICE = LOS ANGELES CA OPIS GROSS 10:00 AM EST DAILY RACK AVERAGE WITH CAR+) $1 6600 49 OPIS Plus $/Gal 1 $0.6500 $0.6500 Yes 50 Total OPIS+ $/Gal 1 $0.8300 $0.8300 Yes 51 Applicable Discount(s) $/Gal 1 $0.0000 $0.0000 Yes 52 Other (Specify) $/Gal 1 $0.0000 $0.0000 Yes 53 Delivery $/Gal 1 $0.1800 $0.1800 Yes 54 Or Minus $/Gal 1 $0.0000 $0.0000 Yes Red Dyed ULSD #2 (Smaller Tank Less than Full Truck, Delivery Size: 1 - 499 gallons) - - (BASE PRICE = LOS ANGELES CA OPIS GROSS 10:00 AM $3.9000 EST DAILY RACK AVERAGE WITH CAR+) 55 OPIS Plus $/Gal 1 $1.3000 $1.3000 Yes 56 Delivery $/Gal 1 $0.6500 $0.6500 Yes 57 Other (Specify) $/Gal 1 $0.0000 $0.0000 Yes 58 Applicable Discount(s) $/Gal 1 $0.0000 $0.0000 Yes 59 Or Minus $/Gal 1 $0.0000 $0.0000 Yes 60 Total OPIS+ $/Gal 1 $1.9500 $1.9500 Yes Liquid Propane (Optional - Will not be evaluated) $0.0000 61 Propane Delivery $/Gal 1 $0.0000 $0.0000 Yes NO BID 62 Wet Hose Delivery $/Gal 1 $0.0000 $0.0000 Yes NO BID 63 Other (Specify) $/Gal 1 $0.0000 $0.0000 Yes NO BID 64 Applicable Discount(s) $/Gal 1 $0.0000 $0.0000 Yes NO BID 65 Design, Procurement and Installation of 420 Gallon Propane Tank EA 1 $0.0000 $0.0000 Yes NO BID Miscellaneous $400.0000 66 Retain Fee (Flat fee should the quantity ordered notfit intothe tank) $/Gal 1 $150.0000 $150.0000 Yes FLAT FEE 67 Emergency Delivery (Weekend Delivery, Holiday Delivery, After Normal Business Hours $/Gal 1 $250.0000 $250.0000 Yes FLAT FEE Delivery) Wet Hose Service (Base Price = Los Angeles CA OPIS Gross 10:00 AM EST Daily Rack Average With Car+) $3.5989 68 Gasoline $/Gal 1 $1.0675 $1.0675 Yes 69 ULSD#2 Clear $/Gal 1 $0.8401 $0.8401 Yes 70 Renewable Clear Diesel (RD95) $/Gal 1 $0.9000 $0.9000 Yes 71 Renewable Clear Diesel (RD99) $/Gal 1 $0.7913 $0.7913 Yes Fuel Tender (Reduced Rate) $0.9250 72 2,500+ EA 1 $0.1000 $0.1000 Yes BASE PRICE = LA OPIS GROSS 1 CAM EST DAILY RACK AVG WITH CAR 73 1,500 - 2,499 EA 1 $0.1250 $0.1250 Yes BASE PRICE = LA OPIS GROSS 1 CAM EST DAILY RACK AVG WITH CAR 74 1,000 - 1,499 EA 1 $0.2000 $0.2000 Yes BASE PRICE = LA OPIS GROSS 1 CAM EST DAILY RACK AVG WITH CAR 75 99 - 999 EA 1 $0.5000 $0.5000 Yes BASE PRICE = LA OPIS GROSS 1 CAM EST DAILY RACK AVG WITH CAR Fuel Tender (Standard Rate) $0.9250 76 2,500+ EA 1 $0.1000 $0.1000 Yes BASE PRICE = LA OPIS GROSS 1 CAM EST DAILY RACK AVG WITH CAR 77 1,500 - 2,499 EA 1 $0.1250 $0.1250 Yes BASE PRICE = LA OPIS GROSS 1 CAM EST DAILY RACK AVG WITH CAR 78 1,000 - 1,499 EA 1 $0.2000 $0.2000 Yes BASE PRICE = LA OPIS GROSS 1 CAM EST DAILY RACK AVG WITH CAR 79 99 - 999 EA 1 $0.5000 $0.5000 Yes BASE PRICE = LA OPIS GROSS 1 CAM EST DAILY RACK AVG WITH CAR Fuel Tender (Extended Rate) $0.9250 80 2,500+ EA 1 $0.1000 $0.1000 Yes BASE PRICE = LA OPIS GROSS 1 CAM EST DAILY RACK AVG WITH CAR 81 1 500 - 2.499 EA 1 80.1250 80.1250 Yes BASE PRICE = LA OPIS GROSS 1 CAM EST DAILY RRCR R0� 0111 A E7lI! City Council 23 - 40 12/20/2022 PlanetBids, Inc. City of Santa Ana Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST) Page 5 of 7 Printed 11/18/2022 L62 1,000- 1,499 I 83 99 - 999 Fuel Tmiler (Reduced Rate) EA 1 $0.2000 $0.2000 Yes BASE PRICE = LA OPIS GROSS 10AM EST DAILY RACK AVG WITH CAR EA 1 $0.5000 $0.5000 Yes BASE PRICE = LA OPIS GROSS 10AM EST DAILY RACK AVG WITH CAR $540.0000 City Council PlanetBids, Inc. 23-41 12/20/2022 City of Santa Ana Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST) Page 6 of 7 Printed 11/18/2022 Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment 84 2,500a EA 1 $180.0000 $180.0000 Yes PER HOUR 85 1,500 - 2,499 EA 1 $180.0000 $180.0000 Yes PER HOUR 86 Less than 1,000 EA 1 $180.0000 $180.0000 Yes PER HOUR Fuel Trailer (Standard Rate) $660.0000 87 2,500a EA 1 $220.0000 $220.0000 Yes PER HOUR 86 1,500 - 2,499 EA 1 $220.0000 $220.0000 Yes PER HOUR 89 Less than 1,000 EA 1 $220.0000 $220.0000 Yes PER HOUR Fuel Trailer (Extended Rate) $810.0000 90 2,500a EA 1 $270.0000 $270.0000 Yes PER HOUR 91 1,500 - 2,499 EA 1 $270.0000 $270.0000 Yes PER HOUR 92 Less than 1,000 EA 1 $270.0000 $270.0000 Yes PER HOUR City Council PlanetBids, Inc. 23 — 42 12/20/2022 City of Santa Ana Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST) Page 7 of 7 Printed 11/18/2022 Line Item Subtotals Section Title 87 Octane (Bulk Fuels Full Truck and Trailer, Delivery Size = 7,000+ Gallons) - (BASE PRICE = LOS ANGELES CA OPIS GROSS 10:00 AM EST DAILY RACK AVERAGE WITH CAR+) 87 Octane (Smaller Tank Less Than Full Truck, Delivery Size = 3,500 - 6,999 Gallons) - (BASE PRICE = LOS ANGELES CA OPIS GROSS 10:00 AM EST DAILY RACK AVERAGE WITH CAR+) Diesel - Type 2 Clear (Bulk Fuels Full Truck and Trailer, Delivery Size = 7,000+ Gallons) - (BASE PRICE = LOS ANGELES CA OPIS GROSS 10:00 AM EST DAILY RACK AVERAGE WITH CAR+) Diesel - Type 2 Clear (Smaller Tank Less Than Full Truck, Delivery Size = 3,500 - 6,999 Gallons) - (BASE PRICE = LOS ANGELES CA OPIS GROSS 10:00 AM EST DAILY RACK AVERAGE WITH CAR+) Renewable Clear Diesel (RCD) - RD 99 - (Bulk Fuels Full Truck and Trailer, Delivery Size = 7,000+ Gallons) - Derive same index from Diesel - Type 2 Clear Renewable Clear Diesel (RCD) - RD 99 - (Small Fuels Full Truck and Trailer, Delivery Size = 3,500 - 6,999 Gallons) - Derive same index from Diesel - Type 2 Clear Renewable Clear Diesel (RCD) - RD 95 - (Bulk Fuels Full Truck and Trailer, Delivery Size = 7,000+ Gallons) - Derive same index from Diesel - Type 2 Clea Renewable Clear Diesel (RCD) - RD 95 - (Small Fuels Full Truck and Trailer, Delivery Size = 3,500 - 6,999 Gallons) - Derive same index from Diesel - Type 2 Clear Red Dyed ULSD #2 (Smaller Tank Less than Full Truck, Delivery Size: 500 — 1,000 gallons) - (BASE PRICE = LOS ANGELES CA OPIS GROSS 10:00 AM EST DAILY RACK AVERAGE WITH CAR+) Red Dyed ULSD #2 (Smaller Tank Less than Full Truck, Delivery Size: 1 — 499 gallons) - - (BASE PRICE = LOS ANGELES CA OPIS GROSS 10:00 AM EST DAILY RACK AVERAGE WITH CAR+) Liquid Propane (Optional - Will not be evaluated) Miscellaneous Wet Hose Service (Base Price = Los Angeles CA OPIS Gross 10:00 AM EST Daily Rack Average With Car+) Fuel Tender (Reduced Rate) Fuel Tender (Standard Rate) Fuel Tender (Extended Rate) Fuel Trailer (Reduced Rate) Fuel Trailer (Standard Rate) Fuel Trailer (Extended Rate) Line Total ($0.0396) ($0.0124) $0.0136 $0.0402 ($0.1040) ($0.0774) $0.0734 $0.1000 $1.6600 $3.9000 $0.0000 $400.0000 $3.5989 $0.9250 $0.9250 $0.9250 $540.0000 $660.0000 $ 810.0000 Grand Total $2,421.9277 City Council PlanetBids, Inc. 23 — 43 12/20/2022 Finance and Management Services www.santa-ana.org/finance Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: American Rescue Plan Act (ARPA) Consulting Services AGENDA TITLE: Approve an Agreement with Guidehouse Inc. for American Rescue Plan Act (ARPA) Compliance Consulting Services (Revive Santa Ana Program) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Guidehouse Inc. for ARPA Consulting Services for a two-year term, beginning December 20, 2022 through December 19, 2024 with a provision for two one-year renewals exercisable by the City Manager, for a total aggregate amount not to exceed $400,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On July 20, 2021, the City Council authorized the Revive Santa Ana Spending Plan made possible by the American Rescue Plan Act (ARPA) through U.S. Department of Treasury (DOT) Coronavirus State and Local Fiscal Recovery Funds (SLFRF). The spending plan is intended to protect and revive the Santa Ana community as it emerges from the impacts of the COVID-19 pandemic. The City is responsible for the effective administration of these funds in accordance with the SLFRF Compliance and Reporting Guidance and the Uniform Guidance of the Office of Management and Budget (OMB). The City must implement robust internal controls and effectively monitor the Revive Santa Ana projects to ensure compliance with all applicable federal rules and regulations. In order to support City staff with these efforts, City Council authorized a new consulting services agreement with Guidehouse Inc. (Formerly Grant Thornton Public Sector, LLC) on December 21, 2021 after the Finance and Management Services Agency performed a competitive process via Request for Qualifications (RFQ) No. 21-093. The agreement was authorized for an initial trial period of six -months plus a six-month extension, which expires on December 21, 2022. Guidehouse Inc. has provided staff valuable assistance in addressing various compliance questions and reporting requirements, and shared their in-depth knowledge of the SLFRF guidelines with staff during the first year of the agreement. As the City continues to expend the SLFRF funds on Council approved projects through December 2026, staff City Council 24 — 1 12/20/2022 Amendment to a contract to Guidehouse Inc. for American Rescue Plan Act (ARPA) consulting services December 20, 2022 Page 2 expects ongoing compliance related requests. Having a consultant with a high level of technical knowledge and experience in federal grant management and audits as a resource will allow the City to manage SLFRF funded projects more effectively and ensure continued compliance with grant guidelines. As such, staff recommends contracting with Guidehouse Inc. to perform ARPA consulting services for a period of two years with a provision for two one-year renewals in accordance with the terms and conditions of RFQ No. 21-093. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $400,000 are currently available in the following accounting account. Any remaining balances not expended at the end of the fiscal year will be carried forward into next fiscal year for expenditure. Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description FY22-23 18110013-62300 American ARPA-FMSA $100,000 Rescue Plan Act (ARPA) FY23-24 18110013-62300 American ARPA-FMSA $100,000 Rescue Plan Act (ARPA) FY24-25 18110013-62300 American ARPA-FMSA $100,000 Rescue Plan Act (ARPA) FY25-26 18110013-62300 American ARPA-FMSA $100,000 Rescue Plan Act (ARPA) EXHIBIT 1. Professional Services Agreement — ARPA Consulting Services Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 24 — 2 12/20/2022 EXHIBIT 1 AGREEMENT WITH GUIDEHOUSE INC. TO PROVIDE AMERICAN RESCUE PLAN ACT (ARPA) CONSULTING SERVICE THIS AGREEMENT is made and entered into on this 20th day of December, 2022, by and between Guidehouse Inc., a Delaware 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. On July 20, 2021, the City Council authorized the Revive Santa Ana Spending Plan made possible by the American Rescue Plan Act ("ARPA") through U.S. Department of Treasury ("DOT") Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF"). The spending plan is intended to protect and revive the Santa Ana community as it emerges from the impacts of the COVID-19 pandemic. B. On August 26, 2021, the City issued a Request for Qualifications No. 21-093 ("RFQ") seeking to retain a Consultant having special skill and knowledge in the field of implementing robust internal controls and effectively monitor the Revive Santa Ana projects to ensure compliance with all applicable federal rules and regulations to assist the City's Finance & Management Services Agency with navigating and complying with the evolving and complex regulatory and programmatic CSLFRF guidance. C. On December 21, 2021, the City entered into Agreement #A-2021-253 ("Agreement") with Grant Thornton Public Sector, LLC ("Grant Thornton"), to provide services, as detailed in the RFQ, attached hereto as Exhibit A to the Agreement. The term of the Agreement runs until December 21, 2022. D. On September 30, 2022, Grant Thornton officially merged with Guidehouse Inc., and pursuant to the terms of the Agreement, Consultant has provided American Rescue Plan Consulting Services to the City. E. Consistent with the City's purchasing rule and regulations, City seeks to engage Consultant to provide this vital consulting service per the requirements established by the RFQ by way of a new agreement with the Consultant. Consultant represents that it is able and willing to provide such services to the City. F. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: City Council 24 — 3 121+%�Q�? f 12 SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Grant Thornton's Proposal to the RFQ attached hereto as Exhibit A and incorporated by reference. Consultant warrants that it shall perform the services in accordance with applicable professional standards. This warranty is in lieu of, and Consultant expressly disclaims, all other warranties, express, implied or otherwise, including without limitation any implied warranties of merchantability or fitness for a particular purpose. Consultant does not warrant computer hardware, software or services provided by other parties not retained by Consultant to provide services pursuant to this Agreement. 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 in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed Four Hundred Thousand Dollars and Zero Cents ($400,000). 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 that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. As the recipient of ARPA CSLFRF funds, Consultant will be required to comply with any and all compliance requirements for the use of CSLFRF funds, any and all reporting requirements for expenditures of CSLFRF funds, as well as compliance with 2 CFR 200.332 regarding pass -through entities. 3. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to two (2) one- (1) year extensions, exercisable by a writing by the City Manager and the City Attorney, 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 the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be City Council 24 — 4 12/2p% 0Qyo f 12 responsible for all applicable withholding taxes. Consultant may use third -parties to provide administrative and operational support to Consultant business operations. All of these third party service providers are subject to confidentiality obligations to protect the confidentiality of City data. Such entities may be located within or outside the United States. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, Deliverables, as defined in the statement of work, 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 delivered by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City, provided however that Consultant shall be entitled to rely on all information, data, reports and other materials provided by the City. The information contained in documents prepared by Consultant in the course of providing services under the terms of this Agreement is for the sole use of the City in accordance with the purpose of this Agreement hereunder. The Deliverables are not for a third party's benefit or reliance, and Consultant disclaims any contractual or other responsibility or duty of care to others based upon the Services, Work Product or Deliverables. Any Work Product, Deliverables, or documents delivered by Consultant shall be released only in accordance with the California Public Records Act or with the prior written permission of Consultant. Except to the extent expressly provided hereto to the contrary, no third -party beneficiaries are intended under this Agreement. Consultant shall retain sole and exclusive ownership of and all right, title and interest in and to any know-how, concepts, techniques, methodologies, ideas, processes, models, templates, tools, utilities, routines and trade secrets of Consultant that existed prior to this engagement or that, to the extent they are of general application, may have been discovered, created or developed by Consultant as a result of its own efforts during this engagement (collectively, the "Consultant Property"). The City shall acquire no rights or interest in the Consultant Property, except for a non-exclusive, non-transferrable, royalty -free right to use such Consultant Property solely in connection with any deliverable or work product to the extent any Consultant Property is incorporated therein. The City will not sublicense or otherwise grant any other party any rights to use, copy or otherwise exploit or create derivative works from the Consultant Property. Consultant's work papers are not part of the Deliverables and shall remain the confidential property of Consultant in accordance with professional standards. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance City Council 24 — 5 12/2p% 0Q ?o f 12 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): insurance appropriate to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate. 5. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. City Council 24 — 6 12/2p% 0O ?of 12 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. City Council 24 — 7 12/2p% 0O?o f 12 The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 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 Consultant, 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 due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep fee and expense information and work product documentation City Council 24 — 8 12/2p% 0QWo f 12 ("Records") and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such Records and invoices shall be clearly identifiable. Upon reasonable advance notice, Consultant shall allow the City to examine, audit, and make transcripts or copies of such Records pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all Records related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Notwithstanding the foregoing or anything in this Agreement, nothing in this section or any audit or inspections hereunder, shall violate or cause Consultant to violate any of Consultant's professional standards, privacy, confidentiality or legal obligations. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law, legal action or order of accounting oversight body; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified 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 disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other 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. City Council 24 — 9 1212p% 0Q� f 12 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(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. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. Consultant reserves the right to, in whole or in part, decline to perform services if information comes to its attention indicating that performing any Services could cause Consultant to be in violation of applicable law, regulations or standards or in a conflict of interest, or to suffer reputational damage. 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 City Council 24 — 10 12/2p% 0QWo f 12 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 California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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: Executive Director, Finance and Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5414 City Council 24 —11 12/2p% 0Q;o f 12 To Consultant: Guidehouse Inc. Attn: Office of the General Counsel 1676 International Drive, Ste. 80 McLean, VA 22102 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. 20. FUNDING -RELATED PROVISIONS Funds from CSLFRF program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act"); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act, available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf, C. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury. gov/system/files/ 13 6/SLFRF-Compliance-and-Reporting-Guidance.pdf; d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and Federal contract provisions attached hereto as Exhibit B and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except City Council 24 — 12 12RW/ ?Q ?f 12 as otherwise required under federal law or regulation, the more stringent requirement shall control. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. d. The City agrees to the use of electronic methods to transmit and receive information, including confidential information. Consultant shall not be responsible or liable for any (i) service interruptions of or (ii) corruption or damages (whether direct, indirect, consequential or otherwise) to the City's or third party's information systems and the information and data contained therein, including but not limited to denial of access, automatic shut -down of information systems caused by or resulting from Consultant's performance of the Services, to the extent such interruptions and damages were beyond its reasonable control upon exercise of reasonable and customary security and other measures as customary in the industry. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager [signatures continued on next page) City Council 24 — 13 12RW/ 9?f 12 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: B on Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Kathryn Downs, CPA Executive Director Finance and Management Services Agency CONSULTANT: Graeme Finley Partner City Council 24 — 14 12RW/ qj?f 12 EXHIBIT A PROPOSAL TO RFQ City Council 24 — 15 12/20/2022 00 GrantTharnton City of Santa Ana American Rescue Plan Act Consulting Services RFQ #21- 093 Proposal November 3, 2021 City of Santa Ana American Rescue Plan Act Consulting Services Proposal Prepared for: Prepared by: City of Santa Ana 0�0 GrantThcrnton 20 Civic Center Plaza Santa Ana, CA 92702 In response to RFQ# 21- 093 4695 MacArthur Ct Suite 1600 Dated September 13, 2021 Newport Beach, CA 92660 Addendum 1, September 2, 2021 www.grantthornton.com Addendum 2, September 7, 2021 Point of Contact: Graeme Finley, Principal T 571.242.0478 F 916.449.3981 Qraeme.FinIeyC@.us.qt.com On January 1, 2020, Grant Thornton LLP ("Grant Thornton LLP" or "Parent"), a federal and state and local government contractor since 2001, reorganized its Public Sector service line into a wholly -owned subsidiary named Grant Thornton Public Sector LLC. All of the assets and personnel associated with Grant Thornton LLP's government practice (except for its government financial audit and attest practice that will remain with the Parent) have been transferred to the new subsidiary, Grant Thornton Public Sector LLC. Grant Thornton LLP and Grant Thornton Public Sector LLC have entered into a Services Agreement, which provides for the two entities to provide assistance to each other on government contract opportunities and engagements. Grant Thornton LLP and Grant Thornton Public Sector LLC are each other's primary teaming partners, as specially demonstrated throughout this proposal (in addition to other specified subcontractors, collectively "Team Grant Thornton"). This proposal or quotation includes data that shall not be disclosed outside the Government and shall not be duplicated, used or disclosed — in whole or in part — for any purpose other than to evaluate this proposal or quotation. If, however, a delivery order is awarded to this offeror or quoter as a result of — or in connection with — the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subiect to this restriction is contained in sheets marked "Use or disclosure of data contained on this sheet is subiect to the City Council restriction on the title page of thi�Wr pojjor quotation." 12/20/2022 Grant Thornton Public Sector LLC November 3, 2021 Sarah Ro, Accounting Manager City of Santa Ana — Finance and Management Services Agency 20 Civic Center Plaza Santa Ana, CA 92701 City of Santa Ana I RFQ 21- 093 Revised Proposal Subject: REQUEST FOR QUALIFICATIONS (RFQ) NO. 21- 093 FOR AMERICAN RESCUE PLAN ACT CONSULTING SERVICES (Revised Scope of Work) Dear Ms. Ro: Thank you for the opportunity to demonstrate how we can support the City of Santa Ana (City) manage funding received from the American Rescue Plan Act (ARPA) by providing comprehensive financial management and advisory services. The City's Revive Santa Ana Spending Plan outlines a bold program to continue its response to the COVID-19 public health emergency and achieve a holistic and equitable recovery to its effects. Our response will demonstrate proven experience and qualifications assisting communities to effectively manage funding received from the federal government to implement a wide range of projects to recover, restore, and grow vital community services and facilities. Our team is excited for the opportunity to bring the experience, methods, and knowledge we have gained over years of federal fund management, including recent experience managing all the major COVID-19 response and recovery funds (Provider Relief Fund, Coronavirus Relief Fund, FEMA Public Assistance, Homeowner Assistance Fund, and Paycheck Protection Program), to join the City's team in implementing the Revive Santa Ana Spending Plan. Outside of our grants core competency, we are a management consulting firm with relationships that will flexibly support the City's needs as they arise. This includes a robust information technology advisory practice, teams working at the Federal level with U.S. Treasury and other Federal program owners. Plan. Our firm has performed hundreds of Single Audits for grant recipients and supports our clients in being `audit ready' when we are not the auditor. We are monitoring for the Fall release of the 2CFR200 Appendix XI Compliance Supplement which will provide detailed audit guidance for ARPA-related programs. In the meantime, we have developed checklists based on the August 2021 audit guidance. We are proposing single audit expertise as part of our team. The Grant Thornton Team has local technical and industry capabilities backed by a global infrastructure and subject matter experts. We have over 250 Grant Thornton partners and professionals in the greater Los Angeles area, we are committed to delivering the City of Santa Ana the right people with various skill sets across Public Sector. The Southern California practice is comprised of offices in Los Angeles, Irvine and San Diego. Our Los Angeles office serves both public and private clients in a variety of industries including state and local government, entertainment, aerospace and defense, high tech, and professional services. On Thursday, October 28, our team participated in an interview with staff from the City's Finance and Management Service Agency to review and clarify our team's approach to the revised scope work for Request for Services Number 21-093. As discussed in the interview, our team fully understands, and accepts, the revisions to the scope of work made by the City. To demonstrate our team's understanding and acceptance of the City's revisions, we have revised our original response to RFQ 21-093 via a red- line and strikethrough format. In this format, the City will be able to easily identify the changes we have made to our proposal and approach to align to the City's expectations for professional services. eftYr8!6bfvalof data contained on this sheet is subject to thi2wtricica on the title page of this propGJJ/20?2t®22 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal As the leader of our California Public Sector Practice, I am authorized to commit the firm to agreements. Thank you again for the opportunity for us to demonstrate how we can support the City. Our proposed Scope of Services and cost proposal are valid for 90 calendar days. If you have any questions or would like to schedule a presentation by our team, please contact me, Graeme Finley (graeme.finlev(@us.gt.com or 571-242-0478) or our contract specialist, Virginia Dawson (virginia.dawson(cDus.gt.com or 512-692-1235). Sincerely, Graeme Finley Principal T +1 571 242 0478 1 E graeme.finley@us.gt.com eftYr8!6Ufvalof data contained on this sheet is subject to thi2!4stric1c!Y on the title page of this prop"/20?2f®22 Grant Thornton Public Sector LLC Table of Contents City of Santa Ana I RFQ 21- 093 Revised Proposal 1.0 Agreement Statement....................................................................................................................... 4 2.0 Firm and Team Experience.............................................................................................................14 2.1 Description of Grant Thornton..................................................................................................... 14 2.2 Project Manager: Dustin Hinkel................................................................................................... 14 2.3 Staff Experience and Resumes................................................................................................... 17 2.4 Proposer's Experience Providing ARPA Consulting Services .................................................... 20 2.5 Data Requirements from City......................................................................................................31 2.6 Limits on Liability.........................................................................................................................32 2.7 Warrant of Errors and Omissions Insurance...............................................................................32 2.8 Authorized Signer........................................................................................................................32 2.9 Pending Legal Actions and Litigations........................................................................................ 32 3.0 Cost Proposal..................................................................................................................................33 4.0 Certifications....................................................................................................................................35 4.1 Attachment A: References......................................................................................................... 35 4.2 Attachment B: Proposer's Statement..........................................................................................38 4.3 Attachment C: Non -Collusion Affidavit........................................................................................40 4.4 Attachment D: Non -Lobbying Certification..................................................................................43 4.5 Attachment E: Non -Discrimination Certification..........................................................................45 4.6 Attachment F: Resumes..............................................................................................................48 5.0 References...................................................................................................................................... 61 6.0 Evidence of Financial Capacity.......................................................................................................62 7.0 Insurance......................................................................................................................................... 63 List of Tables: Table 1: Features and Benefits.....................................................................................................................3 Table 2: Grant Thornton's ARPA Consulting Experience...........................................................................20 List of Figures: Figure 1: Organizational Chart....................................................................................................................17 Figure 2: Grant Thornton Personnel Experience........................................................................................17 tsftYr8bdhaiof data contained on this sheet is subject to th2r4strilv on the title page of this ro Grant Thornton Public Sector LLC Executive Summary Background City of Santa Ana I RFQ 21- 093 Revised Proposal The American Rescue Plan Act (ARPA) of 2021 is the latest COVID-19 stimulus package approved by the U.S. Congress and signed into law by President Biden on March 11, 2021. ARPA is a $1.9 trillion economic stimulus bill. Within ARPA, the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) provides $350 billion in direct funding for states, municipalities, counties, tribes and territories including $130 billion for local governments. The SLFRF provides a substantial infusion of resources to help cities like Santa Ana with economic stabilization, equity realization and the pursuit of fiscal recovery. In response to the extraordinary and unprecedented social and economic impacts of the ongoing, public health emergency caused by the Coronavirus pandemic, the City of Santa Ana developed and adopted the Revive Santa Ana Spending Plan. This comprehensive response and recovery program will provide critical investments to enable the successful continuation of the City's short-term response and long-term community recovery. Critical priority projects have been identified to support the recovery through direct program assistance; public health and safety initiatives; investments in critical infrastructure; and supporting the City's fiscal health. To implement the Revive Santa Ana Plan, the City requires assistance with navigating and complying with the evolving and complex regulatory and programmatic guidance frameworks developed for the various funds created by ARPA, specifically the SLFRF. The City is seeking support with project eligibility determinations, developing and supporting required program reports, compliance with the Uniform Guidance (2 Code of Federal Regulations (CFR) 200)' for administrative requirements, cost principles procurement requirements, and subrecipient monitoring. Grant Thornton and the Grant Thornton Team. At Grant Thornton, we believe in making business more personal and building trust into every result. We are committed to quality, purpose -driven results and value relationships. Grant Thornton's risk services portfolio includes solutions that offer program management, equitable distribution of funds, emergency grants management, fraud detection and prevention, internal controls, eligibility quality assurance, pre - audit readiness and strategic program integrity services, We assist clients overcome the complex regulatory landscapes to implement critical projects and social services that meet the needs of citizens and their communities. Our team is comprised of former state finance directors, city and county administrators, mayors, governors, grants specialists, and government financial managers who have seen firsthand what it takes to make financial recovery successful. In California, we support pandemic relief funding requirements for Marin County, Golden Gate Bridge and the Southern California Regional Rail Authority (Metrolink). We serve governments at the federal, state, and local levels, which has afforded us a unique perspective on the obstacles inherent in managing federal grant and audit readiness processes. Grant Thornton Public Sector LLC is a wholly -owned subsidiary of a large CPA firm (Grant Thornton LLP) with a track record of 97 years serving clients in audit, tax and advisory services across 51 offices in the United States. We have solidified our commitment to serving clients in California by establishing offices in Irvine, Los Angeles, Sacramento, San Diego, Silicon Valley, and San Francisco. On December 26, 2013, OMB Circular A-133 was superseded by the issuance of 2 CFR part 200, subpart F. Among other things, those changes increased the audit threshold to $750,000 for auditee fiscal years beginning on or after December 26, 2014 and made changes to the major program determination process. The Compliance Supplement (Supplement) is based on the requirements of the 1996 Amendments and 2 CFR part 200, subpart F, which provide for the issuance of a compliance supplement to assist auditors in performing the required audits. eftYr8!6bfvalof data contained on this sheet is subject t1 thi2�stric� on the title page of this propca��/20?2t®22 Grant Thornton Public Sector LLC Features and Benefits City of Santa Ana I RFQ 21- 093 Revised Proposal As discussed throughout our response, our team offers several differentiators s. As a large firm, we provide cost-effective access to specialized expertise as questions arise. We pride ourselves on delivering excellent client service and staffing our engagements with true subject matter experts. I Features of Our Approach I Benefits to the City of Santa Ana I Evidence I Comprehensive Understanding of Balanced advice, and consideration Our knowledge of the full recovery Recovery Funding Options for similar program models when landscape uncovered opportunities reviewing eligibility. to maximize program dollars for New Castle County (FEMA PA/CRF) and healthcare clients (PRF/FEMA PA) Compliant, Efficient Reports Specialized Expertise in Lost Revenue Calculations Specialized Compliance Monitoring Expertise Experienced Audit Readiness Grant Thornton, as one of the nation's largest audit, tax and advisory firm, is well equipped to support the City's ARPA reporting needs. Our team will build and maintain a framework to efficiently extract and analyze data required for reporting project performance. Defensible lost revenue calculations. Our understanding and close monitoring of US Treasury OIG guidance will confirm that costs claimed are substantiated and compliant with current legislation and any and all updates to existing guidelines. The City will have access to all the knowledge we've gathered throughout our interactions with Federal and state agencies, including communications, best practices and compliance playbooks that have been tested against regulatory frameworks such as 2.CFR.200. These resources are constantly updated by our Subject Matter Experts who are supported by dedicated policy analysts. The proposed team includes a dedicated single audit subject matter expert and the City can tap into an extensive network of public sector auditors In our service to the nation's largest healthcare systems our grants team built custom templates to assist our clients identify, calculate, and report expenses and lost revenues attributable to COVID-19 in compliance with Provider Relief Fund requirements. For the past 3 years, the Grant Thornton team has efficiently completed over 250 federal fiscal accountability reports, on a quarterly basis, on behalf of the state of Florida's Region 4 subrecipients across 8 counties to the Public Assistance Program Our team has helped dozens of clients interpret, understand, and apply methods to calculate and demonstrate lost revenues. Grant Thornton has served as a Uniform Guidance compliance monitor for the states of Florida and Texas to efficiently review and provide compliance risk assessments and corrective action plans on over 3,100 applications for the reimbursement of over $285M through the Public Assistance Program Grant Thornton's New Castle CRF management team has drafted several eligibility and position statements on behalf of the County to align project costs to the Treasury's guidance requirements and 2 CFR 200 best practices. In supporting the state of Florida and New Castle County, the Grant Thornton team compiles and maintains support and justification documentation in organized packages specifically set up to assist clients and demonstrating eftYr !6b lof data contained on this sheet is subject t2 th� s— 2 on the title page of this prop"/20jp2f®22 Grant Thornton Public Sector LLC Specialized training developed and delivered by subject matter experts Infor Experience Table 1: Features and Benefits Response Through our teams' interactions with City staff, we will be able to identify potential training opportunities to enhance the City's understanding of prevalent reporting and compliance risks for COVID-19 relief funding Infor is a strategic teaming partner for Grant Thornton. We have a deep bench of resources with experience implementing Infor's Lawson ERP product City of Santa Ana I RFQ 21- 093 Revised Proposal compliance auditing standards and best practices Grant Thornton has developed and delivered a training program related to both FEMA Grants Management and COVID-19 CARES Act, as well as supporting documents related to procurement practices, documentation requisitions, and program administration. This would help the City gain the subject matter expertise as they relate to the CARES Act and grants management. Infor is a strategic teaming partner for Grant Thornton, with a particular focus on serving Public Sector customers. We have a deep bench of resources with experience implementing Infor's Lawson ERP product, and were named Infor's overall Partner of the Year in 2019. Our response provides a competent, professional team with expertise helping local governments and entities navigate the complex and dynamic regulatory environment of COVID-19 response, recovery, and relief funds. As demonstrated throughout our response with our extensive experience, we provide the City with the confidence that decisions made, and actions taken to advance the goals of maximizing its residents' recovery from the impacts of the COVID-19 public health emergency, will be based on experience and expertise. eftyr8!6Ufvalof data contained on this sheet is subject to thi2wtrictn on the title page of this prop"/20?2t®22 Grant Thornton Public Sector LLC 1.0 Agreement Statement City of Santa Ana I RFQ 21- 093 Revised Proposal Grant Thornton accepts in principle the contract terms and conditions included in the solicitation as drafts of certain provisions of a contract, the final terms of which we anticipate being mutually negotiated through clarifications, changes and additional provisions to cover the circumstances of the engagement as finally awarded. Grant Thornton reserves the right to negotiate the terms and conditions outlined in the City's solicitation and as required by our industry professional standards for the mutually agreed upon scope of services to be provided to the City by Grant Thornton. We are confident that we will be able to come to a mutually satisfactory agreement with the City regarding terms and conditions, as we have many times in the past in similar procurement situations with public sector entities. The included terms and any specified exceptions shall not be interpreted to prohibit Grant Thornton from proposing additional or alternative contract terms and conditions during negotiation of the final contract upon award. eftYr8!6Ufvalof data contained on this sheet is subject to thi2wtric24 on the title page of this prop"/20?2f®22 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 2.0 Firm and Team Experience 2.1 Description of Grant Thornton Grant Thornton LLP is the U.S. member firm of Grant Thornton International Ltd, one of the world's leading organizations of independent assurance, tax, and advisory services. Proactive teams, led by approachable partners, use data, best practices, experience, and instinct to understand complex issues for public sector, privately owned, and publicly listed clients. More than 8,000 Grant Thornton personnel, across over 51 offices (including six across California - Los Angeles, over 250 partners, managers and staff in our Orange County office, Sacramento, San Diego, San Francisco and Silicon Valley), are focused on making a difference to clients, colleagues and the communities in which we live and work. Grant Thornton Public Sector Practice Grant Thornton launched its Public Sector Advisory Services in 1997. Since then, we have provided grants management and compliance services across the spectrum of federal, state and local agencies. We bring subject matter experts to assist in designing an overall framework under which recovery program funds are evaluated and planned. We help the City conduct necessary analyses to understand the eligibility restrictions and compliance requirements of proposed projects for SLFRF funding. In this manner, program goals are established to align funds where and when they are needed. In reviewing the scope of work, a clear foundational requirement for grants and financial management experience exists. This is a core competency within Grant Thornton Public Sector, and for the firm as a whole. At the Federal level, we have provided grants oversight and grantee technical assistance services on behalf of the largest awarding agencies in government. At the State and Local levels, we help recipients manage hundreds of direct federal grants and state -pass through grants, including detailed reviews of eligible expenses. We currently provide clients with COVID-19 relief fund support across the funding life cycle. Recent examples include engagements by the counties of New Castle, Delaware and Marin, California to help them manage CARES Act, ARPA and other COVID-19 relief grants by administering pass -through funding to hundreds of subrecipients. We provide these recent examples in our past performance write- ups. During the COVID-19 pandemic, members of our proposed team assist dozens of non-profit, and for - profit, healthcare providers manage and report on the use of over $640 million in payments from the Department of Health and Human Services' Provider Relief Fund. 2.2 Project Manager: Dustin Hinkel Mr. Hinkel is a dynamic and innovative leader with over 12 years' experience in the fields of emergency management and local government administration. Dustin began his career in emergency management and public service by focusing his university education on the physical and societal effects of natural and technological hazards. He leveraged his education and continued his professional development to become the youngest County Emergency Management Director and, later, County Administrator in the state of Florida. His special expertise is in the areas of local government administration, grants management, crisis response, management, and recovery, strategic planning, and policy development and implementation. Representative Sample of PRF Clients Dustin Hinkel as a key delivery team member Client Location tlantiCare Egg Harbor, NJ HRC New York City, NY Beebe Health Lewes, DE Berkshire Health Pittsfield, MA Doylestown Hospital PA —Doylestown, Geisin er Health Danville, PA Grand View Health Sellersville, PA Indiana University Health Indianapolis, IN Maine Health Portland, ME Rutgers University Health New Brunswick, NJ St. Francis Health Girardeau, MO —Cape St. Joseph Hospital System Paterson, NJ Wells an Health York, PA Mr. Hinkel has led teams providing financial management and advisory services to recipients of federal funding from every major Coronavirus related legislation passed by the Congress, including the State and Local Fiscal Recovery Fund (Treasury), Coronavirus Relief Fund (Treasury), Provider Relief Fund (Health and Human Services), and COVID-19 Public Assistance Program (Homeland Security). 0ftYr8!6bfvalof data contained on this sheet is subject to 14thi2�stricM on the title page of this propca��/20?�t®22 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Mr. Hinkel will be responsible for leading the GT Team in its day-to-day operations supporting the City's team implementing, monitoring, and reporting the City's Revive Santa Ana Spending Plan. He will be available to the City, at the City's team's convenience, via email (dustin.hinkel(c_us.gt,com) and phone (850-545-7355). Dustin M. Hinkel, MA Dustin's Outstanding Qualifications for Project Manager • COVID-19 Relief funding experience includes: — Project Manager - Town of Elsmere, DE, State and Local Fiscal Recovery Fund ($5M) — Project Manager — New Castle County, DE, Coronavirus Relief Fund ($322M) — Project Manager — Berkshire Health Systems, MA, FEMA Public Assistance ($9M) — Subject Matter Expert — Multiple Healthcare Systems — Provider Relief Fund ($640M) • Mr. Hinkel's experience in local government includes service in the roles of County Administrator, Emergency Management Director, Assistant County Administrator, and Purchasing Director. • Mr. Hinkel is a Subject Matter Expert in the interpretation and application of the uniform administrative guidance for federal awards Mr. Hinkel meets or exceeds all requirements for Project Manager as stated in the SOW. Relevant Experience COVID-19 — Town of Elsmere, DE State and Local Fiscal Recovery Fund Management - Dustin serves as Project Manager leading engagement staff to assist the Town of Elsmere, DE manage, disburse, and document its payment from the US Treasury's State and Local Fiscal Recovery Fund. Mr. Hinkel performs research into the underlying legislation and guidance to produce eligibility determinations and justification documents on behalf of the Town. He also provides management consulting services to the Town and advises on support documentation and systems to maintain compliance with uniform administrative guidance for federal awards. COVID-19 — New Castle County, DE Coronavirus Relief Fund Grant Management - Dustin serves as Project Manager leading engagement staff to assist New Castle County, DE manage, disburse, and document its allocation of $322,000,000 from the US Treasury's Coronavirus Relief Fund. He manages a team of 9 testers reviewing over 336 applications received by NCC from Subrecipients. Dustin developed and implemented the tools and policies that the testers use to evaluate Subrecipient applications and supporting documentation for compliance with federal, state, and local policies and guidance. Dustin reviews internal applicable policies and procedures as well as newly created community grant programs and advises on compliance risk based on his research of the US Treasury's latest programmatic guidance and his experience managing federal and state disaster response and recovery grant programs. He continuously monitors the US Treasury for updates and clarifications to its reporting and programmatic guidance and develops position papers to inform the engagement team and the client of the impact of any observed changes. Dustin also assists NCC in the identification of costs eligible for the FEMA Public Assistance Program and leads the formulation and submission of project applications. COVID-19 — CARES Act and FEMA Public Assistance Implementation - Dustin serves as a Subject Matter Expert and the day-to-day engagement manager directly coordinating with and serving six hospital systems located throughout the United States, St. Joseph's Regional Medical Center in New Jersey, Berkshire Health System in Massachusetts, Doylestown Hospital in Pennsylvania, BayHealth in Delaware, Calvary Hospital in New York, Rutgers Behavioral Health System in New Jersey, and Grand View Hospital in Pennsylvania. He also serves as an as -needed grants management Subject Matter Expert for service lines throughout the firm regarding state and federal grant programs created in response to COVID-19. He leverages his grant management experience to review clients' cost documentation practices and develop and implement solutions to bring those practices into compliance to receive funding from the Departments eftyrC6 fiaof data contained on this sheet is subject to 15thi2�strile on the title page of this propca��/20?2t622 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal of Health and Human Services, Homeland Security, Commerce, and other federal and state funding agencies. He monitors and researches several funding opportunities, including DHHS's Provider Relief Fund, FEMA's Public Assistance Program, Treasury's Coronavirus Relief Fund, and FCC's Telehealth Program, and develops, implements, and manages funding strategies tailored to the needs of each client to maximize funding opportunities and returns on COVID-19 related costs and minimize risk for duplication of benefits. To date, Dustin has assisted his clients in the application, receipt, and allocation of over $200 million in funds received for the reimbursement of COVID-19 related costs. In his engagement with Berkshire Health Systems, Dustin has the led the formulation and submission of six applications to FEMA's Public Assistance Grant Program seeking reimbursement of over $8.5 million in emergency protective measures costs related to COVID. Dustin researched and developed cost justification narratives, summarized costs, compiled supporting documentation, and serves as a point of contact for BHS for questions regarding the applications. Florida Division of Emergency Management Region 4 Public Assistance Grants Management - Mr. Hinkel serves as a Team Lead within the FDEM Irma Public Assistance Program management engagement supervising a team of 8 grant management specialists and is responsible for the validation and management of over 85 disaster recovery projects totaling over $100 million in state and federal grant funding. The team, under Dustin's supervision and management, analyzes and validates 100% of Subrecipient supporting documentation for compliance with state and federal policy requirements. Dustin has innovated and implemented several process improvements and workflows to standardize procedures resulting in superior quality and maximum efficiency. Mr. Hinkel is often consulted by Team leadership, FDEM, and the over 1,200 subrecipients served by the Team as a Subject Matter Expert in the areas of grant management, 2 CFR 200 compliance, and state and local government fiscal accountability processes. As the Team Lead, Mr. Hinkel is responsible for the quality and delivery of all deliverables, communication with Subrecipients, and the performance of disaster recovery project site inspections. Taylor County, Florida Board of County Commissioners - Mr. Hinkel served the residents of Taylor County, Florida in multiple roles including as County Administrator and Emergency Management Director. As the County Administrator, Mr. Hinkel was responsible for all planning and operations of the county including providing overall supervision and leadership in the provision of critical public services to the residents and visitors of Taylor County, Florida. He reported to and coordinated with the elected board of County Commissioners to develop, implement, and monitor official policies, directives, and ordinances. Mr. Hinkel was responsible for negotiating, on behalf of the Board, all contracts and agreements with local constitutional officers, hospital executives, and state and federal agencies. He was responsible for developing for approval and implementation the county's annual operating and capital budget. As Emergency Management Director, Mr. Hinkel led the County's Emergency Response Team in its response and recovery from Hurricane Hermine, Tropical Storms Andrea and Debby, Deepwater Horizon, and several local non -federally declared emergencies. During these emergencies he built and oversaw the County's incident command system, including public information operations and state and federal agency coordination. During non -emergencies, he was responsible managing the day-to-day operations of the department including state and federal grants management and maintaining the county's all - hazards planning, training, and exercise program. Work H ■ Grant Thornton Public Sector LLC, August 2018 - present Disasters, Strategies, and Ideas Group, LLC, January 2017 — July 2018 ■ Taylor County Board of County Commissioners, December 2009 — December 2016 Education and Certifications M.A., Natural and Technological Hazards Geography, University of South Florida B.S.SCL, Environmental Science and Policy, University of South Florida 0ftYr8!6bfvalof data contained on this sheet is subject to6thi2wtric27 on the title page of this prop"/20?2t®22 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 2.3 Staff Experience and Resumes Grant Thornton provides a Program Accountability Office (PAO) to assist the City in managing and reporting upon recovery funds. The Program Controls and Standards and Reporting and Data Compliance teams assist the City in documenting an overall recovery framework to guide funding decisions, to identify and optimize grant opportunities, and to assess the eligibility of proposed uses. Our Federal Funding Compliance team establishes and documents foundational internal controls to enable compliance, conducting tests of internal controls on an agreed upon schedule. Below is an organizational chart demonstrating how our team is organized to meet the City's needs. Also included in this section is an experience matrix to concisely summarize our team's experience with the essential duties as outlined in the RFQ and brief background information for each of our team members. As requested in the RFQ, the resumes of all professional staff, detailing their educational background and relevant experience, are supplied in Section 4.6: Attachment F. As discussed in the October 28, 2021 interview, our team is experienced in working with public sector staff with varying experience and knowledge of federal uniform guidance requirements for the management of awards. Our approach to supporting the City's project managers will be tailored to each manager's experience and understanding of federal grants management processes and requirements. In all interactions, our team will prioritize education as part of our communications with project managers to enable increased efficiency in efforts for data gathering and reporting. Due to the size and ambiguity of the federal COVID-19 grants programs, each of our engagement teams have a federal Single Audit subject matter expert attached. Rachel Stushek will serve in this role and has experience developing training for public sector audiences on Uniform Guidance compliance and best practices. Upon the City's request, this training can be delivered in a manner to allow for earning CPEs. Figure 1: Organizational Chart Subject Matter Specialists David Barth State and Local Grants Compliance Rachel Stushek Audit Readiness City of Santa Ana Cross -Functional Expertise Support Team Figure 2: Grant Thornton Personnel Experience eftYr8! cbhalof data contained on this sheet is subject 1 othi2wtricM on the title page of this prop"/20?M22 Grant Thornton's Team Knowledge and Comparable Experience Reynolds, MBA, PMP ment Partner Morton-Huddleston, MBA, PMP, CGFM eer Hinkel, MA IM t Manager Poupee Kim, CICA Federal Funding Compliance Supervisor Christina Suthammanont, PhD, PMP Program Controls and Standards Supervisor Khiry Burke RData Compliance Supervisor Rk Audit SME Barth and Local Grants Compliance SME na Koo Functional Expertise Support Eric Fey Cross -Functional Expertise Support Tim Luzano Senior Compliance Specialist C Q Q N O w a5 d d r •> w LL Q N V aS N N LL J M >' O C Q 'O L •L O R p> E 2 a3 w M Q a� R y.. �� c w ; EW 0 CL 2E� R Q °o •V d `� N W G u° C i N= 3 N — r C O !' •O .+ Q > .� d 3 N C O �a V 3 �v L N V R V T O ++ £ N a) ate+ O E_ C RS R w E a) V d c a c E N CL u_ c O E-0 •— as as —y fa CL O_ V N O V O V V of W N d '� Oj d E N d R V r V L C N C OI 0 V C "C� "C� 41 'a i dL' Qi�d >, y �'a d> > LL > LL •> .«O, 3 O yw 'a_ -O 0 7 ar -O a)'3 V O to a O J a� O J a`� O R� d a` EQW > j R >. d > = "— d O 0 H iU Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal and authorities). Ms. Reynolds brings 20+ years of consulting experience, including 10+ years leading risk management (including grants management) engagements. ■ Poupee Kim, Federal Funding Compliance Supervisor. Poupee is a seasoned manager with extensive experience in providing disaster recovery, program management support and grant administration to federal, state and local governments. Her specific focus has been on Community Development Block Grant (CDBG) programs and FEMA Public Assistance funding, in the wake of Hurricanes Katrina, Rita, Ike, Irma and Michael. Ms. Kim has 15 years of quality control review, professional services and oversight consulting experience to state, local and federal government stakeholders. She is a Certified Internal Controls Auditor (CICA). ■ Dr. Christina Suthammanont, Program Controls and Standards Supervisor. Christina is a Senior Associate in Grant Thornton's Public Sector Digital Transformation and Management practice. Combined, she has twenty years' experience in higher education, customer engagement, resource optimization, and workforce analytics. She has led numerous independent and collaborative research projects, from initial documents review and data collection through analysis, reporting, and presenting to both technical and non -technical audiences. Christina has a doctorate (PhD) in quantitative political science and holds certification as a Project Management Professional (PMP). ■ Khiry Burke, Reporting and Data Compliance Supervisor. Khiry is a Senior Associate in Grant Thornton's Public Sector Risk Advisory and Management practice. Mr. Burke has 5+ years of experience in internal auditing, financial analysis, contracts compliance, federal grant monitoring, project database management, and support of system update/modernization. Khiry has lead teams through the Compliance Monitoring life cycle that resulted in quality deliverable submission. David Barth, State & Local Grants Compliance Subject Matter Expert. Dave will advise on all requirements of the ARPA/SLFRF award. He has over twenty years of experience with grants and financial management systems and over forty years of experience working with state governments focused on financial management solutions and advisory services. He leads multiple state and local government engagements supporting CARES Act, ARPA and FEMA disaster recovery activities. He has extensive experience with governmental business operations and is considered a subject matter expert in many fields within the firm. Prior to joining Grant Thornton, he was the Director of Budget and Finance for the New Jersey Department of Environmental Protection and was responsible for the overall financial management of the Department's operating budget, federal grant programs and debt funding. Rachel Stushek, Audit Subject Matter Expert. Rachel has over 17 years of experience providing auditing support to non-profit organizations. Ms. Stushek has approximately 4 years of experience working with Federal entities. She has experience serving under audits that were performed under Government Accountability Office (GAO) "Yellow Book" auditing standards, American Institute of Public Accountants (AICPA) auditing standards, and OMB Circular A-133/uniform guidance. Rachel leads audit and assurance engagements providing quality assurance role, risk management and serves as a consultative resource for technical questions and issues for various audits, performance audits, and examinations. ■ Susanna Koo, Cross -Functional Expertise Support. Susanna is a Senior Associate at Grant Thornton's Public Sector Los Angeles office with over 3 years of professional management consulting experience. Ms. Koo has led projects and teams to success utilizing strategic business planning. She has a strong ability to support all business functions and prioritize tasks to execute project deliverables. ■ Eric Fey, Cross -Functional Expertise Support. Eric is an adaptable professional applying general government experience in the public sector while located in our Sacramento office. Eric demonstrates proven talent for analyzing problems using data, developing, and simplifying procedural improvements and operations design. He has developed a particularly strong understanding of the following areas: technical report research, writing and editing, statistical Analysis, and project management. ■ Tim Luzano, Senior Compliance Specialist. Mr. Luzano is a Manager with Grant Thornton Public Sector, LLC. He is an accomplished data management practitioner overseeing engagements eftyrC6 fiaof data contained on this sheet is subject tothi2wtricM on the title page of this propca��/20?2f®22 9 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal regarding data governance, data quality, and data integration. Mr. Luzano is also an accomplished finance professional with demonstrated ability performing financial analysis including, but not limited to Income Statement analysis, Budgeting, Forecasting, and Cost Planning. Mr. Luzano has extensive Public Sector experience working with Texas Department of Transportation (TxDOT), Utah Department of Transportation (UDOT), and Hawaii Department of Transportation (HDOT). 2.4 Proposer's Experience Providing ARPA Consulting Services Outlined in the table below, Grant Thornton lists the specific tasks in the scope of services and has compared six relevant engagements and how our team completed similar tasks. Below the table, we have provided a detailed summary of the similar services performed in relation to those requested in the RFQ scope of work. OProject Management and J J J J J J Coordination OStrategy Development and Implementation J J J J J U Internal Controls J J J O Eligibility Determination and Risk Assessment J J J J J J OProcurement Reviews J J J J Compliance Reviews & Reporting Support J J J J J J OAudit Preparation Assistance J J ® Internal Communications J J J J J OPublic Sector Finance J J J J J J Table 2: Grant Thornton's ARPA Consulting Experience OO ®®®O Golden Gate Bridge, Highway and Transportation District (April 2021 - Current) - Grant Thornton currently provides support to manage the cost recovery and reimbursement of costs incurred as a result of the COVID-19 Pandemic. Providing expertise related to the FEMA Public Assistance (PA) process, public sector finance and grants management, as well comprehensive strategy to maximize and expedite reimbursement. Our team is responsible for assisting the District's Finance department with documenting processes in compliance with FEMA regulations. We categorize and track costs in support of the financial reimbursement process and provide recommendations on inter -departmental charges and intra-state mutual aid requests for response activities. Sample projects include emergency operations center, personal protective equipment (PPE) and COVID-19 vaccination distribution. OO®O® ® O County of Marin, Department of Finance (December 2020 — Current) - Grant Thornton currently supports the County by providing Disaster Cost Recovery Services and grants management support for FEMA's Public Assistance program for costs incurred due to the COVID-19 pandemic. We are guiding the County through the FEMA reimbursement process by providing programmatic and hands-on support in the formulation and processing of PWs and documents for and through FEMA's Grants Portal. This effort confirms that the costs claimed in these PWs comply with applicable local, state, and federal laws, regulations, executive orders, and FEMA regulations. Additionally, our team is responsible for recommending and assisting in the establishment of eftyrC66ficof data contained on this sheet is subject ttothi2wtric� on the title page of this propca� /20)"262 0r2. Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal programmatic document control, file retention system and data management process to validate that disaster records are complete and ready for audit, assisting in the identification and pursuit of additional federal and/or state grant funding to bolster recovery efforts, and issuing recommendations for improving the County's grants management processes to maximize their available federal funding. We conduct testing for cost categories such as labor, rental equipment, mutual aid and management costs. ®o®o©o ®o New Castle County (August 2020-present) -Grant Thornton currently provides subrecipient monitoring and pre -audit readiness services to New Castle County related to their subawards of CARES Act funding. Our team assisted the County in formulating a strategy to verify compliance with federal policy by developing a comprehensive subrecipient monitoring policy. This policy includes issuance of subgrant agreements, as well as a comprehensive risk assessment. Grant Thornton also created a scoring matrix to tailor subrecipient monitoring using a risk -based methodology. Our team developed a software -based tool which enables the County to automate the self -assessment survey process for subrecipients. This tool saves the County time and effort by collecting and compiling data which can be entered into the risk assessment. ®®®o ®®o Metrolink (June 2020-September 2020) -Grant Thornton assisted Metrolink with CARES Act implementation and financial modeling services that enabled internal/external reporting to support audit readiness, transparency reporting, and compliance with applicable program requirements. Our professionals aided Metrolink in managing claims to recover eligible expenses and lost revenues from COVID-19 with the primary focus on recoveries from the Federal Transit Authority (FTA) and FEMA. Our team developed an easily accessible internal executive dashboard available to our client for internal reporting. The dashboard provided key performance indicators and metrics that provided information on disaster planning, preparedness, and recovery regarding CARES Act expenses eligible for reimbursement, claim assistance, and FEMA reimbursement determination of eligibility. ®® o ®® ® o® o State of Florida, Division of Emergency Management (March 2018-present) - Grant Thornton is providing comprehensive grants management services to the State of Florida associated with their administration of FEMA's Public Assistance Programs. Our work begins with direct involvement in project worksheet (PW) approval and continues through project closeout. Our work involves reviewing PWs in Grants Portal before providing recommendations to the state to approve or return the project to FEMA for amendments. This review includes identifying documentation necessary to support claimed costs and reconciling those costs to the total eligible amount. Grant Thornton is providing 100% validation of all claimed costs consistent with Florida's contract requirement. Our work confirms that our client meets this requirement by monitoring subrecipients for compliance with applicable laws, rules, regulations, and policies, including 2 CFR 200, the FEMA Public Assistance Program and Guide (Version 4), and other sources of grants governance. Our compliance program is designed to verify expense eligibility by confirming that all claimed costs qualify as allocable, allowable, and reasonable. Grant Thornton enables our client to comply with federal laws governing pass -through entity responsibilities by managing the subaward and grant agreement process, reconciling eligible costs in their grants management system, and guiding subgrantees through validation to closeout by being a liaison between them and the State of Florida. To date we have processed over 1,800 reimbursements for 900+ projects amounting to over $180M in eligible costs related to $99M in federal funds. O®O ®® New Jersey Treasury (July 2015 — December 2021) - Grant Thornton was engaged by the NJ Department of Treasury to provide integrity monitoring of the recovery efforts of the Passaic Valley Sewerage Commission's (PVSC) $500 million in FEMA funded recovery work and oversee the procurement and contracting compliance of 12 engineering or construction contracts with values greater than $5 million. Grant Thornton's monitoring effort included a process review of PVSC's financial, administrative and procurement systems for compliance with FEMA requirements; compliance review of each project's procurement bid documentation; monitoring and eftYr8!6Ufvalof data contained on this sheet is subject ttolthi2wtric�P2 on the title page of this prop"/20?2t®22 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal reporting of contractor schedules and deliverables, the financial auditing of contractor payments against the schedule of values, monitor labor payments for consistency with Davis -Bacon, and provide on -going support and advice to PVSC and the State Department of Treasury. Through our efforts Grant Thornton was able to identify areas of compliance risks and developed corrective actions. Grant Thornton provided specific recommendations to improve PVSC's procurement weaknesses and help develop contract language that would be compliant with federal procurement requirements. 2.4.1 Review City developed ARPA Spending Plan detailing proposed expenditures to validate compliance with ARPA (SLFRF) rules and guidelines, including screening expenditures, verifying eligibility, and providing recommendations Based on the revised scope of work and October 28, 2021 interview, the Grant Thornton team understands that the City will not require its vendor make eligibility determinations for the initial items referenced within the City Council's approved spending plan. From the interview, we understand that eligibility determinations may be needed for future proposed projects. Our team's approach has been purposefully designed to scale with agility to meet the City's requirements to collect and communicate the information necessary to demonstrate compliance with programmatic and federal regulatory requirements throughout the lifecycle of each unique project funded by the City's payment from the SLFRF. As discussed in the October 28, 2021 interview, one of the first steps our team will take will be to meet with the City's finance staff, and project managers as appropriate, to evaluate the current state of SLFRF funded projects and propose services, see Figure 2a, that best enable the City to continue to support each project's unique compliance requirements. Figure 2a: Team Grant Thornton's Comprehensive Grants Management Approach Phase 1: Pre -Award [Assess]> > Phase 2: Award [Procure] Phase 3: Post -Award Phase 4: Closeout [Monitor] ✓ Validate requirements ✓ Identify Initial risks ✓ Identik eligibility requirements '57 ✓Identify reporting requirements U ✓ Identih, performance outputs and outcomes ✓ Review policies and procedures for procuring necessary goods and services ✓ Review procurement methods and tools ✓ Identifv compliance and reporting gaps ✓ Review and validate cost supporting documentation ✓ Track project expenses to budget ✓ Identify and communicate compliance risks ✓ Track and communicate performance outputs and outcomes ✓ Assi$twith required reporting ✓ Reconcile project expenses to budget ✓ Compile supporting documentation ✓ Closeout outstanding corrective actions ✓ Cocument project performance • Eligibility Determination • Policies & Procedures Gap ProjectlSubrecipient Monitoring Project Closeout Memoranda memoranda Analysis Policy and Plan Final Performance Report m Compliance and Reporting • Recommendations for Corrective Action Memoranda Organized support Requirements guidance improvements to Project Performance documentation package procurementlsubaward Dashboard Continued audh support —oy materials SLFRF Required Quarterly and Annual Reports Governance and Culture Open and Accessible Communication- Audit Readiness Each phase of our team's approach is designed to contemporaneously generate the administrative documentation the City will need to demonstrate effective and compliant oversight of each SLFRF funded project throughout its lifecycle. Our team's culture of open and accessible communication and its governance of facilitating real-time audit readiness will guide our team's efforts in supporting the City's project managers. Each of the City's project managers will have access to the support they need through an assigned point -of -contact from Team Grant Thornton as well as the ability to contact Team Grant Thornton's Project Manager directly when needed. Our team will enable audit readiness by recognizing the phase in which each SLFRF funded project resides and begin working with the project managers to extract the data and information needed to produce the compliance deliverables depicted in the eftyrC66fiaof data contained on this sheet is subject ttothi2�stric" on the title page of this propca��l/r0�p2622 2 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal approach. With our team supporting the City's administrative needs in the background, this approach allows the City's project managers to focus directly on the overall performance of the project. As discussed in the October 28, 2021 interview, if a project already has an eligibility determination, then our team will accelerate past Phase 1 of our approach to assess the project for opportunities to support in the administrative data and information collecting and communicating necessary to emerge from Phases 2 or 3. For future projects, the Grant Thornton Team is prepared to support the administrative needs of the City's project managers by seamlessly integrating into the project through open and accessible communication to extract the critical administrative data and information needed to demonstrate the project's compliance with programmatic and federal regulatory requirements with as little interruption as possible to the progress of the project itself or the overall operations of the project manager's department. By following the activities listed for each phase our team will develop and compile the documentation necessary to tell the project's compliance story in real team. By focusing on communication and audit readiness our approach is scalable and flexible to provide the city with only the services it needs. Our approach will include the following phases. • Phase 1: Pre -Award (Assess). In this phase our team will assess a project for its eligibility according to programmatic policies and guidance. Our team will commit to the foundation for the successful implementation of the project by vetting it through our eligibility determination process. Our team will work with the city to identify, analyze, and communicate the necessary information needed to demonstrate the project's eligibly through the Treasury's eligibility framework and tests. Our determinations will go further to also discuss and educate on the project's anticipated reporting and uniform guidance compliance requirements. • Phase 2: Award (Procure). Once a project has been determined, and properly justified, as eligible, our team will engage in assisting the city with documenting the procurement the critical goods and services needed to implement the project. Activities in this phase include the performance of policies and procedures reviews to identify gaps in adherence to compliance requirements and recommendations to mitigate risks for non-compliance. During this phase our team will enable the City to demonstrate compliance through the compilation of procurement and labor activity documents, documentation of procurement decisions in alignment with compliance best practices, and documentation of risk mitigation employed to bring practices into compliance. • Phase 3: Post -Award (Monitor). Demonstrating oversight of a project is a critical step in the process of communicating compliance to the federal government's uniform guidance for grant awards. Whether the project calls for the oversight of subrecipients, vendors, or force account labor staff and equipment, our team will assist the City in developing and executing monitoring plans designed to extract data and information necessary to meet reporting and compliance obligations. Our team will develop communications strategies and data capturing tools to meet the unique needs of the project and capabilities of the project managers. • Phase 4: Closeout. In our experience, the best time to focus on audit readiness is when all the decisions that made a project successful are still fresh in the team's mind. Our closeout phase is designed to be the final stop of the project's lifecycle wherein not only are expenditures reconciled to the project's budgets and progress reports, but the various procurement and programmatic decisions are revisited to enable an opportunity to completely align those decisions to programmatic requirements and guidance. Our team will reconcile all project expenditures to demonstrate consistency with the amounts reported by the city in quarterly and annual reports. Our team will also compile all determinations, justifications, procurement and oversight documents, and other support documents into one organized package ready for review by outside auditors. In implementing this approach to assist the city in its management of the disbursement of its payments from ARPA, our team will be supported by our Public Audit Subject Matter Expert, Rachel Stushek. Rachel has over 17 years of experience providing auditing support to non-profit organizations and 4 years of experience working with Federal entities. She has experience serving under audits that were eftYrC6Ufvalof data contained on this sheet is subject ttothi2wtricM on the title page of this propca��/20?2f®22 3 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal performed under Government Accountability Office (GAO) "Yellow Book" auditing standards, American Institute of Public Accountants (AICPA) auditing standards, and OMB Circular A-133/uniform guidance. Rachel will be available to the GT Team and the City's team to provide insight and guidance on the compliance risk for decisions ranging from procurement of services, management of subawards (contractors or subrecipients), cost reasonableness standards, and documentation compliance. The Grant Thornton's team expertise and experience in providing guidance on grant compliance is critical to the City's smooth implementation and management of ARPA (SLFRF) funds. Grant Thornton collaborates with City stakeholders to understand the goals and objectives of the Revive Santa Ana Spending Plan's (Plan) expenditure categories and confirm the alignment of those goals and objectives of ARPA SLFRF. Our team conducts a review of the Plan's proposed programs, services, and infrastructure projects for their eligibility as ARPA-funded projects. We have provided similar or identical eligibility reviews and compliance validation services for several entities seeking to maximize their CARES Act Coronavirus Relief Funds (CRF) and funding criteria of other federal agencies and non -government entities. For example, we currently support New Castle County, Delaware government in screening nearly 2,000 proposed teacher projects, which were to be processed through a vendor contractor, for their eligibility per CRF requirements as outlined in U.S. Treasury guidance and Frequently Asked Questions (FAQs). Subsequent reviews were performed on the specific items proposed within each project for their eligibility. Where appropriate, Grant Thornton diligently worked with our client to document the logic for accepting materials based on inferences drawn from Treasury guidance for items that may not have been explicitly referenced as examples of eligible costs. Thus, we are able to help our client maximize their use of CRF while maintaining eligibility and compliance requirements. In addition to the teachers' program, additional eligibility and compliance reviews and recommendations are provided for this client's paid administrative leave expenditures. The transfer of CRF from the County to multiple state programs include many that are comparable to the programs in the Revive Santa Ana Spending Plan (e.g., business assistance, child daycare, adult technical training program), and fire and municipality costs. Other clients for whom we have conducted expenditure eligibility reviews include: • Berkshire Health Systems, Inc. (April 2020-present) - Grant Thornton is providing a COVID- 19 eligibility and strategy program to Berkshire Health Systems by identifying where additional eligibility and/or separate claims are appropriate given the services and/or organizational ownership and structure of these organizations. Our role includes providing Berkshire Health tailored project activities, phasing recommendations, and outlined activities and work streams. • State of Florida, Division of Emergency Management (March 2018-present) — Grant Thornton is providing comprehensive grants management services to the State of Florida associated with their administration of FEMA's Public Assistance Programs. Our work involves reviewing Project Worksheets in Grants Portal before providing recommendations to the state to approve or return to FEMA for amendments. This review includes identifying documentation necessary to support claimed costs and reconciling those costs to the total eligible amount. With a 100% validation requirement, we reaffirm that our client meets this requirement by auditing subrecipients for compliance with applicable laws, rules, regulations, and policies, including 2 CFR 200, the FEMA Public Assistance Program and Guide (Version 4), and other sources of grants governance. Our compliance program is designed to verify expense eligibility by confirming that all claimed costs qualify as allocable, allowable, and reasonable. Grant Thornton enables our client to comply with federal laws governing pass -through entity responsibilities by managing the subaward and grant agreement process, reconciling eligible costs in their grants management system, and guiding subgrantees through validation to closeout by being a liaison between them and the State of Florida. • State of Texas, Division of Emergency Management (TDEM) (October 2011-June 2018) — Grant Thornton provided support for program management of FEMA subgrants to local governments in Texas impacted by the presidentially declared flooding disasters in 2015 and 2016. Our work involved review and approval, on behalf of local governments (FEMA eftyr8!6bfvalof data contained on this sheet is subject ttothi2wtricM on the title page of this propca��/20?2t®22 4 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Subrecipients), the scope and funding allocations provided by FEMA, managing the execution of subgrant agreements with the local governments; providing project oversight and quarterly reporting to TDEM and FEMA; reviewing compliance with FEMA program requirements; and providing reimbursement recommendations to TDEM based on authorized expenditures and compliance with procurement processes. 2.4.2 Provide assistance with preparation of ARPA (SLFRF) compliance reports As discussed in the October 28, 2021 interview, the City will have access to Grant Thornton's complete data analytics team to receive feedback on the City's dashboard. Grant Thornton has deep experience in 2muts Management Executive Summary Dashboard developing, deploying, and maintaining both internal and public facing dashboards for public sector clients Total Obligations Federal Obligations Non -Federal Funding throughout the country. Grant Thornton $3,337,827,981 $744,292,889 $7,903,358 takes a unique approach to developing dashboards by taking a collaborative L_ and business focused approach. Our Top 10CFDAltemsbyF ndmg Top 1OAwarding Agen esbyFunding FundingAll—tio� team will meet with senior leadership to thoroughly understand the City's goals and objectives and develop meaningful °m3M Key Performance Indicators (KPIs) 36, related to the City's Performance Management Initiatives. Our data and Figure 3. Example of Executive Dashboard analytics team leverage a hierarchical, drill -down approach to building dashboards. We have experience building executive summary dashboards that provide senior leadership with a one -stop, at a glance view to see total ARPA funds, where the funds are being distributed, and to which agency. An example dashboard we have developed for other clients is shown in Figure 3. We also have the ability to develop dashboards at the Performance Management Initiative level. Typically, these initiatives are tied to the State's Strategic Plan (e.g., Broadband, Economic Development, and Sustainability). We have experience collaborating with the Program Managers to develop high level KPIs to monitor stimulus funding activity. We have integrated dynamic drill down capabilities which allows the users to research various metrics such total obligations, budget requested, funding approved, and amount disbursed. Grant Thornton also has the Households capability to take geospatial Median HHI approach to our grant g1 6 M & $54'8k management analytics. This approach takes Grant ■ With Broadboand Management reporting to ` Households RaGa1 re kd° the next level by -AL � 329.4k transforming static, tabular data into visually appealing Below Poverty Level maps letting the users Figure 2b. Example of Broadband Equity Dashboard clearly identify where their projects are located. Our maps are integrated into interactive dashboards that allows the users to drill down and analyze data by boundaries such as congressional districts, zip codes, and census tracts. Additionally, we apply layers to the map to transform data into information that allows the users to generate actionable insights. Examples of applicable layers include COVID case counts and racial/demographic data to show equitable distribution of ARPA funds. Grant Thornton's Data Analytics team is comprised with experienced and highly educated data scientists and analysts with a specific skill set for storytelling with data and has developed various business intelligence and data visualization dashboards for state and local government agencies. Additionally, our eftyrC6 fiaof data contained on this sheet is subject to on the title page of this propca��/20?2f®t2r2. 2 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal analytics team has web development skills with a deep understanding of web user experience and data integration. After our analytics team develops the various reports and dashboards, we can provide technical assistance with the aesthetics, user experience, functionality, and embedding of reports and dashboards into the City's website. In the event the City were to implement a comprehensive website with applicable communication strategy, Grant Thornton leverages Esri's Hub site which is a platform that allows for low code/no code web development. Esri Hub sites are particularly useful for internal and external communication and engagement with stakeholders. Our approach to building comprehensive websites focuses on displaying the central theme (e.g., Grants Management) on the home page. We have experience building sub -pages that correspond to the City's strategies or initiatives (e.g., Broadband, Sustainability, Economic Development) and embed dynamic, interactive, and engaging content such as dashboards as well as links to videos for educational webinars. As a recipient of a payment from the SLFRF with a population exceeding 250,000 residents, the City is required to comply with the SLFRF's most frequent and detailed reporting requirements. The City is required to submit quarterly Project and Expenditure Reports and an annual Recovery Plan and Performance Report. Grant Thornton has the expertise and tools to assist the City in maintaining compliance with the SLFRF's reporting requirements and elevate the quality of these reports to help the City use the reports to progress its communications goals. For example, we have assisted clients throughout the country complete and submit required reports to many federal funding agencies, including the completion of over 200 quarterly reports on behalf of the subrecipients of the state of Florida's administration of over $200 million of federal pass -through grants from FEMA's Public Assistance Program. Our team will optimize the City's efforts to develop and communicate its progress toward its recovery goals by infusing our tools and methods to assist in critical areas for information gathering and synthesis, including community engagement, data analysis, and performance measurement. Community Engagement. One way of promoting transparency is through community engagement. The flow of information must be a two-way street. We can develop Esri Hub pages that allow public facing information via interactive dashboards that can provide user specific (e.g., demographic, geographic, socioeconomic) data to various initiatives such as Emergency Rental Assistance, Economic Development, Health and Safety, and Sustainability. Data Analysis. Grant Thornton can provide the City with expertise on how to effectively Projects analyze and convey a story from an equity perspective with data. Our team of highly '_, L 21302 trained analysts not only have the technical skills for analysis (e.g., ETL, Business Diversity Index Intelligence, and Data Visualization), we also $4.4 th 10,636 have the skills to translate technical terms into "10 , Po"erry l "el relatable messages that foster comprehension Develop Insights. Additionally, our team of data scientists can take the analysis to the next level to develop insights from predictive and prescriptive models and algorithms to support data -driven decision making. An applicable use case can be applied to housing assistance by leveraging demographic, socio- economic, and geographic data and applying algorithms to determine who best would benefit from receiving funds, based on data and statistics. Performance Management. The key to success is monitoring progress. Grant Thornton has helped numerous State and Local agencies develop benchmarks and Key Performance Indicators (KPIs) regarding their Performance Management initiatives. Performance Management is especially crucial with Equity. A main component regarding Equity and Performance Management consists of a composite equity index score derived from 0ftYr8!6Ufvalof data contained on this sheet is subject ttothi2wtricP on the title page of this propca��l/r��p�I622. 6 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal separate initiative equity index scores. The crux of many state and local agencies revolves around optimizing funds. Grant Thornton's analytics team would apply an optimization model to maximize equity indices by the proper allocation of funds. Bringing equity full circle, our Performance Management initiatives tie directly back to community engagement to demonstrate progress and transparency. 2.4.3 Assist in calculating revenue loss per ARPA (SLFRF) requirements As discussed in the October 28, 2021 interview, the Grant Thornton Team understands, and acknowledges, that the City does not require assistance with the calculation of revenue loss per ARPA (SLFRF) requirements and methods. To demonstrate our understanding, we have made the following updates to our technical approach regarding this subject. 2.4.4 Provide technical assistance to City staff regarding ARPA (SLFRF) compliance and reporting requirements, including, but not limited to, recommendations for activities allowed, eligibility, procurement, and reporting As discussed in Section 2.4.1, our approach will be tailored to identify and implement the unique compliance strategies needed for each project funded by the City's payment from the SLFRF and tasked to the Grant Thornton Team. Each member of our team has experience working with varying levels of knowledge and experience with the federal government's uniform guidance for grant awards. Our team will collaborate closely with each project manager to develop a communications strategy that makes sense for their understanding of guidance and compliance principles as well as the meeting within the project's timeline. Our team includes many former state and local government officials, who understand the pressures that project managers are under and will focus on adding value by viewing every interaction with a project manager as an opportunity to not only provide an administrative service, but to educate the project manager on the necessity of the administrative actions that need to be taken. This focus on education is deliberate. As a project manager's understanding of the program guidance and federal compliance requirements increases, the efficiency of our team's ability to extract and communicate information necessary to report and demonstrate compliance also increases. As discussed in the October 28, 2021 interview, our team has the capability of organizing and delivering more formal technical assistance training that has been accredited for CPE credits. The City's overarching goals for its administration of ARPA (SLFRF) funding seeks to maximize grant performance, outcomes, and impacts while reducing financial, audit, and compliance risk. Maximizing grant performance involves proactive technical assistance capable of identifying eligible costs to fully use In Florida, Grant Thornton has worked with 135 subrecipients of available grant funding, matching eligible FEMA funding managing their Hurricane Irma recovery. This costs to multiple grant programs, and work involves the review of claimed costs for eligibility, justifying that grant funding is used to confirmation that the work was properly procured and the accomplish for the purpose it was subrecipient provide the necessary financial reporting intended. Reducing risk to the City documentation. involves systematically and methodically assessing and monitoring the use of grant funding. To accomplish this, we draw from approaches which have proven effective on similar engagements. We tailor these approaches to the City to address needs or issues most efficiently as they arise. We provide support to the City with management, oversight, compliance, reporting responsibilities, and any additional services as outlined in the scope of work. Within our approach, we propose to work collaboratively with the City to assist in achieving and maintaining short and long-term goals that are consistent with the City's Revive Santa Ana Spending Plan utilizing the SLFRF award by establishing internal controls related to the federal funding programs. eftYr8!6Ufvalof data contained on this sheet is subject ttothi2wtricM on the title page of this propca��/20?2f®t2 7r2. Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal We routinely develop and refine our skills by providing and attending the latest training and professional development events. We have partnered with the National Academy of Public Administration (NAPA) to host quarterly Grants Management Symposiums across government since 2018 to discuss emerging trends, challenges and the impact of key legislation. Through the National Grants Management Association (NGMA), we have trained hundreds of grant management professionals at federal, state and local government including the use of integrity monitors to improve compliance and reduce risk for grantees. Our professionals are thought leaders in the industry, often publishing articles on grants management trends and best practices. Several of our professionals serve in local chapters and national level executive committees of organizations such as the Association of Government Accountants (AGA) and the Institute of Internal Auditors. Grant Thornton is also a National Emergency Management Association (NEMA) corporate partner which allows our employees to attend the annual conference and have access to both state and local emergency management directors and industry professionals. As mentioned, we will leverage our expertise to support the CITY in overseeing the SLFRF award. Grant Thornton has a dedicated community of practice of COVID-19 and Grant Thornton's COVID-19 community of practice has been ARPA team that conducts regular operating since the first declaration of the national public health legislative analysis, reviews program emergency. Our team provides our clients, on a weekly basis, guidance, and monitors other federal with regular updates on the activities of all federal and state funding developments. The team scans agencies, in which we are engaged, managing and impacting government websites, publications, and COVID-19 relief funding opportunities. This global approach news outlets daily to understand and provides our clients with the critical information they need from interpret on -going developments. We their particular federal and state agencies, but also provides have established a group of management them insights into how other states and federal agencies have professionals from across the firm interpreted and mitigated compliance issues. (industries and business lines) to form a COVID-19 cohort which meets twice weekly to discuss the evolving COVID-19 recovery, review the state and local government financial support landscape, and collaborate on the development of tools and solutions to assist our clients' needs. These policy level meetings provide our team with real-time insight into Congressional actions and federal agency developments that we share with our clients to shape their COVID-19 funding strategies. The Grant Thornton Team's general approach to providing technical support to the City in the development and monitoring of community recovery projects and submission of reports required by the SLFRFs to leverage our team's collective knowledge, skills, and abilities to build upon the City's tools and systems for data collection to create a standardized, repeatable process for efficient data sharing and report development. Since 2011, Grant Thornton has been providing technical assistance focused on demonstrating compliance with federal fiscal management and procurement requirements for clients like the states of Texas and Florida Divisions of Emergency Management, Passaic Valley Sewerage Commission, the Golden Gate Bridge, Highway and Transportation District, and Marin County, California. With each engagement our teams have robust testing and validation procedures that build upon lessons learned. To facilitate the successful deployment of our approach, our team will employ the latest version of process automation and data analytics tools and methods developed by our Intelligent Automation Service Center (IASC). IASC operates as a centralized innovation delivery catalyst, providing solutions that both the firm and our customers can leverage to improve efficiencies. Areas of focus include working with new platforms that provide true orchestration of systems and processes (i.e., Catalytic), automating routine tasks, optimizing employee efforts, and reducing errors. For example, when working with an alumni customer, Grant Thornton used Catalytic to extract transactions from a parent ERP application, and parse to local ledgers, in support of required financial reporting. Automation solutions and tools, developed by IASC, that our team will employ to assist the City in meeting its data collection, analysis, and reporting requirements include: • Invoice Processing — Created invoice matching processes in various systems to reduce manual efforts in Accounts Payable, speeding up the invoice process and creating time for resources to act on more strategic projects. Leveraged both RPA and OCR. eftyr8!6Ufvalof data contained on this sheet is subject ttothi2wtric" on the title page of this propca��/20?2f®22 8 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal • Inventory Price Testing — Streamlined the Inventory Price Testing process to enable teams to spend less time on manual data manipulation and more time analyzing results. • Tableau Dashboard for Financial Data — Combined spending and budget data from multiple sources, which require regular cleansing and refreshes. Developed a web browser automation tool in Python that automates the collection of financial data, performs web -scraping in support of reconciliation, and collects additional data, reducing reconciliation from 2 hours to 15 minutes. • Optical Character Recognition (OCR) - convert written or typed documents into data • Robotic Process Automation — replicate the actions of a human interacting with a screen to automate repetitive, back -office processes • Equity impact tracking and mapping — Grant Thornton has developed its own method to measure and visualize the impact of projects towards progressing a client's goals for promoting growth of equity and diversity. Grant Thornton's algorithm can be deployed proactively to objectively estimate the equitable impact of a project via change in in the area's equity index score. In our engagement with the Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS) (2014-2018) - CMS, Office of Financial Management, Grant Thornton conducted an internal control assessment of CMS Central Office, Regional Offices, Medicare Contractors, Data Centers (including twenty financial applications), and Shared System Maintainers. As part of this assessment Grant Thornton designed and tested approximately 75 controls in the CMS's Marketplace cycle in such areas as 1) Eligibility and enrollment of individuals; 2) Vendor Management (review and approval of issuer payee groups for payment); 3) Payment approval of APTCs and advance CSRs, and collection of FFM user fees; 4) Reconciliation of CSR and APTC payments; and 5) Oversight of reinsurance, risk adjustment and risk corridors (premium stabilization programs). These assessments were a critical step in communicating current status to CMS's stakeholders, particularly the IRS who holds the subsidy appropriation (APTC and CSR) for Marketplace. The Grant Thornton Team will coordinate closely with the City's Project Manager, and associated staff, to select, customize, and scale our solutions and tools to best integrate with the City's financial systems to efficiently extract, analyze, and synthesize the data and information needed to assist the City in mitigating programmatic or compliance risks and completing ARPA reports. 2.4.5 Provide assistance to City staff with preparation of audits As discussed in Section 2.4.1, audit readiness is a governance theme that drives all four phases of our team's approach to comprehensive grants management. Throughout each phase of the project's lifecycle our team will create the documentation necessary to demonstrate compliance with the latest SLFRF guidance and federal uniform guidance requirements. Our team will work diligently throughout the first three phases of our approach to not only collect necessary data for reporting eligible expenditures, but will also create documents to contemporaneously memorialize critical procurement and methodological decisions and practices to align those actions to the existing compliance and programmatic guidance requirements. At the closeout phase of a project, our team will compile all supporting documents, determinations, and reports into one comprehensive and organized package to facilitate efficient reviews by programmatic and outside auditors. The closeout phase of each project will be guided by our Public Audit Subject Matter Expert, Rachel Stushek, to enable our team the opportunity to create comprehensive support documentation packages and reports to demonstrate full compliance with federal uniform guidance principles. Grant Thornton will assist the City of Santa Ana in responding to questions from their independent single auditor specific to compliance matters and determination on eligibility, procurement methods, and ARPA reporting and will also support the City departments to prepare responses to audit findings. Grant Thornton's audit specialists work in tandem with our Public Sector Risk Advisory team to remain abreast of relevant policy changes in real-time, thereby enhancing the audit support we provide. Combining audit expertise with our compliance approach provides an audit preparation strategy which is uniquely well suited to the City of Santa Ana's needs. eftYr8!6Ufvalof data contained on this sheet is subject tto9thi2wtrilca on the title page of this prop"/20?2t®t22 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Our approach to regulatory compliance advisory combines data -driven financial analytics support with a robust documentation management strategy. Grant Thornton's compliance team leverages expertise in uniform guidance and ARPA regulation to develop project -specific cost validation worksheets. Consultants work directly with City staff to collect and archive supporting documentation in preparation for single audit. Grant Thornton specialists will thoroughly analyze project documentation to determine cost eligibility and compliance under federal guidelines and advise the City on In New Castle County, Grant Thornton works with both the potential non-compliance risk if identified. County's CFO and Internal Auditor respond to questions that Further, our staff will produce arise from their outside single audit firm on the County's workpapers, support packages, and spending of its $322 million in CRF monies. We have helped policy positions supporting eligibility respond to preliminary finding on the County's FY20 Single determinations in preparation for single Audit before it was finalized and published. audit. Grant Thornton specialists will also support the City in completing reporting requirements mandated under ARPA and uniform guidance. Our staff is versed in Treasury reporting regulations and will work directly with City officials to produce any required reporting, including Interim, Project and Expenditure, and Recovery Plan Performance reports. Grant Thornton's financial analysis and support packages play an integral role in fulfilling reporting requirements, aiding City staff in confirming eligibility figures and providing performance reporting. Finally, our team will aid in responding to any potential audit findings arising from single audit inquiry. Throughout the duration of project performance Grant Thornton will build comprehensive eligibility documents informed by expert knowledge of audit proceedings and regulatory requirements. We will use our evidentiary backlog to aid the City in demonstrating compliance and rationale behind eligibility determinations. Our staff will aide in stakeholder management, policy development, and compliance advisory in real time while navigating the audit process. Our team has significant experience providing regulatory compliance advisory in preparation for audit to public sector stakeholders. Our work with New Castle County in Delaware highlights our recent experiences validating cost claims in dynamic and emerging regulatory environments. We helped the County navigate federal funding streams provided under the CARES act using many of the strategies described above, and helped the county manage major procurement programs involving numerous stakeholders. Our work with the State of Florida and the State of Texas also demonstrates our strengths in preparing cost validations for federal dollars under demanding timelines. We helped these major entities track, manage, and validate millions in federal funding involving hundreds of stakeholders. Grant Thornton is prepared to provide our compliance advisory services for the City of Santa Ana as you manage ARPA funding across your departmental programs. We have the experience, strategy, and expertise to aid the City as it navigates funding in this complex regulatory environment. Our team has served many of the nation's largest and most complex State and Local stakeholders, and we will provide your City with the same quality of support throughout the duration of your funding streams. 2.4.6 Develop internal communication materials including but not limited to emails, PowerPoint, and memorandums to facilitate awareness regarding both City and Department of Treasury guidelines related to the use of ARPA (SLFRF) funds As identified in the City's revised scope of work, the Grant Thornton team will be available to meet with City Finance and City Project Managers on timescales that make sense for each individual's capacity and capability and at least quarterly. The City's finance staff and project managers will have instant access to the latest developments in the SLFRF guidance and requirements as well as instant access to on -demand technical assistance services through their assigned Team Grant Thornton point -of -contact and the Team Grant Thornton Project Manager. As a communications cadence is established, our team will work diligently to maximize the time spent with the City's finance staff and project managers with prepared agendas to extract data and information necessary for reporting and compliance documentation, address and research issues as they arise, and communicate the latest developments with the SLFRF. eftYr8!6Ufvalof data contained on this sheet is subject tto0thi2wtriln on the title page of this prop"/20?2t®t22 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal The goal of communications is for all stakeholders involved in and affected by the project to receive and understand the information they need. With this goal in mind, Grant Thornton tailors its communication to two main groups: our internal team, and our client. Communication tactics specific to each group are described below. Internal Team: Grant Thornton recognizes the importance of communication in accomplishing accurate, complete, and efficient service delivery. We have implemented horizontal and vertical team communication channels to allow information to flow freely throughout all levels and sub -teams. Our Supervisors perform daily standup calls with their sub -teams to discuss the work accomplished, work planned for the day ahead, and any barriers or challenges to be addressed. Supervisors leverage the information gathered in these standups to gauge risks and issues and escalate them to management as needed. Our entire ARPA funds management team also participates in weekly touchpoints that include any big picture updates, policy and procedure changes, and training opportunities. Our Client: At Grant Thornton, we pride ourselves on prioritizing and being responsive to client needs. An important component of our responsiveness is communicating early and often with our client. Our ARPA funds management team will establish regular client checkpoints to confirm mutual understanding of needs and expectations. Client checkpoints include weekly status meetings, and ad hoc meetings. We will At Metrolink Grant Thornton developed web -based dashboard to also communicate frequently via email, report the transit authority's COVID-19 (FTA and FEMA) phone, and within provided platforms to spending for both internal executive staff and well as a public provide the City of Santa Ana with communication. access to all the knowledge we've gathered throughout our interactions with Federal and State agencies, including communications, best practices and compliance playbooks that have been tested against regulatory frameworks such as 2.CFR.200. These resources are constantly updated by our Subject Matter Experts who are supported by dedicated policy analysts. 2.5 Data Requirements from City According to the City's response to Question #14 of Addendum 2: Q&A, the City would like to know what types of data/information will be required from the City's staff to complete the project. While responding to and recovering from the COVID-19 public health emergency is understandably a high priority for the City, as experienced managers of grants related to crisis response and recovery, we are sensitive to the fact that the City's staff have many other high priorities and demands for their attention that may not be related to the projects contained within the City's Revive Santa Ana Spending Plan. Our team's focus in providing these services to the City will be to act as a partner and stakeholder in the City's recovery and share in the responsibility of its administration. As partners in the City's response and recovery we will do our share, and play our part, so that the City's staff can focus on other high priorities with confidence that the project's that the City has identified as critical to the City's response and recovery from COVID-19 will not be delayed. This process will begin in the General Planning and Reporting Meeting as detailed in the RFQ. In this meeting our team will obtain the information it needs to understand the City's operations and clearly define the responsibilities and expectations of Team Grant Thornton. Promptly after this meeting our team will tailor its requests for information and data to specifically achieve the tasks and responsibilities that were assigned. Generally, to properly assess projects and expenditures for compliance with ARPA guidance and federal uniform administrative requirements we anticipate that some of the information and data that our team will request will include: Policies and procedures related to procurement, contracting, human resources, and employee compensation Budgetary data including general ledgers, previous audits, and general revenue collections Procurement and use of funds information including invoices, purchase orders, and contracts In its response to Questions #1 and #11 of Addendum 2: Q&A, the City indicated that the it is tracking ARPA and other COVID-19 relief funding using the City's Lawson Infor financial accounting system. Grant Thornton is a strategic implementation partner for Infor and maintains a strategic practice within GT to eftyrC6 fiaof data contained on this sheet is subject to thi2�stric4G2 on the title page of this propca��l�r�Yp�t®22 1 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal work side by side with clients - to help them meet changing business objectives, gain operational efficiencies, improve performance, and transform data into action. When needed our team will tap into this deep pool of knowledge and expertise to improve the efficiency of our team's data extraction and requests and support our team's understanding and utility of the data and reports produced by the City. 2.6 Limits on Liability Grant Thornton's requested limitation of liability language is included in our redline. 2.7 Warrant of Errors and Omissions Insurance Grant Thornton agrees that the firm maintains a prudent amount of errors and omissions insurance that covers negligent acts and is applicable to the work requested in the RFQ. 2.8 Authorized Signer As a Principal, Graeme Finley is authorized to contractually bind the firm. 2.9 Pending Legal Actions and Litigations In the normal course of Grant Thornton LLP's and its wholly -owned subsidiary Grant Thornton Public Sector LLC's business as a national accounting firm and government contractor (collectively "Grant Thornton"), Grant Thornton may be made a party to litigation alleging various common law and statutory violations. While Grant Thornton expects to resolve all pending matters without any material detrimental impact to the firm, like most accounting firms of any size, Grant Thornton does not disclose or discuss its litigation. Litigation is generally disposed of in the normal course of business and under any applicable professional indemnity insurance policy. eftyrC66fiaof data contained on this sheet is subject ttothi2wtriV3 on the title page of this propca��/20?2t®22 2 Grant Thornton Public Sector LLC 3.0 Cost Proposal City of Santa Ana I RFQ 21- 093 Revised Proposal Not to Exceed Price: Grant Thornton is pleased to present this Not to Exceed Best and Final Offer (BAFO) estimate of $181,300.00. Grant Thornton's revised estimate is devised on a Time & Material basis as discussed during the orals interview on October 28, 2021 and the revised scope of services provided by the City on October 26, 2021. Specifically, the revised scope of services reflects the following changes: • Eliminated the initial Review of ARPA Spending Plan's proposed expenditures (Task 1) and will only provide the reviews on an "on -going" forward basis; • Eliminated Revenue Loss Calculations (Task 3); • Clarified the anticipated working directly with City program managers (Task 5) • Included the review of the City's ARPA Reporting Dashboard (Task 6); Accordingly, based on our understanding of the revised scope of services we are estimating the required level of effort to the first six months to be allocated as follows: Hours Task 125 Task 2 125 Task 4 825 Task 5 50 Task 6 125 Our Time & Materials based hours will be billed based on the below hourly rates for the selected staffing assigned to assist the City. Grant Thornton will hold the below proposed hourly rates constant throughout the six month term on all extensions thru December 1, 2023 at which time a three percent escalation will be assessed to the rates thru December 1, 2025. Staffing Positions Hourly Rates Project Executive - Partner $275.00 Project Manager $175.00 Subject Matter Expert $225.00 Senior Compliance Specialist $170.00 Senior Associate $140.00 Associate $115.00 Pricing Assumptions eftYr8!6Ufvalof data contained on this sheet is subject tto3thi2wtric*4 on the title page of this prop"/20?2f®22 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Grant Thornton's estimated level of effort is based on our understanding of the project scope and does not include broader CARES Act or ARPA funding beyond the State and Local Fiscal Recovery Fund (SLFRF) or new stimulus related activities as may be anticipated to be expanded or extended through Congressional action. The above pricing does not include any required travel. If travel is required, it will be billed at cost without markup and will be compliant with established GSA rates. The primary place of performance will be virtual due to COVID-19 pandemic public health and safety precautions. eftyrC6 fiaof data contained on this sheet is subject ttothi2wtril(5 on the title page of this propca��/20?2t®22 4 Grant Thornton Public Sector LLC 4.0 Certifications 4.1 Attachment A: References City of Santa Ana I RFQ 21- 093 Revised Proposal 4^ CITY OF SANTA ANA ATTACHMENT A REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Customer Name: Contact Individual: New Castle County, Delaware Michael Smith, Esq. Chief Fiscal Officer Address: Phone Number & E-mail: 87 Reads Way 302-395-5170 New Castle, DE 19720 Michael. Smith newcastlede. ov Contract Amount: Contract Period: $2,250,000 September 2020 — April 2022 Description of supplies, equipment, or services provided: New Castle County, Delaware, received $322 million directly from the U.S. Treasury through the Coronavirus Relief Fund (CRF) as part of the CARES Act. The County was faced with the burden of administering these funds by creating new grant programs, monitoring subrecipients for compliance, and documenting their rationale for the funding decisions they made. Grant Thornton initially developed a comprehensive guide to the administration of stimulus funding and continues to provide regulatory guidance to the County's Chief Fiscal Officer and County Executive. Our work includes the following key activities: • Development of risk -based subgrantee monitoring procedures in -line with 2 CFR 200 requirements and implemented a financial documentation testing program to recommend payment to twenty-one volunteer firefighting companies and eleven municipalities within the County. • Evaluation of grant program eligibility for private business funding, remote educational assistance, non -congregate sheltering of homeless populations, tsftyrCbdhalof data contained on this sheet is subject t35ri th24stc" on the title page of this prop0l2I/2()?2®tZ Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Developed a Policy and Procedures manual which serves to justify and support charging internal county costs, such as substantially dedicated force account labor and certain administrative leave expenses; Work with the County's Internal Auditor to address Single Audit findings and questions of compliance issues; and Provide Monthly Reporting to the County's CARES Act Audit and Compliance Task Force Committee and Weekly Reporting to the County's Chief Fiscal Officer. Customer Name: Contact Individual: Marin County, California Lisa DeCarlo Division Chief — Fiscal Administrative Services Address: Phone Number & E-mail: 3501 Civic Center Dr. Ste. 225 515-473-5660 San Rafael, CA 94903 ldecarlo marincount .or Contract Amount: Contract Period: $1,121,000 December 2020 — June 2022 Description of supplies, equipment, or services provided: Grant Thornton is providing disaster recovery and emergency management services to Marin County as part of their response to the COVID-19 pandemic. Marin County has spent more than $25 million in FEMA eligible cost. Grant Thornton's services include the following: • Assist in navigating the FEMA Public Assistance (PA) grants process which includes project management, eligibility determinations, cost validation, and regulatory updates; • Providing subject matter expertise and coordination between FEMA, CalOES, and the County in the management of its various COIVD-19 funding sources; • Manage the County's project worksheet development and submission through FEMA's Grants Portal for COVID related activities. The scope of COVID related activities includes food distribution, non -congregate sheltering, mobile testing, vaccinations distribution, alternate care sites, and emergency protectives measures. • Weekly reporting to the County's Fiscal Administrative Services Division Chief along with daily coordination with the County's staff in the development of cost documentation. Customer Name: Contact Individual: Florida Division of Emergency Management Kassandra McGlone Contracts Program Man a er Address: Phone Number & E-mail: 2555 Shumard Oak Blvd. 850-815-4417 Tallahassee, FL 32399 Kassandra.McGlonn em.m florida.com Contract Amount: Contract Period: $11,264,000 December 2017 — December 2021 Description of supplies, equipment, or services provided: tsftvrCbb lof data contained on this sheet is subject tto6th24stri17 on the title page of this prop0F2/2()?2®Z Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Hurricane Irma inflicted over $2.5 billion in damages across 64 counties in Florida. Grant Thornton was engaged by the Division of Emergency Management to support the financial recovery across eight counties of Citrus, Hardee, Hernando, Hillsborough, Pasco, Pinellas, Polk, and Sumter (including the metropolitan area of Tampa and St. Petersburg). We have worked with over 135 subrecipients to manage 987 projects representing $226.2 million. Our 35-person team validated and approved for payment $202.3 million on behalf of the Division. The scope of our work includes the following major tasks: • Direct involvement in the project worksheet (PW) approval and continues through project closeout. Our work involves qualify assurance reviews and providing recommendations to the state to approve or return the projects to FEMA for amendments. This review includes identifying documentation necessary to support claimed costs and reconciling those costs to the total eligible amount. • Providing 100% validation of claimed costs for large project and auditing subrecipients for compliance with applicable laws, rules, regulations, and policies. This includes 2 CFR 200, the Public Assistance Program and Guide (Version 4), and other sources of grants governance. Our compliance audit program is designed to verify expense eligibility by confirming that all claimed costs qualify as allocable, allowable, and reasonable. • Confirming compliance with Federal Legislation, by providing accurate reporting on the Recipient's performance and operations, and by processing payments timely on their behalf. This includes the Federal Funding Accountability and Transparency Act (FFATA) and the Cash Management Improvement Act (CMIA). • Verifying that the scope of project work was completed satisfactorily. This involves planning and executing site visits, as well as documenting the results of our findings.; and • Reporting on our support, managing the 135 subrecipients, through providing Weekly and Monthly Reports that detail the activities performed in the eight Florida counties. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFQ No. 21-093 American Rescue Plan Act Consulting Services Page 23 of 34 tsftyrCbdhalof data contained on this sheet is subject tto7ri th2wtc" on the title page of this prop0F2/2&2'YZ Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 4.2 Attachment B: Proposer's Statement Grant Thornton's completed and signed Attachment B follows this page. eftYr8!6Ufvalof data contained on this sheet is subject tto8thi2!4stricVY on the title page of this prop"/20?2f®22 Grant Thornton Public Sector LLC INIII was] a&-f_1►111 EV_1►1_1 ATTACHMENT B PROPOSER'S STATEMENT City of Santa Ana I RFQ 21- 093 Revised Proposal Proposer understands and agrees that this written RFQ (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposerfurther agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFQ 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. Al terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFQ. Signed and Printed Name: Title Principal Date 9/10121 Graem e THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFQ No. 29-093 American Rescue Plan Act Consulting Services Page 24 of 34 tsftYr8bdhalof data contained on this sheet is subject ttoth2r4stricM on the title page of this propGP2�2&2'YZ 9 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 4.3 Attachment C: Non -Collusion Affidavit Grant Thornton's completed, signed, and notarized Attachment C follows this page. eftYr8!6Ufvalof data contained on this sheet is subject to thi2wtric" on the title page of this propca��/20?2t®22 o Grant Thornton Public Sector LLC CITY OF SANTA ANA ATTACHMENT C NON -COLLUSION AFFIDAVIT City of Santa Ana I RFQ 21- 093 Revised Proposal (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or share; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note; The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed <�- / (✓c State of California, County of ASubscribed and sworn to (or affirmed) before me on this /f) day of &e fey("r 20 2 ( , by proved to me on the basis of satisfactory evide ce to be the person(s) who appeared before me. ATTACHMMT �!+ "ON`I��GMBKr 0- Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFQ No. 21-093 American Rescue Plan Act Consulting Services Page 25 of 34 eftyr8!6bfvalof data contained on this sheet is subject to on the title page of this propa��/20?2t2r2. Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal CALIFORNIA JURAT 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: Contra Costa Subscribed and sworn to (or affirmed) before me on the `1 0 day of 9-p , 2021 by_—J( rQ-p. 1 E IWi proved to me on the basis of Signature: Kajol Rana. Chhetri evidence to be the personV who appeared before me. *: KAJOL RANA CHHErRI COMM, # 23640M NOTARY WBLiCCALIfOHNIA>y CO NTRACOVACOUNre 7n MYC0MMI8SI0NMPIRES " JULY O4, 20U Title of Document: WO -COINS -Ion A ' i ctgv,+ Total Number of Pages including Attachment: Notary Commission Expiration Date: July 04, 2025 Notary Commission Number: 2364085 eftYr8!6Ufvalof data contained on this sheet is subject to 2. stric" on the title page of this prop"/20?2g2 2 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 4.4 Attachment D: Non -Lobbying Certification Grant Thornton's completed and signed Attachment D follows this page. eftYr8!6Ufvalof data contained on this sheet is subject to on the title page of this propca��/20?2t®22 3 Grant Thornton Public Sector LLC ATTACHMENT D NON -LOBBYING CERTIFICATION City of Santa Ana I RFQ 21- 093 Revised Proposal The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, oran employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed:%a .a Title: Principal Firm: Grant Thornton Public Sector LLC Date: 9/10/21 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFQ No. 29-093 American Rescue Plan Act Consulting Services Page 26 of 34 0ftyr8!6bfvalof data contained on this sheet is subject 44thi2wtric� on the title page of this prop"/20?2g22. Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 4.5 Attachment E: Non -Discrimination Certification Grant Thornton's completed and signed Attachment D follows this page. eftYr8!6Ufvalof data contained on this sheet is subject 45thi2wtric5e on the title page of this propca��/20?2t®22 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal ATTACHMENT E NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection fortraining, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicantsfor employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. RFQ No. 29-093 American Rescue Plan Act Consulting Services Page 27 of 34 tsftYr8bdhalof data contained on this sheet is subject to on the title page of this propGF2�2()?2'YZ6 Grant Thornton Public Sector LLC INIII was] JM_1►111EV-11►1e1 City of Santa Ana I RFQ 21- 093 Revised Proposal The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed Title: Principal Firm: Grant Thornton Public Sector LLC Date: 9110/21 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFQ No. 29-093 American Rescue Plan Act Consulting Services Page 28 of 34 tsftYr8bdhalof data contained on this sheet is subject 47thi2wtric5B on the title page of this propGF2/2()?2'YZ Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 4.6 Attachment F: Resumes Tamara Reynolds, MBA, PMP Ms. Reynolds' Outstanding Qualifications for Engagement Quality Reviewer Ms. Reynolds is Grant Thornton's state and local practice leader. Her team provides advisory services to government entities at all levels of all types of government (e.g. public higher education institutions, state agencies, county and city governments, and authorities). Ms. Reynolds brings 20+ years of consulting experience, including 10+ years leading risk management (including grants management) engagements. Relevant Experience COVID-19 Advisory Services — Ms. Reynolds leads engagements which advise public, private, and not - for -profit clients in how to maximize use of federal and non-federal funding sources while retaining compliance with program guidance and regulations. Ca1HFA — HRC Mortgage Relief Program — Ms. Reynolds leads Grant Thornton's engagement team supporting the California Housing Relief Corporation (CaIHRC) management of its $1.1 billion grant from the ARPA Homeowners Assistance Fund. Grant Thornton is supporting CaIHRC with program integrity, compliance reviews, eligibility determinations, fraud risk assessment and the development of internal controls for its quality assurance program. Federal Grants Management & Recipient Technical Assistance — Prior to leading the State and Local market, Ms. Reynolds was the Key Relationship Leader for the Department of Health and Human Services (HHS). As the largest grant -making Agency in the Federal government, many projects required grants management and grants recipient collaboration. Grants projects under her leadership included recipient compliance reviews for the Low Income Home Energy Assistance Program, fiscal stewardship and best practices reviews of State health departments (for the CDC), technical assistance to support recipients of a Traumatic Brain Injury program, and technical assistance for State recipients of the Preschool Development Grant B-5 grant program (for ACF). Superstorm Sandy Emergency Grants Management— Provided emergency grants management support with clients in the NJ Office of Emergency Management and NJ Environmental Infrastructure Trust. Grant Thornton continues to provide oversight over grant -funded construction projects. Work History Grant Thornton Public Sector LLC, January 2020 - present ■ Managing Principal, August 2020 - present ■ Principal, January 2020 - July 2020 Grant Thornton LLP, November 2003 - December 2019 ■ Principal, August 2010 - December 2019 ■ Senior Manager/Manager, November 2003 -July 2010. General Dynamics, Manager, April 1999 - November 2003 General Electric, January 1995 - April 1999 Education and Certifications M.B.A, Decision Analytics/Public Policy Emphasis, George Washington University B.S., Management Information Systems, Pennsylvania State University Project Management Professional (PMP), Project Management Institute Six Sigma Blackbelt - General Electric & the American Society for Quality (ASQ) Certified Group Facilitator eftYr8! cbfialof data contained on this sheet is subject to on the title page of this propca��/20?2t®22 8 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Wendy Morton-Huddleston, MBA, PMP, CGFM Ms. Morton-Huddleston's Outstanding Qualifications for Engagement Partner Wendy Morton-Huddleston is a Risk Advisory Services Leader and Principal in Grant Thornton's Public Sector practice. She has over twenty years of experience in project management, enterprise risk management, financial management, business process optimization, grants management, internal controls and strategic planning. Wendy currently serves as a senior advisor for several accounts to assess quality service delivery, methodology effectiveness and client satisfaction. Relevant Experience Marin County, CA Disaster Cost Recovery Services — Advise the client on disaster recovery and mitigation efforts in compliance with applicable local, state, and federal laws, regulations and FEMA requirements. Provide recommendations that impact grant eligibility, funding sources and expenditures. Grant Thornton LLP, Florida Division of Emergency Management — Leading a team of 40+ practitioners to address grants management requirements for hurricane relief of Irma & Michael across eight counties of subrecipients (education, law enforcement, healthcare) to execute compliance reviews on behalf of the state for reimbursement from FEMA - $70M processed as of April 2020. Innovation includes the use of Robotics Process Automation and Tableau visualization to achieve efficiencies. Grant Thornton LLP, Department of Homeland Security (DHS) Cybersecurity and Infrastructure Security (CISA) — Leading Provide advisory services in data analytics, audit remediation, and internal controls. Created efficiencies and effective controls within IT access, property management, and payment management workflows. Grant Thornton LLP, Department of Homeland Security (DHS) Secret Service — Provide advisory services in pre -audit readiness, post audit corrective actions and internal controls maturity. Grant Thornton LLP, United States House of Representatives — Provide engagement oversight and technical acumen to guide the internal control team to perform remediation of open Inspector General (IG) audit findings, Office of Management and Budget (OMB) Circular A-123 requirements, testing and implementation of ERM. Business process areas include accounts payable, acquisition management, budget, and financial reporting. Provide strategic insights to the business transformation office. Work H Grant Thornton LLP, August 2003 - present ■ Principal, August 2010 - present ■ Director, August 2006 - July 2010 • Senior Manager, August 2004 - July 2006 ■ Manager, August 2003 - July 2004 BearingPoint (formerly KPMG Consulting), Senior Consultant, July 2001 - August 2003 Arthur Andersen, Consultant, October 1996 - June 2001 Education and Certifications Executive Leadership Certificate, Cornell University M.B.A., Management, University of Maryland M.S., Finance, University of Maryland B.S., Finance/Minor: Business Administration, Norfolk State University Project Management Professional Certified Government Financial Manager eftyrC6 fiaof data contained on this sheet is subject to on the title page of this propca��/20?2t®22 9 Grant Thornton Public Sector LLC Poupee Kim, CICA City of Santa Ana I RFQ 21- 093 Revised Proposal Ms. Kim's Outstanding Qualifications for Federal Funding Compliance Supervisor Poupee Kim is a seasoned manager with extensive experience in providing disaster recovery, program management support and grant administration to federal, state and local governments. Her specific focus has been on Community Development Block Grant (CDBG) programs and FEMA Public Assistance funding, in the wake of Hurricanes Katrina, Rita, Ike, Irma and Michael. Ms. Kim has 15 years of quality control review, professional services and oversight consulting experience to state, local and federal government stakeholders. She is a Certified Internal Controls Auditor (CICA). Relevant Experience U.S. Department of State, Bureau of Administration, Office of Emergency Management, Diplomatic Continuity Program — Ms. Kim serves as a Senior Analyst lead to support the team in providing Risk Analysis, Business Process Analysis, and Business Impact Analysis for the Bureau of Administration for the Department of State (DoS). Ms. Kim helps infuse risk management in the process of identifying, collecting and analyzing mission essential functions (MEFs) on the Business Process Analysis/Business Impact Analysis (BPA/BIA) process, as proscribed by Federal Continuity Directives 1 and 2. The update and validation of essential functions includes conducting a comprehensive BPA to understand those processes necessary to the performance of organizational functions and requirements and also includes conducting a BIA to identify potential impacts on the performance of essential functions and the consequences of failure to sustain them. COVID-19/CARES Act Implementation — Ms. Kim serves as a FEMA lead under the COVID-19 Emergency Presidential Declaration. As a Subject Matter Expert (SME), Ms. Kim aids in managing claims to recover eligible expenses and lost revenues from COVID-19 with primary focus on recoveries from insurance, the CARES Act and FEMA Category B — Emergency Protective Measures. She assists in the development and review of Elements of Essential Information (EEI), Dimension and Description of Damages (DDD) and Scope of Work (SOW) for input into the Federal Emergency Management Agency (FEMA's) Grants Portal. Ms. Kim also supports the collaboration with healthcare professionals to identify and quantify other available funding sources (e.g. Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC), Private Insurance, and related entities). She collaboratively develops monitoring and compliance approaches intended to assist in maintaining documentation and securing appropriate reimbursement. She is also responsible for project management and driving the key work stream activities and deliverables to meet project objectives. California Department of Housing and Community Development (HCD) — Ms. Kim served as a Grants Management Subject Matter Expertise (SME) on HCD's CDBG and CDBG-DR program funds that were approved by HUD and allocated to the State of California to address unmet long-term recovery needs arising from damage caused by the 2017 wildfires, flooding, mudflows, and debris flows. She was responsible for the grant program requirements, business rules and processes, procedures, and internal controls to support the implementation of the grants management system. She supported the prime contractor through all Project Management Office (PMO) work -stream activities including the Project Implementation Plan, Validated Requirements Report, Gap Analysis and Configuration Plan of the system to match HCD's workflows. Florida Division of Emergency Management (DEM) Grants Management (Hurricane Irma) — Ms. Kim serves as the Project Manager responsible for providing comprehensive grants management services for Hurricane Irma (DR-4337) on behalf of the State of Florida and oversees Grant Thornton's grants management staff. Ms. Kim manages a team of 30+ professionals in their provision of compliance services while guiding Subrecipients through validation, reimbursement, closeout processes and timely deliverables. Ms. Kim manages the workflow of the Recipient Final Review approval for assigned PWs, coordinates the contract execution of subgrant agreements, and conducts the validation of cost documentation and expense support and reimbursement processes along with quarterly reporting and PW closeouts for small and large projects. Ms. Kim is also responsible for onboarding new team members and oversees the training and procedure process. eftyrC6 fiaof data contained on this sheet is subject tothi2�stric� on the title page of this propca��/20?2f®22 0 Grant Thornton Public Sector LLC Work History Grant Thornton Public Sector LLC, January 2020 - present • Manager, January 2020 - present Grant Thornton LLP, August 2018 — December 2019 ■ Manager, August 2018 — December 2019 CohnReznick LLP, Manager, May 2005 - January 2018 Education and Certifications City of Santa Ana I RFQ 21- 093 Revised Proposal B.A., International Studies, Towson University Institute for Internal Controls — Certified Internal Controls Auditor, CICA eftYr8!6bfvalof data contained on this sheet is subject t`olthi2wtriV on the title page of this propca��/20?2f®22 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal Christina Suthammanont, PhD, PMP Dr. Suthammanont's Outstanding Qualifications for Program Controls and Standards Supervisor Christina is a Senior Associate in Grant Thornton's Public Sector Digital Transformation and Management practice. Combined, she has twenty years' experience in higher education, customer engagement, resource optimization, and workforce analytics. She has led numerous independent and collaborative research projects, from initial literature review and data collection through analysis, reporting, and presenting to both technical and non -technical audiences. Christina has a doctorate (PhD) in quantitative political science and holds certification as a Project Management Professional (PMP). Relevant Experience Grant Thornton Public Sector, LLP — Grants Management. Serve as workstream lead for several programs at New Castle County. Lead development of testing plans, risk analysis matrixes, and workpaper and testing templates. Provide thought leadership around position statements and review work products as produced by the team. Coordinate all client -based correspondence and engage with clients to provide briefings and discuss and resolve potential issues. Provide quality assurance and control of team eligibility and compliance testing of expenses claimed under federal funding streams. Workforce Analytics and Optimization. Provide advisory and analytics support to federal agencies with focus on workforce optimization methods, assessing workforce capacity, and identifying process improvements using a variety of methodological tools and approaches. Perform risk assessment and mitigating strategies as part of grants management project. Contribute to research and development of capabilities within Digital Transformation and Management service line. Demonstrate thought leadership through developing white papers and position statements addressing timely client or environmental issues. Conduct requirements gathering sessions with key stakeholders and subject matter experts. Collect workforce data via interview, unstructured documents, and structured data resources; assess data quality, cleanse data and prep for analysis; perform data analysis supported by data type and quality; report key findings in executive summary and comprehensive reporting, study documentation, and knowledge transfer materials in larger report. Identify opportunities for process, data, and workforce improvements with strategic and tactical client benefits. Develop, implement, and analyze compliance and risk assessment instruments DRT Strategies, Inc. — U.S. Department of Agriculture, Office of the Chief Information Security Officer (OCIO); Cybersecurity Executive Order. Collaborate with ISC leadership to develop and implement strategic cyber security initiative, including Department -wide cybersecurity IT consolidation, in response to OMB Cybersecurity Risk Management Assessment and within NIST Risk Management Plan. Collaborate with stakeholders as Subject Matter Expert on enterprise -wide survey, developing methodology and content to achieve objectives; conduct analysis and reporting. Gather requirements, identify risks and milestones; facilitate communication across multiple working integrated project teams (WIPT), and monitor performance goals while mitigating risks. Mentor professional development of project management skills in fellow colleagues. Provide Service Delivery strategic support with analysis of alternatives, data collection, and analysis. Leverage program building experience to identify and develop corporate strategy for business development. Create and deliver corporate training program and materials to further competitive advantage through providing professional development opportunities. Work History Grant Thornton Public Sector LLC, Senior Associate, June 2019 - present DRT Strategies, Inc., Project Manager and Consultant, February 2018 -June 2019 International Business Machines, Inc. (IBM), Managing Consultant, January 2016 - August 2017 Texas A&M University -San Antonio, Assistant Professor and Program Coordinator, August 2010 - February 2016 eftYr8!6bfvalof data contained on this sheet is subject to2thi2!4stric69 on the title page of this prop"/20?2t®22 Grant Thornton Public Sector LLC Education and Certifications PhD, Quantitative Political Science, Texas A&M University B.A., Political Science, New York University Project Management Professional (PMP) City of Santa Ana I RFQ 21- 093 Revised Proposal eftyrC6 fiaiof data contained on this sheet is subject tothi2wtricM on the title page of this propca��/20?2t®22 3 Grant Thornton Public Sector LLC Khiry Burke City of Santa Ana I RFQ 21- 093 Revised Proposal Mr. Burke's Outstanding Qualifications for Reporting and Data Compliance Supervisor Khiry is a Senior Associate in Grant Thornton's Public Sector Risk Advisory and Management practice. Mr. Burke has 5+ years of experience in internal auditing, financial analysis, contracts compliance, federal grant monitoring, project database management, and support of system update/modernization. Khiry has lead teams through the Compliance Monitoring life cycle that resulted in quality deliverable submission. Relevant Experience COVID-19 — New Castle County, DE Coronavirus Relief Fund Grant Management— Mr. Burke led a team in the development of New Castle County Office of Finance's policy and procedures for recording, reconciling, monitoring, and reporting on Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Fund usage. He conducted interviews with multiple stakeholders within the County to document their processes. Mr. Burke managed a team that resolved potential issues brought forth by the New Castle County's Internal Audit Department. He assisted in the development of the process to conduct eligibility testing related to Administrative Leave as it pertained to CARES Act Fund usage. Florida Division of Emergency Management (FDEM) — Mr. Burke was responsible for data migration, Quality Assurance and Quality Control (QAQC) reviews, and Request for Reimbursement (RFR) compliance testing for Grant Thornton's disaster recovery and grants management engagement. He interacted with system interfaces such as the Federal Emergency Management Agency (FEMA) Grants Portal, EMMIE, and Florida PA. He performed cost validations of line items under the regulations of 2 CFR 200 and Proposal & Award Policies & Procedures Guide (PAPPG) to assist subrecipients with the reimbursement process. Texas Lottery Commission — Contract Compliance Monitoring Services — Mr. Burke performed testing and verification of the client vendor data interface system, compliance financial data reports, and application of software change management. Reviewed software change management practices and documentation to ensure adequate quality assurance testing and client acceptance prior to release of software. Performed detailed testing of contract requirements, which included: verification that interfaces were transferred in accordance with the data exchange schedule, accuracy of reporting compliance with service level requirements, software requirement specifications, and data center operations. Executed quarterly testing of primary contract terms for account management and administration including, service management, facilities support services, business continuity, disaster recovery, and training. Developed quarterly testing procedures that addressed high, medium, or low compliance area risks to fully address potential contract related issues. Supported database updates, which contained over 1,000 contract requirements, contract amendments, testing schedules, procedures as well as results/follow-up actions. Developed weekly reports. Supported Project Manager with resource management, revenue forecasting, and client invoice reviews. Texas Department of Transportation (TxDOT) — Enterprise Information Management Strategic Planning Services — Mr. Burke developed the master project schedule through the use of Microsoft Project and monitored progress. Supported the stakeholder interview process of approximately 100 TxDOT employees, which included senior executives. Prepared documents, drafted minutes and conducted analyses. Utilized interview data to develop Tableau Data Visualizations that displayed trend data for additional analysis. Assisted in development of an Enterprise Information Management (EIM) Strategic roadmap, which displayed the proposed timeline of transitioning the department's legacy systems to an updated system. Texas Division of Emergency Management (TDEM) — Grants Monitoring — Mr. Burke partnered with FEMA personnel as an agent of the State of Texas Department of Emergency Management for federally declared disasters declarations 4223, 4245, 4255, 4269, and 4272. Supported financial management activities for the State Public Assistance program. Assisted with sub -recipient appeals, reviewed procurement of contracts and examined sub -recipient's support of eligible costs. Assisted applicants with Federal and State procurement law compliance issues. Managed the project management database by eftyrC6 fiaof data contained on this sheet is subject t`o4thi2wtric" on the title page of this propca��/20?2t®22 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal updating and tracking sub -recipient project worksheets as they proceeded through the Public Assistance program. Prepared status reports and assisted in drafting budgets that were submitted to the client. Facilitated training employees on project management databases and preparation of status reports. Work History Grant Thornton Public Sector LLC, January 2020 - present • Senior Associate, January 2020 - present Grant Thornton LLP, February 2016 — December 2019 • Senior Associate, August 2018 — December 2019 ■ Associate, February 2016 — August 2018 Alabama Department of Revenue, Internal Audit, Accountant I, June 2015— February 2016 Education and Certifications B.S., Business Administration -Accounting, Troy University eftyrC6 fiaof data contained on this sheet is subject to 55thi2wtricM on the title page of this propca��/20?2t®22 Grant Thornton Public Sector LLC David Barth, MPA City of Santa Ana I RFQ 21- 093 Revised Proposal Mr. Barth's Outstanding Qualifications for State & Local Grants Compliance Subject Matter Expert Dave will advise on all requirements of the ARPA/SLFRF award. He has over twenty years of experience with grants and financial management systems and over forty years of experience working with state governments focused on financial management solutions and advisory services. He leads multiple state government engagements supporting disaster recovery activities, FEMA compliance monitoring and CARES Act and ARPA support. He has extensive experience with governmental business operations and is considered a subject matter expert in many fields within the firm. Prior to joining Grant Thornton, he was the Director of Budget and Finance for the New Jersey Department of Environmental Protection and was responsible for the overall financial management of the Department's operating budget, federal grant programs and special revenue funding; and negotiating the Department's indirect cost rate with US Environmental Protection Agency. Relevant Experience CaIHFA — HRC Mortgage Relief Program — Serves as a Subject Matter Expert providing California Housing Finance Authority (CaIHFA) and its subrecipient agency California Homeowners Relief Corporation (HRC) manage the State's Mortgage Relief Program funded through the ARPA — Homeowners Assistance Fund appropriations representing approximately $1.1 billion. Dave's specific focus is to provide 2 CFR 200 compliance support and eligibility determinations along with the evaluation of HRC's Policies and Procedures for federal program compliance. Golden Gate Bridge, Highway & Transportation District— Serves as a Subject Matter Expert assisting the District's with eligibility determinations of its COVID response activities associated with FEMA's Public Assistance Program. Key aspects of the work involve the coordination between the District, CalOES and FEMA; and the submission on project documentation through FEMA's Grants Portal. Marin County— Disaster Cost Recovery— Serves as a Subject Matter Expert supporting the Grant Thornton's team working with the County to develop its COVID response program including emergency food distribution; non-congregant housing; COVID testing; and vaccine distribution. Key aspects of the work involve the coordination between the County, CalOES and FEMA; the submission on project documentation through FEMA's Grants Portal; and validating claimed costs within the requirements of 2 CFR 200 and FEMA's Public Assistance Guide. New Castle County CRF Subrecipient Monitoring — Serves as the Engagement Director with New Castle County as a direct recipient of CARES Act Coronavirus Relief Fund. His responsibilities serve to support the County with the review of the County program guidance, its system of internal controls, subrecipient risk assessment and subrecipient monitoring and reporting. Southern California Regional Rail Authority - Metrolink — Served as the Engagement Director and Project Manager supporting Metrolink's compliance with federal requirements under the CARES Act. Metrolink represents the centralized transportation agency in southern California for Los Angeles, Orange, Riverside, Ventura and San Bernardino Counties. The focus of Grant Thornton's work is the development of funding strategies on the use of CARES Act monies specifically from the Federal Transit Authority (FTA) and FEMA. COVID - CARES Act Implementation — Served as the Engagement Director for ten different Healthcare — FEMA clients including WellSpan Health, St. Joseph's Hospital, Grant View Health, Indiana University Health, St. Francis Healthcare System, Geisinger Health, AtlantiCare Health, Beebe Health, Doylestown Hospital and AHRC. His responsibilities included the coordination between Grant Thornton grants management specialists (FEMA) and the commercial healthcare practitioners. The focus of the integrated services was to address healthcare systems' response to the treatment of COVID patients; compliance with federal requirements and maximizing federal funding through the Provider Relief Fund. Florida Division of Emergency Management - Serves as the Engagement Director supporting the State of Florida recovery from the impacts of Hurricanes Irma and Michael, monitoring compliance with FEMA 0ftYrC6 fiaiof data contained on this sheet is subject tothi2wtriV on the title page of this propca��/20?2t®22 6 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal requirements and assisting local governments through their recovery process. Responsibilities include the QA/QC review of all assigned Project Worksheets, final approval of subrecipient reimbursement requests, management of technical staff and providing guidance on the project implementation. Passaic Valley Sewerage Commission (PVSC) - Serves as the Project Manager for Grant Thornton's contract with the New Jersey Department of Treasury to provide fiscal integrity oversight and compliance monitoring reviews of FEMA funded recovery efforts. The monitoring involves the compliance reviews of PVSC's financial, administrative and procurement processes; invoice processing and contractual payments; and monthly reporting of 12 engineering and/or construction projects associated with approximately $500 million in recovery and mitigation work. Texas Department of Public Safety - Served as a Senior Emergency Management Specialist supporting the Texas Division of Emergency Management (TDEM) in their FEMA Public Assistance Program recovering from presidentially declared disasters in 2015 and 2016, providing quality assurance reviews of FEMA Project Worksheets (PW); and authorizing payment approvals as TDEM's Grant Administrator. Mr. Barth was responsible for the management of Grant Thornton staff assigned to TDEM overseeing the project and account closeouts. New Jersey Office of Emergency Management (NJOEM) - Served as the Program Manager of Grant Thornton's contract with the New Jersey Office of Emergency Management (NJOEM) reviewing compliance procedures for small project PWs, developing the required standard operating procedures, and providing a QA/QC review of small project PWs related to the Superstorm Sandy recovery efforts. Director, Division of Budget and Finance, New Jersey Department of Environmental Protection - Responsible for the implementation, execution and management of the Department of Environmental Protection's (DEP) annual operating and capital budgets including related federal funding. Responsible for the Department's financial accounting and grants management systems and procurement operations. Lead the implementation of a Performance Base Budget system integrating programmatic budget needs, strategic directions and financial solutions; developing the schedule, issuing the necessary guidance, overseeing and preparing the required financial analyses of multiple funding options as part of DEP's annual budget process. Participated on a work team to incorporate Key Performance Indicators into a budget measurement system. Coordinated an internal DEP team to identify multiple state and federal funding sources to address immediate response activities to Hurricane Sandy damage. Developed a management structure to identify, maximize and manage federal funding sources for New Jersey's Rebuilding and Recovery efforts as they related to the New Jersey Department of Environmental Protection recovery efforts. Established the process and procedures to ensure the necessary internal controls were in place to oversee the spending and grant compliance conditions during the implementation phases of rebuilding. Deputy Director, Division of Financial Management, Planning and General Services - Responsible for the financial condition of the Department's appropriations of General State Funds, Bond Funds, Special Revenue Funds and associated Dedicated Funds. Responsible for the supervision of the Department's procurement activities. Authorized as a Department's Fiscal and Budget Officer. Representative of the Commissioner in financial matters associated with general obligation bonds, authority debt financing and tax reform issues. Work History Grant Thornton Public Sector LLC, Director, January 2020 - present Grant Thornton LLP, Manager, October 2013 — December 2019 New Jersey Department of Environmental Protection, Director of Budget and Finance, September 1995 — June 2013 Education and Certifications M.P.A., Rider College, Program for Administrators B.A., U.S. History, Fairfield University eftyrC6 fiaof data contained on this sheet is subject t`o7thi2wtric6T on the title page of this propca��/20?2t®22 Grant Thornton Public Sector LLC Rachel Stushek, CPA City of Santa Ana I RFQ 21- 093 Revised Proposal Ms. Stushek's Outstanding Qualifications for Audit Subject Matter Expert Ms. Stushek has over 17 years of experience providing auditing support to non-profit organizations. Ms. Stushek has approximately 4 years of experience working with Federal entities. She has experience serving under audits that were performed under Government Accountability Office (GAO) "Yellow Book" auditing standards, American Institute of Public Accountants (AICPA) auditing standards, and OMB Circular A-133/uniform guidance. Rachel leads audit and assurance engagements providing quality assurance role, risk management and serves as a consultative resource for technical questions and issues for various audits, performance audits, and examinations. Relevant Experience Office of Personnel Management (OPM), Defense Finance and Accounting Services (DFAS), Defense Contract Management Agency (DCMA), Social Security Administration (SSA); Federal Communications Commission (FCC), Air Force Working Capital Fund (AFWCF), Washington Headquarters Services (WHS); U.S. Special Operations Command (USSOCOM), Office of Navajo and Hopi Indian Relocation (ONHIR) — Ms. Stushek has served each of these audit and assurance clients in her role as Professional Practice Director of Grant Thornton's Public Sector audit practice. In this quality assurance role, she assists in managing risk and serves as a consultative resource for technical questions and issues for various audits, performance audits, and examinations. Salvation Army Central Territory— Ms. Stushek served this church denomination and social services agency throughout all of her years at Grant Thornton. At various times, she managed the financial statement and single audits of individual operating units in Indianapolis, Kansas City, St. Louis, Chicago, Grand Rapids, the Twin Cities and Omaha. For the last three years, she also directed overall coordination of all ten operating unit audits, and also managed and reviewed the high risk areas of the consolidated audit of the Salvation Army Central Territory. The operating unit audits were performed under GAO "Yellow Book" auditing standards as well as AICPA auditing standards, and the consolidated audit was performed under AICPA auditing standards. Work H Grant Thornton LLP, July 2009 - present ■ Managing Director, August 2019 - present ■ Director, August 2014 - July 2019 ■ Manager, August 2010 - July 2014 • Senior Associate, July 2009 - July 2010 Deloitte & Touche LLP, July 2003 - June 2009 ■ Senior Associate, August 2006 - June 2009 ■ Associate, July 2003 - July 2006 Education and Certifications Bachelor of Science, Accounting, Grove City College Certified Public Accountant, Virginia and Illinois eftyr8! cbfialof data contained on this sheet is subject tothi2wtric" on the title page of this propca��/20?2t®22 8 Grant Thornton Public Sector LLC Susanna Koo City of Santa Ana I RFQ 21- 093 Revised Proposal Ms. Koo's Outstanding Qualifications for Cross -Functional Expertise Support Susanna is a Senior Associate at Grant Thornton's Public Sector Los Angeles office with over 3 years of professional management consulting experience. Ms. Koo has led projects and teams to success utilizing strategic business planning. She has a strong ability to support all business functions and prioritize tasks to execute project deliverables. Relevant Experience COVID-19 — New Castle County, DE Coronavirus Relief Fund - Ms. Koo evaluated and processed more than 50 Subrecipient applications. She reviews the Subrecipient's supporting documentation in compliance with the US Treasury's Coronavirus Relief Fund guidance for eligible costs to be reimbursed. Los Angeles World Airport (LAWA) — Project Administrator - Prepare, update and distribute meeting minutes, risk log, action item log, issue log and decision log. Provide meeting highlights to Project Manager for decision. Schedule and attend project status and technical meetings. Login and distribute record of submittals and Request for Information (RFIs). Assist and manage with the Project Manager for cost control throughout the task orders initiation and procedure. Harley Ellis Devereaux, Project Administrative Assistant - Support the Project Management team and Studio Leaders with quality, and confidentiality, quickly manage risk issues, create work plan for wallboards, schedule budget impacts, and ensure issues are corrected. Perform administrative functions, including calendar management, scan and copy documents, review contracts, reports, manage budgets, and create letters of transmittals, meeting minutes, agendas, and attendance record. Prepare for meetings/events, manage project schedules, and assist in strategic planning utilizing WebEx, GoToMeeting, and Outlook, and distribute to relevant teams. Collaborate on multiple projects during Construction Document Phase, review all RFCs/RFIs/Submittals/Sketch log through Newforma system, and coordinate with Senior Project Architects from conception to completion. Create Budget Analyst reports/summaries for Senior Project Managers, throughout the project lifecycle for the evaluation of project performance. Act as the main contact for General Contractors, Owner Representatives, Consultants, and Operation Teams for schematic design, design development, construction administration and any project related items. Work History Grant Thornton Public Sector LLC, January 2020 - present ■ Senior Associate, August 2020 — present ■ Associate, January 2020 — July 2020 Grant Thornton LLP, Associate, October 2018 — December 2019 Los Angeles World Airport, Project Administrator, Jan 2018 — Mar 2021 Harley Ellis Devereaux, Project Administrative Assistant, Jan 2014 — Jan 2018 Education and Certifications B.A., Economics, University of Southern California 0ftYr8!6bfvalof data contained on this sheet is subject tothi2wtricM on the title page of this propca��/20?2t®22 9 Grant Thornton Public Sector LLC Eric Fey City of Santa Ana I RFQ 21- 093 Revised Proposal Mr. Fe 's Outstanding Qualifications for Cross -Functional Expertise Support Eric is an adaptable professional applying general government experience in the public sector while located in our Sacramento office. Eric demonstrates proven talent for analyzing problems using data, developing, and simplifying procedural improvements and operations design. He has developed a particularly strong understanding of the following areas: technical report research, writing and editing, statistical Analysis, and project management. Relevant Experience Grant Thornton Public Sector LLC - Specialization in grant subrecipient monitoring and compliance for disaster relief funding. Assist with Coronavirus Relief Fund reimbursement procedures and interpret US Treasury Department guidelines for New Castle County, DE. Expedite Golden Gate Bridge District's Request for Public Assistance for Federal Emergency Management Agency reimbursement of all eligible costs under Category B. Federal Emergency Management Agency - Provide focused Senior Leadership Briefings to FEMA Region IX Administrator and National Watch Office tracking California's daily response efforts in response to COVID-19. Interface with state and federal partners to determine information requirements within the Incident Command Structure. Conduct research related to a broad range of response topics from state organization, medical & safety developments and data analytics. Florida State University - Research for the Leroy Collins Institute "Better Choices: Evidence -based policymaking techniques could improve Florida's outcomes for delivery of human services programming. Served as Public Administration Graduate Association Vice President. Work History Grant Thornton Public Sector LLC, Associate, April 2021 - present Federal Emergency Management Agency, Situation Unit Lead, July 2020 - January 2021 Florida State University, Research and Teaching Graduate Assistant, August 2019 - present Education and Certifications M.P.A., Florida State University, Projected December 2021 Bachelor of Public Policy Administration in Public Management, James Madison University eftYr8!6bfvalof data contained on this sheet is subject ttothi2wtric" on the title page of this propca��/20?2t®22 0 Grant Thornton Public Sector LLC Tim Luzano City of Santa Ana I RFQ 21- 093 Revised Proposal Mr. Fe 's Outstanding Qualifications for Senior Compliance Specialist Mr. Luzano is a Manager with Grant Thornton Public Sector, LLC. He is an accomplished data management practitioner overseeing engagements regarding data governance, data quality, and data integration. Mr. Luzano is also an accomplished finance professional with demonstrated ability performing financial analysis including, but not limited to Income Statement analysis, Budgeting, Forecasting, and Cost Planning. Mr. Luzano has extensive Public Sector experience working with Texas Department of Transportation (TxDOT), Utah Department of Transportation (UDOT), and Hawaii Department of Transportation (HDOT). Relevant Experience Grant Thornton, Utah Department of Transportation — Grant Thornton is currently working with the Utah DOT to implement an open data and business intelligence platform to provide them with an analytical, reporting and dashboard management tool that provides transparency and actionable information. This solution provides an integrated data storage, ETL and data visualization platform used to facilitate functions with the agency and enables personnel at UDOT to perform their jobs more efficiently. Texas Department of Transportation — Grant Thornton was hired to provide TxDOT with EIM strategic planning services including the development of an information management strategy and a 10-year implementation roadmap to modernize TxDOT's data management and analytics platform, as well as the supporting projects and programs needed to help make such a platform successful. Hawaii Department of Transportation — Grant Thornton is working to implement an open data and BI platform for the Hawaii Department of Transportation in order to deliver actionable insights to stakeholders throughout the agency using up-to-date, accurate data through a series of dashboards and reports hosted on the cloud -based data portal. Grant Thornton's efforts with HDOT include process automation, data transformation, custom report development work and collaborating with leadership to design and track Key Performance Indicators for the organization (KPIs). The entire engagement operates using agile project management under which requirements and solutions evolve through the collaborative effort of self -organizing and cross -functional teams and their customer/end user. Work History Grant Thornton Public Sector LLC, Manager, Aug 2018 - present Sears Holdings Corporation, Manager Reporting and Analytics, Nov 2015 — Feb 2017 Brown -Forman, Senior Financial Analyst, June 2013 — June 2015 Humana, Financial Analyst, June 2009 — June 2013 McCauley, Nicolas, and Company, Staff Accountant, Nov 2008 — May 2009 General Electric, Financial Services Representative, May 2006 — Oct 2008 Education and Certifications M.S., Business Analytics, University of Notre Dame M.B.A., Indiana University B.S., Accounting, Indiana University Certified Data Management Professional (CDMP) Project Management Professional (PMP) Certified Scrum Master (CSM) 5.0 References Grant Thornton's references are included in section 4.1 References. eftYr8!6bfvalof data contained on this sheet is subject ttolthi2!4stric7T on the title page of this prop"/20?2f®22 Grant Thornton Public Sector LLC City of Santa Ana I RFQ 21- 093 Revised Proposal 6.0 Evidence of Financial Capacity Grant Thornton, if awarded a contract, will provide requested evidence of financial capacity. eftYr8!6Ufvalof data contained on this sheet is subject ttothi2wtricM on the title page of this propca��/20?2f®22 2 Grant Thornton Public Sector LLC 7.0Insurance City of Santa Ana I RFQ 21- 093 Revised Proposal Grant Thornton maintains professional liability insurance and general commercial liability insurance coverage for the provision of accounting and advisory services. The insurance coverage and limits are consistent with other national accounting firms of its size. Upon acceptance of Grant Thornton's proposal to provide services, and upon request, Grant Thornton will provide the City verification of professional liability insurance and/or a certificate of general commercial liability insurance. Grant Thornton does not provide copies of its insurance policies to third parties. [NOTE: SEE SECTION 2.6 FOR WARRANT OF ERRORS AND OMISSIONS INSURANCE] eftYr8!6bfvalof data contained on this sheet is subject ttothi2wtricM on the title page of this propca��/20?2f®22 3 * GrantThornton GT.COM This proposal is the work of Grant Thornton Public Sector LLC, the U.S. member firm of Grant Thornton International Ltd, and is in all respects subject to negotiation, agreement, and signing of specific contracts. The information contained within this document is intended only for the entity or person to which it is addressed and contains confidential and/or proprietary material. Dissemination to third -parties, copying, or use of this information is strictly prohibited without the prior written consent of Grant Thornton Public Sector LLC. "Grant Thornton" refers to the brand under which the Grant Thornton member firms provide assurance, tax and advisory services to their clients and/or refers to one or more member firms, as the context requires. Grant Thornton International Ltd (GTIL) and the member firms are not a worldwide partnership. GTIL and each member firm is a separate legal entity. Services are delivered by the member firms. GTIL does not provide services to clients. GTIL and its member firms are not agents of, and do not obligate, one another and are not liable for one another's acts or omissions. Tax Professional Standards Statement This document supports Grant Thornton LLP's marketing of professional services, and is not written tax advice directed at the particular facts and circumstances of any person. If you are interested in the subject of this document we encourage you to contact us or an independent tax advisor to discuss the potential application to your particular situation. Nothing herein shall be construed as imposing a limitation on any person from disclosing the tax treatment or tax structure of any matter addressed herein. To the extent this document may be considered to contain written tax advice, any written advice contained in, forwarded with, or attached to this document is not intended by Grant Thornton to be used, and cannot be used, by any person for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code. ©2020 Grant Thornton Public Sector LLC I All rights reserved I A wholly -owned subsidiary of Grant Thornton LLP City Council 24 — 75 12/20/2022 EXHIBIT B City Council 24 — 76 12/20/2022 FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) — Equal Employment Opportunity: If this Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement: (i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will 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 Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. City Council 24 — 77 12/20/2022 (v) The Consultant will 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. (vi) The Consultant will 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 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. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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 subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction City Council 24 — 78 12/20/2022 contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The City Council 24 — 79 12/20/2022 Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Consultant must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) — Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, City Council 24 — 80 12/20/2022 or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (1) — Byrd Anti -Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. Q) Appendix II to Part 200 (J) — §200.323 Procurement of Recovered Materials: (i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — �200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Eauigment: (i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications City Council 24 — 81 12/20/2022 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 (L) — §200.322 Domestic Preferences for Procurement: (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; City Council 24 — 82 12/20/2022 (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Government -wide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. City Council 24 — 83 12/20/2022 (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. the following: Congress; (ii) The list of persons and entities referenced in the paragraph above includes (1) A member of Congress or a representative of a committee of (2) An Inspector General; (3) The Government Accountability Office; City Council 24 — 84 12/20/2022 management; enforcement agency; (4) A Treasury employee responsible for contract or grant oversight or (5) An authorized official of the Department of Justice or other law (6) A court or grand jury; or (7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Consultant acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. City Council 24 — 85 12/20/2022 (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant's successors, transferees and assignees for the period in which such assistance is provided. (v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant's subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title Vl of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on -site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. If Consultant makes sub -awards to other agencies or other entities, Consultant is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance. City Council 24 — 86 12/20/2022 Exhibit 1 Agreement_Guidehouse - ARPA Consulting Services_FINAL_12.2.22 Final Audit Report 2022-12-05 Created: 2022-12-05 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAA5AMgfhiALUGgthjal1avVepNizhOQ64o "Exhibit 1 Agreement _Guidehouse - ARPA Consulting Services_ FINAL_12.2.22" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2022-12-05 - 10:38:49 PM GMT- IP address: 98.153.69.210 Document emailed to Kathryn Downs (kdowns@santa-ana.org) for signature 2022-12-05 - 10:39:16 PM GMT Email viewed by Kathryn Downs (kdowns@santa-ana.org) 2022-12-05 - 10:52:39 PM GMT- IP address: 174.87.135.210 &0 Document e-signed by Kathryn Downs (kdowns@santa-ana.org) Signature Date: 2022-12-05 - 10:53:15 PM GMT - Time Source: server- IP address: 174.87.135.210 Agreement completed. 2022-12-05 - 10:53:15 PM GMT aAdotWAC'T�Owui8ign 24 - 87 12/20/2022 Finance and Management Services www.santa-ana.org/finance Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Approve an agreement with Questica Software Ltd. for citywide budget management software AGENDA TITLE: Approve an Agreement with Questica Software Ltd. in an Amount not to Exceed $231,804 for Maintenance and Support of Citywide Budget Management Software (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Questica, Inc. for the maintenance and support of Citywide Budget Management Software for a three-year term beginning January 16, 2023 through January 15, 2026, for an amount not to exceed $231,804 subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION On January 16, 2018, the City entered into an agreement with Questica Software Ltd. to implement a citywide budget software system ("Questica"). This agreement expires on January 15, 2023. The implementation of Questica in 2018 resulted in enhanced reporting capabilities, automation of the workflow process for both the operating and capital budgets, and a seamless integration with the City's financial and payroll systems. Additionally, Questica provides customized reports used to publish and print the annual budget book and the OpenBook feature. Questica's OpenBook promotes community engagement and transparency by presenting financial data in simple charts and graphs on the City's website. Currently, OpenBook is used to publish actual revenues and expenditures across multiple budget years and a Vendor Payment Register which is a summary of checks, ACH, and wire payments issued by the City. Under the new agreement, the City expanded the capabilities of both the Operating and Capital Modules at a discounted rate by Questica. The new features include: • Increasing the number of licensed users from 50 to unlimited. • Utilizing OpenBook to publish Capital Improvement Program (CIP) project information, Revive Santa Ana data, maps, business license data and more. City Council 25 — 1 12/20/2022 • Adding customized reports to enhance the tracking and reporting of capital project data. If the agreement is approved by City Council, staff anticipates incorporating these added features during the FY2023-24 budget cycle. Each of these features were added at a discounted rate by Questica, in exchange for entering into a three-year agreement. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for FY 2022-23 through FY 2024-25 will be budgeted and available in the Manaaement and SUnDort Services account (01110100-62300) as follows: Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description FY22-23 01110100-62300 General FMSA- Management & $83,934.67* Fund Support, Contract Services FY23-24 01110100-62300 General FMSA- Management & $73,934.67 Fund Support, Contract Services FY24-25 01110100-62300 General FMSA- Management & $73,934.67 Fund Support, Contract Services Contract Total $231,804 *Costs are higher in Year 1 due to the one-time cost associated with the addition and installation of unlimited licenses. EXHIBIT(S) 1. Maintenance and Support Agreement 2. Exception to Competitive Bidding Process Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 25 — 2 12/20/2022 Exhibit 1 Questica " Where brilliant begins. QUESTICA BUDGET MAINTENANCE AND SUPPORT AGREEMENT This MAINTENANCE AND SUPPORT AGREEMENT (the "Agreement") is made and entered into this 201" day of December, 2022 by and between QUESTICA SOFTWARE LTD., a corporation incorporated under the laws of Delaware, US ("Questica") and the City of Santa Ana, CA, including, without limitation, all its subdivisions, departments, and constituent entities within its legal scope and jurisdiction (collectively, the "Licensee"). BACKGROUND 1. On January 16, 2018, Questica and Licensee entered into a License and Services Agreement #A-2018-006. 2. Questica is the exclusive provider of Maintenance and Support Services for the Questica Budget product solution. 3. The Licensee wishes to receive Maintenance and Support Services for the licensed products, pursuant to the terms of this Agreement. 4. The Licensee wishes to receive Unlimited Licenses for the licensed products, pursuant to the terms of this Agreement NOW THEREFORE, in consideration of the premises and the mutual covenants contained herein and other good and valuable consideration (the receipt and adequacy of which are hereby acknowledged), Questica and Licensee (collectively, the "Parties" and individually, a "Party") agree as follows: 1. ORDER OF PRECEDENCE. All terms from the original License and Services Agreement and any subsequent changes or amendments remain in full force unless specifically addressed within this Maintenance and Support Agreement. 2. PERMITTED USE. Subject to the terms of this Agreement, Questica hereby grants to Licensee a perpetual, personal, revocable, non -transferable and non-exclusive license to use the Software, solely in executable code format, and the Documentation provided therewith, solely for Licensee's own internal business purposes exclusively within the facilities and sites within the jurisdiction of the Licensee. If Licensee wishes to use the Software at or from an additional site or sites outside of its jurisdiction, Licensee agrees to obtain a separate license for such site(s). Licensee's right to use the Software and the Documentation is limited to those rights expressly set out herein. Licensee shall not use the Software, in whole or in part, on behalf of or for the benefit of any other Person, including an affiliate of the Licensee, except as expressly provided herein. 2.1. PERSONNEL WORK -AT-HOME RIGHTS. Licensee's personnel (its employees and contractors) may use the Software from their homes as an extension of the license granted to the Licensee, for business related purposes. Licensee personnel may not use the Software at home for personal purposes. For greater clarity, Licensee shall be responsible for the use of Questica by 1 City Council 25 - 3 12/20/2022 any contractors, including any actions of omissions of such contractors, as though they were employees of Licensee. Licensee shall promptly deny access to the Software to (a) any employee or contractor who is no longer employed by License; or (b) any staff member would not normally require the use of the Software in the at -work environment. 2.2. PERMITTED CUSTOMIZATIONS. Questica also grants the Licensee a non-sublicensable, non- exclusive, non -transferable right to create, or to have created on its behalf, "Permitted Customizations" to the executable code components of the Software solely for internal use and only for use as part of and in conjunction with the related Software. "Permitted Customizations" is custom software or reports which are developed that access or interact with the Software or its associated database(s). The Licensee may only create Permitted Customizations that do not require the source code of the Software to create the Permitted Customizations. Permitted Customizations Do Not Inhibit Questica's Right to Innovate. Independently, Questica is continually innovating and improving the Software to meet the needs of its customers. The Licensee acknowledges that, while it has the ability to create its own Permitted Customizations, Questica must not be prevented from continuing to develop and enhance its software in any respect, even if such modifications may be similar to the Permitted Customizations in functionality, appearance or otherwise. Questica retains the right to (i) develop any modifications which may be similar to the Permitted Customizations; and (ii) integrate any or all of such modifications into its core product. 2.3. RESTRICTIONS ON USE. Except as set forth herein, Licensee shall (a) not copy the Software except to copy it onto the site computers being used by Licensee and to make copies of the Software solely for backup, training, disaster recovery or testing purposes; (b) not copy any of the Documentation for any use outside the site; (c) not assign this Agreement or transfer, lease, export or grant a sub -Licensee of the Work or the license contained herein to any Person or organization except as and when authorized to do so by Questica in writing; (d) not reverse engineer, decompile or disassemble the Software; (e) not use the Work except as authorized herein; (f) take such precautions with respect to the Software, as it would take to protect its own proprietary software or hardware or information. For the purposes of this Agreement, "Person" includes an individual, corporation, partnership, joint venture, trust, unincorporated organization, the Crown or any agency or instrumentality thereof or any other judicial entity recognized by law. 3. OWNERSHIP AND COPYRIGHT. Questica is the owner of all intellectual property rights in the Work, related written materials, logos, names and other support materials provided pursuant to the terms of this Agreement. No title to the intellectual property in the Work or in any magnetic media or other physical media provided therewith is transferred to the Licensee by this Agreement. Questica shall defend Licensee against any claim that the Work infringes a patent, copyright, trade- mark or other intellectual property right of any third party and Questica will pay resulting cost, damages and reasonable legal fees finally awarded, provided that i) Licensee promptly notifies Questica in writing of the claim; and ii) Questica has sole control of the defense and all related settlement negotiations. 2 City Council 25 — 4 12/20/2022 If such claim has occurred or in Questica's opinion is likely to occur, Licensee agrees to permit Questica at its option and expense, either to procure for Licensee the right to continue using the Work or to replace or modify the same so that it becomes non -infringing without loss of functionality. Questica shall have no obligation to defend Licensee or to pay costs, damages or legal fees for any claim based upon use of other than a current unaltered release of the Work, if such infringement would have been avoided by the use of a current unaltered release thereof. The foregoing states the entire obligations of Questica with respect to infringement or proprietary or intellectual rights of third parties. 4. LIMITED WARRANTY. Questica warrants that so long as Product Maintenance and Support services are provided by Questica, that the Software, when properly installed, will perform substantially in accordance with the accompanying written materials. If the Software does not so perform during such period, Questica will correct, at no cost to Licensee, programming errors in the Software to make the Software so perform provided that i) the Software has been properly used by the Licensee in accordance with the documentation furnished by Questica to Licensee in connection therewith; ii) Licensee notifies Questica of the programming errors and describes the nature of the suspected errors and of the circumstances in which they occur; iii) Questica, using reasonable efforts, is able to confirm the existence of the programming errors; and iv) Licensee or any third party has not changed or modified the Software. Licensee agrees that Questica shall not be liable to the Licensee or any other person, regardless of the cause, for the effectiveness or accuracy of the Software, the Documentation or any other related materials, or for any other special, indirect, incidental or consequential damages arising from or occasioned by the use of the Software, the Documentation or the related materials, or the failure or omission on the part of Questica to comply with its obligations under this Agreement. The Licensee hereby agrees that Questica's maximum liability for any claim arising in connection with the Software, the Documentation or any related materials (whether in contract, tort, including negligence, product liability or otherwise) shall not exceed the total Maintenance and Support fees paid by the Licensee. THE ABOVE EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS (EXPRESS AND IMPLIED) AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NO OTHER WARRANTIES OR CONDITIONS EXPRESS OR IMPLIED ARE GIVEN. S. LIMITATIONS OF REMEDIES AND DAMAGES. Subject to Section 10 hereof, Questica's entire liability and the Licensee's exclusive remedy under this agreement shall be i) if Questica is in breach of the Limited Warranty, to require Questica to replace any defective media or to correct any defects and make any modifications which are necessary to cause the Software to confirm in all material respects to the Documentation; or ii) the termination of this agreement. In the event of any such termination, Questica shall not be liable in the aggregate for any damages which exceed the amount paid hereunder by the Licensee to Questica as Maintenance and Support Fees. In no event, shall Questica be liable for indirect, special, incidental, or consequential damages, even if advised of the possibility of such damages. 3 City Council 25 — 5 12/20/2022 6. DISPUTE RESOLUTION. In the event of any dispute arising out of or relating to and/or in connection with this Agreement, the parties' project managers shall use every reasonable effort to resolve such dispute in good faith within ten (10) business days. If the project managers have failed to resolve the dispute within such time frame, then the dispute shall be escalated to the next escalation level. At each escalation level, the designated executives shall negotiate in good faith to resolve the dispute. Escalation Questica Management Licensee Period of Level Management Resolution Efforts First Level Customer Success Associate Project Manager 10 business days Second Level Customer Success Manager Finance Department 10 business days Manager Third Level President Director of Finance or 10 business days Treasurer 7. IRREPERABLE HARM. Licensee acknowledges and agrees with Questica that the breach by it of any of the provisions of Sections 1- 4, 8 or 10 of this Agreement would cause serious harm to Questica which could not adequately be compensated for in damages and in the event of a breach by Licensee of any of such provisions, Licensee understands that an injunction may be issued against it restraining it from any further breach of such provisions, but such actions shall not be construed so as to be in derogation of any other remedy which Questica may have in the event of such breach. 8. TERMS OF SERVICE. Terms, provisions, or conditions on any purchase order, acknowledgement, or other business form or writing that Customer may use in connection with the provision of Services (or software) by Questica will have no effect on the rights, duties, or obligations of the parties hereunder, regardless of any failure of Questica to object to such terms, provisions, or conditions. 9. FEES. Licensee agrees to pay the fees as specified in Appendix A. The total amount to be expended under this Agreement shall not exceed $231,804.31 during the term of this Agreement. This sum shall be comprised of $205,404.31 for the three-year term with a contingency amount of $26,400 for additional custom reporting needs. 10. PRODUCT MAINTENANCE AND SUPPORT. For the first year of this Agreement, upon paying the Licensee Fee and for each year thereafter, provided that Licensee continues to pay the Product Maintenance and Support Fees in accordance with the fees set out in Appendix A, Questica shall provide the Maintenance and Technical Support Services (the "Services") for the software as outlined in Appendix B, if the Licensee is not otherwise in breach of the provisions of this Agreement. If payment of the annual fee is not received by Questica before the first business day of the next additional year, Questica's obligation to provide the Services shall be terminated. Questica may, in its sole discretion, increase the Annual Product Maintenance or Support Fees upon 30 days prior written notice. It may elect not to increase these fees in any year, however no such waiver shall preclude Questica from applying the escalation to any subsequent year or part of a year, and from making the subsequent application as if all subsequent escalation had been duly made over the period since the last increase. 11. ACCEPTANCE OF CUSTOM WORK. Within fifteen (15) business days from the delivery of each individual Custom Work, the Customer/Licensee shall, in its sole discretion, review the Product 4 City Council 25 — 6 12/20/2022 Customization and notify Questica whether it finds the Customizations satisfactory or unsatisfactory. If its determined that the Customizations are unsatisfactory, then it shall state in writing the reasons for its determination, including identifying any nonconformance with the Licensee's specifications or expectations. Questica will promptly correct the deficiencies and reinstall the Customizations, and the approval procedure shall be reapplied until Licensee finally declares the Customizations satisfactory. In the absence of a written response within 15 Business Days after the delivery of the Customizations or once the Licensee has declared the Customizations satisfactory, the Customizations shall be considered 'Accepted'. 12. PAYMENT. Payment is required in the currency quoted. Terms are Net-30 days from the later of a) the date of receipt of invoice, or b) the invoice date. 13. CONFIDENTIAL INFORMATION. Each of the Parties shall use reasonable efforts (and, in any event, efforts that are no less than those used to protect its own confidential information) to protect from disclosure the confidential information only to its employees or agents who require access to it for the purpose of this Agreement or as otherwise provided in this Agreement. This Section shall survive the termination of the Agreement. For the purposes of this Section, "confidential information" means all data information which when it is disclosed by a Party is designated as confidential and shall include the Work and any other proprietary and trade secrets of Questica to which access is obtained or granted hereunder to Licensee; provided, however that confidential information shall not include any data or information which (a) is or becomes publicly available through no fault of the other Party, (b) is already in the possession of the Party prior to its receipt from the other Party, (c) is independently developed by the other Party, (d) is rightfully obtained by the other Party from a third party, (e) is disclosed with the written consent of the Party whose information it is, (f) is disclosed pursuant to court order, or other legal compulsion or (g) is subject to disclosure pursuant to federal and state public disclosure laws. 14. RESERVED 15. TERMINATION. This Agreement is effective as of the Effective Date and shall continue unless and until this Agreement is terminated. Licensee may terminate this Agreement if Questica is declared insolvent, has assigned this Agreement in violation of the terms and conditions herein, or has made an assignment for the benefit of creditors. This Agreement may be terminated by Licensee upon thirty (30) days written notice of termination. In such event, Questica shall be entitled to receive and Licensee shall pay Questica compensation for all services performed by Consultant prior to receipt of such notice of termination, and a termination fee if cancelled prior to the 3 year term. In the event that Licensee shall be in breach of any provisions of the Dispute Resolution Section outlined in this Agreement, Questica may provide notice of such breach to Licensee, who shall have thirty (30) days from the date of such notice to cure or rectify the said breach. Should Licensee fail to cure or rectify the said breach in the said thirty (30) days, Questica may terminate this Agreement. Such termination by Questica shall be in addition to and without prejudice to such rights and remedies as may be available to Questica including injunction and other equitable remedies. The provisions of Sections 2, 3, 9, 10, and 12 herein shall survive the termination of this Agreement. 5 City Council 25 — 7 12/20/2022 16. NOTICE. Any notice or other communication required or permitted to be given hereunder or for the purposes hereof to any party shall be in writing and shall be sufficiently given if delivered personally to such party, or if sent by prepaid registered mail or if transmitted by facsimile transmissions to such Parties as detailed in the attached Quotation or at such other address or facsimile number as the Party to whom such notice is to be given shall have last notified (in the manner provided herein) the Party giving such notice. Any notice delivered to the Party to whom it is addressed as provided herein shall be deemed to have been given and received on the day it is delivered at such address, provided that if such day is not a Business Day, then the notice shall be deemed to have been given and received on the Business Day next following such day. Any notice mailed to a Party shall be deemed to have been given and received on the fifth Business Day next following the date of its mailing provided that no postal strike is then in effect or comes into effect within four (4) Business Days after such mailing. Any notice transmitted by facsimile shall be deemed given and received on the day of its transmission if such day is a Business Day and if not, then on the next day that is a Business Day. 17. FORCE MAJEURE. Except as expressly provided otherwise in this agreement, dates and times by which any Party is required to render performance under this agreement or any schedule hereto shall be postponed automatically to the extent and for the period that such Party is prevented from meeting them by reason of any cause beyond its reasonable control (other than lack of funds), provided that the Party prevented from rendering performance notifies the other Party immediately and in detail of the commencement and nature of such cause and the probable consequences thereof, and provided further that such Party uses its reasonable efforts to render performance in a timely manner utilizing to such end all resources reasonably required in the circumstances, including obtaining supplies or services from other sources if same are reasonably available. 18. MEDIA RELEASES. Neither party shall use the name, trademark or logo of the other party without the prior written consent of the other party. Notwithstanding the foregoing, Questica may use the Licensee's name and identify the Licensee as a Questica client in advertising, marketing materials, press releases and similar materials. 19. USE OF SUBCONTRACTORS. Questica warrants that all persons assigned by it to the performance of this Agreement shall be employees or authorized subcontractors of Questica and shall be fully qualified to work under this Agreement. Questica shall ensure that an adequate number of appropriately qualified personnel are employed and available to satisfy its obligations as outlined in this Agreement. 20. EXPORT CONTROL. The Software is intended for distribution only in the United States and Canada. Licensee agrees that it will not directly or indirectly, export or re-export the Software (or portions thereof) to any country, person, entity or end user subject to U.S. or Canadian export restrictions. 21. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by the laws of the State of Delaware and the federal laws of the United States of America without regard to the conflict of law provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Subject to Section 5 above, the parties attorn to the exclusive jurisdiction of the courts of Delaware in respect this Agreement. 6 City Council 25 — 8 12/20/2022 22. MISCELLANEOUS. This Agreement shall be governed by the laws of the State of Delaware, US. Except as otherwise provided herein, no term or provisions hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 23. AUTHORIZED RESELLER STATUS; OPTION TO PURCHASE AFFILIATE PRODUCTS. Questica is a subsidiary of GTY Technology Holdings Inc. ("GTY") and an authorized reseller of products and services produced and provided by other subsidiaries of GTY (such subsidiaries, "Questica Affiliates"). These products and services include software -as -a -service technology for the procurement and vendor supplier sourcing industry, digital services and payment technology through a software -as -a -service platform, software solutions for grants management and indirect cost reimbursement and related implementation and consulting services, software tools to streamline permitting and licensing services, and additional web -based budgeting preparation, performance, management and data visualization solutions ("Affiliate Products"). Questica Affiliates include Bonfire Interactive Ltd., Bonfire Interactive US Ltd., eCivis Inc., CityBase, Inc., Open Counter Enterprise Inc. and Sherpa Government Solutions LLC. In addition to the products and services that are the subject of this Agreement, Subscriber has the option to purchase from either Questica, as an authorized reseller, or Questica Affiliates, Affiliate Products on terms and conditions, including pricing, to be agreed upon in writing by Subscriber and Questica or Subscriber and the applicable Questica Affiliate. 24. HEADINGS; SEVERABILITY. The headings and other captions in this Agreement are for convenience and reference only and are not to be construed in any way as additions or limitations of the covenants and agreements contained in this Agreement. In the event that any provision hereof is found invalid or enforceable pursuant to judicial decree or decision, any such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of this Agreement shall remain valid and enforceable according to its terms. 25. TERM. This agreement shall commence on January 16, 2023 for a three (3) year term, unless terminated earlier in accordance with Section 15, above. 26. INSURANCE. Questica shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by Questica, its agents, representatives, or employees. Questica shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data. 26.1. MINIMUM SCOPE AND LIMIT OF INSURANCE- Coverage shall be at least as broad as: 26.1.1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01, or an equivalent form, covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 7 City Council 25-9 12/20/2022 81 26.1.2. Automobile Liability: Insurance Services Office Form Number CA 0001, or an equivalent form, covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 26.1.3. Workers' Compensation Insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury, disease, and policy limit. 26.1.4. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Questica in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, with the exception of patent infringement and misappropriation of trade secrets, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. 26.1.5. Technology Professional Liability Errors & Omissions Insurance appropriate to the Consultant's profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Questica in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. 26.1.5.1. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the Agency in the care, custody, or control of Questica. If not covered under Questica's liability policy, such "property" coverage of the Agency may be endorsed onto Questica's Cyber Liability Policy as covered property as follows: If Questica maintains broader coverage and/or higher limits than the minimums shown above, the Licensee requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Licensee. 26.2. Other Insurance Provisions- The insurance policies are to contain, or be endorsed to contain, the following provisions: 26.2.1. Additional Insured Status -The Licensee, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Questica including materials, parts, or equipment furnished in connection with such work or operations. General City Council 25 — 10 12/20/2022 liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).Please note, if there is an insured vs. insured exclusion on the Questica's policy, carefully review with Questica and their insurance carrier on whether being added as an additional insured onto Questica's policy removes the Licensee's ability to file suit against Questica and draw upon the policy should final adjudication in a lawsuit state that Questica shall pay damages to the Licensee. 26.2.2. Primary Coverage- For any claims related to this contract, the Questica's insurance coverage shall be primary, with the exception of the Cyber/Errors and Omissions coverage. Coverage for commercial liability shall be at least as broad as ISO CG 20 0104 13 as respects the Licensee, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Licensee, its officers, officials, employees, or volunteers shall be excess of Questica's insurance and shall not contribute with it. 26.2.3. Notice of Cancellation- Questica shall provide notice of cancellation to Licensee upon receipt from its insurer(s). 26.2.4. Waiver of Subrogation- Questica hereby grants to Licensee a waiver of any right to subrogation which any insurer of Questica may acquire against the Licensee by virtue of the payment of any loss under such insurance. Questica agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Licensee has received a waiver of subrogation endorsement from the insurer. 26.2.5. Self -Insured Retentions -Self -insured retentions must be declared to and approved bythe Licensee. The Licensee may require Questica to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Licensee. 26.2.6. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A-VII, unless otherwise acceptable to the Licensee. 26.2.7. Claims Made Policies- If any of the required policies provide coverage on a claims -made basis: 26.2.7.1. The retroactive date must be shown and must be before the date of the contract or the beginning of contract work. 26.2.7.2. Insurance must be maintained and evidence of insurance must be provided for at least (5) years after completion of the contract of work. 26.2.7.3. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a retroactive date prior to the contract effective date, Questica must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. 26.2.8. Verification of Coverage- Questica shall furnish the Licensee with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). However, failure to obtain the required documents prior to the work beginning shall not waive the Questica's obligation to provide them. The Licensee reserves the right to require complete, certified copies of all required endorsements required by these specifications, at any time. 9 City Council 25 —11 12/20/2022 26.2.9. Subcontractors- Questica shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Questica shall ensure that Licensee is an additional insured on insurance required from subcontractors. 26.2.10. Special Risks or Circumstances- Licensee reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. [Signatures on the following Page] 101 City Council 25 — 12 12/20/2022 IN WITNESS WHEREOF the Parties have duly executed this Agreement as of the Effective Date. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Jose Montoya Assistant City Attorney QUESTICA SOFTWARE LTD. Authorized Signature Authorized Name Title: 11 I City Council Wendie Leest Director, Customer Success CITY OF SANTA ANA Kristine Ridge City Manager RECOMMENDED FOR APPROVAL: Kathryn Downs Executive Director Finance and Management Services 25 — 13 12/20/2022 APPENDIX A - Order Form Fixed Price Items Description Questica Budget Framework - All Modules Operating Licenses from 50 to Personnel Planning from 10to Capital Licenses from 50 to Read -Only Performance Measures Allocations Statistical Ledger OpenBook Transparency Professional Services Consulting Package Scope of Work - Appendix C Contingency for Services Scope to be determined as requested by Santa Ana (to be billed T&M) Qty Total $ 65,134.77 Unlimited Unlimited Unlimited Unlimited Included Included Included Included Included $ 3,600.00 $ 26,400.00 Annual Maintenance & Support $ 57,364.88 Unlimited Licenses (one-time license cost) $ 15,000.00 Discount - Unlimited Licenses (one-time license - $ 5,000.00 cost) Incremental Annual Maintenance & Support $ 7,500.00 Discount - Consulting Package - $ 3,600.00 Total Fixed 1st Year Price: $ 75,134.77 Year 1 $75,134.77 Software Maintenance from January 17th, 2023 to January 16th, 2024 Year 2 $65,134.77 Software Maintenance from January 17th, 2024 to January 16th, 2025 Year 3 $65,134.77 Software Maintenance from January 171h, 2025 to January 16th, 2026 12 1 City Council 25 - 14 12/20/2022 Pricing Notes: • Pricing valid through: December 20, 2022 • Above pricing in US dollars • Applicable Taxes Extra • Consulting Package Work required by: March 27, 2023 • Professional Services Items: This is an estimate only. All work to be invoiced monthly on Time & Materials basis. • Fixed Price Items: o Terms of Payment: ■ Software License • To be charged in full on the Quote Acceptance Date ■ Annual Maintenance: • Year 1 to be charged on a pro -rated basis based on time from Quote Acceptance Date to the anniversary date of the master agreement, due on Quote Acceptance Date CONTINGENCY INCLUSION: $26,400.00 available at Santa Ana's discretion for custom reporting/integrations, training, consulting, etc Termination Fee In the event the Licensee cancels this Agreement prior to the end of the 3-year term, the Licensee shall pay Questica a one-time termination fee of $7,500. This fee is subject to the provisions stated in Section 15 of this Agreement. Payment Terms Maintenance and Support fees are due in full in advance of the renewal period. Questica will issue a corresponding invoice a minimum 30 days prior to the renewal date. Additional Services Additional professional services can be purchased at Questica's then current rate, which at the execution date of this Agreement is $225/hr. Any additional services requested shall be in writing and signed by Licensee's City Manager before they are performed by Questica. 131 City Council 25 — 15 12/20/2022 APPENDIX B — Maintenance, Technical Support 1) Product Maintenance. On an as -available basis, Questica will provide enhancements, modifications or upgrades to the Software as Questica may from time to time make available to its Licensees generally ("Updates") but excluding any New Product (a "New Product" being a solution which, in Questica's determination and subject to general industry standards, does not replace the Software licensed hereunder.) Updates do not include: A) Platform extensions including product extensions to (i) different hardware platforms; (ii) different windowing system platforms; (iii) different operating system platforms B) New applications C) Services associated with the application or installation of Updates Installation of Updates is the responsibility of the Licensee. If requested, Questica will assist with the installation of Updates at its then current rates, including the testing of any site -specific customizations. Questica will provide a quote for any required rework associated with customizations resulting from the upgrade. 2) Technical Support Services. Comprehensive Phone and e-mail based Technical Support of a reasonable nature. A technical support incident or problem is a single user defined problem seeking resolution. It must be related to the original intent and design of the software. Support Services include the support of Questica supplied integrations that have not been modified by the Licensee. Each support incident is deemed closed when a remedy, workaround, or recommendation for the installation of a current maintenance release has been offered, and a commercially reasonable effort has been made to restore operation to the original intent and design of the software. Technical Support does not include: A) Custom Programming Services. B) On -site support. C) Software Installation or re -installation. D) Update Installation, or data and report updates required to support Updates. E) Licensee developed interfaces, API interactions, or customizations. F) Licensee developed reports. G) End -User Training or Re -Training. H) Licensee Hardware Issues. 1) Correction of data issues derived from user error or product misuse. J) Changes to Questica developed custom reports or product customizations (including Questica supplied custom business rules or customized user screens) that are outside the scope of the accepted specification, scope of work, or authorized change requests. K) Corrections to Questica developed custom reports or customizations beyond six months from the date of delivery. (the upgrade protection period) L) Changes to integration functionality made necessary due to licensee server modifications/replacement, or changes by upgrades or changes to the integrated financial system software or hardware. Questica may at its sole discretion, periodically make reasonable modifications or changes to the Technical Support Services and/or Product Maintenance Services and/or Hosting Services provided. 141 City ouncil 25 — 16 12/20/2022 Licensee is responsible for ensuring that its personnel have sufficient training to attain and maintain competence in the operation of the Software. Technical Support is available through Questica's normal business hours, Monday through Friday, 8:00am through 8:00pm, Eastern Standard Time. Extended coverage is available for an additional fee. Questica will provide an initial response to all properly submitted support requests within two (2) business hours of initial submission. 15 1 City Council 25 — 17 12/20/2022 APPENDIX C — Scope of Work (SOW) Consulting Package Questica's standard review, equating to approximately 16 hours of services provided by a member of Questica's Budgeting & Implementation Consulting team. The deliverables of which shall be: • Initial discovery meeting: Questica consultant chairs conversation to determine focus areas etc. • Product demo: walkthrough of new features, tailored to outcome of initial discovery meeting. • Review distributed budgeting (useful with unlimited licenses) • Deep dive: Includes consideration of the new features of the 2021 version: calendars, user tasks, notifications, discussions, and enhanced navigation through global search and explorer trees. • Change management: document package to assist with understanding of change management concerns to resolve before "Go Live" with a broader set of users. • Configuration: any immediate changes possible through the user interface (excludes custom programming and reports). • Questica Help guide: focused list of material for further review. • Output document: noting all findings and a plan for unresolved/unimplemented items. Limit of effort: Neither training sessions nor ad hoc reporting are implicitly included in -scope. Training not available within this scope may be purchased at the standard services rate. END OF MAINTENANCE AND SUPPORT AGREEMENT 16 1 City Council 25 — 18 12/20/2022 2022-12-05 - QUESTICA BUDGET MAINTENANCE AND SUPPORT AGREEMENT - (CAO Sig. 12.8.22) Final Audit Report Created: 2022-12-08 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAudMMZpbB21_IE6U8vxjmW8VDuiuFlBrg 2022-12-08 "2022-12-05 - QUESTICA BUDGET MAINTENANCE AND SUP PORT AGREEMENT - (CAO Sig. 12.8.22)" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2022-12-08 - 10:54:34 PM GMT- IP address: 98.153.69.210 Document emailed to Kathryn Downs (kdowns@santa-ana.org) for signature 2022-12-08 - 10:54:53 PM GMT Email viewed by Kathryn Downs (kdowns@santa-ana.org) 2022-12-08 - 11:02:23 PM GMT- IP address: 12.222.71.83 5 Document e-signed by Kathryn Downs (kdowns@santa-ana.org) Signature Date: 2022-12-08 - 11:02:43 PM GMT - Time Source: server- IP address: 12.222.71.83 Agreement completed. 2022-12-08 - 11:02:43 PM GMT a AdoQ9(&%A1gn 25 - 19 12/20/2022 EXHIBIT 2 CITY OF SANTA ANA FINANCE & MANAGEMENT SERVICES AGENCY PURCHASING DIVISION 20 CIVIC CENTER PLAZA M-16 SANTA ANA, CA 92701 PHONE (714) 647-5460 1 FAX (714) 647-6944 REQUEST FOR EXCEPTION TO COMPETITIVE BIDDING PROCESS Requests for exceptions to the competitive bidding process require detailed justification. This form must accompany your requisition whenever an exception to the competitive bidding process is requested. Such a request should not be made unless supported by factual statements that will pass an independent audit. The request must be approved the executive director or their designee. City Manager approval may be required for contracts exceeding $25,000. Failure to respond fully to any of the questions could result in delay or rejection of your request due to inadequate justification. DepartmentlSection: Requested By: Date: Finance/ Budget Office Shannon McCarron 10/07/2022 Recommended Vendor: Vendor's Email/Phone No. Vendor Contact: QueStica, LTD prabeau@questica.com 1-877-707-7755 x4613 Type of Contract: ❑One-time 21 Multi -Year Requisition No.: Amount: Renewal ❑Change Order ❑Increase $231,804 If the contract type is a Renewal, Amendment or Increase, please provide previous contract information Attachments: with this request (PO, RFCA, etc.). ®Yes ❑ No One or more of the following circumstances, with adequate justification, may serve as the basis for an Exception to Competitive Bidding (SAMC Sec. 2-807). Check off all that apply. ❑ Sole Source — only one known or reasonably available source due to a patented or proprietary feature exists and there is no acceptable substitute available for the product or service requested; ❑ Materials, supplies, labor, and equipment are necessary for the preservation of life, health or property; ❑ Formal solicitation attempted, but no bids were received or all bids were rejected and Council determined materials can be obtained at a lower cost; and ❑ Piggyback — purchases from vendors whose names are on current established lists and have been awarded the same type of purchase contract by another public agency (i.e. federal, state county, city, water district, school district, etc.) after a competitive bidding process. Other reasons for an exception to the competitive bidding process may include: ❑ Grant requires the use of a specific vendor; ❑ Purchase of used equipment is available at a significant discount; ❑ A one -of -a -kind product not available from more than one supplier, such as the procurement of a product with intrinsic historic, artistic or educational value; and The City desires to maintain an established aesthetic standard and/or functional characteristic for the purpose of preserving appearance and/or costs savings. NOTE: Please attach documentation to support justification (e.g. sole source letter, patent/proprietary information, solicitation number if attempted or piggybacking, market research, etc.) RCiit�-]Dftncil 25 — 20 12/20NgW22f 2 1. Provide a detailed description of the product or service being requested. Use enough detail to clearly describe it to someone not familiar with the product/service. Attach additional sheet if necessary. Questica software application is used to populate personnel costs; provide various budget and capital scenarios; SBRs; provides automated workflow and integrates with the financial system; used to produce the budget book and CIP book. OpenBook feature allows for transparency to residents.The public is able to search and view the City's check register. 2. What is the unique performance factor of the requested product that cannot be met by another vendor? Questica is fully integrated with Lawson since 2018; Lawson serves as the City's ERP software system; is fully integrated with Balancing Act; has a check register that allows the public to view all payments completed by the City and is updated on a regular basis utilizing Lawson files/reports. I. If sole source, state why the recommended vendor is the only one capable of providing the required product/service. Provide comprehensive explanation of the research done and supporting documentation which demonstrates the sole source nature of this request (e.g., attach a manufacturer's letter verifying patented design and direct sale with no distributors). Include a list of other vendors contacted. The costs and burden to shift the services to a new company is too great as the time and staff to dedicate to this project will surpass any savings in a new system. User training will be required and custom reports must be developed by the time the budget process formally commences in January. There has been significant investment in using a variety of Questica features to streamline multiple financial processes. 4. What is the name of the public agency whose request for proposal or competitive bidding process substantially equivalent to the City's is being proposed in lieu of conducting your own? Attach copy. If these questions do not apply to your request, attach a separate sheet with justification. I CERTIFY that to the best of my knowledge, after having reviewed all pertinent information available tome that all the above information is true, complete and accurate. REQUESTOR'S NAME Shannon McCarron SIGNATURE Shannon McCarron DATE DIVISION HEAD/MANAGER'S NAME SIGNATURE DATE Alex Trinidad Alexander Trinidad D,t,, 022,1.121-d by :55:42-07M idatl Da[e:2022.10.12 16;SSN]-07'00' EXECUTIVE DIRECTOR/DESIGNEE'S NAME SIGN*j4�@E DATE Kathryn Downs �''"' j . •1 59 PDT) Purchasing Manager's Comments: PI,IR ASIW AN E VAL � DATE � a CITY MANAGER'S APPROVAL DATE RGi"-]@M.incil 25 — 21 12/201RO22f 2 Questica Ltd Exception-to-competitive-bidding-p rocess_S M M Edits (kI review) Final Audit Report 2022-10-13 Created: 2022-10-13 By: Rosie Perez (rperez5@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAA58GEHAvvgLNOtQasw6xypKMtxTO7Qa_2 "Questica Ltd Exception-to-competitive-bidding-process_SMM E dits (kl review)" History Document digitally presigned by Shannon McCarron (snccarron@santa-ana.org) 2022-10-07 - 9:13:10 PM GMT- IP address: 98.153.69.210 Document digitally presigned by Alexander Trinidad (atrinidad@santa-ana.org) 2022-10-12 - 11:55:42 PM GMT- IP address: 98.153.69.210 Document created by Rosie Perez (rperez5@santa-ana.org) 2022-10-13 - 0:07:40 AM GMT- IP address: 98.153.69.210 ~, Document emailed to Kathryn Downs (kdowns@santa-ana.org) for signature 2022-10-13 - 0:08:25 AM GMT Email viewed by Kathryn Downs (kdowns@santa-ana.org) 2022-10-13 - 2:59:03 PM GMT- IP address: 98.153.69.210 Document e-signed by Kathryn Downs (kdowns@santa-ana.org) Signature Date: 2022-10-13 - 2:59:15 PM GMT -Time Source: server- IP address: 98.153.69.210 Q Agreement completed. 2022-10-13 - 2:59:15 PM GMT © Adb by Acwhit Sign 25 — 22 12/20/2022 Finance and Management Services https://www.santa-ana.org/finance Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Debit and Credit Card Merchant Payment Processing Services AGENDA TITLE: Approve an Additional Agreement with Global Payments Direct, Inc. DBA OpenEdge, to Amend the Card Services Terms & Conditions For Government Entities, Incorporated Within the Prior Agreement Entered into with Global Payments Direct, Inc. DBA Total System Services Inc. (also known as TSYS Merchant Solutions) for Debit/Credit Card Merchant Payment Processing Services and Support and Maintenance in the Amount not to Exceed $1,898,400, which Includes a General Contingency of $242,400 RECOMMENDED ACTION Authorize the City Manager to execute a first amendment to agreement with Global Payments Direct, Inc. DBA OpenEdge/TSYS Merchant Solutions for debit/credit card payment processing services, including support and maintenance in an amount not to exceed $1,898,400; which includes a general contingency of $242,400 over the maximum seven-year life of the agreement. The first amendment to agreement includes a base term commencing from December 20, 2022 and expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively ending December 31, 2029. DISCUSSION Global Payments Direct, Inc. ("Global Payments") is a leading provider of merchant processing payment technology and software solutions. In September 2019, Global Integrated Payments, Total System Services Inc. ("TSYS" Merchant Solutions, LLC) combined to form the overarching parent company Global Payments. On December 6, 2022, as part of the city-wide Europay, MasterCard, and Visa ("EMV") Chip & PIN cashiering software and hardware upgrade to improve the security of debit/credit payment transactions for Santa Ana residents, City Council approved a renewal agreement with TSYS Merchant Solutions, LLC, DBA Global Payments Direct, Inc. Global Payments will be presenting MasterCard and Visa payment transactions on behalf of the City for all walk-in credit card payments made at City facilities, including, but not limited to, the following: City Hall Cashiering Counters, Police Department Traffic and Records Divisions, and the Santa Ana Zoo and will be providing an "e-Commerce Gateway Transaction Integration". Part of the planned upgrade of the City's cashiering software and hardware systems also includes providing more payment options and City Council 26 — 1 12/20/2022 First Amendment to Agreement with OpenEdge, DBA Global Payments December 20, 2022 Page 2 fewer restrictions for other City agencies who are currently undergoing information system enhancements and upgrades, such as the Parks, Recreation and Community Services Agency's ("PRCSA") new zoo ticketing system and reservation management system. Subsequent to this City Council meeting, staff will be recommending the approval of both a renewal agreement and an accompanying support and maintenance agreement with System Innovators, a division of N. Harris Computer, for related EMV Chip & PIN credit card hardware purchases and Payment Card Industry Data Security Standard ("PCI DSS") revenue management and cashiering software upgrades. Various City agencies currently use both TSYS and iNovah (System Innovators' revenue management and cashiering software/hardware), to process payments and the receipt of City revenues. A component of this comprehensive upgrade to the City's cashiering and payment system includes contingency options for additional City information systems to integrate into both Global Payments merchant processing services (TSYS & OpenEdge) as well as iNovah. The City's iNovah revenue and management and cashiering software is then scheduled to be integrated into PRCSA's new zoo ticketing system and existing parks and recreation reservation management system, together with the Planning & Building Agency's new land management system, and Finance & Management Services Agency's up -coming new business license software/platform (as an upgrade to the existing legacy system's iNovah integration). OpenEdge is the only common merchant processor for in -person payment transactions for PRCSA's reservation management system and the Santa Ana Zoo's new ticketing system. The City's Treasury & Customer Service Division ("Treasury") of the Finance & Management Services Agency, whose responsible for maintaining all monetary transactions related to City services, is aiming to streamline all in -person debit/credit payment transactions. Fortunately, Global Payments (aka OpenEdge/TSYS) not only has unique institutional knowledge of the City's payment processing systems, but their amalgamation with OpenEdge opens another merchant processing payment method to be utilized by PRCSA and other City agencies in the future if necessary. Global Payments' TSYS merchant payment processing services are already integrated into various City payment systems, the cost to implement an equivalent third -party merchant payment processing service is unknown, but would require new software and substantial additional integration expenses. In addition to merchant payment processing services for the City's walk-in cashiering stations, there are other related critical payment processing agreements such as the City's online cloud -based electronic billing and payment presentation/bill print services, 24-7/365 walk-up payment kiosk services, and over -the -phone interactive voice response and payment services. Based on the synchronization of all of these payment - processing services, the City will achieve full PCI-DSS compliance, thereby transferring future credit card fraud liability from the City to the payment card providers. City Council 26 — 2 12/20/2022 First Amendment to Agreement with OpenEdge, DBA Global Payments December 20, 2022 Page 3 Furthermore, renewal agreements for the City's integrated Interactive Voice Response ("IVR") contract and data processing, printing and mailing, and e-business services contracts have been constructed to be co -extensive with one another. Therefore, staff recommends the approval of a first amendment to agreement with Global Payments (TSYS/OpenEdge) to assure annual merchant payment processing services for the City's PRCSA reservation management system and the Zoo's new ticketing system. By approving this first amendment to agreement with Global Payments, City Council will also be harmonizing agreements with other critical payment processing contracts. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this renewal agreement and services are budgeted and available in various departmental Contract Services Professional accounts (No. Various-62300). Funds will be budgeted for expenditure as follows: Accounting Accounting Annual FY Unit - Fund Unit - Accounting Support Contracted Rate Maximum Account Description No. & Maint. Amount Increase Amount No. Description (Contg.) 2022 Various- Contract -23 62300 Various Services $5,000 $195,500 $29,325 $229,825 Professional 2023 Various- Contract Various Services $5,000 $195,500 $29,325 $229,825 -24 62300 Professional 2024 Various- Contract Various Services $5,000 $200,000 $30,000 $235,000 -25 62300 Professional 2025 Various- Contract -26 62300 Various Services $5,000 $210,000 $31,500 $246,500 Professional 2026 Various- Contract Various Services $5,000 $220,000 $33,000 $258,000 -27 62300 Professional 2027 Various- Contract Various Services $5,000 $230,000 $34,500 $269,500 -28 62300 Professional 2028 Various- Contract Various Services $5,000 $240,000 $36,000 $281,000 -29 62300 Professional City Council 26 — 3 12/20/2022 First Amendment to Agreement with OpenEdge, DBA Global Payments December 20, 2022 Page 4 2029 Various- Contract -30 62300 Various Services $5,000 $125,000 $18,750 $148,750 Professional Subtotal: Subtotal: Subtotal: Grand Total: $40,000 $1,616,000 1 $242,400 1 $1,898,400 EXHIBIT(S) 1. Global Payments Direct, Inc. DBA OpenEdge Agreement Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 26 — 4 12/20/2022 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 EXHIBIT 1 FIRST AMENDMENT TO AGREEMENT TO THE CARD SERVICES TERMS & CONDITIONS FOR GOVERNMENT ENTITIES CITY OF SANTA ANA THIS FIRST AMENDMENT TO THE CARD SERVICES TERMS & CONDITIONS FOR GOVERNMENT ENTITIES ("Agreement") is made and entered into on this 201h day of December 2022, by and between Global Payments Direct, Inc., DBA OpenEdge, a Georgia 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 and Consultant are parry to that certain Card Services Terms & Conditions for Government Entities and the Merchant Application agreed to on December 6, 2022, Agreement A-2022- ("Card Services Agreement"). B. The City desires to retain a consultant having special skill and knowledge in the field of debit and credit card merchant payment processing services, including gateway transaction integration and support services C. Consultant represents that Consultant is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Card Services Agreement attached hereto as Exhibit A. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in the Merchant Application. For the full Term of this Agreement as covered under the provisions as set out herein below, funds to be expended shall not exceed a base contracted amount of $1,616,000, together with an annual $5,000 support and maintenance amount and a general annual contingency amount of 15%, for a combined maximum amount of $1,898,400 which sum shall constitute the Maximum Contract Compensation Cap. City Council 26 — 5 0/2 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 a. The breakdown of these expendable funds by fiscal year shall be as set forth in the Contract Expenditure Table shown below: Contract Expenditure Table Support & Base Maximum Fiscal Year Maintenance Contract Percent Contingency Expenditure Amount Amount Contingency Amount Amount FY 2022-23 $5,000 $195,500 15% $29,325 $229,825 FY 2023-24 $5,000 $195,500 15% $29,325 $229,825 FY 2024-25 $5,000 $200,000 15% $30,000 $235,000 FY 2025-26 $5,000 $210,000 15% $31,500 $246,500 FY 2026-27 $5,000 $220,000 15% $33,000 $258,000 FY 2027-28 $5,000 $230,000 15% $34,500 $269,500 FY 2028-29 $5,000 $240,000 15% $36,000 $281,000 FY 2029-30 $5,000 $125,000 15% $18,750 $148,750 $40,000 $1,616,000 $242,400 $1,898,400 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. Billing or invoice statements shall be presumed to have been received three (3) days after they are mailed or twenty- four (24) hours after being electronically transmitted in accordance with the provisions of Section 13 of this Agreement ("NOTICE"). c. Change Order Contingency: During the term of this Agreement, City may request optional services of Consultant at mutually agreed upon scope and fees. 1. Change Order No extra work may be undertaken unless a written "Change Order" is first given by the Contract Officer or his/her designee, to Consultant, incorporating therein any material change in the scope, fees and/or administration of this Agreement proposed by City. 2. Additional Work or Services (a) Extra Work or Services City shall have the right at any time during the performance of the work or services set forth in this Agreement, without invalidating said Agreement or any amendments thereto, to elect to exercise any existing option specified in the Scope of Services for extra work or services or to order extra work or services pursuant to a duly executed Change Order or to expend previously appropriated, but unspent contingency funds authorized to be carried forward by the Executive Director of Finance and Management Services to cover expenses for work or services agreed to by the parties but exceeding any annual City fiscal year compensation amount cap initially specified under the Compensation provisions City Council 26 - 6 127201 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 of this Agreement or thereby make changes by altering, adding to or deducting from said work or services. (b) Maximum Contract Compensation Cap Net total compensation to Consultant shall not, as the result of any Change Order, exceed the maximum contract compensation amount set forth under Section 2 ("COMPENSATION"), subsection a. of this Agreement, unless an increase in maximum contract compensation is agreed to by the parties pursuant to a duly executed amendment of this Agreement. d. Coordination of Work or Services 1. Representative of Consultant The following officer of Consultant is hereby designated as being the representative of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Global Payments Integrated Carl Van Laethem Representative Client Success Advisor/National Accounts It is expressly understood that the experience, knowledge, capability and reputation of the foregoing officer & representative is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing officer & representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. 2. Contract Officer The Contract Officer shall be the person designated hereunder by City. It shall be Consultant's responsibility to assure that City's Contract Officer is kept informed of the progress of the performance of the consulting services set forth in this Agreement and Consultant shall refer any decisions which must be made by City to the Contract Officer. The Contract Officer shall have authority to enter into Change Orders with Consultant pursuant to this Agreement. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. City of Santa Ana Kristine Ridge, City Manager Contract Officer or designee unnow-illITLT5l City Council 26 — 7 Tm0/2 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 The base term of this Agreement shall commence on the date first written above and shall expire on December 31, 2025, with provision for two extension options of three years, and one year; respectively, ending December 31, 2029, unless terminated earlier in accordance with Section 9, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall produce and maintain for the duration of the Agreement claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Consultant and shall require its subcontractors, agents, representatives, or employees, if any, to obtain and maintain insurance as described below. Consultant shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, invasion of privacy and breach of data. a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence, $4,000,000 aggregate. Limits can be obtained with a combination of primary and excess/umbrella coverages. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $2,000,000 per accident for bodily injury and property damage. Limits can be obtained with a combination of primary and excess/umbrella coverages. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall City Council 26 — 8 0/2 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant's profession and work hereunder, with limits not less than $2,000,000 per occurrence, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the Agency in the care, custody, or control of the Consultant. If not covered under the Consultant's liability policy, such "property" coverage of the Agency may be endorsed onto the Consultant's Cyber Liability Policy. 6. Crime liability insurance with a limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. City of Santa Ana, its officers, employees, agents and representatives shall be Additional Insureds with respect to General Liability Insurance and Auto Liability Insurance is Primary and Non -Contributory. iv. Certificates and policies shall state that the policies shall not be canceled without thirty (30) days prior written notice to the City of cancellation with ten (10) days prior notice for non-payment of premium in accordance with policy provisions. Similar notice of reduction or material change shall be given if coverage falls below or is not in compliance with the contract requirements. v. Consultant shall supply City with a fully executed additional insured endorsement. City Council 26 — 9 0/2 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 vi. Certificates of insurance endorsements shall show the City as a certificate holder as follows: City of Santa Ana Risk Management Division, 4th Floor 20 Civic Center Plaza Santa Ana, CA 92701 vii. 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. 7. Broader Coverage: If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. 8. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. b. Other Insurance Provisions 1. Additional Insured Status: The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Please note, if there is an insured vs. insured exclusion on the Consultant's policy, carefully review with the Consultant and their insurance carrier on whether being added as an additional insured onto the Consultant's policy removes your organization's ability to file suit against the Consultant and draw upon the policy should final adjudication in a lawsuit state that the Consultant shall pay damages to your organization. 2. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary. Coverage for commercial liability shall be at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the City Council 26 — 10 0/2 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 Consultant's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. 4. Waiver of Subrogation: Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A- :VII, unless otherwise acceptable to the Entity. 7. Claims Made Policies: If any of the required policies provide coverage on a claims -made basis: i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of three (3) years after completion of contract work. 8. Verification of Coverage: Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. City Council 26 —11 Tm0/2 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 10. Special Risks or Circumstances: Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 6. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 7. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 8. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 9. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 1. As a condition of such payment, the Executive Director of Finance and Management Services 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. 2. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. City Council 26 — 12 0/2 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 10. 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. 11. 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. 12. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication required or made 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 by express mail courier (i.e. FedEx, UPS, etc.), or sent by fax or email communication in the manner provided in this section. Any such notice shall be addressed to the other party at the address set forth below. Consultant invoice/billing statement notices to City shall be sent to City's Primary Representative/Project Manager or designees. All notices, including invoice/billing statement notices and notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by regular mail, or the next day if sent by overnight delivery. 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. If sent by email, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the delivery time stamp notated by the internet service provider, addressed as set forth above. For purposes of calculating these time frames, weekends, City Hall closure dates, federal, state, County or City holidays shall be excluded. If to City: Clerk of the City Council City Council 26 — 13 Tm0/2 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 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: Executive Director Finance and Management Services Agency City of Santa Ana 20 Civic Center Plaza (M- 17) Santa Ana, CA 92702 Phone: (714) 647-6960 Fax: (714) 647-5414 If to Consultant: Global Payments Direct, Inc. Attn: David Green Corporate Secretary 3550 Lenox Road NE, Suite 3000 Atlanta GA 30326 Representative or designees Consultant Primary Representative/Project Manager shall be: Carl Van Laethem Client Success Advisor/National Accounts Global Payments Integrated Phone: (801) 772-1671 Email: carl.vanlaethem(&, lg obalpay.com City Primary Representative/Project Manager shall be: Willard Holt, Treasury and Customer Services Manager 20 Civic Center Plaza (M-15), Room 1105 Santa Ana, CA 92701 Phone: (714) 647-5456 Fax: 714-647-5304 Email: wholt(absanta-ana.org City Alternate Representative/Project Manager shall be: Alex Gutierrez, Senior Analyst Treasury and Customer Service Division 20 Civic Center Plaza (M-15), Room 1103 1 City Council 26 — 14 Tm0/ DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 Santa Ana, CA 92701 Phone: (714) 647-5497 Fax: 714-647-5304 Email: ap-utierrez (a)santa-ana.org A party may change its address or representative or designees by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address and/or new representative or designees. 14. COUNTERPART SIGNATURE AND DELIVERY This Agreement must be signed below and may be signed in separate counterparts including facsimile copies and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Each counterpart (including facsimile copies) is deemed an original and all counterparts are deemed on and the same instrument and legally binding on the parties. Any subsequent amendments to this Agreement may be signed and delivered in the same manner. 15. MISCELLANEOUS PROVISIONS 1. 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. 2. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Provided however, that in the event that any provision of any exhibit is in direct conflict with the provisions of this Agreement then the terms of this Agreement will prevail solely with respect to any such directly conflicting provisions, or portions thereof. {Signatures on following page) 1 City Council 26 — 15 0/ DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 IN WITNESS WHEREOF, the patties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: Sonia R. C alho City A orn ( 0 By: Ryan FIoi Assistant City A RECOMMENDED FOR APPROVAL: CITY OF SANTAANA Kristine Ridge City Manager CONSULTANT: DOCUSigned by: E Cv:rl L. g4U4. B858729A465E467... David Green Corporate Secretary SB Page 12 of 10 City Council 26 — 16 12/20/2022 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 kb,,... Kathryn Downs (Dec 5, 202214:24 PST) Kathryn Downs Executive Director Finance and Management Services Agency City Council 26 - 17 12/20/2022 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 CARD SERVICES TERMS & CONDITIONS FOR GOVERNMENT ENTITIES giobalpayments Integrated CARD SERVICES TERMS & CONDITIONS FOR GOVERNMENT ENTITIES PLEASE READ SECTION 17 ("DISPUTE RESOLUTION") CAREFULLY AS IT RELATES TO ARBITRATION AND CLASS ACTIONS GENERAL. 1.1. The "Card Services Agreement" consists of these Card Services Terms & Conditions and the Merchant Application and is made by and among Merchant (or "you"), Global Payments Direct, Inc. ("Global Direct"), and Member (as defined below). The provisions in the Card Services Agreement are applicable to Merchant and, by submitting Transactions hereunder, Merchant agrees to be subject to the same. The member bank identified in the Merchant Application ("Member") is a member of Visa USA, Inc. ("Visa") and Mastercard International, Inc. ("Mastercard"). Global Direct is a registered independent sales organization of Visa, a member service provider of Mastercard, a registered Program Participant of American Express Travel Related Services Company, Inc. ("American Express"), and a registered acquirer for Discover Financial Services LLC ("Discover"). Any references to the Debit Sponsor shall refer to the debit sponsor identified below. 1.2. Merchant and Global Direct agree that the rights and obligations contained in these Card Services Terms and Conditions do not apply to the Member with respect to American Express, Discover and PayPal transactions and Switched Transactions (as defined below). To the extent Merchant accepts Discover cards, the provisions in this Agreement with respect to Discover apply if Merchant does not have a separate agreement with Discover. In such case, Merchant will also be enabled to accept JCB, China UnionPay, Diner's Club and, for card present transactions, PayPal cards under the Discover network and such transactions will be processed at the same fee rate as Merchant's Discover transactions are processed. To the extent Merchant accepts Discover cards and has a separate agreement with Discover, Discover and PayPal card transactions shall be processed as Switched Transactions (as defined below). To the extent Merchant accepts American Express cards, the provisions in this Agreement with respect to American Express apply if Merchant does not have a separate agreement with American Express. 1.3. Under the terms of the Card Services Agreement, Merchant will be furnished with the services and products, including any software, described herein and in the Merchant Application and selected by Merchant therein (collectively and individually, as applicable, the "Services"). Merchant agrees to be bound by the Card Services Agreement, including the terms of the Merchant Application and these Card Services Terms & Conditions as may be modified or amended in the future pursuant to its and/or their terms. Upon the earlier of a Merchant's submission of a transaction to Global Direct or signing the Merchant Application, City Council the Terms and Conditions herein DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 1.4. Except as expressly stated in the first three paragraphs of section 13, all terms and conditions of this Card Services Agreement shall survive termination to the extent necessary to protect Global Direct and Member's rights herein. SERVICE DESCRIPTIONS. 2.1. Credit Card Processing Services: Global Direct's credit card processing services consist of authorization and electronic draft capture of credit card transactions; outclearing of such transactions to the appropriate card associations and/or issuers (e.g., Visa, Mastercard, American Express, Diners, Discover); settlement; certain dispute resolution with cardholders' banks; and transaction -related reporting, statements and products. From time to time under this Card Services Agreement, upon Merchant's request, Global Direct may facilitate the transmission of certain payment card transactions ("Switched Transactions") to the respective card issuers, including but not limited to American Express®, Diners Club® and various fleet, private label and commercial cards. Switched Transactions require Global Direct's prior written approval and are subject to applicable pricing; Global Direct does not purchase the indebtedness associated with Switched Transactions. 2.2. EBT Transaction Processing Services: Global Direct offers electronic interfaces to Electronic Benefits Transfer ("EBT") networks for the processing of cash payments or credits to or for the benefit of benefit recipients ("Recipients"). Global Direct will provide settlement and switching services for various Point of Sale transactions initiated through Merchant for the authorization of the issuance of the United States Department of Agriculture, Food and Nutrition Services ("FNS") food stamp benefits ("FS Benefits") and/or government delivered cash assistance benefits ("Cash Benefits," with FS Benefits, "Benefits") to Recipients through the use of a state -issued card ("EBT Card"). 2.3. Provisions regarding debit card services are set forth in section 31 below. 2.4. Provisions regarding Decline Minimizer Services are set forth in section 33 below. 2.5. Provisions regarding CallPop OpenEdge Services are set forth in section 34 below. 2.6. With respect to Visa and Mastercard products, Merchant may elect to accept credit cards or debit/prepaid cards or both. Merchant shall so elect on the Merchant Application being completed contemporaneously herewith. Merchant agrees to pay and Merchant's account(s) will be charged pursuant to section 5 of this Card Services Agreement for any additional fees incurred as a result of Merchant's subsequent acceptance of transactions with any Visa or Mastercard product that it has elected not to accept. PROCEDURES. 3.1. Merchant will permit holders of valid cards bearing the symbols of the cards authorized to be accepted by Merchant hereunder to charge purchases or leases of goods and services and the debt resulting therefrom shall be purchased hereunder, provided that the transaction complies with the terms of this Card Services Agreement. All indebtedness submitted by Merchant for purchase will be evidenced by an approved sales slip. Merchant will not present for purchase any indebtedness that does not arise out of a transaction between a cardholder and Merchant. Merchant agrees to follow the Card Acceptance Guide which is incorporated into and made part of this Card Services Agreement, https://www.globalpaymentsinc.com/en- City Council rules of Visa, Mastercard, American prel, Discover, PayPal and d association or network organization covered by this Card Services Agreement, as any of the DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 above referenced documents may be modified and amended from time to time (collectively, the "Card Association Rules"). Without limiting the generality of the foregoing, Merchant agrees to comply with and be bound by, and to cause any third party who provides Merchant with services related to payment processing or facilitates Merchant's ability to accept credit and debit cards and who is not a party to this Card Services Agreement to comply with and be bound by, the rules and regulations of Visa, Mastercard, American Express, Discover, PayPal and any other card association or network organization related to cardholder and transaction information security, including without limitation, all rules and regulations imposed by the Payment Card Industry (PCI) Security Standards Council (including without limitation the PCI Data Security Standard), Visa's Cardholder Information Security Program, Mastercard's Site Data Protection Program, and Payment Application Best Practices, which, as may be modified and amended from time to time, will constitute Card Association Rules as used herein. Merchant also agrees to cooperate at its sole expense with any request for an audit or investigation by Global Direct, Member, a card association or network organization in connection with cardholder and transaction information security. 3.2. Without limiting the generality of the foregoing, Merchant agrees that it will use information obtained from a cardholder in connection with a card transaction solely for the purpose of processing a transaction with that cardholder or attempting to re -present a chargeback with respect to such transaction consistent with the Card Association Rules. Merchant will indemnify and hold Global Direct and Member harmless from any liability assessments (sometimes referred to as "fines" and "penalties") issued by Visa, Mastercard, American Express, Discover, PayPal or any card association or network organization and any other fees and costs arising out of or relating to the processing of transactions by Global Direct and Member at Merchant's location(s) and will reimburse Global Direct for any losses incurred by Global Direct with respect to any such liability assessments, fees and costs. 3.3. Without limiting the generality of any other provision of this Card Services Agreement, Merchant also agrees that it will comply with all applicable federal, state, and local laws, rules, ordinances, and regulations (collectively, "Applicable Laws"), including those related to both (a) the truncation or masking of cardholder numbers and expiration dates on transaction receipts from transactions processed at Merchant's location(s), including without limitation the Fair and Accurate Credit Transactions Act and applicable state laws ("Truncation Laws") and (b) the collection of personal information from a cardholder in connection with a card transaction, including all applicable state laws ("Laws on Collection of Personal Information"). As between Merchant, on the one hand, and Global Direct and Member, on the other hand, Merchant shall be solely responsible for complying with all such laws, rules, ordinances, and regulations, including the Truncation Laws and Laws on Collection of Personal Information and will, to the maximum extent not prohibited under applicable law, indemnify and hold Global Direct and Member harmless from any claim, loss or damage resulting from a violation of the same as a result of transactions processed at Merchant's location(s). 3.4. Global Direct may, from time to time, issue written directions (via mail or Internet) regarding procedures to follow and forms to use to carry out this Card Services Agreement. These directions and the terms of the forms are binding as soon as they are issued and shall form part of these Card Services Terms & Conditions. Such operating regulations and rules may be reviewed upon appointment at Global Direct's designated premises and Merchant acknowledges that it has had the opportunity to request a review and/or review such operating regulations and rules in connection with its execution of this Card Services Agreement. 49ty C, r� TING. Merchant shall adequately displ�qhe Nd issuer service marks N'�WRA&l materials supplied by Global Direct. Merchant shall cease to use or display such service marks DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 immediately upon notice from Global Direct or upon termination of this Card Services Agreement. Merchant agrees that all such displays and cessation of such displays shall be in accordance with the Card Association Rules. PAYMENT, CHARGES AND FEES. Fees and charges payable by Merchant for all products, services and applications, whether provided by Global Direct, a third party through Global Direct, or directly by a third party with Global Direct collecting monies with respect thereto (e.g., a POS Vendor Fee), shall be as set forth in the Merchant Application (exclusive of taxes, duties and shipping and handling charges) and in Section 39 of these Card Services Terms & Conditions. With respect to POS Vendor Fees, Global Direct does not control and is not responsible for the POS Vendor Fees charged to Merchant, and the pricing for any such fees depends on Merchant's agreement with such third party. Merchant shall at all times maintain one or more commercial checking accounts (the "Accounts") with Member or with another financial institution of Merchant's choice acceptable to Member and Global Direct that belongs to the Automated Clearing House ("ACH") network and which can accept ACH transactions. Merchant will be provisionally credited for indebtedness purchased under this Card Services Agreement by credit to Merchant's Account(s). Merchant's Account(s) will be provisionally credited for the gross amount of the indebtedness deposited less the amount of any credit vouchers deposited, minus any applicable discount, fees, product service costs, chargebacks, and other fees and charges. Merchant shall not be entitled to credit for any indebtedness that arises out of a transaction not processed in accordance with the terms of this Card Services Agreement or the Card Association Rules. Availability of any such funds shall be subject to the procedures of the applicable financial institution. Chargebacks and adjustments will be charged to Merchant's Account(s) on a daily basis. Merchant agrees to pay and Merchant's Account(s) will be charged for the discount, fees, product service costs, chargebacks, and other fees and charges described in this Card Services Agreement. Merchant also agrees to pay and Merchant's Account(s) will be debited for all fees, arbitration fees, liability assessments, or any other amounts charged or assessed by third parties, the card associations or network organizations on account of or related to Merchant's processing hereunder, including without limitation with regards to any third party who provides Merchant with services related to payment processing or facilitates Merchant's ability to accept credit and debit cards and who is not a party to this Card Services Agreement. If any type of overpayment to Merchant or other error occurs, Merchant's Account(s) may be debited or credited, without notice, and if Merchant's Account(s) do not contain sufficient funds, Merchant agrees to remit the amount owed directly to Global Direct. Merchant agrees not to, directly or indirectly, prevent, block or otherwise preclude any debit by Global Direct or Member to Merchant's Account which is permitted hereunder. Merchant represents and warrants that no one other than Merchant has any claim against such indebtedness except as authorized in writing by Member and Global Direct. Merchant hereby assigns to Member and Global Direct all of its right, title, and interest in and to all indebtedness submitted hereunder, agrees that Member and Global Direct have the sole right to receive payment on any indebtedness purchased hereunder, and further agrees that Merchant shall have no right, title or interest in any such funds, including any such funds held in a Reserve Account (as defined below). 6. EQUIPMENT AND SUPPLIES/THIRD PARTY SERVICES. 6.1. Merchant agrees that it will not acquire any title, copyrights, or any other proprietary right to any advertising material; leased equipment including imprinters, authorization terminals, card reader hardware or printers; software; credit card authenticators; unused forms (online or paper); all hardware and software related to the CallPop OpenEdge Services (as defined below); and Merchant deposit plastic cards provided by Global Direct in connection with this Card Services Agreement. Merchant will protect all such items from loss, theft, damage or any legal encumbrance and will allow Global Direct and its designated representatives City Council and relocation. Merchant acknowledges t a equipment or software pro i s Card Services Agreement is embedded with proprietary technology ("Software"). Merchant DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 shall not obtain title, copyrights or any other proprietary right to any Software. At all time, Global Direct or its suppliers retain all rights to such Software, including but not limited to updates, enhancements and additions. Merchant shall not disclose such Software to any party, convey, copy, license, sublicense, modify, translate, reverse engineer, decompile, disassemble, tamper with, or create any derivative work based on such Software, or transmit any data that contains software viruses, time bombs, worms, Trojan horses, spyware, disabling devices, or any other malicious or unauthorized code. Merchant's use of such Software shall be limited to that expressly authorized by Global Direct. Global Direct's suppliers are intended third party beneficiaries of this Card Services Agreement to the extent of any terms herein pertaining to such suppliers' ownership rights; such suppliers have the right to rely on and directly enforce such terms against Merchant. 6.2. The operating instructions or user guides will instruct Merchant in the proper use of the terminals, other hardware or payment application(s), and Merchant shall use and operate the terminals, other hardware or payment application(s) only in such manner. If Merchant has purchased the relevant maintenance/help desk service hereunder, Merchant will promptly notify Global Direct of any equipment malfunction, failure or other incident resulting in the loss of use of the equipment or software or need for repair or maintenance, whereupon Global Direct will make the necessary arrangements to obtain required maintenance or replacement software or hardware. Merchant is responsible for shipping costs. Merchant shall cooperate with Global Direct in its attempt to diagnose any problem with the terminal, other hardware or payment application(s). In the event the Merchant's terminal requires additional Software, Merchant is obligated to cooperate and participate in a dial in down line load procedure. With respect to any item of equipment leased to Merchant by Global Direct, Merchant will not be liable for normal wear and tear, provided, however, that Merchant will be liable to Global Direct in the event that any leased item of equipment is lost, destroyed, stolen or rendered inoperative. To the extent not prohibited under applicable law, Merchant will indemnify Global Direct against any loss arising out of damage to or destruction of any item of equipment or software provided hereunder for any cause whatsoever. Merchant also agrees, to the extent not prohibited under applicable law, to hold harmless and indemnify Global Direct for any costs, expenses, and judgments Global Direct may suffer, including reasonable attorney's fees, as a result of Merchant's use of the equipment or software provided hereunder. Any unused equipment in its original packaging purchased from Global Direct hereunder may be returned to Global Direct at Merchant's expense within 60 days of receipt. Merchant shall receive a refund of any money paid in connection therewith subject to a re -stocking fee of an amount equal to 20 percent of the total purchase price for the returned equipment. No refunds shall be issued for any equipment returned after 60 days. 6.3. Merchant acknowledges that some of the services and applications to be provided by Global Direct and Member hereunder may be provided by third parties. Merchant agrees that except for its right to utilize such services in connection with this Card Services Agreement, it acquires no right, title or interest in any such services. Merchant further agrees that it has no contractual relationship with any third party providing services under this Card Services Agreement and that Merchant is not a third party beneficiary of any agreement between Global Direct or Member, as applicable, and such third party. Merchant may not resell the services of any third party providing services under this Card Services Agreement to any other party. 6.4. Merchant acknowledges that it may directly obtain software platform services from a third party that facilitate or integrate Global Direct's Services as set forth in section 2. Global Direct City Council their occurrence) charged by such third cr ty t erchant related to such s services. The pricing for Merchant's use of any third -party platform services and any DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 associated fees depends on Merchant's agreement with such third party. Merchant authorizes Global Direct to collect all monies related to Merchant's use of such third -party software (i.e., the POS Vendor Fee) on behalf of such third party as set forth in the Merchant Application and Merchant's agreement with such third party. Global Direct is not responsible for the acts or omissions of any third party and shall have no responsibility for or liability in connection with any software platform services Merchant receives from a third party, even if Global Direct collects monies with respect to such software or services. Global Direct makes no representation or warranty with respect to such third party's software platform services or such third party's access to or ability to integrate with the products, services, and systems of Global Direct and any such access or ability may terminate at any time and Global Direct shall have no obligation to advise Merchant of such termination. 7. FINANCIAL INFORMATION. Merchant agrees to furnish Global Direct and Member such financial statements and information concerning Merchant as Global Direct or Member may from time to time request. Global Direct and Member, or their duly authorized representatives, may examine the books and records of Merchant, including records of all indebtedness previously purchased or presented for purchase. Merchant agrees to retain copies of all paper and electronic sales slips and credit slips submitted to Global Direct for a period of two years from submission, or such longer period of time as may be required by the Card Association Rules, by law, or by Global Direct as specifically requested in writing in individual cases. CHANGE IN BUSINESS. Merchant agrees to provide Global Direct and Member 60 days prior written notice of its (a) transfer or sale of any substantial part (ten percent or more) of its total stock, assets and/or to liquidate; or (b) change to the basic nature of its business, or (c) provided that Merchant has not indicated on the Merchant Application that it accepts mail order, telephone order, or internet-based transactions, conversion of all or part of the business to mail order sales, telephone order sales, Internet -based sales or to other sales where the card is not present and swiped through Merchant's terminal or other card reader. Upon the occurrence of any such event, the terms of this Card Services Agreement may be modified by Member and/or Global Direct to address issues arising therefrom, including but not limited to requirements of applicable Card Association Rules and/or the fees associated with such transactions. TRANSFERABILITY. This Card Services Agreement is not transferable by Merchant without the written consent of Global Direct and Member. Any attempt by Merchant to assign its rights or to delegate its obligations in violation of this paragraph shall be void. Merchant agrees that the rights and obligations of Global Direct hereunder may be transferred by Global Direct without notice to Merchant. Merchant agrees that the rights and obligations of Member hereunder may be transferred to any other member without notice to Merchant. Merchant acknowledges that the transferable rights of Global Direct and Member hereunder shall include, but shall not be limited to, the authority and right to debit the Merchant's Account(s) as described herein. 10. WARRANTIES AND REPRESENTATIONS. 10.1. Merchant warrants and represents to Global Direct and Member, both at the time of execution and the presentation of any transaction hereunder: (a) that each sales transaction delivered hereunder will represent a bona fide sale to a cardholder by Merchant for the amount shown on the sales slip as the total sale and constitutes the binding obligation of the cardholder, free from any claim, demand, defense, setoff or other adverse claim whatsoever; (b) that each sales slip or other evidence of indebtedness will accurately describe the goods and services which have been sold and delivered to the cardholder or in accordance with the cardholder's City Council 407 applicable to its business; (d) that Merc t willfill completely all of its o ale cardholder and will resolve any customer dispute or complaint directly with the cardholder; (e) DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 that the signature on the sales slip will be genuine and authorized by cardholder and not forged or unauthorized; (f) that Merchant has taken all reasonable steps to verify the identity of the cardholder and the genuineness of the card and the transaction; (g) that the sales transaction shall have been consummated and the sales slip prepared in full compliance with the provisions of the Card Association Rules; (h) provided that Merchant has not indicated on the Merchant Application that it accepts mail order, telephone order, or internet-based transactions, that none of the sales transactions submitted hereunder represent sales by telephone, or mail, or Internet, or where the card is not physically present at the Merchant's location and swiped through Merchant's terminal, unless Merchant is specifically authorized in writing by Global Direct to submit such sales slips for purchase, (i) to the extent Merchant has indicated on the Merchant Application that it accepts mail order, telephone order, or internet-based transactions, Merchant shall not submit such a transaction to Global Direct and Member for processing until the goods and/or services are shipped or performed, as applicable, unless otherwise permitted by the card associations or network organizations, 0) that sales transactions submitted hereunder for purchase representing sales to any principal, partner, affiliate, or proprietor of Merchant shall not constitute an unreasonable portion of Merchant's transactions relative to the Merchant's legitimate business requirements, (k) that, without limiting the generality of the foregoing, each sales transaction submitted hereunder and the handling, retention, and storage of information related thereto, will comply with the Card Association Rules, and that all of the information contained in this Card Services Agreement (including the Merchant Application) is true and correct. In the event that any of the foregoing warranties or representations is breached, the affected sales slips or other indebtedness may be refused, or prior acceptance revoked and charged back to the Merchant. Furthermore, if Merchant submits for purchase hereunder a sales transaction that is not the result of a sale of Merchant's goods or services offered to the general public or if Merchant submits any sales transactions for purchase hereunder which represents an unreasonable sales transaction to any principal, partner, or proprietor, of Merchant, such sales transaction may be refused or charged back. 10.2. Merchant must notify Global Direct if Merchant elects to use the terminal service of American Express, Novus, or any other third -party provider. If Merchant elects to use a third -party terminal provider, that provider becomes Merchant's agent for the delivery of card transactions to Global Direct via the applicable card -processing network. Global Direct and Member shall have no responsibility for or liability in connection with any hardware, software or services Merchant receives from a third party agent, even if Global Direct collects monies with respect to such hardware, software or services. Neither Global Direct nor Member makes any representation or warranty with respect to such agent's access to or ability to integrate with the products, services, and systems of Global Direct and any such access or ability may terminate at any time and Global Direct shall have no obligation to advise Merchant of such termination. Merchant agrees to assume full responsibility and liability for any failure of such agent to comply with the Card Association Rules, including without limitation any violation, which results in a chargeback to the Merchant. Global Direct and Member have no responsibility for any card transactions until it receives data for the card transaction in the format required by Global Direct. Merchant also agrees that the obligation hereunder to reimburse the Merchant for the value of the card transactions captured by an agent is limited to the value of the transactions (less applicable fees) received by the card -processing network from the agent. 10.3. Neither Member, nor Global Direct, nor any Supplier makes any representations or warranties, express or implied, including without limitation any warranty of City Council equipment, software or services leas , sol , rotherwise furnished h DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 11. INDEMNITY. Merchant agrees to satisfy directly with the cardholder any claim or complaint arising in connection with the card sale, regardless of whether such claim or complaint is brought by the cardholder, Global Direct, or another party. To the extent not prohibited under applicable law, Merchant agrees to indemnify defend and hold Global Direct, Member and their respective parent companies, subsidiaries and affiliates (including, without limitation, the respective officers, directors, employees, attorneys, shareholders, representatives and agents of all of the foregoing) harmless from and against any and all liabilities, judgments, arbitration awards, settlements, actions, suits, claims, demands, losses, damages, costs (including, but not limited to, court costs and out of pocket costs and expenses), expenses of any and every type, litigation expenses, and attorneys' fees, including, but not limited to, attorneys' fees incurred in any and every type of suit, proceeding, or action, including but not limited to, bankruptcy proceedings, in connection with, by virtue of, or arising from, either directly or indirectly: (a) any card transaction that does not conform to the requirements of this Card Services Agreement, the Card Association Rules or Applicable Laws; (b) any card transaction or any act or omission of Merchant; (c) Merchant's breach or default or an alleged breach or default of or under any term, covenant, condition, representation, warranty, obligation, undertaking, promise or agreement contained in this Card Services Agreement or in any agreement (whether oral or written) with any cardholder, any agreement with any card association, or in any other agreement with Member or Global Direct, any breach or threatened breach by Merchant of the Card Association Rules or any violation by Merchant of Applicable Laws ; (d) the rescission, cancellation or avoidance of any card transaction, by operation of law, adjudication or otherwise; (e) any claim, counterclaim, complaint, dispute or defense, including, without limitation claims brought by Merchant with respect to this Card Services Agreement or a card transaction on which Merchant is not the prevailing party; (f) damages, including, without limitation, those for death or injury caused by the good or service purchased with the card; (g) for all web based, Internet or electronic commerce transactions including Merchant's insecure transmission of card transaction data and/or storage of cardholder information or (h) any compromise of card information or cardholder information resulting from, or for which any network organization or card association determines resulted from, Merchant's failure to abide by applicable security standards, including those found in the Card Association Rules. For purposes of this Agreement, including the foregoing indemnities to the extent not prohibited under applicable law, Merchant is responsible and liable for the acts and omissions of its employees, agents and representatives (whether or not acting within the scope of their duties). 12. LIMITATION OF LIABILITY. 12.1. Neither Member nor Global Direct nor any independent sales organization referring or providing services to Merchant (`ISO') shall be liable for failure to provide the Services or delay in providing the Services including processing delays or other non- performance if such failure is due to any cause or condition beyond such Party's reasonable control. Such causes or conditions shall include, but shall not be limited to, acts of God or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, riots, war, shortages of labor or materials, freight embargoes, unusually severe weather, breakdowns, operational failures, electrical power failures, telecommunications failures, equipment failures, unavoidable delays, the errors or failures of third party systems, non-performance of vendors, suppliers, processors or transmitters of information, or other similar causes beyond such party's control. 12.2. To the maximum extent not prohibited by law, the liability of Global Direct, ISO, and Member for any loss arising out of or relating in any way to this Card Services fluni ailliqif City Council equipment�or the failure of the equip t� erate, the unavailability n of the equipment or the failure of the equipment to operate, the unavailability or DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 malfunction of the Services, personal injury or property damage, shall, in the aggregate, be limited to actual, direct, and general money damages in an amount not to exceed the lesser of (a) three months' average charge paid by Merchant hereunder (exclusive of interchange fees, assessments, and any other fees or costs that are imposed by a third party in connection with Merchant's payment processing) for the Services during the previous 12 months or such lesser number of months as shall have elapsed subsequent to the Effective Date of this Card Services Agreement, and (b) $50,000. This shall be the extent of Global Direct's, ISO's, and Member's liability arising out of or relating in any way to this Card Services Agreement, including alleged acts of negligence, breach of contract, or otherwise and regardless of the form in which any legal or equitable action may be brought against Global Direct, ISO, or Member, whether contract, tort, or otherwise, and the foregoing shall constitute Merchant's exclusive remedy. 12.3. Under no circumstances shall Global Direct, ISO, or Member by liable for special, consequential, punitive or exemplary damages, including lost profits, revenues and business opportunities, arising out of or relating in any way to this Card Services Agreement, even if Global Direct, ISO, or Member has been advised of the possibility of such damages. Under no circumstances shall Global Direct, ISO, or Member be liable for any settlement amounts pertaining to Switched Transactions; Merchant's recourse therefore shall be to the applicable card issuer. Member shall not be responsible or liable to Merchant for any action taken by Member (or the results thereof) that is authorized by this Agreement. 12.4. It is agreed that in no event will Global Direct, ISO, or Member be liable for any claim, loss, billing error, imposition of any allegedly improper fee(s), damage or expense arising out of or relating in any way to this Card Services Agreement which is not reported in writing to Global Direct by Merchant within 60 days of such failure to perform, or, in the event of a billing error or the imposition of any allegedly improper fee(s), within 90 days of the date of the invoice or applicable statement. Merchant expressly waives any such claim that is not brought within the time periods stated herein. 12.5. Global Direct agrees to maintain commercially reasonable levels of insurance coverage during the term of the Card Services Agreement consistent with the scope and nature of its business and applicable industry best practices. Upon reasonable request, Global Direct shall deliver a certificate of insurance reflecting its then -current policy coverage and carriers. 13. TERM AND TERMINATION. 13.1. This Card Services Agreement shall remain in full force and effect for an initial term of one year from the Effective Date (the "Initial Term"); provided, however, that if Merchant is receiving these Terms and Conditions as an amendment to an existing Card Services Agreement, the amendment shall not affect the then -existing term. The Card Services Agreement will automatically renew for additional one-year periods ("Renewal Term" or "Renewal Terms", and together with the Initial Term, the "Term") unless Merchant gives 30 days' advance written notice of termination prior to the end of the then -current term. This Card Services Agreement is expressly made subject to the limitations of the Merchant's state constitution. Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt or multiyear fiscal obligation or an obligation of future appropriations by Merchant, City Council other provision of this Card Services A me ,)with respect to any financ f Merchant which may arise under this Card Services Agreement in any fiscal year, if the budget DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge such obligation, such failure shall not constitute a default or breach of this Card Services Agreement, including any sub -agreement, attachment, schedule, or exhibit thereto, by the Merchant. 13.2. Notwithstanding the foregoing, Global Direct or Member may terminate or suspend performance of this Card Services Agreement or any portion thereof upon written notice to Merchant. Furthermore, Global Direct may terminate this Card Services Agreement at any time without notice upon Merchant's default in performing under any provision of this Card Services Agreement; upon an unauthorized conversion of all or any part of Merchant's activity to mail order, telephone order, Internet order, or to any activity where the card is not physically present and swiped through the Merchant's terminal or other card reader; upon any failure to follow the Card Acceptance Guide or any Card Association Rules, upon any misrepresentation by Merchant; upon commencement of bankruptcy or insolvency proceedings by or against the Merchant; upon a material change in the Merchant's average ticket or volume as stated in the Merchant Application; where the rules or regulations of any card association require that Member and/or Global Direct terminate and/or suspend this Card Services Agreement; or in the event Global Direct or Member reasonably deems itself insecure (including, without limitation, credit, operational, reputational, financial, technological, security and/or fraud risk or exposure) in continuing this Card Services Agreement. 13.3. In addition, a termination by Global Direct shall serve as a termination of the entire Card Services Agreement, including with regard to any ACH Transaction Services provided hereunder. In the event that Global Direct and Member breach the terms and conditions hereof, the Merchant may, at its option, give written notice to Global Direct and Member of its intention to terminate this Card Services Agreement unless such breach is remedied within 30 days of such notice. Failure to remedy such a breach shall make this Card Services Agreement terminable, at the option of the Merchant, at the end of such 30-day period unless notification is withdrawn. 13.4. Any Merchant deposit of sales or credit slips that is accepted by Global Direct and Member or by a designated depository after the effective date of termination will be returned to Merchant and will not be credited (or debited) to Merchant's Account(s). If the deposit has already been posted to Merchant's Account(s), said posting will be reversed and the deposit returned to Merchant. Termination of this Card Services Agreement shall not affect Merchant's obligations which have accrued prior to termination or which relate to any indebtedness purchased hereunder prior to termination, including but not limited to chargebacks or liability assessments imposed, received, or processed after termination. In the event of termination, all equipment leased from, and software provided by, Global Direct including but not limited to imprinters, terminals, and printers; all supplies; Card Acceptance Guides; and operating instructions must be returned immediately to Global Direct at Merchant's expense. 14. RETURNED ITEMS/CHARGEBACKS. If a cardholder disputes any transaction, if a transaction is charged back for any reason by a cardholder or the card issuing institution, or if Global Direct or Member has any reason to believe an indebtedness previously purchased is questionable, not City YM from any payment due to Merchant or WFe arged against any of Merc s or the Reserve Account (as defined below). Merchant acknowledges and agrees that it is bound by the DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 Card Association Rules with respect to any chargeback. Merchant further acknowledges that it is solely responsible for providing Global Direct and Member with any available information to re -present a chargeback and that, regardless of any information it provides or does not provide Global Direct and Member in connection with a chargeback, or any other reason, Merchant shall be solely responsible for the liability related to such chargeback. If any such amount is uncollectible through withholding from any payments due hereunder or through charging Merchant's accounts or the Reserve Account, Merchant shall, upon demand by Global Direct, pay Global Direct the full amount of the chargeback. Merchant understands that obtaining an authorization for any sale shall not constitute a guarantee of payment, and such sales slips can be returned or charged back to Merchant like any other item hereunder. 15. RESERVE ACCOUNT; HOLDBACK RIGHTS. 15.1. At any time, Global Direct and Member may, at their option, establish a reserve account to secure the performance of Merchant's obligations under this Card Services Agreement to such party ("Reserve Account"). The Reserve Account may be funded, at Global Direct's sole discretion, through any or all of the following: (a) direct payment by Merchant —at the request of Global Direct or Member, Merchant will deposit funds in the Reserve Account; or (b) the proceeds of indebtedness presented for purchase. Merchant hereby grants Member a security interest in all accounts referenced in section 5 or any other accounts, including certificates of deposits, maintained by Merchant with any designated depository or other financial institution and authorizes Global Direct (to the extent authorized by Member) or Member to make such withdrawals at such times and in such amounts as it may deem necessary hereunder. Merchant hereby instruct said financial institutions to honor any requests made by Global Direct and Member under the terms of this provision. To the extent not prohibited under applicable law, Merchant will hold harmless the financial institutions and indemnify them for any claims or losses they may suffer as a result of honoring withdrawal requests from Global Direct and Member. 15.2. Merchant hereby agrees that Global Direct and Member may deduct from this Reserve Account any amount owed to such party in accordance with this Card Services Agreement. Any funds in the Reserve Account may be held until the later of (a) the expiration of any potentially applicable chargeback rights in respect of purchased indebtedness under the Card Association Rules or (b) the period necessary to secure the performance of Merchant's obligations under this Card Services Agreement, which holding period may extend beyond termination of this Card Services Agreement. Merchant shall have no ownership interest or property rights in the Reserve Account or the funds therein, will not receive any interest on funds being held in a Reserve Account, and has no right to access the funds being held in the Reserve Account or otherwise transfer, pledge or use these funds for its own purposes. Without limiting the generality of the foregoing, upon termination of this Card Services Agreement, Global Direct and Member may maintain the sum of at least five percent of gross sales for the 90-day period prior to termination to be held in a Reserve Account in accordance with the terms of this Card Services Agreement. Global Direct may, at its discretion upon termination of this Card Services Agreement, require that the Merchant maintain more than five percent of gross sales for the 90-day period prior to termination in a Reserve Account. 15.3. In addition to any of the other rights granted to Global Direct and Member hereunder, in the event that Global Direct and/or Member, at any time during the term of this Card Services Agreement, determine in its or their commercially reasonable discretion that it may be prudent or necessary to do so as a result of any unusual, suspicious, or risk -exposing activity "'LALA -illy, without linlitatiall, mulity '�3161uuyjjy, invalid sales 1:10110OULI City Council transactions, altered or duplicate tra chi , activity related to ae a compromise event or other breach of security standards, or excessive chargebacks), then DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 Member or Global Direct on behalf of Member may, without notice, hold funds otherwise payable to Merchant for such period as Global Direct and/or Member, in its or their commercially reasonable discretion, deem necessary, to provide security against liability for such activity, plus other costs or liabilities reasonably anticipated to be due to Global Direct and/or Member related to the same. To the extent (i) the investigation conducted by Global Direct and/or Member with respect to the unusual, suspicious, or risk -exposing activity determines that such activity is reasonably likely to result in amounts being due from you to Global Direct and/or Member, and (ii) Global Direct and/or Member require the establishment, replenishment, or increase of a Reserve Account in connection therewith, then the funds held may be used to fund such Reserve Account. 16. DEFAULT/SECURITY INTEREST. 16.1. Upon failure by Merchant to meet any of its obligations under this Card Services Agreement (including funding the Reserve Account), any of the accounts referred to in section 5 may be debited without notice to Merchant, and Merchant (on behalf of itself and its affiliated entities) hereby grants to Member, Global Direct a lien and security interest in all of Merchant's right, title and interest in or to any of the following assets or properties, if any: (a) all of the accounts referenced in the preceding sentence, (b) the Reserve Account (without in any way suggesting that Merchant has ownership interest or property rights in the Reserve Account or the funds therein), (c) any rights to receive credits or payments under this Card Services Agreement and (d) all deposits and other property of Merchant that Member or its affiliates possess or maintain (including all proceeds of the foregoing). Merchant shall execute, acknowledge or deliver any documents or take any actions Member, Global Direct may from time to time request to better assure, preserve, protect, perfect, maintain or enforce this security interest. To the extent not prohibited by law, Merchant irrevocably authorizes Member, Global Direct to file any financing statements (at Merchant's expense) in any relevant jurisdiction or any other documents or instruments related to this security interest. Except as provided in section 15 (relating to the Reserve Account), Merchant represents and warrants that (a) Merchant has good and valid rights and title to the property described herein, (b) Merchant has full power and authority to grant to Member the security interest pursuant hereto and to execute, deliver and perform its obligations in accordance with the terms of this Card Services Agreement, without the consent or approval of any other person or entity, (c) no other person or entity has a security interest or lien in any of the property described herein and (d) this security interest is a first lien security interest and secures Merchant's obligations to Member under this Card Services Agreement. Member shall have all rights of a secured party and Merchant must obtain the prior written consent of Member before granting any subsequent security interest or lien in the property described herein. Merchant agrees that it is Merchant's intent that these accounts and secured property shall to the extent allowed by applicable law not be subject to any preference, claim, or stay by reason of any bankruptcy or insolvency law. Merchant agrees to act consistently with the understanding that said accounts and secured property under this Card Services Agreement are free of all such preferences, claims or stays by reason of and as allowed by any such law. The scope of the security interest, and Merchant's (on behalf of itself and its affiliated entities) instructions to its financial institutions to accept withdrawal requests from Global Direct, Member, and Merchant's agreement to hold such institutions harmless and to indemnify them, to the extent not prohibited under applicable law, are described above in section 15. 16.2. Merchant also agrees that, in the event of a default by Merchant, Member has rights of setoff City Council Merchant from Member towards the pay Af-o ounts due from Merchant s DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 of this Card Services Agreement. The rights stated herein are in addition to any other rights Global Direct or Member may have under applicable law. 17. DISPUTE RESOLUTION AND CLASS ACTION WAIVER 17.1. Any litigated action regarding, relating to or involving the validity, scope and/or enforceability of this Card Services Agreement, shall be brought in either the courts of the state of Georgia sitting in Muscogee County or the United States District Court for the Middle District of Georgia, and Merchant and Global Direct expressly agree to the exclusive jurisdiction of such courts. Merchant and Global Direct hereby agree and consent to the personal jurisdiction and venue of such courts, and expressly waive any objection that Merchant or Global Direct might otherwise have to personal jurisdiction or venue in such courts. 17.2. Class Action Waiver: Merchant acknowledges and agrees that all disputes arising out of or related to this Card Services Agreement shall be resolved on an individual basis without resort to any form of class action and shall not be consolidated with the claims of any other parties. Merchant further agrees to waive, and hereby waives, the right to participate in a class action or to litigate or arbitrate on a class wide basis. 17.3. Merchant hereby agrees that claims applicable to American Express may be resolved through arbitration as further described in the American Express Merchant Requirements Guide (the "American Express Guide"). 18. AMENDMENTS. Global Direct shall have the right to modify or amend the terms and conditions of this Card Services Agreement or the Card Acceptance Guide, including, without limitation, the right to modify, amend, or supplement applicable fees, charges, and/or discounts. Modifications and amendments related to changes to the Card Association Rules, changes to the fees charged by the card associations, Member, or other third parties, or in response to changes in applicable laws or regulations (collectively, a "Third Party Change") may be made effective immediately, with or without notice. Modifications or amendments unrelated to a Third Party Change shall be effective upon the date specified in a notice to the Merchant (the "Change Notice"), provided that the date shall not be fewer than five business days after the date of such Change Notice. Following the Effective Date, in the event of any modification or amendment not related to a Third Party Change, Merchant shall have the right to terminate this Card Services Agreement, without liability for premature termination pursuant to section 13, by providing written notice thereof to Global Direct, provided that such notice must be given within five business days following the date of the Change Notice. If Merchant provides written objection to such changes or amendments, Merchant shall have 15 calendar days from receipt of such changes or amendments to provide written notice to Global Direct of its desire to terminate this Card Services Agreement. Following receipt of such written notice, the amendments communicated by Global Direct or Member shall not take effect, and the Card Services Agreement shall continue under the prior terms for a period of up to 30 days. At the end of such 30-day period, this Card Services Agreement shall terminate and Merchant's ability to utilize the Services will cease. Other than the amendments set forth above, this Card Services Agreement may be amended only in writing signed by Global Direct, Member, and Merchant. 19. WAIVER. No provision of this Card Services Agreement shall be deemed waived by any party unless such waiver is in writing and signed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising on the part of any party hereto, any right, power or privilege under this Card Services Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege under this Card Services Agreement preclude any other or further City Council .... _. �...._ .�. r..... 12/20/2022 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 20. EXCHANGE OF INFORMATION. Merchant authorizes Global Direct to order a credit report on Merchant. Merchant hereby authorizes Member or any depository institution to release any financial information concerning Merchant or its accounts to Global Direct. Subsequent credit reports may be ordered in connection with updating, renewing or continuing this Card Services Agreement. Upon the written request of any individual who is the subject of a consumer credit report, Global Direct will provide the name and address of the consumer credit reporting agency furnishing such report, if any. Global Direct may exchange information about Merchant with Member, other financial institutions and credit card associations, network organizations and any other party. Merchant hereby authorizes Global Direct to disclose information concerning Merchant's activity to any card association, network organizations, or any of their member financial institutions, or any other party without any liability whatsoever to Merchant. 21. SEVERABILITY; CONSTRUCTION. If any provision of this Card Services Agreement or portion thereof is held to be unenforceable, such a determination will not affect the remainder of this Card Services Agreement. Paragraph headings are included for convenience only and are not to be used in interpreting this Card Services Agreement. 22. NOTICES. All notices from Merchant to Global Direct or Member under this Card Services Agreement shall be in writing and shall be sent by facsimile, by overnight carrier, or by regular or certified mail. All notices sent to Global Direct or Member shall be effective upon actual receipt by the Corporate Secretary of Global Payments Direct, Inc., 3550 Lenox Road NE, Suite 3000, Atlanta GA 30326. Any notices from Global Direct or Member to Merchant under this Card Services Agreement shall be effective upon the earlier of actual receipt or upon sending such notice to the address provided by Merchant in the Merchant Application or to any other e-mail or physical address to which notices, statements and/or other communications are sent to the Merchant hereunder or via electronic posting or notification accessible to Merchant on Global Direct's Merchant Portal (https://reporting.globalpay.com/login) or any successor online reporting tool. The parties hereto may change the name and address of the person to whom notices or other documents required under this Card Services Agreement must be sent at any time by giving notice to the other party. 23. MERGER. This Card Services Agreement, including these Card Services Terms & Conditions and the Merchant Application, constitutes the entire agreement between Merchant, Global Direct, and Member and supersedes all prior memoranda or agreements relating thereto, whether oral or in writing. 24. EFFECTIVE DATE. If Merchant is receiving these Terms and Conditions as an amendment to an existing Card Services Agreement, the Terms and Conditions shall be effective upon receipt. Otherwise, this Card Services Agreement shall become effective only upon acceptance by Global Direct and Member, or upon delivery of indebtedness at such locations as designated by Global Direct for purchase, whichever event shall first occur. In either event, such date is referred to herein as the "Effective Date." 25. DESIGNATION OF DEPOSITORY. The financial institution set forth in the Merchant Application is designated by Merchant as a depository institution ("Depository") for its credit card indebtedness. Such financial institution must be a member of an Automated Clearing House Association. Merchant authorizes payment for indebtedness purchased hereunder to be made by paying Depository therefore with instructions to credit Merchant's Accounts. Depository, Member, and/or Global Direct may charge any of Merchant's Accounts at Depository for any amount due under this Card Services Agreement. Global Direct must approve in writing any proposed changes to the Account(s) or to the Depository. Merchant represents and warrants that: (a) the Account(s) will always be in the same legal and DBA (if applicable) name as Merchant's name on the Merchant Application; (b) Merchant will own and City AQ as any Reserve Account is in effect; an )Ffh Account(s) will not be ass y DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 merchant processing activity that is illegal or prohibited by the Card Association Rules or Applicable Law, including without limitation merchant processing activity associated with other accounts and/or processors. Merchant hereby authorizes Depository to release any and all account information to Global Direct as Global Direct may request without any further authorization, approval or notice from or to Merchant. 26. FINANCIAL ACCOMMODATION. The acquisition and processing of sales slips hereunder is a financial accommodation and, as such, in the event Merchant becomes a debtor in bankruptcy, this Card Services Agreement cannot be assumed or enforced, and Global Direct and Member shall be excused from performance hereunder. 27. AUTHORIZED USERS. To the extent Merchant is granted electronic access to any systems or portals of Global Direct, Merchant shall be responsible for (i) ensuring that only authorized users of such systems or portals access the same; (ii) keeping all logins, user names, and passwords confidential; and (iii) promptly notifying Global Direct of any unauthorized access of such logins, user names, or passwords; and (iv) all actions taken by anyone using such access, logins, user names, or passwords, even if such actions were not authorized by Merchant. 28. TAXES. Merchant shall be solely responsible for the calculation, collection, and remittance of any sales tax imposed by any government authority in connection with the provision of Merchant's goods or services. Unless Merchant is otherwise exempt (and can prove such exemption to Global Direct and/or Member's satisfaction), Merchant agrees to pay all taxes imposed on the services, equipment, or other property provided to Merchant pursuant to this Agreement. 29. REPORTING. Merchant acknowledges that, under the Card Association Rules, certain merchant activity and terminations of merchant processing agreements may result in Global Direct or Member reporting merchants and their principals for inclusion on a terminated merchant file (e.g., the "MATCH" list). Merchant, on behalf of itself and its principals, hereby consents to such reporting and waives any claim related to the same, even in instances where Merchant or its principals believe that reporting to have been improper or in error. 30. RELATIONSHIP OF THE PARTIES. Merchant designates Global Direct and Member as its agent to receive payments for transactions processed pursuant to this Card Services Agreement. Neither Global Direct nor Member, however, shall be considered a partner or fiduciary to Merchant, and nothing in this Card Services Agreement or the rendition of services related to this Card Services Agreement shall be deemed to create a joint venture, partnership, or fiduciary relationship between or among the parties. Rather, the relationship among the parties to this Card Services Agreement is an arm's length commercial relationship. 31. DEBIT / ATM PROCESSING SERVICES: ADDITIONAL TERMS AND CONDITIONS. 31.1. Debit Sponsor shall act as Merchant's sponsor with respect to the participation of point -of - sale terminals owned, controlled, and/or operated by Merchant (the "Covered Terminals") in each of the following debit card networks ("Debit Networks"): Accel, AFFN, Alaska Option, CU24, Interlink, Maestro, NYCE, Pulse, Shazam, Star, and Tyme, which Debit Networks may be changed from time -to -time by Debit Sponsor or Global Direct without notice. Merchant may also have access to other debit networks that do not require a sponsor. Global Direct will provide Merchant with the ability to access the Debit Networks at the Covered Terminals for the purpose of authorizing debit card transactions from cards issued by the members of the City Council terminal applications, settlement, and report ivities. DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 31.2. Merchant will comply with all Applicable Laws and with all by-laws, regulations, rules, and operating guidelines of the Debit Networks ("Network Rules"). Merchant will execute and deliver any application, participation, or membership agreement or other document necessary to enable Debit Sponsor to act as sponsor for Merchant in each Debit Network. Merchant agrees to utilize the debit card Services in accordance with the Card Services Agreement, its exhibits or attachments, and Global Direct's instructions and specifications (including but not limited to the Card Acceptance Guide which is incorporated into and made a part of this Card Services Agreement), and to provide Global Direct with the necessary data in the proper format to enable Global Direct to properly furnish the Services. Copies of the relevant agreements or operating regulations shall be made available to Merchant upon request. 31.3. Merchant shall not in any way indicate that Debit Sponsor endorses Merchant's activities, products, or services. Debit Sponsor and Merchant are and shall remain independent contractors of one another, and neither they, nor their respective individual employees, shall have or hold themselves out as having any power to bind the other to any third party. Nothing contained in this section shall be construed to create or constitute a partnership, joint venture, employer -employee, or agency relationship between Debit Sponsor and Merchant. 31.4. In the event that Debit Sponsor's sponsorship of Merchant in any Network is terminated prior to the termination of the Card Services Agreement, Global Direct may assign Debit Sponsor's rights and obligations hereunder to a third party. All provisions in this section necessary to enforce the rights and obligations of the parties contained in this section shall survive the termination of Debit Sponsor's debit sponsorship of Merchant under the Card Services Agreement. Debit Sponsor may assign this Agreement to any parent, subsidiary, affiliate, or successor -in -interest. 32. MERCHANT ACCEPTANCE OF EBT TRANSACTIONS: ADDITIONAL TERMS AND CONDITIONS. If Merchant accepts EBT transactions (as defined in section 2, Services Descriptions), Merchant agrees to issue Benefits to Recipients in accordance with the procedures specified herein, and in all documentation and user guides provided to Merchant by Global Direct, as amended from time -to -time (including but not limited to the Card Acceptance Guide which is incorporated into and made a part of this Card Services Agreement); and pursuant to the Quest Operating Rules (the "Quest Rules"), as amended from time -to -time, issued by the National Automated Clearing House Association as approved by the Financial Management Service of the U.S. Treasury Department. Unless otherwise defined herein, all capitalized terms shall have the meanings ascribed them in the Rules. Merchant will provide each recipient a receipt of each Benefit issuance. Merchant will be solely responsible for Merchant's issuance of Benefits other than in accordance with authorizations. Merchant agrees to comply with all the requirements, laws, rules and regulations pertaining to the delivery of services to Benefit Recipients and Benefit Recipient confidentiality. If Merchant issues FS Benefits under this Card Services Agreement, Merchant represents and warrants to Global Direct that Merchant is an FNS- authorized "Merchant" (as such term is defined in the Rules) and is not currently suspended or disqualified by FNS. Merchant agrees to secure and maintain at its own expense all necessary licenses, permits, franchises, or other authorities required to lawfully effect the issuance and distribution of Benefits under this Card Services Agreement, including without limitation, any applicable franchise tax certificate and non -governmental contractor's certificate, and covenants that Merchant will not issue Benefits at any time during which Merchant is not in compliance with the requirements of any applicable law. Merchant agrees to hold Global Direct harmless from any costs of compliance or failure to comply with any such obligation by Merchant. Global Direct may terminate or modify the provision of Services to Merchant if any of Global Direct's agreements with government EBT agencies City CMS tion or inaction on the part of Merchant. I y o P ese Card Services Terms e found to conflict with Federal or State law, regulation or policy of the Rules, these Card Services Terms DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 & Conditions are subject to reasonable amendment by Global Direct, the State or its EBT Service Provider to address such conflict upon 90 days written notice to Merchant, provided that Merchant may, upon written notice, terminate the Card Services Agreement upon receipt of notice of such amendment. Nothing contained herein shall preclude the State from commencing appropriate administrative or legal action against Merchant or for making any referral for such action to any appropriate Federal, State, or local agency. Any references to "State" herein shall mean the State in which Merchant issues Benefits pursuant hereto. If Merchant issues Benefits in more than one State pursuant hereto, then the reference shall mean each such State severally, not jointly. 33. DECLINE MINIMIZER SERVICES. In the event that Merchant elects to use Global Direct's Decline Minimizer Service (as defined herein below), the following terms apply. Merchant represents and warrants that its business is of such a nature that it periodically needs to receive updated cardholder account information and that Merchant does not belong to any high -risk categories as determined by any Card Schemes. In consideration of Merchant's payment of any fees and charges set forth herein, Global Direct agrees to provide to Merchant certain Card decline minimizer services facilitated by applicable card associations, which services are designed to assist merchants in recurring payment industries with maintenance of current cardholder account data (such services, the "Decline Minimizer Services"). The Decline Minimizer Services are subject to availability as determined by the card associations. Merchant acknowledges that a card association may terminate or suspend Global Direct's ability or right to provide the Decline Minimizer Services, and Global Direct may terminate its obligations with respect to the Decline Minimizer Service at any time upon notice to Merchant. The Decline Minimizer Services may be subject to additional terms, conditions, and/or fees, notice of which shall be provided to Merchant in accordance with this Agreement. 34. CALLPOP OPENEDGE SERVICES. 34.1. Global Direct offers hardware and services, which may include but are not limited to, phone/fax to VOIP smart box converter, phone analytics, two-way calling, call notes and call history, quick text for incoming and missed calls, reviews via text, text to pay, smart caller ID, reporting portal(s), and mobile application(s) among other things (collectively, the "CaIIPop OpenEdge Services") for Merchant's sole use with its internal business operations. 34.2. In the event that Merchant elects to use Global Direct's CaIIPop OpenEdge Services (as defined above), the following terms apply. In consideration of Merchant's payment of the fees and charges set forth in the Merchant Application with respect to Global Direct's CaIIPop OpenEdge Services, and subject to the terms and conditions herein, Global Direct agrees to provide Merchant certain CaIIPop Services and hereby grants Merchant a limited, non- exclusive, non-sublicensable, non -transferable license in the United States of America to access and use the CaIIPop Open Edge Services (as defined above) solely for Merchant's internal business operations. Merchant shall not and shall not permit or authorize any other party to (a) decompile, disassemble, reverse engineer, or otherwise attempt to discern the source code of the CaIIPop OpenEdge Services; or (b) copy, modify, enhance, or otherwise create derivative works of the CaIIPop OpenEdge Services. Either party may terminate or suspend the CaIIPop OpenEdge Services without terminating the rest of the Agreement pursuant to the termination and/or suspension rights specified in the Agreement. Notwithstanding the foregoing, Global Direct may terminate its obligations with respect to the CaIIPop OpenEdge Services at any time upon notice to Merchant. The CaIIPop OpenEdge Services may be subject to additional terms, conditions, and/or fees, notice of which shall be provided to Merchant in accordance with this Agreement. City Council Global Direct makes no representatio r w anty, express or implied o the CaIIPop OpenEdge Services, including without limitation, any hardware provided DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 in connection therewith. Global Direct specifically disclaims all warranties as to the merchantability, condition, design, or compliance with specifications or standards, and expressly disclaims all implied warranties, including without limitation implied warranties of merchantability, fitness for a particular use, or noninfringement of third party rights, with respect to the CallPop OpenEdge Services. Global Direct does not warrant that the CallPop OpenEdge Services will operate without interruption or on an error -free basis. Global Direct shall have not liability to Merchant for incidental, special, consequential, indirect or exemplary damages, including without limitation lost profits, revenues and business opportunities, or damages for injury to person or property, arising out of or in connection with the use by Merchant of the CallPop OpenEdge Services. 35. DISCOVER PROGRAM MARKS. Merchant is hereby granted a limited non-exclusive, non- transferable license to use Discover brands, emblems, trademarks, and/or logos that identify Discover cards ("Discover Program Marks"). Merchant is prohibited from using the Discover Program Marks other than as expressly authorized in writing by Global Direct. Merchant shall not use the Discover Program Marks other than to display decals, signage, advertising and other forms depicting the Discover Program Marks that are provided to Merchant by Global Direct pursuant to this Card Services Agreement or otherwise approved in advance in writing by Global Direct. Merchant may use the Discover Program Marks only to promote the services covered by the Discover Program Marks by using them on decals, indoor and outdoor signs, advertising materials and marketing materials; provided that all such uses by Merchant must be approved in advance by Global Direct in writing. Merchant shall not use the Discover Program Marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the Discover Program Marks. Merchant recognizes that it has no ownership rights in the Discover Program Marks and shall not assign to any third party any of the rights to use the Discover Program Marks. 36. PAYPAL MARKS. PayPal Marks means the brands, emblems, trademarks, and/or logos that identify PayPal Acceptance. Merchant shall not use the PayPal Marks other than to display decals, signage, advertising, and other forms depicting the PayPal Marks that are provided to Merchant by Global Direct pursuant to the Merchant Program or otherwise approved in advance in writing by Acquirer. Merchant may use the PayPal Marks only to promote the services covered by the PayPal Marks by using them on decals, indoor and outdoor signs, advertising materials and marketing materials; provided that all such uses by Merchant must be approved in advance by Global Direct in writing. Merchant shall not use the PayPal Marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the PayPal Marks. Merchant recognizes that it has no ownership rights in the PayPal Marks. Merchant shall not assign to any third party any of the rights to use the PayPal Marks. Merchant is prohibited from using the PayPal Marks, not permitted above, unless expressly authorized in writing by PayPal. 37. AMERICAN EXPRESS CARD ACCEPTANCE. 37.1. If Merchant accepts American Express transactions, Merchant hereby acknowledges and agrees that for purposes of acceptance of American Express, the American Express Guide is hereby incorporated by reference into this Card Services Agreement. In addition, Merchant agrees to comply with the terms of all other security and operational guides published by American Express from time to time, including the American Express Data Security Requirements. Merchant hereby authorizes Global Direct to submit American Express transactions to, and receive settlement from, American Express on behalf of Merchant. Merchant must accept the American Express card as payment for goods and services (other 9 if City Council applicable) for charitable contributions , a of its establishments, exc y permitted by state statute. Merchant is jointly and severally liable for the obligations of DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 Merchant's establishments under the Card Services Agreement. For the avoidance of doubt, "cardholder" as used in this Card Services Agreement shall include Card Members as defined in the American Express Guide. 37.2. Merchant hereby acknowledges and agrees that (i) Global Direct may disclose American Express Transaction Data (which for purposes of this section 37 shall have the same definition as "Transaction Data" in the American Express Guide), Merchant Data (as defined below), and other information about Merchant to American Express, (ii) American Express may use such information to perform its responsibilities in connection with the American Express Program, promote the American Express Network, perform analytics and create reports, and for any other lawful business purpose, including marketing purposes, and (iii) American Express may use the information obtained in this application at the time of setup to screen and/or monitor Merchant in connection with American Express Card marketing and administrative purposes. If Merchant has provided a wireless phone number in connection with this Card Services Agreement, Merchant hereby agrees that it may be contacted at that number and the communications sent may include autodialed text messages or automated prerecorded calls. If Merchant has provided a fax number, Merchant hereby agrees that it may be sent fax communications. To opt out of American Express -related marketing communications, Merchant may contact Global Direct customer service as described in this Card Services Agreement. For purposes of this section 37, "Merchant Data" means names, postal and email addresses, tax ID numbers, names and social security numbers of the authorized signer of Merchant and similar identifying information about Merchant. For clarification, Merchant Data does not include American Express Transaction Data. 37.3. Merchant hereby agrees that, in the event that Merchant becomes a High Charge Volume Merchant (as defined below), Merchant will be converted from the American Express Program to a direct American Express Card acceptance relationship with American Express, and upon such conversion, (i) Merchant will be bound by American Express' then -current card acceptance agreement, and (ii) American Express will set pricing and other fees payable by Merchant for American Express Card acceptance. "High Charge Volume Merchant" for purposes of this section 37 means an American Express Program Merchant with either (i) greater than $1,000,000 in American Express charge volume in a rolling twelve (12) month period or (ii) greater than $100,000 in American Express charge volume in any three (3) consecutive months. For clarification, if Merchant has multiple establishments, the American Express charge volume from all establishments shall be summed to together when determining whether Merchant has exceeded the thresholds above. 37.4. Merchant shall not assign to any third party any American Express -related payments due to it under this Card Services Agreement, and all indebtedness arising from American Express Charges (as defined below) will be for bona fide sales of goods and services (or both) at its establishments (as defined below) and free of liens, claims, and encumbrances other than ordinary sales taxes; provided, however, that Merchant may sell and assign future American Express transaction receivables to Global Direct, its affiliated entities and/or any other cash advance funding source that partners with Global Direct or its affiliated entities, without consent of American Express. 37.5. In connection with Merchants acceptance of American Express, Merchant agrees to comply with and be bound by, the rules and regulations imposed by the Payment Card Industry (PCI) Security Standards Council (including without limitation the PCI Data Security Standard). Merchant hereby agrees to report all actual or suspected Data Incidents (as such term is City Counce I and American Express immediately upoAll,LL:veTy thereof. DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 37.6. Merchant hereby agrees that American Express shall have third party beneficiary rights, but not obligations, to enforce the Card Services Agreement against Merchant to the extent applicable to American Express processing. Merchant's termination of American Express card acceptance shall have no direct or indirect effect on Merchant's rights to accept other card brands. To terminate American Express acceptance, Merchant may contact Global Direct customer service as described in this Card Services Agreement. 37.7. Without limiting any other rights provided herein, Global Direct shall have the right to immediately terminate Merchant's acceptance of American Express cards upon request of American Express. Merchant may not bill or collect from any American Express Card Member for any purchase or payment on the American Express card unless a chargeback has been exercised, Merchant has fully paid for such charge, and it otherwise has the right to do so. Merchant shall use the American Express brand and marks in accordance with the requirements set forth in the American Express Guide. 38. ELECTRONIC SIGNATURES. 38.1. Under the Electronic Signatures in Global and National Commerce Act (E-Sign), this Card Services Agreement and all electronically executed documents related hereto are legally binding in the same manner as are hard copy documents executed by hand signature when (1) your electronic signature is associated with the Card Services Agreement and related documents, (2) you consent and intend to be bound by the Card Services Agreement and related documents, and (3) the Card Services Agreement is delivered in an electronic record capable of retention by the recipient at the time of receipt (i.e., print or otherwise store the electronic record). This Card Services Agreement and all related electronic documents shall be governed by the provisions of E-Sign. 38.2. By pressing Submit, you agree (i) that the Card Services Agreement and related documents shall be effective by electronic means, (ii) to be bound by the terms and conditions of this Card Services Agreement and related documents, (iii) that you have the ability to print or otherwise store the Card Services Agreement and related documents, and (iv) to authorize us to conduct an investigation of your credit history with various credit reporting and credit bureau agencies for the sole purpose of determining the approval of the applicant for merchant status or equipment leasing. This information is kept strictly confidential and will not be released. 39. SURCHARGES/OTHER FEES. 39.1. Merchant pricing appears in the Card Services Fee Schedule of the Merchant Application. Merchant may also be charged certain fees and assessments established by the card associations and debit networks which are described in more detail at https://www.globalpaymentsinc.com/ratetable. T&E merchants (airline, car rental, cruise line, fast food, lodging, restaurant, travel agent, transportation) may have separate rates quoted for consumer and commercial (business) transactions. Transactions that do not clear as priced are subject to surcharges (as outlined in Merchant Application) that are billed back to you on your monthly statement. The most predominant market sectors and transactions types for surcharges appear below, however, such sectors and transaction types are not comprehensive and are subject to change. Most surcharges can be avoided by using a product that supports authorization and market data requirements established by the card associations and that are subject to change from time to time. Some surcharges occur on City Council Visa Signature Preferred Card, Visa In ' e d, Mastercard Rewards C d World Card, Mastercard World Elite Card, Discover Rewards Card, Discover Premium Card, DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 Discover Premium Plus Card, and "foreign" cards issued outside the United States). Unless your Card Services Fee Schedule specifically addresses commercial cards (i.e., Business Cards, Corporate Cards, Fleet Cards, GSA Cards, Purchase Cards), you will be billed back for the higher cost of acceptance of commercial cards, unless you are primarily a business - to -business supplier with corresponding pricing based on acceptance of commercial cards. The card associations require that information from the original authorization, including a lifecycle identifier, be retained and returned with subsequent authorizations and/or the settled transaction data. The card associations validate this information as part of the clearing and settlement process. If authorization data is not retained and returned at settlement, then the transaction will not clear as priced and will incur a surcharge. For more information concerning surcharging and to view market data, you may wish to check the Global Direct website (www.globalpaymentsinc.com) for best practices information and to license Global Access @dvantage (GA@) or Business View for transaction detail review. 39.2. The card associations validate this information as part of the clearing and settlement process. If authorization data is not retained and returned at settlement, then the transaction will not clear as priced and will incur a surcharge. For more information concerning surcharging and to view market data, you may wish to check the Global Direct website (www.globalpaymentsinc.com) for best practices information and to license Global Access @dvantage (GA@) or Business View for transaction detail review. The items listed in this section 39 are not and are not intended to be a comprehensive list of all instances in which surcharges may apply. Surcharges may apply in additional situations. All surcharges may include additional fees assessed by the applicable card association and Member or Global Direct. 39.3. In addition, Merchant may be assessed additional fees which will be in addition to the fees stated on the Merchant Application, including the following: 39.4. Merchant will also be assessed (a) Cross -Border fees and a U.S. Acquirer Support fee for international Mastercard and Maestro transactions. (b) an International Service Assessment fee and International Acquirer fee for international Visa transactions, and (c) an International Processing fee and International Service fee for international Discover transactions. These fees, which are applicable to transactions between Merchant and a non-U.S. Mastercard, Maestro, Visa, American Express, or Discover cardholder will be displayed as a separate item on Merchant's monthly statement and may include fees assessed by both the applicable card association and Member or Global Direct. 39.5. Merchant will also be assessed per transaction access or participation fees and assessment rates for Visa, Mastercard, American Express, Discover and PayPal transactions, which will be displayed as a separate item on Merchant's monthly statement and may include fees by both the applicable card association and Member or Global Direct. Merchant will also be assessed a Discover Network Authorization Fee. 39.6. Merchant may also be assessed a PCI DSS Compliance fee, which will appear as a separate item on Merchant's monthly statement. This fee is assessed by Member and Global Direct in connection with Member and Global Direct's efforts to comply with the PCI Data Security Standard and does not ensure Merchant's compliance with the PCI Data Security Standard or any law, rule or regulation related to cardholder data security. The payment of such fee shall not relieve Merchant of its responsibility to comply with all rules and regulations related to cardholder data security, including without limitation the PCI Data Security Standard. City Council compliance or confirm they are using a aIidated payment appI c a t i DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 39.7. Merchant will also be assessed the following fees on or related to Visa transactions: the Visa Misuse of Authorization System fee, which will be assessed on authorizations that are approved but never settled with the Merchant's daily batch, the Visa Zero Floor Limit Fee, which will be assessed on settled transactions that were not authorized, the Visa Zero Dollar Verification fee, which will be assessed on transactions where Merchant requested an address verification response without an authorization, the Visa Transaction Integrity fee, which will be assessed on Visa signature debit and prepaid transactions that fail to meet processing and transaction standards defined by Visa, and a monthly fee based on the number of card present Merchant locations by Merchant taxpayer identification number and/or all Visa volume processed by a Merchant's taxpayer identification number. Merchant will also be assessed a Mastercard CVC2 Transaction fee and the Mastercard Misuse of Authorization System fee, which will be assessed on authorizations that are approved but never settled with the Merchant's daily batch or not properly reversed within 120 days, and an acceptance and licensing fee that will be applied to the Merchant's total U.S. Mastercard sales volume. These fees will be displayed as separate items on Merchant's monthly statement, provided that the acceptance and licensing fee may be included with Merchant's Mastercard assessment fees, and may include fees assessed by both the applicable card association and Member or Global Direct. City Council 26 — 39 12/20/2022 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 SURCHARGES FOR PREDOMINANT MARKET SECTORS Retail/Restaurant Electronic Merchant If you are a Retail Merchant or a Restaurant Merchant with retail -only pricing (no Business Card Rate) and utilize a certified terminal product or electronic system or the payment application provided by Global Direct or its partner, which is designed for authorization and settlement through Global Direct, each consumer card transaction you submit which meets all of the following requirements will be priced at the rate quoted. Each transaction not processed as outlined, including without limitation retail commercial card transactions in addition to transactions using Visa Rewards Card, Visa Signature Card, Visa Signature Preferred Card, Visa Infinite Card, Mastercard Rewards Card, Mastercard World Card, Mastercard World Elite Card, Discover Rewards Card, Discover Premium Card, Discover Premium Plus Card and all Commercial Cards, will be priced at the rate quoted plus the applicable surcharge rate quoted in the Merchant Application. • Obtain a single electronic authorization with magnetic strip read or contactless data capture (electronic imprint) at the time of sale. • Obtain a single electronic authorization and settle for authorized amounts. • Obtain a cardholder signature (unless transaction is eligible for No Signature Required [NSR] program). • Settle and transmit batches same day via your terminal/electronic system. • The electronic authorization amount must be equal to the transaction amount on all Visa debit card transactions unless a Restaurant (MCC 5812), Fast Food (MCC 5814), Service Station (MCC 5541) or, Bar/Tavern (MCC 5513), Beauty/Barber Shop (MCC 7230), or Taxi/Limousines (MCC 4121). • The electronic authorization amount must be equal to the transaction amount on Discover retail transactions except that Taxi Limousines (MCC 4121) and Beauty/Barber Shop (MCC 7230) merchant transactions may vary up to 20%. Restaurant (MCC 5812), Fast Food (MCC 5814), Service Station (MCC 5541) or Bar/Tavern (MCC 5513) transactions may vary by more than 20% from the electronic authorization without incurring surcharges. Restaurant Electronic Merchant If you are a Restaurant Merchant MCC 5812 or Fast Food Merchant MCC 5814 and utilize a certified terminal product or electronic system for authorization and settlement through Global Direct, each consumer card transaction you submit which meets all of the following requirements will be priced at the rate quoted. Each transaction not processed as outlined, in addition to transactions using Visa Rewards Card, Visa Signature Card, Visa Signature Preferred Card, Visa Infinite Card, Mastercard Rewards Card, Mastercard World Card, Mastercard World Elite Card, Discover Rewards Card, Discover Premium Card, and Discover Premium Plus Card will be priced at the rate quoted plus the applicable surcharge rate quoted in the Merchant Application. Commercial Card transactions that meet these requirements will be subject to the Business Card rate quoted in the Fee Schedule. Commercial Card transactions not processed in accordance with these requirements will be subject to the rate quoted plus the applicable surcharge rate quoted in the Merchant Application. • Obtain a single electronic authorization with magnetic strip read or contactless data capture (electronic imprint) at the time of sale. • Obtain a cardholder signature (unless transaction is eligible for NSR program). • Settle and transmit batches same day via your terminal/electronic system. Supermarket Electronic Merchant If you are an approved (certified) supermarket merchant and utilize a terminal or electronic system for authorization and settlement through Global Direct, each transaction you submit which meets all of the following requirements will be priced at the rate(s) quoted for Supermarket Credit Card and Supermarket Check Card. Each transaction not processed as outlined, in addition to transactions using Visa Rewards Card, Visa Signature Card, Visa Signature Preferred Card, Visa Infinite Card, Mastercard Rewards Card, Mastercard World Card, Mastercard World Elite, Discover Rewards Card, Discover Premium Card, Discover Premium Plus Card and commercial cards, will be priced at the rate quoted plus the applicable surcharge rate quoted in the IVI I. • I b netic strip read (card swipe/contactless A capture/electronic imprint) at the�'t„4,�4lf �I ? • Obtain a single electronic authorization and settle for authorized amounts. DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 Obtain a cardholder signature (unless transaction is eligible for NSR program). Settle and transmit batches same day via your terminal/electronic system. The electronic authorization amount must be equal to the transaction amount on all Visa debit card transactions. Emerging Market Electronic Merchant If you qualify as an Emerging Market Merchant (as defined by Association guidelines from time to time) and utilize a terminal or electronic system for authorization and settlement through Global Direct, each transaction you submit which meets all the following requirements will be priced at the rates quoted. Any other transaction, including commercial card transactions, Visa Rewards Card, Visa Signature Card, Visa Signature Preferred Card, Visa Infinite Card, Mastercard Rewards Card, Mastercard World Card, Mastercard World Elite Card, Discover Rewards Card, Discover Premium Card, Discover Premium Plus Card, and non-magnetic stripe read foreign transactions will be priced at the rate quoted plus the applicable surcharge rate quoted in the Merchant Application In addition, each Visa transaction not processed as outlined, but transmitted same day or next day via your terminal/electronic system, will be priced at the rate quoted plus the applicable surcharge rate quoted in the Merchant Application. • Obtain a single electronic authorization. • Settle and transmit batches same day via your terminal/electronic system. • Provide market data as required. See Note. NOTE: If card is not present and a magnetic stripe read does not occur, then Merchant may be required to comply with "Direct Marketer" market data requirements including AVS request on cardholder billing address at time of authorization. If card is present and cardholder signature is obtained, however the magnetic stripe is damaged, then Merchant may be required to obtain AVS match on cardholder billing address zip code. MOTO Electronic Merchant If you are a MOTO Merchant (non-magnetic swipe read transactions) and utilize a certified terminal product or electronic system for authorization and settlement through Global Direct, each transaction you submit which meets all of the following requirements will be priced at the rate quoted. Any other transaction, including all foreign transactions and commercial card transactions in addition to transactions using Visa Rewards Card, Visa Signature Card, Visa Signature Preferred Card, Visa Infinite Card, Mastercard Rewards Card, Mastercard World Card, Mastercard World Elite Card, Discover Rewards Card, Discover Premium Card, and Discover Premium Plus Card will be priced at the rate quoted plus the applicable surcharge rate quoted in the Merchant Application. • Obtain an electronic authorization and settle for authorized amounts (one reversal permitted on Visa transactions to make authorization amount equal to settle amount). • Address Verification Request in authorization on cardholder billing address. For Discover transactions, Merchant must obtain full address verification request on street number and/or 9-digit postal code. • CID verification for Discover merchants on non -recurring transactions. • Purchase date (settled date) is ship date. • Send order number with each transaction. • Settle and transmit batches same day via your terminal/electronic system. • Send level 3 data (line item detail, sales tax, customer code) with every eligible commercial card transaction. NOTE: Card Not Present transactions involving one-time, recurring, or installment bill payment transactions are subject to additional card association requirements which must be complied with to avoid surcharges. Electronic commerce transaction requirements are also subject to additional card association requirements re u 4ncl — 022 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 NOTE: Transactions which utilize our TouchTone Capture system for authorizations and settlement, settle beyond 48 hours, or are not transmitted via the TouchTone Capture system, will be priced at the rate quoted plus the applicable surcharge rate quoted in the Merchant Application. Public Sector Electronic Merchant If you are an approved (certified) public sector merchant and utilize a terminal or electronic system for authorization and settlement through Global Direct, each transaction you submit which meets all of the following requirements will be priced at the rate(s) quoted for Public Sector. Each transaction not processed as outlined, in addition to transactions using Visa Rewards Card, Visa Signature Card, Visa Signature Preferred Card, Visa Infinite Card, Mastercard Rewards Card, Mastercard World Card, Mastercard World Elite, Discover Rewards Card, Discover Premium Card, Discover Premium Plus Card and commercial cards, will be priced at the rate quoted plus the applicable surcharge rate quoted in the Merchant Application. • Obtain a magnetic strip read (card swipe/contactless data capture/electronic imprint) at the time of sale. • Obtain a single electronic authorization and settle for authorized amounts. • Obtain a cardholder signature (unless transaction is eligible for NSR program). • Settle and transmit batches same day via your terminal/electronic system. • The electronic authorization amount must be equal to the transaction amount on all Visa debit card transactions. Purchase Card Electronic Merchant If you are a Purchase Card Merchant (non-magnetic swipe read transactions) and utilize a certified terminal product or electronic system for authorization and settlement through Global Direct, each transaction you submit which meets the following requirements will be priced at the rate quoted. Each Visa transaction not processed as outlined but transmitted same day or next day via your terminal/electronic system, will be priced at the rate quoted plus the applicable surcharge rate quoted in the Merchant Application. Each Visa business and commercial card transaction will be priced at the rate quoted plus the applicable surcharge rate quoted in the Merchant Application. Any other transaction that does not meet the following requirements, including without limitation foreign transactions, tax-exempt Visa Commercial transactions, Visa Rewards Card, Visa Signature Card, Visa Signature Preferred Card, Visa Infinite Card, Mastercard Rewards Card, Mastercard World Card, Mastercard World Elite Card, Discover Rewards Card, Discover Premium Card and Discover Premium Plus Card will be priced at the rate quoted plus the applicable surcharge rate quoted in the Merchant Application. • Obtain an electronic authorization and settle for authorized amounts (one reversal permitted on Visa transactions to make authorization amount equal to settled amount). • Address Verification Request in authorization on cardholder billing address. • Purchase date (settled date) is ship date. • Send order number (customer code) with each transaction. • Send tax amount with every transaction. • Send Level 3 data (line item detail) with every eligible commercial card transaction. Sales tax exempt transactions will not be considered to meet these requirements unless they include Level 3 data (line item detail). • Settle and transmit batches same day via your terminal/electronic system. Lodging/Auto Rental Electronic Merchant If you are a Lodging or Auto Rental Merchant utilizing a terminal or electronic system for authorization and settlement through Global Direct, each consumer card transaction you submit which meets the following requirements will be priced at the rate quoted. Each transaction not processed as outlined, including without limitation non-magnetic stripe read foreign transactions, and transactions using Visa Rewards Card, Visa Signature Card, Visa Signature Preferred Card, Visa Infinite Card, Mastercard Rewards Card, Mastercard CI P I PM rd will be priced at the rate quoted plus t ppli le surcharge rate quoted R& Application. Commercial Card transactions that meet these requirements will be subject to the Business Card DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 rate quoted in the Fee Schedule. Commercial Card transactions not processed in accordance with these requirements will be subject to the rate quoted plus the applicable surcharge rate quoted in the Merchant Application. • Obtain a magnetic swipe read (card swipe/electronic imprint) at the time of check -in. • Obtain additional electronic authorizations or send partial reversals to bring total authorized amount within 15% of settled amount. Authorizations must meet card association requirements. • Obtain a cardholder signature for final transaction amount. • Purchase Date is hotel check-out date/auto return date. • Length of guest stay/rental in initial authorization. • Hotel Folio/Rental Agreement Number and check -in date/check-out date transmitted with each transaction. • Additional market data may be required for commercial card transactions to avoid surcharges. Lodging merchants who (1) accept credit cards for advance payment; (2) guarantee reservations using a credit card; or (3) provide express check-out services to guests, must comply with additional card association requirements for these services in addition to additional authorization and settlement market data requirements. Lodging merchants who subject charges to final audit and bill for ancillary/additional charges must comply with additional bank card association requirements for these services in addition to additional authorization and settlement market data requirements to avoid surcharges. These transactions may also be subject to the rate quoted plus the applicable surcharge rate quoted in the Merchant Application. Please see Card Acceptance Guide for requirements and best practices for these transactions. Paper Deposit Merchant Non-terminal/electronic paper deposit transactions will be priced at the rate quoted in the Card Services Fee Schedule of the Merchant Application. Debit Card Merchant Each debit card transaction will be assessed the network's acquirer fee in addition to the debit card per item fee quoted in the Card Services Fee Schedule of the Merchant Application. Card Present / Mag Stripe Failure: A magnetic stripe read is also referred to as an electronic imprint. If the magnetic stripe is damaged, then other validation means may be required to protect against counterfeit cards and merchant must obtain a manual imprint. Most products, including the payment application, if any, will prompt for cardholder billing zip code and perform an AVS check for a zip code match. CID verification is recommended for Discover key - entered transactions. Key -entered retail transactions are subject to higher interchange and surcharges. The foregoing information regarding surcharging is not comprehensive and is subject to change by the card association. Additional or different rates or fees may apply based on the details of a subject transaction. All questions regarding Card Services should be referred to Global Payments Direct Inc. — 3550 Lenox Road NE, Suite 3000, Atlanta, GA. 30326, or call: 1-800-367-2638. Note: Billing disputes must be forwarded, in writing, to Customer Service within 60 days of the date of the statement and/or notice. Contact information for Member is listed in the Merchant Application. Global Payments Direct Inc. is a registered ISO of Wells Fargo Bank, N.A. Debit sponsorship is provided by PB&T Bank, 301 West 5th Street, Pueblo, Colorado 81003—1(888)728- 3550 City Council 26 — 43 12/20/2022 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 City Council 26 — 44 12/20/2022 DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 Additional Owner/Officer Information Page for Merchant Processing Agreement (If Needed) Note: Complete Owner / Officer Information must be present for all Equity Owners with 25% or greater equity in the business and for any person(s) with authority or control. Spaces 1 - 4 must be completed directly on the Merchant Processing Agreement; all additional owner/officer information may be provided on the Additional Owner/Officer Page as needed. Acceptance of Merchant Application and Terms & Conditions / Merchant Authorization. Your Card Services Agreement is between Global Payments Direct, Inc. ("Global Direct"), the Merchant named above, and the Member named below ("Member"). Member is a member of Visa, USA, Inc. ("Visa") and MasterCard International, Inc. ("MasterCard"); Global Direct is a registered independent sales organization of Visa, a member service provider of MasterCard and a registered acquirer for Discover Financial Services, LLC. ("Discover") and a registered Program Participant of American Express Travel Related Services Company, Inc. ("American Express"). A copy of the Card Services Terms and Conditions, revision number Government Entities 04-22-GPI- WF, has been provided to you. Please sign below to signify that you have received a copy of the Card Services Terms & Conditions and that you agree to all terms and conditions contained therein. If this Merchant Application is accepted for card services, Merchant agrees to comply with the Merchant Application and the Card Services Terms & Conditions as may be modified or amended in the future. If you disagree with any Card Services Terms & Conditions, do not accept service. IF MERCHANT SUBMITS A TRANSACTION TO GLOBAL DIRECT HEREUNDER, MERCHANT WILL BE DEEMED TO HAVE ACCEPTED THE CARD SERVICES TERMS & CONDITIONS. By your signature below on behalf of Merchant, you certify that all information provided in this Merchant Application is true and accurate and you authorize Global Direct, and Global Direct on Member's behalf, to initiate debit entries to Merchant's checking account(s) in accordance with the Card Services Terms and Conditions. In addition, by your signature below on behalf of Merchant you authorize Global Direct and/or Open Edge Payments, LLC. to order a consumer credit report on you, Merchant and each of Merchant's officers, partners, and/or owners, as well as subsequent consumer credit reports, which may be required or used in conjunction with the maintenance, updating, renewal or extension of the services provided hereunder, or in conjunction with reviewing, taking collection action on, or other legitimate purposes associated with the Merchant account. Additional Owners -Complete Owner/Officer Information and for any person(s) with authority or control. An this application. Owner/Officer Name: must be present owner or person with for all Equity Owners with 25% or greater equity in the business control listed, must be the one to accept the agreement at the end of Date of Birth (mm/dd/yyyy): Social Security Number: Home Phone Number: Citizenship: ❑ U.S. ❑ Non-U.S Home Address: City: State: Zip: Years There: ❑ Rent El Own Former Address (If less than 1 year at current address): City: State: Zip: Years There: [:]Rent [:]Own SIGNATURE: x Equity Owned: % Title: Date: Owner/Officer Name: Citizenship: ❑ U.S. ❑ Non-U.S Date of Birth (mm/dd/yyyy): Social Security Number: Home Phone Number: Home Address: City: State: Zip: Years There: ❑ Rent ❑ Own Former Address (If less than 1 year at current address): City: State: Zip: Years There: ❑ Rent ❑ Own SIGNATURE: x Equity Owned: % Title: Date: Owner/Officer Name: Citizenship: ❑ U.S. ❑ Non-U.S Date of Birth (mm/dd/yyyy): Social Security Number: Home Phone Number: Home Address: City: State: Zip: Years There: ❑ Rent El Own Former Address (If less than 1 year at current address): City: State: Zip: Years There: ❑ Rent ❑ Own SIGNATURE: x Equity Owned: % Title: Date: Owner/Officer Name: Citizenship: Date of Birth (mm/dd/yyyy): Social Security Number: Home Phone Number: Home Address: City Council City: Eate:45 Zip: Years T42/20/202 ❑ Rent ❑ Own Former Address (If less than 1 year at current address): City: State: Zip: Years There: ❑ Rent ❑ Own DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 SIGNATURE: x Equity Owned: % Title: Date: Owner/Officer Name: Citizenship: ❑ U.S. ❑ Non-U.S Date of Birth (mm/dd/yyyy): Social Security Number: Home Phone Number: Home Address: City: State: Zip: Years There: ❑ Rent El Own Former Address (If less than 1 year at current address): City: State: Zip: Years There: ❑ Rent ❑ Own SIGNATURE: x Equity Owned: % Title: Date: Owner/Officer Name: Citizenship: ❑ U.S. ❑ Non-U.S Date of Birth (mm/dd/yyyy): Social Security Number: Home Phone Number: Home Address: City: State: Zip: Years There: ❑ Rent ❑ Own Former Address (If less than 1 year at current address): City: State: Zip: Years There: ❑ Rent ❑ Own SIGNATURE: x Equity Owned: % Title: Date: City Council 26 — 46 12/20/2022 CoSA - OpenEdge First Amendment to Card Services Agmt w.Card Signed)(240601.1) Final Audit Report Services Agmt - (Vendor Created: 2022-12-05 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAQeK4nFBb6Ysovv-h cmz6mxR6k2fVHfL 2022-12-05 "CoSA - OpenEdge First Amendment to Card Services Agmt w. Card Services Agmt - (Vendor Signed)(240601.1)" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2022-12-05 - 10:21:38 PM GMT- IP address: 98.153.69.210 € � Document emailed to Kathryn Downs (kdowns@santa-ana.org) for signature 2022-12-05 - 10:22:07 PM GMT s Email viewed by Kathryn Downs (kdowns@santa-ana.org) 2022-12-05 - 10:23:36 PM GMT- IP address: 174.87.135.210 6o Document e-signed by Kathryn Downs (kdowns@santa-ana.org) Signature Date: 2022-12-05 - 10:24:00 PM GMT - Time Source: server- IP address: 174.87.135.210 ® Agreement completed. 2022-12-05 - 10:24:00 PM GMT a AdoQ9(&%AIgn 26 - 47 12/20/2022 Police Department www.santa-ana.org/pd Item # 27 o`'r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Second Amendment to the Agreement with Aramark Correctional Services, LLC AGENDA TITLE: Approve Second Amendment to the Agreement with Aramark Correctional Services, LLC (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the second amendment to the agreement with Aramark Correctional Services, LLC to provide inmate food service and commissary management in an additional amount of $896,152, including a 12.40-percent Consumer Price Index increase adjustment, for a total aggregate amount not to exceed $4,478,718 for the agreement term ending on June 30, 2023, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On October 20, 2020, the City Council approved a three-year agreement with Aramark Correctional Services, LLC ("Aramark") after a competitive Request for Proposal process to provide inmate food service and commissary management at the Santa Ana Jail. Aramark Correctional Services, LLC has been the provider of inmate food services since 1997 and continues to perform these services professionally and competently. All meals are prepared based on the State of California Title 15 nutritional requirements and all Orange County Health Department health and safety requirements. Through this agreement, Aramark also provides catering services for various City functions and operates the inmate commissary program and Code-7 cafeteria located inside the Police Department. The agreement provides annual adjustments to the per -meal price based on the Consumer Price Index (CPI) effective July 1 of each contract year. On December 7, 2021, Council approved the first amendment to this agreement to include a 3.88-percent CPI increase. Due to the unprecedented and unforeseeable current economic circumstances, food industries have experienced substantial increases in supply costs. These conditions have driven the prices of food products well above the CPI cap of the current agreement. Staff calculated the relevant food product weighted CPI at 13.16 percent, and worked with City Council 27 — 1 12/20/2022 Second Amendment to the Agreement with Aramark Correctional Services, LLC December 20, 2022 Page 2 the vendor to arrive at a reasonable and equitable final increase of 12.40 percent. Therefore, staff recommends approving a per -meal price increase of 12.40 percent, from $2.59 to $2.92, for average daily populations above 400. This pricing will apply to meals billed after July 1, 2022 through the remainder of the third year of the agreement. This 12.40-percent per -meal increase will add $173,558 to the third year of the agreement. The agreement established a not -to -exceed amount based on a projected average daily population of 400 persons. However, the Santa Ana Jail has regularly exceeded this number and served significantly more meals than was initially anticipated. Therefore, factoring funds currently remaining within the agreement's terms and a revised projection for average daily population through the remainder of Fiscal Year 2022-23, the Police Department projects that an additional $682,594 and a $40,000 contingency is needed to ensure the availability of funds to purchase inmate meals through June 30, 2023. As a result, the total three-year agreement not -to -exceed amount will increase from $3,582,566 to $4,478,718. The agreement may be terminated without cause by either party upon 120 days' written notice. Aramark has been accommodating, professional and consistent in its provision of services, and staff recommends approval of the agreement amendment. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this amendment are available as follows: Fiscal Accounting Unit Fund Accounting Unit — Amount Year — Account No. Description Account No. Description FY 22-23 01114475-62300 General Jail Operations, Contract $866,552 Fund Services FY 22-23 02314475-62300 Inmate Welfare Inmate Welfare Fund, $ 29,600 Contract Services Fund Total $896,152 The amounts above are estimated projections and are subject to change. EXHIBIT(S) 1. Second Amendment to Agreement City Council 27 — 2 12/20/2022 Second Amendment to the Agreement with Aramark Correctional Services, LLC December 20, 2022 Page 3 Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 27 — 3 12/20/2022 SECOND AMENDMENT TO AGREEMENT WITH ARAMARK FOR INMATE COMMISSARY AND FOOD SERVICES THIS SECOND AMENDMENT to the above -referenced agreement is entered into on this 20th day of December 2022, by and between ARAMARK Correctional Services, LLC, a Delaware Limited Liability Company ("ARAMARK"), 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 an Agreement No. A-2020-204 dated October 20, 2020 ("Agreement"), by which ARAMARK agreed to provide inmate commissary and food services at the Santa Ana Detention Facility. The Agreement runs through June 30, 2023 and is current and in effect. B. On December 7, 2021, the parties amended the Agreement to include additional funding to address an increase in the Consumer Price Index (CPI) and increase the overall contract not- to- exceed amount. C. The parties now seek to further amend the Agreement to include additional funding pursuant to CPI increases to allow continuation of food services at the Santa Ana Detention Jail pursuant to Consumer Price Index (CPI) increases negotiated upon by the Parties, and to account for an average daily population in excess of the original projections of the agreement. The Parties therefore agree: 1. Section 2, Compensation — A. Food Service — subsection i, is amended to increase the overall compensation by $896,151.31, comprised of $173,557.81 for the negotiated 2022 CPI increase, $682,593.50 in inmate meal costs and $40,000 in contingency. The total not to exceed amount of the Agreement is $4,478,717.31. Compensation shall cover services provided by Aramark since July 1, 2022. 2. Pursuant to Section 2, Compensation — A. Food Service — subsection iii, the parties agree to the following rate increases for the City: City of Santa Ana, California Effective July 1, 2022 until June 30, 2023 Average Daily Population Price 1 99 $6.9473 100 199 $5.7797 200 299 $4.6121 City Council 27 — 4 12/20/ f of 2 300 399 $3.0802 400 Above $2.9202 3. Except as modified by this Second Amendment, all other terms and conditions of the Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO Cit Ittto�rney By: W` TAMARA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL DAVID VALENTIN Chief of Police CITY OF SANTA ANA KRISTINE RIDGE City Manager ARAMARK Stephen Yarsi Vice President, Finance City Council 27 — 5 12/20/ f of2 Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Amendment to Agreement with Stage Plus, Inc. for Stage Rental Services AGENDA TITLE: Amendment to Agreement with Stage Plus, Inc. for Stage Rental Services to Increase the Annual Not to Exceed Amount by $92,000 per Year through March 31, 2025, for a Total Annual Agreement Amount of $250,000 and $750,000 (Various Funds) for the Term of the Agreement RECOMMENDED ACTION Authorize the City Manager to execute an agreement amendment with Stage Plus, Inc. for stage rental services at City events to increase the annual amount by $92,000 per year for an annual amount not to exceed $250,000 through March 31, 2025 and new total agreement amount of $750,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On April 5, 2022, the City of Santa Ana awarded an agreement to Stage Plus, Inc. for event staging services at City events. The award was made through a request for proposal process where Stage Plus, Inc was selected. The number of City events originally planned when the request for proposal was issued has since increased and the City is looking to increase the annual amount by $92,000 for a total annual amount of $250,000 and new total agreement amount of $750,000 for the period through March 31, 2025 to accommodate the additional events that the Parks, Recreation and Community Services Agency will undertake. As part of the amendment, the Public Works Agency expects to engage Stage Plus for the City's Public Works Agency community events in recognition of National Public Works Week and other future Public Works community events requiring complete sound system and stage set-up. Of the $92,000 amendment, $20,000 will be allocated to the Public Works Agency. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. City Council 28 — 1 12/20/2022 Agreement with Stage Plus, Inc. for Stage Rental Service December 20, 2022 Page 2 FISCAL IMPACT Funds are budgeted and available in the following accounts for the specified year: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount FY 22-23 01113230-62300 General PRCSA-Recreation and $72,000 Fund Community Services -Contractual Services Professional FY 22-23 10117601-62300 Internal Public Works-Admin Services- $20,000 Service Contractual Services Fund Professional Funds will be budgeted and made available in the following accounts for the specified years: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 23-24 01113230- General PRCSA-Recreation and $72,000 62300 Fund Community Services - Contractual Services Professional FY 23-24 10117601- Internal Public Works-Admin $20,000 62300 Service Services- Contractual Fund Services Professional FY 24-25 01113230- General PRCSA-Recreation and $72,000 62300 Fund Community Services - Contractual Services Professional FY 24-25 10117601-62300 Internal Public Works-Admin Services- $20,000 Service Fund Contractual Services Professional EXHIBIT(S) 1. Agreement Submitted By: Hawk Scott, PRCSA Executive Director Approved By: Kristine Ridge, City Manager City Council 28 — 2 12/20/2022 FIRST AMENDMENT TO AGREEMENT WITH STAGE PLUS, INC„ TO PROVIDE STAGE RENTAL SERVICES TO THE CITY OF SANTA ANA - THIS FIRST AMENDMENT to the above -referenced agreement is entered into December 20, 2022, by and between Stage Plus, Inc., a California corporation. ("Contractor"), and. the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2022-048 ("Agreement") dated April 5, 2022, to retain Contractor to provide stage rental services for various large-scale events for the City's Parks, Recreation, and Community Services Agency, B. The Agreement is current and in -effect through March 31, 2025, C. The parties now wish to amend the Agreement to increase the compensation of the Agreement to accommodate additional City events for which Contractor's services are required. The Parties therefore agree: 1. Section 2(a), Compensation, is hereby amended to increase the total annual sum to be expended under the term of the Agreement, including any extension periods, by $92,000 for a total annual amount not to exceed $250,000. The new total Agreement not to exceed amount shall be $750,000, 2. 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 Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:— Brand`on Salvatierra Deputy City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager STAGE PLUS, INC. Name: Miqj Pel 1f111qA-7 Title:�,� [signatures continued on next page] Page I. of 2 City Council 28 — 3 12/20/2022 RECOMMENDED FOR APPROVAL Hawk Scott Executive Director Parks, Recreation, and Community Services Agency Page 2 of 2 City Council 28 — 4 12/20/2022 Planning and Building Agency www.santa-ana.org/departments/planning-and-building/ Item # 29 moor City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Authorization to file and prosecute receivership petitions and nuisance abatement actions against owners of real properties located in the City of Santa Ana. AGENDA TITLE: The Planning and Building Agency/Code Enforcement and City Attorney's Office are Seeking Authorization to File Receivership Petitions and Prosecute Nuisance Abatement Actions against Owners of Real Properties Located in the City of Santa Ana RECOMMENDED ACTION Authorize the filing and prosecution of receivership petitions against owners of the following properties based on nuisance conditions resulting from health and safety violations of the Santa Ana Municipal Code (SAMC): • 2405 S Maple Street, Santa Ana, CA 92707 • 1615 N Broadway, Santa Ana, CA 92706 • 1001 Freeman Street, Santa Ana, CA 92703 • 1502 N Flower Street, Santa Ana, CA 92706 • 1516 N Flower Street, Santa Ana, CA 92706 • 1522 N Flower Street, Santa Ana, CA 92706 • 1114 W Berkeley Street, Santa Ana, CA 92707 • 1027 N Logan Street, Santa Ana, CA 92701 • 1655-1659 E First Street, Santa Ana, CA 92701 DISCUSSION The City of Santa Ana ("City") has successfully resolved numerous difficult code enforcement matters through the use of civil litigation. Specifically, the City has brought receivership actions pursuant to the California Health and Safety Code and nuisance abatement actions pursuant to the California Code of Civil Procedure and the California Civil Code. City Council 29 — 1 12/20/2022 Authorization to File and Prosecute Receivership Actions Against Owners of Real Properties Located in the City of Santa Ana December 20, 2022 Page 2 Health and Safety Code Receiverships California Health and Safety Code section 17980.7 allows a city to seek the appointment of a receiver over a substandard property that has been previously cited for violations that go unabated that pose health and safety risks. Use of the Receivership process is one of the last code enforcement options used to mitigate substandard conditions of a property. Properties evaluated for the receivership process have nuisance conditions that are extensive and of such a nature, that the health and safety of the residents and the public are substantially endangered; and are maintained in violation of the SAMC and state Health and Safety codes. More importantly, the property owner/s have not complied and have ignored the City's order to abate the substandard and dangerous conditions. The powers granted to a receiver are broad. The receiver may: (1) take full and complete control of the property; (2) manage the property and pay expenses of the operation of the property; (3) secure a cost estimate and construction plan from a licensed contractor for the repairs necessary to correct the substandard conditions; (4) enter into contracts and employ a licensed contractor as necessary to correct substandard conditions; (5) borrow funds to pay for repairs necessary to correct substandard conditions; and (6) secure debt, with Court approval, with a recorded first lien on the property, first in priority to all other liens. The use of the receivership option is a dramatic, immediate and comprehensive process that eliminates slum conditions or habitually substandard properties at no expense to the referring agency when it is the prevailing party. This process also communicates to the public that the City is actively protecting resident and tenants from dangerous conditions created by absentee and recalcitrant property owners. Civil Nuisance Abatement Lawsuit In order to protect its residents, the City may abate a public nuisance by filing a civil nuisance action for violations of the Santa Ana Municipal Code and/or conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or injurious to the health, safety or welfare of the general public in such ways as to be a nuisance, (California Code of Civil Procedure sections 731; California Civil Code sections 34 79 and 3480.). Civil Code section 3480 further explains, "A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal." Through the civil nuisance abatement procedure, the City may seek temporary and permanent injunctions to prevent the property from continuing to operate or exist as a public nuisance. If the City prevails, it may seek recovery of attorney's fees and costs. City Council 29 — 2 12/20/2022 Authorization to File and Prosecute Receivership Actions Against Owners of Real Properties Located in the City of Santa Ana December 20, 2022 Page 3 The Code Enforcement Division has identified the listed properties as candidates for receivership actions based on the severity of violations or length of non-compliance. Photos of the listed properties and enforcement history are attached in Exhibit 1. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action EXHIBIT(S) 1. Photos of listed properties and enforcement history Submitted By: Minh Thai, Executive Director — Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 29 — 3 12/20/2022 01�1 HGI {4JNty sEA1 0! GO yl EN.fN1 •:"I•,� IT 1XF G0�6lN CITY FOVNDlD �164 PUBLIC NUISANCE ABATEMENT AND RECEIVERSHIP PROPERTIES FACT S H E ET Planning and Building Agency/Code Enforcement Division City Attorneys Office Date: December 20, 2022 City Council 29 — 4 12/20/2022 Receivership Recommendation 2405 S. Maple St. (Residential) Owner: Carl A. Hallgren (Incarcerated) Trustee of the Trust of Carl A. Hallgren Statement of Conditions: Substandard and Hazardous Safety Conditions Violations: Vacant, unsecured and dangerous structure. The garage is fire damaged, severely dilapidated and deteriorated. The rear structures is plagued with graffiti which has created a public nuisance for nearby neighbors. An unpermitted room was built on the north side of the garage illegally without city approvals. Excessive accumulation of trash and debris, signs of illegal dumping has created severe rodent infestation. Note: -Ryp@ 'Ph ils secured but abandoned. The property Qnehas not been responsive and/or is unavailable to addresl � P?R violations. Receivership Recommendation 1615 N. Broadway (Commercial) Owner: Loan Rate Corporation Statement of Conditions: Substandard Hazardous and Safety Conditions Violations: Historic property with severe dilapidation to the roof, water intrusion to the interior of the building, damage to plaster and drywall of walls and ceilings. Electrical outlets throughout the home are damaged with exposed wires creating a dangerous and life safety condition. Broken and boarded -up windows limiting and preventing emergency egress. Santa Ana PD has received over 70 calls for service since 2019 ranging from battery, disturbing the peace, mentally disturbed subject, to assault with a deadly weapon. Note: On been issu it�h°e property owner. fines have Receivership Recommendation 1001 N. Freeman St. (Residential) Owner(s): Mary Alcala Mitchell & Michael N. Mitchell Statement of Conditions: Substandard Hazardous and Safety Conditions Violations: Severely deteriorated roof covering, overgrown trees and shrubs in the front and rear yard, peeling paint on exterior surfaces of the house and garage, inoperative vehicles parked on the driveway and accumulation of dead organic matter & debris in the rear yard causing rodent infestation. These conditions constitute fire, health and safety hazards creating a public nuisance. Note: Repeated calls for Code Enforcement action with property owner completing minimal and/or not action to address the property maintenance and substandard condition of the dwelling. Most recently $2,800 in fines have been issued to the property owner in an attempt to aiompliance. City Council 29 — 7 12/20/2022 Receivership Recommendation 1502 N. Flower (Residential) Owner: Mary Alcala Mitchell and Michael Mitchell Statement of Conditions: Substandard Health and Safety Conditions. Violations: This Historic G.W. Ross house residential dwelling currently has several broken and boarded up windows, preventing fire escape egress, peeling paint throughout the exterior of the property, dilapidated perimeter fence, unpermitted porch storage and lack of landscape maintenance. a %Co ncil - ss t`We property maintenance and substandard29— condition8 of the dwelling. 12/20/2022 Receivership Recommendation 1516 N. Flower St. (Residential) r 1 � Owner(s): Mary Alcala Mitchell & Michael N. Mitchell Statement of Conditions: Substandard Health and Safety Conditions Violations: Severely deteriorated roof, areas of roof covered with tarps, peeling paint on exterior wood surfaces, lack of landscaping and vehicles parked on the front yard. Note: Repeated calls for Code Enforcement action with property owner completing minimal and/or not action to address the property maintenance and substandard condition of the dwelling. Most recently$2,800 in fines have been issued to the property owner in an attempt to gain compliance. City Council 29 — 9 12/20/2022 Receivership Recommendation 1522 N. Flower St. (Residential) •,e Owner(s): Mary Alcala Mitchell & Michael N. Mitchell Statement of Conditions: Health and Safety Code Violations. Violations: Severely deteriorated roof with some areas covered with tarps, peeling paint on exterior wood surfaces, lack of landscaping and vehicles parked on the front yard. Note: Repeated calls for Code Enforcement action with property owner completing minimal and/or not action to address the property maintenance and substandard condition of the dwelling. Most recently $2,800 in fines have been issued to the property owner in an attempt to gain compliance. City Council 29 — 10 12/20/2022 Receivership Recommendation 1114 W. Berkeley (Residential) 0 111411222ooE Owner: Saul V. Amaro Mary L. Amaro Statement of Conditions: Substandard Health and Safety Conditions. Violations: Property owner/s noted on grant deeds are deceased and property is occupied by a relative living. The dwelling has excessive amount of junk, filth, cobwebs, stains, dust, trash, and debris throughout the interior and exterior of the dwelling. This includes all hallways, floors, ceilings, bedrooms, bathrooms, bedrooms and garage. There is illegal and unapproved construction on site without permits(lllegal patio). Notese Tenant living in a hnarrdin2 tvnP of PnvirnnmPnt unfit for human nccunancv, lack of heat anrd k in lark of compfi'Ace°Un�'range County Adult Protective Services were contacted and have been at the proper y2wi��i2�ode Enforcement. Receivership Recommendation 1027 N. Logan (M2 District) 01 Owner: Landware LLC (Agent of Service Judith Helaine Ware) Statement of Conditions: Land Use and Zoning Violations Violations: The property is adjacent to residential homes. The property is being used as a storage yard containing big rigs trailers, metal storage containers, off- site parking, stores automobiles and recycle roll -off containers. The property does not comply with current municipal code requirements associated with a lack of business license, unpermitted fence, land use operational parameters and landscape requirements. Notes Qn-going concern for I ogan NP*ghhorhond residents with property owner not responsive to compIV with City munic pta� coNen.1roperty owner has been issued over �54,hO.00 in fines which have not been paid and have een 022 forwarded to outside collection agency by the Finance Agency. Receivership Recommendation 1655-1659 E. First St. (Commercial) Owner(s):1661 First Street Inc. Statement of Conditions: Occupancy and Substandard Health and Safety, Land Use and Zoning Violations Violations: Two structures -- severe dilapidation and compromised stairways, walkways, decks, walls and roof. Water damaged and dilapidated siding, trim, fascia boards, porches and balconies. Lack of permits for substandard repairs done to stairways and walkways. Prohibited use of a transient hotel. Lack of landscaping. Unsanitary conditions, trash and debris. Homeless loitering and drug use on the property. Notes- nn-anina CnrdP FnfnrrPmPnt artinn anrd PnlirP rallg fnr gPrvirP rPaw ding lark of nrnnPrty maintPnanrPgP�/PrPIT dilapidated stairs, 0r mitted work and numerous police calls for narclRic activity, disturbance, transients and battery. 12i2oi2o22 Finance and Management Services www.santa-ana.org/finance Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Home Occupation Permit Fee Resolution AGENDA TITLE: Adopt a Resolution Approving a Reduced Home Occupation Permit Fee for Home -Based Businesses/Home Occupations Operating from Residential Premises within the City RECOMMENDED ACTION Adopt a resolution approving a reduced Home Occupation Permit Fee for businesses operating from residential premises within the city, lowering the permit fee from $320.00 per permit to $50.32 per permit. DISCUSSION Section 41-192.3 of the Santa Ana Municipal Code requires that every business operating from residential premises within the City secure a Home Occupation Permit ("HOP") and comply with all applicable provisions of the City's Municipal Code relating to home -based businesses/home occupations. Since the original establishment of a HOP in 1982, home - based businesses and the gig economy have grown significantly, especially in recent years. Over the passage of time, the fee charged for a HOP has increased in tandem with the Certificate of Occupancy fee. Historically, the City of Santa Ana (when compared to neighboring municipalities in the County), has had considerably higher Certificate of Occupancy and Home Occupation Permit fees. For FY 2022-23 and in time for the adoption of the Miscellaneous Fee Schedule, the Planning & Building Agency ("PBA") with City Council approval, restructured the Certificate of Occupancy ("COO") fee for new businesses operating from commercial premises within the City from a single charge per Certificate of Occupancy to a two-tier system. The Tier 1 cost of a Certificate of Occupancy for businesses occupying less than 5,000 square feet of commercial area is $134.24 per certificate issued (including planning and inspection), and the Tier 2 cost for all other commercial occupancies (including planning and inspection) remained at $499.36 per certificate. The approved restructuring of the COO fee prompted Staff to evaluate the current work effort in the HOP process and look for opportunities to streamline and cost savings similar to the recent review of COO process. The City's new cost to issue a Home Occupation Permit, based on a streamlined approach, is $50.32. These efforts to streamline the City Council 30 — 1 12/20/2022 Home Occupation Permit Fee Resolution December 20, 2022 Page 2 process for applicants will bring the fee into better alignment with surrounding cities in Orange County. In addition to restructuring business license tax rates, Measure W contains a Tax Holiday component for unlicensed, past -due, and under -assessed businesses. One of the aims of the Tax Holiday Program is to reach out to the underground economy that exists in the form of home -based businesses. Home -based businesses must apply for and receive an approved HOP before they apply for a Santa Ana Business License. Reducing the HOP fee for Santa Ana home -based businesses is in keeping with the spirit of Measure W, which is namely to make it easier and more affordable for small and home -based businesses to obtain a business license. Therefore, staff recommends approval of the new HOP fee rate of $50.32, a decrease of $269.68 from the current fee rate of $320. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The City currently collects roughly $35,000 per year for Home Occupation Permits. At this time, it is difficult to anticipate the impact to revenue. Through the efforts of the tax holiday, staff expects more home -based businesses to begin complying with the City's Ordinance. Therefore, the overall impact of more home -based businesses paying less may be immaterial. EXHIBIT(S) 1. Resolution 2. Miscellaneous Fee Calculation — Planning and Building Agency — Home Occupation Permit Submitted By: Minh Thai, PBA Executive Director Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 30 — 2 12/20/2022 EXHIBIT 1 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE FEE FOR HOME OCCUPATION PERMITS AUTHORIZED IN ACCORDANCE WITH CHAPTER 41, ARTICLE II, SECTION 41-192.3 OF THE SANTA ANA MUNICIPAL CODE FROM THREE HUNDRED TWENTY ($320.00) DOLLARS TO FIFTY DOLLARS AND THIRTY-TWO CENTS ($50.32) 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. On November 1, 1982, the City Council adopted Ordinance No. NS-1654 establishing a Regulation of Home Occupations scheme setting forth the conditions for conducting home occupation activities from a residentially zoned premises, codified as Section 41-192.2 of the Santa Ana Municipal Code (SAMC). Contemporaneously, the City adopted a requirement for a Home Occupation Permit as may be set by resolution of the City Council, codified as SAMC Section 41-192.3. B. On July 20, 1987, the City Council adopted Ordinance No. NS-1922, which comprehensively revised SAMC Chapter 21 (Business License Tax Code) pertaining to business license taxation of all business conducted within the City, including home based occupations. C. On February 4, 2013, the City Council adopted Ordinance No. NS-2841, modifying the Business License Tax Code, and in part specifically addressing home based business and home based occupations, allowing home based businesses/home occupations to elect alternative methods of business license tax assessment. D. On November 8, 2022, the voters of the City of Santa Ana approved a Voter Ballot Measure (Measure W) restructuring business license tax rates for all businesses conducted within the City, including home based businesses / home based occupations. E. On November 8, 2022, along with the passage of comprehensive business license tax rate restructuring under Measure W, a Tax Holiday was also adopted as part of Measure W. The primary purpose of the Tax Holiday is to afford unlicensed businesses doing business in the City to obtain a current business license without penalty and without regard to any prior arrearage. A substantial number of the unlicensed businesses subject to the Tax Holiday provision of Measure W are home based businesses / home occupations. Resolution No. 2022-XXX Page 1 of 3 City Council 30 — 3 12/20/2022 To legally operate, such home based business are required to obtain a Home Occupation Permit. The fee for the Home Occupation Permit, which was $25.00 in 1982, increased over the intervening years to $320.00. At the same time, the comparable Certificate of Occupancy fee (SAMC Section 8-95) applicable to commercially based businesses, which was $50.00 in 1982, increased over the intervening years to $499.36. F. On June 7, 2022, the City Council approved the miscellaneous fee schedule for fiscal year 2022-23, where the Certificate of Occupancy inspection fee was reduced to $134.24 for business/mercantile occupancies less than 5,000 square feet in area. G. An analogous reduction in the Home Occupation Permit fee, adjusted for (1) home business occupancies not to exceed 400 square feet and (2) not requiring physical inspection of the home residence, would equal $50.32. Section 2. The City Council hereby establishes the Home Occupation Permit fee at fifty dollars and thirty-two cents ($50.32), lowering it from three hundred twenty ($320.00) dollars. The $50.32 fee shall become effective January 1, 2023. Section 3. This Resolution, upon its adoption by the City Council, shall take effect January 1, 2023, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2022. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 4 27� John M. Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Mayor Resolution No. 2022-XXX Page 2 of 3 City Council 30 — 4 12/20/2022 2022 - Ana on Date: CERTIFICATE OF ATTESTATION AND ORIGINALITY , Clerk of the Council, do hereby certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa , 2022. Clerk of the Council City of Santa Ana Resolution No. 2022-XXX Page 3 of 3 City Council 30 — 5 12/20/2022 EXHIBIT 2 City of Santa Ana Miscellaneous Fee Calculation Department Information Department: Planning and Building Agency Miscellaneous Fee Title: Home Occupation Certificate Instructions for Calculating the Fee 1) Consider all Personnel Costs involved in this fee (i.e. salary, insurance, retirement, workers comp, etc.) 2) Add all Miscellaneous Costs involved in the fee (i.e. supplies, rents, contracts), only allocate the revelant portion of each cost related to the fee 3) Input the current/proposed fee that is charged 4) If only partial recovery, please explain Personnel Costs Salary Employee Costs of Employment Current Annual Annual Benefit Dedicated to Total Salary & Job Title Salary Cost Miscellaneous Fee Benefit Cost Activity $ $ $ Hourly Employee Costs Hours of Hourly Benefit Employment Total Wage & Job Title Hourly Rate Dedicated to Cost Miscellaneous Fee Benefit Cost Activity Receptionist 22.28 13.28 0.10 $ 3.56 Senior Planner 62.36 14.52 0.50 $ 38.44 Senior Office Assistant 24.68 8.60 0.25 $ 8.32 $ $ Miscellaneous Costs Office Supplies $ Rent $ Utilities $ Contracts $ Fleet Charges $ Tools $ Equipment $ Other (Specify) $ Total Miscellaneous Costs $ Expense Calculation Total Expenses $ 50.32 Current/Proposed Fee $ 50.32 Full Cost Recovery (Partial Cost Recovery) $ (50.32) Please explain if not full cost recovery... 022 City Counal RIZwe Human Resources _ www.santa-ana.org/departments/human-resources/ Item # 31 r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Minimum Wage Rate Increase and Changes to the City's Classification and Compensation Plan AGENDA TITLE: Adopt a Resolution Amending the City's Basic Classification and Compensation Plan in Response to the State's Increased Minimum Wage Rate RECOMMENDED ACTION Adopt a resolution amending and reestablishing the City's Basic Classification and Compensation Plan to ensure the City complies with the new California minimum wage rate. DISCUSSION Per California Labor Code section 1182.12(c)(3)(A), the State of California is increasing the minimum wage rate to $15.50 per hour effective January 1, 2023 for all employers. This resolution amends the City's Basic Classification and Compensation Plan to increase the compensation for affected classifications to at least $15.50 per hour, thereby, ensuring compliance with this new minimum wage rate requirement. ENVIRONMENTAL IMPACT The consideration and approval of the proposed resolution does not constitute a project under the California Environmental Quality Act. FISCAL IMPACT Funds are available in the affected department salary accounts. EXHIBIT(S) 1. Resolution to amend the City's Basic Classification and Compensation Plan Submitted By: Jason Motsick, Executive Director of Human Resources Approved By: Kristine Ridge, City Manager City Council 31 —1 12/20/2022 RESOLUTION NO. 2022-XXX 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 of the City of Santa Ana hereby finds, determines, and declares as follows: A. Section 1004 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. 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. C. On June 16, 2015, the City Council adopted Resolution No. 2015-026 amending and reestablishing the Basic Classification and Compensation Plan for all full-time and part-time classifications of officers and employees of the City of Santa Ana. D. The City Council has amended and reestablished the Basic Classification and Compensation Plan on numerous occasions since its adoption. E. The State of California increased the minimum wage rate to $15.50 per hour effective January 1, 2023; to comply with this legislative increase, pay rates assigned to certain job classifications need to be adjusted accordingly. F. It is now desired to amend Resolution No. 2015-026, as amended, in order to effect these changes, as shown below. Section 2. The Santa Ana City Council amends Resolution No. 2015-026, as amended, and its corresponding exhibits, based on the salary rate ranges effective July 1, 2021, as follows: Changing the compensation of the following classifications as indicated: City Council 31 — 2 - of 3 f 3 From To From To From To From To From To From To G Park Maintenance Aide 483 Hourly $12.70 $16.21 G Park Maintenance Aide 534 Hourly $16.29 $20.79 I Human Resources Clerical Aide - Hourly $15.40 $18.69 I Human Resources Clerical Aide - Hourly $15.50 $18.84 I Law Clerk - Hourly $15.10 $18.35 I Law Clerk - Hourly $15.50 $18.84 I Police Cadet - Hourly $15.10 $18.35 I Police Cadet - Hourly $15.50 $18.84 I Student Intern - Hourly $15.00 $15.75 I Student Intern - Hourly $15.50 $16.28 Section 3. All classification pay ranges are set forth in the City's "Salary Schedule" as periodically updated. Section 4. Except as amended by this Resolution, all other provisions of Resolution No. 2015-026, as amended, shall remain in full force and effect. Section 5. This Resolution shall be operative from and after January 1, 2023. ADOPTED this 20th day of December, 2022. Mayor City Council 31 — 3"ul- XX of 3 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: _ John M. Funk Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- to be the original Resolution adopted by the City Council of the City of Santa Ana on December 20, 2022. Date: Clerk of the Council City of Santa Ana City Council 31 — 4 - of 3 f 3 Public Works Agency https://www.santa-ana.org/pw Item # 32 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Resolution for Proposition 1 Integrated Regional Water Management Grant Projects AGENDA TITLE Adopt a Resolution adopting the One Water One Watershed Plan Update 2018 and authorizing the submittal of grant applications for the New Washington Well Project and the Santa Ana Zoo Stormwater Capture and Diversion Project (Non -General Fund) RECOMMENDED ACTION Adopt a Resolution adopting the One Water One Watershed Plan Update 2018, the Integrated Regional Water Management (IRWM) Plan for the Santa Ana River Watershed, and authorizing the Santa Ana Watershed Project Authority to submit Proposition 1 IRWM grant applications on behalf of the City of Santa Ana for the New Washington Well Project and the Santa Ana Zoo Stormwater Capture and Diversion Project. DISCUSSION In November 2014, California voters passed Proposition 1, the Water Quality, Supply, and Infrastructure Improvement Act of 2014. Proposition 1 authorized $7.545 billion in general obligation bonds to fund, in part, water resource projects identified as regional priorities through local IRWM Plans. City staff submitted two successful applications for funding from Round 2 of the Proposition 1 IRWM funding program. Washington Well Project The majority of the City of Santa Ana's potable water comes from the Orange County Groundwater Basin (OC Basin) and is pumped through 21 existing City wells. Due to a variety of issues, including the presence of per- and polyfluoroalkyl substances (PFAS) found in routine well monitoring, several wells in the City have been taken offline. Given the limited water supplies in the region, and recent recurring drought conditions, removing wells from the City's potable water distribution system will reduce its reliability. Rehabilitating existing wells or constructing new wells will reduce the burden on other City water production facilities and the reliance on imported water sources. The Water Resources Division is currently finalizing the design of the Washington Well Project, which will construct a new well that will address low-pressure deficiencies in the City Council 32 — 1 12/20/2022 Adopt Resolution for Prop 1 IRWM Grants December 20, 2022 Page 2 distribution system, and will add approximately 4,000 acre-feet per year to the City's pumping capacity. The current Proposition 1, Round 2 IRWM grant funding will provide up to $3,394,743 in grant funds for the construction of the well. The City has already received grant funding in the amount of $100,000 from the Santa Ana Watershed Project Authority for the design of the project, and $750,000 from the United States Department of Interior Bureau of Reclamation for construction. The total estimated cost of the project is $7,387,555. Santa Ana Zoo Stormwater Capture and Diversion Project The Santa Ana Zoo Stormwater Capture and Diversion (SAZSCAD) Project features the construction of subsurface stormwater infiltration systems at the Santa Ana Zoo. The project is designed to capture and infiltrate approximately 67 acre-feet per year (AFY) of stormwater and dry -weather runoff to help improve water quality in the Newport Bay watershed, increase local water supplies, and reduce flooding downstream. The project will also include a new urban green space, bioswales, pervious pavement, seating, drought tolerant landscaping and shade trees, and interpretive signage promoting watershed and water quality education to Zoo visitors. The Public Works Agency has collaborated with Santa Ana Zoo staff on the project and Caltrans is contributing $1,250,000 as a project partner. The project has received letters of support from the Regional Water Board, Orange County Water District, and a local environmental non- profit organization. The Project is currently in the preliminary design phase. The final design phase will start after award of the Grant Agreement and amendment to the City's Capital Improvement Program. The total cost of the project is estimated to be $5,000,000. Adoption of the resolution (Exhibit 1) will adopt the One Water One Watershed (OWOW) Plan Update 2018, which is required as a condition of all local project sponsors to receive grant funding. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Staff will return to Council with a request for approval of further actions, such as appropriation adjustments and CIP amendments, and will indicate the fiscal impact of any such actions and associated expenditures at that time. The New Washington Well Project does not require a local match. The SAZSCAD Project requires a local match of 50% for the overall project portfolio, which will be finalized during project design. Sufficient funds will be budgeted for the required local match using a combination of state or local grants, and City funds. EXHIBIT(S) 1. Resolution Adopting OWOW Plan Update 2018 City Council 32 — 2 12/20/2022 Adopt Resolution for Prop 1 IRWM Grants December 20, 2022 Page 3 Submitted By: Nabil Saba, P. E., Executive Director - Public Works Agency Approved By: Kristine Ridge, City Manager City Council 32 — 3 12/20/2022 EXHIBIT 1 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE ONE WATER ONE WATERSHED PLAN UPDATE 2018, THE INTEGRATED REGIONAL WATER MANAGEMENT PLAN FOR THE SANTA ANA RIVER WATERSHED, AND AUTHORIZING THE SANTA ANA WATERSHED PROJECT AUTHORITY TO SUBMIT PROPOSITION 1 IRWM GRANT APPLICATIONS ON BEHALF OF THE CITY OF SANTA ANA FOR THE NEW WASHINGTON WELL PROJECT AND THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT WHEREAS, on February 19, 2019, the Santa Ana Watershed Project Authority (SAWPA) Board of Commissioners adopted the One Water One Watershed (OWOW) Plan Update 2018, the Integrated Regional Water Management Plan for the Santa Ana River Watershed, as a planning document outlining a sustainable water future for the Santa Ana River Watershed; and WHEREAS, on September 22, 2022, the SAWPA Board of Commissioners have considered projects for funding under SAWPA's Round Two funding allocation of Water Quality, Supply and Infrastructure Improvement Act of 2014 (Proposition 1), in which the City of Santa Ana is a participant for the New Washington Well Project and the Santa Ana Zoo Stormwater Capture and Diversion Project; and WHEREAS, as a condition of the grant funding that the City of Santa Ana is a recipient to, the Department of Water Resources and SAWPA require that all local project sponsors also adopt the OWOW Plan Update 2018; and WHEREAS, the Santa Ana Watershed Project Authority (SAWPA) administers Proposition 1 IRWM grant funding for the sole IRWM Region recognized by DWR for the Santa Ana River Watershed Funding Area, which includes North and Central Orange County; and WHEREAS, the City of Santa Ana is a project proponent on the New Washington Well Project and Santa Ana Zoo Stormwater Capture and Diversion Project, both of which have been recommended for Proposition 1 IRWM grant funding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana hereby acknowledges the OWOW Plan Update 2018 and, as a required condition of receiving grant funding under the Plan, adopts the OWOW Plan Update 2018. Resolution No. 2022-XXX City Council 32 — 4 12/2 /2K� of 3 Section 2. SAWPA is hereby authorized to submit Proposition 1 IRWM grant applications on behalf of the City of Santa Ana for the New Washington Well Project and the Santa Ana Zoo Stormwater Capture and Diversion Project. Section 3. The City Council authorizes the City Manager, or the Executive Director of the Public Works Agency, or their respective designees, to conduct all negotiations, execute and submit all documents, as well as applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the projects named above. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of )2022. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: _ ;� ndon Salvatierra Deputy City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Mayor Resolution No. 2022-XXX City Council 32 — 5 12/2 /20 of 3 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-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. 2022-XXX City Council 32 — 6 12/2 /2Kof 3 Public Works Agency https://www.santa-ana.org/pw Item # 33 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Grant Applications for the Fiscal Year 2023-2024 Measure M2 Comprehensive Transportation Program AGENDA TITLE Adopt Resolution Authorizing Grant Applications for the Fiscal Year 2023-2024 Measure M2 Comprehensive Transportation Funding Program (Non -General Fund) RECOMMENDED ACTION 1. Adopt Resolution Authorizing the City of Santa Ana to submit applications for funding consideration under the Measure M2 Comprehensive Transportation Funding Program 2023 Call for Projects. 2. Direct staff to incorporate approved Comprehensive Transportation Funding Program projects into the Seven -Year Capital Improvement Program for Fiscal Year 2023-24. DISCUSSION The Orange County Transportation Authority (OCTA) issued a call for projects under the Measure M2 Comprehensive Transportation Funding Program (CTFP) Fiscal Year (FY) 2023-24 (Exhibit 1). Approximately $45 million will be available for award on a countywide, competitive basis via the Regional Capacity Program (Project O) for Arterial Capacity Enhancements (ACE), Intersection Capacity Enhancements (ICE), and the Regional Traffic Signal Synchronization Program (Project P). The CTFP is the mechanism by which OCTA administers competitive funding for streets and roads projects. The City will be submitting applications totaling $30,807,748 in grant funding requests, which requires a local match commitment of 25 percent for both ACE and ICE programs. If awarded, existing and future local funding sources, including but not limited to Transportation System Improvement Area funds (TSIA), Gas Tax funds, and Measure M2 Fairshare funds, will be used to provide the required matching funds for the recommended projects to be budgeted in FY 2023-24 Capital Improvement Program (CIP). City Council 33 — 1 12/20/2022 Resolution — FY 2023-24 Measure M2 CTFP Grant Applications December 20, 2022 Page 2 Staff is requesting authorization to cancel previous construction funding that is no longer sufficient for project delivery, and re -apply for grant funding based on updated cost estimates for the following projects: RECOMMENDED PROJECTS CTFP PHASE GRANT FY TYPE REQUEST Bristol St. Improvements from Civic ACE Construction $5,444,992 23-24 Center Dr. to Washington Ave. Bristol St. Improvements from Warner ACE Construction $12,227,342 23-24 Ave. to St. Andrew PI. Warner Ave. Improvements from Oak ACE Construction $11,711,674 23-24 St. to Grand Ave. Bristol St. and Memory Lane ICE Construction $1,423,740 23-24 Intersection Improvements Given the need for the street improvements and the project eligibility requirements defined by OCTA, staff recommends that the City Council adopt the Resolution authorizing submittal of the CTFP application for funding consideration, as well as direct staff to incorporate approved projects into the FY 2023-24 Seven -Year CIP. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action at this time. The City will recognize grant award revenue inclusive of required City local match through future Council action during the FY 2023-24 CIP budget programing cycle. In the event all four of the recommended projects are awarded in the 2023 CTFP Call for Projects, the table below provides a breakdown of the total potential funding for the identified projects: RECOMMENDED CTFP GRANT CITY MATCH PROJECTS PHASE FUNDS FUNDS* FY (AU #03217663) Bristol St. Improvements from Construction $5,444,992 $2,803,008 23-24 Civic Center Dr. to Washington Ave. Bristol St. Improvements from Construction $12,227,342 $6,568,658 23-24 Warner Ave. to St. Andrew PI. Warner Ave. Improvements from Construction $11,711,675 $3,903,891 23-24 Oak St. to Grand Ave. City Council 33 — 2 12/20/2022 Resolution — FY 2023-24 Measure M2 CTFP Grant Applications December 20, 2022 Page 3 RECOMMENDED CTFP GRANT CITY MATCH PROJECTS PHASE FUNDS FUNDS* FY (AU #03217663) Bristol St. and Memory Lane Construction $1,423,740 $886,161 23-24 Intersection Improvements *The amounts listed above reflect maximum City funds to be committed if awarded full grant allocations. Because the City was previously awarded grant funds (reflected in the Original Award column below), the Public Works Agency is requesting to cancel and reapply for Construction funding based on current costs for project delivery. Therefore, the City will only need to budget for the additional match requirements outstanding from previously authorized award amounts. Updated funding requested is as follows: RECOMMENDED Fund Source Original Funding FY 23/24 PROJECTS Award Request Difference Bristol St. CTFP GRANT $3,273,573 $5,444,992 $2,171,419 Improvements from (AU #03217663) Civic Center Dr. to Washington Ave. CITY MATCH $1,091,191 $2,803,008 $1,711,817 Bristol St. CTFP GRANT $7,501,206 $12,227,342 $4,726,136 Improvements from (AU #03217663) Warner Ave. to St. Andrew PI. CITY MATCH $2,500,402 $6,568,658 $4,068,256 Warner Ave. CTFP GRANT $97076,305 $1177117674 $2,635,369 Improvements from (AU #03217663) Oak St. to Grand Ave. CITY MATCH $37025,435 $37903,891 $878,456 Bristol St. and CTFP GRANT $1,012,500 $1,423,740 $411,240 Memory Lane (AU #03217663) Intersection Improvements CITY MATCH $337,500 $886,161 $548,661 EXHIBIT(S) 1. FY 23-24 CTFP Call for Projects — Project O Resolution Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 33 — 3 12/20/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana desires to implement the transportation improvements listed below. B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M2 "Fair Share" funds. C. The City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways. D. The City of Santa Ana will not use Measure M2 funds to supplant Developer Fees or other commitments. E. The City of Santa Ana will include all projects funded by M2 Net Revenues in its seven-year Capital Improvement Program, as part of the Measure M2 Ordinance eligibility requirements. F. The City of Santa Ana will provide a m i n i m u m o f 2 5% matching funds for the Project O projects as required by the Orange County Comprehensive Transportation Funding Programs Guidelines. G. The Orange County Transportation Authority intends to allocate funds for transportation improvement projects within the incorporated cities and the County. H. The City of Santa Ana authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for Measure M2 funding upon approval from the Orange County Transportation Authority Board of Directors, if necessary. City Council 33 — 4 Re1 0p2V22-xxx Page 1 of 3 Section 2. The City Council of the City of Santa Ana hereby approves the formal submissions of the projects described below to the Orange County Transportation Authority for funding under the OCTA's Comprehensive Transportation Funding Program and requests that the OCTA allocate funds in the amounts specified in the City's submissions. Said funds shall be matched by funds from Santa Ana as required and shall be used as supplemental funding to aid the City in the improvement of the following street(s). "ACE" shall mean Arterial Capacity Enhancement and "ICE" shall mean Intersection Capacity Enhancements. PROJECT PROGRAM FY Bristol St. Improvements from Civic Center Dr. to Washington Ave. ACE 23/24 Bristol St. Improvements from Warner Ave. to St. Andrew PI. ACE 23/24 Warner Ave. Improvements from Oak St. to Grand Ave. ACE 23/24 Bristol St. and Memory Lane Intersection Improvements ICE 23/24 Section 3. The City Council appoints the City Manager, or the Executive Director of the Public Works Agency or his or her designee, as agent for the City of Santa Ana to conduct all negotiations, and execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for allocation of the requested funds to Santa Ana. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2022. Vincente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 691�,! John M. Funk Chief Assistant City Attorney City Council 33 — 5 ReIpP2.7 '�-xxx Ragege 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY Clerk of the Council, do hereby certify the attached Resolution No. 2022- to be the original resolution adopted by the City Council of the City of Santa Ana on , 2022. Date: Clerk of the Council City of Santa Ana City Council 33 — 6 Rel2y120P2 2.7-xxx Rage 3 of 3 Public Works Agency www.santa-ana.org/pw Item # 34 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Adopt OCTA Funding Program Eligibility Requirements AGENDA TITLE Resolution to Adopt and Approve for Submission of the Fiscal Year 2021-22 Measure M2 Year -End Expenditure Report and Adopt the Measure M2 Seven Year CIP RECOMMENDED ACTION 1. Adopt a Resolution approving the Measure M2 Annual Expenditure Report for Fiscal Year 2020-21, and authorize submission of the report to the Orange County Transportation Authority, as required by Measure M2 Funding Eligibility Guidelines. 2. Update the Measure M2 Seven Year CIP for Fiscal Years 2021-2022 through 2027- 2028. DISCUSSION In November 1990, Orange County voters approved Measure M, a 20-year one -half -cent sales tax 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 based on 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. Each year local agencies are required to submit documentation to the Orange County Transportation Authority (OCTA) that includes the End of Year Expenditure Report adopted via Resolution. The Expenditure Report is a detailed financial document submitted by each jurisdiction which is used to track and validate financial activity related to the Renewed Measure M2 and other improvement funds. The report accounts for receipt, interest earned, and use of Measure M2 and other funds while delineating the distribution of actual revenue and expenditures consistent with Maintenance of Effort requirements. Adoption of the Measure M2 Annual Expenditure Report by Resolution City Council 34 — 1 12/20/2022 Resolution to Approve Measure M2 Expenditure Report December 20, 2022 Page 2 (Exhibit 1) is a required reporting element that must be submitted within six months of the jurisdiction's fiscal year end. Approval of the second Recommended Action will update the OCTA Measure M2 7-Year CIP Report (Exhibit 2) to include Measure M funded projects that were awarded during prior funding cycles, but have active project expenditures that are being carried forward for future audit compliance. Staff recommends that the City Council approve both Recommended Actions to continue with the flow of M2 project funding, while maximizing grant compliance under the grant eligibility requirements presented. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Approval of the Recommended Action will maintain the City's eligibility to receive Measure M2 funds annually. Upon renewal of Measure M2 eligibility, the City of Santa Ana is anticipated to receive an estimated $5.76 million in LFS funds and potentially over $30 million in M2 competitive grant funds for Fiscal Year 2022-23. In the past, the City has received an average exceeding $8 million dollars annually from M2 LFS revenue and competitive fund program allocations combined. If the Recommended Actions are not approved, the City will lose Measure M2 LFS revenue, along with the ability to apply for and receive future OCTA Comprehensive Transportation Funding Program competitive grant funds. EXHIBIT(S) 1. Resolution — M2 Year -End Expenditure Report 2. Updated Measure M2 Seven Year CIP Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 34 — 2 12/20/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA 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. Local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds. B. Local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements. C. Local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements. D. The M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project. E. The M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction's fiscal year to be eligible to receive Net Revenues as part of M2. Section 2. The City Council of the City of Santa Ana hereby finds that the FY 2021/22 Measure M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year, and balances at the end of fiscal year. Section 3. The M2 Expenditure Report is hereby adopted by the City of Santa Ana. Section 4. The City of Santa Ana Finance Director is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year 2021/22. Resolution No. 2022-XXX City Council 34 — 3 12/20 Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney John M. Funk Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2022. Vicente Sarmiento Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-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. 2022-XXX Page 0 y Council 34 — 4 12/20/2022 EXHIBIT 2 Orange County Transportation Authority FY 2022/23 - FY 2028/29 Capital Improvement Program TIP ID CP--3033 IMPLEMENTING AGENCY Santa Ana, City of Local Project Number: 12-SNTA-ACE-3599 Project Title Additional Project IDs: 12-SNTA-ACE-3599 Bristol St Widening (Washington Ave to 17th St) Type of Work: Road Widening Project Description Type of Work Description: Road Widening - Add Bristol Street from Washington Avenue to Seventeenth Street would be widened to a total of six lanes 2 lanes to existing roadway in project limits (three lanes in each direction) to be consistent with the City of Santa Ana General Plan Circulation Element and the County of Orange's Master Plan o Limits FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED Washington Ave to 17th St 2023 Other $0 $0 $0 $0 $0 $0 Project Notes Totals: $0 $0 $0 $0 $0 $0 Last Revised: 22-00 - Accepted Total Programmed: $0 Local Project Number: 21-SNTA-ICE-3995 Project Title Additional Project IDs: 21-SNTA-ICE-3995 Bristol St. and Memory Ln. Intersection Improvements Type of Work: Intersection Project Description Type of Work Description: Intersection - Add Widening of the intersection at Bristol Street and Memory Lane. The proposed project would include through lane(s) to intersection adding a southbound through lane by replacement/installation or curbs, gutters, sidewalk, driveway approaches, pavement, landscaping, curb ramps, and a Limits FISCAL TOTAL FUND TYPE ENG ROW CON/IMP O&M TOTAL Bristol St. north of Memory Lane YEAR ESCALATED Project Notes 2023 Intersection Capacity $0 $0 $0 $0 $0 $0 Enhancements (ICE) FY 22-23 CARRY FORWARD FOR ACTIVE PROJECT EXPENDITURES for MEASURE M Sept. 2021 SAR- updated ENG scheduled Totals: $0 $0 $0 $0 $0 $0 completion date and ROW scheduled completion date. Updated CON start and completion dates. SEPT 2021 SAR REVIEW: NO PROJECT AMENDMENT REQUESTED; SCHEDULE UPDATED: CA 09/27/21 REMINDER: Award Deadline is 06/30/22. Last Revised: 22-00 - Accepted Total Programmed: $01 TIP ID CP-11808 IMPLEMENTING AGENCY Santa Ana, City of Local Project Number: 20-SNTA-ACE-3968 Project Title Additional Project IDs: 20-SNTA-ACE-3968 Bristol Street Improvements Phase 3A - Civic Center Drive to Washington Avenue Type of Work: Road Widening Project Description Type of Work Description: Road Widening - Add Bristol Street from Civic Center Dr to Washington Ave would be widened to a total of six lanes (three 2 lanes to existing roadway in project limits lanes in each direction) to be consistent with the City of Santa Ana General Plan Circulation Element and the County of Orange MPAH. Limits FISCAL TOTAL FUND TYPE ENG ROW CON/IMP O&M TOTAL YEAR ESCALATED Civic Center Drive to Washington Avenue Project Notes 2023 Federal $0 $0 $793,760 $0 $793,760 $817,573 CARRY FORWARD FOR ACTIVE PROJECT 2023 Arterial Capacity $0 $0 $3,273,573 $0 $3,273,573 $3,371,780 EXPENDITURES IN FY 22/23 Enhancements (ACE) 2023 Measure M2 Local Fairshare $0 $0 $0 $0 $0 $0 Last Revised: 22-00 - Accepted Totals: $0 $0 $4,067,333 $0 $4,067,333 $4,189,353 Total Programmed: $4,067,333 City Council 34 — 5 12/20/2022 Local Project Number: 20-SNTA-ACE-3969 Project Title Additional Project IDs: 20-SNTA-ACE-3969 Bristol Street Improvements Phase 4 - Warner Avenue to St. Andrew Place Type of Work: Road Widening Project Description Type of Work Description: Road Widening - Add Bristol Street from Warner Ave to St. Andrew PI would be widened to a total of six lanes (three lanes in 2 lanes to existing roadway in project limits each direction) to be consistent with the City of Santa Ana General Plan Circulation Element and the County of Orange MPAH. Limits FISCAL TOTAL FUND TYPE ENG ROW CON/IMP O&M TOTAL Warner Avenue to St. Andrew Place YEAR ESCALATED Project Notes 2023 Federal $0 $0 $1,508,045 $0 $1,508,045 $1,553,286 CARRY FORWARD FOR ACTIVE PROJECT 2023 Measure M2 Local Fairshare $0 $0 $0 $0 $0 $0 EXPENDITURES IN FY 22/23 2023 Arterial Capacity $0 $0 $7,501,206 $0 $7,501,206 $7,726,242 Enhancements (ACE) Totals: $0 $0 $9,009,251 $0 $9,009,251 $9,279,528 Last Revised- ??-no - Accepted Total Programmed: $9,009,251 Local Project Number: 20-SNTA-ACE-3968 Project Title Additional Project IDs: Bristol Street Improvements and Widening: Phase 3A - Civic Center to Washington Type of Work: Road Widening Project Description Type of Work Description: Road Widening - Add The project will incorporate complete street concepts with storm drain quality features. The 2 lanes to existing roadway in project limits improvements include widening of the street from four lanes to six lanes, with bus turnouts, raised median, bike lanes, and sound walls. Limits FISCAL TOTAL FUND TYPE ENG ROW CON/IMP O&M TOTAL Civic Center to Washington YEAR ESCALATED Project Notes 2023 Measure M2 Local $0 $0 $0 $0 $0 $0 Fairshare CARRY FORWARD FOR ACTIVE PROJECT EXPENDITURES IN FY 22/23 Last Revised: 22-00 - Accepted Totals: $0 $0 $0 $0 $0 $0 Total Programmed: $0 TIP— IMPI FnnFNTING AGENCY Santa Ara City of Local Project Number: 14-SNTA-ACE-3725 Project Title Additional Project IDs: 20-SNTA-ACE-3969 Bristol Street Improvements: Phase 4 - Warner to St. Andrew Type of Work: Road Widening Project Description Type of Work Description: Road Widening -Add The Bristol Street Improvements project was planned and designed to incorporate complete street 2 lanes to existing roadway in project limits concepts with storm drain quality features. The improvements include widening from 4 to 6 lanes, with bus turnouts, raised median, bike lanes, and sound w Limits FISCAL TOTAL FUND TYPE ENG ROW CON/IMP O&M TOTAL Bristol Street from Warner Avenue to St. Andrew YEAR ESCALATED Street 2023 Measure M2 Local $0 $0 $0 $0 $0 $0 Project Notes Fairshare CARRY FORWARD FOR ACTIVE PROJECT EXPENDITURES IN FY 22/23 Totals: $0 $0 $0 $0 $0 $0 Last Revised: 22-00 - Accepted Total Programmed: $0 �35 Local Project Number: N/A Project Title Additional Project IDs: Citywide Speed Limit Study Type of Work: Transportation Planning Project Description Type of Work Description: Transportation This project will provide for the hiring of a traffic engineering consultant to conduct an engineering and Planning - Engineering traffic survey to update speed limits Citywide in accordance with state law requirements. Project scope includes installation of new signs as Limits FISCAL TOTAL FUND TYPE ENG ROW CON/IMP O&M TOTAL Citywide YEAR ESCALATED Project Notes 2023 Measure M2 Local $0 $0 $0 $0 $0 $0 Fairshare CARRY FORWARD FOR ACTIVE PROJECT EXPENDITURES IN FY 22/23 Totals: $0 $0 $0 $0 $0 $0 Last Revised: 2CIty COUIICI1 34 - 6 1 2/20/19xogrammed: $0 Local Project Number: Additional Project IDs: Type of Work: Other Type of Work Description: Other - Other Limits La Habra Boulevard in City of La Habra to Interstate 405 in City of Fountain Valley Project Notes FY 22-23 CIP Project Title Euclid Street Corridor Traffic Signal Synchronization Project Description To provide inter -agency traffic signal coordination and infrastructure upgrades on Euclid Street from La Habra Boulevard in City of La Habra through the Cities of La Habra, Fullerton, Anaheim, Garden Grove, Santa Ana and Fountain Valley to Interstate FISCAL TOTAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL ESCALATED 2023 Measure M2 Local $10,000 $0 $110,000 $0 $120,000 $123,300 Fairshare Totals: $10,000 $0 $110,000 $0 $120,000 $123,300 City Council 34 — 7 12/20/2022 Public Works Agency www.santa-ana.org/pw Item # 35 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Vacate a Portion of Edendale Court AGENDA TITLE Adopt a Resolution of Intent to Vacate a Portion of Edendale Court behind 1222 and 1226 South Birch Street, Abandonment 22-01 RECOMMENDED ACTION Adopt a resolution which declares the City's intent to vacate a portion of Edendale Court behind 1222 and 1226 South Birch Street, and which sets a public hearing for January 17, 2023. DISCUSSION Edendale Court was dedicated to the City of Santa Ana in 1924 on Tract Map No. 648 as a 30-foot by 210-foot long street easement. This easement is currently separated into three different states of improvement conditions. The westernmost section is 120 feet long and provides vehicular access to 1221 South Ross Street and 1225 South Ross Street. It is improved with pavement, curb, gutter, and sidewalk. The middle section is 45-feet long, unimproved, and fenced in with an accessible gate. The easternmost 45-foot section has been fenced in within the perimeter of the properties at 1222 South Birch Street and 1226 South Birch Street. Based on historical aerial photos, the eastern 45-foot section of Edendale Court has not been improved as a roadway, and has been fenced in by the property owners at 1226 and 1222 South Birch Street for more than 50 years. Because of the long-term nature of the fenced -in eastern section of Edendale Court and the absence of the need to use the portion of the street for public access, the owner of 1226 South Birch Street has requested the City vacate the eastern 45-foot section of Edendale Court. In addition to the vacation of the eastern 45-foot section of Edendale Court (Exhibit 1), the City has determined that the owner of 1226 South Birch Street must complete a Lot Line Adjustment involving Assessor's Parcel Number (APN) 013-151-26, 38, 39 and 41 (Exhibit 2). This Lot Line Adjustment will need to be completed prior to the recordation of the street vacation resolution. A final resolution will include a condition that the vacation will not become effective until after the Lot Line Adjustment is recorded. This will prevent the temporary creation of additional landlocked parcels. City Council 35 — 1 12/20/2022 Resolution to Vacate Portion of Edendale Court December 20, 2022 Page 2 After both the Lot Line Adjustment and street vacation resolution have been completed, the Public Works Agency will begin the process of requesting funding for improvements of the middle section of Edendale Court with pavement, curb, gutter, and sidewalk. This improvement will provide physical access to parcel 013-151-41. According to the title report obtained by the City, an easement over all of Edendale Court is owned by the City of Santa Ana. If the eastern 45-foot section of Edendale Court is vacated, it would revert half to the owner of 1226 South Birch Street and half to the owner of 1222 South Birch Street (Exhibit 3). The remaining sections of the Edendale Court easement will continue to be open as Public right-of-way. Utilities, other government agencies, and City agencies have been advised of the vacation of this Edendale Court section. California Government Code Section 65402 (Restrictions on Acquisition and Disposal of Real Property) requires a Planning Commission to review and approve certain actions related to City property. Actions related to acquiring, using, or disposing of public property require the Planning Commission to review the proposed use for conformity with the General Plan. Planning Commission Resolution No 2022-XX finds the vacation conforms to the General Plan (Exhibit 4). The recommended action adopts a resolution (Exhibit 5) of the City Council's intent to vacate the streets and sets a public hearing date for January 17, 2023, at which time the order to vacate may be approved by the City Council. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-112 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Street Vacation Vicinity Map 2. Street Vacation Location Map 3. Street Vacation Lot Line Map 4. Planning Commission Resolution 5. Resolution of Intent Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 35 — 2 12/20/2022 EXHIBIT 2 City Council 35 — 4 12/20/2022 EXHIBIT 4 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DETERMINING GENERAL PLAN CONFORMITY FOR THE VACATION OF A PORTION OF EDENDALE COURT BEHIND 1222 AND 1226 SOUTH BIRCH STREET WHEREAS, California Streets and Highways Code Section 8300 et seq. authorizes the City of Santa Ana to vacate all or any portion of any street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street; and WHEREAS, pursuant to California Government Code section 65042(a), street vacations must first be submitted to and reported upon by the Planning Commission for conformance with the General Plan; and WHEREAS, Edendale Court was dedicated to the City in 1924 on Tract Map No. 648 as a 30-foot by 210-foot long street easement; and WHEREAS, this easement is currently separated into three different states of improvement conditions: (1) the most westerly section is 120 feet long and provides vehicular access to 1221 South Ross Street and 1225 South Ross Street; (2) the middle section is 45 feet long and unimproved and fenced in with an accessible gate; and (3) the easterly 45-foot section of Edendale Court behind 1222 and 1226 South Birch Street; and WHEREAS, the City desires to vacate its interest in the easterly 45-foot foot section of Edendale Court behind 1222 and 1226 South Birch Street, as shown on Exhibit A ("Vacation Area"); and WHEREAS, the Vacation Area is the easterly 45-foot dead-end portion of Edendale Court, located immediately adjacent to property 1226 South Birch Street, which is owned by Fredericka Older; and WHEREAS, the Vacation Area is also located immediately adjacent to property 1222 South Birch Street, which is owned by Bonyen Thomas; and WHEREAS, the dead-end portion of Edendale Court has not been improved as a roadway for more than 50 years; and WHEREAS, the Vacation Area has been fenced in and maintained by the property owners of 1222 and 1226 South Birch Street; and WHEREAS, Fredericka Older has requested that the City vacate the dead-end portion of Edendale Court because of the long-term nature of maintaining the area; and WHEREAS, the Vacation Area is unnecessary for present or prospective public use, as determined by the City's Public Works Agency; and City Council 35 — 6 Resolutio2iZQ✓,M22-XXX Page 1 of 3 WHEREAS, by separate City Council action and following a finding of conformity with the City's General Plan by the Planning Commission, the City desires to vacate the Vacation Area. NOW THEREFORE, BE IS RESOLVED by the Planning Commission of the City of Santa Ana as follows: Section 1. The Planning Commission hereby determines that the proposed vacation of the Vacation Area, as shown on Exhibit A, is in conformance with the City's 2022 General Plan. The decision is based upon the Request for Planning Commission Action dated December 12, 2022, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. The proposed vacation is in conformance with the Mobility Element of the City's 2022-2045 General Plan as follows: • Goal M-3, Policy 3.7 (Complete Streets Design). The proposed vacation of a dead- end, unimproved section of roadway will leave intact a portion of Edendale Court that is fully improved with pavement and sidewalks, and will not disrupt the existing streetscape or surrounding neighborhood. • Goal M-3, Policy 3.9 (Neighborhood Traffic). The proposed vacation of a dead- end, unimproved section of roadway contributes toward removal of street segments that could negatively impact neighborhood quality of life. The vacation of this segment will contribute toward calming neighborhood traffic, increasing safety, while leaving intact access for emergency response. • Goal M-4, Policy 4.6 (Roadway Capacity Alternatives). The proposed vacation of a dead-end, unimproved section of roadway promotes reduction in vehicle trips by eliminating the possibility of a future roadway connection through private properties from Ross Street to Birch Street. • Goal M-5, Policy 5.7 (Infrastructure Condition). The proposed vacation enhances travelway safety by removing an unimproved section of roadway while leaving existing improvements intact with full pavement and sidewalks. Section 2. The proposed vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment. The proposed vacation is also exempt from CEQA review under section 15305 of the State CEQA Guidelines. [Signatures on the following page] City Council 35 — 7 Resolut10M!2W2-xxx Page 2 of 4 ADOPTED this day of December, 2022. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Jose Montoya Assistant City Attorney Bao Pham Chairperson City Council 35 — 8 Reso1utio2i2Q✓,M22-XXX Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, CHELSEA SHAFER, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 12, 2022. Date: Recording Secretary City of Santa Ana City Council 35 — 9 Resolut10ZW.2W2-xxx Page 4 of 4 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF ALLEY NORTH OF EDENDALE COURT BEHIND 1222 AND 1226 SOUTH BIRCH STREET (ABANDONMENT NO. 22-01) BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. In accordance with Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code, the City Council of the City of Santa Ana hereby declares its intention to vacate its interest in the easterly 45' foot section of Edendale Court behind 1222 and 1226 South Birch Street, as shown on Exhibit A ("Vacation Area"); B. Notice is hereby given that on January 17, 2023, at 5:45 P.M. or as soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing will be held by the City Council at which time any and all persons interested in or objecting to the proposed vacation described above may appear and be heard. Section 2. The Clerk of the Council is hereby directed to cause notice of the above -referenced hearing to be published twice, once in each of the two successive weeks prior to the above -referenced hearing, in a newspaper of general circulation in the City. Section 3. The Executive Director of the Public Works Agency is hereby directed to post conspicuously, in the manner prescribed by law, notice of vacation, containing the statement of the day, hour, and place of hearing set forth above, and describing the areas to be vacated, at least two weeks before the day set for said hearing. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2022. Valerie Amezcua Mayor Resolution No. 2022-XXX 1 of 2 City Council 35 — 10 12/20/ APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Jose Montoya Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby certify the attached Resolution No. 2022 - to be the original resolution adopted by the City Council of the City of Santa Ana on .2022. Date: Clerk of the Council City of Santa Ana Resolution No. 2022-XXX 2 of 2 City Council 35 —11 12/20/ Community Development Agency santa-ana.org/cd Item # 36 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Resolution of Intention to Disestablish the Downtown Santa Ana Business Improvement District AGENDA TITLE: Adopt Resolution of Intention to Disestablish the Downtown Santa Ana Business Improvement District RECOMMENDED ACTION Adopt a resolution of intention to disestablish the Downtown Santa Ana Business Improvement District and establish a time and place for a public hearing to be held by the City Council on January 17, 2023. DISCUSSION On February 6, 1984, the City Council adopted Ordinance No. NS-1715 pursuant to state law, creating a Business Improvement District (BID) in Downtown Santa Ana. The BID was established as a means of providing the Downtown business community with the funding to promote events and create promotional materials, increase the security presence, enhance maintenance of the downtown shopping corridors, and implement streetscape improvements. The BID is funded through an additional charge on the business license tax for those businesses within the BID boundary. The City Council activated the current BID on July 1, 2013. To administer the activities of the BID, the City executed operating agreements with Downtown Inc. and the Santa Ana Business Council in an effort to address the needs of the two business associations. Each association received 50% of the BID assessment, approximately $100,000 per year. On October 6, 2003, the City Council appointed the Community Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana Business Improvement District Advisory Board. As the BID Advisory Board, the CRHC, now known as the Community Development Commission (CDC), is responsible for making recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments, including the annual budget. At its regular meeting on October 26, 2022, by a vote of 6:0 (with one recusal), the Commission recommended to the City Council to dissolve the BID. City Council 36 — 1 12/20/2022 Resolution - Intention to Disestablish the Downtown Santa Ana BID December 20, 2022 Page 2 Over the course of the year, downtown businesses held several town hall meetings to express their dissent for the BID. Several protest forms were submitted to the Clerk of the Council and many merchants expressed their dissention for the BID and its operations at the Commission and Council meetings. On November 15, 2022, the City Council voted to start the process to dissolve the Downtown Santa Ana Business Improvement District (BID). The next step in the BID disestablishment process is for City Council to adopt a resolution of intention to disestablish the BID and set a public hearing. The public hearing must be held no less than 20 and not more than 30 days after the date of adoption in accordance the Streets and Highways Code section 36530. Thereafter, City Council may adopt an ordinance after holding the public hearing on the disestablishment. Notice of the disestablishment of the BID will be published once in a newspaper of general circulation in the city, no later than 15 days after the ordinance disestablishing the area is adopted. All businesses in the Business Improvement District will be notified and their BID assessment will be removed from their business license tax bill for 2023 and thereafter. No known assets were acquired with the revenues of the assessments levied within the Downtown BID. Any remaining revenues derived from the levy assessments shall be refunded to the owners of the method and basis that was used to calculate the assessments levied in the fiscal year in which the area is disestablished. FISCAL IMPACT There is no direct fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager City Council 36 — 2 12/20/2022 EXHIBIT 1 RESOLUTION 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO DISESTABLISH THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT WHEREAS, on February 6, 1984, in accordance with California Streets and Highways Code section 36500 et seq., the City of Santa Ana adopted Ordinance No. NS- 1715, by which the Downtown Santa Ana Business Improvement Area was established ("Downtown BID") as a means of providing the Downtown business community with funding to promote and market the Downtown area; and WHEREAS, such funding has been generated through an annual levy of assessments on businesses located within the Downtown BID according to the formula described in Ordinance No. NS-1715; and WHEREAS, the City Council appointed the Community Development Commission to serve as the BID Advisory Board to make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments; and WHEREAS, at its regular meeting on October 26, 2022, by a majority vote, the Community Development Commission recommended that the City Council dissolve the Downtown BID; and WHEREAS, at its regular meeting on November 15, 2022, by a majority vote, the City Council approved the recommendation to dissolve the Downtown BID; and WHEREAS, section 36550 of the California Streets and Highways Code authorizes the City Council to disestablish a business improvement area by ordinance after adopting a resolution of intention prior to conducting a public hearing on the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. In accordance with section 36550 of the California Streets and Highways Code, the City Council of the City of Santa Ana hereby declares its intention to disestablish the Downtown BID for the reasons discussed on record at the Santa Ana City Council meeting on November 15, 2022. Section 2. Notice is hereby given that on January 17, 2023, at 5:45 P.M. or as soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing will be held by the City Council to consider an ordinance dissolving the Downtown BID, at which time any and all persons interested in or objecting to the proposed dissolution may appear and be heard. City Council 36 — 3 1? /20/?�� Resotion XXX Page 1 of 3 EXHIBIT 1 Section 3. Upon disestablishment of the Downtown BID, there shall be a proposal to dispose of any assets, if any, acquired with the revenues of the assessments levied within the Downtown BID. Section 4. Upon disestablishment of the Downtown BID, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be refunded in the manner required by section 36551 of the California Streets and Highways Code. Section 5. The Clerk of the Council is directed to give notice of the above - referenced public hearing in accordance with section 36523 of the California Streets and Highways Code, which section requires publication of this Resolution in a newspaper of general circulation in the City once, for at least seven days before the public hearing, and the mailing of a complete copy of this Resolution by first-class mail to each business owner assessed in the Downtown BID within seven days of the City Council's adoption of this Resolution. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: - John M. Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers 2022. Mayor City Council 36 — 4 1 ?/20/?�� Reso ution XXX Page 2 of 3 EXHIBIT 1 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- to be the original Resolution adopted by the City Council of the City of Santa Ana on , 2022. Date: Clerk of the Council City of Santa Ana City Council 36 — 5 1 �/20/238�xxx Reso ution Page 3of3 Clerk of the Council Office www.santa-ana.org/clerk-of-the-council Item # 37 o`'r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Assembly Bill 361 AGENDA TITLE: Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 RECOMMENDED ACTION Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. DISCUSSION On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20, suspending certain provisions of the Brown Act to allow legislative bodies to conduct their meetings completely telephonically or by other electronic means. City Council meetings have been conducted by Zoom, with councilmembers and staff joining from remote locations when necessary. The suspension of certain provisions of the Brown Act was further extended by Governor Newsom on June 11, 2021 by the issuance of Executive Order N-08-21, which continued to allow completely virtual City Council (and other legislative body) meetings. This order stayed in effect until September 30, 2021. In response, AB 361 was signed into effect by Governor Newsom on September 16, 2021. It amends the Brown Act to allow legislative bodies to meet virtually, provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing, or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees. The City of Santa Ana's current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, the individual legislative bodies can make their own findings for the AB 361 teleconferencing resolution City Council 37 — 1 12/20/2022 Assembly Bill 361 December 20, 2022 Page 2 for future meetings. Determinations to continue to utilize remote meetings as allowed by AB 361 must be re -visited by the legislative body every 30 days with the support of new findings. Staff recommends this extension period to act as a helpful transitional stage for boards, committees, and commissions who still currently meet virtually. Most recently, on December 6, 2022, the City Council adopted Resolution No. 2022-094, making the required findings under AB 361 to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. The attached resolution (Exhibit 1) declares additional findings to allow for the continued use of teleconferencing for City Council, board, commission, and committee meetings pursuant to AB 361. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Norma Orozco, Assistant Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 37 — 2 12/20/2022 RESOLUTION 2022-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361) WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and WHEREAS, the City Council of the City of Santa Ana declared a local emergency on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section 2-646A); and WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB 361, the City Council is required to make certain findings every thirty (30) days; and WHEREAS, the City Council of the City of Santa Ana, consistent with those provisions, approved Resolutions 2021-055, 2021-66, 2021-072, 2022-004, 2022-015, 2022-021, 2022-026, 2022-033, 2022-037; 2022-043; 2022-050; 2022-063; 2022-070; 2022-073; 2022-077; 2022-087; 2022-090; and 2022-094 authorizing the use of remote teleconferencing provisions pursuant to AB 361; and WHEREAS, the City Council of the City of Santa Ana has reconsidered the circumstances of the state of emergency; and WHEREAS, state and local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19; and WHEREAS, the continuation of remote teleconferencing will allow for full participation by members of the public and the members of the City legislative bodies until social distancing recommendations are lifted; and WHEREAS, the City Council of the City of Santa Ana desires to continue to utilize remote teleconferencing pursuant to AB 361 and Government Code section 54953(e). Resolution 2022-XXX of 3 City Council 37 — 3 12/20/ NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Santa Ana as follows: SECTION 1. The above recitals are true and correct and shall be the findings of the City of Santa Ana's City Council and each and every other legislative body of the City. SECTION 2. The City Council of the City of Santa Ana hereby authorizes the use of remote teleconferencing pursuant to AB 361. SECTION 3. The City Council and all other legislative bodies of the City of Santa Ana created by the City Council or created through its City Charter shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council. SECTION 4. The City Clerk shall attest to and certify to the passage and adoption of this resolution and it shall be effective immediately upon its approval. ADOPTED this day of December, 2022. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 697!� ?W. Nll� John M. Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Mayor Resolution 2022-XXX Pag City ouncil 37 — 4 12/20/2022 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- to be the original Resolution adopted by the City Council of the City of Santa Ana on , 2022. Date: Clerk of the Council City of Santa Ana Resolution 2022-XXX of 3 City Council 37 — 5 12/20/ Clerk of the Council Office _ www.santa-ana.org/departments/clerk-of-the-council/ Item # 38 o`er City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Biennial Review and Appointment of Regional Board Representatives AGENDA TITLE: Biennial Review and Appointment of Regional Board Representatives RECOMMENDED ACTION 1. Review the regional board appointment list and appoint members and alternates to serve as representatives to various outside agencies through December 2024 (or specific term where noted). 2. Adopt a resolution designating and appointing a representative to the Orange County Fire Authority's Board of Directors, if necessary; and, 3. Direct the Clerk of the Council to update and post the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) on the City's website. DISCUSSION The Mayor and City Council represent the City's interest 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 City Council reviews regional board appointees on an annual basis and can make necessary changes. Attached is a list of current representatives, meeting dates, compensation and other pertinent information on each board (Exhibit 1). For discussion purposes, the following is a list of regional boards and appointing authority. Metropolitan Water District The Metropolitan Water District of Southern California is a regional wholesaler that delivers water to 26 member public agencies — 14 cities, 11 municipal water districts, one county water authority — which in turn provides water to more than 19 million people in Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura counties. Metropolitan is governed by a 38-member board of directors who represent their City Council 38 — 1 12/20/2022 Biennial Review and Appointment of Regional Board Representatives December 20, 2022 Page 2 respective member agencies ensuring each member agency is part of the governance of Metropolitan. A board member is appointed by the majority of the City Council (member does not have to be elected official). The current representative is Councilmember Thai Viet Phan. Newport Bay Watershed Executive Committee The Newport Bay Watershed Executive Committee (Executive Committee is the successor to the Upper Newport Bay Sediment Control Executive Committee established through a cooperative agreement in the early 1980s. The Executive Committee was formed by amendment of the cooperative agreement in 1999, and now includes in its interests the impairments of Newport Bay caused by nutrients, toxics, and pathogens in addition to sediment, as well as related environmental enhancements. Members of the Executive Committee are elected, appointed, or executive level managers, with one member from each of the signatories to the agreement (the County member, however, represents both the County and the Orange County Flood Control District). The Executive Committee provides strategic direction for environmental enhancement programs in the watershed, advocacy of these programs to the elected/appointed boards of the member organizations, and a forum for discussion of watershed environmental issues. The current representative is Executive Director of Public Works, Nabil Saba. Orange County Housing Finance Trust The Orange County Housing Finance Trust (OCHFT) was formed in 2019 as a joint powers authority between the County of Orange and the cities throughout the county. OCHFT was created for the purpose of funding housing specifically assisting the homeless population and persons and families of extremely low, very low, and low income within the County of Orange. Term of office for members of the Board of Directors shall be for two (2) years. The current representative is Councilmember David Penaloza. Orange County Fire Authority (OCFA) The Orange County Fire Authority Board of Directors has twenty-five members and sets policy according to its adopted Rules of Procedures. Twenty-three of the members represent partner cities, and two members represent the county unincorporated area. A board member is appointed by the majority of the City Council. Selection must be authorized by resolution. The current representative is Mayor Pro Tern Jessie Lopez. City Council 38 — 2 12/20/2022 Biennial Review and Appointment of Regional Board Representatives December 20, 2022 Page 3 Orange County Sanitation District (OCSD) Board The Orange County Sanitation District is a wastewater treatment facility that serves Orange County, California. It consists of two operating plants, referred to as Plant No located in Fountain Valley and Plant No. 2 located in Huntington Beach. It is the third largest wastewater treatment facility west of the Mississippi River. OCSD and the Orange County Water District were awarded the Stockholm Industry Water Award in 2008 for pioneering work to develop with Trojan Technologies the Groundwater Replenishment System, the world's largest water purification plant for groundwater recharge. A board member and alternate are appointed by the majority of the City Council. The current representative is Councilmember Johnathan Ryan Hernandez and former Councilmember Nelida Mendoza was serving as alternate. Orange County Vector Control The Orange County Vector Control Board is an independent special district dedicated to controlling rats, mosquitoes, and other disease carrying and public health pests. Activities also include surveillance of vectors and vector -borne diseases, public education services and identification of public health pests. Each Trustee is appointed by the city they represent to serve a two or four-year term. The current representative, former Councilmember Nelida Mendoza, was appointed to a term that will expire on January 2024. A representative may only be removed for cause. Orange County Water District The Orange County Water District manages, replenishes and protects the Orange County Groundwater Basin —Orange County's largest source of drinking water. The 270-square-mile basin provides approximately 75 percent of the water supply to more than 2.5 million residents in north and central Orange County. A 10-member board of directors governs the District and implements policies that foster sound management of the basin, as well as support the advancement of OCWD's mission to provide an adequate, reliable, high -quality water supply at the lowest reasonable cost in an environmentally responsible manner. Seven board members are elected and three are appointed by Anaheim, Fullerton and Santa Ana city councils. Former Councilmember Nelida Mendoza was serving as the representative. Southern California Association of Governments (SCAG) District #16 Pursuant to the SCAG bylaws, each SCAG district in the six -county SCAG region has one Regional Council seat. Regional Council members are elected by a vote of the cities in each SCAG district that are members of SCAG. Elections for Regional Council District Representatives are completed every other year, with elections for odd - numbered districts occurring in odd -numbered years, and elections for even -numbered City Council 38 — 3 12/20/2022 Biennial Review and Appointment of Regional Board Representatives December 20, 2022 Page 4 districts occurring in even -numbered years. Each elected SCAG Regional Council member can participate on any policy committee of choice. SCAG bylaws allow for additional Regional Council seats to be assigned to each Board of Supervisors and each county transportation commission member agency. Each SCAG subregion also has an at -large policy committee seat for as many districts that are located in the subregion. These at -large policy committee seats are filled through an appointment by the subregional board and are called Subregional Representatives. A board member and alternate is appointed by the majority of the City Council. The current representative is Councilmember Phil Bacerra. Orange County Council of Governments (OCCOG) The Orange County Council of Governments (OCCOG) is one of twelve subregions in the SCAG region, and comprises the Orange County subregion to SCAG. There are twelve SCAG districts within Orange County, allowing for 12 Subregional Representative seats at -large to serve on SCAG policy committees. To be an eligible nominee for a Subregional Representative seat, the nominee must be an elected official from a SCAG member city. There is no term limit for a Subregional Representative seat, provided the appointee continues to be an elected official from a SCAG member city. The current representative is Councilmember Phil Bacerra. Transportation Corridor Agencies (TCA) — Foothill/Eastern Joint Powers Authority formed in 1986 to design, finance, construct and operate the three Orange County toll roads. The Agency is in the process of merging all toll roads under the direction of one board. A board member and alternate are appointed by the majority of the City Council. The current representative is Councilmember David Penaloza and former Councilmember Nelida Mendoza was serving as alternate. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. List of Current Regional Board Members 2. Resolution for OCFA Appointment Submitted By: Norma Orozco, Assistant Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 38 — 4 12/20/2022 CITY OF SANTA ANA 2021-22 REGIONAL BOARD AND SUBCOMMITTEE MEMBERS BOARD CURRENT POSITION MEETINGS COMPENSATION / TERM MEMBER REMUNERATION EXPIRES Board Mtgs 2nd Tues of Mileage Metropolitan Water District Thai Viet Rep. mo. @ 12:30 with Cmte reimbursement Board (MWD) Phanmtgs at 8 a.m.; Cmte Mtgs from MWD 4th Tues all day Quarterly the 3rd Newport Bay Watershed Nabil Saba, Executive Wednesday from 1:30-3:00 Executive Committee Director, Rep. at Irvine Ranch Water None Public Works District, 15600 Sand Canyon Ave, Irvine, 92618 Orange County Fire Jessie Lopez Rep. Every Month at 6:30 p.m. $100 per mtg.; max Requires Authority OFCA * $300 Resolution Orange County Housing David Rep. Every two months or as None Finance Trust Penaloza called OC Sanitation District * Johnathan Ryan Rep. Meets once a month on the $212.50/Mtg. Max Hernandez 4th Wednesday at 6 p.m. 6/Mo. Plus mileage OC Sanitation District * Neloda Alt. Meets once a month on the $212.50/Mtg. Max MePA-eZa 4th Wed. at 6 p.m. 6/Mo. Plus mileage OC Vector Control District Nelida Rep. Meets on 3rd Thursday at 3 $100/Mtg. 1/2024 Mendoza m. 1 st & 3rd Wednesday at 5:30 p.m., 18700 Ward St., $221.12/ Day Max Orange County Water pia Rep. Fountain Valley, CA — 10 mtgs./Mo. Plus District* "tea Committees at various mileage $0.50 times / dates Southern California District 16 - Meets 1st $120/Mtg. Max Association of Phil Bacerra Rep. Thursday of each month, 6/Mo. Plus mileage Governments SCAG * 10 a.m. — 1:30 p.m. from City Hall Orange County Council of Meets once a month on the Governments Board of Phil Bacerra Rep. 4th Thurs. at 11 a.m. None Directors OCCOG * Orange County Council of Meets once a month on the Governments Board of Vacant Alt. 4th Thurs. at 11 a.m. Directors OCCOG * David $120/Mtg. Max Transportation Corridor Penaloza Rep. Meets on the 2nd Thursday 6/Mo.; Ad Hoc Agencies (TCA) * at 9:30 am Cmts $120 plus Mileage $120/Mtg. Max Transportation Corridor Mendozan Alt. Meets on the 2nd Thursday 6/Mo.; Ad Hoc Agencies (TCA) * at 9:30 am Cmts $120 plus Mileage *Required to file a FPPC Statement of Economic Conflict of Interest City Council 38 — 5 1 2/20/2022 Revised 10/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS WHEREAS, the City of Santa Ana ("City"), as a "member" of the Orange County Fire Authority Joint Powers Authority ("JPA"), is entitled to appoint a representative director ("Director") to the Orange County Fire Authority's Board of Directors; and WHEREAS, each member agency, by resolution of its governing body, shall designate and appoint one representative to act as its Director on the Authority Board of Directors, except the County, whose Board of Supervisors shall appoint two representatives to act as its Directors; and WHEREAS, each Director shall be a current elected member of the governing body; and WHEREAS, each Director shall hold office until the selection of a successor by the appointing body; and WHEREAS, each Director is to serve at the pleasure of his or her appointing body and may be removed at any time, with or without cause, at the sole discretion of that appointing body; and WHEREAS, any vacancy shall be filled in the same manner as the original appointment of a Director. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1 The City Council hereby designates and appoints Councilmember as a Director to the Orange County Fire Authority Board of Directors. Section 2. The City Council hereby directs the Clerk of the Council to transmit a copy of this Resolution to the Clerk of the Authority of the Orange County Fire Authority prior to its next regularly scheduled board meeting. 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. Resolution No. 2022-XXX 1 City Council 38 — 6 12/20/2 M of 2 ADOPTED this day of 12022. Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY Resolution No. 2022- City of Santa Ana on Date: Clerk of the Council, do hereby attest to and certify the attached _ to be the original Resolution adopted by the City Council of the 2022. Clerk of the Council City of Santa Ana Resolution No. 2022-XXX City Council 38 — 7 12/20/2 2Y of Planning and Building Agency santa-ana.org/departments/planning-and-building/ Item # 39 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Urgency Ordinance to Amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Pertaining to Regulating Noxious Uses, Medical Offices Operated by Government, Government -Subsidized, Not -for -Profit, or Philanthropic Entities, Electric Fences, and Various Use Definitions AGENDA TITLE: Zoning Ordinance Amendment No. 2022-07 — An Urgency Ordinance of the City Council of the City of Santa Ana Amending Various Sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Related to Noxious Uses, Medical Offices Operated by Government, Government -Subsidized, Not -for -Profit, or Philanthropic Entities, Electric Fences, and Various Use Definitions RECOMMENDED ACTION Approve Zoning Ordinance Amendment No. 2022-07 and adopt the Urgency Ordinance by two-thirds (2/3) vote to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). EXECUTIVE SUMMARY Staff is proposing to amend several sections of Chapter 41 (Zoning) of the SAMC to accomplish the following: address current and immediate threats to the public health, safety, or welfare due to the absence of regulations on noxious uses in close proximity to schools, parks, and residences; the absence of clear definitions defining and characterizing the various professional and administrative, and medical and non -medical land uses and a conditional use permit (CUP) requirement for medical offices operated by government, government -subsidized, not -for -profit, or philanthropic entities; standards for construction of electric fences; and various use definitions to effectively carry out regulations. The proposed amendments are described in further detail in the Discussion section of this report. DISCUSSION Pursuant to SB 1000, the City was required to address Environmental Justice in the General Plan Update. The General Plan includes numerous goals, policies, and implementation actions that were developed in collaboration with the community to address environmental issues that Santa Ana residents face on a daily basis. Staff is proposing to amend several sections of Chapter 41 (Zoning) of the SAMC to address current and immediate threats to the public health, safety, or welfare due to the absence of regulations on noxious uses in close proximity to schools, parks, and residences. In addition, the absence of clear definitions defining and characterizing the various professional and administrative, and rnediral and nnn-mariiral land i icac and n rnnriitinnal i ica permit rani iiramant fnr mariical City Council 39 — 1 12/20/2022 ZOA No. 2022-07 — Urgency Ordinance December 12, 2022 Page 2 offices operated by government, government -subsidized, not -for -profit, or philanthropic entities in the Professional (P) zoning district hinder the City's ability to meet the goals expressed in SAMC Section 41-1 (Purpose) to implement a regulatory land use and development framework to promote the health, safety, and the general welfare of the residents of Santa Ana. The proposed ordinance establishes a decision making process for the City to identify, evaluate, regulate, address, and reduce the potential impact to the built environment stemming from these land uses. The need is urgent as the City has and will continue to receive a higher rate of appeals of the City's permitting process pertaining to these land uses within the P zoning district. Lastly, there have been near daily police and/or code enforcement -related incidents regarding transient populations trespassing on and causing damage to private, non-residential properties abutting railroad rights -of -way in Santa Ana. Options and development standards for the installation of electric fencing types on private property to deter this type of activity are needed. Table 1 below and on the following pages illustrates the existing and proposed regulations to address these immediate needs and issues affecting the community. Table 1: ZOA No. 2022-07 Current and Proposed Text Regulations Topic Existing Zoning Code Regulations Proposed Zoning Code Regulations Noxious Uses The SAMC regulates industrial and 1. Create new "noxious uses" section to noxious land uses through permitting require approval of a conditional use them in industrial zoning districts. permit for industrial type uses located However, the SAMC does not provide within 500 feet of a sensitive land use additional regulation for uses that have that requires a permit to discharge air a regional, state, or federal permit to contaminants or process or store emit or store or process hazardous regulated chemicals or substances waste that are in close proximity to (Sec. 41-199.4). sensitive land uses. 2. Update the Non -Conforming section of the Zoning Code to require a conditional use permit for noxious uses whenever an existing non- conforming business changes ownership and requires a new certificate of occupancy. Additionally, require businesses with these type of permits to remain in compliance with applicable laws or lose their nonconforming status (Sec. 41-683 and Sec. 41-683.6). Medical Offices in The Professional (P) zoning district Revise the uses permitted subject to a the Professional permits medical and dental offices by conditional use permit section of the Zoning District right. However, the zoning district does Professional (P) zoning district to require not currently permit medical uses a conditional use permit for medical operated by government, government- offices operated by government, subsidized, not -for -profit, or government -subsidized. philanthropic entities. Counseling Services The SAMC does not currently define Create "counseling services" definition in - Definition counseling services. Division 2 (Definitions), Article I of the Zoning Code Sec.41-44.6. City Council 39 — 2 12/20/2022 ZOA No. 2022-07 — Urgency Ordinance December 12, 2022 Page 3 Medical Office - The SAMC does not currently define 1. Create "medical office" definition in Definition medical office. Division 2 (Definitions), Article I of the Zoning Code (Sec. 41-121). 2. Update the permitted uses sections of the Professional (P), Community Commercial (Cl), Community Commercial —Museum District (Cl- MD), Arterial Commercial (C5), and South Main Street Commercial District (C-SM) to consistently use "medical office." Professional, The SAMC does not currently define 1. Create "professional, business, and Business, and professional, business, and administrative office" definition in Administrative Office administrative office. Division 2 (Definitions), Article I of the - Definition Zoning Code (Sec.41-127.5) 2. Update the permitted uses sections of the Professional (P), Community Commercial (Cl), Community Commercial —Museum District (Cl- MD), Arterial Commercial (C5), and South Main Street Commercial District (C-SM) to consistently use "professional, business, and administrative office." Electric Fences The SAMC is currently silent on electric 1. Create "electric fence" definition in fences. The SAMC neither defines nor Division 2 (Definitions), Article I of the regulates electric fences, which have Zoning Code (Sec. 41-54.5) become more widely used as a means 2. Add new section to regulate zones to secure property from theft and/or and properties where electric fences vandalism. are permitted (only in M1 and M2, and only where abutting a rail right- of-way) subject to a minor exception Sec. 41-610.5 . Noxious Uses In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, and parks, the City adopted numerous environmental justice policies and actions in its General Plan to amend use regulations and development standards in the Zoning Code. A majority of the actions in the General Plan related to use, buffers, and development standards will be analyzed and addressed through the comprehensive Zoning Code Update. However, noxious businesses in close proximity to parks, schools, and residences is of immediate concern as they pose an immediate threat to the health and safety of those recreating, attending school, or residing in their proximity. Additionally, federal, state, and regional permitting agency requirements alone are insufficient to properly protect the health and safety of residents as has been proven through the numerous businesses that continue to be licensed in close proximity to sensitive receptors even when they violate applicable federal and state laws. Staff is proposing to create a new Section 41-199.4 (Noxious uses) to require a CUP for industrial uses that require a permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances from a regional, City Council 39 — 3 12/20/2022 ZOA No. 2022-07 — Urgency Ordinance December 12, 2022 Page 4 state, or federal agency when located within 500 feet of a public park, school, or a property used or zoned for residential purposes. To buttress this new amendment, staff also proposes to create a new Section 41-683.6 (Discontinuance of nonconforming noxious use) to require these types of businesses that do not have a CUP and are nonconforming to comply with development standards and CUP requirements when a business changes ownership, requires a new Certificate of Occupancy, or is in violation of any applicable federal, state, or local regulation for a period of sixty (60) consecutive days, receives three noncompliant notices, or is in violation for a total of ninety (90) days in a one year period. Professional, Business, and Administrative Office; Counseling Services; Medical Offices Chapter 41 of the SAMC currently does not provide a definition for "professional, business, and administrative office," and zoning districts where the use is permitted utilize inconsistent terminology. Staff is proposing to create a new Section 41-127.5 to define "professional, business, and administrative office" and to amend the uses permitted sections of various zoning districts where the use is permitted to utilize consistent terminology and provide clarity. Chapter 41 of the SAMC currently permits "counseling services" in the General Commercial (C2) zoning district subject to a CUP, but Chapter 41 does not provide a definition for the use. As such, businesses offering counseling services have attempted to operate in zoning districts where the use is not permitted under the impression that the use could be classified as a "professional, business, and administrative office" or a "medical office." To provide clarity to prospective businesses, staff is proposing to create a new Section 41-44.6 to define "counseling services." Chapter 41 of the SAMC currently does not provide a definition for "medical office," and zoning districts where the use is permitted utilize inconsistent terminology. The lack of a definition and utilization of inconsistent terminology, staff spends an inordinate amount of time providing members of the public and prospective business operators clarification on what business uses are categorized as a medical office and where the use is permitted. Staff is proposing to create a new Section 41-121 to define "medical office" and to amend the uses permitted sections of various zoning districts where the use is permitted to provide consistency in terminology and clarity. The amendments would also permit medical offices operated by government, government -subsidized, not -for -profit, or philanthropic entities subject to approval of a CUP. The above referenced definitions and amendment are needed to effectively carry out regulations and provide for their enforcement, without which the City would be in a precarious and untenable position when reviewing applications and making determinations to approve or deny a land use. City Council 39 — 4 12/20/2022 ZOA No. 2022-07 — Urgency Ordinance December 12, 2022 Page 5 Electrified Security Fences There have been near daily police and/or code enforcement -related incidents regarding transient populations trespassing on and causing damage to private, non-residential properties abutting railroad rights -of -way in Santa Ana. To address this pressing security matter, provide property and business owners another option to protect property from theft or vandalism, staff is proposing to amend Section 41-610.5 (Walls and fences) of the SAMC to permit electric fences only in the Light Industrial (M1) and Heavy Industrial (M2) zoning districts, respectively, on properties that abut a railroad right-of-way subject to the issuance of a minor exception. Additionally, staff is proposing a number of development standards such as minimum distance from residential properties, screening requirements, and accessibility requirements to ensure community compatibility, aesthetic considerations, and emergency responder access are addressed and maintained. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result Environmental Review No. 2022-123 will be filed upon adoption of this ordinance. FISCAL IMPACT There is no direct fiscal impact associated with this action. EXHIBIT(S) 1. Ordinance for ZOA No. 2022-07 Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 39 — 5 12/20/2022 ORDINANCE NO. NS-XXX AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO NOXIOUS USES, MEDICAL OFFICES OPERATED BY GOVERNMENT, GOVERNMENT -SUBSIDIZED, NOT -FOR -PROFIT, OR PHILANTHROPIC ENTITIES, AND DEFINITIONS FOR OTHER OFFICE USES WHEREAS, pursuant to SB 1000, the City was required to address Environmental Justice in the General Plan Update due to a number of disadvantaged communities located within the City; and WHEREAS, the City Council adopted the General Plan Update on April 19, 2022, which included numerous goals, policies, and implementation actions associated with addressing environmental justice; and WHEREAS, developing, adopting, implementing, and enforcement of environmental laws, regulations, and policies can help address longstanding environmental impacts on communities; and WHEREAS, Land Use Element action 3.2 states that the City will undertake updating the zoning code's development and operational standards to address incompatibility of industrial uses in close proximity to sensitive receptors; and WHEREAS, the absence of clear and consistent use of terms and definitions for professional, business, and administrative office, medical office, and counseling service is inconsistent with the goals expressed by Santa Ana Municipal Code (SAMC) Section 41-1 (Purpose) in that the City cannot effectively carry out regulations and provide for their enforcement without clear and enforceable terms and definitions; and WHEREAS, the absence of a conditional use permit requirement for medical offices operated by government, government -subsidized, not -for -profit, or philanthropic entities is inconsistent with the goals expressed by SAMC Section 41-1 (Purpose) in that discretion by the Planning Commission and City Council cannot be exercised to ensure that the location and operation of such facilities are compatible with the scale, character, and nature of surrounding properties and neighborhoods as specified in SAMC sections 41-1 (a), (b), (e), and (f); and WHEREAS, AB 358 was adopted August of 2021, authorizing property owners that meet specified requirements to install and operate electrified fences on their property to protect and secure commercial or industrial property, but the absence of locally -adopted standards in the Zoning Code allowing and regulating electrified fences on private property poses a threat to the health, safety, and welfare of property owners and passers- by in Santa Ana, leading to potentially dangerous configurations of electrified fences that City Council 39 — 6 019106 vQ39-xxx Page 1 of 12 do not meet local development standards that would otherwise ensure the safe design and installation of such fences; and WHEREAS, there have been near daily police and/or code enforcement -related incidents regarding transient populations trespassing on and causing damage to private, non-residential properties abutting railroad rights -of -way in Santa Ana; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare due to the absence of regulations on noxious uses in close proximity to schools, parks, and residences; the absence of conditional use requirements on medical offices operated by government, government -subsidized, not -for -profit, or philanthropic entities in the Professional (P) zone; the lack of clear land use definitions that may work an adverse impact on existing communities, as well as negatively impact property values, personal privacy, and fire safety; and the lack of standards for the installation of electric fences on private property. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a two-thirds vote of the City Council; and WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on the above findings, this Ordinance is declared by the City Council to be necessary as an emergency measure to protect and preserve the health, safety and welfare of the citizens of the City of Santa Ana and will become effective immediately if passed by the affirmative votes of at least two-thirds (2/3) of the members of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to address the current and immediate threats set forth above. NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows: Section 1. The recitals above are each incorporated by reference and adopted as finding by the City Council. Section 2. Section 41-44.6 (Counseling services) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-44.6. - Counseling services. A facility where personnel provide counseling services in individual or group sessions that focus specifically on mental development, recovery, rehabilitative vocational assistance, and employment preparation for the purposes of achieving independence, and/or integration in the workplace and community. For a practice providing counseling services specializing in substance abuse, this includes a facility that provides substance abuse counseling practiced by a licensed professional, on an outpatient basis, with or without the dispensing of medication onsite. "Counseling services" does not include "Medical office," which is separately defined. Section 3. Section 41-54.5 (Electric fence) of Chapter 41 of the SAMC is hereby added to read as follows: City Council 39 — 7 01X199 9.39-xxx Page 2 of 12 Sec. 41-54.5. - Electric fence. "Electric Fence" and "Electrified Fence" shall mean any fence powered by an electrical energizer with characteristics outlined and defined in California Civil Code Section 835 used to protect and secure industrial property. Section 4, Section 41-121 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-121. - Medical office Rued. A medical office is a facility providing consultation, diagnosis, therapeutic, preventive, surgical, or corrective personal treatment services by doctors or dentists, and their support staff, to support the healing of humans, wherein such medical doctors and dentists are licensed. These facilities can be at health centers, individual doctor or dentist offices, and exclude practices providing counseling services specializing in substance abuse, homeless suaaort services. and medical research laboratories. Section 5, Section 41-127.5 (Professional, business, and administrative office) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-127.5. - Professional, business, and administrative office. A professional, business, or administrative office is an establishment providing direct, "over-the-counter" services or business services to consumers or clients (e.g., insurance agencies, real estate offices, travel agencies, utility company offices, etc.) and office -type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property. Section 6. Section 41-199.4 (Noxious uses) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-199.4. - Noxious uses. La) Any use other than eating establishments listed in Section 41-472 or 41-472.5 of this Chapter, regardless of the zoning district it is established or proposed to be established in, that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances that is located within 500 linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes requires a conditional use permit. The 500 linear foot distance shall be measured from the outermost boundary of the subject property to the closest point of any public park, school, or property used or zoned for residential purposes. Lc� The property owner or business operator of a business regulated by subsection (a) shall be responsible for notifying the City of any requirement to obtain a permit from a regional, state, or federal agency. Notification to the City must be made City Council 39 — 8 019,06 vQ39-xxx Page 3 of 12 prior to obtaining any permit from a regional, state, or federal agency for the business activities listed in subsection (a). A business regulated by this section shall be in compliance with all provisions established by this Code and all applicable federal, state, or local regulations and conditions established by regulating and permitting agencies. Section 7. Section 41-313 (Uses permitted in P district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-313. - Uses permitted in P district. The following uses are permitted in the P district: (a) Professional, business, and administrative offices where no merchandise is sold. (b) Banks, savings and loan offices, credit unions, and mortgage and finance companies. (c) Travel agencies. (d) Medical and deRtal offices. (e) Art galleries, art and photography studios. (f) Museums and science centers. (g) Print and copy services. (h) Pharmacies, limited to the dispensing of goods and merchandise related to health care only, and excluding drive -through facilities. (i) Child care facilities. Q) Non -freestanding commercial and service uses which do not exceed ten (10) per cent of the floor space of the building in which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on the same property, excluding drive -through facilities, and commercial uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (k) Freestanding restaurants, cafes, and eating establishments, excluding drive - through facilities and excluding any eating establishment specified in section 41- 313.5. Section 8. Section 41-313.5 (Uses subject to a conditional use permit in the P district) of Chapter 41 of the SAMC is hereby amended to read as follows: City Council 39 — 9 01XI A BA_Xxx Page 4 of 12 Sec. 41-313.5. - Uses subject to a conditional use permit in the P district. The following may be permitted in the P district, subject to the issuance of a conditional use permit: a. Convalescent hospitals, nursing homes, rest homes and extended care facilities. b. Hospitals. c. Trade and professional schools. d. Health clubs and gymnasiums. e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. f. Ambulance and emergency medical response services. g. Non -freestanding commercial and service uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. h. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. i. Banquet facilities, subject to development and operational standards set forth in section 41-199.1. j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. k. Adult day care facilities. I. Clubs, fraternities and lodges. m. Bail bond uses, subject to development and operation standards set forth in section 41-323. n. Churches and accessory church buildings. o. Parking lots and parking structures subject to compliance with the requirements of Section 41-324. P. Medical offices operated by government, government -subsidized, not -for -profit, or philanthropic entities. Section 9. Section 41-365 (Uses permitted in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-365. - Uses permitted in the C1 district. The following uses are permitted in the C1 district: (a) Retail and service uses. City Council 39 — 10 01X199 9.39-xxx Page 5 of 12 (b) Professional, business, and administrative and b sine offices. (c) Automobile parking lots and parking structures. (d) Automobile sales, but excluding truck, trailer, tractor and boat sales. (e) Churches and accessory church buildings. (f) Mortuaries. (g) Theaters. (h) Hospitals, clinics, and sanitariums. (i) Animal hospitals and veterinaries. Q) Plant nurseries. (k) Gymnasiums. (1) Golf courses, both regulation and miniature, and driving ranges. (m) Public utility structures, including electric distribution and transmission substations. (n) Restaurants, cafes, and eating establishments, other than those specified in Section 41-365.5. (o) Schools and studios operated for commercial or public purposes. (p) Childcare facilities. (q) Service stations. (r) Automobile servicing. (s) Tattoo and/or body art establishments, subject to the development and operational standards set forth in Section 41-199.3. W Medical offices. Section 10. Section 41-375.1 (Uses permitted in the C1-MD district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-375.1. - Uses permitted in the C1-MD district. The following uses are permitted in the C1-MD district: (a) Retail and service uses, other than those specified in section 41-375.2. City Council 39 —11 01XI 9QAQ.3A-xxx Page 6 of 12 (b) Professional, business, and administrative and bUSOR offices where no merchandise is sold. (c) Medical and dental offices. (d) Theaters and cinemas. (e) Gymnasiums and health clubs. (f) Travel agencies, with no embarking or disembarking of passengers. (g) Art galleries and art and photography studios. (h) Museums and science centers. (i) Restaurants, cafes, and eating establishments other than those specified in section 41-375.2, excluding eating establishments with drive-thru window service. Q) Child care facilities. Section 11. Section 41-424 (Uses permitted in the C5 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-424. Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Professional, business, and Aadministrative and professional offices. (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used. (d) Churches, chapels, mortuaries, and theaters. (e) Government buildings. (f) Restaurants and cafes, other than those specified in Section 41-424.5. (g) Schools and studios operated for commercial or public purposes. (h) Child care facilities. (i) The printing, publishing, and circulation of a newspaper, including plant and office. City Council 39 — 12 01X199 9.39-xxx Page 7 of 12 (j) Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. (k) Gymnasiums and health clubs. fD Medical offices. Section 12. Section 41-521 (Uses permitted in the C-SM district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-521. - Uses permitted in the C-SM district. The following uses are permitted in the C-SM district: (a) Retail and service uses. (b) Professional, business, and administrative, and businoffices. (c) Public parking lots and parking structures. (d) Animal hospitals and veterinarians. (e) Gymnasiums, health clubs, and martial arts studios. (f) Public utility structures, including electric distribution and transmission substations. (g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities. (h) Schools and studios operated for commercial or public purposes. (i) Child care facilities. Q) Art galleries, museums and exhibit halls. (k) Plant nurseries. (1) Theaters. (m) Furniture stores. (n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses. Lo) Medical offices. City Council 39 — 13 01X199 9.39-xxx Page 8 of 12 Section 13. Section 41-683 (Discontinuance of nonconforming building or use) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-683. - Discontinuance of nonconforming building or use. Except as provided in section 41-683.5 and 41-683.6, if a nonconforming use is discontinued, or if a nonconforming building is vacant, unused or unoccupied for a period of twelve (12) consecutive months, any subsequent use must conform in every respect to the provisions of this chapter, and a nonconforming building may not thereafter be used or occupied until it conforms in every respect to the provisions of this chapter. Section 14. Section 41-683.6 (Discontinuance of nonconforming noxious use) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41.683.6. - Discontinuance of nonconforming noxious use. (a) If a nonconforming use of a building regulated by Section 41-199.4 requires a new certificate of occupancy for any reason other than a change in business name with no change in owner of the business, legal nonconforming status shall be lost and any subsequent use must conform in every respect to the provisions of this chapter. If a nonconforming use of a building regulated by Section 41-199.4 is in violation of any applicable federal, state, or local regulation for a period of sixty (60) consecutive days, receives three noncompliant notices from a federal, state, or local regulatory agency in a one (1) year period, or is in violation for a total of ninety (90) days in a one (1) year period, legal nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisions of this chapter. Section 15. Section 41-610.5 (Wall and fence requirements in the industrial and commercial zones) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-610.5. - Wall and fence requirements in the industrial and commercial zones. (a) In the industrial and commercial zones, walls and fences shall not exceed ten (10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area. (b) On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five (5) feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such wall shall not exceed the height limitations prescribed in subsection (a) of this section. This requirement may be waived by the planning commission upon a finding that the abutting property is in a period of transition to nonresidential use, or that, due to special circumstances, the wall would not promote the public health, safety, or welfare. (c) Barbed wire is not permitted as part of a wall or fence except as follows: City Council 39 — 14 01A199 9.39-xxx Page 9 of 12 (1) In the M1, M2 and LM districts: barbed wire is permitted subject only to the restrictions set forth hereinafter. (2) In the C1, C2, C4 and CM districts: barbed wire is permitted only in a rear year or side yard which is not viewable from a public street and is subject to the restrictions set forth hereinafter. (3) Barbed wire may not be used above the height limitations set forth in subsection (a) of this section. (4) Barbed wire may not be used as part of any wall or fence which is adjacent to property used for residential purposes or to property which is used as a school, church, park, or youth center. Electric fences shall only be permitted in the M1 and M2 districts subject to the issuance of a minor exception pursuant to Article V of this Chapter and shall meet the reauirements set forth in California Civil Code Section 835 and below: Electric fences shall only be permitted on properties abutting a railroad right- of-way. Electric fences shall be located at least one hundred and fifty (150) linear feet from a property used for residential or public park use, or any property zoned for such a use, or schools (K-12) as defined by Section 11362.768 of the Health and Safety Code. Electric fences are only permitted in a rear or side yard which is not viewable from a aublic street. No electric fence shall be permitted, installed, or used unless it is completely surrounded and screened by a nonelectric wall that is at least six (6) feet in height. In no case shall the electric fence encroach into any required setback area. Electric fences may exceed the height of the surrounding nonelectric wall by ua to 18 inches. Any portion of the electric fence extending beyond the height of the surrounding nonelectric screen wall shall be angled away from the property line at a 45-degree upward slope. Electric fences shall be set back from existing walls and fences in a manner so as to prevent accumulation of debris and to prevent unsafe conditions from forming in any resulting gap from the setback required by this subsection. In no case shall an electric fence exceed the maximum fence height established in subsection (a). n Electric fences shall be installed to be as minimally intrusive as possible. City Council 39 — 15 019,06 vQ39-xxx Page 10 of 12 �10)No electric fence shall be energized during advertised business hours. L11)Electric fences shall be identified by prominently placed warning signs that are legible from both sides of the fence. At minimum, the warning signs shall meet all of the following criteria: The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding thirty (30) feet. The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards. JQ The warning signs are marked with written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written or commonlv recoanized svmbol about the danaer of touchina the fence in wet conditions. L12)Electric fences equipped with monitored alarm systems may require an alarm use permit. 13 Accessibility to emergency personnel and first responders must be maintained through the use of a knox box or other access feature as determined by the Oranae Countv Fire Authoritv and the Santa Ana Police Department. L14)The applicant and property owner shall enter into an agreement holding the City of Santa Ana harmless from all legal actions that may arise due to the operation of the electrified fence. The agreement shall be recorded with the Property and shall release the City of Santa Ana from all liability whatsoever. Section 16. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Section 17. The City Council hereby declares, based on the findings set forth above, the urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare. Section 18. This ordinance shall become effective immediately upon its adoption. Section 19. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining City Council 39 — 16 01XI 9QRQ.3A-xxx Page 11 of 12 portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 20. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: J4 John M. Funk Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 2022. CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana City Council 39 — 17 01910,1 vQ39-xxx Page 12 of 12 Human Resources www.santa-ana.org/departments/human-resources/ i Item # 40 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Increase Transparency with City Labor Negotiations AGENDA TITLE: Increase Transparency with City Labor Negotiations RECOMMENDED ACTION Accept informational report and provide direction to staff. DISCUSSION On October 4, 2022, the City of Santa Ana City Council ("Council") directed staff to bring back options in regards to increasing transparency with City labor negotiations, specifically labor negotiations with the Santa Ana Police Officers Association ("SAPOA" ). Labor Negotiations between the City of Santa Ana ("City") and its respective labor unions is governed by California Government Code ("GC") §3500 (Meyers-Milias Brown Act or "MMBA"). The MMBA of 1968 established collective bargaining for California's municipal, county, and local special district employers and employees. GC §3505 states in part, "The governing body of a public agency,..., shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of such recognized employee organizations, as defined in subdivision (b) of Section 3501, and shall consider fully such presentations as are made by the employee organization on behalf of its members prior to arriving at a determination of policy or course of action." Pursuant to the MMBA, each party must negotiate in good faith and to endeavor to reach an agreement on matters within the scope of representation. Labor negotiations between public municipalities, including the City, and labor unions ("labor," "unions," or "labor unions") generally occur in private; that is, negotiations are closed from the public and the public does not view and/or opine on the City or labor's proposal(s). At the onset and during the course of labor negotiations (with a respective union), the City's labor strategy is discussed and determined during Council closed session deliberation and conveyed via the City's labor representative to a respective labor union at the negotiation table. As a local municipality may be negotiating simultaneously with multiple labor unions, it is City Council 40 — 1 12/20/2022 Increase transparency with City labor negotiations December 20, 2022 Page 2 essential to retain the confidentiality of the City's respective labor strategy. However, there are options to increase transparency with labor negotiations. With that said, there are three options for ongoing and future labor negotiations, which include- (1) Maintain the status quo for conducting labor negotiations. Specifically, the City's labor representative receives Council direction during closed session deliberation and proposals between the parties are exchanged in a closed, non-public negotiation sessions; (2) Adopt a set of collective bargaining rules between the City and its respective labor unions which negotiations are conducted in an open setting so that members of the public who wish to observe can do so; or (3) Adopt a quasi -modified style of labor negotiations, in which the City's labor representative would continue to receive Council direction regarding the City's labor strategy during closed session deliberation and proposals between the parties would continue to be exchanged in closed, non-public negotiation sessions. However, the City would publically post (via the City website) the City and labor's proposals and costing of said proposals, after said has been exchanged between the parties during the course of negotiations. This option is done at a few agencies in Southern California who have adopted transparency ordinances requiring the posting of proposals. In Orange County, this includes the cities of Huntington Beach and Costa Mesa. In regards to option 2 above, the City would need to develop proposed rules for conducting labor negotiations in public, and the City would be required to meet and confer with each labor union over the proposed rules. Moreover, it would likely be an unfair labor practice charge to refuse to bargain with labor unions except for in a public setting. In regards to option 3 above, the City is not required to meet and confer with the respective labor unions to publically post the City and labor's proposals and costing of said proposals, after said has been exchanged between the parties during the course of negotiations. Accordingly, if Council desires to increase transparency with City labor negotiations and modify how negotiations are currently conducted, staff recommends the Council adopt option 3 above for labor negotiations between the City and all respective labor unions (not solely the SAPOA). It is significant to note that option 3 can be implemented immediately for all ongoing and future labor negotiations. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact. City Council 40 — 2 12/20/2022 Increase transparency with City labor negotiations December 20, 2022 Page 3 Submitted By: Jason Motsick, Executive Director of Human Resources Approved By: Kristine Ridge, City Manager City Council 40 — 3 12/20/2022 Planning and Building Agency santa-ana.org/departments/planning-and-building/ Item # 41 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Amendment Application No. 2022-01 and Appeal Nos. 2022-01 and 2022-02 appealing Planning Commission Approval of Conditional Use Permit No. 2022-14 for the Property Located at 1700-1740 E. Garry Avenue. AGENDA TITLE: Amendment Application No. 2022-01 to Change the Zoning District From Professional to Light Industrial and Appeal Nos. 2022-01 and 2022-02 Appealing Planning Commission Approval of Conditional Use Permit No. 2022-14 to Permit the Establishment of Distribution Uses within an Industrial Building to be Constructed at 1700-1740 E. Garry Avenue. RECOMMENDED ACTION 1. Adopt a resolution denying Appeal Application Nos. 2022-01 and 2022-02 and upholding the determination of the Planning Commission to approve Conditional Use Permit No. 2022-14 as conditioned, and 2. Adopt an ordinance approving Amendment Application No. 2022-01 EXECUTIVE SUMMARY Rob Mitchell (Applicant), representing Greenlaw Partners (Property Owner), is requesting approval of two entitlements for the Garry Avenue Business Park, a 91,500-square foot industrial structure proposed at 1700, 1720, and 1740 East Garry Avenue. Specifically, the applicant is requesting approval an Amendment Application (AA) to change the property's zoning district from Professional (P) to Light Industrial (M1), and a conditional use permit (CUP) to allow distribution uses. The request is being recommend for approval because the project has been designed to minimize impacts onto surrounding properties, will satisfy a growing need for warehousing and distribution services in the region, and will provide investment in an existing industrial/office area of the City. City Council 41 — 1 12/20/2022 Garry Avenue Business Park Amendment Application, Appeal Applications, and Conditional Use Permit — 1700, 1720, and 1740 East Garry Avenue December 20, 2022 Page 2 Prior Planning Commission Action At its regular meeting on August 22, 2022, the Planning Commission received a report and staff presentation, and public comments, on the subject application. During the public hearing, representatives of the adjacent property at 1800 and 1820 East Garry Avenue spoke in opposition to the project, raising concerns about the potential impacts of truck traffic between the two properties. To provide the applicant sufficient time to propose solutions limiting truck traffic between the two properties, the Planning Commission continued the item to the regular meeting on October 10, 2022, from the meetings of August 22nd and September 261" of 2022. After receiving a staff presentation and public comments regarding the changes to the project, the Commission voted unanimously to 1) adopt a resolution approving Conditional Use Permit No. 2022-14 and 2) to forward Amendment Application No. 2022-01 to the City Council with a recommendation that the City Council adopt an ordinance approving the zone change. Appeal Applications On October 18, 2022 and on October 19, 2022, appellants Molly Greene with Lozeau Drury LLP, on behalf of Supporters Alliance for Environmental Responsibility (SAFER) and Melinda Luthin with Melinda Luthin Law, on behalf of Garry Plaza Office Park Association, filed respective appeal applications, Appeal Nos. 2022-01 and 2022-02, respectively, pertaining to the Planning Commission's approval of Conditional Use Permit No. 2022-14. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41 of the Santa Ana Municipal Code (SAMC). DISCUSSION Table 1: Project and Location Information Item Information Project Address and Council Ward 1700-1740 East Garry Avenue — Ward 4 Nearest Intersection Garry Avenue and Pullman Street General Plan Designation Existing Proposed Industrial/Flex (FLEX) - 3 Industrial/Flex (FLEX) — 3 (no change) Zoning Designation Professional (P) (inconsistent with General Plan) Light Industrial (Ml) (consistent zoning with General Plan) Surrounding Land Uses North Professional Offices East I Professional Offices City Council 41 —2 12/20/2022 Garry Avenue Business Park Amendment Application, Appeal Applications, and Conditional Use Permit — 1700, 1720, and 1740 East Garry Avenue December 20, 2022 Page 3 Item Information South Vacant (Alton Avenue right-of-way) and Industrial West Costa Mesa SR-55 Freeway Site Size 5.13 acres Existing Site Development Developed with three professional office buildings containing a total of 105,558 square feet, constructed between 1972 and 1974 Use Permissions Allowed with approval of a zone change and CUP Zoning Code Sections Affected Development Standards Section 41-471 et seq. Uses Section 41-472.5 i Project Description The applicant is requesting to demolish three office buildings with a total of 105,558 square feet to construct a 91,500-square foot, 43.5-tall industrial building for warehousing and distribution purposes. Of the total square footage, 81,500 square feet will be used for warehousing and distribution activities, and 10,000 square feet will be used for supportive/ancillary office areas. A total of 10 loading docks will be provided at the rear (south) portion of the building. The building has been designed to allow the construction of future demising wall to create two tenant spaces. In addition to the new structure, the site will be improved with new landscaping, paving, onsite parking, and improvements to the public right-of-way. The improvements include onsite landscaping and a landscape edge along the SR-55 Freeway that takes into account the freeway's future widening, scheduled to begin in 2022. In addition, the project site will provide 145 onsite parking spaces, an onsite employee amenity area, enhanced paving at driveway entrances, new curb and gutter, street lights, and paving along the project frontage on Garry Avenue. Although not required, the project will provide an onsite walkway for pedestrians along the project frontage. The design of the structure is contemporary, with exterior finishes that would enhance the building's presence along the SR-55 Freeway. The building will contain a mixture of materials, including performance vision glass, metal awnings, and concrete panels painted in white, various shades of tan and brown, and soft green hues. The building's elevations have been designed to allow for placement of future wall signage to ensure compliance with applicable SAMC requirements. The project is intended to be constructed in a single phase. City Council 41 — 3 12/20/2022 Garry Avenue Business Park Amendment Application, Appeal Applications, and Conditional Use Permit — 1700, 1720, and 1740 East Garry Avenue December 20, 2022 Page 4 Project Analysis Table 2: Conformance to Light Industrial (M1) Development Standards Standards Required by SAMC Provided Building Height Unlimited if in Height District II Complies; 43.5 Feet Minimum Lot Size and 12,000 square feet size and Complies; 223,463 square Street Frontage 100 feet of street frontage feet and 330 feet Setbacks 10 feet if along a non -arterial Complies; 26 feet provided roadway None alongside/rear property Complies; 10-foot landscape lines buffer provided at east, south, and west property lines Parking 1 space per 1,000 square feet Complies; 92 parking spaces for warehouses with required and 145 parking distribution services spaces provided. Of these, the developer will construct 8 spaces for use by the adjacent property, to be accessible via a recorded easement, to ensure ongoing compliance with SAMC parking requirements Landscaping Minimum 5-foot landscape Complies; 26 feet provided strip along non -arterial along Garry Avenue and 10 roadways, and Minimum 10- feet provided along east, foot landscape strip where south, and west property lines abutting non -industrial properties Screening Minimum 8-foot high wall Complies; 10-foot high wall required where loading proposed at south property activities occur line to screen loading docks from Alton Avenue right-of- way Floor Area Ratio (FAR) Maximum 3.0 Com lies; 0.43 Proposed As shown in Table 2 above, the proposed project meets the development standards of the proposed M1 zoning district designation for which a change in land use classification from Professional to Manufacturing is being sought. Additionally, the project and site plan have been designed to minimize impacts onto surrounding properties by placing the building's loading docks to face south toward the vacant Alton Avenue right-of-way to minimize noise and aesthetic impacts onto adjacent developed properties. The site plan, as designed, would continue to meet development standard of the M-1 zone if Caltrans builds the Alton Avenue bridge over the SR-55 Freeway by providing a solid screen wall with 10-foot wide landscape buffer along the freeway, which will allow for mature trees, City Council 41 — 4 12/20/2022 Garry Avenue Business Park Amendment Application, Appeal Applications, and Conditional Use Permit — 1700, 1720, and 1740 East Garry Avenue December 20, 2022 Page 5 shrubs, and groundcover to be maintained long-term along the westerly (freeway - adjacent) property line. Lastly, the project site is in an area identified by the General Plan for industrial uses, pursuant to the Industrial/FLEX land use designation. Vehicles and trucks entering and departing from the project site will not travel through any neighborhoods containing sensitive land uses, such as residences, schools, or parks. The new General Plan also designates surrounding properties Industrial/FLEX, and Garry Avenue and Pullman Street provide direct access to the SR-55 Freeway by way of the Dyer Road interchange, a driving distance of half a mile (0.50 miles). Amendment Application The subject site is zoned Professional (P). The development standards pertaining to the Professional zoning district would render the project unfeasible, as warehousing and distribution uses are prohibited by the P zoning district. Approval of an amendment application to change the zoning district to Light Industrial (M1) is required for the project. The General Plan identifies on Table LU-A-1 that the Interim Development Standard for the FLEX-3 area is M1. The project has been designed to conform to all applicable standards of the M1 zoning district. Although warehousing uses are permitted by -right in the M1 zoning district, distribution uses require approval of a conditional use permit (CUP) by the Planning Commission. The zoning district designation of M1 enables the applicant to request the required CUP application to permit or conditionally permit the proposed distribution use. Moreover, the proposed M1 zoning district designation is consistent with the new Industrial/FLEX General Plan Land Use Element designation for the site. This land use designation by the General Plan encourages developments that provide context appropriate development in areas with existing industrial uses. The building has been designed to feature taller height and contemporary finishes to ensure it remains aesthetically compatible with the surrounding area, even as adjacent properties may redevelop with new industrial or mixed -use office, industrial, and/or research and development uses. Conditional Use Permit CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. City Council 41 — 5 12/20/2022 Garry Avenue Business Park Amendment Application, Appeal Applications, and Conditional Use Permit — 1700, 1720, and 1740 East Garry Avenue December 20, 2022 Page 6 To operate a warehouse and distribution facility, the project requires approval of a CUP pursuant to Section 41-472 (i) of the SAMC. Approval of the CUP would be consistent with the General Plan and would not be injurious or detrimental to surrounding properties. As analyzed in previous sections of this report, the development has been designed to minimize impacts onto surrounding properties and comply with all applicable development standards for the M1 zoning district. In addition, the project site is located within an area that is not near sensitive land uses such as residential neighborhoods, schools, or parks. Moreover, access to the SR-55 Freeway is provided at the Dyer Road interchange, by way of Garry Avenue and Pullman Street, a distance of less than 0.50 driving miles. Lastly, the loading docks have been positioned at the south of the building in order to minimize noise and aesthetic impacts onto surrounding properties. Approval of the CUP and amendment application would also be consistent with various goals and policies of the General Plan as follow: • Goal LU-2: Land Use Needs — Provide a balance of land uses that meet Santa Ana's diverse needs. o Policy LU- 2.1 Employment Opportunities — Provide a broad spectrum of land uses and development that offer employment opportunities for current and future Santa Ana residents. o Policy LU-2.6 Encourage Investment — Promote rehabilitation of properties and encourage increased levels of capital investment to create a safe and attractive environment. o Policy LU-2.7 Business Incubator. Support land use decisions that encourage the creation, development, and retention of businesses in Santa Ana. Goal LU-3: Compatibility of Uses — Preserve and improve the character and integrity of existing neighborhoods and districts. o Policy LU-3.4 Compatible Development — Ensure that the scale and massing of new development is compatible and harmonious with the surrounding built environment. o Policy LU-3.7 Attractive Environment — Promote a clean, safe, and creative environment for Santa Ana's residents, workers, and visitors. o Policy LU-3.8 Sensitive Receptors — Avoid the development of industry and sensitive receptors in close proximity to each other that could pose a hazard to human health and safety due to the quantity, concentration, or physical or chemical characteristics of the hazardous materials utilized, or the hazardous waste an operation may generate or emit. Lastly, the amendment application is consistent with the General Plan Appendix A, Table LU-A-2. Interim Industrial Flex Uses for the M-1 that allows warehousing. Conditions of approval address construction -related and ongoing operational impacts that could result from the project, including the requirement to install the height -restriction bars City Council 41 — 6 12/20/2022 Garry Avenue Business Park Amendment Application, Appeal Applications, and Conditional Use Permit — 1700, 1720, and 1740 East Garry Avenue December 20, 2022 Page 7 limiting truck traffic described in the Executive Summary portion of this report. Those conditions are attached as Exhibit A to the CUP resolution. Appeal Applications Pursuant to Section 41-645 an appeal from a decision of the Planning Commission can be made by an interested party, individual or group. Two appeal applications were received appealing the Planning Commission's decision to approve Conditional Use Permit No. 2022-14. Appeal No. 2022-01: Molly Greene on Behalf of Supporters Alliance for Environmental Responsibility (SAFER) The SAFER appellant is requesting that the City Council overturn the Planning Commission's decision based on lack of compliance with the California Environmental Quality Act (CEQA) by failing to prepare a supplemental or tiered EIR for the project. SAFER's appeal states that the preparation of an exemption pursuant to Section 15183 of the California Environmental Quality Act (CEQA) Guidelines fails to provide evidence to support the Exemption Checklist's findings that the project will not involve environmental effects that: (1) Are peculiar to the project or the parcel on which the project would be located, (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan or community plan with which the project is consistent, (3) Are potentially significant off -site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. Specifically, SAFER's appeal states that the project could have significant air quality impacts, health impacts, and greenhouse gas emissions impacts, therefore requiring additional CEQA analysis under Section 15183. The City has evaluated the project in full compliance with the provisions of CEQA. After a thorough evaluation and preparation of an initial study checklist, the City prepared an exemption pursuant to CEQA Guidelines Section 15183. Pursuant to California Public Resources Code (PRC) Section 21083.3 and State CEQA Guidelines Section 15183, projects that are "consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site." As detailed in the Environmental Impact section of this report, the project was fully evaluated to determine if there are any project -specific significant effects which are peculiar to the project or its site, and none were subsequently determined. Therefore, the Section 15183 exemption prepared for the project is the appropriate form of City Council 41 — 7 12/20/2022 Garry Avenue Business Park Amendment Application, Appeal Applications, and Conditional Use Permit — 1700, 1720, and 1740 East Garry Avenue December 20, 2022 Page 8 environmental review. A complete response to SAFER's appeal is provided as Exhibit 13 to this report. Appeal No. 2022-02. Melinda Luthin on Behalf of Garry Plaza Office Park Association The Garry Plaza Office Park Association appellant is requesting that the City Council overturn the Planning Commission's decision based on 21 factors that center largely on the issues of the Planning Commission public hearing and action to approve the CUP, existing easements on site, General Plan and zoning consistency, and California Environmental Quality Act (CEQA) conformance. During its regular meeting on October 10, 2022, the Planning Commission held a duly -noticed public hearing on the item in accordance with all SAMC and state requirements, after which it approved the CUP and recommended City Council approval of the Amendment Application. The Planning Commission packet prepared for the project contained all necessary information for the Planning Commission to evaluate the applicant's request. The issue of the onsite easements, also raised by the appeal, has been thoroughly evaluated and is analyzed in detail in Exhibit 15 attached to this report. The only cross -property easement between the subject property and the adjacent property to the east is a general, private easement for unspecified reciprocal ingress and egress and is therefore a civil matter between the two parties to resolve; to support this, a condition of approval on the CUP resolution requires that any reciprocal easements be modified or quitclaimed as needed prior to building permit issuance. Moreover, the project has been fully evaluated using the existing FLEX land use designation in the General Plan and using the proposed M1 zoning district designation. The proposed M1 zoning district designation will bring the site into consistency with the FLEX land use designation, and the project will conform to development standards prescribed by the M1 zoning district. Lastly, as described in the Environmental Impact section of this report and elaborated on in Exhibit 13, the project was fully evaluated for CEQA conformance, and the exemption prepared pursuant to Section 15183 of the CEQA Guidelines is the required form of analysis for the proposed project. A full response to the 21 claims made in Appeal No. 2022-02 is provided as Exhibit 15, attached to this report. Public Notification and Community Outreach Public notifications were posted, published, and mailed in accordance with City and State regulations. There are no established Neighborhood Associations in the vicinity as the property is surrounded by industrial and office uses within the 1,000-foot radius. In addition to the standard notification requirements, the project is subject to community engagement requirements of the Sunshine Ordinance (SAMC Sec. 2-153). At the time the application was submitted, the Sunshine Ordinance required only one community City Council 41 — 8 12/20/2022 Garry Avenue Business Park Amendment Application, Appeal Applications, and Conditional Use Permit — 1700, 1720, and 1740 East Garry Avenue December 20, 2022 Page 9 meeting; however, the applicant held two communities in order to provide ample public input opportunities to surrounding property owners. Both meetings were conducted virtually due to the ongoing impacts of the Covid-19 pandemic at the time. The first community meeting was held July 8, 2021. Ten members of the community attended and posted questions relating to construction impacts and the site plan design. Because of this meeting, the original site plan was rotated 90 degrees clockwise to orient the loading docks from facing east to facing south, to minimize impacts onto properties to the north and east of the site. The second community meeting was held October 5, 2021, during which 11 members of the community attended and expressed satisfaction with the revised site plan and posed questions about traffic control, site screening, and construction impacts. Materials from both community meetings are included with this report as Exhibit 11, and all materials were published to the project's webpage on the City's website at santa-ana.org/garry-avenue-business-park. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to 15183 of the CEQA Guidelines. This type of exemption analysis evaluates whether the potential environmental impacts of the proposed demolition of three office buildings, which total 105,558 square feet, and construction of a new 91,500 square foot light industrial warehousing building that would accommodate two tenants are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). As set forth in California Public Resources Code (PRC) Section 21083.3 and State CEQA Guidelines Section 15183, projects that are "consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site" (State CEQA Guidelines Section 15183(a) and PRC Section 21083.3(b)). The State CEQA Guidelines further state that "[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards [... ] then an additional EIR need not be prepared for the project solely on the basis of that impact" (State CEQA Guidelines Section 15183(c))." The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. A project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified City Council 41 — 9 12/20/2022 Garry Avenue Business Park Amendment Application, Appeal Applications, and Conditional Use Permit — 1700, 1720, and 1740 East Garry Avenue December 20, 2022 Page 10 GPU EIR and complies with the associated standards applicable to that development density (State CEQA Guidelines Section 15183(i)(2)). Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. The GPU identifies that the Interim Development Standard for the FLEX-3 area is M1. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses. The Project would result in a FAR of 0.42, which is within the projections of the GPU EIR, which evaluated a density of 3.0 FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project, identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. The Project, therefore, qualifies for an exemption from additional environmental review as set forth in State CEQA Guidelines Section 15183. The full exemption analysis is provided as Exhibit 10 of this report. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-54 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Amendment Application Ordinance 2. Appeal of Conditional Use Permit Resolution 3. Vicinity Zoning and Aerial View 4. Site Photo 5. Site Plan 6. Floor Plan 7. Landscape Plans 8. Building Elevations 9. Renderings 10. Environmental Analysis and Exemption 11. Sunshine Ordinance Meeting Materials 12. Molly Greene (SAFER) Appeal No. 2022-01 13. City Response to Molly Greene (SAFER) Appeal No. 2022-01 14. Melinda Luthin Appeal No. 2022-02 15. City Response to Melinda Luthin Appeal No. 2022-02 Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 41 —10 12/20/2022 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2022-01 AMENDING THE ZONING MAP FOR THE PROPERTY LOCATED AT 1700, 1720, AND 1740 EAST GARRY AVENUE (APN 430-171-07) FROM PROFESSIONAL (P) TO LIGHT INDUSTRIAL (M1) THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Rob Mitchell ("Applicant"), representing Greenlaw Partners ("Property Owner") is requesting approval of Amendment Application (AA) No. 2022-01 to change the zoning designation of the property located at 1700, 1720, and 1740 East Garry Avenue (APN 430-171-07) from Professional (P) to Light Industrial (M1) in order to facilitate construction of a new, 91,500-square foot industrial warehouse and distribution building. B. Chapter 41, Article I, Division 1, Section 41-1 of the Santa Ana Municipal Code establishes that because of the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land; and regulating the location, height, bulk and size of buildings and structures, the size of yards and open spaces, the City is divided into land -use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to: encourage the most appropriate use of land, conserve and stabilize property value, provide adequate open spaces for light and air and to prevent and fight fires, prevent undue concentration of population, lessen congestion on streets and highways, and promote the health, safety and general welfare of the people, all as part of the general plan of the City. The City of Santa Ana has adopted a zoning map which has since been amended from time to time. C. The entire Project as currently proposed entails, among other things, (1) demolition of an existing 105,558 square foot office development consisting of three buildings constructed between 1972 and 1974; (2) redevelopment of the Project Site with a 91,500-square foot warehouse and distribution building with ancillary/supportive office spaces and mezzanines, and associated site and public -right-of-way improvements; (3) approval of Conditional Use Permit No. 2022-14 to allow the use of the building as a distribution center; and (4) approval of Amendment City Council 41 —11 r inan�r� age of 6 Application No. 2022-01 to change the site's zoning designation from Professional (P) to Light Industrial (M1). D. The applicant has demonstrated compliance with all requirements of the Sunshine Ordinance codified at Santa Ana Municipal Code Section 2-153, including public notification and hosting of required community meetings. Materials resulting from the meetings were subsequently posted to the City's webpage for the project. E. On August 22, 2022, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2022-01. Following information received during the public hearing, the Planning Commission continued the item to its regular meeting on September 26, 2022, after which the project was continued to its regular meeting on October 10, 2022. During said October 10, 2022 meeting, the Planning Commission voted unanimously to adopt a resolution approving Conditional Use Permit No. 2022-14 and to recommend that the City Council adopt an ordinance approving Amendment Application No. 2022-01. F. On October 18, 2022 and on October 19, 2022, appellants Molly Greene with Lozeau Drury LLP, on behalf of Supporters Alliance for Environmental Responsibility (SAFER) and Melinda Luthin with Melinda Luthin Law, on behalf of Garry Plaza Office Park Association, filed respective appeal applications, Appeal Nos. 2022-01 and 2022-02, respectively, for Conditional Use Permit No. 2022-14. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41 of the SAMC. The Conditional Use Permit application and two appeal applications are subject to concurrent City Council consideration with this Amendment Application. G. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the General Plan. The General Plan identifies on Table LU-A-1 that the Interim Development Standard for the FLEX-3 area is M1. The subject site is designated by the General Plan Land Use Element as FLEX-3. This land use designation by the General Plan encourages developments that provide context appropriate development in areas with existing industrial uses. The building has been designed to feature taller height and contemporary finishes to ensure it remains aesthetically compatible with the surrounding area, even as adjacent properties may redevelop with new industrial or mixed -use office, industrial, and/or research and development uses. The project has been designed to conform to all applicable standards of the M1 zoning district. City Council 41 — 12 r inaI� Mae of 6 H. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on December 20, 2022. The City Council also adopts as findings all facts presented in the Request for Council Action dated December 20, 2022, accompanying this matter. J. For the reasons contained herein, and each of them, Amendment Application No. 2022-01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code; thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The Amendment Application consists of amendments to the Zoning Map, as shown in Exhibit A, attached hereto and incorporated herein by reference. Section 3. The City Council has reviewed and considered the information contained in the analysis performed pursuant to the California Environmental Quality Act (CEQA) (Environmental Review No. 2021-54). Pursuant to Public Resources Code section 21083.3 and CEQA Guidelines Section 15183, the Project is exempt from further review. This type of exemption analysis evaluates whether the potential environmental impacts of the proposed demolition of three office buildings, which total 105,558 square feet, and construction of a new 91,500 square foot light industrial warehousing building that would accommodate two tenants, are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). A rezoning that is consistent with an adopted general plan falls within this exemption. (A) As set forth in CEQA Guidelines Section 15183(a), projects that are "consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site." The CEQA Guidelines further state that "[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards ... then an additional EIR need not be prepared for the project solely on the basis of that impact." CEQA Guidelines Section 15183(c). (B) The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. A project is consistent with the GPU if its development density is the same or less than the standard expressed for the involved parcel in the general plan for which an EIR has been certified, and the project complies with the density -related standards contained in that plan. CEQA City Council 41 — 13 r inaI Mae of 6 Guidelines section 15183(i)(2). Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. (C) The GPU identifies that the Interim Development Standard for the FLEX-3 area is M1. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, and wholesale businesses. The Project would result in a FAR of 0.42, which is within the projections of the GPU EIR, which evaluated a density of 3.0 FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project and identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. (D) Specifically, the Project qualifies for the exemption because the following findings can be made: 1. The Project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. The Project would result in a FAR of 0.42, which is less than the maximum FAR of 3.0 allowable in the FLEX-3 designated area, which is the development density established by the GPU and analyzed in the GPU EIR. The Project site has an Interim Development Standard of M-1 (light Industrial zone). The M-1 zone does not have density requirements. 2. There are no Project specific effects which are peculiar to the Project or its site, and which the GPU EIR failed to analyze as significant effects. The subject property is similar to other properties in the area, including its land use designation and zoning. The property does not support any peculiar environmental features, and the Project would not result in any peculiar effects. In addition, as explained further in the prepared Exemption Checklist, project impacts were adequately analyzed by the GPU EIR; and as detailed in the GPU EIR, development projects pursuant to the GPU, such as the proposed Project, could result in potentially significant impacts to air quality, cultural resources, paleontological resources, noise, and tribal cultural resources. However, applicable mitigation measures specified within the GPU EIR would reduce potential impacts to a less than significant level. 3. There are no potentially significant off -site and/or cumulative impacts which the GPU EIR failed to evaluate. The Project is consistent with the density and use characteristics of the development considered by the GPU EIR and would represent a small part of the growth that was forecast for build -out of the GPU. The GPU EIR considered the incremental impacts of the Project, and as explained further in the prepared Exemption Checklist, no potentially significant off -site or cumulative impacts have been identified which were not previously evaluated. 4. There is no substantial new information which results in more severe impacts than anticipated by the GPU EIR. As explained in the prepared Exemption City Council 41 — 14 r inaI2?XX age of 6 Checklist, no new information has been identified which would result in a determination of a more severe impact than what had been anticipated by the GPU EIR. 5. As explained in the prepared Exemption Checklist, the Project will undertake feasible mitigation measures specified in the GPU EIR. These GPU EIR mitigation measures will be undertaken through Project design, compliance with regulations and ordinances, and through the Project's conditions of approval. (E) The Project therefore qualifies for an exemption from additional environmental review as set forth in Public Resources Code section 21083.3 and CEQA Guidelines Section 15183. The full exemption analysis is provided as Exhibit 10 of the staff report accompanying this Ordinance. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-54 will be filed for this project. Section 4. Conditional Use Permit No. 2022-14 and two appeal applications are subject to concurrent City Council consideration with this Amendment Application. Section 5. An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein. Section 6. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Amendment Application No. 2022-01. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 10, 2022, the Request for Council Action dated December 20, 2022, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 8. This Ordinance shall become effective thirty (30) days after its adoption. Section 9. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2022. City Council 41 — 15 r inaI Mae of 6 Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney John M. Funk Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, 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 , 2022 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 City Council 41 — 16 r inane age of 6 A 1 29-5-9 29-5-9 z � n M7 Mi M7 SDS O a O ,'♦ cJ M7 '• Qg HDTEL TERRACED0. 0 ` SD12 '• N Rti ,♦ M1 deeem c SD96 ; D63 M1 Fc, Fvr, � � ♦ SD12 M1 oy2 �I I I w E DYER RD u ♦ I gS FU��pN 00 M2 02 O � �pI M1 0� 1 �q/- oFF � � ♦ q� R I z D r N/A Pnnt D.. W1&2022 N/A �\� ZONING DISTRICTS Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO- FAMILY RESIDENCE - B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE -FAMILY RESIDENCE -OZ OVERLAYZONE Cl-MD COMMUNITY COMMERCIAL - MUSEUMDIST. M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT PLANNED RESIDENTIAL PRD DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER 0 OPENSPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFICPLAN CR COMMERCIAL RES IDENTIAL R1 I SINGLE-FAMILY RESIDENCE OZ1 I METRO EAST OVERLAY ZONE Sectional District Map: IRS-9 e - City of Santa Ana, California City Council Exhibit: A41 — 17 12/20/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NOS. 2022- 01 AND 2022-02 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 2022-14 AS CONDITIONED TO ALLOW A DISTRIBUTION FACILITY FOR THE PROPERTY LOCATED AT 1700, 1720, AND 1740 EAST GARRY AVENUE (APN 430-171-07) 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. Rob Mitchell ("Applicant"), representing Greenlaw Partners ("Property Owner") is requesting approval of Conditional Use Permit No. 2022-14 to allow a warehouse distribution facility at the property located at 1700, 1720, and 1740 East Garry Avenue (APN 430-171-07). B. Concurrently, the Applicant is requesting approval of Amendment Application (AA) No. 2022-01 to change the zoning designation of the property from Professional (P) to Light Industrial (M1) in order to facilitate construction of the subject 91,500-square foot industrial warehouse and distribution building. C. Pursuant to Santa Ana Municipal Code ("SAMC") Section 41-472.5(i), a Conditional Use Permit is required for distribution facilities in the M1 zoning district within the City of Santa Ana. D. On August 22, 2022, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2022-14 approving the establishment of a distribution facility at the subject property. Following information received during the public hearing, the Planning Commission continued the item to its regular meeting on September 26, 2022, after which the project was continued to its regular meeting on October 10, 2022. During said October 10, 2022 meeting, the Planning Commission voted unanimously to adopt a resolution approving Conditional Use Permit No. 2022-14 and to recommend that the City Council adopt an ordinance approving Amendment Application No. 2022-01. E. On October 18, 2022 and on October 19, 2022, appellants Molly Greene with Lozeau Drury LLP, on behalf of Supporters Alliance for Environmental Responsibility (SAFER) and Melinda Luthin with Melinda Luthin Law, on behalf of Garry Plaza Office Park Association, filed respective appeal City Council 41 — 18 eso u T2 age of 12 applications, Appeal Nos. 2022-01 and 2022-02, respectively, for Conditional Use Permit No. 2022-14. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41 of the SAMC. To support the City's recommendation to deny the appeal applications and uphold the Planning Commission's approval of Conditional Use Permit No. 2022-14, the City prepared a response to the comments contained within both appeals, attached to the Request for Council Action (RFCA) staff report, dated December 20, 2022, contained within the report and attached thereto as Exhibit 13. F. On December 20, 2022, the City Council held a duly noticed public hearing on Amendment Application No. 2022-01 and on Appeal Nos. 2022-01 and 2022-02 for Conditional Use Permit No. 2022-14. G. The City Council determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Sections 41-638 and 41-645, have been established for Conditional Use Permit No. 2022-14 to allow a new warehousing and distribution facility within the M1 zoning district: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The proposed use will contribute to the general well-being of the community by providing a use that satisfies a growing demand for warehousing and distribution activities in the region, following the effects of the Covid-19 pandemic. The site plan and building have been designed to minimize impacts on surrounding properties and to enhance the surrounding community with a building and site that will provide elevated architecture, landscaping, site, and right-of- way improvements. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed warehouse and distribution facility at this location would not be detrimental to persons residing or working in the area as the subject site is located within a professional office and light industrial area and not immediately adjacent to residential uses, schools, or parks. The nearest residential property is 0.43 miles (2,290 feet) due north from the subject site, across the Costa Mesa (SR-55) City Council 41 — 19 eso u T2 age of 12 Freeway. In addition, the project site is located within an area that is not near sensitive land uses such as residential neighborhoods, schools, or parks. Moreover, access to the SR-55 Freeway is provided at the Dyer Road interchange, by way of Garry Avenue and Pullman Street, a driving distance of less than 0.50 miles. Moreover, the loading docks have been positioned at the south of the building in order to minimize noise and aesthetic impacts onto surrounding properties. Following public comments provided during the August 22, 2022 regular Planning Commission meeting, the applicant modified the site plan to include height -restriction bars that will prohibit truck traffic on the eastern portion of the site, thereby minimizing impacts to the adjacent properties. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed facility would be compatible with the surrounding area and will not adversely affect the economic viability in the area. The proposed use would redevelop a site containing aging office buildings with a modern warehousing and distribution facility that has been designed to minimize impacts onto surrounding land uses and to conform to all applicable development standards of the M1 zoning district. The project site is in an area identified by the General Plan for industrial uses, pursuant to the Industrial/FLEX land use designation. Vehicles and trucks entering and departing from the project site will not travel through any neighborhoods containing sensitive land uses, such as residences, schools, or parks. The new General Plan also designates surrounding properties Industrial/FLEX, and Garry Avenue and Pullman Street provide direct access to the SR-55 Freeway by way of the Dyer Road interchange, a driving distance of half a mile (0.50 miles). 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The use will comply with all regulations and conditions identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. In addition to conforming to the development standards of the proposed M1 zoning district designation, the project and site plan have been designed to minimize impacts onto surrounding properties. Primarily, the building's loading docks have been placed facing south toward the vacant Alton City Council 41 — 20 eso u iTM P ofxx 12 Avenue right-of-way, to minimize noise and aesthetic impacts onto adjacent, developed properties. The site plan has been designed such that should the Alton Avenue bridge over the SR-55 Freeway be constructed, the project would continue to satisfy all applicable landscape and solid screen wall requirements. As the SR-55 Freeway widening project commences in earnest in late 2022, the project will continue to be able to provide a 10-foot wide landscape buffer along the freeway, which will allow for mature trees, shrubs, and groundcover to be maintained long-term along the project site's western (freeway -adjacent) landscape strip. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The CUP would not adversely affect the General Plan or any specific plan of the City. The CUP is consistent with various goals and policies of the General Plan. These include: Goal LU-1 (Growing responsibly), Policy LU-1.9 (Public facilities and infrastructure); Goal LU-2 (Land Use Needs), Policies LU- 2.1 (Employment opportunities), LU-2.6 (Encourage investment), LU-2.7 (Business incubator), and LU-2.8 (City image); Goal LU-3 (Compatibility of uses), Policies LU-3.4 (Compatible development), LU-3.7 (Attractive environment), and LU-3.8 (Sensitive receptors); and Goal LU-4 (Complete communities), Policies LU-4.2 (Public realm) and LU-4.3 (Sustainable land use strategies). These goals and policies encourage developments that are compatible with surrounding properties, contribute to the overall development of the community, provide employment opportunities, and provide responsible developments that enhance the community. As analyzed in the Planning Commission and City Council staff reports prepared for the project, the proposed warehousing and distribution facility has been designed to satisfy all applicable General Plan goals and policies. Section 2. The City Council has reviewed and considered the information contained in the analysis performed pursuant to the California Environmental Quality Act (CEQA) (Environmental Review No. 2021-54). Pursuant to Public Resources Code section 21083.3, and CEQA Guidelines Section 15183, the Project is exempt from further review. This type of exemption analysis evaluates whether the potential environmental impacts of the proposed demolition of three office buildings, which total 105,558 square feet, and construction of a new 91,500 square foot light industrial warehousing building that would accommodate two tenants, are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). A rezoning that is consistent with an adopted general plan falls within this exemption. City Council 41 — 21 eso u i" Pag of 12 A. As set forth in CEQA Guidelines Section 15183(a), projects that are "consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site." The CEQA Guidelines further state that "[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards .. . then an additional EIR need not be prepared for the project solely on the basis of that impact." CEQA Guidelines Section 15183(c). B. The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. A project is consistent with the GPU if its development density is the same or less than the standard expressed for the involved parcel in the general plan for which an EIR has been certified, and the project complies with the density -related standards contained in that plan. CEQA Guidelines section 15183(i)(2). Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. C. The GPU identifies that the Interim Development Standard for the FLEX-3 area is M1. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, and wholesale businesses. The Project would result in a FAR of 0.42, which is within the projections of the GPU EIR, which evaluated a density of 3.0 FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project and identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. D. Specifically, the Project qualifies for the exemption because the following findings can be made: 1. The Project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. The Project would result in a FAR of 0.42, which is less than the maximum FAR of 3.0 allowable in the FLEX-3 designated area, which is the development density established by the GPU and analyzed in the GPU EIR. The Project site has an Interim Development Standard of M-1 (light Industrial zone). The M-1 zone does not have density requirements. 2. There are no Project specific effects which are peculiar to the Project or its site, and which the GPU EIR failed to analyze as significant effects. The subject City Council 41 — 22 eso u T2 age x 12 property is similar to other properties in the area, including its land use designation and zoning. The property does not support any peculiar environmental features, and the Project would not result in any peculiar effects. In addition, as explained further in the prepared Exemption Checklist, Project impacts were adequately analyzed by the GPU EIR; and as detailed in the GPU EIR, development projects pursuant to the GPU, such as the proposed Project could result in potentially significant impacts to air quality, cultural resources, paleontological resources, noise, and tribal cultural resources. However, applicable mitigation measures specified within the GPU EIR would reduce potential impacts to a less than significant level. 3. There are no potentially significant off -site and/or cumulative impacts which the GPU EIR failed to evaluate. The Project is consistent with the density and use characteristics of the development considered by the GPU EIR and would represent a small part of the growth that was forecast for build -out of the GPU. The GPU EIR considered the incremental impacts of the Project, and as explained further in the prepared Exemption Checklist, no potentially significant off -site or cumulative impacts have been identified which were not previously evaluated. 4. There is no substantial new information which results in more severe impacts than anticipated by the GPU EIR. As explained in the prepared Exemption Checklist, no new information has been identified which would result in a determination of a more severe impact than what had been anticipated by the GPU EIR. 5. As explained in the prepared Exemption Checklist, the Project will undertake feasible mitigation measures specified in the GPU EIR. These GPU EIR mitigation measures will be undertaken through Project design, compliance with regulations and ordinances, and through the Project's conditions of approval. E. The Project therefore qualifies for an exemption from additional environmental review as set forth in Public Resources Code section 21083.3 and CEQA Guidelines Section 15183. The full exemption analysis is provided as Exhibit 10 of the staff report accompanying this Resolution. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-54 will be filed for this project. Section 3. The City Council hereby upholds the determination of the Planning Commission and approves Conditional Use Permit No. 2022-14 and denies Appeal Application Nos. 2022-01 and 2022-02. Conditional Use Permit No. 2022-14 shall not become effective until the City Council adopts an ordinance approving Amendment Application No. 2022-01, and said Amendment Application is in full force and effect. Section 4. Conditional Use Permit No. 2022-14 shall not become effective until the City Council adopts an ordinance approving Amendment Application No. 2022-01, changing the subject property's zoning designation from Professional (P) to Light Industrial (M1), and said Amendment Application is in full force and effect. City Council 41 — 23 eso u T2/%/g of 92 Section 5. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 6. The City Council of the City of Santa Ana, after conducting the public hearing hereby approves Conditional Use Permit No. 2022-14, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to the Request for City Council Action dated December 20, 2022, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this day of , 2022. Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: John M. Funk Chief Assistant City Attorney City Council 41 — 24 eso u iT2/%/g of 92 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers City Council 41 — 25 eso u T Pag of 92 I, Clerk of the Ana on CERTIFICATE OF ATTESTATION AND ORIGINALITY 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 , 2022 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 City Council 41 — 26 eso u T Page of 12 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2022-14 Conditional Use Permit No. 2022-14 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP No. 2021-18). 2. The proposed facility shall be maintained as per approved plans and any existing landscaping shall be enhanced and well maintained. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. 3. All activities shall be conducted entirely within the interior of the building. Outdoor activities shall be prohibited unless otherwise permitted by the City of Santa Ana or per Santa Ana Municipal Code Section 41-195.5. 4. Outdoor storage must be screened by solid walls, pursuant to Santa Ana Municipal Code Section 41-473. 5. The idling of trucks and passenger vehicles on and in the vicinity of the property, including on adjacent streets, is prohibited. 6. Contact information for an onsite manager or other individual responsible for the daily operations of the facility shall be posted in a prominent location at the front entry in the event that noise, traffic, and/or parking complaints need reporting. 7. Administrative offices shall not be subleased for uses not related to the warehousing and distribution facility. 8. Prior to issuance of a building permit for above -ground construction, the applicant shall record a parking and access easement allowing use of the eight (8) proposed parking spaces at the southeast portion of the project site by the adjacent property at 1800 East Garry Avenue (APN: 430-171-09). City Council 41 — 27 eso u i T21�ge of 92 9. Prior to issuance of a building permit for above -ground construction, the applicant shall coordinate with the adjacent property owner(s) at 1800 and 1820 East Garry Avenue to modify or remove any easements as necessary to facilitate construction of the proposed development. Proof of modification or removal of required easements shall be provided to the City prior to issuance of any building permit for above -ground construction. 10. Prior to issuance of a certificate of occupancy, the applicant shall install two height - restriction bars at the eastern driveway and at the southeast portion of the onsite parking lot to restrict truck traffic from the eastern portion of the site. The height - restriction bars shall be designed to allow passage of passenger vehicles but to prohibit large truck traffic from circulating on the eastern portion of the project site, as per Exhibit 5 of the October 10, 2022 Planning Commission and City Council staff reports. 11. The applicant and any subsequent association or management is responsible for installing and routinely maintaining high efficiency Minimum Efficiency Reporting Value (MERV) filters of MERV 13 or better as indicated by the American Society of Heating Refrigerating and Air Conditioning Engineers (ASHRAE) Standard 52.2, in the intake of ventilation systems. Verification of installation shall be provided prior to project occupancy. 12. Prior to issuance of a building permit, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); City Council 41 — 28 eso u i" �ge of 12 c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. City Council 41 — 29 eso u i T21�ge of 92 7/22/22, 3:12 PM AA No. 2022-01 & CUP No. 2022-14, "Garry Avenue Business Park" 1700, 1720, and 1740 East Garry Avenue k } �i��5 •Ly D8' }.' - - M1 `N11 mi J N11 SD63 ,•, l.t.. ID12 r;f /C5 m1 m 1 Oant.a Mna ouul lual y 9❑ M 1 0 �12 I Zoning 2onedesc General Agri cu lru ral SS Community Commercial Community Commercial -Museum DistriR General Commercial � h /I ■ ■ Planned Shopping Center ■ Arterial CnmReidEl ■ Corcial Residential "A mme — jo � i k ■ South Main Street Commercial District Govemment Center ■ light I ntal fff% Heavy ind,Indu ■ strial ■ Open Space land ' Metro East Dverlay Zone M1 � I �i l �11 ■ Professional OP Single -Family Residence ■ Two -Family Residence ■ Multiple -Family Residence & ■ 5uhurban Apartment ■ Residential -Estate T ■ 5pecific Development Mc.l I f ■ Specific Development fio. 11 ■ Specific D-Elopm Ent M . 12 ■ 5pecific Development lio. 13 ■ Specific Development lio. 15 Specific Development lic. 16 ■ Specific Development M 17 {•. ■- specific Dlopm Ent M 18 ■ 5pecific Development lio. 19 ■ Specific Developm e nt lio. 2 Specific Development lic. 20 + ■ Specific Development M . 21 ' ■- specific Dlopm Ent Iio. 25 ■ Specific Development lio. 26 + ■ Specific Development li. 27 Specific Development fic. 31 � 4 ■ Specific Development M . 32 jj::��■ Specific D-Elopm Ent lio. M }y, I_.J■Specific Development fio. 35 � ��■ Specific Development lio. 36 Specific Development M 38 P7 5pecific Development Iio. n ■ 5pecific Development lio. 4 ■ 5pecific Development fio. 4C ■ Specific Development fio. 41 �•f y ■ 5pecific Development fio. 42 ■ 5pecific Development Iio.43 ■ 5pecific Development M .44 i ■ 5pecific Development lio. 46 ■ Specific Developm a nt lio. 48 ■ Specific Development M. 49 A Exhibit 3 - Vicinity Zoning and Aerial View r w 750 feet NJ City Council 41 - 30 12/20/2022 (c) 7n77 niniral Man Prnrillrtc All rinhtc racarvari https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html City Council Exhibit 4 — Site Photo 41 — 31 7 v A.. 4 - �{4 i' r 1 12/20/2022 I � � I � � 1 MONUMENT SIGNAGE AND FREE STANDING SIGN UNDER SEPARATE PERMITAND of SHALL CONFORM WITH SAMC 41-8 i g' I ,I I of I � h NI 1 2' Q ly W UI zl a i W I S Li O DO W � 10' LAN SCI APE j H BUFFE I 01 P LO 3 q AREA TO BE 1 TAKENBY0 fA& CALTRANS FOR 0I $ THE COSTA MESA SR44 FREEWAY WIDENING I f T L�1 �Q R PROJECT _ _ N48°41'50"W 80.00' GA Greenlaw © --6ARRY�EN� - - - - - - - - - hi o _ _ o------------ — ---� IF----------- a — — ---�— ---1�4�Z237-W 32L59' u l 10 3 11_ _ 73 �.f,�r�R=�:=E:��;y �� r---------- pl I — — — — — — — — — — — %l - — — — — — — — — — — — — B (SEE CIVIL) FOR EASEMENT INFORMATION ---------- 2"J ------ az € l p� 1 OFFIC OFFICE J 14 v r--------------- KEYNOTES: QgTj &MEZI. I ______________ &MEZZ. 5'-0" i/ 1r/ I 1 PEOESTRIAA PAVING(SEE CIVIL S LANDSCAPE) //////I O2 CONCRETE VEHICULAR PAVING(SEE CIVIL) I —DECAPE AREA (SEE UNDscavE) 3 I ,jam I Oq ACCESS DOOR OR EMERGENCY ACCESS DOOR ® l O suromarc RoulrvccE(a HEGHTI 8 — — — J L — — — — ® Ipl X I ©A DATE (n-HEIGHT) EXISTING_ qI I g l m® 0 CUR' cLosuRE (nDA camvLwrvT) 718' I 5 TREES I / I ® PROVIDE KNOX Box (11—IIN PER FIRE DEPT.) I " USER: USER: — ® I jN v I 1 Q A PATH 01 REDUIREO, NEWCURPR PERTYLI� E /i 70 A. PATH of TRAVEL — 4 25 6 / I „ TRELLISED LUNCH AREA 61 NEWTHI I 1Q BIKE RACK 3 1 I 42,200SF+2,SIOOSF= ,300SF 2,500SF= - w g TUBESTEEL ,B ENRICHED CONCRETE PAVING(SEE I-ANDscAPE) II 44,700SF �6 800SF w ^ FENCE /I 4 BARRIER GATE 2(NO TRUCKS ALLOWED) , � 9 ® i I � BARRIER GATEg(NO TRUCKS ALLOWED) I I w''0" o EXISTING IgrT/ /I I ; _ PARKING I (EXISTING BUILDING) IB' PROPOSED I NEW6'HT-III' j ITI II DUSTR14L BUILDING FENBE CE TE ✓/ 91,5 OSFNEW {0 PROPERRB ® IV � _ j _ — _ � I T9LRd—�I III I 4 I I I I 1 _J� /I — EXISTING�t¢ CURBS ,a \♦ L_--_f � m I TREES � —________ —_� PARKING EXISTING NEW CURB& CURB WORK EXISTING CURB@ 1 94 6_ _ _ DRIVE WAY II i Be ' ' HATCHED AREA REPRESENTS 10 D OCK HI G POSITIONS "-"` ACCESs&PARKING F----T rI --- .--- -- r--- _ EASEMENT (SEE CIVIL) _ —_ --- -- __—"-- e — a sr l Y NEW F HT. o O TUBE STEEL 17-- /rT7 u� 0'-0' 10T-0' I FENCE �j �'. D. iS G.�.I i0'-0' MOVE 24" IL 8 FROM CURB 3 (12' = 2' HT. G.D.) (12' . 12' T. GO) I � 10 10 EXISTING CURB @ I PROPERTY LINE I' 8 3 - 25' ( CU ED SERVI D�' EASE1 TI 0 10' HT DECORATIVE SCREEN WALL) _ Existing Sign to Remain N48°41'50"W 270.02' ALTON PARKWAY (FUTURE) Partners = ArchNactYM 12/ 0/ �I�. F.I. N96Kipa A2 IWNOAM1Onn9a51-O-ga,Calft b91666 Swle01 o3g'A' Idl fig9A6Sg a°arcM1ilecb.cam pale; OPE6E011 USER: GA Greenlaw Partners r'lrrinr BARRIER GATE ELEVATION ---------------- 0 � (SI EXISTING — CURB & TREES — PLA 12/ 0/ A2h MtuM ��. A2.1 ,W-h0-FS— 0-9%C.,l. m9„� S .0V=19.A' soarc��,.��� YekOPS,.SA11 16'-0" NO TRUCKS ALLOWED. 88" MAX. CLEARANCE KNOX BOX A22 BARRIER GATE 1 ELEVATION 2V-0" NO TRUCKS ALLOWED. 88" MAX. CLEARANCE KNOX BOX A2.2 BARRIER GATE 2 ELEVATION GA Greenlaw Partners 30'-0" DRIVEWAY 16'-0" NO TRUCKS ALLOWED. 88" MAX. CLEARANCE 40'-0" DRIVEWAY 2P-0" NO TRUCKS ALLOWED. 88" MAX. CLEARANCE A.W*0— lu N 12/2 0/ p RNetbnN{u. A2.2 NNONM1 0.a ge SlreH Omnge, talNar"i"g— S. W=J' 714163— Job N".10f1-12d —hi't'. "m Oak:O&ffi 2 268' I r---------------------------r I I 1 j 51.OFFICE &ME7Z. I I — —1 — —r2,500 SFI 1 2,500 SF 272' I USER: USER: j -I CA)- 42,200SF+2,50 — — — — 44,700Sf�F = 4$,800SFF I I I I IN I � I I = 91,50 SF I I I I I I I I I I I I �+--10'D'OCK4HIGH POSITION o 152' i { I �Pgi CONCEPTUAL FLOOR PLAN 1) GARR i PARKSANTA AN41CA35 CONCEPTUAL FLOOR PLAN 12/2 Greenlaw I Partners A3 n 14N.0 Orange Street, Orange, Callfornla 92066 71416)9-9660 aoarcM1ileds.cmm Scale: V=20'-0' Je No.2011-131 Dale: 09 —21 } z 0 z 0 a 0 z w 0 w 0 z Q U w LU Z CITY OF SANTA ANA NOTES: • INSTALL 24" BOX STREET TREE AT 35' ON CENTER ON GARRY AVENUE, INCLUDING DEEP ROOT IRRIGATION SYSTEMS PER CITY STANDARDS AND APPROVED PLAN, AS NEEDED. CONTACT THE TREE SECTION SUPERVISOR AT (714) 647-3337 FOR TREE SPECIES AND FOR NUMBER AND SIZE OF REQUIRED TREE REPLACEMENTS. • THE INSTALLATION OF A NEW LANDSCAPING DROUGHT TOLERANT LANDSCAPE ALONG THE PROPERTY FRONTAGE PER THE CITY OF SANTA ANA PARKWAY GUIDELINE FOR DROUGHT TOLERANT PLANTS IN THE EXISTING PARKWAY. • ALL NON-RESIDENTIAL IRRIGATED LANDSCAPE OF 1,000 SQUARE FEET REQUIRE A SEPERATE LANDSCAPE IRRIGATION WATER METER & SERVICE OF PROPER SIZE TO SUPPLY THE PROJECT'S LANDSCAPE IRRIGATION SYSTEM. • THE CITY OF SANTA ANA REQUIRES THAT WATER CONSERVATION IRRIGATION SYSTEMS BE INSTALLED FOR ALL LANDSCAPING WHERE WATER IS REQUIRED. ALL SYSTEMS SHALL BE SUBJECT TO THE REVIEW AND APPROVAL OF THE WATER RESOURCES MANAGER OR HIS DESIGNEE FOR APPROVED CONSERVATION REQUIREMENTS. GA RR Y A VE. BUSINESS PARK SANTA ANA, CA (Treenlaw Partners LEGEND OSIDEWALK © ACCESSIBLE RAMP © MODULAR WETLAND OPARKING TREE © SPECIMEN TREE AT SITE ENTRY ODROUGHT TOLERANT PLANTING OTRASH ENCLOSURE : TRANSFORMER O6' HT METAL FENCE & GATE a) DECORATIVE SCREEN WALL ELECTRIC EASEMENT ® NEW PROPERTY LINE ® EXISTING MONUMENT SIGN VINE PLANTING ® STREET TREE BUILDING ENTRY CALTRANS EASEMENT 10' LANDSCAPE BUFFER SCREEN TREE ®1 BIKE PARKING m m EMMI 0 30 60 90 PROPOSED PLANT PALETTE TREES SYMBOL BOTANICAL NAME COMMON NAME SIZE / HT. X SPRD. WATER DESCRIPTION FORM X CAL. (MIN.) USE $$ LOPHOSTEMON CONFERTUS BRISBANE BOX 24" BOX 8'H X 4'W M VERTICAL TREE STD. 0 36" BOX 8'H X 5'W 00 OLEA EUROPEA'SWAN HILL' SWAN HILL FRUITLESS OLIVE MULTI X 4"C M ACCENT TREE PLATANUS ACERFOLIA LONDON PLANE 24" BOX 8'H X 5'W L DECIDUOS 'YARWOOD' CANOPY 24" BOX BROAD 0• RHUS LANCEA AFRICAN SUMAC 8'H X 5'W L EVERGREEN STD. SHADE CANOPY BACKGROUND SHRUBS SYMBOL BOTANICAL NAME :; DASYLIRIONWHEELERI x OLEA EUROPAEA 'MONTRA' xxxxxxxxxxxx x RHAMNUS C.'MOUND SAN BRUNO' MIDGROUND SHRUBS WUSER COMMON NAME SIZE SPACING DESCRIPTION DESERT SPOON 5 GAL. 48" O.C. L ACCENT BACKGROUND LITTLE OLLIE DWARF OLIVE 5 GAL. 36" O.C. L SHRUB COFFEEBERRY 5 GAL. 60" O.C. L LARGE SHRUB SYMBOL BOTANICAL NAME COMMON NAME DIANELLA TASMANICA VARIEGATED FLAX LILY 'VARI EGATA' HESPERALOE PARVIFLORA RED YUCCA RHAPHIOLEPIS I. 'CLARA' WHITE INDIAN HAWTHORN MUHLENBERGIA CAPILLARIS PINK MUHLY 'REGAL MIST' ACACIA COGNATA'COUSIN ITT' COUSIN ITT ACACIA FOREGROUND SHRUBS SYMBOL GROUNDCOVERS SYMBOL VINES BOTANICAL NAME AGAVE 'BLUE GLOW' ALOE STRIATA CALLISTEMON 'LITTLE JOHN' DIANELLA'CASSA BLUE' SESLERIA 'GREENLEE' LOMONDRA LONGIFOLIA 'BREEZE' COMMONNAME BLUE GLOW AGAVE CORAL ALOE DWARF BOTTLEBRUSH CASSA BLUE FLAX LILY GREENLEE MOOR GRASS DWARF MAT RUSH BOTANICAL NAME COMMON NAME ALOE'BLUE ELF' BLUE ELF ALOE LANTANA'NEW GOLD' NEW GOLD LANTANA MYOPORUM PARVIFOLIUM 'PINK' PROSTRATE MYOPORUM WUSER SIZE SPACING DESCRIPTION 5 GAL. 36" O.C. M STRAPPY ACCENT FLOWERING 5 GAL. 36" O.C. L ACCENT FLOWERING 5 GAL. 36" O.C. L SHRUB ORNAMENTAL 5 GAL. 36" O.C. M GRASS FEATHERY MID 5 GAL 30" O.C. L GROUND WUSER SIZE SPACING DESCRIPTION SUCCULENT 1 GAL. 30" O.C. L ACCENT SUCCULENT 1 GAL. 24" O.C. L ACCENT FLOWERING 5 GAL. 30" O.C. L SHRUB 1 GAL. 24" O.C. L STRAPPY ACCENT ORNAMENTAL 1 GAL. 30" O.C. M GRASS ORNAMENTAL 1 GAL 30" O.C. L GRASS WUSER SIZE SPACING DESCRIPTION SUCCULENT 1 GAL. 24" O.C. L GROUNDCOVER FLOWERING 1 GAL. 36" O.C. L GROUNDCOVER EVERGREEN 1 GAL. 36" O.C. L GROUNDCOVER SYMBOL BOTANICAL NAME COMMON NAME SIZE SPACING WUSER DESCRIPTION CALLIANDRA HAEMATOCEPHALA PINK POWDER PUFF 5 GAL./ 15' O.C. M FLOWERING VINE ESPALIER v DISTICTUS BUCCINATORIA BLOOD -RED TRUMPET VINE 1 GAL./ M FLOWERING VINE STAKED WATER USE KEY: VL = VERY LOW WATER USE, L = LOW WATER USE, M = MODERATE WATER USE, H = HIGH WATER USE. WATER USE STATED IS PER'WATER USE CLASSIFICATION OF LANDSCAPE SPECIES' (ALSO REFERRED TO AS WUCOLS IV) FOR THE CITY OF SANTA ANA. PRELIMINARY LANDSCAPE PLAN 08-26-2021 8841 RESEARCH DR SUITE 200 . .IRVINE - CA 92618 949.387.1323 RIDGELA.COM Architecture. A!D Design. Relationships. 144 North Orange Street, Orange, California 92866 714 / 639-9860 aoarchitects.com Scale: 1" = 30'-0" Job No. 2021-124 Date: 04-09-2021 &nbsp; City Council &nbsp;41 &ndash;&nbsp;36 12/20/2022 &nbsp; z Z O Z O H Q O LL z_ w O LL CO 0 z Q r U w m w z w w z H Z O U wo �Q J � U'0 LL VJ Q X x "TTTT x x x x x x x x x x x x x x x x x x x xx x x x x x x x /k x Ax ___1___-7 X X X X X X X X X x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x ENLARGEMENT A SCALE: 1/8" = 1'-0" HARDSCAPE M FP_11� CONCRETE PAVING TYPE 1 COLOR: NATURAL GRAY FINISH: MEDIUM BROOM JOINTS: TOOLED PZ � CONCRETE PAVING TYPE 2 COLOR: DARK GRAY — DAVIS COLORS FINISH: TOP CAST 05 JOINTS: SAWCUT GARRY AVENUE /x x x x x6x x x x x x x x x x X x x x x x x x x x x x x x x x x x x x x fc x x x x x —,X x x x x x x X X X x X X X X X X X ox X k X X x X X X X X X XX X k ■ r��i X X X X X X X X X k PROPOSED BUILDING P3 O p p PRE —CAST DETECTABLE WARNING PAVERS p COLOR: CHARCOAL FINISH: STANDARD FINISH ENLARGEMENT 6 SCALE: 1/8" = 1'-0" HO p p STAMPED CONCRETE p COLOR: CHARCOAL FINISH: STANDARD FINISH GA RR Y A VE. 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STREET ELEVATION) SIGNAGE UNDER SEPERATE PERMIT MEDIUM AND SHALL CONFIRM PERFORMANCE METAL WITH SAMC SECTION PAINTED CONC, CLR ANODIZED GLASS AWNING 141-883(d) " WIDE REVEAL " WIDE REVEAL ROOFLINE METAL DOOR PANEL ALUM SYSTEM 2" WIDE REVEAL WOE REVEAL 2" WIDE REVEAL CLIP ANODIZED ALWM SYSTEM METAL CANOPY GARRY AVE. BUSINESS PARK SANTA ANA, CA Greenlaw I Partners PAINTED CONC. PANEL PAINTED GONG_ PANEL WEST T (NE IMP RT 55 FRI Y ELEVATION) CLR ANODIZED SCREEN WALL ROOFLINE 2" WIDE REVEAL METAL DOOR ALUM SYSTEM (TYPICAL) METAL DOOR 2" WIDE REVEAL MEDIUM PERFORMANCE ROOFLINE CLASS METAL ,AWNING o s 10 30 7 EAST ELEVATION CONCEPTUAL COLOR ELEVATIONS A5 Architecture. A!3 Design. Relationships. 144 North Orange Street, Orange, California 92866 7141839-9860 aoarchltects.com Scak:1116" = 9'4" Job No. 2021-124 Date. 09-08-2021 &nbsp; City Council &nbsp;41 &ndash;&nbsp;39 12/20/2022 &nbsp; GARRY AVE. BUSINESS PARK SANTA ANA, CA CONCEPTUAL RENDERED VIEW 1Archi A 0 Design. tore. Relationships. 144 North Orange A8 Street, Orange, California 92866 7141839-9860 Greenlaw I Partners aoarchltects.com Scale: N.T.S. Job No. 2021-124 Date. 09-08-2021 &nbsp; City Council &nbsp;41 &ndash;&nbsp;40 12/20/2022 &nbsp; CL �i JS PA 9 Q GARRY AVE. BUSINESS PARK SANTA ANA, CA Greenlaw Partners CONCEPTUAL RENDERED IE1l 2 esitit A 0 Design. Relationships. 144 North Orange A9 Street, Orange, California 92866 7141839-9860 aoarchltects.com Scale: N.T.S. Job No. 2021-124 Date. 09-08-2021 &nbsp; City Council &nbsp;41 &ndash;&nbsp;41 12/20/2022 &nbsp; 1700 E Garry Avenue Project CEQA Guidelines Section 15183 Community Plan Exemption Checklist Lead Agency: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Project Applicant: City of Santa Ana Planning and Building Agency 20 Civic Center Plaza Santa Ana, CA 92702 CEQA Consultant: ENVIRONMENT I PLANNING I DEVELOPMENT SOLUTIONS, INC. 2355 Main Street, Suite 100 Irvine, CA 92614 July 2022 City Council 41 — 42 12/20/2022 This page left intentionally blank. City Council 41 — 43 12/20/2022 City of Santa Ana Contents Community Plan Exemption Checklist Gary Avenue Business Park Project INTRODUCTION.............................................................................................................................1 1 OVERVIEW OF CEQA GUIDELINES § 15183............................................................................................1 2 GENERAL PLAN UPDATE................................................................................................................................1 3 APPLICABILITY OF STATE CEQA GUIDELINES SECTION 15183 ............................................................1 2 ENVIRONMENTAL SETTING...........................................................................................................3 2.1 PROJECT LOCATION.....................................................................................................................................3 2.2 EXISTING PROJECT SITE................................................................................................................................3 2.3 EXISTING LAND USE AND ZONING DESIGNATION OF THE PROJECT SITE.......................................4 2.4 SURROUNDING LAND USES, GENERAL PLAN, AND ZONING DESIGNATIONS...............................4 3 PROJECT DESCRIPTION................................................................................................................13 3.1 PROJECT OVERVIEW........................................................................................................................................ 13 3.2 GENERAL PLAN AND ZONING......................................................................................................................... 14 3.3 OPERATIONAL CHARACTERISTICS..................................................................................................................... 14 3.4 CONSTRUCTION AND PHASING....................................................................................................................... 14 3.5 PRIOR ENVIRONMENTAL DOCUMENT(S) FOR ANALYZING STATE CEQA GUIDELINES SECTION 1 51 83 ....... 15 3.6 LOCATION OF PRIOR ENVIRONMENTAL DOCUMENTS) ANALYZING THE EFFECTS OF INFILL PROJECTS.......... 15 3.7 DISCRETIONARY APPROVALS........................................................................................................................... 15 4 ENVIRONMENTAL CHECKLIST......................................................................................................25 4.1 CHECKLIST FORM........................................................................................................................................ 25 4.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED........................................................................ 26 4.3 DETERMINATION: (TO BE COMPLETED BY THE LEAD AGENCY).................................................................... 26 5 ENVIRONMENTAL ANALYSIS.......................................................................................................28 5.1 AESTHETICS...................................................................................................................................................28 5.2 AGRICULTURE AND FORESTRY RESOURCES.......................................................................................... 32 5.3 AIR QUALITY................................................................................................................................................. 35 5.4 BIOLOGICAL RESOURCES......................................................................................................................... 43 5.5 CULTURAL RESOURCES.............................................................................................................................. 46 5.6 ENERGY.........................................................................................................................................................52 5.7 GEOLOGY AND SOILS............................................................................................................................... 54 5.8 GREENHOUSE GAS EMISSIONS............................................................................................................... 59 5.9 HAZARDS AND HAZARDOUS MATERIALS.............................................................................................. 62 5.10 HYDROLOGY AND WATER QUALITY...................................................................................................... 67 5.11 LAND USE AND PLANNING....................................................................................................................... 72 5.12 MINERAL RESOURCES................................................................................................................................. 74 5.13 NOISE.............................................................................................................................................................76 5.14 POPULATION AND HOUSING.................................................................................................................. 83 5.15 PUBLIC SERVICES......................................................................................................................................... 85 5.16 RECREATION.................................................................................................................................................88 5.17 TRANSPORTATION......................................................................................................................................90 5.18 TRIBAL CULTURAL RESOURCES................................................................................................................. 94 5.19 UTILITIES AND SERVICE SYSTEMS............................................................................................................. 97 5.20 WILDFIRES...................................................................................................................................................101 6 DOCUMENT PREPARERS AND CONTRIBUTORS.........................................................................103 7 REFERENCES...............................................................................................................................104 i Gn, insil 41 _eta 1212012122 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Tables TABLE 1 : SURROUNDING EXISTING LAND USE AND INTERIM DEVELOPMENT STANDARD..............................................................................4 TABLE AES-1 : PROJECT CONSISTENCT WITH DEVELOPMENT STANDARDS................................................................................................29 TABLE AQ-1 : SCAQMD REGIONAL DAILY EMISSIONS THRESHOLDS......................................................................................................37 TABLE AQ-2: MAXIMUM PEAK CONSTRUCTION EMISSIONS................................................................................................................3737 TABLE AQ-3: PROPOSED PROJECT OPERATIONAL EMISSIONS.................................................................................................................38 TABLE AQ-4: PROJECT LOCALIZED SIGNIFICANCE SUMMARY OF CONSTRUCTION..................................................................................39 TABLE AQ-5: PROJECT LOCALIZED SIGNIFICANCE SUMMARY OF OPERATIONS..................................................................................3939 TABLE GHG-1 : CONSTRUCTION RELATED GHG EMISSIONS................................................................................................................... 60 TABLE GHG-2: PROPOSED PROJECT GHG EMISSIONS..........................................................................................................................60 TABLE N-1 : PROJECT CONSISTENCY WITH GENERAL PLAN UPDAT CITY OF SANTA ANA NOISE ELEMENT STANDARDS ...........................77 TABLE N-2: CITY OF SANTA ANA MUNICIPAL CODE RESIDENTIAL NOISE STANDARDS.............................................................................77 TABLEN-3: NOISE MEASUREMENTS..........................................................................................................................................................78 TABLE N-4: PROJECT CONSTRUCTION NOISE LEVELS...............................................................................................................................78 TABLE N-5: CONSTRUCTION EQUIPMENT VIBRATION............................................................................................................................... 80 TABLE T-1 . PROJECT TRIP GENERATION....................................................................................................................................................91 Figures FIGURE1 : REGIONAL LOCATION..................................................................................................................................................................5 FIGURE2: LOCAL VICINITY...........................................................................................................................................................................7 FIGURE3: AERIAL VIEW...............................................................................................................................................................................9 FIGURE 4: GENERAL PLAN DESIGNATION................................................................................................................................................. 11 FIGURE 5: CONCEPTUAL SITE PLAN........................................................................................................................................................... 17 FIGURE6: PROPOSED ELEVATIONS............................................................................................................................................................ 19 FIGURE 7: CONCEPTUAL RENDERING.........................................................................................................................................................21 FIGURE 8: CONCEPTUAL LANDSCAPE PLAN............................................................................................................................................... 23 Appendix Appendix A Air Quality Assessment Appendix B Biological Assessment Appendix C Historical Resource Assessment Appendix D Archaeological Resources Assessment Appendix E Preliminary Geotechnical Investigation Appendix F Greenhouse Gas Emissions Assessment Appendix G Preliminary Geotechnical Investigation Appendix H Phase I Environmental Site Assessment Appendix I Preliminary Hydrology and Hydraulics Study Appendix J Preliminary Water Quality Management Plan Appendix K Acoustical Assessment Appendix L Trip Generation Comparison and VMT Assessment Memorandum City of Santa Ana INTRODUCTION 1.1 OVERVIEW OF CEQA GUIDELINES § 15183 Community Plan Exemption Checklist Gary Avenue Business Park Project This exemption analysis evaluates whether the potential environmental impacts of the proposed demolition of three office buildings, which total 103,031 square feet and construction of a new approximately 91,500 square foot light industrial warehousing building that would accommodate two tenants (proposed Project) are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR), pursuant to the California Environmental Quality Act (CEQA) Guidelines (CEQA Guidelines) Section 15183 (Exemption Checklist). As set forth in California Public Resources Code (PRC) Section 21083.3 and State CEQA Guidelines Section 15183, projects that are "consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site" (State CEQA Guidelines Section 15183(a) and PRC Section 21083.3(b)). The State CEQA Guidelines further state that "[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards [... ] then an additional EIR need not be prepared for the project solely on the basis of that impact" (State CEQA Guidelines Section 15183(c))." 1.2 GENERAL PLAN UPDATE The City of Santa Ana (City) General Plan Update (GPU) was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. The GPU provides long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the Santa Ana community through 2045, and provides a comprehensive land use, housing, circulation and infrastructure, public service, resource conservation and public safety policies for the entire City. The updated General Plan Land Use Element guides growth and development (e.g., infill development, redevelopment, use and revitalization/restoration) within the plan area by designating land uses. Any decision by the City affecting land use and development must be consistent with the GPU. Any action, program, or project is considered consistent with the GPU if, considering all its aspects, it will further the objectives and policies of the GPU or not obstruct their attainment. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. A project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with the associated standards applicable to that development density (State CEQA Guidelines Section 15183(i)(2)). Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. 1.3 APPLICABILITY OF STATE CEQA GUIDELINES SECTION 15183 As set forth in State CEQA Guidelines Section 15183(d), the exemption applies to projects which meet the following conditions: Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project 1. The project is consistent with: a. A community plan adopted as part of a general plan, b. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or c. A general plan of a local agency, and 2. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. Furthermore, the exemption applies when all feasible mitigation measures identified in the applicable general plan are implemented by the public agency with jurisdiction to require such mitigation measures (State CEQA Guidelines Section 151 83(e)). The GPU EIR was certified in 2022, which analyzed the impacts of the City's GPU, which was adopted. As discussed in this exemption checklist, the Project is consistent with the development standards analyzed in the GPU EIR. The Project site is located within the GPU 55 Freeway / Dyer Road Focus Area. The General Plan (Land Use Element Page 54) describes that this focus area will transition from a portion of the city that is almost exclusively focused on professional office jobs to one that supports a range of commercial, industrial/flex, and mixed -use development. The Project site has a GPU designation of FLEX-3 that allows a FAR of 3.0 and building heights up to 10- stories. The FLEX-3 designation allows for clean industrial uses that do not produce significant air pollutants, noise, or other nuisances typically associated with industrial uses, including office -industrial flex spaces, small- scale clean manufacturing, research, and development. The GPU identifies (on Table LU-A-1) that the Interim Development Standard for the FLEX-3 area is M1 (Light Industrial). The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses. The M1 zone provides requirements for minimum lot sizes or 12,000 square feet with 100 feet of street frontage, building height (a maximum of 35 feet), setback requirements from public streets, landscaping requirements. The M-1 zone does not have density requirements. The Project would result in a FAR of 0.42, which is within the projections of the GPU EIR, which evaluated a density of 3.0 FAR on the site. As such, the GPU EIR adequately anticipated and analyzed the impacts of this Project, identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. The Project, therefore, qualifies for an exemption from additional environmental review as set forth in State CEQA Guidelines Section 15183. Specifically, the Project qualifies for the exemption because the following findings can be made: 1. The Project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. The Project would result in a FAR of 0.42, which is less than the maximum FAR of 3.0 allowable in the FLEX-3 designated area, which is the development density established by the GPU and analyzed in the GPU EIR. The Project site has an Interim Development Standard of M-1 (light Industrial zone). The M-1 zone does not have density requirements. 2. There are no Project specific effects which are peculiar to the Project or its site, and which the GPU EIR failed to analyze as significant effects. The subject property is similar to other properties in the area, including its land use designation and zoning. The property does not support any peculiar environmental features, and the Project would not result in any peculiar effects. 2 �jty o11ndo 41 — 47 121-2012�,122 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project In addition, as explained further in the Exemption Checklist below, Project impacts were adequately analyzed by the GPU EIR; and as detailed in the GPU EIR, development projects pursuant to the GPU, such as the proposed Project could result in potentially significant impacts to air quality, cultural resources, paleontological resources, noise, and tribal cultural resources. However, applicable mitigation measures specified within the GPU EIR would reduce potential impacts to a less than significant level. 3. There are no potentially significant off -site and/or cumulative impacts which the GPU EIR failed to evaluate. The Project is consistent with the density and use characteristics of the development considered by the GPU EIR and would represent a small part of the growth that was forecast for build -out of the GPU. The GPU EIR considered the incremental impacts of the Project, and as explained further in the Exemption Checklist below, no potentially significant off -site or cumulative impacts have been identified which were not previously evaluated. A. There is no substantial new information which results in more severe impacts than anticipated by the GPU EIR. As explained in the Exemption Checklist below, no new information has been identified which would result in a determination of a more severe impact than what had been anticipated by the GPU EIR. 5. The Project will undertake feasible mitigation measures specified in the GPU EIR. As explained in the Exemption Checklist below, the Project will undertake feasible mitigation measures specified in the GPU EIR. These GPU EIR mitigation measures will be undertaken through Project design, compliance with regulations and ordinances, and through the Project's conditions of approval. 2 ENVIRONMENTAL SETTING 2.1 PROJECT LOCATION The proposed Project is located at 1700 - 1740 East Garry Avenue (Assessor's Parcel Number 430-171- 07), within the southeastern portion of the City of Santa Ana. The City of Irvine boundaries are located to the south of the site, across the right-of-way for Alton Avenue. The site is located within the Tustin USGS 7.5- minute quadrangle map. The location of the Project site is shown on Figure 1, Regional Location and Figure 2, Local Vicinity. Regional access to the Project site is provided State Route 55 (SR-55) and the Dyer Road interchange. Local access is provided by Dyer Road to Pullman Street, which turns into Garry Avenue. Alternatively, local access to the site is provided by Red Hill Avenue to Alton Parkway and Daimler Street to Garry Avenue; or Red Hill Avenue to Deere Avenue to either Daimler or Pullman Streets to Garry Avenue. 2.2 EXISTING PROJECT SITE The Project site consists of one 5.2-gross-acre parcel (see Figure 2, Local Vicinity). The Project site is currently developed with three office buildings, which total 103,031 square feet and were constructed between 1972 and 1974. The existing office structures are one-story cement and stucco buildings with windows that are surrounded by parking. The buildings currently accommodate multiple tenants each. Vehicular access to the Project site is provided from a driveway at Garry Avenue. See Figure 3, Aerial View. The Project site has an elevation of approximately 47 feet above mean sea level with a decreasing topographic gradient to the east-northeast. oty Council 41 - 4-8 121-2012022 3 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project 2.3 EXISTING LAND USE AND ZONING DESIGNATION OF THE PROJECT SITE The City's GPU designates the land use of the Project site as FLEX-3 that allows a FAR of 3.0 and building heights up to 10-stories. The FLEX-3 designation allows for clean industrial uses that do not produce significant air pollutants, noise, or other nuisances typically associated with industrial uses, including office - industrial flex spaces, small-scale clean manufacturing, research, and development. The GPU identifies (on Table LU-A-1) that the Interim Development Standard for the FLEX-3 area is M1 (Light Industrial). The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses. The M1 zone provides requirements for minimum lot sizes or 12,000 square feet with 100 feet of street frontage, building height (a maximum of 35 feet), setback requirements from public streets, landscaping requirements. The M-1 zone does not have density requirements. 2.4 SURROUNDING LAND USES, GENERAL PLAN, AND ZONING DESIGNATIONS The Project site is located within a developed area. The surrounding land uses, and their respective designations and zoning or interim development standard (until the zoning is updated to be consistent with the recently adopted General Plan land uses) are listed on Table 1. Table 1: Surrounding Existing Land Use and Zoning / Interim Development Standard Existing Land Use General Plan Designation Zoning / Interim Development Standard North SR-55 and Commercial Offices FLEX-3 M-1 — Light Industrial West SR-55 followed by Commercial FLEX-3 M-1 — Light Industrial and Industrial uses Vacant Parcel and FLEX-3 — Industrial/Flex & M-1 — Light Industrial & 5.1 — Irvine Business South Commercial/Industrial Urban and Industrial Complex (IBC) Multi -Use (City of Irvine) (City of Irvine) East Commercial, Industrial, and FLEX-3 — Industrial/Flex M-1 — Light Industrial Offices 4 rjty o1;ndo 41—4-9 12120/2022 City of Santa Ana Figure 1: Regional Location Community Plan Exemption Checklist Gary Avenue Business Park Project 5 pity e1;ndo 41 — 5-0- 12-1-2012022 City of Santa Ana This page intentionally left blank. Community Plan Exemption Checklist Gary Avenue Business Park Project 6 pity e1;ndo 41 — 51 12-1-2012022 City of Santa Ana Figure 2: Local Vicinity Community Plan Exemption Checklist Gary Avenue Business Park Project 0ty ems;ndo 41 — 52 12-1-2012022 City of Santa Ana This page intentionally left blank. Community Plan Exemption Checklist Gary Avenue Business Park Project 8 pity e1;ndo 41 — 5-2- 12-1-2012022 City of Santa Ana Figure 3: Aerial View Community Plan Exemption Checklist Gary Avenue Business Park Project 9 0ty ems;ndo 41 — 5-4 12-1-2012022 City of Santa Ana This page intentionally left blank. Community Plan Exemption Checklist Gary Avenue Business Park Project 10 pity e1;ndo 41 — 5-5- 12-1-2012022 City of Santa Ana Figure 4: General Plan Designation Community Plan Exemption Checklist Gary Avenue Business Park Project City of Santa Ana This page intentionally left blank. Community Plan Exemption Checklist Gary Avenue Business Park Project r0ty ems;ndo I 41 — 57 1�212012022 12 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project 3 PROJECT DESCRIPTION 3.1 Project Overview The Project includes demolition of the three existing office buildings, which are located at 1700 East Garry Avenue, 1720 East Garry Avenue, and 1740 East Garry Avenue, totaling 103,031 square feet and construction of a new approximately 91,500 square foot light industrial warehousing building that would accommodate two tenants. One side of the building would have 42,700 square feet of warehouse space and 2,500 square feet of office and mezzanine space and the other would have 46,800 square feet of warehouse space and 2,500 square feet of office and mezzanine space. Each side of the building have 5 dock doors. The site plan is illustrated on Figure 6, Conceptual Site Plan. Architectural Design The building incorporates a modern warehouse architectural design. The building exterior would be constructed with tilt -up concrete wall panels consisting of a primarily off-white color palette, with accented wall panels of light and dark grays and green. The building would be approximately 43 feet 6 inches tall with varying roof lines to break up the perception of massing. Windows would be fitted with tinted light blue glass. Building entrances would include metal canopies on the exterior of the building. The elevations and conceptual rendering of the building are illustrated on Figure 7, Proposed Elevations, and Figure 8, Conceptual Rendering. Landscaping and Fencing Landscaping is proposed along the entire site perimeter, adjacent to the proposed building, and throughout the parking areas. Along the Garry Avenue frontage, layered landscaping consisting of 24 and 36-inch box street trees, shrubs and assorted ground cover is proposed. The landscaping palate includes assorted drought tolerant ornamental trees, shrubs, and groundcover ranging from moderate to low water needs. Tree species include London Plane Tree, Swan Hill Fruitless Olive, Brisbane Box, and African Sumac and would be consistent with the Municipal Code 33-1 85, Street Tree Species to Be Planted, requirements. The landscape plan is illustrated on Figure 9, Conceptual Landscape Plan. A 10-foot-high decorative screen wall is proposed along the southwest property line. A 9-foot-high tube steel screen fence is proposed along the southeast property line, and a 10-foot-high landscape buffer is proposed along the northwest property line adjacent to the SR-55. Lighting The Project would include new exterior lighting for security, to accent the landscaping, and to light signage, walkways, and parking areas that would be consistent with Municipal Code Sections 41 -61 1.1 and 41- 1 304. Light pole fixtures are proposed in parking areas and wall -mounted light fixtures are proposed on the exterior of the building, and landscape accent lighting is proposed at the Project driveways. The new lighting would be focused on the site, shielded away from offsite areas. Access and Circulation Vehicular access to the Project site would be provided from two driveways from Garry Avenue near the northeast and southwest boundaries of the Project site. Onsite circulation includes a 30-foot-wide half -loop drive aisle that goes around the building, connecting to both proposed driveways. This drive aisle would provide vehicular access to the parking areas and loading docks in the rear of the building and would serve as the onsite fire lane where parking would be prohibited. Access to the loading dock area would be restricted via swinging tube steel gates. A sidewalk would be installed along the Garry Avenue site frontage and accessible pedestrian paths of travel to the two building entrances from the sidewalk would be provided near the proposed driveways. 13 ri1y o1;ndo 41 — 5- F-1 12-12012022 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Parking and Loading Docks Truck loading docks would be located along the south side of the building. The building would include 10 loading dock doors, five loading docks for each tenant. The Project would also 139 standard car parking stalls with 4 accessible, and 2 van accessible spaces that would be located on the northwest and southeast sides of the proposed building. Stalls near the two building entrances would be reserved for clean air vehicles and electrical vehicles in conformance with requirements set forth in CALGreen Building Code Section 5.106.5. Infrastructure Connections Water and Sewer. The Project would install new water and sewer lines that would connect to the existing 8- inch water main and 9-inch sewer main in Garry Avenue. In addition, an 8-inch fire water line is proposed underneath the entire length of the onsite drive aisle that would connect the existing 8-inch water main in Garry Avenue. Drainage. The Project would install a new onsite drainage system that would connect to the existing 18-inch drain in Daimler Street. The onsite drainage would convey runoff to biofiltration basins that would treat flows prior to discharge. Off -Site Improvements The Project would remove the existing curb cut for the existing driveway and include two new curb cuts for the two proposed driveways within the Gary Avenue right-of-way. The Project also includes the installation of a new sidewalk along within the Gary Avenue right-of-way along the site frontage. 3.2 General Plan and Zoning As discussed above, the GPU's land use designation of the Project site is FLEX-3 with an Interim Development Standard of M-1. The existing land use designation and Interim Development Standard allow for offices, light industrial, and other warehouse uses such as manufacturing, distribution, and assembly. As is further analyzed in this Community Plan Exemption Checklist, the Project is consistent with the existing land use designation and Interim Development Standard, and no changes to these designations are required or proposed. 3.3 Operational Characteristics For purposes of this evaluation, the proposed building is assumed to be operational 24 hours a day, 7 days a week, with exterior loading dock area and parking areas illuminated at night. The building is designed such that business operations would be conducted within the building, except for traffic movement, parking, and the loading and unloading of trucks at designated dock doors. 3.4 Construction and Phasing Construction activities include demolition and removal of the existing structures, landscaping, and pavement; site preparation; excavation and grading; building construction; paving; and architectural coating. Over - excavation and re -compaction of the site soils would extend at least 7.5 and 3 feet below finished or existing grade (whichever is deeper) within building and pavement/flatwork areas, respectively. Construction activities are anticipated to last approximately 12 months, with the entire Project constructed in one phase. Project construction would occur within the hours allowed by the City's Noise Ordinance, which limits construction noise to between the hours of 7:00 A.M. and 8:00 P.M. Monday through Saturday. Construction activities are prohibited at any time on Sunday or a federal holiday (City of Santa Ana Municipal Code, Section 1 8-314(e). 14 Doty Council 41 — 5-9- 121120112� 0 City of Santa Ana Community Plan Exemption Checklist Gary Avenue Business Park Project 3.5 Prior Environmental Document(s) for Analyzing State CEQA Guidelines Section 15183 • City of Santa Ana GPU Final Recirculated Draft Program Environmental Impact Report, certified April 19, 2022. State Clearinghouse Number 2020029087. 3.6 Location of Prior Environmental Document(s) • City of Santa Ana Planning Division Counter, 20 Civic Center Plaza, M-20, Santa Ana, CA 92701; and accessible online at the City's website: https://www.santa-ana.org/genera1-plan- environmental-documents/ 3.7 Discretionary Approvals In accordance with State CEQA Guidelines Sections 15050 and 15367, the City is the designated Lead Agency for the Project and has principal authority and jurisdiction for CEQA actions and Project approval. Responsible Agencies are those agencies that have jurisdiction or authority over one or more aspects associated with the development of a proposed Project and/or mitigation. Trustee Agencies are state agencies that have jurisdiction by law over natural resources affected by a proposed Project. There are no Responsible Agencies or Trustee Agencies, or any other public agencies, whose approval is required for approving this Project. The following discretionary actions are anticipated to be necessary for implementation of the Project: City of Santa Ana • Amendment Application (zone change) to update the site's zoning designation to change from Professional (P) to Light Industrial (M-1) to be consistent with the FLEX-3 General Plan land use designation and the M-1 interim development standard for FLEX-3, and • Conditional Use Permit (CUP), to allow a freight, bus, and truck terminal for distribution activities, as defined by Santa Ana Municipal Code (SAMC) Section 41-60 and permitted by SAMC Section 41- 472.5(i). 15 City of Santa Ana This page intentionally left blank. Community Plan Exemption Checklist Gary Avenue Business Park Project 16 0ty ems;ndo 41—6-1 12-1-2012022 City of Santa Ana Figure 5: Conceptual Site Plan Community Plan Exemption Checklist Gary Avenue Business Park Project 0ty ems;ndo 41—6-2 12-1-2012022 City of Santa Ana This page intentionally left blank. Community Plan Exemption Checklist Gary Avenue Business Park Project 18 0ty ems;ndo 41—6-2- 12-1-2012022 City of Santa Ana Figure 6: Proposed Elevations Community Plan Exemption Checklist Gary Avenue Business Park Project 19 0ty ems;ndo 41—6-4 12-1-2012022 City of Santa Ana This page intentionally left blank. Community Plan Exemption Checklist Gary Avenue Business Park Project 20 city e1;ndo 41 — FF 12-1-2012022 City of Santa Ana Figure 7: Conceptual Rendering Community Plan Exemption Checklist Gary Avenue Business Park Project 21 city e1;ndo 41 — F6 12-1-2012022 City of Santa Ana This page intentionally left blank. Community Plan Exemption Checklist Gary Avenue Business Park Project r0ty ems;ndo I 41—67 1�212012022 22 City of Santa Ana Figure 8: Conceptual Landscape Plan Community Plan Exemption Checklist Gary Avenue Business Park Project 23 0ty ems;ndo 41 — 68 12-1-2012022 City of Santa Ana This page intentionally left blank. Community Plan Exemption Checklist Gary Avenue Business Park Project 24 0ty ems;ndo 41—6-9- 12-1-2012022 City of Santa Ana 4 ENVIRONMENTAL CHECKLIST 4.1 CHECKLIST FORM Community Plan Exemption Checklist Gary Avenue Business Park Project Project Title: Garry Avenue Business Park Project Lead Agency Name and Address: City of Santa Ana, 20 Civic Center Plaza, M-20, Santa Ana, CA 92701 Contact Person and Phone Number: Ali Pezeshkpour, AICP. Principal Planner, 714-647-5882 Project Location: 1700 - 1740 East Garry Avenue, Santa Ana, Ca 92705 (APN: 430-171 -07) Project Sponsor's Name and Address: Greenlaw Management Inc., 18301 Von Karman Avenue, Suite 300, Irvine, CA 92612 General Plan Designation: FLEX-3 Zoning/ Interim Development Standard: Light Industrial (M-1) Project Description: Redevelopment of a 5.2-acre parcel currently developed with three commercial industrial buildings that total 103,031 square feet with a new 91,500 square foot light industrial building that would accommodate two tenants. One side would consist of a 42,700 square feet of warehouse space and 2,500 square feet of office and mezzanine space and the other would have 46,800 square feet of warehouse space and 2,500 square feet of office and mezzanine space. Each side of the building have 5 dock doors. See Section 3, above, for additional details about the proposed Project. Surrounding Land Uses and Setting: The Project site is located within a developed area, including the SR-55 along the northwest side of the site, and commercial, light industrial, and office/business park uses, and roadways surrounding the other sides of the site. Other Public Agencies Whose Approval is Required: Not Applicable. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code 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.? Assembly Bill (AB) 52 (Chapter 532, Statutes of 2014) establishes a formal consultation process for California tribes as part of the CEQA process and equates significant impacts on "tribal cultural resources" with significant environmental impacts (PRC Section 21084.2). AB 52 requires that lead agencies undertaking CEQA review evaluate, just as they do for other historical and archeological resources, a project's potential impact to a tribal cultural resource. In addition, AB 52 requires that lead agencies, upon request of a California Native American tribe, begin consultation prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report for a project. AB 52 does not apply to a Notice of Exemption or Addendum, such as this Community Plan Exemption Checklist (State CEQA Guidelines Section 151 83). As such, AB 52 consultation is not required for this Project. Oil�Sr ln�iI 41 _ 70 1�211201282 25 City of Santa Ana 4.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED Community Plan Exemption Checklist Gary Avenue Business Park Project The subject areas checked below were determined to be new significant environmental effects or to be previously identified effects that have a substantial increase in severity either due to a change in project, change in circumstances or new information of substantial importance, as indicated by the checklist and discussion on the following pages. ❑ Aesthetics ❑ Agriculture and Forestry Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Energy ❑ Geology/Soils ❑ Greenhouse Gas Emissions ❑ Hazards and Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation ❑ Tribal Cultural Resources ❑ Utilities/Service Systems ❑ Wildfire ❑ Mandatory Findings of Significance 4.3 DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ® I find that the proposed project WOULD NOT result in: 1) a peculiar impact that was not identified as a significant impact under the prior EIR; 2) a significant impact that was not analyzed as significant in the prior EIR; 3) a potentially significant offsite impact or cumulative impact not discussed in the prior EIR; or 4) a more severe impact due to substantial new information that was not known at the time the prior EIR. NO FURTHER ACTION is required, and a Notice of Determination (Section 15094) will be filed indicating that the project IS ELIGIBLE for an EXEMPTION under State CEQA Guidelines Section 15183. ❑ I find that the proposed Project would result in: 1) a peculiar impact that was not identified as a significant impact under the prior EIR; 2) a significant impact that was not analyzed as significant in the prior EIR; 3) a potentially significant offsite impact or cumulative impact not discussed in the prior EIR; or 4) a more severe impact due to substantial new information that was not known at the time the prior EIR. I find that FURTHER ENVIRONMENTAL REVIEW is necessary to analyze those effects that are subject to CEQA, and therefore, this Project is NOT ELIGIBLE for an EXEMPTION under State CEQA Guidelines Section 15183. Signature Printed Name Date Title oty Counn-il 41 — 7a 12112012022 26 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project EVALUATION OF ENVIRONMENTAL IMPACTS This Community Plan Exemption Checklist provides an analysis of potential environmental impacts resulting from the Project. Following the format of CEQA Guidelines Appendix G Checklist, environmental effects are evaluated to determine if the Project would result in a potentially significant impact triggering additional review under State CEQA Guidelines Section 15183. • Items checked "Peculiar Impact that is not Substantially Mitigated" indicates that the Project could result in a peculiar impact, including a physical change that belongs exclusively or especially to the project or that is a distinctive characteristic of the project or the project site and that peculiar impact is not substantially mitigated by the imposition of uniformly applied development policies or standards. (State CEQA Guidelines Section 151 83(b)(1 )(f)) • Items checked "Impact not Analyzed as Significant Effect in GPU EIR" indicates that the project could result in a significant effect that was not analyzed as significant in the GPU EIR. Such a project impact is not significant if it can be substantially mitigated by the imposition of uniformly applied development policies or standards. (State CEQA Guidelines Section 15183(b)(2),(c),(f)) • Items checked "Potentially Significant Offsite or Cumulative Impact Not Discussed in GPU EIR" indicates the project could result in a significant offsite or cumulative impact that was not discussed in the GPU EIR. Such an offsite or cumulative project impact is not significant if it can be substantially mitigated by the imposition of uniformly applied development policies or standards. (State CEQA Guidelines Section 151 83(b)(3),(c),(f)) • Items checked "Adverse Impact More Severe Based on Substantial New Information" indicates that there is new information that leads to a determination that a project impact is more severe than discussed in the GPU EIR. Such an impact is not more severe if it can be substantially mitigated by the imposition of uniformly applied development policies or standards. (State CEQA Guidelines Section 15183(b)(4),(c),(f)). • Items checked "No New Impact" indicates that potential impacts from the project have been adequately analyzed in the GPU EIR. A project does not qualify for a Community Plan Exemption if it is determined that it would result in one or more of the following: 1) a peculiar impact that was not identified as a significant impact under the GPU EIR, 2) a significant impact was not analyzed as significant in the GPU EIR, 3) a potentially significant offsite impact or cumulative impact not discussed in the GPU EIR, or 4) a more severe impact due to substantial new information that was not known at the time the GPU EIR was certified. However, if a project having any of the foregoing impacts can be substantially mitigated through the imposition of uniformly applied development policies or standards. Uniformly applied development policies or standards that are applicable to the proposed project are included within this analysis. A summary of the City's analysis of each potential environmental effect is provided in the checklist below for each CEQA subject area. C0ty Gn-11nri1 41 — 77 1212012022 27 City of Santa Ana 5 ENVIRONMENTAL ANALYSIS Community Plan Exemption Checklist Gary Avenue Business Park Project This section provides evidence to substantiate the conclusions in the environmental checklist. The section briefly summarizes the conclusions of the GPU EIR, and then discuss whether or not the proposed Project is consistent with the findings contained in the GPU EIR, or if further analysis is required pursuant to CEQA. Mitigation measures referenced herein are from the GPU EIR. Project Significant Potentially Adverse No New Peculiar Impact not Significant Impact Impact Impact that is Analyzed as Off site or More Severe not Significant in Cumulative based on Substantially the Prior EIR Impact not Substantial Mitigated by Discussed New Uniformly in the prior Information Applied EIR Policies 5.1 AESTHETICS. 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 from 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 adversely affect day or nighttime views in the area? Summary of Impacts Identified in the GPU EIR ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The Final Recirculated GPU EIR addressed aesthetics impacts on pages 5.1-20 through 5.1 -32. The GPU EIR describes that buildout under the GPU would be at a greater intensity/density in all five focus areas compared to existing conditions. While maximum height would generally be similar to existing buildings, the overall increase in allowed intensity and height across the focus areas would lead to a visually denser urban setting and alter Santa Ana's existing skyline. However, the EIR determined that buildout under the GPU would not have a substantial adverse effect on scenic vistas (such as the Santa Ana River and Santiago Creek) since these existing open space parcels would remain unchanged. Additionally, no state scenic highways, eligible or officially designated, traverse the city nor are located near the city. Therefore, the GPU would not damage scenic resources, including rock outcroppings, trees, and historic buildings within state scenic highways. The EIR also determined that the GPU would create new sources of fight or glare, but adverse impacts would be minimized with compliance to building codes. rjty o1;ndo 41 — 72 1�212012022 28 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Impacts Associated with the Proposed Project a) Have a substantial adverse effect on a scenic vista? No New Impact. The GPU EIR describes that the 55 Freeway/Dyer Street focus area (that the Project site is located in) is not along a scenic corridor, but it is located in close proximity to a major City entry. The GPU EIR describes that the FLEX land use designation in the area allows for an urban environment with a mix of uses instead of an area that is almost exclusively focused on professional office and industrial. The GPU EIR further identifies that the Scenic Corridors Element identifies selected views of the City from SR-55 and that development consistent with the GPU, would enhance views of the City from SR-55. As the proposed Project would redevelop that site with a new modern one-story building, consistent with the GPU land use designation, it would not result in an impact related to a scenic vista. As detailed in Figure 5, Conceptual Site Plan, the proposed building would be setback from the roadway; and therefore, would not encroach into existing views along the Garry Avenue or SR-55 roadway corridors. Thus, the Project would result in no new impact related to effects on a scenic vista. b) Substantially damage scenic resources, including, trees, rock outcroppings, and historic buildings within a state scenic highway? No New Impact. The California State Scenic Highway System Map shows that there are no officially designated state scenic highways in the vicinity of the proposed Project. The only officially designated scenic highway within Orange County is a portion of SR-91 that is located between SR-55 to east of the Anaheim city limit, which is not in the vicinity of the Project site. Likewise, there are no County -designated scenic highways that run through the City of Santa Ana. Further, the proposed Project site is flat and surrounded by an urban built environment, and there are no other scenic resources, including trees, rock outcroppings, or historic buildings within the viewshed of the Project. Therefore, no new impacts related to scenic resources within a state scenic highway would occur. 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 from 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 New Impact. The Project is in an urbanized area. The Project proposes to demolish the existing three office buildings and to construct a new approximately 91,500 square foot light industrial building that would accommodate two tenants. The proposed building would be developed in compliance with the FLEX-3 land use designation and M-1 (Light Industrial) Interim Development Standard as shown in Table AES-1 below. Table AES-1: Project Consistency with GPU and Municipal Code Standards Development Feature Development Standard Project Consistency GPU Standards for FLEX-3 FAR 3.0 The Project would have a FAR of 0.43 Building Height Maximum of 10 stories The proposed building would be a maximum height of 43 feet 6 inches which is less than the 10-story maximum. Municipal Code Standards for the M-1 Interim Development Standard Building Height May exceed the standard 35-foot The proposed buildings would be a limit set forth in the M-1 zoning maximum height of 43 ft and 6 inches. 29 jty e;;n�j1 41 - 74 1�21-2012022 City of Santa Ana Community Plan Exemption Checklist Gary Avenue Business Park Project Development Feature Development Standard Project Consistency district as the project site is located in a height -exempt area. Lot Size Minimum of 12,000 SF The Project site is 5.2 acres Street Frontage Minimum of 100 ft Landscaping A yard is required along any lot The Project would include a 26-foot line which abuts a public street landscaped setback from Gary which in shall be of an area not Avenue. less than the length of such lot line in feet multiplied by: (i) Twenty (20) feet, if the street is designated in the general plan of the city as an arterial street; or (ii) Ten (10) feet, if the street is not so designated as an arterial street. The yard required by paragraph (a) shall include a strip immediately adjacent to the street and shall be of a width not less than: (i) Ten (10) feet, if the street is designated in the general plan of the city as an arterial street; or (ii) Five (5) feet, if the street is not so designated as an arterial street. Wall Height Walls and fences shall not exceed A 10-foot-high decorative screen wall 10 ft in height and shall not is proposed along the southwest exceed 4 ft in height where the property line. A 9-foot-high tube steel wall or fence extends into the screen fence is proposed along the required front yard or southeast property line, and a 10- landscaped area foot -high landscape buffer is proposed along the northwest property line adjacent to SR-55. Visual character and quality of the proposed industrial building would be similar to the existing building, but with aesthetic improvements, such as new architectural treatments, new landscaping, lighting, etc. Therefore, the Project would be consistent with regulations governing scenic quality of the Project site. As described previously, the GPU EIR determined that development consistent with the GPU, would enhance views of the City from SR-55. As the proposed Project would redevelop that site that is adjacent to SR-55 with a new modern one-story building, consistent with the GPU land use designation, it would not result in an impact related to visual character or quality. Furthermore, the Project would not conflict with an applicable zoning or other regulation governing scenic quality. Therefore, and no new impacts would occur. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? No New Impact. The Project site is located within a developed urban area, adjacent to highly used roadways. Existing sources of light in the vicinity of the Project site includes: vehicle lights from SR-55, streetlights along Garry Avenue, parking lot lighting, building illumination, security lighting, landscape 30 rjty o1;ndo 41 _ 75 '�212012022 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project lighting, and lighting from building interiors that pass -through windows. The exterior lighting on the Project site includes exterior lighting throughout the parking areas and lighting at buildings entrances. The proposed Project would include the provision of nighttime lighting for security purposes around all of the building and parking areas. Implementation of the proposed Project would result in a similar intensity development on the site than currently exists, which would contribute similar sources of light to the overall ambient nighttime lighting conditions. Also, all outdoor lighting would be hooded, appropriately angled away from adjacent land uses, and would comply with the Santa Ana Municipal Code Section 41-611.1 and Section 41 -1 304 that provides specifications for shielding lighting away from adjacent uses and intensity of security lighting. Because the Project area is within an urban area with various sources of existing nighttime lighting, and the Project would be required to comply with the City's lighting regulations that would be verified by the City's Planning and Building Agency during the permitting process, the lighting increase in light that would be generated by the Project would not adversely affect day or nighttime views in the area. Overall, no new lighting impacts would occur from the Project. Reflective light (glare) can be caused by sunlight or artificial light reflecting from finished surfaces such as window glass or other reflective materials. Generally, darker, or mirrored glass would have a higher visible light reflectance than clear glass. Buildings constructed of highly reflective materials from which the sun reflects at a low angle can cause adverse glare. The proposed Project would not use highly reflective surfaces, and the proposed building would not be glass sided. Although the proposed building would contain windows, the windows would be separated by stucco and architectural treatments, which would limit the potential of glare. In addition, as described previously, onsite lighting would be angled down and shielded, which would avoid the potential on onsite lighting to generate glare. Therefore, the Project would not generate substantial sources of glare, and no new impacts would occur. Conclusion With regards to the issue area of aesthetics, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) None. GPU EIR Mitigation Measures None are applicable to the Project. 31 rjty e;;ndo 41 _ 7a City of Santa Ana Community Plan Exemption Checklist Gary Avenue Business Park Project Project Significant Potentially Adverse No New Peculiar Impact not Significant Impact Impact Impact that is Analyzed as Off site or More Severe not Significant in Cumulative based on Substantially the Prior EIR Impact not Substantial Mitigated by Discussed New Uniformly in the prior Information Applied EIR Policies 5.2 AGRICULTURE AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. 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 zoning for agricultural ❑ ❑ ❑ ❑ use, or a Williamson 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 51 104(g))? d) Result in the loss of forest land or conversion ❑ ❑ ❑ ❑ LEI of forest land to non -forest use? 32 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project e) 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? Summary of Impacts Identified in the GPU EIR The Final Recirculated GPU EIR addressed agriculture and forestry resource impacts on pages 8-1 and 8-2. The GPU EIR determined that the City does not have any significant agricultural resources and has no land designated or zoned for agricultural use and does not have any land subject to a Williamson Act contract. Santa Ana does not have any land designated or zoned for forestland, timberland, or zoned Timberland Production. Thus, the GPU EIR concluded that impacts associated with conversion of farmland and forestry would not occur, and no mitigation measures related to agricultural, or forestry were required or identified. Impacts Associated with the Proposed Project a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No New Impact. The Project site is on Urban and Built -Up Land according to the California Department of Conservation's California Important Farmland Finder Map. The Project site is surrounded by Urban and Built - Up Land. No farmland or other agricultural uses are located near the Project site. Therefore, the Project would result in no new impacts related to farmland or agriculture. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No New Impact. As identified above, the Project site does not include agricultural land. The Project site has a General Plan land use of FLEX-3 land use and an Interim Development Standard of M1 (Light Industrial). Additionally, the Project site is not currently under an active Williamson Act contract. Therefore, the Project would result in no new impacts on conflicts with existing zoning for agricultural use or a Williamson 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 51 104(g))? No New Impact. As discussed above, the Project site is currently developed and located within an urban and developed area. The Project site does not include forest land or timberland. The Project site is designated as FLEX-3 and has an Interim Development Standard of M1. Therefore, the Project would result in no new impacts related to conflicts with existing forest land or timberland zoning. d) Result in the loss of forest land or conversion of forest land to non -forest use? No New Impact. As discussed above, the Project site is currently developed and located within an urban and developed area. The Project site does not include forest land or timberland. Therefore, the Project would result in no new impacts related to conversion of forest land to non -forest use. e) 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? 33 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project No New Impact. As identified above, the Project site does not include agricultural land. The site is developed and is not used for agricultural purposes. The site is not designated or zoned for forest land. The proposed Project would not convert farmland to a nonagricultural use or convert forest land to a non -forest use. Therefore, no impacts would occur, and the Project would not 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. Therefore, the Project would result in no new impacts related to conversion of agricultural or forest land to non-agricultural or non -forest use. Conclusion With regards to the issue area of agricultural/forestry resources, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) None. GPU EIR Mitigation Measures Applicable to the Project None. Cot y Go11nril 41 — 9 1212012022 34 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Project Significant Potentially Adverse No Peculiar Impact not Significant Impact New Impact that is Analyzed as Off site or More Severe Impact not Significant in Cumulative based on Substantially the Prior EIR Impact not Substantial Mitigated by Discussed New Uniformly in the prior Information Applied EIR Policies 5.3 AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) 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? c) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors) affecting a substantial number of people? Summary of Impacts Identified in the GPU EIR ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The Final Recirculated GPU EIR addressed air quality impacts on pages 5.2-45 through 5.2-72. The GPU EIR determined that the GPU is inconsistent with the South Coast Air Quality Management Plan (AQMP) because buildout under the GPU would exceed the population estimates assumed for the AQMP and would cumulatively contribute to the nonattainment designations of the South Coast Air Basin (SoCAB). Air pollutant emissions associated with buildout of the GPU would cumulatively contribute to the nonattainment designations in the SoCAB. The EIR included Mitigation Measure AQ-2; however, due to the magnitude and scale of the land uses that would be developed, no mitigation measures are available that would reduce operation and construction impacts below South Coast AQMD thresholds. Therefore, the GPU determined that impacts related to the AQMP, and air quality emissions would remain significant and unavoidable. The GPU EIR also determined that construction activities associated with buildout of the GPU could generate short-term emissions that exceed the South Coast AQMD'S significance thresholds during this time and cumulatively contribute to the nonattainment designations of the SoCAB. Implementation of Mitigation Measure AQ-1 would reduce criteria air pollutant emissions from construction -related activities to the extent feasible. However, the EIR determined that construction time frames and equipment for site -specific development projects have a potential for multiple development projects to be constructed at one time, resulting in significant construction -related emissions. Thus, impacts were determined to be significant and unavoidable. 35 0ty G e; ; ndo 1 41 - 8-9 12-1-2012022 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project The GPU EIR also determined that because existing sensitive receptors may be close to project -related construction activities and large emitters of on -site operation -related criteria air pollutant emissions, construction and operation emissions generated by individual development projects have the potential to exceed South Coast AQMD's Local Significance Thresholds (LSTs). The EIR describes that Mitigation Measures AQ-1 and AQ-2 would reduce the regional construction and operation emissions associated with buildout of the GPU and therefore also result in a reduction of localized construction- and operation -related criteria air pollutant emissions, to the extent feasible. However, even with the implementation of these mitigation measures, impacts would remain significant and unavoidable. The GP EIR also describes that buildout of the GPU could expose sensitive receptors to substantial concentrations of toxic air contaminants JAC). Mitigation Measure AQ-3 was included to ensure mobile sources of TACs not covered under South Coast AQMD permits are considered during subsequent, project - level environmental review by the City of Santa Ana. The EIR describes that individual development projects would be required to meet the incremental risk thresholds established by South Coast AQMD, with implementation of Mitigation Measure AQ-3, and TACs would be less than significant a project level but would result in a cumulative contribution to health risk that is significant and unavoidable. The GPU EIR determined that the GPU Industrial and Industrial Flex land uses are not anticipated to produce odors, and Mitigation Measure AQ-4 would ensure that odor impacts are minimized, and facilities would comply with South Coast AQMD Rule 402. Impacts Associated with the Proposed Project a) Conflict with or obstruct implementation of the applicable air quality plan? No New Impact. The Project site is located in the South Coast Air Basin and is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD and the SCAG are responsible for preparing the Air Quality Management Plan (AQMP), which addresses federal and state Clean Air Act (CAA) requirements. The AQMP details goals, policies, and programs for improving air quality in the Basin. Criteria for determining consistency with the AQMP are defined in Chapter 12, Sections 12.2 and 12.3 of the SCAQMD's CEQA Air Quality Handbook (1993). A project is considered consistent with the AQMP if it would not result in or cause California Ambient Air Quality Standards (CAAQS) or National Ambient Air Quality Standards (NAAQS) violations. In addition, the SCAQMD considers a project consistent with the AQMP if the project would not result in an increase in the frequency or severity of existing air quality violations or cause a new violation. Furthermore, The South Coast Air Basin (SCAB) is in a non -attainment status for federal ozone standards, federal carbon monoxide standards, and state and federal particulate matter standards. Any development in the SCAB, including the proposed Project, could cumulatively contribute to these pollutant violations. Should construction or operation of the proposed Project exceed these thresholds a significant impact could occur; however, if estimated emissions are less than the thresholds, impacts would be considered less than significant. The Project proposes to demolish the existing three buildings, which total 103,031 square feet and to construct a new approximately 91,500 square foot industrial building that would accommodate two tenants with 5 dock doors for each tenant. Of the 91,500 square feet, 81,500 square feet would be used for warehouse facility and 10,000 square feet would be used for office space. The GPU and GPU EIR assumed that the Project site would be developed with the FLEX-3 designation that allows for clean industrial uses. The Project is consistent with the development assumptions for Project site in the GPU EIR, and the land use designations of the GPU are consistent with the 2016 AQMP. As detailed in Response b), the CalEEMod modeling prepared for the proposed Project determined that construction and operation of the Project would not exceed SCAQMD thresholds, including the CAQQS and NAAQS. The proposed Project is therefore considered to be consistent with the current 2016 AQMP. Therefore, the Project would result in no new impacts related to conflict with implementation of an air quality plan. 36 ram" Co inn-ii 41 - 81 121-2 0 12() 22 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project b) 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)? No New Impact. SCAQMD states that if an individual project results in air emissions of criteria pollutants (ROG, CO, NOx, SOx, PMio, and PM2.5) that exceed the SCAQMD's recommended daily thresholds for project -specific impacts, then it would also result in a cumulatively considerable net increase of the criteria pollutant(s) for which the project region is in non -attainment under an applicable federal or state ambient air quality standard. The methodologies from the SCAQMD CEQA Air Quality Handbook are used in evaluating Project impacts. SCAQMD has established daily mass thresholds for regional pollutant emissions, which are shown in Table AQ-1. Table AQ-1: SCAQMD Regional Daily Emissions Thresholds Pollutant Construction (Ibs./day) Operations (Ibs./day) NOx 100 55 VOC 75 55 PM10 150 150 PM2.5 55 55 sox 150 150 CO 550 550 Lead 3 3 Source: Air Quality Assessment (Appendix A) Construction Construction activities associated with the proposed Project would generate pollutant emissions from the following: (1) demolition of the existing structures and removal of the existing infrastructure and pavement, (2) site preparation, (3) grading, (4) building construction, (5) paving, and (6) architectural coating. The volume of emissions generated on a daily basis would vary, depending on the intensity and types of construction activities occurring. It is mandatory for all construction Projects to comply SCAQMD Rules, including Rule 403 for controlling fugitive dust, PMio, and PM2.5 emissions from construction activities. Rule 403 requirements include, but are not limited to, applying water in sufficient quantities to prevent the generation of visible dust plumes, applying soil binders to uncovered areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the Project site, covering all trucks hauling soil with a fabric cover and maintaining a freeboard height of 1 2-inches, and maintaining effective cover over exposed areas. Compliance with Rules 403 and 1 1 1 3 were accounted for in the construction emissions modeling. As shown in Table AQ-2, construction emissions generated by the proposed Project would not exceed SCAQMD regional thresholds. Further, the Project s contribution to cumulative levels of any criteria pollutant would not be cumulatively considerable and would be less than significant. Table AQ-2 Maximum Peak Construction Emissions Reactive Coarse Fine Organic Nitrogen Carbon Sulfur Particulate Particulate Construction Year Gases (ROG) Oxide (NOx) Monoxide Dioxide Matter Matter (CO) (S02) (PM10) (PM2.5) Construction Year 1 3.96 40.82 24.00 0.07 20.91 11.53 Construction Year 2 45.41 17.55 19.85 0.04 2.05 1.11 SCAQMD Threshold 75 100 550 750 750 55 Exceed SCAQMD No No No No No No Threshold? Source: Air Quality Assessment (Appendix A) 37 �0ty G o11ndo1 41 — � 1-21-2012022 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Operation Operational activities associated with the Project would result in emissions of CO, VOCs, NOx, SOx, PMio, and PM2.5. Operational related emissions are expected from the following primary sources: area source emissions, energy source emissions, mobile source emissions, and on -site equipment emissions. Implementation of the proposed Project would result in long-term regional emissions of criteria air pollutants and ozone precursors associated with area sources, such as natural gas consumption, landscaping, applications of architectural coatings, and consumer products. Operational vehicular emissions would generate a majority of the emissions from implementation of the Project. Operational emissions associated with the proposed Project were modeled using CaIEEMod and are presented in Table AQ-3. As shown, the proposed Project would result in long-term regional emissions of criteria pollutants, however, these emissions would be below the SCAQMD's applicable thresholds. Therefore, the Project's operational emissions would not exceed the NAAQS and CAAQS, would not result in a cumulatively considerable net increase of any criteria pollutant, and impacts would be less than significant. Table AQ-3: Proposed Project Operational Emissions Source Reactive Organic Gases (ROG) Nitrogen Oxide (NOx) Carbon Monoxide (CO) Sulfur Dioxide (S02) Coarse Particulate titter ) Fine Particulate Matter (M2.5) Summer Emissions Area Source Emissions 2.11 0.00 0.02 0.00 0.00 0.00 Energy Emissions 0.01 0.10 0.08 0.00 0.00 0.00 Mobile Emissions 0.52 6.65 6.34 0.04 2.80 0.81 Off -road Emissions 1.97 16.47 15.95 0.04 0.85 0.78 Total Emissions 4.61 23.22 22.39 0.08 3.65 1.59 SCAQMD Threshold 55 55 550 150 55 750 Exceeds Threshold? No No No No No No Winter Emissions Area Source Emissions 2.10 0.00 0.02 0.00 0.00 0.00 Energy Emissions 0.01 0.10 0.08 0.00 0.00 0.00 Mobile Emissions 0.53 6.92 6.08 0.04 2.80 0.81 Off -road Emissions 1.97 16.47 15.95 0.04 0.85 0.78 Total Emissions 4.61 23.49 22.13 0.08 3.65 1.59 SCAQMD Threshold 55 55 550 750 55 750 Exceeds Threshold? No No No No No No Source: Air Quality Assessment (Appendix A) b) Expose sensitive receptors to substantial pollutant concentrations? No New Impact. The daily construction emissions generated onsite by the proposed Project are evaluated against SCAQMD's Localized Significance Thresholds (LSTs) to determine whether the emissions would cause or contribute to adverse localized air quality impacts. Receptor locations are off -site locations where individuals may be exposed to emissions from Project activities. Some people are especially sensitive to air pollution and are given special consideration when evaluating air quality impacts from projects. These groups of people include children, the elderly, individuals with pre- existing respiratory or cardiovascular illness, and athletes and others who engage in frequent exercise. Structures that house these persons or places where they gather to exercise are defined as "sensitive 38 ( oty Co inril 41 - Eid 121-2 0-11-2 G)D_ Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project receptors"; they are also known to be locations where an individual can remain for 24 hours. The nearest residential receptor is located approximately 2,200 feet north of the Project site. In addition, it is noted that a dialysis center is 700 feet to the northeast. Daily construction emissions generated onsite by the proposed Project are evaluated against SCAQMD's screening look -up tables for LSTs that have been interpolated for a 2.5-acre site as the proposed construction would disturb a maximum of 2.5 acres per day during grading activities. The appropriate Source Receptor Area (SRA) for the LST analysis is Central Orange County (SRA 17). Although the nearest residence is approximately 2,200 feet from the Project, the Air Quality Assessment provides a conservative analysis of potential LST impacts at the dialysis center, 700 feet (21 3 meters) from the site is provided to identify maximum potential impacts. As shown in Table AQ-4, emissions resulting from Project construction would not exceed thresholds of significance established by the SCAQMD for any criteria pollutant. Table AQ-4: Project Localized Significance Summary of Construction Construction Activity Nitrogen Oxide (NOx) Carbon Monoxide (CO) Particulate Matter (PM10) Particulate Matter (PM2.5) Demolition (2021) 31.44 21.57 11.72 2.98 Site Preparation (2021) 40.50 21.15 20.91 11.53 Grading (2021) 24.74 15.86 7.89 4.32 Building Construction (2021) 17.43 16.58 0.96 0.90 Building Construction (2022) 15.62 16.36 0.81 0.76 Paving (2022) 1 1.1 2 14.58 0.57 0.52 Architectural Coating (2022) 1.41 1.81 0.08 0.08 Maximum Daily Emissions 40.50 21.57 20.91 11.53 SCAQMD Localized Screening Threshold (adjusted for 2.5 acres at 213 meters) 159 31119 76 29 Exceed SCAQMD Threshold? No No No No Source: Air Quality Assessment (Appendix A) Table AQ-5 identifies the localized operational impacts at the nearest receptor location in the vicinity of the Project. As shown in Table AQ-5, emissions resulting from Project operations would not exceed thresholds of significance established by the SCAQMD for any criteria pollutant. Therefore, the Project would result in no new impact related to exposure of sensitive receptors to substantial pollutant concentrations. Table AQ-5: Project Localized Significance Summary of Operations Nitrogen Carbon Particulate Particulate Activity Oxide (NOx) Monoxide Matter (PMio) Matter (PM2.5) (CO) On -Site Emissions (Area, Energy, and Off- 16.57 16.05 0.85 0.78 road Equipment Sources) SCAQMD Localized Significance 204 4,248 23 8 Threshold (5 acres at 2 7 3 meters) Exceed SCAQMD Threshold? No No No No Source: Air Quality Assessment (Appendix A) 39 Doty Coun-01 41 - 8-4 1 0112� 9 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? No New Impact. The proposed Project does not include heavy industrial, agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding, or other land uses that typically result in emissions associated with odor complaints, based on the SCAQMD CEQA Air Quality Handbook. The Project would provide for warehousing. Potential emissions that may lead to odors during construction activities include equipment exhaust. However, these emissions and any associated odors would be localized and temporary in nature and would not be sufficient to affect a substantial number of people or result in a nuisance as defined by SCAQMD Rule 402. Therefore, development pursuant to the proposed Project would not result in any substantial impacts related to odor. The Project would result in no new impacts on other emissions affecting a substantial number of people. Conclusion With regards to the issue area of air quality, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) AQMD Rule 402. The construction plans shall include a note that the project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 402. The project shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. AQMD Rule 403. The construction plans shall include a note that the project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 403, which includes the following: • All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. • The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered, with complete coverage of disturbed areas, at least 3 times daily during dry weather; preferably in the mid -morning, afternoon, and after work is done for the day. The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less. AQMD Rule 1 1 13. The construction plans shall include a note that the project is required to comply with the provisions of South Coast Air Quality Management District Rule (SCAQMD) Rule 1 1 1 3. Only "Low -Volatile Organic Compounds" paints (no more than 50 gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used. GPU EIR Mitigation Measures Applicable to the Project AQ-1 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction -related criteria air pollutants are 40 ., rjty e;;ndo 41 _ Qti 1�21-2012�,122 City of Santa Ana Community Plan Exemption Checklist Gary Avenue Business Park Project determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction -related emissions could include, but are not limited to: • Require fugitive -dust control measures that exceed South Coast AQMD's Rule 403, such as: o Use of nontoxic soil stabilizers to reduce wind erosion. o Apply water every four hours to active soil -disturbing activities. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower • Ensure that construction equipment is properly serviced and maintained to the manufacturer's standards. • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit on -site vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • Use Super -Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super -Compliant architectural coating manufactures can be found on the South Coast AQMD's website. Proposed Project Applicability: Mitigation Measure AQ-1 is applicable to the proposed Project and an Air Quality Assessment has been completed and provided in Appendix A. AQ-2 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation -related air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: • For site -specific development that require refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in for the anticipated number of refrigerated trailers to reduce idling time and emissions. • Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. • Site -specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) 41 .. rjty o1;ndo 41 _ Qa 1�2-1-2012�,122 City of Santa Ana of the CALGreen Code. Community Plan Exemption Checklist Gary Avenue Business Park Project • Provide preferential parking spaces for low -emitting, fuel -efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant -provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star —certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star —certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Proposed Project Applicability: Mitigation Measure AQ-2 is applicable to the proposed Project and an Air Quality Assessment has been completed and provided in Appendix A. AQ-3 Prior to discretionary approval by the City of Santa Ana, project applicants for new industrial or warehousing development projects that 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel- powered transport refrigeration units, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Santa Ana for review and approval. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District and shall include all applicable stationary and mobile/area source emissions generated by the proposed project at the project site. If the HRA shows that the incremental cancer risk and/or noncancer hazard index exceed the respective thresholds, as established by the South Coast AQMD at the time a project is considered (i.e., 10 in one million cancer risk and 1 hazard index), the project applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACTs), including appropriate enforcement mechanisms, are capable of reducing potential cancer and noncancer risks to an acceptable level. T-BACTs may include, but are not limited to, restricting idling on -site, electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. T BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. Proposed Project Applicability: Mitigation Measure AQ-3 is not applicable to the proposed Project because it would only generate 44 truck trips per day, as detailed in Section 5.17, Transportation. rjty o1;ndoI 41 — A7 1�212012022 42 City of Santa Ana 5.4 BIOLOGICAL RESOURCES. 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 regional 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 US Fish and Wildlife Service? c) 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? d) 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? 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 other approved local, regional, or state habitat conservation plan? Community Plan Exemption Checklist Gary Avenue Business Park Project Project Significant Potentially Adverse No Peculiar Impact not Significant Impact New Impact that is Analyzed Off site or More Severe Impact not as Cumulative based on Substantially Significant Impact not Substantial Mitigated by in the Prior Discussed New Uniformly EIR in the prior Information Applied EIR Policies ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 43 C 0ty Gn-11nril 41 - � 1 0/-2 0-2- Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Summary of Impacts Identified in the GPU EIR The Final Recirculated GPU EIR addressed biological resource impacts on pages 5.3-17 through 5.3-22. The GPU EIR describes that the parcels within the 55 Freeway/Dyer Road focus area, which includes the Project stie, have a land use designation of Professional and Administrative Office that would change to Industrial/Flex under the GPU. The vegetation community observed within these parcels is classified as "ruderal", which is not native nor considered to be a sensitive vegetation community. Since the existing vegetation communities are not sensitive and non-native, the GPU EIR determined that no impact would occur. The GPU EIR also determined that Development pursuant to the GPU would not impact riparian habitat or other sensitive natural communities. Additionally, the GPU would not impact wetlands and jurisdictional waterways. However, the GPU EIR includes mitigation that requires biological review of project sites that include vegetated land or streams. The GPU would not conflict with an adopted NCCP/HCP as the City is not within a NCCP/HCP area and would not conflict with local policies or ordinances protecting biological resources. The EIR also describes that impacts from buildout of the GPU to nesting sites and migratory birds would be less than significance with compliance with the Migratory Bird Treaty Act as well as state law. Impacts Associated with the Proposed 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 regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? No New Impact. The Project site is fully developed with office buildings and associated uses. Additionally, the Project site is not identified within an area of special -status wildlife species. The Biological Assessment (Appendix B) describes that there are no native habitats on the Project site and no wetlands or waters of the U.S., RWQCB, or CDFW exist onsite. No special -status plant or wildlife species were identified and there is no potential for special -status species to occur onsite due to the lack of native habitat, lack of aquatic features, and the high level of development on -site and in the surrounding area. Therefore, the Project would result in no new impacts on any species identified as a candidate, sensitive, or special status species. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? No New Impact. As discussed above, the Project site is fully developed with urban uses. The Biological Assessment (Appendix B) describes that there are no native habitats on the Project site and no riparian habitat exist onsite or in the surrounding area. Therefore, the Project would result in no new impacts to riparian habitat or other sensitive natural community. c) 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? No New Impact. As discussed above, the Project site is fully developed and does not include wetlands. Therefore, the Project would result in no new impacts to wetlands. d) 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? No New Impact. As discussed above, the Project site is fully developed with three office buildings and the site is surrounded by urban development, including a freeway and commercial and light industrial development. The Project site does not contain established native resident or migratory wildlife corridors and is not used as a native wildlife nursery site. The Project site includes ornamental trees that would be GIt`y-r�ounn-il 41 —A-9- 121�- ?� 44 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project removed as part of the Project. Tree removal and/or indirect impacts from construction activity during nesting season (February 1 to August 31) could result in the disturbance of nesting migratory species covered under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Section 3503. However, compliance with these existing regulations, as ensure through the City's development permitting process, the Project would not result in new impacts on migratory fish or wildlife species. e) Conflict with any local policies or ordinances protecting biological resources? No New Impact. The City of Santa Ana Municipal Code Chapter 33, Regulation of the Planting, Maintenance, and Removal of Trees, establishes regulations and standards related to public trees and street trees. The Project would install street trees along Garry Avenue that would be ensured to be incompliance with City regulations through the City's development permitting process. Therefore, the Project would result in no new impacts on local policies or ordinance protecting biological resources. f) 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 New Impact. The Project site is outside of the Significant Ecological Areas (SEAS) identified in the GPU EIR. There are no other Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plans that apply to the Project site. Therefore, the Project would result in no new impacts on habitat conservation plans. Conclusion With regards to the issue area of biological resources, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) Compliance with the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Section 3503. GPU EIR Mitigation Measures Applicable to the Project None. 45 �0ty G o11ndo1 41 — 99 1�21-2012022 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Project Peculiar Significant Potentially Adverse No Impact that is Impact not Significant Impact New not Analyzed Offsite or More Severe Impact Substantially as Cumulative based on Mitigated by Significant Impact not Substantial Uniformly in the Prior Discussed New Applied EIR in the prior Information Policies EIR 5.5 CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource pursuant to in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §1 5064.5? c) Disturb any human remains, including those interred outside of formal cemeteries? Summary of Impacts Identified in the GPU EIR ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The Final Recirculated GPU EIR addressed cultural resource impacts on pages 5.4-26 through 5.4-31. Historic Resources. The GPU EIR described that certain development pursuant to the GPU may not be able to avoid impacts to historical resources. Mitigation Measures CUL-1 and CUL-2 would reduce most impacts to a less than significant level. However, if significant impacts cannot be avoided, the City shall require, at a minimum, that the affected historical resources are documented consistent with Mitigation Measure CUL-3. The GPR EIR determined that unavoidable impacts to historical resources resulting from future development under the GPU would be reduced to the maximum extent feasible but would still be significant with implementation of Mitigation Measure CUL-3. Archaeological Resources. The GPU EIR discussed that development involving ground disturbance has the potential to impact known and unknown archaeological resources, and details that eight archaeological resources have been recorded within the City, including four prehistoric sites, one multicomponent site, and three historic isolates. The City includes locations may have been used for prehistoric Native American occupation, and buried resources may remain. The EIR determined that there is a moderate likelihood that intact subsurface archaeological resources would be encountered during redevelopment. Therefore, EIR mitigation requires that Phase I Cultural Resources studies be completed before ground disturbances and demolition activities are permitted to occur. The GPU EIR included Mitigation Measures CUL-4 through CUL- T to reduce potential individual and cumulative impacts associated with future development and redevelopment. Mitigation Measure CUL-4 requires an archaeological resources assessment be conducted for future development projects to identify any known archaeological resources and sensitivity of the site. Mitigation Measures CUL-5 through CUL-7 detail the next steps required should the archaeological resources assessment identify known resources or determine the site to have high or moderate resource sensitivity. The EIR determined that upon compliance with Mitigation Measures CUL-4 through CUL-7, individual and cumulative impacts to archaeological resources would be reduced to less than significant levels. Human Remains. The EIR determined that the likelihood that human remains may be discovered during clearing and grading activities is considered extremely low. In the unlikely event human remains are 46 Gjty Council 41 - Q1 12-1-2 0-11-0?-2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project uncovered, impacts would be less than significant upon compliance with California and Safety Code Section 7050.5 Impacts Associated with the Proposed Project a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? No New Impact. CEQA defines a historical resource as something that meets one or more of the following criteria: (1) listed in, or determined eligible for listing in, the California Register of Historical Resources; (2) listed in a local register of historical resources as defined in Public Resources Code (PRC) Section 5020.1(k); (3) identified as significant in a historical resource survey meeting the requirements of PRC Section 5024.1(g); or (4) determined to be a historical resource by a project's Lead Agency (PRC Section 21084.1 and CEQA Guidelines Section 15064.5[a]). The California Register defines a "historical resource" as a resource that meets one or more of the following criteria: (1) associated with events that have made a significant contribution to the broad patterns or local or regional history of the cultural heritage of California or the United States; (2) associated with the lives of persons important to local, California, or national history; (3) embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of a master or possesses high artistic values; or (4) has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. The Project site is currently developed with three office buildings, which are 34,000 square feet (1700 East Garry Avenue), 18,000 square feet (1720 East Garry Avenue), and 19,000 square feet (1740 East Garry Avenue) and were constructed between 1972 and 1974. The existing office structures are modern one-story cement and stucco buildings with windows that are surrounded by parking. The buildings are currently between 48 and 50 years in age and were not identified as historic structures in the GPU, and no historic resources are located adjacent to the site. The Phase I Environmental Site Assessment historical research identified that prior to development of the existing buildings, the site and surrounding areas were used for row crops. City directories confirm the site has since been occupied by various commercial office tenants that include: printers, carpet cleaners, roofers, and office uses, which are not historically significant. A Historic Resources Assessment was prepared for the project site (Appendix C), which determined that the existing buildings on the Project site do not qualify for designation under the Local Register or the CRHR. The Project site and buildings do not exhibit features that would distinguish them architecturally or artistically, nor are they the work of a notable architect, builder, or designer under CRHR 3 / Local Register 1, 2, 3. No specific information was identified to indicate that the property exemplifies or represents a special element of Santa Ana's history or is connected with a business or use that was once common but is now rare under CRHR 1 and 2 / Local Register 4 and 6. Also, the Historic Resources Assessment determined that the Project site is unlikely to yield information important to an archaeological site under CRHR 4 / Local Register 5. Therefore, the Project would not result in a new impact related to an adverse change in the significance of a historic resource. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? No New Impact. As described in the GPU EIR, eight archaeological resources have been recorded within the City, including four prehistoric sites, one multicomponent site, and three historic isolates, which were likely found in close proximity to the Santa Ana River. As required by General Plan EIR Mitigation Measure CUL- 4, an Archaeological Resources Assessment has been prepared and is included in Appendix D. The 47 ( oty Co innil 41 — 9 1 011-2 0_2_ Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Archaeological Resources Assessment describes that the Project site has been previously disturbed by grading, and fill soil was identified in soils tests to a depth of five to seven feet. The Archaeological Resources Assessment determined that based upon the previous grading disturbance of the site and the sparse number of recorded archaeological sites in the vicinity, the Project site has a very low potential to contain buried and in situ cultural resources. Thus, the Archaeological Resources Assessment determined that it is highly unlikely that any resources would be impacted by redevelopment of the site. Based on the very low potential of the site for archaeological resources, the Project would not be required to implement GPU Mitigation Measures (listed below) related to archeological monitoring. Therefore, the Project would result in no new impacts related to adverse change in the significance of an archaeological resource. c) Disturb any human remains, including those interred outside of formal cemeteries? No New Impact. The Project site does not contain a cemetery, and no known formal cemeteries are located within the immediate vicinity of the Project site. Nevertheless, should human remains be unearthed during grading and excavation activities associated with Project development, the construction contractor would be required by California law to comply with California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. According to Section 7050.5(b) and (c), if human remains are discovered, the County Coroner must be contacted and if the Coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, the Coroner is required to contact the NAHC by telephone within 24 hours. Pursuant to California Public Resources Code Section 5097.98, whenever the NAHC receives notification of a discovery of Native American human remains from a county coroner, the NAHC is required to immediately notify those persons it believes to be most likely descended from the deceased Native American. The descendants may, with the permission of the owner of the land, or his or her authorized representative, inspect the site of discovery of the Native American human remains and may recommend to the owner or the person responsible for the excavation work means for treatment or disposition, with appropriate dignity, of the human remains and any associated grave goods. The descendants shall complete their inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. According to Public Resources Code Section 5097.98(k), the NAHC is authorized to mediate disputes arising between landowners and known descendants relating to the treatment and disposition of Native American human burials, skeletal remains, and items associated with Native American burials. Through mandatory compliance with California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98, the Project would not result in significant impacts to human remains, and impacts would be less than significant. Therefore, the Project would result in no new impact related to disturbance of human remains. Conclusion With regards to the issue area of cultural/archeological resources, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) California Health and Safety Code Section 7050.5 regarding human remains GPU EIR Mitigation Measures Applicable to the Project CUL-1 Identification of Historical Resources and Potential Project Impacts. For structures 45 years or older, a Historical Resources Assessment (HRA) shall be prepared by an architectural historian 48 C 0ty Go11nril 41 - 9d 12-1-2012022 City of Santa Ana Community Plan Exemption Checklist Gary Avenue Business Park Project or historian meeting the Secretary of the Interior's Professional Qualification Standards. The HRA shall include: definition of a study area or area of potential effect, which will encompass the affected property and may include surrounding properties or historic district(s); an intensive level survey of the study area to identify and evaluate under federal, State, and local criteria significance historical resources that might be directly or indirectly affected by the proposed project; and an assessment of project impacts. The HRA shall satisfy federal and State guidelines for the identification, evaluation, and recordation of historical resources. An HRA is not required if an existing historic resources survey and evaluation of the property is available; however, if the existing survey and evaluation is more than five years old, it shall be updated. Proposed Project Applicability: Mitigation Measure CUL-1 is applicable to the proposed Project as the onsite buildings were developed between 1972 and 1974 and are a minimum of 48 years old. A Historic Resources Assessment was prepared and is included as Appendix C. CUL-2 Use of the Secretary of the Interior's Standards. The Secretary of the Interior's Standards for the Treatment of Historic Properties shall be used to the maximum extent practicable to ensure that projects involving the relocation, conversion, rehabilitation, or alteration of a historical resource and its setting or related new construction will not impair the significance of the historical resource. Use of the Standards shall be overseen by an architectural historian or historic architect meeting the Secretary of the Interior's Professional Qualification Standards. Evidence of compliance with the Standards shall be provided to the City in the form of a report identifying and photographing character -defining features and spaces and specifying how the proposed treatment of character -defining features and spaces and related construction activities will conform to the Standards. The Qualified Professional shall monitor the construction and provide a report to the City at the conclusion of the project. Use of the Secretary's Standards shall reduce the project impacts on historical resources to less than significant. Proposed Project Applicability: Mitigation Measure CUL-2 is not applicable to the proposed Project because the Project does not involve relocation, conversion, rehabilitation, or alteration of a historical resource. CUL-3 Documentation, Education, and Memorialization. If the City determines that significant impacts to historical resources cannot be avoided, the City shall require, at a minimum, that the affected historical resources be thoroughly documented before issuance of any permits and may also require additional public education efforts and/or memorialization of the historical resource. Though demolition or alteration of a historical resource such that its significance is materially impaired cannot be mitigated to a less than significant level, recordation of the resource will reduce significant adverse impacts to historical resources to the maximum extent feasible. Such recordation should be prepared under the supervision of an architectural historian, historian, or historic architect meeting the Secretary of the Interior's Professional Qualification Standards and should take the form of Historic American Buildings Survey (HABS) documentation. At a minimum, this recordation should include an architectural and historical narrative; archival photographic documentation; and supplementary information, such as building plans and elevations and/or historic photographs. The documentation package should be reproduced on archival paper and should be made available to researchers and the public through accession by appropriate institutions such as the Santa Ana Library History Room, the South Central Coastal Information Center at California State University, Fullerton, and/or the HABS collection housed in the Library of Congress. Depending on the significance of the adversely affected historical resource, the City, at its discretion, may also require public education about the historical resource in the form of an exhibit, web page, brochure, or other format and/or memorialization of the historical resource on or near the proposed project site. If memorialized, such memorialization shall be a permanent installation, such as a mural, display, or other vehicle that recalls the location, appearance, and 49 City of Santa Ana Community Plan Exemption Checklist Gary Avenue Business Park Project historical significance of the affected historical resource, and shall be designed in conjunction with a qualified architectural historian, historian, or historic architect. Proposed Project Applicability: Mitigation Measure CUL-3 is not applicable to the proposed Project because the Project does not involve impacts to a historical resource. CUL-4 For projects with ground disturbance—e.g., grading, excavation, trenching, boring, or demolition that extend below the current grade —prior to issuance of any permits required to conduct ground - disturbing activities, the City shall require an Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. Proposed Project Applicability: Mitigation Measure CUL-4 is applicable to the proposed Project and an Archaeological Resources Assessment has been prepared and is included in Appendix D. CUL-5 If potentially significant archaeological resources are identified, and impacts cannot be avoided, a Phase II Testing and Evaluation investigation shall be performed by an archaeologist who meets the Secretary of the Interior's Standards to determine significance prior to any ground -disturbing activities. If resources are determined significant or unique through Phase II testing, and site avoidance is not possible, appropriate site -specific mitigation measures shall be undertaken. These might include a Phase III data recovery program implemented by a qualified archaeologist and performed in accordance with the Office of Historical Preservation's "Archaeological Resource Management Reports (ARMR): Recommended Contents and Format" (OHP 1990) and "Guidelines for Archaeological Research Designs" (OHP 1991). Proposed Project Applicability: Mitigation Measure CUL-5 is applicable to the proposed Project and will be included in the Project MMRP. CUL-6 If the archaeological assessment did not identify archaeological resources but found the area to be highly sensitive for archaeological resources, a qualified archaeologist and a Native American monitor approved by a California Native American Tribe identified by the Native American Heritage Commission as culturally affiliated with the project area shall monitor all ground - disturbing construction and pre -construction activities in areas of high sensitivity. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. The Native American monitor shall be invited to participate in this training. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary's Standards. This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation 50 City of Santa Ana Community Plan Exemption Checklist Gary Avenue Business Park Project with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. Proposed Project Applicability: Mitigation Measure CUL-b is not applicable to the proposed Project because the site has been determined to have very low sensitivity for archaeological resources. CUL-7 If an Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources (Mitigation Measure CUL-4), an archaeologist who meets the Secretary's Standards shall be retained on call. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The pre -construction training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the on -call archaeologist is contacted. The resource shall be evaluated for significance and tribal consultation shall be conducted, in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant. Proposed Project Applicability: Mitigation Measure CUL-7 is not applicable to the proposed Project because the site has been determined to have very low sensitivity for archaeological resources 51 .. rjty ounn-il 41 _ as 121-2 0-11-0?_2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Project Peculiar Significant Potentially Adverse No Impact that is Impact not Significant Impact New not Analyzed as Offsite or More Severe Impact Substantially Significant in Cumulative based on Mitigated by the Prior EIR Impact not Substantial Uniformly Discussed New Applied in the prior Information Policies EIR 5.6 ENERGY. Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Summary of Impacts Identified in the GPU EIR ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The Final Recirculated GPU EIR addressed energy impacts on pages 5.5-15 through 5.5-20. The GPU EIR determined that implementation of the GPU policies, in conjunction with and complementary to regulatory requirements, would ensure that energy demand associated with growth under the GPU would not be inefficient, wasteful, or unnecessary. Additionally, the GPU would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Impacts Associated with the Proposed Project a) Result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? No New Impact. Construction During construction of the proposed project would consume energy in three general forms: 1. Petroleum -based fuels used to power off -road construction vehicles and equipment, construction worker travel to and from the project site, as well as delivery truck trips; 2. Electricity associated with providing temporary power for lighting and electric equipment; and 3. Energy used in the production of construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass. Construction activities related to the proposed development and the associated infrastructure is not expected to result in demand for fuel greater on a per -development basis than other development projects in Southern California. Diesel fuel would be supplied by existing commercial fuel providers serving the Project site and region. Construction of the Project would result in fuel and electricity consumption from the use of construction tools and equipment, vendor and haul truck trips, and vehicle trips generated from construction workers traveling to and from the site. There are no unusual project characteristics that would cause the use of construction 1 Based on Appendix A of the CalEEMod User's Guide, Construction consists of several types of off -road equipment. Since the majority of the off - road construction equipment used for construction projects are diesel fueled, CalEEMod assumes all of the equipment operates on diesel fuel. rjty e;;ndo 41 — 97 1�212012022 52 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project equipment that would be less energy efficient compared with other similar construction sites in other parts of the State. Therefore, construction -related fuel consumption by the Project would not result in inefficient, wasteful, or unnecessary energy use compared with other construction sites in the region, and there would be no new impacts. Operation The State of California provides a minimum standard for building design and construction standards through Title 24 of the California Code of Regulations (CCR). Compliance with Title 24 is mandatory at the time new building permits are issued by local governments. The City's administration of the Title 24 requirements includes review of design components and energy conservation measures that occurs during the permitting process, which ensures that all requirements are met. Typical Title 24 measures include insulation; use of energy -efficient heating, ventilation and air conditioning equipment (HVAC); energy -efficient indoor and outdoor lighting systems; reclamation of heat rejection from refrigeration equipment to generate hot water; and incorporation of skylights, etc. As previously described, the site is currently developed with three office buildings that total 103,031 square feet, and the Project would result in a smaller 91,500 square foot building, reducing the area that needs energy resources. Also, due to implementation of new technology and compliance with current Title 24 requirements, the Project would improve energy efficiency over the existing aged structures that were developed between 1972 and 1974. Thus, no wasteful, inefficient, or unnecessary consumption of energy would occur with implementation of the proposed Project. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? No New Impact. The proposed Project would be required to meet the CCR Title 24 energy efficiency standards in effect during permitting. The City's administration of the CCR Title 24 requirements includes review of design components and energy conservation measures that occurs during the permitting process, which ensures that all requirements are met. In addition, the Project would not conflict with or obstruct opportunities to use renewable energy, such as solar energy. The non-residential building would be solar ready would have infrastructure as required by CCR Title 24 requirements. Thus, the proposed Project would not obstruct use of renewable energy or energy efficiency. Overall, the proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, and no new impacts would occur. Conclusion With regards to the issue area of energy, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) Title 24 energy efficiency standards GPU EIR Mitigation Measures Applicable to the Project None. 53 ('oty Co innil 41 — 9-8- 1�2.-20112� 0 City of Santa Ana 5.7 GEOLOGY AND SOILS. 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 1 8-1 -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 where sewers are not available for the disposal of waste water? f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Community Plan Exemption Checklist Gary Avenue Business Park Project Project Peculiar Significant Potentially Adverse No Impact that is Impact not Significant Impact New not Analyzed as Offsite or More Impact Substantially Significant in Cumulative Severe Mitigated by the Prior EIR Impact not based on Uniformly Discussed Substantial Applied in the prior New Policies EIR Information ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 11 ❑ ❑ ❑ ❑ 11 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 54 ram" Co inril 41 - 99 12/20/2022 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Summary of Impacts Identified in the GPU EIR The Final Recirculated GPU EIR addressed energy impacts on pages 5.6-20 through 5.6-24. The GPU EIR discussed that the location and underlying geology of the City make it likely to experience seismic hazards, including strong seismic ground shaking, and secondary hazards, like liquefaction. No active surface faults are mapped and zoned under the AP Zoning Act in the City and all structures that would be constructed in accordance with the GPU would be designed to meet or exceed current design standards as found in the latest CBC. Most of the City area is within an area susceptible to liquefaction; however, all structures constructed under the GPU would be designed in accordance with current seismic design standards as found in the CBC. There are no substantial hazards with respect to slope stability, as the City is mostly flat. Unstable geologic unit or soils conditions, including soil erosion, could result from development of the GPU. Mandatory compliance with existing regulations, including the preparation and submittal of a SWPPP and a soil engineering evaluation, would reduce soil erosion impacts to a less than significant level. Implementation of the CBC design code, which has been adopted by the City and requires that structures be designed to mitigate expansive and compressible soils, would reduce impacts to a less than significant level. The EIR determined that the probability of subsidence impacts is generally low in the majority of Santa Ana; however, the statutorily required sustainable groundwater management practices of the Orange County Water District would ensure that impacts would be less than significant. Also, the EIR determined that future development in the City would require connection to the City's sewer system as the City of Santa Ana does not allow for the installation of septic tanks. The GPU EIR described that grading and construction activities of undeveloped areas or redevelopment that requires more intensive soil excavation than in the past could potentially disturb paleontological resources. Therefore, the GPU EIR included Mitigation Measures GEO-1 through GEO-3 prescribe requirements for monitoring based on the sensitivity of sites for paleontological resources. Under GEO-1, areas that range from high to low sensitivity are required to prepare a Paleontological Resources Monitoring and Mitigation Plan. With adherence to Mitigation Measures GEO-1 through GEO-3, impacts to paleontological resources would be less than significant. Impacts Associated with the Proposed Project a) Expose people or structures to 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? No New Impact. The Project site is not within an Alquist Priolo fault zone and is not in an area where structures are at significant risk from fault rupture. The closest published active fault to the site is the San Joaquin Hills Fault, approximately 2 miles from the Project site. Other active faults in the vicinity of the site include the onshore extension of the Newport -Inglewood Fault Zone, approximately 5 miles southwest of the site, the Palos Verdes Fault, approximately 25 miles to the west, the Elsinore Fault, approximately 17 miles to the north. Therefore, the Project would result in no new impacts on people or structures due to rupture of an earthquake fault in the Alquist Priolo fault zone. ii. Strong seismic ground shaking? No New Impact. As discussed previously, there are a number of potentially active and active fault systems located near the Project site. As required by California Building Code (CBC) Chapter 16 for the construction of new buildings or structures, specific engineering design and construction measures would be implemented to anticipate and avoid the potential for adverse impacts to human life and property caused by seismically induced ground shaking. Compliance with CBC Chapter 16 would be verified through the City's plan check 55 ram" Co inril 41 _ 1On 1 011-2� 0 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project and permitting process. Therefore, the Project would result in no new impacts on people or structures due to strong seismic ground shaking. iii. Seismic -related ground failure, including liquefaction? No New Impact. The Preliminary Geotechnical Investigation (Appendix E) describes that the Project site is mapped as being located within a liquefaction zone; however, the liquefaction hazard is very low due to limited settlement potential and the general discontinuity of weaker soil layers across the site. The Preliminary Geotechnical Investigation provides CBC seismic design criteria that are specific to the onsite soils and the potential liquefaction and settlement. Compliance with the CBC would require proper construction of building footings and foundations so that it would withstand the effects of potential ground movement, including liquefaction. Development of the proposed Project would be required to conform to the seismic design parameters of the CBC, which are reviewed by the City for as part of the building plan check and development review process. Compliance with the requirements of the CBC and City's municipal code for structural safety would provide that no new hazards from seismic -related ground failure, including liquefaction would occur. iv. Landslides? No New Impact. The Project site is topographically flat and is not near a hill or other area that could be vulnerable to landslides. Therefore, the Project would result in no new impacts on people or structures due to landslides. b) Result in soil erosion or the loss of topsoil? No New Impact. The Project site is flat and does not contain sloped conditions that would result in conditions outside of those evaluated under the GPU EIR. The Project would demolish the existing three buildings, landscaping, and pavement, and construct a new approximately 91,500 square foot industrial building. During construction activities, soil would be exposed and there would be an increase in potential for soil erosion compared to existing conditions. Development greater than one acre in size is required to comply with the provisions of the Construction General Permit (CGP) adopted by the State Water Resources Control Board (SWRCB), which includes implementation of standard erosion control practices as required by a Stormwater Pollution Prevention Plan (SWPPP). The Project site is fully developed, and proposed development would not substantially change imperviousness of the site, resulting in impacts to stormwater runoff velocity or volume. Therefore, the Project would result in no new impacts in 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 offsite landslide, lateral spreading, subsidence, liquefaction or collapse? No New Impact. As discussed above, the Project site is not located within an area that is subject to landslides, and impacts related to landslides would not occur. Also, as described previously, the liquefaction hazard is very low due to limited settlement potential and the general discontinuity of weaker soil layers across the site. Thus, the potential for lateral spreading would also be limited, Compliance with the requirements of the CBC and City's municipal code for structural safety would provide that no new hazards related unstable geologic units or soils would occur. Appropriate design required by the CBC is reviewed by the City as part of the building plan check and development review process. Therefore, the Project would result in no new impacts in on- or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse. 56 Doty Council 41 _ 101 1�2-1201120-2-2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project d) Be located on expansive soil, as defined in in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? No New Impact. The Preliminary Geotechnical Investigation describes that the onsite soils have a medium to high expansion potential. The Preliminary Geotechnical Investigation provides CBC seismic design criteria that are specific to the onsite soils and the potential for expansion. Compliance with the CBC would require proper construction of building footings and foundations so that it would withstand the effects of potential ground movement, including liquefaction. Also, the Project includes over -excavation and re -compaction of the site soils to at least 7.5 and 3 feet below finished or existing grade (whichever is deeper) within building and pavement/flatwork areas, respectively, which would be conducted pursuant to the requirements of the CBC. Compliance with the requirements of the CBC and City's municipal code for structural safety would provide that no new impacts related to expansive soils would occur. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No New Impact. The Project would be connected to sewer and would not require the use of septic tanks or alternative wastewater disposal systems. Therefore, the Project would result in no new impacts on soils incapable of adequately supporting the use of septic tanks. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No New Impact. Although the GPU did not identify records of fossils from within the City, the Natural History Museum of Los Angeles County (LACM) has records of 16 fossil localities within a five -mile radius of the City, with the closest fossil locality approximately 2.5 miles south of the City. According to the GPU EIR, the Project site is located within an area with a low potential for paleontological resources. However, as the Project includes over -excavation and re -compaction of the site soils to at least 7.5 feet below the existing grade into potentially native soils, GPU EIR Mitigation Measure GEO-2 would be required to be implemented to reduce potential impacts consistent with the GPU EIR. Therefore, the Project would result in no new impacts that would directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Conclusion With regards to the issue area of geology and soils, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) California Building Code, as included in the City's Municipal Code as Chapter 8, Article 2, Division 1 GPU EIR Mitigation Measures Applicable to the Project GEO-1 High Sensitivity. Projects involving ground disturbances in previously undisturbed areas mapped as having "high" paleontological sensitivity shall be monitored by a qualified paleontological monitor on a full-time basis. Monitoring shall include inspection of exposed sedimentary units during active excavations within sensitive geologic sediments. The monitor shall have authority to temporarily divert activity away from exposed fossils to evaluate the significance of the find and, if the fossils are determined to be significant, professionally and efficiently recover the fossil specimens and collect associated data. The paleontological monitor shall use field data forms to record pertinent location and geologic data, measure stratigraphic sections (if applicable), and collect appropriate sediment samples from any fossil localities. 57 C 0ty Go11nril 41 - 10-2 121-2 0 It- 0 ?_2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Proposed Project Applicability: Mitigation Measure GEO-1 is not applicable to the proposed Project because the Project site is not located within a high paleontological sensitivity area. GEO-2 Low -to -High Sensitivity. Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with "low -to -high" paleontological sensitivity, the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. Proposed Project Applicability: Mitigation Measure GEO-2 is applicable to the proposed Project because the Project site is located within a low paleontological sensitivity area and will be included in the MMRP for the proposed Project. GEO-3 All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a qualified paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County. The repository shall be identified, and a curatorial arrangement shall be signed prior to collection of the fossils. Proposed Project Applicability: Mitigation Measure GEO-3 is applicable to the proposed Project and will be included in the MMRP for the proposed Project. 58 ., Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project 5.8 GREENHOUSE GAS EMISSIONS. 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? Project Significant Potentially Adverse No Peculiar Impact not Significant Impact New Impact that is Analyzed as Offsite or More Severe Impact not Significant in Cumulative based on Substantially the Prior EIR Impact not Substantial Mitigated by Discussed New Uniformly in the prior Information Applied EIR Policies ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Summary of Impacts Identified in the GPU EIR The Final Recirculated GPU EIR addressed greenhouse gas emissions (GHG) impacts on pages 5.7-31 through 5.7-40. The GPU EIR determined that implementation of Mitigation Measure GHG-1 would ensure that the City is tracking and monitoring the City's GHG emissions in order to chart a trajectory to achieve the long-term, year 2050, GHG reduction goal set by Executive Order S-03-05. However, at this time, there is no plan past 2030 that achieves the long-term GHG reduction goal established under Executive Order S- 03-05. As identified by the California Council on Science and Technology, the state cannot meet the 2050 goal without major advancements in technology. Advancements in technology in the future could provide additional reductions and allow the state and City to meet the 2050 goal, but in the meantime, the EIR determined that impacts would be significant and unavoidable. The EIR included a mitigation measure to require the City to update the Climate Action Plan every 5 years. However, this is not a project specific mitigation measure, and not directly related to development projects. The EIR determined that the GPU would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Impacts Associated with the Proposed Project a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? No New Impact. The GPU EIR describes (on page 5.7-20) that if project emissions are below the 3,000 MTCO2e bright -line screening threshold, GHG emissions impacts would be considered less than significant. The Project would result in direct emissions of GHGs from construction. The approximate quantity of daily GHG emissions generated by construction equipment utilized to build the Project is provided in Table GHG- 1, Construction -Related Greenhouse Gas Emissions. As shown, the Project construction would result in approximately 483 MTCO2e. Per SCAQMD methodology construction GHG emissions are amortized over 30 years, then added to the operational emissions. The amortized Project construction emissions would be 16 MTCO2e per year. 59 ., Doty ounn-il 41 _ Ind 121-2 011-�1?_2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Table GHG-1: Construction -Related GHG Emissions Category MTCO2e Construction Year 1 274 Construction Year 2 209 Total Construction Emissions 483 30-Year Amortized Construction 16 Source: GHG Assessment (Appendix F) Operational or long-term GHG emissions occur over the life of the Project. GHG emissions would result from direct emissions such as Project generated vehicular traffic, on -site combustion of natural gas, and operation of any landscaping equipment. Operational GHG emissions would also result from indirect sources, such as off -site generation of electrical power, the energy required to convey water to, and wastewater from the Project, the emissions associated with solid waste generated from the Project, and any fugitive refrigerants from air conditioning or refrigerators. Total GHG emissions associated with the Project are summarized in Table GHG-2, Project Greenhouse Gas Emissions, which shows that the Project would generate approximately 1,668 MTCO2e annually from both construction and operations of the Project. As such, the Project would not exceed the 3,000 MTCO2e bright - line screening threshold and no new impacts would occur. Table GHG-2: Proposed Project GHG Emissions Emissions Source MTCO2e per Year Area 0 Energy 121 Mobile 806 Off -road 625 Waste 22 Water 78 Amortized Construction Emissions 16 Total Annual Project GHG Emissions 1,668 Threshold 3,000 Exceeds Threshold? No Source: GHG Assessment (Appendix F) b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No New Impact. As described above, the proposed Project would implement new FLEX-3 land uses that are consistent with the GPU. The GPU EIR describes that new buildings associated with land uses accommodated under the proposed land use plan of the GPU, such as the proposed project, would be built to meet the CALGreen and Building Energy Efficiency Standards in effect at the time when applying for building permits. Thus, the developments pursuant to the GPU, such as the proposed Project would not obstruct implementation of the CARB Scoping Plan or SCAG Regional Transportation Plan. SB 375 required SCAG to adopt a Sustainable Communities Strategy (SCS) as part of its Regional Transportation Plan (RTP). SCAG adopted the Connect SoCal Plan in May 2020. The Connect SoCal plan would reduce per capita vehicular travel -related GHG emissions and achieve the GHG reduction per capita targets for the SCAG region by projecting development that is generally consistent with regional -level 60 GIt`y-r�ounn-1j 41 — 1flti 121�- � Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project general plan data and implementing transportation projects. The GPU includes the following goals and policies to support the GHG reduction: • Conservation Element, Goal 3: Reduce consumption of and reliance on non-renewable energy to support the development and use of renewable energy sources (Policies 3.3 and 3.1 1). • Land Use Element, Goal 4: Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration (Policy 4.5). In addition, as discussed in Table 5.7-7 of the GPU, the GPU EIR found the GPU to be consistent with applicable polices from the SCAG Connect SoCal RTP/SCS. SCAG RTP/SCS policies and strategies that were evaluated include: • Focus growth near destinations and mobility options • Promote Diverse Housing Choices • Support Implementation of Sustainable Policies The Project would not conflict with identified SCAG Connect SoCal RTP/SCS Goals and strategies. Additionally, Section 5.1 1, Land Use and Planning, include policies from the GPU that are pertinent to the Project. The Project was found to be consistent with all applicable policies. Therefore, the Project would result in no new impacts related to conflicts with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Consistency with the Santa Ana CAP. The City of Santa Ana has an adopted a Climate Action Plan (CAP). For community -wide emissions, the CAP reduction goal is 15% below the baseline year 2008 by 2020, and 30% below the baseline year 2008 by 2035. The CAP includes community -wide measures that are collectively estimated to reduce emissions by 47,909 MTCO2e/year by 2035. The CAP recommends several measures that would achieve GHG reductions including installation of solar photovoltaic systems and compliance with Title 24 energy efficiency standards. In support of these measures the Project would be implemented pursuant to the CALGreen Building (Title 24). The City's administration of the Title 24 requirements includes review of proposed energy conservation measures during the permitting process, which ensures that all requirements are met. Typical Title 24 measures include increased insulation; use of energy and water efficient appliances; water efficient plumbing and fixtures; Low-E windows, high performance; heating, ventilation and air conditioning equipment (HVAC); and more. In addition, the non-residential building would be solar ready would have infrastructure as required by Title 24 requirements. In complying with the Title 24 standards, the Project would be implementing regulations that reduce GHG emissions. Thus, the Project would not obstruct the City of Santa Ana CAP GHG reduction and would therefore not result in a new impact. Conclusion With regards to the issue area of greenhouse gas emissions, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) Title 24 energy efficiency standards GPU EIR Mitigation Measures Applicable to the Project None. 61 ., rjty o1;ndo 41 _ 1n6- 1�2.-20!20_2 _2 City of Santa Ana 5.9 HAZARDS AND HAZARDOUS MATERIALS. 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 conditions 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 Section 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 two 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? Community Plan Exemption Checklist Gary Avenue Business Park Project Project Peculiar Significant Potentially Adverse No Impact that is Impact not Significant Impact New not Analyzed as Offsite or More Severe Impact Substantially Significant in Cumulative based on Mitigated by the Prior EIR Impact not Substantial Uniformly Discussed New Applied in the prior Information Policies EIR Summary of Imaacts Identified in the GPU EIR ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The Final Recirculated GPU EIR addressed energy impacts on pages 5.8-36 through 5.8-46. The GPU EIR discussed that construction and operations under the GPU would involve the transport, use, and/or disposal of hazardous materials; however, compliance with existing regulations would ensure that construction workers and the general public are not exposed to any risks related to hazardous materials during demolition and construction. Furthermore, the EIR describes that strict adherence to all emergency response plan requirements set by the Orange County Fire Authority would be required. TheGPU buildout is expected 62 ( oty Co inril 41 — 10-7 1 0/-2 0_2_ Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project to result in some increase in the number of hazardous waste generators; however, the EIR determined that hazardous wastes would be stored, transported, and disposed of in conformance with existing regulations of the EPA, US Department of Transportation, CalRecycle, and other agencies. Use, storage, transport, and disposal of hazardous materials in conformance with regulations would reduce both the likelihood of an accidental release and the potential consequences in the event of an accidental release. The EIR describes that the City includes sites on a list of hazardous materials compiled pursuant to Government Code Section 65962.5 that could create a significant hazard to the public or the environment. Any development, redevelopment, or reuse on or next to any of these sites would require environmental site assessment by a qualified environmental professional to ensure that the project would not disturb hazardous materials on any of the hazardous materials sites or plumes of hazardous materials diffusing from one of the hazardous materials sites, and that any proposed development, redevelopment, or reuse would not create a substantial hazard to the public or the environment. The EIR also describes that Santa Ana is in the vicinity of an airport or within the jurisdiction of an airport land use plan. Projects approved under the proposed GPU would be required to comply with FAA airspace protection regulations using the AELUP consistency determination process. The EIR determined that buildout of the GPU would not result in substantial changes to the circulation patterns or emergency access routes and would not block or otherwise interfere with use of evacuation routes. Buildout would not interfere with operation of the City's Emergency Operations Center and would not interfere with operations of emergency response agencies or with coordination and cooperation between such agencies. Santa Ana is not in a designated fire hazard zone, and the EIR determined that implementation of the GPU would not expose structures and/or residences to wildland fire danger. Impacts Associated with the Proposed Project a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No New Impact. Construction. Project construction would require demolition of an existing buildings that were developed between 1972 and 1974 and construction of a new light industrial building, which would require grading activity. Buildings constructed in or before 1981 are presumed to contain asbestos containing materials, such as, floor tile/mastic, wall stucco, insulation, and roof mastic. An asbestos survey of the existing building would be conducted prior to demolition, as required by City permitting. Federal and state regulations govern the renovation and demolition of structures where materials containing asbestos are present. These requirements include: SCAQMD Rules and Regulations pertaining to asbestos abatement (including Rule 1403), Construction Safety Orders 1529 from Title 8 of the California Code of Regulations, Part 61, and Subpart M of the Code of Federal Regulations. Asbestos abatement must be performed and monitored by contractors with appropriate certifications from the State Department of Health Services. In addition, California Division of Occupational Safety and Health (Cal/OSHA) has regulations concerning the use of hazardous materials, including requirements for safety training, availability of safety equipment, hazardous materials exposure warnings, and emergency action and fire prevention plan preparation. Cal/OSHA enforces the hazard communication program regulations, which include provisions for identifying and labeling hazardous materials, describing the hazards of chemicals, and documenting employee -training programs. All demolition that could result in the release of asbestos must be conducted according to Cal/OSHA standards. Adherence to existing regulations, which require appropriate testing and abatement actions for hazardous materials, would minimize exposure to asbestos during construction activities. Proposed construction activities would also involve the routine transport, use, and disposal of other hazardous materials such as paints, solvents, oils, grease, and other construction -related materials. In addition, 63 ., rjty e;;ndo 41 _ 1n8z 1�21-2 0 1129_2 _2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project hazardous materials would routinely be needed for fueling and servicing construction equipment on the site. These types of materials are not acutely hazardous, and all storage, handling, use, and disposal of these materials are regulated by federal and state regulations that are implemented by the City of Santa Ana during building permitting for construction activities. As a result, no new impacts related to hazardous material impacts during construction would occur. Operation Operation of the proposed Project includes activities related to a speculative light industrial building. Although the Project would likely utilize common types of hazardous materials, normal routine use of these products pursuant to existing regulations would not result in a significant hazard to the environment or workers within or in the vicinity of the Project. Per the GPU EIR, both the federal and state governments require all businesses that handle more than a specified volume of hazardous materials to submit a business plan to a regulating agency. Specifically, any new business that meets the specified criteria must submit a full hazardous materials disclosure report that includes an inventory of the hazardous materials generated, used, stored, handled, or emitted; and emergency response plans and procedures to be used in the event of a significant or threatened significant release of a hazardous material. The plans and permits are reviewed by the Fire Department and Building and Safety Departments, as part of project permitting procedures. Therefore, the Project would result in no new impacts related to 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 conditions involving the release of hazardous materials into the environment? No New Impact. Construction The Project includes the demolition of an existing buildings and construction of a new, slightly larger light industrial building. A Phase I Environmental Site Assessment was conducted for the Project to assess potential hazardous impacts, included as Appendix H. The assessment identified no evidence of recognized environmental conditions on the site. The only identified issues concern groundwater contamination from offsite sources. As detailed in the Project Description, the Project is anticipated to excavate to approximately 7.5 feet below the existing grade. The Preliminary Geotechnical Investigation (Appendix E) identified groundwater at 12 feet below grade and the depth to high groundwater is 10 feet below grade. Thus, construction of the Project is not anticipated to encounter contaminated groundwater. However, should groundwater be encountered, existing Regional Water Quality Control Board (RWQCB) measures would be implemented through the City's typical construction permitting process. To further avoid an impact related to an accidental release of hazardous materials into the environment, the use of best management practices (BMPs) during construction would be implemented as part of a Stormwater Pollution Prevention Plan (SWPPP) as required by the National Pollution Discharge Elimination System General Construction Permit. Implementation of an SWPPP would minimize potential adverse effects to workers, the public, and the environment. Construction contract specifications would include strict on -site handling rules and BMPs that include, but are not limited to: • Establishing a dedicated area for fuel storage and refueling and construction dewatering activities that includes secondary containment protection measures and spill control supplies; • Following manufacturers' recommendations on the use, storage, and disposal of chemical products used in construction; • Avoiding overtopping construction equipment fuel tanks; Properly containing and removing grease and oils during routine maintenance of equipment; and Properly disposing of discarded containers of fuels and other chemicals. Operation The Project would include operation of a speculative light industrial building. As discussed above, operational use of hazardous materials on the Project site would be subject to federal, state, and local requirements that 64 C 0ty Go11nril 41 - 0-9- 121-2 0 It- ?_2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project aim to avoid and minimize the potential release of hazardous substances. The Orange County Fire Authority (OCFA) is contracted with the City of Santa Ana and would inspect the facility to ensure compliance with proper handling measures identified in the hazardous materials disclosure report and emergency response plan. Therefore, the Project would result in no new impacts related to the accidental upset or release of hazardous materials. c) Emit hazardous emissions or handle hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? No New Impact. The Project site is not located within the vicinity of a school. The site is located within a commercial and industrial area. As described in the previous responses, Project construction and operation would involve the use and disposal of various hazardous materials. However, all storage, handling, use, and disposal of these materials are regulated by federal state regulations that are implemented by the City. While the Project would involve the use and disposal of various hazardous materials, compliance with federal and state regulations would reduce impacts to a less than significant level and impacts would be consistent with the GPU EIR. Therefore, the Project would result in no new impacts related to hazardous emissions within on -quarter mile of a school. d) 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 New Impact. The Phase I Environmental Site Assessment (Appendix H) included database searches to determine if the Project area or any nearby properties are identified as currently having hazardous materials. The record searches determined that the Project site is not located on or near by a site which is included on a list of hazardous materials sites pursuant to Government Code Section 65962.5. Therefore, the Project would not result a new impact related to hazardous materials sites compiled pursuant to Government Code Section 65962.5. e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No New Impact. The Project would not expose people residing or working in the Project site to a safety hazard related to an airport. The nearest airport is John Wayne Airport that is located approximately 1.5 miles south of the Project site. The Project site is located outside of the safety zones of the airport. Therefore, the Project would result in no new impact related to airport safety hazards. f) Impair implementation of an adopted emergency response plan or emergency evacuation plan? No New Impact. The Project would include demolition of the existing three office buildings and construction of a new light industrial building. The Project would not result in roadway closure, or other activities that could impact emergency response or evacuation. During short-term construction activities, the proposed Project is not anticipated to result in any substantial traffic queuing on nearby streets, and all construction equipment would be staged within the Project site. During the operational phase of the proposed Project, onsite access would be required to comply with standards established by the City. The proposed Project would provide adequate emergency access to the site via Garry Avenue. Therefore, the Project would result in no new impact related to impairment of 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? 65 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project No New Impact. According to CAL FIRE, the nearest fire hazard severity zone (FHSZ) is approximately 4.0 miles east of the City along the western edge of Loma Ridge, and about 3.8 miles away from the City at the southern tip of the Peters Canyon Regional Park. According to the California Department of Forestry and Fire Protection's Fire and Resource Assessment Program (FRAP) Fire Hazard Severity Zones map, the Project is not within an area identified as a fire hazard safety zone (FHSZ). Therefore, the Project would result in no new impacts related to exposure of people or structures to significant risk involving wildland fires. Conclusion With regards to the issue area of hazards and hazardous materials, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) NPDES Stormwater Pollution Prevention Plan. GPU EIR Mitigation Measures Applicable to the Project None. 66 Gjty Counc1201 il 41 —111 1-2() 22 City of Santa Ana 5.10 HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project 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 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; 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 systems 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 pollutants due to project inundation? e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Community Plan Exemption Checklist Gary Avenue Business Park Project Project Peculiar Significant Potentially Adverse No Impact that is Impact not Significant Impact New not Analyzed as Offsite or More Severe Impact Substantially Significant in Cumulative based on Mitigated by the Prior EIR Impact not Substantial Uniformly Discussed New Applied in the prior Information Policies EIR ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 67 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Summary of Impacts Identified in the GPU EIR The Final Recirculated GPU EIR addressed hydrology and water quality impacts on pages 5.9-29 through 5.9-38. The GPU EIR discussed that projects pursuant to the GPU would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Development pursuant to the GPU would increase the demand on groundwater use but would not impede sustainable groundwater management of the basin. Development pursuant to the GPU would increase the amount of pervious surfaces in the plan area, but could substantially increase the rate or amount of surface runoff in some focus areas in a manner which would result in flooding off -site or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems. In flood hazard, tsunami, or seiche zones, development pursuant to the GPU would not risk release of pollutants due to project inundation or impede or redirect flood flows. In addition, the EIR determined that development pursuant to the GPU would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Impacts Associated with the Proposed Project a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? No New Impact. Construction Implementation of the proposed Project includes grading, site preparation, construction of new building, and infrastructure improvements. These activities would expose and loosen sediment and building materials, which would have the potential to mix with stormwater and urban runoff and degrade surface and receiving water quality. Additionally, construction generally requires the use of heavy equipment and construction -related materials and chemicals, such as concrete, cement, asphalt, fuels, oils, antifreeze, transmission fluid, grease, solvents, and paints. In the absence of proper controls, these potentially harmful materials could be accidentally spilled or improperly disposed of during construction activities and could wash into and pollute surface waters or groundwater, resulting in a significant impact to water quality. Pollutants of concern during construction activities generally 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. In addition, chemicals, liquid products, petroleum products (such as paints, solvents, and fuels), and concrete -related waste may be spilled or leaked during construction, which would have the potential to be transported via storm runoff into nearby receiving waters and eventually may affect surface or groundwater quality. During construction activities, excavated soil would be exposed, thereby increasing the potential for soil erosion and sedimentation to occur compared to existing conditions. In addition, during construction, vehicles and equipment are prone to tracking soil and/or spoil from work areas to paved roadways, which is another form of erosion that could affect water quality. However, the use of BMPs during construction implemented as part of a SWPPP as required by the National Pollution Discharge Elimination System (NPDES) General Construction Permit (and Municipal Code Section 18-156) would ensure that Project impacts related to construction activities resulting in a degradation of water quality would be less than significant. Furthermore, an Erosion and Sediment Transport Control Plan prepared by a qualified SWPPP developer (QSD) is required to be included in the SWPPP for the Project. Therefore, compliance with the Statewide General Construction Activity Stormwater Permit requirements, and the City's Municipal Code, which would be verified during the City's construction permitting process, would ensure that Project impacts related to construction activities resulting in a degradation of water quality would not occur. �jty o11n�j1 41 —112 121�- ?� 68 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Operation The proposed Project would operate an industrial warehouse, which would introduce the potential for pollutants such as, chemicals from cleaners, pesticides and sediment from landscaping, trash and debris, and oil and grease from vehicles and trucks. These pollutants could potentially discharge into surface waters and result in degradation of water quality. However, the on -site runoff will be collected into catch basins with filter inserts that are located throughout the site, drain into the underground storm drain system. Proposed development is compliant with the requirements set by the Orange County Drainage Area Management Plan (DAMP) and the RWQCB hydrology and LID standards, as described in the Preliminary Hydrology and Hydraulics Study and Preliminary Water Quality Management Plan (Appendix I and Appendix J) that were prepared for the Project. The LID site design would minimize impervious surfaces and provide infiltration and treatment of the site's runoff. Therefore, the Project would result in no new impact on water quality standards or waste discharge requirements. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No New Impact. Groundwater recharge is facilitated by percolation of stormwater through pervious surface areas to groundwater resources. Increasing the imperviousness of an area could interfere with groundwater recharge capabilities of a given landscape. The Project site is currently developed, and the Preliminary Water Quality Management Plan identified that it is 85 percent covered with impervious surfaces. The Project proposes to demolish the existing 3 buildings and pavement and construct a new 91,500 square foot light industrial building. The Preliminary Water Quality Management Plan identifies that after Project construction, the site would also be 85 percent impervious. Thus, an increase of impervious surface and reduction of groundwater recharge would not occur from the Project. Also, the Project would be required to comply with Orange County DAMP permit by employing BMPs for on -site detention/retention of stormwater runoff. Therefore, the Project would not substantially interfere with groundwater recharge. Additionally, water to the Project site would be provided by City of Santa Ana that is dependent on surface water imported by the Metropolitan Water District of Southern California (MWD) from the Colorado River and Northern California and the Orange County Water District that manages the Orange County Groundwater Basin. Further, the change of the site from three office buildings to one light industrial warehouse building would not generate an increased demand for groundwater. Therefore, the Project would not result new impacts on groundwater supplies or recharge. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would: i. Result in substantial erosion or siltation on- or off -site? No New Impact. As discussed above, construction related to implementation of the proposed Project would expose and loosen building materials and sediment which has the potential to mix with stormwater runoff and result in erosion or siltation offsite. However, as described previously, a SWPPP (required by Municipal Code Section 18-156) would be developed for the Project. The SWPPP is required to address site -specific conditions related to potential sources of sedimentation and erosion and would list the required BMPs that are necessary to reduce or eliminate the potential of erosion or alteration of a drainage pattern during construction activities. SWPPP implementation would include monitoring by a Qualified SWPPP Practitioner (QSP) throughout Project construction to ensure site compliance with the SWPPP and CGP requirements. The Project site would be redeveloped with a light industrial building, parking, and landscaping. Post construction conditions would not include exposed soils and would not be susceptible to substantial erosion. LID would be incorporated into Project site design in compliance with the WQMP that would capture and treat stormwater runoff on site. Therefore, the Project would result in no new impact 69 Doty Council 41 — 1 14 121-2 0 It- 0 ?_2 City of Santa Ana Community Plan Exemption Checklist Gary Avenue Business Park Project ii. Substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off -site? No New Impact. Implementation of the proposed Project would include construction activities that could temporarily alter the existing drainage pattern of the site and could result in flooding on- or off -site if drainage is not properly controlled. However, as described previously, implementation of the proposed construction requires a SWPPP, which would address site specific drainage issues related to construction activities and include BMPs to eliminate the potential of flooding or alteration of a drainage pattern during construction activities. The Project site is currently developed, and the Preliminary Water Quality Management Plan identified that it is 85 percent covered with impervious surfaces. The Project proposes to demolish the existing 3 buildings and pavement and construct a new 91,500 square foot light industrial building. The Preliminary Water Quality Management Plan identifies that after Project construction, the site would also be 85 percent impervious. Thus, an increase of impervious surface that could result in flooding would not occur. Also, the Project includes installation of a drainage system that would be required to meet the Orange County DAMP requirements, as ensured through Project permitting, and would connect to the existing offsite drainage. Therefore, the Project would not result in new impact related to flooding on- or off -site. iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? No New Impact. As described in the previous response, the Project site is currently developed, and the Preliminary Water Quality Management Plan (Appendix J) identified that it is 85 percent impervious. The Preliminary Water Quality Management Plan identifies that after Project construction, the site would also be 85 percent impervious. Thus, an increase of impervious surface that could generate additional runoff would not occur. Also, the Project includes installation of a drainage system that would be required to meet the Orange County DAMP requirements, as ensured through Project permitting, and would connect to the existing offsite drainage. Therefore, the Project would result in no new impact related to runoff which would exceed the capacity of existing or planned stormwater drainage systems. iv. Impede or redirect flood flows? No New Impact. The Project site does not lie within a 100- or 500- year floodplain, as delineated by FEMA. The Project site is within Zone X, Area of minimal Flood Hazard. The Project would not result in alteration of existing drainage (flows or capacity) that could directly or indirectly impact onsite drainages or the adjacent areas. Therefore, the Project would not result a new impact related to flood flows. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? No New Impact. The Project site is not within a flood hazard zone, and flooding impacts are not anticipated. Tsunamis are tidal waves generally caused by earthquakes, sea floor landslides, rock falls, and exploding volcanic islands. The Project site is approximately 8 miles from the Pacific Ocean shoreline. Based on the inland location of the site, the Project site is not within a tsunami zone. A seiche is a wave created in a landlocked body of water (e.g., a lake or reservoir) from back -and -forth movement of the water resulting from high winds or an earthquake. There are no bodies of water near the Project site. Thus, impacts due to seiche would not occur. Therefore, the Project would result in no new impact related to release of pollutants due to flood hazard, tsunami, or seiche zones. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? 70 ( oty Co innil 41 — 115 '���201120_2_ Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project No New Impact. As described previously, use of BMPs during construction implemented as part of a SWPPP as required by the NPDES Construction General Permit would serve to ensure that Project impacts related to construction activities resulting in a degradation of water quality would not occur. Thus, construction of the Project would not conflict or obstruct implementation of a water quality control plan. The Preliminary WQMP for the Project complies with the Orange County DAMP. The WQMP and applicable BMPs are verified as part of the City's permitting approval process, and construction plans would be required to demonstrate compliance with these regulations. Therefore, operation of the proposed Project would not conflict of obstruct with a water quality control plan. Also, the OCWD manages basin water supply through the Basin Production Percentage, such that, the anticipated production of groundwater would remain steady, and as described previously the change of the site from three office buildings to one light industrial warehouse building would not result in increases for groundwater supplies. Therefore, the Project would be consistent with the groundwater management plan and would not conflict with or obstruct its implementation, and no new impacts would occur. Conclusion With regards to the issue area of hydrology and water quality, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) Municipal Code Section 18-156; Control of Urban Runoff. GPU EIR Mitigation Measures Applicable to the Project None. 71 C 0ty G e;;ndo 41 —116 121-2 0 It- 0 ?_2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Project Significant Potentially Adverse No Peculiar Impact not Significant Impact New Impact that is Analyzed Off site or More Impact not as Cumulative Severe Substantially Significant Impact not based on Mitigated by in the Prior Discussed Substantial Uniformly EIR in the prior New Applied EIR Information Policies 5.11 LAND USE AND PLANNING. 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? Summary of Impacts Identified in the GPU EIR ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The Final Recirculated GPU EIR addressed land use and planning impacts on pages 5.10-1 8 through 5.10- 28. The GPU EIR determined that implementation of the GPU would not divide an established community. Additionally, the GPU would be consistent with the Airport Environs Land Use Plan for the John Wayne Airport. Implementation of the GPU would be consistent with the goals of the Southern California Association of Governments' RTP/SCS. Implementation of the GPU would also be consistent with the OCTA Congestion Management Plan. Impacts Associated with the Proposed Project a) Physically divide an established community? No New Impact. The Project would demolish three existing office buildings and construct a new approximately 91,500 square foot light industrial building. The proposed Project would be consistent with the existing land use and zoning designations and would not introduce roadways or other infrastructure improvements that would bisect or transect the Project site or surrounding area. Therefore, the Project would result in no new impact related to dividing 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? No New Impact. The Project site has a GPU designation of FLEX-3. The Project would result in a FAR of 0.42, which is less than the maximum FAR of 3.0 allowable in the FLEX-3 designated area. As described in the GPU Land Use Element, the FLEX-3 designation allows for office/industrial flex spaces (such as the Project), R&D, clean manufacturing, and corporate headquarters. The GPU states that adjacent to the 55 freeway, the Industrial/Flex land use designation will promote large-scale office/industrial flex spaces, multilevel corporate offices, and research and development uses in beautiful and creative buildings and spaces. The proposed Project would be consistent with the FLEX-3 land use designation and with the 55 Freeway and Dyer Road Focus Areas, as evaluated in the GPU EIR. Therefore, the Project would not result in a new impact Gli:`y—r�ounr--1j 41 — 117 121�- ?� 72 City of Santa Ana Community Plan Exemption Checklist Gary Avenue Business Park Project related to conflict with a land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Conclusion With regards to the issue area of land use and planning, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) None. GPU EIR Mitigation Measures Applicable to the Project None. 73 Doty Council 41 —1I Q 12.129!2� 9 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Project Significant Potentially Adverse No Peculiar Impact not Significant Impact New Impact that is Analyzed Off site or More Impact not as Cumulative Severe Substantially Significant Impact not based on Mitigated by in the Prior Discussed Substantial Uniformly EIR in the prior New Applied EIR Information Policies 5.12 MINERAL RESOURCES. 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? Summary of Impacts Identified in the GPU EIR ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The Final Recirculated GPU EIR addressed mineral resource impacts on pages 5.1 1-6 through 5.1 1-7. The GPU EIR determined that the GPU buildout would not result in the loss of availability of a known mineral resource. Impacts Associated with the Proposed 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? No New Impact. The California Department of Conservation does not designate the city as being within a Significant Mineral Aggregate Resource Area (SMARA), nor is it located in an area with active mineral extraction activities. The GPU and GPU EIR also did not identify mineral resources within the City, including the Project site. Therefore, the Project would result in no new impact related to loss of availability of a known mineral resource. b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on the general plan, specific plan or other land use plan? No New Impact. The GPU does not include any designated areas of locally important mineral resource recovery. Therefore, the Project would result in no new impact related to locally important mineral resources. Conclusion With regards to the issue area of mineral resources, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. 74 �jty o11n�o1 41 —11 Q 121�- ?� City of Santa Ana Uniformly Applied Development Policies or Standards (DP/S) None. GPU EIR Mitigation Measures Applicable to the Proiect None. Community Plan Exemption Checklist Gary Avenue Business Park Project 75 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Project Peculiar Significant Potentially Adverse No Impact that is Impact not Significant Impact New not Analyzed as Offsite or More Severe Impact Substantially Significant in Cumulative based on Mitigated by the Prior EIR Impact not Substantial Uniformly Discussed New Applied in the prior Information Policies EIR 5.13 NOISE. Would the project result in: a) 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? b) Generation of excessive ground borne vibration or ground borne 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 two 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? Summary of Impacts Identified in the GPU EIR ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The Final Recirculated GPU EIR addressed noise impacts on pages 5.1 2-29 through 5.1 2-50. Construction Noise. The GPU EIR described that Mitigation Measure N-1 would reduce potential noise impacts during construction to the extent feasible. However, due to the potential for proximity of construction activities to sensitive uses, the number of construction projects occurring simultaneously, and the potential duration of construction activities, construction noise could result in a temporary substantial increase in noise levels above ambient conditions. Therefore, impacts would remain significant and unavoidable. Operational Noise. The GPU EIR determined that buildout of the GPU would cause a substantial traffic noise increase on local roadways and could locate sensitive receptors in areas that exceed established noise standards and that Mitigation Measure N-2 would reduce potential interior noise impacts to future noise - sensitive receptors below the thresholds. However, there are no feasible or practical mitigation measures available to reduce project -generated traffic noise to less than significant levels for existing residences along affected roadways. Thus, the GPU EIR determined that traffic noise would remain a significant and unavoidable impact. Construction Vibration Impacts. The GPU EIR discussed that construction activity would generate varying degrees of ground vibration, depending on the construction procedures and equipment, that has the potential to exceed the FTA criteria for architectural damage (e.g., 0.12 inches per second [in/sec] PPV for fragile or historical resources, 0.2 in/sec PPV for non -engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). The EIR determined that implementation of Mitigation Measure N-2 and adherence to associated performance standards, would reduce impacts to a less -than -significant level. 76 Ity Counn-il 41 - 121 121-2 0 It- 0 ?_2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Operational Vibration Impacts. The GPU EIR discussed that commercial and industrial operations would generate varying degrees of ground vibration, depending on the operational procedures and equipment. The EIR determined that with implementation of Mitigation Measures N-3 and N-4 and adherence to associated performance standards, impacts would be reduced to less -than -significant. Mitigation Measures N-3 and N-4 would reduce potential vibration impacts from commercial/industrial uses and proposed uses near existing railroads and facilities to less -than -significant levels. The GPU EIR determined that buildout of the GPU would not result in exposure of future residents and/or workers to excessive airport -related noise. Impacts Associated with the Proposed Project a) Generation of 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? No New Impact. General Plan Noise Standards The GPU includes standards related to excessive noise levels. The City's General Plan noise standards for noise -sensitive land uses are provided in Table N-1. Table N-1: City of Santa Ana Noise Element Standards Land Use Category Sensitive Land Use Noise Level (dBA CNEL) Interior Exterior Residential Single-family, duplex, multi family 45 65 Institutional Hospital, school classroom playgrounds, church, library 45 65 Open Space Parks -- 65 Source: City of Santa Ana Noise Element City of Santa Ana Municipal Code Pursuant to the City's Municipal Code Section 18-31 3, noise levels at residential properties are restricted from exceeding certain noise levels for extended periods of time. Table 5.10-3 provides the Municipal Code exterior noise standards that are applied to residential properties. Table N-2: City of Santa Ana Municipal Code Residential Noise Standards Time Permissible Noise Levels (dBA) Lso L25 L8 L2 Lmax 10:00 p.m. to 7:00 a.m. 50 55 60 65 70 7:00 a.m. to 10:00 p.m. 55 60 65 70 75 Source: City of Santa Ana Municipal Code, Article VI, Section 1 8-31 2. With respect to construction -related noise, Section 18-314 (Special Provisions) of the City's Municipal Code specifies that noise sources associated with construction activities are exempt from the City's established noise standards as long as the activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. Existing Noise Levels To quantify existing ambient noise levels in the Project area, noise measurements were conducted on April 8, 2021. As shown in table N-3, existing ambient noise ranges between 62.3 and 66.5 dBA Leq. GIt`y-r�ounr--ol 41 — �-2 121�- ?� 77 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Table N-3: Noise Measurements Site Location Leq Lmin Lmax Time (dBA) (dBA) (dBA) 1 Along the east side of East Garry Avenue approximately 500 64.9 58.5 79.0 1 2:00 p.m. feet south of Pullman Street 2 Along the east side of Alton Parkway approximately 700 feet 66.5 52.2 82.8 12:20 p.m. from the intersection of Daimler Street and Alton Parkway 3 Along the western portion of Duryea Avenue, approximately 50�62.3 57.6 73.9 1 2:38 p.m. feet south of SR-55 Source: Acoustical Assessment (Appendix K) Construction Project construction activities for the proposed Project are anticipated to include demolition of the existing three buildings and pavement, site preparation and grading of the Project site, building construction of a new 91,500 square foot light industrial building, paving of onsite driveways, parking lots and truck loading area, and application of architectural coatings. Noise impacts from construction activities associated with the proposed Project would be a function of the noise generated by construction equipment, equipment location sensitivity of nearby land uses, and the timing and duration of the construction activities. The nearest noise sensitive receptors to the Project site are the single-family homes located as near as approximately 2,200 feet north of the Project site. In addition, a dialysis center is located 700 feet to the northeast of the site. Section 1 8-31 A (Special Provisions) of the City's Municipal Code specifies that noise sources associated with construction activities are exempt from the City's established noise standards as long as the activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. Construction noise impacts to the nearby sensitive receptors have been calculated as part of the Acoustical Assessment completed for the Project included as Appendix K. Anticipated construction equipment noise emissions are identified below. As shown the highest construction noise would be 66.4 dBA Leq. Table N-4 Project Construction Noise Levels Construction Phase Receptor Worst Case Modeled Exterior Noise Level (dBA Leq) Noise Threshold (dBA Leq) Exceeded? Land Use Direction Distance (feet) Commercial Northeast 700 63.5 85 No Demolition Residential North 2,200 1 53.6 80 No Commercial Northeast 700 64.7 85 No Site Preparation Residential North 2,200 54.8 80 No Commercial Northeast 700 64.4 85 No Grading Residential North 2,200 54.4 80 No Building Construction Commercial Northeast 700 66.4 85 No Residential North 2,200 56.4 80 No Commercial Northeast 700 63.6 85 No Paving Residential I North 2,200 53.7 80 No Architectural Coating Commercial Northeast 700 50.8 85 No Residential North 2,200 40.8 80 No Source: Acoustical Assessment (Appendix K) Table N-4 shows that construction noise levels would not exceed the 85/80-dBA threshold and would not exceed the City's municipal code allowable Lmax. Additionally, compliance with Section 18-314 (Special 78 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Provisions) of the City of Santa Ana Municipal Code would minimize impacts from construction noise, as construction would be limited to daytime hours. Therefore, no new impacts related to construction activities would occur. Operation The proposed Project would consist of the development of an industrial building. Potential noise impacts associated with the operations of the proposed Project would be from Project -generated vehicular traffic on the nearby roadways and from onsite activities, which have been modeled and identified below. Mechanical Equipment. Stationary noise sources related to long-term operation of the Project would include mechanical equipment. Mechanical equipment (e.g. heating ventilation and air conditioning [HVAC] equipment) typically generates noise levels of approximately 52 dBA at 50 feet. At 700 feet away, the location of the dialysis center, mechanical equipment noise would attenuate to 29.1 dBA, which is below the City's 65 dBA standard. Therefore, no new impacts would occur. Truck and Loading Dock Noise. During loading and unloading activities, noise would be generated by the trucks' diesel engines, exhaust systems, and brakes during low gear shifting braking activities; backing up toward the docks; dropping down the dock ramps; and maneuvering away from the docks. Loading or unloading activities would occur on the east and southeast side of the Project site. Vehicular access to the proposed Project site would consist of two driveways along Garry Avenue on the east/northeast side of the Project site. Typically, heavy truck operations generate a noise level of 68 dBA at a distance of 30 feet. At 700 feet northeast of the proposed loading areas, the dialysis center would experience truck noise levels of approximately 40.6 dBA, which is below the City's acceptable limits of 65 dBA for residential noise. Additionally, these noise levels would also be further attenuated by the intervening structures. Loading dock doors would also be surrounded with protective aprons, gaskets, or similar improvements that, when a trailer is docked, would serve as a noise barrier between the interior warehouse activities and the exterior loading area. This would attenuate noise emanating from interior activities, and as such, interior loading and associated activities would be permissible during all hours of the day. Noise levels associated with trucks and loading or unloading activities would not exceed the City's standards and no new impacts would occur. Parking Noise. The Project would provide parking stalls, trailer parking stalls, and loading spaces on the north and south of the proposed warehouse building near the site perimeter. Traffic associated with parking lots is typically not of sufficient volume to exceed community noise standards, which are based on a time - averaged scale such as the CNEL scale. The instantaneous maximum sound levels generated by a car door slamming, engine starting up, and car pass-bys range from 53 to 61 dBA at 50 feet. Conversations in parking areas may also be an annoyance to adjacent sensitive receptors if any. Sound levels of speech typically range from 33 dBA at 50 feet for normal speech to 50 dBA at 50 feet for very loud speech. It should be noted that parking lot noises are instantaneous noise levels compared to noise standards in the hourly Leq metric, which are averaged over the entire duration of a time period. Actual noise levels over time resulting from parking lot activities would be far lower than the existing ambient noise levels identified above. Parking lot noise would occur within the surface parking lot on -site and would be up to 38.1 dBA at the nearest sensitive receptor (which is below the City's 65 dBA threshold) located approximately 700 feet away. Parking lot noise also currently occurs at the adjacent properties under existing conditions. Parking lot noise would be consistent with the existing noise in the vicinity and would be partially masked by background noise from traffic along Garry Avenue and SR-55. Therefore, no new noise impacts from parking lots would occur from the Project. Off -Site Traffic Noise. As detailed in Section 5.17, Transportation, Table T-1, the proposed Project would result in a reduction of trips by 915 daily PCE trips, which include 137 less trips in the AM peak hour and 126 less trips in the PM peak hour than the existing three office buildings. Due to the decrease in traffic, no new traffic related noise impacts would result from the Project. 79 �jty e;;n�j1 41 — 124 12120It-21?_2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project b) Generation of excessive ground borne vibration or ground borne noise levels? Construction No New Impact. Construction activities for the proposed Project would include demolition, excavation, and grading activities, which have the potential to generate low levels of groundborne vibration. People working in close proximity to the Project site could be exposed to the generation of excessive groundborne vibration or groundborne noise levels related to construction activities. The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. Site ground vibrations from construction activities very rarely reach the levels that can damage structures, but they can be perceived in the audible range and be felt in buildings very close to a construction site. Demolition, excavation, and grading activities are required for the Project and can result in varying degrees of ground vibration, depending on the equipment and methods used, distance to the affected structures and soil type. Potential impacts of the Project are compared to the Federal Transit Administration (FTA) published standard vibration velocities for construction equipment operations in their 2018 Transit Noise and Vibration Impact Assessment Manual. Based on FTA data, vibration velocities from typical heavy construction equipment operations that would be used during Project construction range from 0.003 to 0.089 in/sec PPV at 25 feet from the source of activity, which is below the FTA's 0.20 PPV threshold for annoyance, as shown on Table N-5. The closest structure is the commercial use located approximately 40 feet from the Project construction area. Also, as shown Table N-5, construction VdB levels would not exceed 81 VdB at 40 feet (i.e., below the 100 VdB structural damage threshold). Therefore, no new impacts related to construction would occur from implementation of the Project. Table N-5: Construction Equipment Vibration Levels Equipment PPV at 25 Feet (in/sec) PPV at 40 Feet (in/sec) VdB at 25 Feet VdB at 40 Feet Large Bulldozer 0.089 0.0440 87 81 Caisson Drilling 0.089 0.0440 87 81 Loaded Trucks 0.076 0.0376 86 80 Jackhammer 0.035 0.0173 79 73 Small Bulldozer Tractors 1 0.003 0.0015 58 52 Source: Acoustical Assessment (Appendix K) Operation Once operational, the Project would not be a significant source of groundborne vibration. Groundborne vibration surrounding the Project currently result from heavy-duty vehicular travel (e.g., refuse trucks, heavy duty trucks, delivery trucks, and transit buses) on the nearby local roadways. Operations of the proposed Project would include passenger cars and trucks. Due to the rapid drop-off rate of ground -borne vibration and the short duration of the associated events, vehicular traffic -induced ground -borne vibration is rarely perceptible beyond the roadway right-of-way, and rarely results in vibration levels that cause damage to buildings in the vicinity. Therefore, the Project would result in no new impacts related to ground born vibration. 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 two 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 New Impact. The Project would not expose people residing or working in the Project site to excessive noise levels from aircraft. The nearest airport is John Wayne Airport that is located approximately 1.5 miles 80 jty o1;ndo 41 121-2 0 It- 0 ?_2 City of Santa Ana Community Plan Exemption Checklist Gary Avenue Business Park Project south of the Project site. The Project site is located outside of the 65 dBA CNEL noise contours of the airport. Therefore, the Project would result in no new impacts related to exposure of people residing or working in the Project site to excessive noise levels from aircraft. Conclusion With regards to the issue area of Noise, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) Municipal Code Chapter 18, Article 7 Noise and Vibration Control (Noise Ordinance). GPU EIR Mitigation Measures Applicable to the Project N-1 Construction contractors shall implement the following measures for construction activities conducted in the City of Santa Ana. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans submitted to the City: The City of Santa Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading, and/or building permits. • Construction activity is limited to the hours: Between 7 AM to 8 PM Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. • During the entire active construction period, equipment and trucks used for project construction shall use the best -available noise control techniques (e.g., improved mufflers, equipment re -design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment, such as generators and air compressors shall be located as far as feasible from nearby noise -sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise -sensitive receptors. • Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City Planning and Building Agency. • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City's and contractor's authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor's representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the on -site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. • During the entire active construction period and to the extent feasible, the use of noise - producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically 81 C jty o11ndo 41 121-2 0 It- 0 ?_2 City of Santa Ana Community Plan Exemption Checklist Gary Avenue Business Park Project adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line -of -sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. Proposed Project Applicability: Mitigation Measure N-1 is applicable to the proposed Project and will be included in the Project MMRP. N-2 Prior to issuance of a building permit for a project requiring pile driving during construction within 135 feet of fragile structures, such as historical resources, 100 feet of non -engineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster); or a vibratory roller within 25 feet of any structure, the project applicant shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed Federal Transit Administration (FTA) architectural damage thresholds (e.g., 0.12 inches per second [in/sec] peak particle velocity [PPV] for fragile or historical resources, 0.2 in/sec PPV for non -engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed this threshold, alternative uses such as drilling piles as opposed to pile driving and static rollers as opposed to vibratory rollers shall be used. If necessary, construction vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded. Proposed Project Applicability: Mitigation Measure N-2 is not applicable to the proposed Project because the Project does not involve pile driving and no fragile structures are located near the Project site. N-3 New residential projects (or other noise -sensitive uses) located within 200 feet of existing railroad lines shall be required to conduct a groundborne vibration and noise evaluation consistent with Federal Transit Administration (FTA)-approved methodologies. Proposed Project Applicability: Mitigation Measure N-3 is not applicable to the proposed Project because the Project does not involve development of residences and the site is not within 200 feet of a railroad. N-4 During the project -level California Environmental Quality Act (CEQA) process for industrial developments under the General Plan Update or other projects that could generate substantial vibration levels near sensitive uses, a noise and vibration analysis shall be conducted to assess and mitigate potential noise and vibration impacts related to the operations of that individual development. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents. Proposed Project Applicability: Mitigation Measure N-4 is applicable to the proposed Project and an acoustical assessment has been completed and provided in Appendix K. 82 jty o;;ndo 41 — 127 121-2 0 It- 0 ?_2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Project Significant Potentially Adverse No Peculiar Impact not Significant Impact New Impact that is Analyzed Offsite or More Impact not as Cumulative Severe Substantially Significant Impact not based on Mitigated by in the Prior Discussed in Substantial Uniformly EIR the prior EIR New Applied Information Policies 5.14 POPULATION AND HOUSING. Would the project: a) 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)? b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Summary of Impacts Identified in the GPU EIR ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The GPU EIR addressed population and housing impacts on pages 5.1 3-12 through 5.1 3-15. The GPU EIR determined that full buildout of the GPU would result in a population of 431,629, and the City's 20A5 population growth would be approximately 20 percent greater than the Orange County Council of Governments' 20A5 projections. Furthermore, the city's housing units at buildout would be 115,053, which exceeds the Orange County Council of Governments' projection by 38 percent. The EIR determined that there are no feasible mitigation measures to mitigate the population and housing growth at buildout, and impacts would be significant and unavoidable. The proposed GPU would provide more housing opportunities than currently exist. Therefore, implementation of the GPU would not displace people and/or housing, and impacts related to people and housing displacement would not occur. Impacts Associated with the Proposed Project a) Induce substantial unplanned population growth in an area, either directly or indirectly? No New Impact. The proposed Project would not directly result in unplanned population growth because it does not propose any residential dwelling units and development of the Project would be consistent with the General Plan land use and zoning designations for the site, which are used by both local and regional agencies to determine anticipated growth. The FLEX-3 GPU land use designation allows for a FAR of 3.0 and the Interim Development Standard of M- 1 does not include standards for lot size or density. The proposed Project would result in a FAR of 0.42, which is within the allowable FLEX-3 FAR; and the Project would be consistent with the M-1 (Light Industrial) development standards. Therefore, the Project is consistent with conditions evaluated under the GPU EIR and the Project would result in no new impacts related to unplanned population growth. 83 jty e;ando 41 12-1-2012022 City of Santa Ana Community Plan Exemption Checklist Gary Avenue Business Park Project b) Displace substantial numbers of existing people housing, necessitating the construction of replacement housing elsewhere? No New Impact. The Project proposes demolition of three existing office buildings and construction of a new light industrial building that would accommodate two tenants. The Project would not result in displacement of existing housing or necessitate the need for housing elsewhere. Therefore, the Project would result in no new impacts. Conclusion With regards to the issue area of Population and Housing, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) None. GPU EIR Mitigation Measures Applicable to the Project None. 84 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Project Significant Potentially Adverse No Peculiar Impact not Significant Impact New Impact that is Analyzed as Offsite or More Severe Impact not Significant in Cumulative based on Substantially the Prior EIR Impact not Substantial Mitigated by Discussed New Uniformly in the prior Information Applied EIR Policies 5.15 PUBLIC SERVICES. 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? Police protection? Schools? Parks? Other public facilities? Summary of Impacts Identified in the GPU EIR ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The Final Recirculated GPU EIR addressed public service impacts on pages 5.14-1 1 through 5.14-47. The GPU EIR The GPU would introduce new structures and allow for up to 22,361 new residents and workers in the OCFA and Santa Ana Police Department service boundaries, thereby increasing the requirement for fire protection facilities and personnel, as well as increasing the service needs for the Main Library and the Newhope Library Learning Center. The GPU would also generate additional students who would impact the school enrollment capacities of the Santa Ana Unified School District, Garden Grove Unified School District, and Orange Unified School District. However, upon implementation of regulatory requirements and standard conditions of approval the GPU would not create significant impacts related to fire protection services, police protection, library services, or school services. Impacts Associated with the Proposed Project The proposed Project would remove the existing 3 office buildings that total 103,031 square feet and develop one new light industrial building that would be 91,500 square feet and would accommodate two tenants. Based on the GPU buildout methodology, the existing office buildings generate 1 employee per 286 square feet, which would total 360 existing employees on the site at full occupancy. The GPU buildout methodology identifies that warehouses generate 1 employee per 800 square feet. Thus, full occupancy of the proposed Project would generate 114 employees, resulting in a reduction of 246 employees on the site. a) Fire Protection 85 rjty ounn-il 41 - 12-0- 12.20120-2 -2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project No New Impact. The nearest fire station is OCFA Fire Station 79, located at 1320 E Warner Avenue, approximately 1.3 miles to the Project site. The new industrial warehouse employees would replace the existing office employees on the site and result in a reduction of approximately 246 employees onsite at full occupancy. In addition, the existing older buildings would be replaced with new buildings with current fire safety infrastructure. Thus, the proposed Project use is not anticipated to increase the in demand for fire protection and emergency medical services, and the Project would not require construction of a new or physically altered fire station that could cause environmental impacts. Therefore, the Project would result in no new impacts related to fire protection services. b) Police Protection No New Impact. The nearest City of Santa Ana Police Station is the Santa Ana Southeast Substation, located at 1780 McFadden Ave #1 14B approximately 2.9 miles to north of the Project site. As described above, the Project would not increase the number of employees on the site. The proposed Project land use and operation would be similar to existing conditions. Crime rate and population density are not anticipated to be impact by the Project, and the new building would include current security measures that would be reviewed by the City during the development permitting process. Therefore, the Project would result in no new impact related to police protection. c) School Services No New Impact. The nearest public school facilities include Monroe Elementary School (1.6 miles to the northwest), Manuel Esqueda Elementary School (2.2 miles to the northwest), Cesar E. Chavez High School (2.2 miles to the northwest), and Douglas MacArthur Fundamental Intermediate (2.2 miles to the west). The Project does not include any housing and would not directly create additional students to be served by schools. In addition, the Project would not increase the number of employees on site that could indirectly impact school attendance rates. Therefore, the Project would not result new impacts related to school services. d) Parks No New Impact. As discussed above, the Project would not create an additional need for housing; and would not directly increase the residential population of the City and generate additional need for parkland. Therefore, the Project would result in no new impacts related to parks. e) Other Public Facilities No New Impact. The Project would not result in a direct increase in the population of the Project site and would not increase the demand for public services, including public health services and library services which would require the construction of new or expanded public facilities. Therefore, the Project would result in no new impacts related to other public facilities. Conclusion With regards to the issue area of Public Services, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) California Fire Code, as included in Municipal Code Chapter 14. 86 City of Santa Ana GPU EIR Mitigation Measures Applicable to the Project None. Community Plan Exemption Checklist Gary Avenue Business Park Project 87 0ty G ems;ndo 41 — 1z? 12-1-2 0 It- 0 ?—2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project 5.16 RECREATION. 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? 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? Project Peculiar Significant Potentially Adverse No Impact that is Impact not Significant Impact New not Analyzed Off site or More Impact Substantially as Cumulative Severe Mitigated by Significant Impact not based on Uniformly in the Prior Discussed Substantial Applied EIR in the prior New Policies EIR Information ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Summary of Impacts Identified in the GPU EIR The Final Recirculated GPU EIR addressed recreation impacts on pages 5.15-27 through 5.15-31. The GPU EIR discussed that the GPU would generate additional residents that would increase the use of existing park and recreational facilities such that substantial physical deterioration of the facility could occur or be accelerated. The GPU EIR describes that buildout of the GPU would require construction or expansion of recreation facilities that could result in environmental impacts, and although required park fees for development could be sufficient to fund new parks and improvements, there is a lack of available land and lack of land designated as Open Space to develop new parks or expand existing facilities. The City of Santa Ana is essentially built. The GPU EIR includes Mitigation Measure REC-1 to monitor new residential development within the Dyer/55 Fwy focus area would contribute to reducing impacts to existing public parks within a 0.5 radius of the focus area. Compliance with this mitigation measure, regulatory requirements, and implementation of proposed GPU policies and implementation actions would reduce the potential impact of the proposed GPU on existing park facilities. However, the GPU EIR determined that because of the existing park deficiencies and scale of development in park -deficient areas, the impact would be significant and unavoidable. Impacts Associated with the Proposed Project a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that physical deterioration of the facility would be accelerated? No New Impact. As discussed above, the Project would not create an additional need for housing; and would not directly increase the residential population of the City and generate additional need for parkland such that use of existing facilities would increase and physical deterioration would be accelerated. Therefore, the Project would result in no new impacts related to physical deterioration of park facility. 88 j ty e; ; ndo 1 41 - 1z.2- 121-2 0 It- 0 ?_2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project b) Require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No New Impact. The Project does not propose the construction or expansion of recreational facilities. As discussed above, the Project would not create an additional need for housing and would not directly increase the residential population of the City to generate additional need for recreational facilities. Therefore, the Project would have no new impacts related to expansion of recreational facilities. Conclusion With regards to the issue area of Recreation, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) None. GPU EIR Mitigation Measures Applicable to the Project REC-1 The City shall monitor new residential development within the Dyer/55 Fwy focus area. Development proposals for projects including 100 or more residential units shall be required to prepare a public park utilization study to evaluate the project's potential impacts on existing public parks within a one half (1 /2) mile radius to the focus area. The evaluation shall include the population increase due to the project and the potential for the new resident population to impact existing public parks within the radius. Each study shall also consider the cumulative development in the Dyer/55 Fwy and the potential for a cumulative impact on existing public parks within the radius. If the study determines that the project, or it's incremental cumulative impacts would result in a significant impact (substantial physical deterioration or substantial acceleration of deterioration) to existing public parks, the project shall be required to mitigate this impact. Measures to mitigate the significant impact may include but are not limited to land dedication and fair -share contribution to acquire new or to enhance existing public parks within the radius. Mitigation shall be completed prior to issuance of occupancy permits. Proposed Project Applicability: Mitigation Measure REC-1 is not applicable to the proposed Project because the Project does not involve residential development. 89 ., 0ty G o1;ndo 41 - 1zd 121-2 0 It- 0 ?_2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Project Significant Potentially Adverse No Peculiar Impact not Significant Impact New Impact that is Analyzed Off site or More Impact not as Cumulative Severe Substantially Significant Impact not based on Mitigated by in the Prior Discussed Substantial Uniformly EIR in the prior New Applied EIR Information Policies 5.17 TRANSPORTATION. Would the project: a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (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? Summary of Impacts Identified in the GPU EIR ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The Final Recirculated GPU EIR addressed transportation impacts on pages 5.16-25 through 5.16-37. The GPU EIR determined that the GPU is consistent with adopted programs, plans, and policies addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Additionally, the EIR determined that implementation of the GPU would result in a reduction of vehicle miles traveled per service population (VMT/SP) in comparison to existing City conditions, and would achieve a VMT/SP at least 15 percent lower than the countywide VMT/SP. Also, the EIR determined that circulation improvements associated with future development pursuant to the GPU would be designed to adequately address potentially hazardous conditions (sharp curves, etc.), potential conflicting uses, and emergency access. Impacts Associated with the Proposed Project a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? No New Impact. The Project would change the site from three office buildings that total 103,031 square feet to one 91,500 square foot light industrial warehouse building that would accommodate two tenants. Based on the existing square footage, it is estimated that the existing office buildings generate approximately 1,117 daily trips, with 157 trips (1 38 inbound and 19 outbound) in the AM peak hour, and 148 trips (25 inbound and 123 outbound) in the PM peak hour. Table T-1 identifies the number of trips that would be generated by the Project. The Project trip generation is broken out by vehicle type and passenger car equivalent (PCE) factors are applied to the truck trips to determine the PCE trip generation. Passenger car equivalent factors account for the additional roadway capacity utilized by trucks due to their larger size, slower acceleration and reduced maneuverability when compared to passenger cars. As shown, the proposed light industrial warehouse building would generate Doty Council 41 — 1z.� 12-1�- ?� 90 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project 915 fewer trips on a daily basis than the existing office buildings, with 137 fewer trips in the AM peak hour, and 126 fewer trips during the PM peak hour. The proposed light industrial warehouse building would generate 203 daily PCE trips including 20 AM peak hour and 22 PM peak hour trips. Compared to the existing trips generated from the existing three office buildings, the daily number of trips would be reduced by 915 trips, including 137 less trips in the AM peak hour and 126 less trips in the PM peak hour. Therefore, the Project would result in no new impacts related to roadway circulation. Table T-1: Project Trip Generation Trip Generation Rates ITE Land Use ITE Code Unit Daily AM Peak Hour PM Peak Hour In Out Total In Out Total General Office Building 710 KSF 10.84 1.34 0.18 1.52 0.25 1.20 1.44 Warehousing 150 KSF 1.710 0.131 0.039 0.170 0.050 0.130 0.180 Project Trip Generation Project Land Use Quantity Unit Daily AM Peak Hour PM Peak Hour I In Out I Total In I Out I Total Existing Use General Office Building 1103.031 1 KSF 11,117 1 138 1 19 1 157 1 25 1 123 1 148 Proposed Use Warehousing 91.500 KSF 156 12 4 16 5 12 17 Passenger V e hicles 79.57% 124 10 3 13 4 10 14 Trucks 20.43% 32 2 1 3 1 2 3 Project Trips — Passenger Car Equivalents (PCE) Vehicle Type Vehicle Mix Daily Vehicles PCE Factor Dail y AM Peak Hour PM Peak Hour In Out Total In Out Total Passenger V ehicles 79.57% 124 1.0 124 10 3 13 4 10 14 2-Axle Trucks 3.46% 5 1.5 8 1 0 1 0 1 1 3-Axle Trucks 4.64% 7 2.0 14 1 0 1 0 1 1 4+ Axle Trucks 112.33% 1 19 1 3.0 57 4 1 5 2 4 6 Total Truck PCE Trips 79 6 1 7 2 6 8 Total Proposed Project PCE Trips 203 16 4 20 6 16 22 Net Trips (Proposed PCE - Existing) -915 -122 -15 -137 -19 -107 -126 Source: Trip Generation Comparison and VMT Assessment Memorandum, Appendix L There is currently no transit, bicycle, or pedestrian facilities near the Project site. The closest OCTA bus stop is located at the intersection of Red Hill Avenue and Alton Parkway, approximately 0.6 mile from the Project site. In addition, there are no bicycle lanes or sidewalks near the Project site. The Project would not result in new impacts to transit or bicycle facilities. The proposed Project would install a new sidewalk along Garry Avenue and the site frontage that would improve the existing pedestrian circulation at the site. Thus, the Project would also not result in new impacts to pedestrian facilities. Overall, the proposed Project would not result in new impacts related to transportation. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? No New Impact. Senate Bill 743 (SB 743) was signed into law on September 27, 2013 and changed the way that public agencies evaluate transportation impact under CEQA. A key element of this law is the elimination of using auto delay, LOS, and other similar measures of vehicular capacity or traffic congestion as a basis for determining significant transportation impacts under CEQA. The legislative intent of SB 743 was to "more appropriately balance the needs of congestion management with statewide goals related to infill development, promotion of public health through active transportation, and reduction of greenhouse 91 Doty Council 41 -12-6 12-1-2 0 12() 22 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project gas (GHG) emissions." According to the law, "traffic congestion shall not be considered a significant impact on the environment" within CEQA transportation analysis. SB 743 does not prevent a city or county from continuing to analyze delay or LOS as part of other plans (i.e., a city's General Plan), studies, congestion management and transportation improvements, but these metrics may no longer constitute the basis for transportation impacts under CEQA analysis as of July 1, 2020. For example, in the City, the General Plan identifies LOS as being a required analysis, and even though it will no longer be a requirement of CEQA, unless the General Plan is amended, LOS will continue to be analyzed as part of Project review. The Governor's Office of Planning and Research (OPR) updated the CEQA Guidelines to establish new criteria for determining the significance of transportation impacts. Based on input from the public, public agencies, and various organizations, OPR recommended that Vehicle Miles Traveled (VMT) be the primary metric for evaluating transportation impacts under CEQA. As shown in Table T-1, the existing three office buildings currently generates 11,1117 daily trips including 157 trips during the AM peak hour and 148 trips during the PM peak hour. The proposed light industrial warehouse would generate 203 daily PCE trips including 20 trips during the AM peak hour and 22 trips during the PM peak hour. When compared to the existing office buildings, the Project would generate 915 fewer daily trips, including 137 less trips in the AM peak hour and 126 less trips in the PM peak hour. Based on the City's VMT screening threshold, projects that generate or add 110 or fewer daily trips are considered less than significant impact and do not require a VMT analysis. Because the Project would result in a reduction of vehicle trips, it would not exceed the City's VMT screening threshold, and no new impacts related to consistency with CEQA Guidelines section 15064.3, subdivision (b) would occur. c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No New Impact. The proposed Project includes only an industrial warehouse facility. There are no proposed uses that would be incompatible. The Project would also not increase any hazards related to a design feature. Operation of the proposed Project would involve trucks entering and exiting the Project site from Garry Avenue for access to the loading bays via two 30-foot-wide driveways (on driveway to serve each tenant) on either site of the proposed building. The onsite circulation design prepared for the Project provides fire truck accessibility and turning ability throughout the site. Thus, no impacts related to vehicular circulation design features would occur from the proposed Project. Also, Project improvements would be consistent with development standards for streets, sidewalks, and other public places as specified in Chapter 33 of the City Municipal Code. The City Department of Public Works would ensure plans are consistent with design standards as part of building permitting. Therefore, the Project would not result in new impacts related to hazards due to a design feature. d) Result in inadequate emergency access? No New Impact. Construction The proposed construction activities, including equipment and supply staging and storage, would occur within the Project site, and would not restrict access of emergency vehicles to the Project site or adjacent areas. The installation of the driveway, and connections to existing infrastructure systems that would be implemented during construction of the proposed Project may require the temporary closure of one lane of Garry Avenue. However, the construction activities would be required to ensure emergency access in accordance with Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9), which would be ensured through the City's permitting process. Thus, implementation of the Project through the City's permitting process would ensure existing regulations are adhered to and that no new impacts would occur. 92 ., j ty e; ; ndo 1 41 — 1z.? 12-1-2 0 It- 0 ?—2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Operation As described previously, the proposed Project would be accessed from a driveway along Garry Avenue. The site would include vehicle and truck access. The design and permitting of the onsite circulation would provide adequate and safe circulation. Because the Project is required to comply with all applicable City codes, as verified by the City no new impacts related to inadequate emergency access would occur from the Project. Conclusion With regards to the issue area of transportation, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) None. GPU EIR Mitigation Measures Applicable to the Project None. Gjty Council 41 — 1z.� 121�- ?� 93 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Project Peculiar Significant Potentially Adverse No Impact that is Impact not Significant Impact New not Analyzed Off site or More Impact Substantially as Cumulative Severe Mitigated by Significant Impact not based on Uniformly in the Prior Discussed Substantial Applied EIR in the prior New Policies EIR Information 5.18 TRIBAL CULTURAL RESOURCES. 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: a) 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)? b) 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? Summary of Impacts Identified in the GPU EIR ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The Final Recirculated GPU EIR addressed tribal cultural resource impacts on pages 5.17-1 3 through 5.17- 15. The GPU EIR describes that the Sacred Land File search for the GPU yielded positive results, indicating that known tribal resources exist within the plan area. Further, a CHRIS records search at SCCIC indicated that 23 archaeological resources were previously recorded within 0.5 mile of the City. Of these resources, eight archaeological resources were located within the City, which include four prehistoric sites with habitation debris and lithic scatters, one multicomponent site, and three historic isolates. The GPU EUR also describes that the City includes many locations that would have been favorable for prehistoric Native American occupation, and that while the City is urbanized, buried resources may remain in areas of minimal ground disturbance. Additionally, the GPU EIR describes that the Gabrieleno Band of Mission Indians — Kizh Nation identified sensitive areas within the City, and that buildout of the GPU may cause a substantial adverse change in the significance of tribal cultural resources. Thus, the GPU EIR determined that implementation of Mitigation Measures CUL-4 through CUL-7 would be required to reduce impacts relating to tribal cultural resources to less than significant. 94 ., city ounn-il 41 - 1z- 1-2120120-2 -2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Impacts Associated with the Proposed Project 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 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)? No New Impact. This topic was evaluated in the GPU EIR (Impact 4.1 3-6) and was determined to be less than significant with mitigation. As detailed previously in Section 5, Cultural Resources, the Project site does not meet any of the historic resource criteria and does not meet the definition of an historical resource pursuant to CEQA. Therefore, the Project would not result in impacts to historic resources that are listed or eligible for listing. As such, the Project would result in no new impacts related to historic resources that are listed or eligible for listing and have cultural value to a California Native American tribe. b) 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 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 Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. No New Impact. Assembly Bill (AB) 52 (Chapter 532, Statutes of 2014) establishes a formal consultation process for California tribes as part of the CEQA process and equates significant impacts on "tribal cultural resources" with significant environmental impacts (Public Resources Code [PRC] § 21084.2). AB 52 requires that lead agencies undertaking CEQA review evaluate, just as they do for other historical and archeological resources, a project's potential impact to a tribal cultural resource. In addition, AB 52 requires that lead agencies, upon request of a California Native American tribe, begin consultation prior to the release of a negative declaration, mitigated negative declaration, or EIR for a project. AB 52 does not apply to a Notice of Exemption or Addendum. As described in the GPU EIR, eight archaeological resources have been recorded within the City, including four prehistoric sites, one multicomponent site, and three historic isolates. The City includes many locations that would have been favorable for prehistoric Native American occupation, and buried resources may remain in areas where developments such as parking lots, parks, or structures with shallow foundations have required only minimal ground disturbance. In addition, Project site soils consist of quaternary alluvium and undocumented fill materials that have the potential to include tribal cultural resources. Based on the moderate sensitivity of the site for resources, the Project would be required to implement GPU Mitigation Measure CUL-6 that requires a Native American monitor approved by a California Native American Tribe identified by the Native American Heritage Commission as culturally affiliated with the Project area to monitor all ground -disturbing construction and pre -construction activities in areas of high sensitivity, which would reduce impacts consistent with the requirements of the GPU EIR. Therefore, the Project would result in no new impacts related to tribal cultural resources. Conclusion With regards to the issue area of tribal cultural resources, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. �0ty o11n�j1 41 — 14� 121�- ?� 95 City of Santa Ana Community Plan Exemption Checklist Gary Avenue Business Park Project 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) California Health and Safety Code Section 7050.5 regarding human remains GPU EIR Mitigation Measures Applicable to the Project Refer to Mitigation Measure CUL-6, listed in Section 5.5, Cultural Resources. 96 0ty G e1;ndo 41 — 141 121-2 0 It- 0 ?_2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Project Significant Potentially Adverse No Peculiar Impact not Significant Impact New Impact that is Analyzed Off site or More Impact not as Cumulative Severe Substantially Significant Impact not based on Mitigated by in the Prior Discussed Substantial Uniformly EIR in the prior New Applied EIR Information Policies 5.19 UTILITIES AND SERVICE SYSTEMS. Would the project: a) Require or result in the relocation or construction of new or expanded water or wastewater treatment facilities or expansion of existing facilities, the construction 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 adequate capacity to serve the project's 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 impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Summary of Impacts Identified in the GPU EIR ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The Final Recirculated GPU EIR addressed utilities and service system impacts on pages 5.18-35 through 5.18-64. The GPU EIR discussed that development pursuant to the GPU would require or result in the relocation or construction of new or expanded wastewater facilities. However, Orange County Sanitation District (OCSD) has a functioning and effective process in place to ensure the regional sewer infrastructure would support future developments under the Santa Ana GPU. Additionally, OCSD and OC Water District have adequate capacity to serve development pursuant to the GPU in addition to the providers existing commitments. The EIR also describes that development pursuant to the GPU would require or result in the relocation or construction of new or expanded water facilities. However, the City would have adequate capacity for the proposed increases in water flows across the city under implementation of the GPU and would be able to serve the additional dwelling units and commercial square footage proposed. Furthermore, GPU policies encourage the maintenance and upgrade of water infrastructure through impact fees from new development, and the exploration of other funding sources. Water supply would be adequate to meet development pursuant to the GPU. Existing and/or proposed stormwater drainage facilities would be able to accommodate proposed development pursuant to the GPU. Existing and/or proposed solid waste facilities �jty e;;n�o1 41 — 14-2 12-1�- ?� 97 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project would be able to accommodate development pursuant to the GPU and comply with related solid waste regulations. Development pursuant to the GPU would require or result in the relocation or construction of new or expanded electric power and natural gas. However, the EIR determined that the net increase in natural gas demands due to the GPU buildout are within the amounts that SoCalGas forecasts that it would supply to its customers, and buildout would not require SoCalGas to obtain increased natural gas supplies over its currently forecast supplies. Impacts Associated with the Proposed Project a) Require or result in the 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? No New Impact. The Project proposes to demolish the existing three office buildings that total 103,031 square feet, landscaping, and pavement, and construct a new 91,500 square foot light industrial warehouse building with landscaping that would accommodate two tenants. Water The Project site is currently served by the City's water utility. The proposed Project would install new water lines that would connect to the existing 8-inch water line within Garry Avenue. The Project would not require construction of new or expanded offsite water lines. The removal of the existing three office buildings and development of one light industrial warehousing building would not result in an increase in water demand, and no additional water lines are required. Wastewater The proposed Project would install new onsite sewer lines that would connect to the existing 8-inch sewer line within Garry Avenue. The Project would not require construction of new or expanded offsite sewer lines. The removal of the existing three office buildings and development of one light industrial warehousing building would not result in an increase in wastewater generation, and no expansions to the wastewater treatment system would be required. Stormwater The Project would install a new onsite drainage system that would connect to the existing 18-inch drain in Daimler Street. The onsite drainage would convey runoff to biofiltration basins that would treat flows prior to discharge, and reduce flows as required by the Orange County DAMP, which would be ensured through the Project permitting process. Therefore, operation of the proposed Project would not increase stormwater runoff, and the Project would not require or result in the construction of new off -site storm water drainage facilities or expansion of existing off -site facilities. Electric Power The Project would connect to the existing Southern California Edison electrical distribution facilities that are adjacent to the Project site and would not require the construction of new electrical facilities. Natural Gas The Project would connect to the existing Southern California Gas natural gas distribution facilities that are adjacent to the Project site and would not require the construction of new gas facilities. Therefore, the Project would result in no new impacts related to construction of new or expanded utilities that could result in significant environmental effects. 98 GIty-Counn-il 41 - 143 121-2 0 It- 0 ?_2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? No New Impact. Section 5.18, Utilities and Service Systems, of the GPU EIR describes that operation of the 55 Freeway/Dyer Road Focus Area at buildout (including development of the Project site at a FAR of 3.0) is anticipated to generate a 1,660,558 gallon per day increase in water demand that would be within the planned supplies from the City, the Orange County Water District, and Metropolitan during normal -dry and multiple -dry year scenario. The Project would result in a FAR of 0.42, which would result in a smaller building that would generate less water demand than the GPU EIR anticipated with a building density of 3.0 FAR on the site. Therefore, the proposed Project would be accommodated by the existing water supplies, and no new impacts related to water supplies would occur. c) 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 New Impact. Section 5.18, Utilities and Service Systems, of the GPU EIR describes that operation of the 55 Freeway/Dyer Road Focus Area at buildout (including development of the Project site at a FAR of 3.0) is anticipated to generate 538,450 gallons per day of wastewater. The GPU EIR also details that that the increase would be accommodated by OCSD's Treatment Plant No. 1. The proposed Project would result in a FAR of 0.42, which would result in a smaller building that would generate less wastewater generation than the GPU EIR anticipated with a building density of 3.0 FAR on the site. Therefore, the proposed Project would be accommodated by the existing wastewater infrastructure, and no new impacts related to wastewater facilities would occur. d) 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? No New Impact. Section 5.18, Utilities and Service Systems, of the GPU EIR describes that operation of the 55 Freeway/Dyer Road Focus Area at buildout (including development of the Project site at a FAR of 3.0) is anticipated to generate 275,728 pounds per day of solid waste. The GPU EIR also details that the Orange County solid waste landfill system would have the ability to provide for the GPU with long-term solid waste landfill capacity. The Project would result in a FAR of 0.42, which would result in a smaller building that would generate less solid waste than the GPU EIR anticipated with a building density of 3.0 FAR on the site. Therefore, the proposed Project would be accommodated by the existing landfills and no new impacts related to landfill facilities would occur. In addition, the Project would comply with Section 5.408.1 of the California Green Building Standards Code that requires demolition and construction activities to recycle or reuse a minimum of 65 percent of the nonhazardous construction and demolition waste. Also, pursuant to AB 341, at least 75 percent of the solid waste that is generated during Project operation is required to be recycled, which would reduce the volume of landfilled solid waste. Therefore, the Project would result in no new impacts. e) Comply with federal, state, and local statutes and regulations related to solid waste? No New Impact. As discussed above, the Project would be anticipated to result in 63.45 tons per year. All solid waste -generating activities within the City are subject to the requirements set forth in the California Green Building Standards Code that requires demolition and construction activities to recycle or reuse a minimum of 65 percent of the nonhazardous construction and demolition waste, and AB 341 that requires diversion of a minimum of 75 percent of operational solid waste. 99 ( oty Co innil 41 — 1d 1�21-2 01120_2_ City of Santa Ana Community Plan Exemption Checklist Gary Avenue Business Park Project The proposed Project would comply with all standards related to solid waste diversion, reduction, and recycling during Project construction and operation. Therefore, the proposed Project would not result in new impacts related to conflicts with federal, State, and local management and reduction statutes and regulations pertaining to solid waste. Conclusion With regards to the issue area of utilities and service systems, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) None. GPU EIR Mitigation Measures Applicable to the Project None. 100 Gott' Coun-01 41 — 145 1211-2 01120�_2 _2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project 5.20 WILDFIRES. 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 emergency evacuation plan? b) 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? 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? Project Peculiar Significant Potentially Adverse No Impact that is Impact not Significant Impact New not Analyzed Off site or More Impact Substantially as Cumulative Severe Mitigated by Significant Impact not based on Uniformly in the Prior Discussed Substantial Applied EIR in the prior New Policies EIR Information ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Summary of Impacts Identified in the GPU EIR The GPU EIR describes that according to CAL FIRE, the nearest fire hazard severity zone (FHSZ) is approximately 4.0 miles east of the City along the western edge of Loma Ridge, and about 3.8 miles away from the City at the southern tip of the Peters Canyon Regional Park. The city is not in or near SRAs or lands classified as very high FHSZs. Additionally, no area in the city is on the wildland-urban interface. Therefore, the GPU EIR determined that no impacts related to wildfires would occur. Impacts Associated with the Proposed Project a) Substantially impair an adopted emergency response plan or emergency evacuation plan? No New Impact. The Project site does not contain any emergency facilities, nor does it serve as an emergency evacuation route. During construction and long-term operation, the Project would be required to maintain adequate emergency access for emergency vehicles via Project roadways. A fire lane is included in Project design to provide adequate access for fire services. Furthermore, the Project would not result in a substantial alteration to the design or capacity of any public road that would impair or interfere with the implementation of evacuation procedures. Therefore, The Project would result in no new impacts related to impairment of an emergency response plan. 101 amity Council 41 - 146 121-2 0 It- 0 ?_2 Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollution concentrations from a wildfire or the uncontrolled spread of a wildfire? No New Impact. The Project proposes a light industrial development on a developed site within an area characterized by existing industrial, commercial, and office uses. As such, the Project itself would not exacerbate wildfire risks as compared to existing conditions because it is representative of existing development in the area. The Project site is not in an area identified at risk of fire hazard as identified within the GPU EIR. Therefore, the Project would not result in new impacts related to exposure of people or structures to significant risk involving wildland fires. 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? No New Impact. The Project would not include 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. Therefore, the Project would result in no new impacts. 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? No New Impact. As previously discussed in Section 5.10, the Project site is not in an area susceptible to flooding and would not result in changes to drainage. Additionally, as discussed in Section 5.7, the Project site is not in an area susceptible to landslides. Therefore, the Project would result in no new impacts related to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes. Conclusion Therefore, with regards to the issue area of wildfire, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) California Fire Code, as included in Municipal Code Chapter 14. GPU EIR Mitigation Measures Applicable to the Project None. 102 City of Santa Ana 6 Document Preparers and Contributors Lead Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 CEQA Document Preparer: EPD Solutions, Inc. Konnie Dobreva, JD Brooke Blandino Meaghan Rupard Community Plan Exemption Checklist Gary Avenue Business Park Project 103 pity e;;n�o1 41 — 148 12-1�- ?� Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project 7 References California State Scenic Highway System Map. Accessed: https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e805 7116f1aacaa City of Santa Ana General Plan Update, 2022. Accessed: https://www.santa-ana.org/general-plan- documents/ City of Santa Ana General Plan Update Final Recirculated Draft Program Environmental Impact Report - October 2021. Accessed: https://www.santa-ana.org/general-plan-environmental-documents/ City of Santa Ana Municipal Code. Accessed: https://Iibrary.municode.com/ca/santa_ana/codes/code_ of_ ordinances?nodeld=SAANMUCO Department of Toxic Substances Control. 2021. "EnviroStor Database." Department of Toxic Substances Control. Accessed July 27, 2021. https://www.envirostor.dtsc.ca.gov/public/. Geosyntec Consultants, 2019. Phase I Environmental Site Assessment 1700-1740 East Garry Avenue, Santa Ana Kimley-Horn and Associates Inc. 2021. "Air Quality Assessment 1700 Garry Avenue Project" City of Santa Ana, CA. Kimley-Horn and Associates Inc. 2021. "Greenhouse Gas Emissions Assessment 1700 Garry Avenue Project" City of Santa Ana, CA. Kimley-Horn and Associates Inc. 2021. "Acoustical Assessment 1700 Garry Avenue Project" City of Santa Ana, CA. Kimley-Horn and Associates Inc. 2021. "Trip Generation Comparison and VMT Assessment Memorandum for the Proposed Garry Avenue Business Park Project in the City of Santa Ana". Kimley-Horn and Associates Inc. 2021. "Preliminary Hydrology and Hydraulics Study for 1700 Garry Avenue" City of Santa Ana, CA. Kimley-Horn and Associates Inc. 2021. " Preliminary Water Quality Management Plan for Garry Avenue Business Park" City of Santa Ana, CA. Rocks Biological Consulting, 2021. "Biological Assessment for the Garry Avenue Project, Santa Ana" Stony Miller Consulting. 2020. "Preliminary Geotechnical Investigation Garry Avenue Business Park." South Coast Air Quality Management District. n.d. "RULE 1113. Architectural Coatings." http://www.agmd.gov/rules/reg/reg 11 /r1 1 1 3.pdf. —. n.d. "RULE 1186. PM10 Emissions From Paved and Unpaved Roads, and Livestock Operations." http://www.agmd.gov/docs/default-source/rule-book/reg-xi/rule-1 1 86-1-less-polluting- sweepers.pdf?sfvrsn=4. n.d. "RULE 403. Fugitive Dust." http://www.agmd.gov/docs/default-source/rule-book/rule-iv/rule- 403.pdf?sfvrsn=4. —. n.d. "RULE 431.2. Sulfur Content of Liquid Fuels." http://www.agmd.gov/docs/default-source/rule- book/rule-iv/rule-431-2.pdf?sfvrsn=4. Urbana Preservation & Planning. 2022. "Historical Resource Assessment (HRA) Memorandum 1700-1740 E. Garry Avenue, Santa Ana, California 104 �jty e;an�o1 41 — 149 12-1�- ?� City of Santa Ana This page intentionally left blank. Community Plan Exemption Checklist Gary Avenue Business Park Project 105 .. 0ty ems;ndo 41 — 1z5 C-) 12-1-2 0 It- 0 ?—2 PRISIRNIQN & PIANNINGLU July 21, 2022 Attn: Konnie Dobreva EPD Solutions, Inc. 2355 Main Street I Suite ioo, Irvine, CA 92614 Via Email: konnie(a)epdsolutions.com Southern California 7705 El Cajon Boulevard, # 1 Lo Meso, CA 9J942 6I9-543-06931P Northern California 248 3rd Street #841 Oakland, CA 94607 570-663-74431P www. urbanapresorvaf io n.co m RE: Historical Resource Assessment (HRA) Memorandum 1 1700-174o E. Garry Avenue, Santa Ana, California. Introduction and Purpose The subject property at 1700-174o E. Garry Avenue is composed of three detached office buildings, 1700, 1720, and 1740. The property was constructed in 1973 and is 49 years old. It is not located within a historic district and is not identified as a historic property in the City of Santa Ana Property Information Search Database. The property has not been previously surveyed for eligibility under the City of Santa Ana Register of Historic Properties (Local Register), the California Register of Historical Resources (CRHR), orthe National Register of Historic Places (NRHP). A new project is proposed forthe property and includes demolition of the three existing office buildings and construction of a new approximately 91,5oo square foot light industrial warehousing building that would accommodate two tenants. One side of the building would have 42,700 square feet of warehouse space and 2,500 square feet of office and mezzanine space and the other would have 46,800 square feet of warehouse space and 2,500 square feet of office and mezzanine space. Each side of the building have 5 dock doors. This Historical Resource Assessment (HRA) Memorandum was prepared to conform to City of Santa Ana General Plan Mitigation Measure CUL-1 Identification of Historical Resources and Potential Project Impacts. For structures 45 years or older, a Historical Resources Assessment (HRA) shall be prepared by an architectural historian or historian meeting the Secretary of the Interior's Professional Qualification Standards. This HRA Memorandum was prepared by Urbana Preservation & Planning, LLC with contributions by Alexia Landa, BA, Historian and Wendy Tinsley Becker, RPA, AICP. Ms. Landa and Ms. Tinsley Becker exceed the Secretary of the Interior's Professional Qualification Standards in the disciplines of history and architectural history. Preparer qualifications are attached. The purpose of the HRA Memorandum is to inform the City of the potential forthe property's eligibility under the criteria of the CRHR and the Local Register, contained within Municipal Code Section 30.2, and to assess impacts to historical resources pursuant to Section 15o64.5 of the California Environmental Quality Act Guidelines resultant from a proposed project. Definition of Study Area / Area of Potential Impact The study area encompasses the proposed project boundary which conforms to the parcel boundary. 1700-1740 E. Garry Avenue is identified as Orange County Assessor Parcel No. 430-171-07. The study area was intensively surveyed to inform historical resource identification and project impacts analysis. A study area map is included as Figure 1 on the following page. Results are summarized in the following pages. City Council 41 — 151 URBAN PLANNING • HISTORIC PRESERVATION • HISTORY • ARCHITECTURAL HISTORY 12/20/2022 Historical Resource Assessment Memorandum 1 1700-1740 E. Garry Avenue, Santa Ana Attn: Konnie Dobreva, EPD Solutions, Inc. Page 2 of 3 re i. 5tuay Area ma Building B: 1720 E. Garry Ave Building Q 1740 E. Garry Ave rrojeci rsounaary: I I City Council 41 — 152 12/20/2022 URBAN PLANNING • HISTORIC PRESERVATION • HISTORY • ARCHITECTURAL HISTORY Historical Resource Assessment Memorandum 1 1700-1740 E. Garry Avenue, Santa Ana Attn: Konnie Dobreva, EPD Solutions, Inc. Page 3 of 3 Intensive Level Survey Findings The study area and subject property, 1700-174o E. Garry Avenue is located on Block 9, Lot 116 of the Irvine Subdivision, and was annexed into the City of Santa Ana in 1968 as part of the Alton and Newport East Annex. The purpose of the annexation was to encourage industrial expansion of the city and as a source of future property tax revenue. Constructed in 1973, the subject property consists of three detached two-story, tilt -up concrete buildings that were developed by Rodeffer Investments, a company that was established in 1967. The 170o E. Garry Avenue building (Building A) is located toward the far west end of the parcel and faces California State Highway 55. The 172o E. Garry Avenue building (Building B) is located towards the north end of the parcel and faces E. Garry Avenue. The 174o E. Garry Avenue building (Building C) is located towards the south end of the parcel and faces neighboring property 1021 Duryea Avenue. The buildings measure 230ft x 75ft and are approximately 17,000 sq ft. Surface parking surrounds the property. The subject buildings are of identical construction and have a mostly symmetrical fagade, a rectilinear floorplan, a flat roof, and minimal architectural detail throughout. The buildings feature precast ribbed concrete panel walls, a gray border below the roofline, vertical ribbon windows between horizontal aluminum dividers, evenly spaced recessed entryways with vertical wood -siding painted in gray, wood -framed fixed windows, and flush and paneled doors. Commercial concrete staircases are located on both ends of the buildings. The 1700-174o E. Garry Avenue property does not qualify ford esignation under the Local Register or the CRHR. The property and buildings do not exhibit features that would distinguish them architecturally or artistically, nor are they the work of a notable architect, builder, or designer under CRHR 3 / Local Register 1, 2, 3. No specific information was identified to indicate that the property exemplifies or represents a special element of Santa Ana's history or is connected with a business or use that was once common but is now rare under CRHR 1 and 2 / Local Register 4 and 6. Lastly, further research and analysis of the subject property is unlikely to yield information important to an archaeological site under CRHR 4 / Local Register S. To arrive at these conclusions, Urbana documented and evaluated the property on California Department of Parks and Recreation (DPR) 523 series forms. We researched the property using previous Phase 1 technical studies, the City of Santa Ana Property Information Search, building permit records, city directory listings, historic aerial imagery, newspaper archives, and Urbana's in-house architecture and construction history library. The DPR forms include current photos, a property description, construction history, historical narratives on Santa Ana, suburban office plazas and tilt -up concrete construction, and include assessment under of the Local Register and CRHR criteria. Project Impacts Assessment The 1700-174o E. Gerry Avenue property does not appear eligible for inclusion on the Local Register orthe CRHR. As a result, the property does not qualify as an historical resource under CEQA. Future proposed projects would not cause an impact to historical resources within the Study Area / Area of Potential Impact. Because significant impacts have not been identified, additional mitigation is not recommended. Referto the attached DPR forms for additional property history and please contact the office with any questions or comments. Respectfully Submitted, A Alexia Landa, BA City Council 41 — 153 12/20/2022 URBAN PLANNING • HISTORIC PRESERVATION • HISTORY • ARCHITECTURAL HISTORY Historical Resource Assessment Memorandum 1 1700-1740 E. Garry Avenue, Santa Ana Attn: Konnie Dobreva, EPD Solutions, Inc. Attachments Attachment 1. DPR Forms 1 1700-1740 E. Garry Avenue URBAN CANNING • HISTORIC PRESERVATION • HISTORY • ARCHITECTURAL HISTORY State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Review Code Reviewer Resource Name or #: 1700-1740 E. Garry Avenue Page 1 of 27 Primary # HRI # Trinomial: CRHR Status C Other Listings: Date P1.Other Identifier: 1700 E. Garry Ave, 1720 E. Garry Ave, 1740 E. Garry Ave.; Garry Plaza Offices *P2. Location: ❑ Not for Publication f�f Unrestricted *a. County Orange and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad Tustin; Newport Beach Date 2022 T 5S ; R 9W ; _ ❑ of _ ❑ of Sec Unsectioned; S.B. B.M. c. Address 1700-1740 E. Garry Avenue City Santa Ana Zip 92705 d. UTM: (Give more than one for large and/or linear resources) Zone 11, 420861.79 mE/ 3729744.97 mN e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, decimal degrees, etc., as appropriate) The subject property is sited south of E. Garry Avenue on Block 9, Lot 116 of the 1887 Irvine Subdivision. Identified as Orange County Assessor's Parcel Numbers 430-171-07-00, the property is located towards the southeast end of the City of Santa Ana, California. *P3a. Description: The evaluated property is located on a parcel identified as 430-171-07-00 and consists of three detached commercial -use buildings addressed 1700, 1720, and 1740 E. Garry Avenue. The buildings are sited on an irregular parcel, approximately 5.13 acres, located on the south side of E. Garry Avenue. The surrounding area is composed of light commercial and industrial -use properties, with buildings of similar construction. See Continuation Sheet for additional description. *P3b. Resource Attributes: (List attributes and codes) HP6 Commercial Bldg. *P4. Resources Present: Z Building Z Structure ❑ Object ❑ Site ❑ District ❑ Element of District ❑ Other (Isolates, etc.) P5b. Description of Photo: View of 1720 E. Garry Ave north elevation. *P6. Date Constructed/Age and Source: ❑X-Historic: 1973 Building Permits *P7.Owner and Address: OCTA 1720 E. Garry Ave., CA. 92705 *P8. Recorded by: Alexia Landa, B.A. Urbana Preservation & Planning, LLC www.urbanapreservation.com *P9. Date Recorded: July 2022 *P10. SurveyType: Historical Resource Assessment *P11. Report Citation: (Cite survey report and other sources or enter "none.") None *Attachments: ❑ NONE ❑X Location Map ❑X Continuation Sheet ❑X Building, Structure, and Object Record ❑ Archaeological Record ❑ District Record ❑ Linear Feature Record ❑ Milling Station Record ❑Rock Art Record ❑ Artifact Record ❑ Photograph Record ❑ Other (List): City Council 41 — 155 12/20/2022 DPR 523A (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION Primary # HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Resource Name or #: 1700-1740 E. Garry Avenue Page 2 of 27 CRHR Status Code: 6Z B1. Historic Name: Rodeffer Investments B2. Common Name: 1700-1740 E. Garry Avenue B3.Original Use: Commercial -Use B4. Present Use: Commercial -Use *135. Architectural Style: Tilt -up Concrete Construction *136. Construction History: Construction history is based on property building permits and historic and current aerial photography. In 1973, the subject property was initially improved with the construction of three tilt -up concrete buildings by land developer Rodeffer Investments. In November of 1973, Rodeffer Investments applied for a permit to construct three, two-story buildings (Permit No. 12296). The project was valued at $608,256. Based on historic aerials, the approximately 17,000 sq ft buildings featured a mostly symmetrical fagade with precast ribbed concrete panel walls, a flat roof, and rectilinear floorplan. Over the years, several permits were submitted for electrical, plumbing, and sewer. The only identified alteration made to the exterior of the subject buildings was in 2012. That year a permit was submitted to reroof the existing buildings (Permit #10175124). See Continuation Sheet for a complete list of property building permits. *137. Moved? 9 No ❑ Yes ❑ Unknown Date: Original Location: *B8. Related Features: No related features. 139a. Architect: Not Identified b. Builder: Rodeffer Investments. *1310. Significance: Theme N/A Area N/A Period of Significance N/A PropertyType Commercial Applicable Criteria Local Register/CRHR Ineligible The study area and subject property, 1700-1740 E. Garry Avenue is located on Block 9, Lot 116 of the Irvine Subdivision, and was annexed into the City of Santa Ana in 1968 as part of the Alton and Newport East Annex. Constructed in 1973, the 1700-1740 E. Garry Avenue property does not qualify for designation under the Local Register or the CRHR. The property and buildings do not exhibit features that would distinguish them architecturally or artistically, nor are they the work of a notable architect, builder, or designer under CRHR 3 / Local Register 1, 2, 3. No specific information was identified to indicate that the property exemplifies or represents a special element of Santa Ana's history or is connected with a business or use that was once common but is now rare under CRHR 1 and 2 / Local Register 4 and 6. Lastly, further research and analysis of the subject property is unlikely to yield information important to an archaeological site under CRHR 4 / IF r Local Register 5. See Continuation Sheet for additional information. B11. Additional Resource Attributes: N/A *1312. References: See Continuation Sheet for References B13. Remarks: None *1314. Evaluator: Alexia Landa, B.A. Urbana Preservation & Plannina. LLC *Date of Evaluation: July 2022 (This space reserved for official comments) City Council DPR 523B (9/2013) *Required information State of California -The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# LOCATION MAP Trinomial# Page 3 of 27 *NRHP Status Code: 6Z *Resource Name or # (Assigned by recorder) 1700-1740 E. Garry Avenue *Map Name: Tustin, Newport Beach USGS Quadrangle Maps *Date: 2022 *Scale: 1:24,000 URBANA PRESERVATION & PIANNINCtt 5 "Ile City Council 41 — 157 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial# Resource Name or #: 1700-1740 E. Garry Avenue Page 4 of 27 Site Plan IJMIHAIINU A. 1/VV L. VONIY AVG Building B: 1720 E. Garry Ave Buildi"t9:Parry Ave DPR 523J (9/2013) Project Boundary: 0 41 - 158 12/20/2022 *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 5 of 27 P3a. Description (Continued from page 1) 1700-1740 E. Garry Avenue Current Description Primary# HRI# Trinomial# Built in 1973, the subject property consists of three detached two-story, tilt -up concrete buildings that were constructed by Rodeffer Investments, a company that was established in 1967. The 1700 E. Garry Avenue building (Building A) is located toward the far west end of the parcel and faces California State Highway 55. The 1720 E. Garry Avenue building (Building B) is located towards the north end of the parcel and faces E. Garry Avenue. The 1740 E. Garry Avenue building (Building C) is located towards the south end of the parcel and faces neighboring property 1021 Duryea Avenue. The buildings measure 230ft x 75ft and are approximately 17,000 sq ft. Surface parking surrounds the property. The subject buildings are of similar construction and have a mostly symmetrical fagade, a rectilinear floorplan, a flat roof, and minimal architectural detail throughout. The buildings feature precast ribbed concrete panel walls, a gray border below the roofline, vertical ribbon windows between horizontal aluminum dividers, evenly spaced recessed entryways with vertical wood -siding painted in gray, wood -framed fixed windows, and flush and paneled doors. Commercial concrete staircases are located on both ends of the buildings. Current views of the property are included below and in the following pages. View of the west elevation of the property; 1700 East Garry Ave. City Council 41 — 159 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 6 of 27 Primary# HRI# Trinomial# View of the south elevation of the property; 1700 East Garry Ave. View of the east elevation of the property; 1 /UU East Ciarry Ave. DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 7 of 27 Primary# HRI# Trinomial# View of the north elevation of the property; 1700 East Garry Ave. View of 0""tAation of the property; 1720 East Ga4ry A`la61 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 8 of 27 Primary# HRI# Trinomial# View of the north elevation of the property; 1720 East Garry Ave. View of Ity ounci 41 — 62 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 9 of 27 Primary# HRI# Trinomial# View of the north elevation of the property; 1740 East Garry Ave. View of the east elevation of the orooerty: 1740 East Garry Ave. City Council 41 — 163 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 10 of 27 Primary# HRI# Trinomial# View of the south elevation of the property; 1740 East Garry Ave. View of the west elevation of the property; 1740 East Garry Ave. City Council 41 — 164 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 11 of 27 136. Construction History (Continued from page 2) Table 1. Permit History Primary# HRI# Trinomial# Date Permitted Work Permit Issued to Owner: Rodeffer Investments 11/8/73 Construct Buildings (Permit #12296) Contractor: Self Owner: Rodeffer Investments 12/7/73 Plumbing (Permit #12495) Contractor: Karu Plumbing Co. Owner: Rodeffer Investments 12/13/73 Electric (Permit #2159) Contractor: Not listed Owner: Rodeffer Investments 2/15/74 Sewer (Permit #12955) Contractor: R & R Pipeline Owner: Rodeffer Investments 4/5/74 Plumbing (Permit #13482) Contractor: R & R Pipeline Owner: Rodeffer Investments 5/13/74 Plumbing (Permit #13950) Contractor: Not listed Owner: Rodeffer Investments 7/23/74 Electric (Permit #4174) Contractor: R. E. Foley Electric Install Interior Partitions -Suites 108-111 (Permit # Owner: Rodeffer Investments 6/10/74 14244) Contractor: Not listed Owner: Edwards Laboratory 1/16/78 Plumbing (Permit# 27097) Contractor: Niagara Plumbing Owner: Edwards Laboratory 1/19/78 Plumbing (Permit# 27097) Contractor: Niagara Plumbing Owner: DVM 12/29/82 Burglar Resistant Skylights in Corridor (Permit # 18478) Contractor: RMR Development Owner: DVM 2/3/83 P-Trap (Permit # 40254) Contractor: RMR Development Owner: DVM 2/3/83 P-Trap (Permit # 39564) Contractor: RMR Development Owner: Edward Laboratory 1/12/88 Plumbing (Permit # 27097) Contractor: Niagara Plumbing Owner: Mobile Home Part of America 10/27/88 Install Satellite Dish (Permit #51110) Contractor: Owner Owner: Equitable Garry Plaza Contractor: Y S J Construction & 12/1/12 Alteration Roof Screening (Permit #10175214) Roofing Owner: Equitable Garry Plaza Contractor: Y S J Construction & 5/21/12 Reroof (Permit #10175124) Roofing City Council 41 — 165 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 12 of 27 1310. Significance (Continued from page 2) Historic Overview of Santa Ana Primary# HRI# Trinomial# William Spurgeon, a native of Kentucky, founded the City of Santa Ana in 1869.' Prior to the American Period, which began in 1848 following the signing of the Treaty of Guadalupe Hidalgo and the secession of California from Mexico to the United States, much of what is now Orange County, along with most of Southern California, was held by Mexican families in vast tracts comprised of tens of thousands of acres. In the fall of 1869 Spurgeon and his partner Ward Bradford purchased approximately 74 acres of what once was part of the Rancho Santiago de Santa Ana. The men split their holdings with Spurgeon taking the eastern half where he founded his town. The original plat for Santa Ana was small, but courageous on Spurgeon's part, only twenty- four blocks of approximately ten lots each. At the time Anaheim was the only other community in region. Other towns followed close behind Santa Ana, including the cities of Orange and Tustin, which were founded in 1870. Santa Ana grew slowly at first. Spurgeon worked hard to ensure the success of his town by opening roads and digging wells, and when those no longer proved sufficient, he formed the Semi -Tropic Water Company to extend a canal from Orange to guarantee adequate water supply.z He also opened and operated a general store and post office with his brother at the corner of Fourth and West Streets (now Broadway). Because of Spurgen's efforts other businesses congregated in the area, establishing Fourth Street as the commercial district.' By the late nineteenth century Santa Ana had the appearance of a mid -sized town with many multi- story Victorian style brick buildings. Fourth Street sported several business blocks, banks, hotels and opera house. Santa Ana incorporated as a City in 1886 at the height of the real estate boom sweeping Southern California. Three years later, in 1889, present-day Orange County separated from Los Angeles County, incorporating as a separate municipality. Due to its geographical location at the center of the new county and its large population, Santa Ana was named as the County seat.4 By 1891 three railroad lines had been installed through Santa Ana; the Southern Pacific Railroad, which established Santa Ana as the end of the Orange County Line in 1877; the Santa Fe, which arrived in 1887 running from Los Angeles to San Diego; and the Santa Ana and Newport Railroad in 1891, which ran between Santa Ana and McFadden's Wharf in Newport Beach.' Until the 1940s the economy of Santa Ana, as well as greater Orange County, rested primarily on agriculture. Early on grapes and livestock were the principal products of the region. Chili peppers and Lima beans were later preferred. At the turn of the twentieth century sugar beets, grown for sugar production, had become such a significant crop in the area that Santa Ana was coined the "Sugar City."' Sugar beets were first grown in Orange County in 1891 and were shipped to Chino where the Oxnard brothers had recently opened a processing plant.' Another sugar factory was opened in Los Alamitos in 1897. The year 1908 witnessed the 'Leo J. Friis, Orange County Through Four Centuries (Santa Ana, CA: Friis — Pioneer Press, 1982), 59 and Esther R. Cramer, Keith A. Dixon, Diann Marsh, Phil Brigandi and Clarice A. Blamer, eds. A Hundred Years of Yesterdays (Santa Ana, CA: The Orange County Centennial, Inc., 1988), 176, claim that Spurgeon hailed from Kentucky, while Charles D. Swanner, Santa Ana: A Narrative of Yesterday, 1870 —1910 (Saunder Press, Claremont, CA, 1953), 15, claims he was from Missouri. 2 Pamela Hallan-Gibson, The Golden Promise: An Illustrated History of Orange County (Northridge, CA: Windsor Publications, Inc., 1986), 76. s Swanner, 17. a Cramer, et al.,36-37 and Friis, 96-98. s Hallan-Gibson, 112-113. 6 Cramer, I ��11 �II �II I��//��,rn1!/ �1�� 7 Friis, 10 Yc -gyfl �s as in 1890, however the Chino plant didn't s44 opel0i until 1891, see "Beet SugaY?lE.7Ylh902_2' San Fransisco Chronicle, 12 January 1891 as well as Torsten A. Magnuson, "History of the Beet Sugar Industry in California," Annual Publication of the DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 13 of 27 Primary# HRI# Trinomial# opening of the Southern California Sugar Company, located south of the intersection of Delhi Avenue (now Warner Avenue) and Main Street, in Santa Ana. Four years later, with the backing of James Irvine, another refinery opened in the city - the Santa Ana Cooperative Sugar Company (later subsumed by the Colorado company Holly Sugar). This one sited on Dryer Road approximately one mile east of Main Street.' At the industry's height roughly 70 square miles of southwest Orange County were devoted to beet cultivation with four processing plants responsible for one fifth of the nation's refined sugar.' The beet curly top virus struck the region in 1919. The disease deforms the plant making it unusable for sugar production. The outbreak seriously affected sugar beet crops in the early 1920s, causing a steep decline in production. At the same time tree crops such as apricots, walnuts and citrus replaced beet fields, rapidly becoming the most significant agricultural products for the local economy. By 1930 only one sugar factory in Santa Ana remained operational.10 During the 1920s the Santa Ana region also attracted a significant influx of successful mid -western farmers; many settled on area ranches while others chose the comforts of the smaller subdivisions that sprung up around downtown. The arrival of the Pacific Electric "Red Cars" in 1905 allowed urban development to push out beyond the traditional city center.11 By the 1930s these small suburban tracts pushed further out into the agricultural lands, mostly north and west of the city center. The tendency to locate subdivisions further from established areas was further encouraged by the increasing popularity of the automobile. This trend continued as time progressed and the use of the automobile became more commonplace. Residential construction overtook agriculture as the region's economic engine in the post -World War II era. Returning servicemen flocked to Orange County in search of the American Dream. Developers bought up prime agricultural land, put in streets and infrastructure and then started building houses, hundreds at a time. Massive subdivisions replaced once thriving groves. Freeways encouraged continued growth, each new mile opening up areas that were once relatively inaccessible. The Santa Ana Freeway (Interstate 5) traced its way south from Los Angeles reaching Santa Ana by 1952. Newly completed freeways provided easy access to the metropolitan area, effectively making Orange County a bedroom community of Los Angeles. Countless subdivisions advertised themselves within close proximity to freeways and metropolitan Los Angeles by association. The freeway also encouraged industry to establish itself within the Santa Ana region. Research and high-tech manufacturing companies established a presence in the area because of the abundance of housing, well- educated labor and ready access to open space and recreation, and a connection to metropolitan Los Angeles via the limited access freeways allowed products to be efficiently transported into existing supply chains. The development of additional business caused need for more housing - and the cycle continued.12 Between 1940 and 1960, the population of Orange County jumped from 130,760 to 703, 925 people.13 Historical Society of Southern California Part I Vol. XI (1918): 76-78. The same Oxnard brothers established a sugar refinery and town bearing their name in Ventura County, California. s Magnuson,76-78. 9 Friis, 105 and Steve Emmons, "Sugar Factory in Santa Ana - How Sweet It Was," Los Angeles Times, 31 October 1999. 0 Friis, 105 and Orange County Historical Society, Orange County (Charleston, SC: Arcadia, 2005), 79. Friis, 118. 12 Richard ames 11 NILCHen, Tynuonu y u e pro ? a an Coast.' an iego an IA g ,Cgs, California (Los Ange 9 Wvemmental Research, 1958), 66-67 and Hall biTsdtl? 38. L UU LL 13 Cramer, et al., 55. DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 14 of 27 Primary# HRI# Trinomial# As subdivisions spread across the county shopping centers supplanted the traditional shopping areas like Fourth Street, Santa Ana. The new centers offered much that traditional downtowns shopping districts were missing. They were arranged for the pedestrian, often around a central mall, and stores were separated from car traffic and parking lots. They were also geographically closer to the newly developed suburbs, were conveniently located near freeways and had ample parking. Fashion Square was the first shopping center to open in Santa Ana area in 1958. The Bristol Shopping Center opened soon after, located at Bristol Street and Warner Avenue, in an area experiencing tremendous residential development. Into the contemporary period, in the 1970s and 1980s, Santa Ana, Orange County, and the greater Southern California region experienced an uptick in development of suburban business parks and commercial office parks. A product of the country's post -WWII car culture that emerged in the early 1950s, most of these office complexes were speculative, for -profit endeavors intended to house numerous tenants, both large 'anchor' companies and smaller sole -proprietor businesses offering goods or professional services. In this period, the city annexed surrounding lands including portions of the 1887 Irvine Subdivision that forms the neighboring City of Irvine. Corporate Office Parks and Suburban Business Plazas The Cultural Landscape Foundation defines a corporate office park as a complex of office buildings, often sited on a large tract of land near an arterial highway, outside dense urban concentration. Suburbanization of corporate headquarters evolved in the mid -twentieth century when corporations such as IBM, Weyerhaeuser, Pepsico, and Connecticut General moved their offices out of city centers and closer to the residences of their senior executives. The grounds were arranged as rolling parkland, often utilizing low-rise buildings. The site planning, automobile approaches, visitor entrances, employee parking lots, and service docks all exemplified the functionalism of mid -twentieth century Modernism. These park -like locations often provided settings for the display of corporate collections of large-scale public art, and, in certain cases, display of large-scale products such as the tractors at John Deere. 14 In contrast to these pastoral campuses, suburban business plazas emerged along arterial thoroughfares between highways. In Orange County, at the junction of Tustin, Irvine, and Santa Ana, countless examples are present with many constructed in the 1970s and 1980s in the contemporary period. Many were constructed using tilt -up methods. Tilt -up Concrete Construction The subject property, located on Block 9, Lot 116 of the Irvine Subdivision, was annexed into the City of Santa Ana in 1968 as part of the Alton and Newport East Annex. The purpose of the annexation was to encourage the industrial expansion of the city and as a source of future property tax revenue. The subject property is a commercial / light industrial tilt -up concrete building constructed in 1973. Tilt -Up construction is a method in which concrete wall panels are cast on -site and tilted into place. Thomas Edison, founder of the Portland Cement Company in 1899, explored and later promoted tilt -up concrete construction as early as ca. 1908 with the construction of tilt -up detached single-family homes in Union, New Jersey. The Portland Cement Company supplied concrete and tilt -up molds for projects throughout the United States. Robert Aiken, generally regarded as the father of the tilt -up methodology, began using this method around the turn of the 20th century with the earliest examples being retaining walls at the Camp Logan Rifle Range, in Illinois, and a concrete factory on Aiken's own farm near Zion City, Illinois. Aiken poured the walls flat on a bed of sand, around door and window frames, and then tipped them up onto their foundation. He used the tilt -up method to construct the Memorial Methodist Church in Zion, as well as a two-story ammunition and gun house at Camp Logan. From here, Aiken refined his methods to include a steel tipping table that was used in the construction of 15 buildings in five different states. 14 CulturaCk*961�ElFundation, Corporate Office Park. https:/4v".ttf&rg/category/designed-larla -Zqcorporate- office-park. DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 15 of 27 Primary# HRI# Trinomial# The post-WW II construction boom created a demand for more efficient construction methods, creating inroads for the tilt -up industry. The advent of high -capacity mobile cranes, portable welders (for rebar), custom lifting devices, structural wall bracing, and ready -mix concrete trucks enabled builders to erect tilt -up buildings quickly. Into the 1970s, engineers began developing designs to use tilt -up concrete walls as load - bearing structural elements. The proliferation of microcomputers enabled more sophisticated architectural treatments and complex panel shapes. These methods and systems were employed throughout the United States, including in Southern California where suburban business parks and commercial -office / business centers were constructed in isolated campus settings and along auto corridors radiating through cities between connecting highways. By the 1970s, Tilt -up construction was widely recognized by builders and commercial real estate owners as durable, with less opportunity for leaks, and an efficient construction process, making it the primary method of industrial and commercial buildings constructed in the 1970s and beyond, secondarily resulting in a monotonous horizontal landscape throughout Southern California's commercial -industrial zones. By the mid-1980s the Tilt -Up Concrete Association (TCA) was formed from the Portland Cement Association to provide input to code bodies, develop technical information to meet the needs of the Tilt -Up industry, and promote the benefits of Tilt -Up. Originally led by Executive Director Don Musser, the TCA was originally funded by the Concrete Reinforcing Steel Institute (CRSI) and the National Ready Mixed Concrete Association (NRMCA), with each association also providing organizational supportY In the contemporary period, the most significant examples of cast concrete, tilt -up, and modular construction generally originate from the Brutalist style. From the French phrase ,beton ,brut, meaning "raw concrete," Brutalist architecture peaked in the 1960s and 1970s, but the style began several decades earlier, following World War II as Europe was in a state of rebuilding. The word "brutalism" in relation to architecture was coined in 1950 by Swedish architect Hans Asplund in reference to a home called Villa Goth. The style was designed for function and utilitarianism and was primarily used in social and institutional buildings. Mass- produced tilt -up buildings like 1700-1740 E. Garry represent the basest form of modular construction and are not regarded as examples of Brutalism, sharing only a common material and temporal dimension. Property Ownership History Between 1973 and 1974, the property was under the ownership of the Rodeffer Investments.15 Rodeffer Investments was a local land development company that was founded by Elmer Orion Rodeffer in 1967. During the 1960s and 1990s, the company purchased several investment properties and constructed both commercial and industrial -use buildings throughout the Orange County area.16 They were known for using the tilt -up concrete building method, which offered a fast, efficient, and economical way to build." From their main office in Newport Beach, the company designed custom office condominiums at affordable prices. By the 1980s, as the company expanded they established a partnership with the Hawthorne Development Company." Together they designed and constructed several commercial -use buildings in the Laguna Hills area.19 In 1981, the company was awarded the Construction Industry Award For Engineering Excellence for their work on an unidentified project in Sun City.20 Around this time, Rodeffer Investments served as the starting point for noted architect Mark Singer, who briefly worked at the company following his graduation from California State Los Angeles.21 Singer would go on to become an award -winning architect in Laguna and a fellow of the American Institute of Architect's.22 Over the years, the property was acquired by different s Los Angeles Times, May 2, 1974. 6 Ibid; Las Vegas Review -Journal, March 23, 1997. 17 Ibid. 1s Ibid. 19 The Los Angeles Times, July 12, 1981. 20 Los Ang e i es, 41 — 169 12/20/2022 Los Ang Aii � t ber 28, 2015. zz Mark Singer, Mark Singer Architect: Awards. Website. http://www.marksingerarchitects.com/awards. DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 16 of 27 Primary# HRI# Trinomial# owners and offices were rented by several businesses. During historic research, little substantive information was found on the owners and occupants. Today, the property is under the ownership of the Orange County Transportation Authority and continues to serve as a commercial -use property. Table 2. Partial Property Ownership History Date Owner Source 1973-1974 Rodeffer Investments Building Permit 1978-1988 Edward Laboratory Building Permit 1988 Mobile Home Part of America Building Permit 2012 Equitable Garry Plaza Building Permit 2017-2019 Garry Owners, LLC Phase I Environmental Site Assessment 2021-present Orange County Transportation Authority Orange County Assessor's Office City Council 41 — 170 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 17 of 27 B10. Significance (Continued from page 2): Primary# HRI# Trinomial# Local Register Criterion 1: Buildings, structures or objects with distinguishing characteristics of an architectural style or period, that exemplify a particular architectural style or design features. Under Criterion 1, the buildings do not qualify for listing in the Santa Ana Register of Historic Properties. Built in 1973, the buildings are basic, tilt -up construction, commercial -use structures that do not embody the distinguishing characteristics of an architectural style or period. Like many of the commercial/light industrial -use buildings in the area, the structures have a more utilitarian appearance and rather than attractive were meant to be functional and affordable. As such, the buildings do not exhibit features that would distinguish them architecturally or artistically. For this reason, the buildings are not eligible under Criterion 1. Local Register Criterion 2: Works of notable architects, builders, or designers whose style influenced architectural development. The subject buildings were not identified as the work of a notable architect, builder, or designer. Therefore, the buildings are not eligible under Criterion 2. Local Register Criterion 3: Rare buildings, structures, or objects or original designs. Under Criterion 3, the subject buildings are not considered rare, but rather of common construction that utilized the tilt -up concrete building method. Tilt -up concrete construction was meant to be cost-effective, efficient, and functional, and as such is visible in several commercial and industrial -use properties in the area. The construction method was typically applied to one-story buildings but is not unusual to be used for structures as tall as four stories. For this reason, Urbana opines the 1700-1740 E. Garry Avenue property not eligible under Criterion 3. Local Register Criterion 4: Buildings, structures, objects or sites of historical significance which include places (a) where important events occurred; (b) associated with famous people, original settlers, renowned organizations and businesses; (c) which were originally present when the city was founded; or (d) that served as important centers for political, social, economic, or cultural activity. The 1700-1740 E. Garry Avenue commercial -use buildings do not have an association with events or persons that have made significant contributions to the local, regional, or cultural heritage of California. The buildings were not constructed during the initial development of Santa Ana and the property did not serve as an important center that contributed to the political, social, economic, or cultural activity of the city. The buildings are one of several commercial/ industrial -use buildings that were constructed during the 1970s and 1980s around the peripherals of the city. No specific information was identified to indicate that the property, in and of itself, exemplifies or represents a special element of Santa Ana's history. For this reason, the property is not eligible for designation under Criterion 4. Local Register Criterion 5. Sites of archaeological importance. Local Register Criterion 5 is typically applied to archaeological sites. Research and analysis of the 1700-1740 E. Garry Avenue property is limited to above ground historic resources. Therefore, the property is not eligible under Local Register Criterion 5. Local Register Criterion 6: Buildings or structures that were connected with a business or use which was once common but is now rare. Research rine-, not inrlirate that the su miart prnnarty %niac rnnnartarl with a husinacc nr iica %Aihirh 1was once commoiC*Qotwldare. Therefore, the property is not d4g+bIl-khder Criterion 6. 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 18 of 27 Primary# HRI# Trinomial# CALIFORNIA REGISTER OF HISTORICAL RESOURCES (CRHR) ELIGIBILTY REVIEW CRHR Criterion 1: Association with events that have made a significant contribution to the broad patterns of California's history and cultural heritage. This is equivalent to Local Register Criterion 4 and 6. Research does not indicate that the subject property qualifies for designation under Criterion 1. The subject property is located on Block 9, Lot 116 of the Irvine Subdivision. The property was initially improved in 1973 with the construction of three commercial -use buildings. The buildings were constructed at a time when the City of Santa Ana experienced increased development of suburban business parks and commercial office parks during the 1970s and 1980s. Most of these office complexes were speculative, and for profit endeavors intended to house numerous tenants. To encourage the industrial and commercial expansion around the peripherals of the city, surrounding lands, including portions of the 1887 Irvine Subdivision, were annexed into the city. The subject property is one of many commercial / industrial -use properties constructed in the area during this period. The property does not appear to be individually significant, nor did it make a significant contribution to the broad patterns of California's history and cultural heritage. For this reason, Urbana determined the property is not individually eligible under Criterion 1. CRHR Criterion 2: Association with the lives of persons important in California's past. This is equivalent to Local Register Criterion 4. Research does not indicate that the subject property qualifies for designation under Criterion 2. The 1700-1740 E. Garry Avenue is not associated with the lives of persons important to local or California history. Therefore, the subject property does not qualify under Criterion 2. CRHR Criterion 3: Embodies the distinctive characteristics of a type, period, or method of construction, or represent the work of an important creative individual or possess high artistic values. This is equivalent to Local Register Criterion 1, 2, and 3. Under Criterion 3, the building is not the work of a master and does not possess high artistic values and does not rise to a level beyond the ordinary. For this reason, Urbana determined the property is not individually eligible under Criterion 3. CRHR Criterion 4: Potential to yield information important in prehistory or history. This is equivalent to Local Register Criterion 5. The subject property is not eligible under Criterion 4 as it is unlikely to yield information important in prehistory or history. Integrity Integrity is the ability to physically convey significance. Evaluation of integrity must always be grounded in an understanding of a resource's physical features and how they relate to its significance. To retain historic integrity, a resource will possess several, and usually most of the following seven aspects of integrity: location, materials, design, setting, workmanship, feeling, and association. If it is determined that a resource is eligible for designation because it meets one or more of the adopted designation criteria, the integrity of the resource must be evaluated. Integrity is the ability to convey its significance. Only after the historic significance of the resource is fully established can the issue of integrity be addressed. The 1700-1740 E. Garry Avenue property has not been found by Urbana to be individually eligible for designation under any of the criteria. Further integrity analysis is not merited. City Council 41 — 172 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 19 of 27 *1312. References (Continued from page 2): Primary# HRI# Trinomial# Ancestry.com. A variety of records were accessed online in July 2022 at: http://home.ancestry.com/. These include city directories, voter registration records, military records, and United States Census Data. Bowers Museum. Prequel to the Origin Story.•A Prehistory of Santa Ana's Foundation. Bowers Museum. Website, (November 6, 2019). Accessed July 2022. https://www.bowers.orci/index.php/collection/collection-bloci/prequel-to-the-origin-story-a-prehistory- of-the-santa-ana-s-foundation City of Santa Ana. Building Permits for 1700-1740 E. Garry AVenue. On file at the City of Santa Ana, Building Division. California Office of Historic Preservation. California Register and National Register.•A Copmarison. Technical Assistance Series 6. (1999). Office of Historic Preservation, Sacramento. City of Santa Ana Historic Preservation. Website: (n.d.). Accessed July 2022. https://www.santa-ana.orci/historic-preservation/. County of Orange, OCPWMaps 4. Website: (n.d.). Accessed July 2022. https://www.ocgis.com/ocpw/landrecords/. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Services, US Dept. of the Interior, 1991. Nationwide Environmental Title Research. Historic Aerials. Website, (1999). Accessed July 2022. https://www.historicaerials.com/. Office of Historic Preservation. "Instruction for Recording Historical Resources." Sacramento: March 1995. Reed, A. Roberta. Images ofAmerica: Santa Ana. SC: Arcadia Publishing, 2011. Santa Ana and Orange County Directories, 1905-1931. University of California Santa Barbara Library. Frame Finder. Website (n.d.). Accessed July 2022. https:Hmil.library.ucsb.edu/ap indexes/FrameFinder/. U.S. Department of the Interior. Earth Explorer. Website (n.d.) Accessed July 2022. https:Hearthexplorer.usgs.gov/. City Council 41 — 173 12/20/2022 DPR 523J (9/2013) *Required information State Q California -The Resources Agency P mar # DEPARTMENT OFPARKS AND RECREATION Hms CONTINUATION SHEET TnommW I Resource Name or ■170 q7 0 E. Gary Avenue Page 2 O 2 Assessor Parcel Map 120 ,» . � \§\ « % � \ � / \ . §\% ¥71)a&§ \ Source: assessor's Map Book]a% Count of Orange assessor's Office. City Council 41 —174 12 2U2O22 DP 5 3 m% o m *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 21 of 27 Historic Aerials 41 , rai s 1� F�� �7 7_ +� Primary# HRI# Trinomial# 1972 aerial of the subject property and surrounding area. No structures are visible on the parcel. Source: Earth Explorer City Council DPR 523J (9/2013) 41 — 175 12/20/2022 *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 22 of 27 Primary# HRI# Trinomial# I March 1973 aerial of the evaluated property and surrounding area. No structures are visible on the property. The property was not improved until November of 1973. Source: Frame Finder, UC Santa Barbara Library. City Council 41 — 176 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 23 of 27 Primary# HRI# Trinomial# ! 1 q! "tc• it -- '� '�� '' _ — . F` ~\ akW - '}, �! % IOF l' r L o T 1974 aerial of the evaluated property and the surrounding area. The buildings continue to appear in their original footprint. Source: Frame Finder, UC Santa Barbara Library. City Council 41 — 177 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 24 of 27 Primary# HRI# Trinomial# 2007 aerial of the evaluated property and the surrounding area. The buildings continue to appear in their original footprint. Source: Frame Finder, UC Santa Barbara Library. City Council 41 — 178 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial# Resource Name or #: 1700-1740 E. Garry Avenue Page 25 of 27 Newspaper and Genealogical Database Search Results for Owners and Occupant a5 !4,X.. W1_ y ENFIDENT--Emery R. Nadosdy, project mano- r of new Rodeffer Investments building at New - Center, shows his confidence in lift -slab type ,construction as he kneels beneath 800-tan con- crete slab being raised into position as floor of building's top story, Three upper floors will we 800 tons each, the first, 1,000 tons. Hydraulic equipment raised floor tothis position in two hours. Times photo by Hat Schulz, The subject property was initially improved in 1973 by the Rodeffer Investment Company. The company was known for utilizing the tilt -up concrete method of construction, which offered a fast, efficient, and economical way to build Source: Q4,y.QW jITimes. June 15, 1971. 41 — 179 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 26 of 27 Primary# HRI# Trinomial# Office Condos on Market in Santa Ana Completion is scheduled Friday at Garry Plaza Office Park, 1800-1320 E. Garry St., Santa Ana, a $7.25- million office condominium project which of- fers 34 suites ranging from 412 t❑ 2,- 000 square feet in size. Prices range from $47,000 to $235, - 000 and immediate move -ins are available; some buyers have occupied their premises, according to the developer, Rodeffer Investments. At midweek, 37 suites had been sold. The developer offers financing with down payments of 15% to 25%. Fur- nished and decorated model offices are open daily from 9 a.m. to 5 p.m. In addition to 1700-1740 E. Garry Avenue, Rodeffer Investments also constructed the 1800-1820 E. Garry Avenue buildings located directly east of the property. Source: LosAngeies Times, Feb 10, 1980. City Council 41 — 180 12/20/2022 DPR 523J (9/2013) *Required information State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Resource Name or #: 1700-1740 E. Garry Avenue Page 27 of 27 Primary# HRI# Trinomial# Office Condo Project Opens in Laguna Hills South Pointe I, a $5-million, 30,33S- square- foot joint venture development of Hawthorne Development Co. and Rodeffer Investments of Santa Ana, has opened in Laguna Hills with 36 office condominiums starting at $65,250. Scheduled for completion Aug. 1, the air-conditioned units range in size from 450 to 2,100 square feet. The downstairs larger units each have a private restroom, coffee bars, parquet floor entry and storage area. Marc Dale Engineering and Stewart White Design designed the project, at 23276 South Pointe Drive. During the 1980s, as the company continued to grow, they established a partnership with local building company, Hawthorne Development Co., and constructed several custom commercial -use buildings primarily in the Laguna Hills area. Source: Los Angeles Times, July 12, 1981. City Council 41 — 181 12/20/2022 DPR 523J (9/2013) *Required information Historical Resource Assessment Memorandum 1 1700-1740 E. Garry Avenue, Santa Ana Attn: Konnie Dobreva, EPD Solutions, Inc. Attachments Attachment 2. Preparer Qualifications URBAN CANNING • HISTORIC PRESERVATION • HISTORY • ARCHITECTURAL HISTORY www.urbonapre.ser-vat;on.com PRISERNINN & PLANNING1( Alexia Landa, BA Historian + Archaeologist alexia@urbanapreservation.com Alexia Landa is a Veteran of the United States Navy having served from 2007-2012, including deployments in the Middle East. For the USN, she served as an Aircrew Survival Equipmentman. In this capacity she inspected aircraft and aircrew life-support equipment for evidence of abuse, damage, or malfunction. She holds a Bachelor of Arts (double major) in History and Anthropology from San Diego State University. Prior to joining Urbana, Alexia served as an Archaeological Specialist forthe California Department of Parks and Recreation Southern Service Center where she performed archaeological monitoring and site assessment activities for a variety of project types including State Parkfacility improvements, historic building maintenance, and municipal water and sewer system repair and replacement. She meets The Secretary of the Interior's Historic Preservation Professional Qualifications Standards in the discipline of History. At Urbana Alexia leads field survey and monitoring activities, conducts contextual and site -specific research, prepares historic context statements, and authors technical reports and site records. Ms. Landa's passion for history is demonstrated through her volunteer work with the Museum of Man, the San Diego Museum of Natural History, and as a member of the Board of Directors for the San Diego County Archaeological Society. PROJECT EXPERIENCE In -Progress Glen Canyon National Park Service Post 1955 Housing Survey and MPDF, Page, AZ 2021 351 Watson St. Historic Evaluation; Monterey, CA 2018-2021 Southern California Edison Company Transmission Line Rating Remediation Program, Historic -Era Built Environment Survey Report Ivanpah-Control Project, Inyo, Kern, and San Bernardino Counties, CA 2021 Transmission Line Rating & Remediation Project, Ivanpah Control Line, Archival Research Package, Southern California Edison, Southern CA 2020-2021 Southern California Edison Company Transmission Line Rating Remediation Program, Historic -Era Built Environment Survey Report Eldorado -Pisgah-Lugo Project, San Bernardino County, California and Clark County, Nevada 2021 City of Escondido Delisting and Re-evaluation, 340 Waverly Place, San Diego, CA 2021 City of Monrovia Historia Resource Analysis Report, 213-217 Novice Lane, Monrovia, CA 2021 City of Coronado Determination of Historic Significance, 710 loth Street, Coronado, CA 2021 City of San Diego Historic Property Survey Report, 3167 Market Street, San Diego, CA 2021 Village of Fallbrook DPR Evaluation, 129 S. Vine Street, Fallbrook, CA 2021 City of Coronado Determination of Historic Significance, 202 B Street- 1216 2"d Street, Coronado, CA 2021 City of Coronado Determination of Historic Significance, 136 F Avenue, Coronado, CA 2021 American Silk Factors Mill Historic Resource Analysis Report, 528 N. Mission Road, San Marcos, CA 2021 Irwindale DPR Evaluation, 5265 N 4th Street, Los Angeles, California 2021 East Gilman Channel Mitigation Historic American Engineering Record, To(( free; 18441 URBANA 3 1844) 872-2623 Northern California 248 3rd Street, #841 Oakland, CA 94607 Southern Colifarnia 7705 E1 Cajon 814, # 1 Lo Mesa, CA 91942 Southwesl Region 428 E. Thunderbird Rd., #419 Phoenix, A7 85022 Mountain Region 280 W. Kogy Blvd.. #0-186 Bozeman, Mf59715 Midwest Region 2400 E. Main St, # 103-218 St. Charles, Q 60174 EDUCATION Bachelor of Arts - History and Anthropology School of Arts and Letters, California State University, San Diego PROFESSIONAL EXPERIENCE Historian + Archaeologist: Urbana Preservation & Planning, LLC (San Diego) 2o18 — present Field Archaeologist / Historian: Loveless & Linton, Inc. Cultural Preservation & Archaeology (San Diego) 2017-2019 Archaeological Project Leader: California State Parks, Southern Service Center (San Diego) 2017-present Field Archaeologist: PanGIS, Inc. (San Diego) 2017 Field Archaeologist: Channel Islands National Parks Services (Santa Rosa) 2017 PROFESSIONAL MEMBERSHIPS Society of California Archaeology Board Member: San Diego County Archaeological Society Society of Architectural Historians City Council 41 — 183 URBAN PLANNING • HISTORIC PRESERVATION ■ HISTORY • ARCHITECTURAL HISTORY 12/20/2022 www.urbonapre.ser-vat;on.com PRISERNION & PLANNING1( Alexia Landa, BA Historian + Archaeologist alexia@urbanapreservation.com 2021 Getchell Ranch Historic American Building Survey, 4055 Lytle Creek Road, Fontana, California. 2020 Jurupa Valley Mira Loma Quartermaster Depot Historic Resource Analysis Report, Riverside County, CA 2020 City of Coronado Determination of Historic Significance, 457 E Avenue, Coronado, CA 2020 City of Coronado Determination of Historic Significance, 518 Adella Lane, Coronado, CA 2020 Rancho Miramonte Project Historic Property Survey Report, Chino, CA 2020 City of Coronado Determination of Historic Significance, 800 11t Street, Coronado, CA 2020 City of Coronado Determination of Historic Significance, 610 loth Street, Coronado, CA 2020 Southern California Edison Company Transmission Line Rating Remediation Program, Historic -Era Built Environment Survey Report Kern River to Los Angeles Project, Kern and Los Angeles Counties, California 2020 Even Hewes Highway / Coyote Wash Bridge Historic Property Survey Report, Imperial County, California 2019-2020 Southern California Edison Company Transmission Line Rating Remediation Program, Historic -Era Built Environment Survey Report Control -Silver Peak Transmission Corridor, Inyo and Mono Counties, California 2019 Lindsay Substation and Bliss -Lindsay 66kV Sub -Transmission Line Historic Property Survey Report, Lindsay, CA 2019 Pedley Powerhouse Historic Property Survey Report, Norco, California 2017-2019 Crew Chief / Archaeological Monitor for linear trench utility excavations, - prepared daily reporting, photo documentation, and artifact recordation; facilitate contractor and crew communications. 2017 Site excavation, artifact identification, screening, and lab analysis for ancient paleocoastal site at Santa Rosa Island within Channel Islands National Park 2017-2020 Archaeological Project Leader for California State Parks projects in San Diego, Imperial, Kern, Orange, Los Angeles, Ventura, Santa Barbara, San Luis Obispo Counties. Toff free : (8441 UR6ANA 3 1844) 872-2623 Northern California 248 3rd Street, #841 Ookland, CA 94607 Southern California 7705 E1 Cajon Blvd., # 1 Lo Mesa, CA 91942 Southwest Region 428 E. Thunderbird Rd., #419 Phoenix, AZ 85022 Mountain Region 280 W. Kogy Blvd., #0-186 Bozeman, MT 59775 Midwest Region 2400 E. Main 5t., # 103-218 5t. Chorles, IL 60174 ACTIVITIES $ HONORS SDSU School of Arts and Letters, Dean's List SDSU Anthropology Graduate Students Association Undergraduate Writing Contest,sst Place Winner, 2o16 SDSU Spencer Lee Rogers Alumni Award Nominee, 2017 City Council URBAN PLANNING ■ HISTORIC PRESERVATION ■ HISTORY ■ ARCHITECTURAL HISTORY 41 — 184 12/20/2022 www.urbonapre.ser-vat;orp.com Toll free; 18441 UR6ANA 3 1844) e72-2623 PRISfRMION & PLANNING"{ Northern California 248 3rd Strael, #841 Wendy L. Tinsley Becker, RPH, AICP, Principal Oakland, CA 94607 Architectural Historian + Urban / Preservation Planner Southern California wendy@urbanapreservation.com 7705 E;Cajon Blvd., #1 Lo Mesa, CA 91942 Founding Principal, WendyL. Tinsleyeecker, RPH, AICP, brings an expert background in SoulhwesoRegion American history, architecture, and urban planning, with a particular emphasis on issues 428E. Thunderbird Rd., #419 relating to historic preservation. Her experience includes extensive historical resources Phoenix, AZ85022 survey work, design review under The Secretaryof the Interior's Standards for the Treatment Mountain Region of Historic Properties, single -site historic property research and documentation, and 280W.KogyBlvd,. #0-186 practice in municipal regulatory planning and cultural resources compliance issues Bozeman. MT597T5 including code compliance, revision and review, CEQA, NEPA, and Section 1o6 of the Midwest Region National Historic Preservation Act. As a preservation -planning consultant she participates 2400 E. Main St., #103-218 in the development and administration of local land use regulations, policies, programs and St. Charles, lL 60174 projects; prepares reports involving research and analysis of various planning issues, conducts site -specific project and design review; and facilitates project coordination EDUCATION between contractors, architects, developers, citizens and other stakeholders. Wendy Master of City Planning, meets the Secretary of the Interior's Historic Preservation Professional Qualifications Preservation & Urban Design Emphasis Standards in the disciplines of History and Architectural History and the draft standards San Diego State University established for Historic Preservation and Land Use/Community Planning. She is included on the California Council for the Promotion of History's Register of Professional Historians Bachelor of Arts — History and also maintains professional certification in the American Institute of Certified Planners San Diego State University (AICP). REGISTRATIONS Wendy is a co-author and editor of the AICP Certified Urban Designer Exam Study Guide American Institute of Certified Planners (Vi.o) released in March 2o16. From 2013 forward she has provided professional training (#022838) to AICP exam applicants as part of the American Planning Association California Chapter— Register of Professional Historians San Diego Section annual exam training program. (#612) Wendy has assisted municipalities, utility providers, and lead agencies in preservation EXPERIENCE planning program development and implementation efforts. She regularly consults for 2005-present: Founding Principal private and agency applicants on historical resource and historic property analysis for Urbana Preservation & Planning, LLC p g Y PP� p p Y Y discretionary projects and undertakings pursuant to Section 3.o6 of the National Historic Preservation Act and the California Environmental Quality Act, as well as Federal 2012-present: Faculty Lecturer Rehabilitation Tax Credit proposals at National Register listed or eligible properties, which San Diego State University are subject to review by the State Office of Historic Preservation and the National Park City Planning Graduate Program Service. She was the author / facilitator and lead historic preservation consultant for the City of Chula Vista's award -winning Municipal Preservation Planning Program. She 2oo6-2017: Faculty Instructor authored the Historic Preservation Element for the City of La Mesa's award winning 2011 / University of California, San Diego 203o General Plan update process. She provides survey, architectural history, context Urban Planning & Development Program development, programmatic agreement, and historic preservation planning consulting services for the Southern California Edison Company including preparation of a 2002-2005: Historian / Planner programmatic guide for the treatment of all historic -era properties in the company's Architectural Resources Group 55,000 square mile service territory. She served as the lead Architectural Historian for the City and County of Honolulu High Capacity Transit Corridor Project's Kako'o (Section 1o6 2001-2002: Historian / Planner Programmatic Agreement Program manager) consultant team. Wendy's professional Historic Research Services analysis and determinations are reviewed for compliance and concurrence by numerous municipalities, and state and federal agencies including the California State Office of 2000-2oo1: Historian Historic Preservation, the California Public Utilities Commission, the USDA Forest Service, Office of Marie Burke Lia, Esq. the Bureau of Land Management, and the National Park Service. 1996-1999: Asst. Coordinator + Her current interests include facilitating approvals for brick and mortar construction and Researcher: building rehabilitation projects, and working with community -based organizations that SHPO/CHRIS emphasize public participation while striving forthe improvement of the built environment South Coastal Information Center through good u*by �rc i ectura design an associate socialpro$r�ms185 12/20/2022 URBAN PLANNING • HISTORIC PRESERVATION ■ HISTORY • ARCHITECTURAL HISTORY Wendy L. Tinsley Becker, RPH, AICP, Principal Architectural Historian + Urban / Preservation Planner PKS�RVATION & PLANNING `C PROJECT EXPERIENCE* In -Progress Post Rock Resources of Kansas National Register Nominations; Lincoln, Mitchell, Rush, and Russell Counties, KS. In -Progress USA CESanta Fe Dam Evaluation, Los Angeles, CA. 2021 City of Laguna Beach Preservation 1o1 Workshop — Staff Training, Laguna Beach, CA. 2021 Post Rock Resources of Kansas Survey and MPDF; Lincoln, Mitchell, Rush, and Russell Counties, KS. 2021 Historic Resource Research Report: 3800 University Ave; San Diego, CA. 2021 86o Muender Ave Historic Integrity Memo; Sunnyvale, CA. 2021 Lafayette Hotel Rehabilitation & Tax Credit Consulting; San Diego, CA. 2021 Old Tavern Rehabilitation & Tax Credit Consulting; Sacramento, CA. 2021 Historic Resource Research Report: 4070-72 Georgia Street; San Diego, CA. 2021 Transmission Line Rating & Remediation Project, Ivanpah Control Line, Archival Research Package, Southern California Edison, Southern California. 2021 528 E. Mission Road Historic Resource Analysis Report; San Marcos, CA. 2021 4oSS Lytle Street — Getchell Ranch / The Stone House Historic American Building Record (NABS) Level 11 Documentation, Fontana, CA. 2021 Norco Egg Ranch Historic American Building Record (HABS) Level 11 Documentation, Norco, CA. 2021 East Gilman Channel Historic American Engineering Record (HAER) & Monument Consulting, Banning, CA. 2021 5z65 N. 4th Street Historical Resource Summary; Irwindale, CA. 2021 Historic Resource Analysis Report: 3611 Hyacinth Drive Historic Designation Package, San Diego, CA. 2021 Historic Resource Analysis Report: 2675 Clove Street Historic Designation Package, San Diego, CA. 2021 Historic Resource Analysis Report: 83o1 La Mesa Blvd Historic Assessment; La Mesa, CA. 2021 1033 Pandora Drive Historic Designation; La Mesa, CA. 2021 7345 Remley Place Mills Act Application and Rehabilitation Plan, San Diego, CA. 2021 3629 Front St Mills Act Application and Rehabilitation Plan, San Diego, CA. 2021 Southern California Edison Company Transmission Line Rating and Remediation Program Ivanpah-Control Transmission Corridor, Historic -Era Built Environment Survey Report. 2020 Historic Resource Research Report: Historic Designation & Mills Act Package, 1135 Devonshire Drive, San Diego, CA. 2020 Historic Resource Research Report: Historic Designation Package, 3575 Via Flores, San Diego, CA. 2020 Historic Resource Analysis Report and CA DPR Forms, Archibald and Schaefer RV Park, City of Ontario, CA. 2020 Historic Resource Research Report: Historic Designation & Mills Act Package, 2275 Evergreen Street, San Diego, CA. 2020 Historic Resource Research Report: Historic Designation & Mills Act Package, 9434 Sierra Vista Drive, La Mesa, CA. 2020 Historic Resource Analysis Report: CEQA Evaluation and CA DPR Forms, Mira Loma Quartermaster Depot, Rutan & Tucker, LLP, lurupa Valley, CA. 2020 Historical Resource Evaluation Memorandum & CA DPR Forms, Ontario RV Storage Mitigated Negative Declaration, Ontario, CA. 2020 Historic Resource Research Report: Historic Designation 1610 Santa Barbara Street, San Diego, CA. 2020 Red Fox Room Retroactive Review, JCG Development, San Diego, CA. wendy@urbanapreservation.com BOARDS + COMMITTEES Chair / Immediate Past Chair: American Planning Association National Urban Design & Preservation Division, 04/2012-12/2o16 Founder + Volunteer Executive Director / Ex—Officio Director: Built Environment Education Program (BEEP) San Diego, 2oo8-2015 Education Committee Member: California Preservation Foundation, 04/2012-04/2014 Vice -Chair+ Newsletter Editor: APA National Urban Design & Preservation Division, 01/2010-03/2012 Director & Education Chair: San Diego Architectural Foundation, 11/2oo8- 2011 Appointed Public Member: City of San Diego Historical Resources Board Incentives Subcommittee, o8/2oo8- 02/2010 Advisor/Member— UCSD Extension Advisory Group Urban Planning & Development Certificate Program, 2007 forward Founding President —Jack London District Association, 2005-2oo6 SELECT AWARDS 2o16 - Award of Excellence for Preservation Advancement - City of San Diego Historical Resources Board (recognized for Urbana's preservation planning study forthe San Diego State Normal School Campus & San Diego City Schools Historic District). 2014 - American Planning Association (APA) San Diego Chapter— Planning Agency Award for preparation of La Mesa 203o General Plan. *Historic Preservation Element prepared by WLTB / Urbana. City Council 41 — 186 URBAN PLANNING • HISTORIC PRESERVATION ■ HISTORY • ARCHITECTURAL HISTORY Wendy L. Tinsley Becker, RPH, AICP, Principal Architectural Historian + Urban / Preservation Planner PKS�RVATION & PLANNING "C 2020 Rancho Miramonte Section so6 Evaluation: Historic Property Survey Report, U.S. Army Corps of Engineers, Chino, CA. zozo Historic Resource Technical Report: 2956 Roosevelt Street, Sterling Corporation, Carlsbad, CA. zozo Historic Resource Research Report: Historic Designation & Mills Act Package, 435o Nabal Drive, La Mesa, CA. zozo 463o Date Street Historic Landmark Nomination, La Mesa, CA. zozo Avo Theater Rehabilitation Tax Credit Consulting, JCG Development, Vista, CA. zozo Southern California Edison Company Transmission Line Rating and Remediation Program Kern River to Los Angeles Transmission Corridor, Historic -Era Built Environment Survey Report. 2020 Historic Resource Research Report: Historic Designation & Mills Act Package, 1025 Devonshire Drive, San Diego, CA. 2020 Historic Resource Research Report: Historic Designation & Mills Act Package, "The Muse" 1020 Prospect Street, La Jolla, CA. 2020 Historic District Nomination Package: Culverwell and Taggarts, City of San Diego, CA. 2020 Historic District Nomination Package, Arizona Street Tract, Park Villas Subdivision, City of San Diego, CA. 2020 Historical Resource Analysis Report, Moiola School, Fountain Valley, CA. 2020 Historical Resource Survey, Proposed Merrill Commerce Center Specific Plan, Ontario, CA. 2020 Historic Property Survey Report : Evan Hewes Highway and Bridge Evaluation, Imperial County, CA. 2020 Historical Resource Analysis Report: Historic Designation and Mills Act Application 552 Rushville Street, San Diego, CA. 2019 Historic Context and Preservation Element Historical Resource Analysis Report/ Historic Property Survey Report for Southern California Edison Company Lindsay Substation and Bliss -Lindsay 66kV Sub -Transmission Line. 2019 To Kalon Vineyard / Robert Mondavi Winery Patent Litigation Expert Witness Consulting, Oakville, CA. 2019 Historical Resource Analysis Report, Vic Braden Tennis College, 23333 Ave La Caza, Coto De Caza, CA. 2019 Church of God in Christ Bulletin 58o Package. 2019 Historical Resource Analysis Report, 7407 Alvarado Road, La Mesa, CA. 2019 City of Laguna Beach Preservation Ordinance and Program Consulting. 2019 Historic Resource Research Report and Conditions Consulting, 8445 Avenida de las Ondas, La Jolla, CA. 2019 Southern California Edison Company Transmission Line Rating and Remediation Program Control -Silver Peak Transmission Corridor, Historic - Era Built Environment Survey Report. 2019 Southern California Edison Catalina Island Historic -Era Water System Management Program, Catalina Island, CA. 2019 Historical Resource Analysis Report/Historic Property Survey Report, Southern California Edison Catalina Island Wrigley Pipeline Project, Catalina Island, CA. 2019 Retroactive Historical Resource Research Report, 31st Street, San Diego, CA. 2019 Historical Resource Analysis Report / Historic Property Survey Report Southern California Edison Pedley Powerhouse Complex, Norco, California. 2019 Historical Resource Analysis Report/Historic Property Survey Report Southern California Edison Company Eastern Sierras Transmission System, wendy@urbanapreservation.com RELATED EXPERIENCE Member: County of San Diego Valle de Oro Community Planning Group, 09/2o16 forward Director+ Civic Improvement Chair, Grossmont-Mt. Helix Improvement Association, o8/2oi6 forward Mentor: San Diego State University Aztec Mentor Program, Spring 2o16 Cohort Co -Author/ Editor: AICP Certified Urban Designer Exam Study Guide, Version i.o (released March 2o16) AICP Exam Course Speaker: California Chapter, San Diego Section, (annually) 02/2013-present Retreat Facilitator: Beautiful Pacific Beach, Annual Board of Directors Retreat, (annually) 2o16-present Invited Panel Speaker: Density and Design: The Future of Housing in San Diego, American Planning Association San Diego Section, San Diego, 09/201.7 Invited Speaker: Building Community and Character— Preservation is Place; ssr Annual Historic Preservation Conference Nebraska State Office of Historic Preserva tion, Omaha (NE), o6/2013 Panel Speaker: Preservation Toolkitfor Small Cities, American Planning Association California Chapter Conference, 10/2012 Invited Speaker: Preliminary Findings — The Status of Preservation Planning Regulatory Programs in the San Diego Region - 2012, Association of Environmental Professionals San Diego Chapter September Luncheon, 09/2012 ounry, 41 - 187 URBAN PLANNING • HISTORIC PRESERVATION ■ HISTORY • ARCHITECTURAL HISTORY 12/20/2022 Wendy L. Tinsley Becker, RPH, AICP, Principal Architectural Historian + Urban / Preservation Planner PKS�RVATION & PLANNING "C 2019 Historical Resource Research Report, 3629 Front Street, San Diego, CA. 2019 Programmatic Agreement Among the Bureau of Land Management — California, the USDA Forest Service, Pacific Southwest Region, California Utility Providers, and the California Office of Historic Preservation, Regarding the Identification, Evaluation, Management, and Exemption of Historic -Era Electrical Infrastructure Facilities in the State of California. 2019 City of San Diego Clairemont Community Plan Update, Historic Context and Preservation Element. 2019 Historic Site Report, 10446 Russell Road, La Mesa, CA. 2019 City of Coronado, As -Needed Historic Research Consulting, Coronado, CA. 2019 Historical Resource Research Report, 4250-52 Cleveland Ave, San Diego, CA. 2018 Southern California Edison Company Transmission Line Rating and Remediation Program Control -Silver Peak Transmission Corridor, Historic - Era Built Environment Survey Report — Phase 1 Desk Survey. 2o18 Southern California Edison Company Transmission Line Rating and Remediation Program Control-Haiwee Transmission Corridor, Historic -Era Built Environment Survey Report— Phase 1 Desk Survey. 2oi8 Southern California Edison Company Transmission Line Rating and Remediation Program ICKI Transmission Corridor, Historic -Era Built Environment Survey Report — Phase 1 Desk Survey. 2o18 Southern California Edison Company Transmission Line Rating and Remediation Program Eldorado -Lugo -Pisgah Transmission Corridor, Historic - Era Built Environment Survey Report — Phase 1 Desk Survey. 2o18 City of San Diego Park Boulevard Residential Historic District Historic Context Statement and Nomination Package. 2o18 California Department of General Services, Metropolitan State Hospital Project Historical Resource Analysis Report. 2o18 City of San Juan Capistrano, River Street Marketplace Historical Resource Analysis Report. 2o18 Southern California Edison Company Transmission Line Rating and Remediation Program Kern River to Los Angeles Transmission Corridor, Historic -Era Built Environment Survey Report — Phase 1 Desk Survey. 2017 Historic Site Designation Package, Wexler House 1o88 Sierra Vista Avenue, La Mesa, California. 2017 Nelson -Sloan Otay Rock Plant Property, Chula Vista, California 9191o. 2017 Adams Avenue, Murrieta, California, Tract Map Historical, Cultural, and Paleontological Report. 2017 4 Greenwood Common (Berkeley Landmark No. 125) Mills Act Application Package, Berkeley, CA. 2017 Historical Resource Analysis Report, 1201 S. Grand Avenue, Los Angeles, California. 2017 Design Review Analysis and Historical Resource Research Report, 4884 Marlborough Avenue, San Diego, California. 2017 Historical Resource Analysis Report/Historic Property Survey Report, SCE MacNeil Substation, Burbank, California. 2017 Peer Review Statement, 400 S. Alameda Street, Los Angeles, California. 2017 4617-4619 and 4621-4625 Park Boulevard, San Diego, California, Historical Resource Technical Report. 2017 Historical Resource Research Report, 70717th Street, San Diego, California. 2017 So64 Lotus Street, San Diego, California, Historical Resource Technical Report. 2017 Historical Resource Technical Report, 55o Sicard Street, San Diego, California. City Council 41 — 188 wendy@urbanapreservation.com SELECT AWARDS (CONT.) 2013—American Planning Association National Division Executive Committee Recipient — Division Achievement Award (recognized for professional development webinars on historic preservation, urban design, and development topics developed on behalf of the APA Urban Design & Preservation Division). 2012 - American Association of Environmental Professionals San Diego Chapter— Outstanding Planning Document Award for preparation of the City of Chula Vista Historic Preservation Program & Ordinance. *Historic Preservation Ordinance& Program prepared by WLTB / Urbana. 2012 - American Planning Association National Division Executive Committee Recipient —Education Excellence Award (recognized for education efforts on behalf of the APA Urban Design & Preservation Division). 2011- American Planning Association National Division Executive Committee Recipient Branding Award (recognized for visibility, outreach, and education efforts on behalf of the APA Urban Design & Preservation Division). 2010 Award of Excellence in Education City of San Diego City Planning & Community Investment Department Historical Resources Board (recognized for the Built Environment Education Program developed for the San Diego Architectural Foundation / BEEP San Diego). 2009 - San Diego Public Library Foundation / Friends of the San Diego Public Library 2oo8-2009 Chapter Volunteer Award, University Heights Branch (recognized for preservation planning work at the historic San Diego State Normal College campus). URBAN PLANNING • HISTORIC PRESERVATION ■ HISTORY • ARCHITECTURAL HISTORY Wendy L. Tinsley Becker, RPH, AICP, Principal Architectural Historian + Urban / Preservation Planner PKS�RVATION & PLANNING "C 2017 Historic Landmark Designation Package, 9415-9425 Eldorado Lane, La Mesa, California. 2017 6o35 University Avenue, San Diego, California, Historical Resource Technical Report. 2o16 Expert Witness Consulting, Bernati Ticino Trust v. City of San Diego 2o16 4365-4369 Ohio Street, San Diego, California, Historical Resource Technical Report. 2o16 4505 Park Boulevard, San Diego California, Historical Resource Technical Report. 2o16 Designation and Mills Act Rehabilitation Reporting and Consulting for the Edwin K. Hurlbert House, 2930 Chatsworth Boulevard, San Diego, CA. 2o16 NHPA Section 1o6 Historic Property Analysis and Findings of Effect Statement for the Southern California Yeshiva High School, San Diego, CA. 2o16 Peak Valley Solar Farm CEQA Cultural Resources Analysis (Historical Resources, Cultural Resources, and Paleontological Resources), San Bernardino County, CA. September 2o16 City of Oceanside/Caltrans, Coast Highway (Hill Street) Bridge over the San Luis Rey River Replacement Project Historical Resources Evaluation Report, Oceanside, CA. August 2o16 Historical Resource Technical Report —715 Muirlands Vista Way, La Jolla, CA. June 2o16 Class III Cultural Resources Inventory/NRHP Eligibility Determination, SCE Eldorado SookV Transmission System, California, Arizona, Nevada. June 2o16 Casa de las Flores Property Carriage House/Garage Building, Historical Resource Analysis Report, Chula Vista, CA. May 2o16 Historic American Engineering Record (HAER) No. CA-167-0 — Southern California Edison Company Big Creek Hydroelectric System Vincent 22okV Transmission Line, Kern, Fresno, and Los Angeles Counties. May 2o16 San Diego Gas & Electric Company Eastern Division Property Eligibility Review Memo, El Cajon, CA. March 2oi6 Historical Resource Review-1347-1349 Locust Street, Walnut Creek, CA. March 2o16 City of La Mesa Collier Park NHPA Section 1o6 Review, La Mesa, CA. March 2o16 Redwood Solar Farm 4 CEQA Cultural Resources Analysis (Historical Resources, Cultural Resources, and Paleontological Resources), Kern County, CA. March 2o16 City of La Mesa Vista La Mesa Park NHPA Section 1o6 Review, La Mesa, CA. February 2o16 City of Chula Vista Third Avenue Community Character+ Business Improvement Guidelines. February 2o16 City of San Diego HRB No. 461 /Anderson House, San Diego County Historic Site Designation and Mills Act Rehabilitation Consulting, 3841 Sweetwater Road, Bonita, CA. January 2oi6 Historic American Landscapes Survey(HALS) No. CA-122 — Collier Park, La Mesa, CA. December 2015 Historic American Engineering Record (HAER) No. CA -2138 — Southern California Edison Company Substations: Monumental Type, Santa Barbara, Kern, Fresno, and Los Angeles Counties. December 2015 Pacific Gas & Electric Company South of Palermo Project Historical Resource Analysis Report/ Historic Property Survey Report. November 2015 Historic American Engineering Record (HAER) No. CA-167-N—Amendment to Southern California Edison Company Big Creek Hydroelectric System East & West Transmission Line. November 2o15 Designation and Mills Act Rehabilitation Reporting and Consulting for the Alexander Schreiber Spec House No. 1 / Payne House, 1429 Dale Street, San Diego, CA. wendy@urbanapreservation.com RELATED EXPERIENCE (CONT.) Attendee: National Charrette Institute, Introduction to Dynamic Planning (Level 1 NCI Charrette Manager Certification Training), San Diego (CA) 10/2003 Attendee: CA Preservation Foundation, Incentives for Historic Preservation Projects, Berkeley (CA) 09/2003 Attendee: University of Southern CA, Preservation Planning & Law, Los Angeles (CA) 07/2003 Attendee: League of CA Cities, Smart Growth Zoning Codes, Lodi (CA)12/2002 Invited Participant: Second Natures, Redefining the Los Angeles Riverfront, Los Angeles (CA) 01/2002 (2-Day Planning & Design Charrette hosted by MOCA & The Geffen) Selected Smart Growth Researcher: San Diego State University Foundation & City Planning Graduate Program, Dr. Roger Caves, os/Zoos — o8/2001(Grant Topic: Planning for Sprawl in the U.S) Attendee: Section 1o6 An Introductory Course, National Preservation Institute, San Francisco (CA) 04/1999 COURSES CREATED & TAUGHT BUSA 4o687 - Historic Preservation Planning (UCSD 2oo6-2012) BUSA 40515 - Fundamentals of City Planning (UCSD 2007) BUSA 40748 - Foundations of Urban Planning & The Built Environment (UCSD 2009-2012) BUSA 40749 - Functions & Processes of City Planning (UCSD 2011-2012) ART 40436 - American Architectural History I & II (UCSD 2oo8-2014) CP 670 - History of Urban Planning (SDSU 2012) City Council 41 — 189 URBAN PLANNING • HISTORIC PRESERVATION ■ HISTORY • ARCHITECTURAL HISTORY 12/20/2022 Wendy L. Tinsley Becker, RPH, AICP, Principal Architectural Historian + Urban / Preservation Planner PKS�RVATION & PLANNING "C October 2015 Designation and Mills Act Rehabilitation Reporting and Consulting for the Florence Palmer Spec. House 11 of lll, 35o Fern Glen, San Diego, CA. May 2015 Historic -era Electrical Infrastructure Management Program: A Program for the Identification, Review, Exemption, and Treatment of Generating Facilities, Transmission Lines, Sub -transmission Lines, Distribution Lines, and Substations within the Southern California Edison Company's Service Territory. March 2015 Class 111 Cultural Resources Inventoryfor Southern California Edison's Coolwater-Lugo Transmission Project, San Bernardino County, California — Volume 1: Historic -Era Built Environment Survey Report. 2014-2015 Los Angeles Regional Intercommunications System NHPA Section 1o6 Assessment of 125 sites located throughout Los Angeles County. 2014 Historic Preservation and Urban Planning Expert Witness, Brandon Milan v. City of San Diego, State of California Superior Court Case No. 37-2013- 00067039-CU-EI-CTL. 2013-2014 Historic Preservation and Urban Planning Expert Witness, Edward Valerio v. City of San Diego, U.S.D.C. Case No. 12C1200W (WMC) November 2014 Historic -Era Built Environment Survey Report, NRHP/CRHR Eligibility Evaluations, and Concurrence Consulting for proposed Coolwater Lugo Transmission Project (approx. Zoo built environment sites over 13 segments in the vicinity of Apple Valley, Barstow, and Hesperia, California). November 2014 Herald Examiner Building, 11o1-1139 S. Broadway, Los Angeles, CA, Historic Preservation Certification Application: Part 1— Determination of Eligibility — Draft Submittal. November 2014 Cecil Hotel Building, 640 Main Street, Los Angeles, CA, Historic Preservation Certification Application: Part 1— Determination of Eligibility— Draft Submittal. November 2014 Cecil Hotel Building, 640 Main Street, Los Angeles, CA, City of Los Angeles Historic Cultural Monument Application Package — Draft Submittal. November 2014 Historic -Era Electrical Infrastructure Management Program: A Program for the Identification, Review, Exemption, and Treatment of Generating Facilities, Transmission Lines, Sub -transmission Lines, Distribution Lines, and Substations within the SCE Service Territory. October 2014 Commercial Exchange Building, 416 W. 8th Street, Los Angeles, CA, Historic Preservation Certification Application: Part 2 — Description of Rehabilitation — Draft Submittal. October 2014 NRHP/CRHR Eligibility Review, SCE Lighthipe and Laguna Bell Substations, Long Beach and Commerce, California. October 2014 NRHP/CRHR Eligibility Review, SCE Eagle Rock Substation, Los Angeles, California. October 2014 NRHP/CRHR Eligibility Review, SCE Colton Substation, Colton, California. September 2014 City and County of Honolulu Little Makalapa National Register of Historic Places Nomination Peer Review. September 2014 City and County of Honolulu Big Makalapa National Register of Historic Places Nomination Peer Review. September 2014 Sudberry Properties Strawberry Fields Historic Cultural Landscape Analysis Report, Chula Vista, CA. July 2014 Friday Morning Club Building, 938 S. Figueroa, Los Angeles, CA, Historic Preservation Certification Application: Part 2 — Description of Rehabilitation — Draft Submittal. May 2014 Commercial Club of Southern California Building/Case Hotel Part 2 Determination of Eligibility, Los Angeles, CA. May 2014 City and County of Fresno Tertiary Treatment and Disinfection Facility — wendy@urbanapreservation.com CifV lr&W section sob ana CLUA hisroncai Kesour qAS! URBAN PLANNING • HISTORIC PRESERVATION ■ HISTORY • ARCHITECTURAL HISTORY 12/20/2022 Wendy L. Tinsley Becker, RPH, AICP, Principal Architectural Historian + Urban / Preservation Planner PKS�RVATION & PLANNING "C April 2014 City and County of Honolulu Aloha Stadium Station Project Treatment Plan Peer Review, Honolulu, CA. April 2014 Redwood Solar Farm Historic Property Survey/Historical Resource Report, Kern County, CA. April 2014 4`h@ Broadway EIR Mitigated Negative Declaration — Historical Resource Assessment Report, Los Angeles, CA March 2014 Commercial Club of Southern California Building/Case Hotel Part 1 Determination of Eligibility, Los Angeles, CA. February 2014 Commercial Club of Southern California Building/Case Hotel Historic Cultural Monument Application, Los Angeles, CA. January 2014 156o S. Escondido Boulevard NHPA Section 1o6 Review and Concurrence Consulting. November 2013 Consulting for Two Historic House Relocations to the City of San Diego Development Services Department, Public Works Department, and City Attorney's Office. September 2013 Caltrans Section 1o6 Historic Property and CEQA Historical Resource Survey —Gilbert Street, Santa Ana, CA. October 2013 NHPA Section 1o6 Historic Property and CEQA Historical Resource Survey Report, Proposed Coolwater Lugo Transmission Project. June 2013 Historic Agricultural Landscapes of Visalia and Tulare County electronic book and exhibit— Tulare County Museum of Farm Labor and Agriculture, Visalia, CA January 2013 National Park Service Historic American Engineering Record (HAER) Level 11 Documentation (Large Format Negative Photography & Narrative) — Big Creek Hydroelectric System East & West Transmission Line, Fresno to Los Angeles, CA January 2013 Historical and Architectural Eligibility Evaluation of Delano Substation Complex. October 2012 Historical and Architectural Eligibility Evaluations of the Southern California Edison Company Historic -Era Casitas, Santa Barbara, Carpinteria, Santa Clara, and Goleta Substations October 2012 City and County of San Francisco, 2419-2435 Lombard Street Historical Resource Evaluation Report. 2011-2013 Historic Preservation Expert Witness, Academy of Our Lady of Peace v. City of San Diego, U.S.D.C. Case No. 09CV0962 WQH (MDD) In -process San Diego Municipal Anglers Building Historical Resource Designation Report, San Diego, CA July 2012 National Park Service Historic American Engineering Record (HAER) Level 11 Documentation (Large Format Negative Photography & Narrative) — SCE San Joaquin Cross Valley Loop Project, Visalia, CA June 2012 Historic Structure Report - Casa Peralta, 384 West Estudillo Avenue, San Leandro, CA June 2012 County of San Diego Historic Site Designation Report, John N. Mortenson's Hines Residence, Mt. Helix, CA April 2012 NHPA Section 1o6 Review, Lodi Municipal Stadium, Lodi, CA March 2012 Federal Rehabilitation Certification Application — Part3 Request for Certification of Completed Work— Imig Manor/Lafayette Hotel, 2223 El Cajon Boulevard, San Diego, CA February 2012 National Register of Historic Places Nomination, Imig Manor/Lafayette Hotel, 2223 El Cajon Boulevard, San Diego, CA February 2012 Sequoia National Forest Electric Power Conveyance Systems NRHP Eligibility Evaluations, Tulare County, CA January 2012 NHPA Section 1o6 Review, La Mesa Youth Center, La Mesa, CA wendy@urbanapreservation.com City Council 41 — 191 URBAN PLANNING • HISTORIC PRESERVATION ■ HISTORY • ARCHITECTURAL HISTORY 12/20/2022 Wendy L. Tinsley Becker, RPH, AICP, Principal Architectural Historian + Urban / Preservation Planner PE RVATION & PLANNING «C wendy@urbanapreservation.com December 2011 City of La Mesa 2012 General Plan Update - 2o3o Historic Preservation Element, La Mesa, CA December 2011 Crown City Medical Center EIR Historical Resource Initial Study, Pasadena, CA November 2o11 NHPA Section 1o6 Review, 447o Acacia Avenue, La Mesa, CA September 2o11 Big Creek Hydroelectric System Historic District Vincent 22okV Transmission Line NRHP Eligibility Evaluation and Historic Property Treatment Plan. July 2011 Historic -Era Electric Power Conveyance Systems Programmatic Agreement (SCE, BLM, & CA, NV SHPO) (Context, Typology, Identification, Integrity Qualifications, & Treatment Processes) June 2011 Aesthetic impact Analysis Report, Hollywoodland Historic Rock Retaining Walls, Los Angeles, CA April 2011 Kern River— Los Angeles 6o / 66kV Transmission Line NRHP Eligibility Evaluation, Kern & L.A. Counties December 2oio Historic Structure Report - Linda Vista Federal Defense Housing Project Tenant Activity Building, San Diego, CA October 2010 City of San Diego Redevelopment Agency, Historic Property/Historical Resource Analysis Report of the Linda Vista Federal Defense Housing Project Tenant Activity Building, San Diego, CA November 2olo Historic Designation Report, Burt F, Raynes Residence, 299 Hilltop Drive, Chula Vista, CA August 2010 Southern California Edison Company Tehachapi Renewable Transmission Project Antelope -Vincent No. 1 zzokV Transmission Line NRHP/CRHR Review July 2010 Southern California Edison Company Tehachapi Renewable Transmission Project Rosamond Substation NRHP/CRHR Review, Montebello, California July 2010 Southern California Edison Company Tehachapi Renewable Transmission Project Antelope -Mesa 22okV Transmission Line NRHP/CRHR Review June 2010 Southern California Edison Company Tehachapi Renewable Transmission Project Chino -Mesa 22okV Transmission Line NRHP/CRHR Review June 2010 Southern California Edison Company Tehachapi Renewable Transmission Project Chino Substation NRHP/CRHR Review, Chino, California April 2010 Historical Resource Analysis Report, Hollywoodland Historic Rock Retaining Walls, Los Angeles, CA March 2010 Imig Manor/Lafayette Hotel Part 2 2o% Federal Rehabilitation Tax Credit Application January 2010 CEQA Historical Resource Analysis Report, 2629 National Avenue, San Diego CA December 2009 City of Santa Ana WarnerAvenue Transportation Study Historical Resource Survey, Santa Ana, CA December 2009 Proposed Heidi Square Redevelopment Project— Project Management, Preservation Planning & Subdivision Re -Design Consulting, San Lorenzo, CA November 2009 City of San Diego Redevelopment Agency, Historical Resource Review of 4102-4122 University Avenue, San Diego, CA November 2009 CEQA Historical Resource Analysis Report, 7195 Country Club Drive, La Jolla, CA November 2009 Imig Manor/Lafayette Hotel Part 12o% Federal Rehabilitation Tax Credit Application August 2009 CEQA Historical Resource Analysis Report, 5511 CalumetAvenue, La Jolla, CA August 2009 Preservation Planning Study, Site Development, & Rehabilitation Analysis of the Herman Hotel Carriage House, Chula Vista, CA City Council 41 — 192 12/20/2022 URBAN PLANNING • HISTORIC PRESERVATION ■ HISTORY • ARCHITECTURAL HISTORY Wendy L. Tinsley Becker, RPH, AICP, Principal Architectural Historian + Urban / Preservation Planner PKS�RVATION & PLANNING "C August 2009 Historical Site Designation, Design Review, & Mills Act Property Tax Consulting for the Dennstedt Building Company's Calavo Gardens Queen Avenue Dwelling, Mt. Helix, CA August 2009 CEQA and NHPA Section 1o6 Review of the Nike Missile Defense System - LA - 14/29 Commemorative Site, unincorporated Los Angeles, CA July 2009 Code Compliance & Resource Review, 2341 Irving Avenue, San Diego, CA July 2009 City of Santa Ana Bristol & 1711 Transportation Study Historical Resource Survey, Santa Ana, CA May 2009 Fresno Unified School District Historical Resource Survey of the Proposed M- 4 Site, Fresno, CA May 2009 Section 1o6 Review of Casa Blanca —716 Santa Clara Avenue, Alameda, CA April2009 Design Review Analysis for the 2110 Glenneyre Street Property, Laguna Beach, CA April2009 Section 1o6 Review of the Fairfax Theatre, Oakland, CA March 2009 National Register of Historic Places Documentation & Eligibility Evaluation for the Middle Fork American River Hydroelectric Project, Placer County, California February 2oo9 Historical Resource Analysis Report & Design Review —337 Hawthorne Road, Laguna Beach, CA February 2009 San Diego Normal School Campus Phase I Preservation Planning Study & Historical Resource Survey, San Diego, CA January 2009 Historical Resource Analysis Report, 634 end Avenue, Chula Vista, CA October 2oo8 Pier 29 National Historic Preservation Act Finding of Effects Statement, San Francisco, CA 2007-2oo8 Lead Consultant— City of Chula Vista Historic Preservation Program Development— City of Chula Vista Historic Preservation Program Binder (ordinance, historic inventory database, historical overview statement, incentives, project review process and related permit application and processing forms August 2oo8 Mayor John Gill Residence, Designation, Mills Act & Rehabilitation Consulting, San Leandro, CA July 2oo8 California Portland Cement Company P&H Excavators #3 & #4 Historic Context Statement & California Register Eligibility Review, Mojave, CA July 2oo8 Historic Context Statement— Bean Springs Site, Rosamond, CA June 2oo8 Cultural Resource Report & Regulatory Review, PL-SCE-Tehachapi-1oH, Acton, CA May 2oo8 Historical Resource Documentation & Review, San Diego Aqueduct, San Diego, CA Apri 12oo8 Historic Site Designation & Mills Act Historic Property Tax Consulting for the Goldberg Residence, 4654 Iowa Street, San Diego, CA April 2008 Storefront Improvement/Fagade Revitalization Historical Resource Analysis & Design Review Assistance, 32o1 Adams Avenue, San Diego, CA March 2008 Lombardi Ranch CEQA Review, San Ardo, California February 2oo8 Del -Sur Saugus Mining Complex Historical Resource Review, Grass Valley, CA February 2oo8 Foothill Ranch Historical Resource Review, Palmdale, CA January 2oo8 Section 1o6 Review 1425-1475 South Main Street, Walnut Creek, CA January 2oo8 Historic Site Designation Report & Mills Act Property Tax Consulting - Ocean Beach Cottage Emerging Historic District Contributor, 467o Del Monte Ave., San Diego, CA November 2007 Historic Site Designation & Mills Act Historic Property Tax Consulting for the Olmstead Building Company's Calavo Gardens Project #531, Mt. Helix, CA October 2007 Southern CA Edison Company's Del Sur -Saugus Transmission Line Historical CI sC6(6 �lliew, Lancaster a m a e, 41 - 193 wendy@urbanapreservation.com 12/20/2022 URBAN PLANNING • HISTORIC PRESERVATION ■ HISTORY • ARCHITECTURAL HISTORY Wendy L. Tinsley Becker, RPH, AICP, Principal Architectural Historian + Urban / Preservation Planner PKS�RVATION & PLANNING «C October zoo? Southern CA Edison Company's Antelope Substation Historical Resource Review, Lancaster, CA September zoo? Historical Resource Review& Data Responses for the Proposed SDG&E Orange Grove Energy Project in Pala, CA September zoo? SCE Kaiser Pass Cabin Historic Property Assessment, Fresno Co., CA August zoo? USDA Forest Service Meeks Creeks Bridge Assessment, Lake Tahoe, CA July zoo? Historical Resource Analysis Report, 433 W. Meadow Drive, Palo Alto, CA May zoo? Historic Preservation Assessment & New Project Planning and Design Consulting —3994 Jackda w Street, San Diego (CA) February zoo? 419 Park Way Historical Resource Analysis Report, Chula Vista, CA January zoo? Upper Triangle Areas Historic Property Survey (Historic Context Statement and Architectural/Historical Documentation of So Properties overly City Blocks), Fresno, CA December 2oo6 Historic Site Designation & Mills Act Historic Property Tax Consulting for the Charles Wakefield Cadman Residence, Mt. Helix, CA. November 2oo6 Historical Resource Analysis of the 43o3 Narragansett Avenue Property, San Diego, CA September 2oo6 Section 1o6 Review of the 1333 Balboa Street Property, San Francisco, CA September 2oo6 Section 1o6 Review of the Historic Delta -Mendota Canal, Los Banos, CA August 2oo6 Historical Evaluation Report-2959 EastAvenue, Hayward, CA June 2oo6 Historical Resource Analysis Report: 418-450101h Avenue Properties, San Diego, CA May 2oo6 Section 1o6 Review of the Cocoanut Grove Building — Santa Cruz Beach Boardwalk, Santa Cruz, CA May 2oo6 Historical Resource Evaluation Report for the 7015th Street Warehouse, San Diego, CA Apri 12oo6 Historic Site Designation Report & Mills Act Property Tax Consulting - Ocean Beach Cottage Emerging Historic District Contributor, 4528 Saratoga Avenue, San Diego, CA March 2oo6 City of Fresno Arts -Culture District Historic Property Survey (Historic Context Statement and Architectural/Historical Documentation of go -too Properties over 18 City Blocks), Fresno, CA March 2oo6 South Mossdale Historic -Era House Evaluation, Lathrop, CA February 2oo6 Westwind Barn Historic Preservation Study, Los Altos Hills, CA January 2oo6 Section 1o6 Review of the 2654 Mission Street Property, San Francisco, CA January 2oo6 Section 1o6 Review of the325 Mowry Avenue Property, Fremont, CA 94536 January 2oo6 Section 1o6 Review of Ardenwood 34551 Ardenwood Bouevard, Fremont, CA 94SSS December 2005 Section 1o6 Review of the 123o N Street Property, Sacramento, CA 9SB14 Decem be 2005 Section 1o6 Review of the Sacramento City College Water Tower, Sacramento, CA November 2005 Section 1o6 Review of Fair Oaks Watts, 525 La Sierra Drive, Sacramento, CA November 2005 Napa Valley College Bus Shelter West Historical Resource Analysis Report, Napa, CA October 2005 Section 1o6 Review of the 10253rd Street Property, Sacramento, CA 95818 September 2005 City of Davis, Historic Anderson Bank Building Research, Documentation & Design Review Analysis, 2o3 G Street, Davis, CA September 2oo5 Historical Resource Analysis Report, 1212 & 1214 Second Street, San Rafael, CA wendy@urbanapreservation.com City Council 41 — 194 URBAN PLANNING • HISTORIC PRESERVATION ■ HISTORY • ARCHITECTURAL HISTORY 12/20/2022 Wendy L. Tinsley Becker, RPH, AICP, Principal Architectural Historian + Urban / Preservation Planner PKS�RVATION & PLANNING "C August 2005 Historical Resource Analysis Report — Somky Property/Thompson's Soscol Ranch, Napa, CA 94558 July 2005 Walnut Creek Women's Club Environmental Impact Report, 1224 Lincoln Avenue, Walnut Creek, CA June 2005 Tam Property Lot Split Historic Preservation Consulting, Castro Valley, CA May 2005 Historical Resource Analysis Report, 7329-7331 Eads Avenue, San Diego, CA March 2005 Ehlers Estate Historical Resource Analysis, 3222 Ehlers Lane, St. Helena, CA March 2005 University of CA at Santa Cruz Preservation Consulting (Campus Wide Cultural Resources Inventory, Historic Context Statement — Campus Planning History) February 2005 Hall Winery Historical Resource Analysis, St. Helena, CA January 2005 Historical Resource Evaluation, 700 28th Avenue, San Mateo, CA January 2005 Historical Resource Evaluation, 312 &318 Highland Avenue, San Mateo, CA December 2004 San Mateo Motel Historical Resource Report— Park Bayshore Townhomes — Environmental Impact Report (Revised February 2005) November 2004 Historical Evaluation of the San Mateo Motel, 8o1 South Bayshore Boulevard, San Mateo, CA October 2004 Stonegate Homes Subdivision Plan, and Single -and -Mufti -Family Dwellings Design Review, San Mateo, CA September 2004 University of CA at Santa Cruz, Getty Campus Heritage Grant Application September 2004 City of Riverside Downtown Fire Station No.1 Cultural Resources Analysis, Riverside, CA August 2004 Residential Remodel Design Review— Glazenwood Historic District Contributor, 929 Laurel Avenue, San Mateo, CA August 2004 Odd Fellows Hall, Historic Structure Report, 113 South B Street, San Mateo, CA (with Conservator Seth Bergstein) July 2004 Design Review Analysis—Schneider's Building, 208 East Third Street, San Mateo, CA 94401 July 2004 Embarcadero Cove Development Project Initial Study— Preliminary Historical Resource Analysis, Oakland, CA 946o6 July 2004 Historical Resource Evaluation Report —4830 Cape May Avenue, San Diego, CA 92107 (Revised January 2005) June 2004 City of Monterey Alvarado Street Mixed -Use Project - APE Survey, Monterey, CA June 2004 City and County of San Francisco Historical Resource Evaluation Report 45o Frederick Street, San Francisco, CA 94117 June 2004 Design Review Analysis —117 Clark Drive, San Mateo, CA 94402 May 2004 Historical Evaluation of the 426 Clark Drive Residence, San Mateo, CA 94402 April 2004 City and County of San Francisco Historical Resource Evaluation Report — 1272 42nd Avenue, San Francisco, CA 94122 April 2004 City of Fresno Broadway Row Historical Resource Survey, Fresno, CA March 2004 Historical Evaluation of the 117 Clark Drive Residence, San Mateo, CA 94402 March 2004 Historical Evaluation of The Fresno Republican/McMahan's Building, 2030 Tulare Street, Fresno, CA 93721 February 2004 Crocker Bank Building Preservation Planning Considerations Memorandum January 2004 Historical Evaluation of the Sol Walnut Street Residence, San Carlos, CA 94070 January 2004 Historical Evaluation of the 20 Madison Avenue and 29 HobartAvenue Properties, San Mateo, CA 94402 January 2004 Historical Evaluation of The Residence Located At571 Valley Street, San Francisco, CA January 2004 Historical Evaluation of the3925 loth Street Residence, San Francisco, CA 94131 City Council 41 — 195 wendy@urbanapreservation.com 12/20/2022 URBAN PLANNING • HISTORIC PRESERVATION ■ HISTORY • ARCHITECTURAL HISTORY Wendy L. Tinsley Becker, RPH, AICP, Principal Architectural Historian + Urban / Preservation Planner PKS�RVATION & PLANNING «C November 2003 Historical Evaluation of Commercial Building Located at 1022 El Camino Real, San Carlos, CA November 2003 Peer Review Statementfor the K& T Foods Building, 451 University Avenue, Palo Alto, CA November 2003 Historical Evaluation of the Greer-O'Brine Property, 51 Encina Avenue, Palo Alto, CA, November 2003 Embarcadero Hotel Environmental Impact Report, Historical Resources Analysis and Design Review Statement October 2003 City of San Leandro Historical Resources Survey, Historic Context Statement, Historic Preservation Ordinance, and Draft Historic Preservation Benefits/Incentive Program August 2003 Palm Theater Environmental Impact Report, Historical Resources Analysis July 2003 Historical Evaluation of The First Christian Church Building, 2701 Flores Street, San Mateo, CA 94403 June 2003 Alameda Naval Air Station Reuse Project Historic Preservation Regulatory and Policy Memorandum (Prepared for Alameda Point Community Partners -Master Developer for NAS Alameda) May 2003 Historical Evaluation of The Residence Located At 6o6 Dorchester Road, San Mateo, CA March 2003 Ames Aeronautical Laboratory 4o'x8o'Wind Tunnel National Register Nomination (Prepared for NASA Ames Research Center) March 2003 Ames Aeronautical Laboratory 6'x 6'Supersonic Wind Tunnel National Register Nomination (Prepared for NASA Ames Research Center) March 2003 Ames Aeronautical Laboratory Administration Building National Register Nomination (Prepared for NASA Ames Research Center) March 2003 Historical Evaluation of The Residence Located At 1o15 South Grant Street, San Mateo, CA February 2003 81h & Market, 10 United Nations Plaza, Cell Site Impact Review, San Francisco, CA February 2003 Existing Conditions and Subdivision Design Alternatives for The Proposed Hayman Homes Tract No. 7267, Proctor Road, Castro Valley, CA February 2003 Historical Evaluation of The Residence Located At336 West PoplarAvenue, San Mateo, CA January 2003 Historical Evaluation of The Residence Located At744 Occidental Avenue, San Mateo, CA January 2003 Historical Evaluation of the 131 and 141 West Third Avenue Apartment Buildings, San Mateo, CA December 2002 CA State Capitol Building, Historical Resource Review, Sacramento, CA November 2002 Wireless Antenna Site Review, Medical Arts Building, 2000 Van Ness Avenue, San Francisco, CA October 2002 Historical Evaluation of The LeDucq Winery Estate, 3222 Ehlers Lane, St. Helena, CA 94574 (Revised June 2003) October 2002 Historical Assessment of The St. Patrick's Parish Community Building Located At35853orn Street, San Diego, CA, 92104 September 2002 Historical Assessment of The Building Located At 4257 Third Street, San Diego, CA, April 2002 Historical Assessment of The Building Located At3567 Ray Street, San Diego, CA, October 2001 Historical Assessment of The Gustafson's Furniture Building Located At 2930 El Cajon Boulevard, San Diego, CA, 92104 September 2oo1 Historical Review of Lots A, B, K & L, Block 93, Horton's Addition Lockling, San Diego, CA August 2011 El Cortez Hotel Part - Request for Certification of Completed Work wendy@urbanapreservation.com City Council 41 — 196 URBAN PLANNING • HISTORIC PRESERVATION ■ HISTORY • ARCHITECTURAL HISTORY 12/20/2022 Wendy L. Tinsley Becker, RPH, AICP, Principal Architectural Historian + Urban / Preservation Planner PKS�RVATION & PLANNING "C August zoos Core Inventory of All Sites Appearing to Be More Than 45 Years of Age Not Previously Documented (Prepared For Centre City Development Corporation) August zoos Urbana ProjectAbstract Bibliography (Prepared for Dr. Roger Caves, San Diego State University and San Diego State University Foundation) July Zoos Historical Assessment of The Kirkland Apartments Building Located At 2309 Fifth Avenue, San Diego, CA, 92103 July zoos Historical Assessment of The Building Located At 423o Maryland Street, San Diego, CA, 92103 (With Kathleen A. Crawford) June zoos Historical Assessment of the 2525-2529, 2537-2547, 2561 FirstAvenue Residences, San Diego, CA 92103 May 2001 Update of The November1988 Historic Site Inventory of Centre City East for Centre City Development Corporation (with Scott Moomjian) April 2001 East Village Inventory of All Sites Appearing to Be More Than 45 Years of Age Not Previously Documented (Prepared for Centre City Development Corporation) April 2001 Update of The May 1989 Historic Site Inventory of Bayside for Centre City Development Corporation January 2001 Historic Survey Report of The Former Teledyne -Ryan Aeronautical Complex 2701 North Harbor Drive San Diego, CA 921o1(with Scott Moomjian) January 2001 Historical Assessment of The Fletcher -Salmons Building 602-624 Broadway, San Diego, CA 92101 December 2000 Cultural Resource Report for The Winona Avenue Area Elementary School Preferred Site, Alternative 1 Site, and Alternative z SiteNovember 2000 Cultural Resource Report for The Edison/Hamilton/Parks Area Elementary School Preferred Site and Alternative Sites November 2000 Cultural Resource Report for The Adams/Franklin Area Elementary School Preferred Site and Alternative Site October 2000 The National Register of Historic Places Travel Itinerary; Old Town San Diego August 2000 Cultural Resource Report for The Winona Avenue Area Elementary School Preferred Site and Alternative Sites July 2000 Cultural Resource Report, 52 d Street Area Elementary School Preferred & Alternative Sites, San Diego, CA July 2000 Historical Assessment of the 3658 Warner Street Residence, San Diego, CA 92106 July 2000 Historical Assessment of the 367 Catalina Boulevard Residence, San Diego, CA 92106 July 2000 Historical Assessment of the go6 West Lewis Street Residence, San Diego, CA 92103 May z000 Historical Assessment of the Sol-So3, 507 and Sog 14th Street Residences, San Diego, CA May 2000 The San Diego Flume Company System Redwood Pipeline, San Diego County, CA March 2000 Historical Assessment of The Society for Crippled Children's Hydrotherapy Gymnasium Located at 8S1 South 35th Street, San Diego, CA 92113 *Visit www.urbanapreservation.com for project profiles and additional information. wendy@urbanapreservation.com City Council 41 — 197 URBAN PLANNING • HISTORIC PRESERVATION ■ HISTORY ■ ARCHITECTURAL HISTORY 12/20/2022 Affidavit Regarding Community Meeting I, Brian Leung, declare as follows: This declaration is made on behalf of Greenlaw Partners, pursuant to Santa Ana Municipal Code Section 2-153. I have personal knowledge of the facts set forth below and am able to competently testify thereto. I am available, on behalf of Greenlaw Partners, to answer any questions regarding the matters discussed herein. 2. The community meeting required by Section 1-153 was held by Greenlaw Partners, in compliance with Section 2-153, on July 8, 2021 from 6:00 pm to 7:00 pm in an online virtual environment (Zoom Video). 3. Notice of the meeting was mailed to all property owners, and at least one occupant per dwelling unit having a valid United States Postal Service address within a 500-foot radius of the project site, on June 28, 2021. 4. Due to the COVID-19 Pandemic and restrictions to in person gatherings, the community meeting was hosted online via Zoom. No physical notice posting at the project site was required by the City. 5. Notice of the meeting was published in the Orange County Reporter, a newspaper of general circulation within the City of Santa Ana, on July 7, 2021. 6. Meeting minutes were prepared by Kimley-Horn that provide an accurate description and summary of the meeting. 7. The meeting was conducted in an open house format, but began with opening remarks from the developer, as well as a question and answer session. A true and correct copy of the video of the opening remarks, including questions from the public and answers thereto were shared with the City of Santa Ana Staff Planner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this date of July 13, 2021, at Orange, California. Brain Leung City Council 41 — 198 12/20/2022 Kimley»>Horn Virtual Sunshine Neighborhood Community Meeting 1700 Garry Avenue Light Industrial Development Project Held Thursday July 8, 2021 at 6 PM (via Zoom) Hosted by: Greenlaw Partners, AO (Architects Orange), and Kimley-Horn and Associates In compliance with the Sunshine Ordinance, a community meeting was held virtually on July 8t" 2021 from 6:00 pm — 7:00 pm. Representatives from the Developer were as follows: • Derek Meddings (Greenlaw Partners) • Rob Mitchell (Greenlaw Partners) • Steve Przybylowski (AO) Representatives from the City of Santa Ana: • Ali Pezeshkpour (assigned Case Planner) Representatives of the Community: • Tim Rushmore • David Sahban • David • Scott • Garry Plaza Office Park • Pat Regan • Brian Leung (Kimley-Horn) • Nick Chen (Kimley-Horn) • Kiana Graham (Kimley-Horn) • Fabiola Melicher • Maggie • J • JB • Thomas E Bradfield Eleven members of the community attended the virtual meeting. Kimley Horn waited for additional members of the community to log into the virtual meeting before starting the presentation. The representative from AO presented an overview of the project. Several questions were written into the chat box and asked verbally during the comments and questions portion. These questions are documented below. No additional members of the community attended the event. All representatives from the City and Developer team stayed on the virtual meeting with the attendees until 7 pm. Community Questions and Comments 1. Chat Question: What is the timeline for evicting current tenants and demolishing the buildings? kirn!e,,1-h 1100 W Town and Country Road I S,ita 700,,),-ange, CA 92868 1 714 g3P '030 Kimley»>Horn Page 2 Verbal Response: There is no set timeline as of now, we are still in the application process with the City. Once we have gotten the approvals, which we estimate to be about six months from now, we will look at setting some dates and timelines. 2. Chat Question: How many trucks a day? Verbal Response: Since there are currently no tenants for the building as of now and we are still going through with our approvals to spec build the building, we don't know the what the hours of operation are and what they might entail until we get a tenant in the building. 3. Chat Question: San Clemente facility similar size 11 per day not 2 Verbal Response: This is about an Amazon site that Greenlaw is involved with in San Clemente. This project is not an Amazon location and Amazon will not be a tenant. Verbal Comments and Discussion: Participant comment about if this is a similar size facility, wouldn't the truck frequency match that of the Amazon location. Verbal Response: Rob of Greenlaw responded that this is not an Amazon project, nor affiliated with a sub -contractor of Amazon. They do not know who the tenant will be and have no prospects at the time of this meeting. Verbal Comments and Discussion: Participant comment about the location of the pin on the flyer and possible exclusion of nearby tenants due to the pin being to the right and not in the center. Verbal Response: The developer's response is that they are willing to set up any future calls or meetings for anyone who may have been missed in proximity due to the pin location on the flyer. The developer was not aware of how the pin was placed on the flyer or any details about the pin. Verbal Comments and Discussion: Discussion about the orientation and location of the docks for the trucks in the proposed development. Verbal Response: The developer explained the reasoning behind the location of the docks and their consideration of the views of the freeway. Verbal Comments and Discussion: Community participant had concerns about trucks on the nearby streets. Community participant concern about the zone change from office to light industrial, specifically concerns about the easement in place. Kimley»>Horn Page 3 Verbal Response: The developer explained that the plan was always to tear down the building. Originally the plan was to put in residential units, but due to the change in market, the developer moved to light industrial. Community participant is opposed to the construction of light development and would like other uses to be explored. Greenlaw has another meeting set with the commenters to discuss further. 4. Chat Question: What hours will the trucks be arriving at the site? Response: This was discussed in the above question regarding how many trucks per day. There is no tenant identified yet, therefore the Developer cannot speculate on hours of operation. 5. Chat Question: Is Kimley Horn preparing the CEQA? Verbal Response: Ali, the planner responsible for reviewing this project responded that no, Kimley-Horn would not be preparing the environmental documents for the project. The City will hire its own consultant to prepare the environmental documentation that is required. The developer will pay for the City's time and reimburse them for it, but the environmental document will be prepared by someone independent of the developer. Question during discussion asking Ali if he plans to stay on this project, to which Ali responds that he has no intent to leave the City. 6. Chat Question: When will this project start? Verbal Response: The project will not start until city approval, which is at least 6 months. At least a year out from starting construction. 7. Chat Question: How many trucks will be parking on the street, could the trucks arrive on Alton? Verbal Response: The developer responded and said they are unsure of what the truck routes are at this time. They have started the process of conducting a traffic study, but it is not complete and so they cannot answer that question right now. 8. Chat Question: Will the tenants be notified with enough amicable time of move out? Verbal Response: The tenants will be notified once the City gives their approval for the project, which is probably six months out. The developer has been in contact with the tenants and are trying to give ample notice. 9. Chat Question: Does the widening of the 55-freeway project impact your project? Kimley»>Horn Verbal Response: No, this was already taken into account in the project's plans. 10. Chat Question: How long does the environmental phase typically take for projects like this? Verbal Response: Environmental documentation depends on the type of documentation required for the project. The City will determine what environmental documents are needed. If a Negative Declaration or Mitigated Negative Declaration is needed, the process should take a few months. If an Environmental Impact Report was needed the process is expected to take an additional six to nine months. 11. Verbal Question: Will you do any extensive traffic studies to address nearby streets backing up? Verbal Response: There are intensive traffic studies underway. The use that we are proposing is less trips than the current use and therefore will create less traffic. The traffic studies will be available once they are completed. 12. Verbal Question: How are you going to have less trips? Verbal Response: Less people (working at the project site location) will create less trips. 13. Verbal Question: How many dock doors do you expect? Verbal Response: There are 11 dock positions. 14. Verbal Question: Are you going to allow shipping containers on the property? Verbal Response: Currently there is no provision for trailer storage. 15. Verbal Question: Is it going to become a tow yard? Verbal Response: It is not the intent that this development becomes a tow yard, it is supposed to be light industrial. 16. Verbal Question: Is there a way to get a copy of this presentation? Verbal Response: Yes, this is being recorded and will be available on the project website. Kimley»>Horn Radius notification letters: Notice mailers were distributed to nearby property owners within a 500-foot radius. Several letters were returned to the development team for several reasons, including addresses to vacant tenant offices and letters returned to sender that were unable to be forwarded. See attached Table 1 and Table 2 for complete list of returned notices. Kimley»>Horn Page 6 List of Notices Returned to Sender — Vacant Mailing Mailing Parcel First Owner Mailing Address Address Address Use Code Number Full Name City/State Zip NKMAX 430- AMERICA 10 PASTEUR IRVINE CA 92618 IMSC 191-12 INC 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 102 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 104 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 114 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 115 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 116 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 207 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 208 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 209 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 210 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 211 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 212 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 215 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 220 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 225 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 228 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 236 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 103 MISCELLANEOUS Kimley»>Horn Page 7 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 113 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 116 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 201 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 202 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 203 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 204 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 207 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 208 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 209 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 211 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 212 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 213 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 216 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 220 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 222 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 223 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 224 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 228 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 232 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 233 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 114 MISCELLANEOUS Kimley»>Horn Page 8 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 118 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 120 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 203 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 205 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 210 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 215 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 216 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 217 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 222 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 226 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 227 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 230 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 233 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 234 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 235 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 236 MISCELLANEOUS 430- 2933 PULLMAN COMMERCIAL OCCUPANT SANTA ANA CA 92705 173-04 ST MISCELLANEOUS 430- 2923 PULLMAN COMMERCIAL OCCUPANT SANTA ANA CA 92705 173-10 ST MISCELLANEOUS 430- 2938 DAIMLER COMMERCIAL OCCUPANT SANTA ANA CA 92705 173-16 ST MISCELLANEOUS 430- 2952 DAIMLER COMMERCIAL OCCUPANT SANTA ANA CA 92705 173-18 ST MISCELLANEOUS 930-01- 1800 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 411 AVE 111 MISCELLANEOUS Kimley»>Horn Page 9 930-01- 1800 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 420 AVE 202 MISCELLANEOUS 930-01- 1800 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 429 AVE 211 MISCELLANEOUS 930-01- 1800 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 437 AVE 219 MISCELLANEOUS 930-01- 1820 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 445 AVE 103A MISCELLANEOUS 930-01- 1820 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 446 AVE 104A MISCELLANEOUS 930-01- 1820 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 447 AVE 105A MISCELLANEOUS 930-01- 1820 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 461 AVE 201D MISCELLANEOUS 930-01- 1820 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 481 AVE 221D MISCELLANEOUS 4100 411- HW-DYER NEWPORT MACARTHUR 92660 IMSC 142-13 LLC BEACH CA BLVD 310 List of Notices Returned to Sender — Unclaimed Mailing Parcel First Owner Mailing MailingMailing Use Code Number Full Name Address Address Zip City/State 1800 E 930-01- COMMERCIAL OCCUPANT GARRY SANTA ANA CA 92705 417 MISCELLANEOUS PAVE 430-173- 1801 E COMMERCIAL OCCUPANT SANTA ANA CA 92705 21 GARRY AVE MISCELLANEOUS 430-191- 3009 INDUSTRIAL OCCUPANT SANTA ANA CA 92705 13 DAIMLER ST MISCELLANEOUS 1800 E 930-01- COMMERCIAL OCCUPANT GARRY AVE SANTA ANA CA 92705 412 MISCELLANEOUS 2 1800 E 930-01- COMMERCIAL OCCUPANT GARRY SANTA ANA CA 92705 414 MISCELLANEOUS PAVE REGAN 1800 E 930-01- DISTRIBUTORS GARRY AVE SANTA ANA CA 92705 CMSC 405 INC 105 Kimley»>Horn Page 10 List of Notices Returned to Sender — Not Known Mailing Mailing Parcel First Owner Full Mailing Address Address Use Code Number Name Address City/State Zip 1835 930-01- COSTA MESA MELINDA WELLS NEWPORT 92627 CMSC 446 CA BLVD A109 1212 N 930-01- GARRY SANTA ANA BROADWAY 92701 CMSC 470 INVESTMENTS LLC CA 204 INDUSTRIAL 411- 2907 S TECH SANTA ANA OCCUPANT 92705 MISCELLANEOU 142-04 CENTER DR CA S INDUSTRIAL 411- 2909 S TECH SANTA ANA OCCUPANT 92705 MISCELLANEOU 142-09 CENTER DR CA S ORANGE CNTY 430- 1720E SANTA ANA TRANSPORTATION 92705 CMSC 171-07 GARRY AVE CA AUT 411- ORANGE COUNTY 300 N FLOWER SANTA ANA 92703 MGOV 141-05 FLOOD ST CA 411- 2923STECH SANTA ANA YEUNG 92705 IMSC 142-05 CENTER DR CA 1100 6ARRY A SIGHT INDUST FVF[OPMFN Thursday July 8, 2021, at 6 PM Virtual Sunshine Neighborhood Community Meeting Hosted by: Greenlaw Partners, AO (Architects Orange), and Kimley-Horn and Associates -Project Background -Existing Conditions -Proposed Project -Next Steps -Q/A City Council 41 — 210 12/20/2022 PROJECT BACKGROUND City Council 41 — 211 12/20/2022 Citv Council 41 — 212 EGIONAL ONTEXT 12/20/2022 ? ' \ r �• r — ,PI. � �. gip- 'e ..� '�� f �t Not to Scale LOCAL CONTEXT City Council 41 — 213 12/20/2022 EXISTING CONDITIONS City Council 41 — 214 12/20/2022 EXISTING CONDITIONS Address:1700 Garry Avenue APN: 430-171-07 5.13-acre site 3 separate, two-story office park buildings Approximately 53,000 building SF Primarily surface parking Typical ornamental landscaping City Council Aerial View from South 12/20/2022 EXISTING CONDITIONS- ON THE GROUND VIEW I W_ ! View from Garry Avenue, looking south toward '' existing office buildings •3. 1 City Council 41 — 216 12/20/2022 EXISTING CONDITIONS- ON THE GROUND VIEW View within parking lot, looking west toward the 1740 Garry Avenue Building City Council 41 — 217 12/20/2022 EXISTING CONDITIONS - ON THE GROUND VIEW View within parking lot, looking north toward Garry Avenue. SR-55 on the west City Council 41 — 218 12/20/2022 EXISTING CONDITIONS - ON THE GROUND VIEW Internal site view from parking lot, looking north toward 1700 Garry Avenue building City Council 41 — 219 12/20/2022 EXISTING CONDITIONS - ON THE GROUND VIEW View from SR-55, looking east toward project site City Council 41 — 22 12/20/2022 PROPOSED PROJECT City Council 41 — 221 12/20/2022 PROPOSED PROJECT One light industrial flex building with demising wall for online e-commerce "last mile" deliveries Hours of operation —24 hours a day, 7days a week Most deliveries to occur during the day User A and User B = 93,900 total building SF User A— 5,000 SF office space and 37,900 SF warehouse User B— 5,000 SF office space and 46,000 SF warehouse City Council GARRY AVENUE _---,--.'7..-. USER D'!� 40AOOSF ,5005Po 421 60tSF III 18,4025F+1- I I �5.�0+00�SF= MADE LLJ 140 STALLS (t5l1000) / LL f F.A,f , = 42.9% LL L 0 3'I \ \ TYP II USER 8709Fi 16005F= — B' 51„04D5F - LLJ Z 16 fanlvr i,r7__ 0 g 1 ro OFFICE ameu '\ — - W 5 / DtGrp59nm Aomain N43°41'SGW 7ttI.0T ALTON PARKWAY (FUTURE) 12/20/2022 ENTITLEMENTS General Plan Amendment: Professional and Administrative Office (PAO) to Industrial Zone Change: Professional to M1(Light Industrial) Development Project Review City Council )! rl �•l GARRY AVENUE i !\ I _ _ • __N19'273TMJ 329,54 i\ OFFICE I'F --------- -- \ &ME71. N a ' . bpgF.2.5W5F= u LISFR W ' _ nP, A aoe LO — {.A: 18,4025E+I Q Ii 88,90 5E+5,000SF- v; \ \ LU \ } -- 140 STALLS (1.50006` Li f iq FA,f,=42.9% LL , II -------' o 8.500.5E+25005F= 51,OODSF -_ j .._ 7 : 1.273 Et19 I f 0 'I 11 \ IL__BUEZZ OFFICE • \ n 771 L__ --yed^q,'SOW — BD.pp ��. EMekg Sgnm Apm®n - --- V — - _ _ ALTON PARKWAY (FUTURE) 12/20/2022 ., == ■I IrE �: �. ENEMIES RIM Ilmommill ■I I' ..�1 _ MATERIAL BOARD City Council 5. ASURIA SOLOBAN 46 (31 1. SOWN WILLIAMS 2. SHERWIN WILLIAMS 5W 6450 5W 7637 EASY GREEN OYSTER WHTE $.SHERWIN WILLLkMS SW 7757 HIGH REFLECTIVE WHITE (METAL PAIK 3. $HEkWIN WRLIAMS d. SHERWIN WILLIAMS 5W 6162 5W 7018 ANCIENT MARBLE 00VETAIL 12/20/2022 SCREEN WALL ELEVATIONS PARTIAL PLAN ... rn�vmecwu I � e 1. SCREEN WALL ELEVATION PARTIAL PLAN PARTIAL PLAN 149'-0" 68'-8" , m,�sov,x nE w,.—rrloaar�ws r,roEEca�rxs —r�ru auvxcee� NEW- 2. SCREEN WALL ELEVATION 4. SCREEN WALL ELEVATION �.W 4 PARTIAL PLAN L vqp7l- IrI 3 2 m b 3. SCREEN WALL ELEVATION = 4 KEY PLAN City Council 12/20/2022 4w Landscape Plans I City Council -i w --0 1-0 GARRYAVENUf FOR ENLARGEMENT 'A SEE SHEET L2 L PROPOSED BUILDING I LL E! LLI LU E LL 1 0 E! 0 E. 4,T L-1 PROPOSED BUILDING 2 ttr< II rA I FOR I 3E: SH::- -Z' !L a 44 F e Q 0 ALTON �ARKWAYFLM) 0-/ LEGEND 0 SIDEWALK 0 ACCESSIBLE RAMP 0 LOADING ZONE 0 PARKING TREES -- --- --- 0 SCREEN TREES 0 0 DROJGHTTOLERANTPLWNG 10 TRASH ENCLOSURE 0 TRANSFORMER 0 T 9 METAL FENCE & CATE DECORATIVE SCREEN WALL EASEMENTLINE NEWPROPERTYLIKE Ff EXISTING MONUMENTSIGN 0 VINE PLANTING 71 a. Plant Schedule, Hardscapes, and Site Furnishings SITE FURNISHINGS BIKE RACK MO DEL: EMERSON BIKE RACK MFG: LANDSCAPE FORMS COLOR! FINISH. SILVER POWDER COAT HARDSCAPE I 1 P ❑ cx—Y ca—REreeam— NA -- LDI5H MEDIIM BPDDM ■ '.'_'= �■ CIX VISGMtNs City C Cif ❑� F—H FEDESULYEIIAWRPNIHG PFVERS 41 - 229 .w wuw� Na mru� �uuA�m..�w..mcNwu� Kativ:x 11fE11dM1 Irli✓r111r1�01f1 ... Ir11�WIMbM IIWI4�C IID111C 4M NIpr INVh�.'. E 12/20/2022 NEXT STEPS City Council 41 — 230 12/20/2022 NEXT STEPS City Council 41 — 231 • City reviews Development Review Application and plans • Environmental Review under CEQA required • Future Public Noticing and Public Hearings • Approvals and Permitting Process • Construction anticipated 2023 12/20/2022 Comments and Questions? City Council 41 — 232 12/20/2022 Contact Information DEREK MEDDINGS - (949) 309-1322 GREENLAW PARTNERS City Council 12/20/2022 ORANGE COUNTY REPORTER --SINCE 1921-- Mailing Address: 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com Kiana Graham KIMLEY HORN 1100 W TOWN AND COUNTRY ROAD,700 ORANGE, CA 92868 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 1700 Garry Ave_Flyer To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 07/07/2021 An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Daily Journal Corporation Serving your legal advertising needs throughout California ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 272-4747 ui OR# 3488629 I IIIIIII IIIIII III1111 IIII11 IIIIIII II1111 IIIII III11 IIII 41 - 234 0 5 7 6 5 2 9 7* 12/20/2022 Parcel Number First Owner Full Name #10701 6/28/2021 430-171-07 ORANGE CNTY TRANSPORTATION AUT 411-141-05 ORANGE COUNTY FLOOD 411-141-06 WAN CHAN 411-142-02 WINCHESTER EQUITY GROUP LLC 411-142-03 CHUCK WU 411-142-04 WINCHESTER EQUITY GROUP LLC 411-142-05 YEUNG 411-142-06 YEUNG 411-142-07 2919 TECH CENTER DRIVE LLC 411-142-08 ANTHONY M CARLINI 411-142-09 DALEO ENTERPRISES 411-142-10 WOJCIECH SMOLENSKI 411-142-11 KSDG LLC 411-142-12 FRZ CORP INC 411-142-13 HW-DYER LLC 411-152-09 FIRST INDUSTRIAL PROPERTIES LLC 430-112-06 GAGOS PROPERTIES LTD 430-112-07 SIXTH & VERMONT INVESTMENT CO LL 430-114-06 EDWARDS LIFESCIENCES LLC 430-114-07 17072 DAIMLER LLC 430-115-01, 03 JOHN WASHER 430-115-02 IRVINE RANCH WATER DISTRICT 430-115-04 JUNE EKLUND 430-115-05 RJV & ASSOCIATES LLC 430-171-05 DUPLO U S A CORP 430-171-07 ORANGE CNTY TRANSPORTATION AUT 430-173-02 OPEN DOORS WITH BROTHER ANDREW 1 430-173-04 MAM PROPERTIES LLC 430-173-05 WOODLEY BUSINESS PROPERTIES LLC 430-173-06 ALBERT HANNA 430-173-07 MAM PROPERTIES LLC 430-173-10 ACCORD HOLDINGS LLC 430-173-11 SCOTT A LISSOY 430-173-15 CGMC LLC 430-173-16 FREDERICK M MYERS 430-173-17, 18 DAHL TAYLOR & ASSOCIATES CONSTRU 430-173-19 TRITON PROPERTIES LLC 430-173-20 GRANITE PROPERTIES LLC 430-173-21 LISSOY SCOTT A THE LISSOY FAMILY 430-173-22 1751 EAST GARRY LLC 430-191-12 NKMAX AMERICA INC City Council 41 — 235 12/20/2022 430-191-13 EDWARDS LIFESCIENCES LLC 930-01-401, 402, 403, 404, 409 JACK STEVENS 930-01-405 REGAN DISTRIBUTORS INC 930-01-406 REGAN DISTRIBUTORS INC 930-01-407 THOMAS LINDAHL 930-01-408 TRUSTAT SAFETY & HEALTH SOURCE L 930-01-410 1800 E GARRY AVE LLC 930-01-411 REGAN DISTRIBUTORS INC 930-01-412, 464 PACIFIC LOAN SOLUTIONS LLC 930-01-413, 414, 415, 416 JACK STEVENS 930-01-417, 429, 432, 478, 481 WM STEVENS 930-01-418, 419, 420, 421, 422 JACK STEVENS 930-01-423 DAVID KUHN 930-01-424 FLAGSTONE PROPERTIES LLC 930-01-425, 427, 431, 433 - 438 JACK STEVENS 930-01-426 OCEANLINK SHIPPING LOGISTICS 930-01-428 EHAB S SOLIMAN 930-01-430 ULADZISLAU KANDYBOVICH 930-01-439 CHRISTOPHER TRENT 930-01-440, 441, 442 JACK STEVENS 930-01-443, 444, 445 DAVID C RUSHMORE 930-01-446 MELINDA WELLS 930-01-447 - 453 JACK STEVENS 930-01-454 RAYMOND S LEE 930-01-455, 456, 457, 458, 466 JACK STEVENS 930-01-459, 472 PARISA MOGHADDAM 930-01-460 KHA INVESTMENTS LLC 930-01-461 KEYSTONE EQUITY GROUP INC 930-01-462 AJJA INVESTMENTS LLC 930-01-463, 465 GREWALL LLC 930-01-467 RUSSAMEL INVESTMENTS 930-01-468 RAY NAG H I BI 930-01-469 ELIZABETH ORTIZ 930-01-470 GARRY INVESTMENTS LLC 930-01-471 PEBBLE BEACH HOLDING LLC 930-01-473, 475, 480, 482, 483 JACK STEVENS 930-01-474 AGGARWAL DEV DARSH 930-01-475, 480, 482, 483 JACK STEVENS 930-01-476 LOUIS L LAU 930-01-477 SUNRISE REALTY LLC 930-01-479 WADE KIRK 930-01-484 ADDIS PHARMA TECH CORP 939-64-001 ZEBRA INVESTMENTS LLC 939-64-002 800 E DYER RD LLC 411-141-05 VACANT 411-141-06 VACANT 411-142-02 OCCUPANT City Council 41 - 236 12/20/2022 411-142-03 OCCUPANT 411-142-04 OCCUPANT 411-142-05 OCCUPANT 411-142-06 OCCUPANT 411-142-07 OCCUPANT 411-142-08 OCCUPANT 411-142-09 OCCUPANT 411-142-10 OCCUPANT 411-142-11 OCCUPANT 411-142-12 OCCUPANT 411-142-12 OCCUPANT 411-142-13 VACANT 411-152-09 OCCUPANT 430-112-06 OCCUPANT 430-112-07 OCCUPANT 430-114-06 VACANT 430-114-07 OCCUPANT 430-115-01 OCCUPANT 430-115-02 VACANT 430-115-03 OCCUPANT 430-115-04 OCCUPANT 430-115-05 OCCUPANT 430-171-05 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT City Council 41 — 237 12/20/2022 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT City Council 41 — 238 12/20/2022 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT City Council 41 — 239 12/20/2022 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-171-07 OCCUPANT 430-173-02 OCCUPANT 430-173-04 OCCUPANT 430-173-05 OCCUPANT 430-173-05 OCCUPANT 430-173-06 OCCUPANT 430-173-07 OCCUPANT 430-173-10 OCCUPANT 430-173-10 OCCUPANT 430-173-11 OCCUPANT 430-173-15 OCCUPANT 430-173-16 OCCUPANT 430-173-17 OCCUPANT 430-173-18 OCCUPANT 430-173-19 OCCUPANT 430-173-20 OCCUPANT 430-173-21 OCCUPANT 430-173-22 OCCUPANT 430-191-12 OCCUPANT 430-191-13 OCCUPANT 930-01-401 OCCUPANT City Council 41 — 240 12/20/2022 930-01-402 OCCUPANT 930-01-403 OCCUPANT 930-01-404 OCCUPANT 930-01-405 OCCUPANT 930-01-406 OCCUPANT 930-01-407 OCCUPANT 930-01-408 OCCUPANT 930-01-409 OCCUPANT 930-01-410 OCCUPANT 930-01-411 OCCUPANT 930-01-412 OCCUPANT 930-01-413 OCCUPANT 930-01-414 OCCUPANT 930-01-415 OCCUPANT 930-01-416 OCCUPANT 930-01-417 OCCUPANT 930-01-418 OCCUPANT 930-01-419 OCCUPANT 930-01-420 OCCUPANT 930-01-421 OCCUPANT 930-01-422 OCCUPANT 930-01-423 OCCUPANT 930-01-424 OCCUPANT 930-01-425 OCCUPANT 930-01-426 OCCUPANT 930-01-427 OCCUPANT 930-01-428 OCCUPANT 930-01-429 OCCUPANT 930-01-430 OCCUPANT 930-01-431 OCCUPANT 930-01-432 OCCUPANT 930-01-433 OCCUPANT 930-01-434 OCCUPANT 930-01-435 OCCUPANT 930-01-436 OCCUPANT 930-01-437 OCCUPANT 930-01-438 OCCUPANT 930-01-439 OCCUPANT 930-01-440 OCCUPANT 930-01-441 OCCUPANT 930-01-442 OCCUPANT 930-01-443 OCCUPANT 930-01-444 OCCUPANT 930-01-445 OCCUPANT 930-01-446 OCCUPANT 930-01-447 OCCUPANT 930-01-448 OCCUPANT City Council 41 — 241 12/20/2022 930-01-449 OCCUPANT 930-01-450 OCCUPANT 930-01-451 OCCUPANT 930-01-452 OCCUPANT 930-01-453 OCCUPANT 930-01-454 OCCUPANT 930-01-455 OCCUPANT 930-01-456 OCCUPANT 930-01-457 OCCUPANT 930-01-458 OCCUPANT 930-01-459 OCCUPANT 930-01-460 OCCUPANT 930-01-461 OCCUPANT 930-01-462 OCCUPANT 930-01-463 OCCUPANT 930-01-464 OCCUPANT 930-01-465 OCCUPANT 930-01-466 OCCUPANT 930-01-467 OCCUPANT 930-01-468 OCCUPANT 930-01-469 OCCUPANT 930-01-470 OCCUPANT 930-01-471 OCCUPANT 930-01-472 OCCUPANT 930-01-473 OCCUPANT 930-01-474 OCCUPANT 930-01-475 OCCUPANT 930-01-476 OCCUPANT 930-01-477 OCCUPANT 930-01-478 OCCUPANT 930-01-479 OCCUPANT 930-01-480 OCCUPANT 930-01-481 OCCUPANT 930-01-482 OCCUPANT 930-01-483 OCCUPANT 930-01-484 OCCUPANT 939-64-001 OCCUPANT 939-64-002 OCCUPANT City Council 41 — 242 12/20/2022 Mailing Address Mailing Address City/State 500' Ownership Listing 500' Occupant Listing 1720 E GARRY AVE SANTA ANA CA 300 N FLOWER ST SANTA ANA CA 201 W GARVEY AVE 102 MONTEREY PARK CA 19365 COUNTRYWOOD DR YORBA LINDA CA 3460 WINCHESTER WAY ROWLAND HEIGHTS CA 3460 WINCHESTER WAY ROWLAND HEIGHTS CA 2923 S TECH CENTER DR SANTA ANA CA 3030 PULLMAN ST COSTA MESA CA 2919 S TECH CENTER DR SANTA ANA CA PO BOX 12649 NEWPORT BEACH CA PO BOX 2834 ORANGE CA 16787 BEACH BLVD 308 HUNTINGTON BEACH CA 2913 S TECH CENTER DR SANTA ANA CA 2915 S TECH CENTER DR SANTA ANA CA 4100 MACARTHUR BLVD 310 NEWPORT BEACH CA 2530 S BIRCH ST SANTA ANA CA 1319 J ST MODESTO CA 1900 AVENUE OF THE STARS 2475 LOS ANGELES CA PO BOX 11150 SANTA ANA CA 17072 DAIMLER ST IRVINE CA 1100 SANDPIPER DR CORONA DEL MAR CA 15600 SAND CANYON AVE IRVINE CA 1121 DURYEA AVE IRVINE CA 1167 WARNER AVE TUSTIN CA 3050 DAIMLER ST SANTA ANA CA 550 S MAIN ST ORANGE CA 2953 PULLMAN ST SANTA ANA CA 2913 PULLMAN ST SANTA ANA CA 4201 PRESERVE PKWY N GREENWOOD VILLAGE CO 4 HUTTON CENTRE DR 500 SANTA ANA CA 1601 PORT STIRLING PL NEWPORT BEACH CA 19642 VISTA DEL VALLE SANTA ANA CA 2922 DAIMLER ST SANTA ANA CA 2932 DAIMLER ST SANTA ANA CA 19211 EDGEHILL DR IRVINE CA 2960 DAIMLER ST SANTA ANA CA 2942 DAIMLER ST SANTA ANA CA 1811 E GARRY AVE SANTA ANA CA 2922 DAIMLER ST SANTA ANA CA 1751 E GARRY AVE SANTA ANA CA 10 PASTEUR IRVINE CA Mailing Address Zip Prepared for: 92705 92703 91754 92886 91748 91748 92705 92626 92705 92658 92859 92647 92705 92705 92660 92707 95354 90067 92711 92614 92625 92618 92614 92780 92705 92868 92705 92705 80121 92707 92660 92705 92705 92705 92603 92705 92705 92705 92705 92705 92618 City Council 41 — 243 12/20/2022 1 EDWARDS WAY IRVINE CA 92614 PO BOX 4009 ORANGE CA 92863 1800 E GARRY AVE 105 SANTA ANA CA 92705 1800 E GARRY AVE 106 SANTA ANA CA 92705 1448 CHARLESTON ST TUSTIN CA 92782 1800 E GARRY AVE 108 SANTA ANA CA 92705 3857 BIRCH ST 195 NEWPORT BEACH CA 92660 1800 E GARRY AVE 111 SANTA ANA CA 92705 2515 DUKE PL COSTA MESA CA 92626 PO BOX 4009 ORANGE CA 92863 PO BOX 5505 ORANGE CA 92863 PO BOX 4009 ORANGE CA 92863 23265 BUCKLAND LN LAKE FOREST CA 92630 1800 E GARRY AVE 206 SANTA ANA CA 92705 PO BOX 4009 ORANGE CA 92863 1800 E GARRY AVE 208 SANTA ANA CA 92705 18529 PETERS CT FOUNTAIN VALLEY CA 92708 2618 SAN MIGUEL DR 295 NEWPORT BEACH CA 92660 1212 AVIATOR LN TUSTIN CA 92782 PO BOX 4009 ORANGE CA 92863 100 VIA FLORENCE NEWPORT BEACH CA 92663 1835 NEWPORT BLVD A109 COSTA MESA CA 92627 PO BOX 4009 ORANGE CA 92863 25222 MAMMOTH CIR ELTORO CA 92630 PO BOX 4009 ORANGE CA 92863 PO BOX 17613 IRVINE CA 92623 2102 BUSINESS CENTER DR 130 IRVINE CA 92612 2729 SATURN ST BREA CA 92821 13681 NEWPORT AVE 8 TUSTIN CA 92780 751 S WEIR CANYON RD 157 ANAHEIM CA 92808 2235 E FLAMINGO RD 152 LAS VEGAS NV 89119 5938 TURNBERRY DR BANNING CA 92220 3152 HIDEOUT LN CORONA CA 92882 1212 N BROADWAY 204 SANTA ANA CA 92701 1820 E GARRY AVE 211C SANTA ANA CA 92705 PO BOX 4009 ORANGE CA 92863 40 GOLF DR ALISO VIEJO CA 92656 PO BOX 4009 ORANGE CA 92863 3209 E LONGRIDGE DR ORANGE CA 92867 27702 CROWN VALLEY PKWY D4 MISSION VIEJO CA 92694 6 ROCKROSE ALISO VIEJO CA 92656 1820 E GARRY AVE 224D SANTA ANA CA 92705 810 E DYER RD 1 SANTA ANA CA 92705 3631 S HARBOR BLVD 130 SANTA ANA CA 92704 2903 S TECH CENTER DR SANTA ANA CA 92705 City Council 41 — 244 12/20/2022 2905 S TECH CENTER DR SANTA ANA CA 92705 2907 S TECH CENTER DR SANTA ANA CA 92705 2923 S TECH CENTER DR SANTA ANA CA 92705 2921 S TECH CENTER DR SANTA ANA CA 92705 2919 S TECH CENTER DR SANTA ANA CA 92705 2917 S TECH CENTER DR SANTA ANA CA 92705 2909 S TECH CENTER DR SANTA ANA CA 92705 2911 S TECH CENTER DR SANTA ANA CA 92705 2913 S TECH CENTER DR SANTA ANA CA 92705 2915 S TECH CENTER DR STE A SANTA ANA CA 92705 2915 S TECH CENTER DR STE B SANTA ANA CA 92705 3131 S STANDARD AVE SANTA ANA CA 92705 17092 PULLMAN ST IRVINE CA 92614 1132 DURYEA AVE IRVINE CA 92614 17072 DAIMLER ST IRVINE CA 92614 1021 DURYEA AVE IRVINE CA 92614 1091 DURYEA AVE IRVINE CA 92614 1121 DURYEA AVE IRVINE CA 92614 17031 DAIMLER ST IRVINE CA 92614 3050 DAIMLER ST SANTA ANA CA 92705 1720 E GARRY AVE STE 101 SANTA ANA CA 92705 1720 E GARRY AVE STE 102 SANTA ANA CA 92705 1720 E GARRY AVE STE 103 SANTA ANA CA 92705 1720 E GARRY AVE STE 104 SANTA ANA CA 92705 1720 E GARRY AVE STE 105 SANTA ANA CA 92705 1720 E GARRY AVE STE 106 SANTA ANA CA 92705 1720 E GARRY AVE STE 107 SANTA ANA CA 92705 1720 E GARRY AVE STE 108 SANTA ANA CA 92705 1720 E GARRY AVE STE 109 SANTA ANA CA 92705 1720 E GARRY AVE STE 110 SANTA ANA CA 92705 1720 E GARRY AVE STE 111 SANTA ANA CA 92705 1720 E GARRY AVE STE 112 SANTA ANA CA 92705 1720 E GARRY AVE STE 113 SANTA ANA CA 92705 1720 E GARRY AVE STE 114 SANTA ANA CA 92705 1720 E GARRY AVE STE 115 SANTA ANA CA 92705 1720 E GARRY AVE STE 116 SANTA ANA CA 92705 1720 E GARRY AVE STE 117 SANTA ANA CA 92705 1720 E GARRY AVE STE 118 SANTA ANA CA 92705 1720 E GARRY AVE STE 119 SANTA ANA CA 92705 1720 E GARRY AVE STE 120 SANTA ANA CA 92705 1720 E GARRY AVE STE 201 SANTA ANA CA 92705 1720 E GARRY AVE STE 202 SANTA ANA CA 92705 1720 E GARRY AVE STE 203 SANTA ANA CA 92705 1720 E GARRY AVE STE 204 SANTA ANA CA 92705 City Council 41 — 245 12/20/2022 1720 E GARRY AVE STE 205 SANTA ANA CA 92705 1720 E GARRY AVE STE 206 SANTA ANA CA 92705 1720 E GARRY AVE STE 207 SANTA ANA CA 92705 1720 E GARRY AVE STE 208 SANTA ANA CA 92705 1720 E GARRY AVE STE 209 SANTA ANA CA 92705 1720 E GARRY AVE STE 210 SANTA ANA CA 92705 1720 E GARRY AVE STE 211 SANTA ANA CA 92705 1720 E GARRY AVE STE 212 SANTA ANA CA 92705 1720 E GARRY AVE STE 213 SANTA ANA CA 92705 1720 E GARRY AVE STE 214 SANTA ANA CA 92705 1720 E GARRY AVE STE 215 SANTA ANA CA 92705 1720 E GARRY AVE STE 220 SANTA ANA CA 92705 1720 E GARRY AVE STE 223 SANTA ANA CA 92705 1720 E GARRY AVE STE 225 SANTA ANA CA 92705 1720 E GARRY AVE STE 228 SANTA ANA CA 92705 1720 E GARRY AVE STE 229 SANTA ANA CA 92705 1720 E GARRY AVE STE 231 SANTA ANA CA 92705 1720 E GARRY AVE STE 232 SANTA ANA CA 92705 1720 E GARRY AVE STE 233 SANTA ANA CA 92705 1720 E GARRY AVE STE 234 SANTA ANA CA 92705 1720 E GARRY AVE STE 235 SANTA ANA CA 92705 1720 E GARRY AVE STE 236 SANTA ANA CA 92705 1740 E GARRY AVE STE 101 SANTA ANA CA 92705 1740 E GARRY AVE STE 102 SANTA ANA CA 92705 1740 E GARRY AVE STE 103 SANTA ANA CA 92705 1740 E GARRY AVE STE 104 SANTA ANA CA 92705 1740 E GARRY AVE STE 105 SANTA ANA CA 92705 1740 E GARRY AVE STE 106 SANTA ANA CA 92705 1740 E GARRY AVE STE 107 SANTA ANA CA 92705 1740 E GARRY AVE STE 108 SANTA ANA CA 92705 1740 E GARRY AVE STE 109 SANTA ANA CA 92705 1740 E GARRY AVE STE 110 SANTA ANA CA 92705 1740 E GARRY AVE STE 111 SANTA ANA CA 92705 1740 E GARRY AVE STE 112 SANTA ANA CA 92705 1740 E GARRY AVE STE 113 SANTA ANA CA 92705 1740 E GARRY AVE STE 114 SANTA ANA CA 92705 1740 E GARRY AVE STE 115 SANTA ANA CA 92705 1740 E GARRY AVE STE 116 SANTA ANA CA 92705 1740 E GARRY AVE STE 117 SANTA ANA CA 92705 1740 E GARRY AVE STE 118 SANTA ANA CA 92705 1740 E GARRY AVE STE 119 SANTA ANA CA 92705 1740 E GARRY AVE STE 120 SANTA ANA CA 92705 1740 E GARRY AVE STE 201 SANTA ANA CA 92705 1740 E GARRY AVE STE 202 SANTA ANA CA 92705 1740 E GARRY AVE STE 203 SANTA ANA CA 92705 1740 E GARRY AVE STE 204 SANTA ANA CA 92705 1740 E GARRY AVE STE 205 SANTA ANA CA 92705 City Council 41 — 246 12/20/2022 1740 E GARRY AVE STE 206 SANTA ANA CA 92705 1740 E GARRY AVE STE 207 SANTA ANA CA 92705 1740 E GARRY AVE STE 208 SANTA ANA CA 92705 1740 E GARRY AVE STE 209 SANTA ANA CA 92705 1740 E GARRY AVE STE 210 SANTA ANA CA 92705 1740 E GARRY AVE STE 211 SANTA ANA CA 92705 1740 E GARRY AVE STE 212 SANTA ANA CA 92705 1740 E GARRY AVE STE 213 SANTA ANA CA 92705 1740 E GARRY AVE STE 214 SANTA ANA CA 92705 1740 E GARRY AVE STE 215 SANTA ANA CA 92705 1740 E GARRY AVE STE 216 SANTA ANA CA 92705 1740 E GARRY AVE STE 220 SANTA ANA CA 92705 1740 E GARRY AVE STE 221 SANTA ANA CA 92705 1740 E GARRY AVE STE 222 SANTA ANA CA 92705 1740 E GARRY AVE STE 223 SANTA ANA CA 92705 1740 E GARRY AVE STE 224 SANTA ANA CA 92705 1740 E GARRY AVE STE 226 SANTA ANA CA 92705 1740 E GARRY AVE STE 227 SANTA ANA CA 92705 1740 E GARRY AVE STE 228 SANTA ANA CA 92705 1740 E GARRY AVE STE 230 SANTA ANA CA 92705 1740 E GARRY AVE STE 231 SANTA ANA CA 92705 1740 E GARRY AVE STE 232 SANTA ANA CA 92705 1740 E GARRY AVE STE 233 SANTA ANA CA 92705 1740 E GARRY AVE STE 234 SANTA ANA CA 92705 1740 E GARRY AVE STE 235 SANTA ANA CA 92705 1740 E GARRY AVE STE 236 SANTA ANA CA 92705 1700 E GARRY AVE STE 101 SANTA ANA CA 92705 1700 E GARRY AVE STE 102 SANTA ANA CA 92705 1700 E GARRY AVE STE 103 SANTA ANA CA 92705 1700 E GARRY AVE STE 104 SANTA ANA CA 92705 1700 E GARRY AVE STE 105 SANTA ANA CA 92705 1700 E GARRY AVE STE 106 SANTA ANA CA 92705 1700 E GARRY AVE STE 107 SANTA ANA CA 92705 1700 E GARRY AVE STE 108 SANTA ANA CA 92705 1700 E GARRY AVE STE 109 SANTA ANA CA 92705 1700 E GARRY AVE STE 110 SANTA ANA CA 92705 1700 E GARRY AVE STE 111 SANTA ANA CA 92705 1700 E GARRY AVE STE 112 SANTA ANA CA 92705 1700 E GARRY AVE STE 113 SANTA ANA CA 92705 1700 E GARRY AVE STE 114 SANTA ANA CA 92705 1700 E GARRY AVE STE 115 SANTA ANA CA 92705 1700 E GARRY AVE STE 116 SANTA ANA CA 92705 1700 E GARRY AVE STE 117 SANTA ANA CA 92705 1700 E GARRY AVE STE 118 SANTA ANA CA 92705 1700 E GARRY AVE STE 119 SANTA ANA CA 92705 1700 E GARRY AVE STE 120 SANTA ANA CA 92705 1700 E GARRY AVE STE 201 SANTA ANA CA 92705 City Council 41 — 247 12/20/2022 1700 E GARRY AVE STE 202 SANTA ANA CA 92705 1700 E GARRY AVE STE 203 SANTA ANA CA 92705 1700 E GARRY AVE STE 204 SANTA ANA CA 92705 1700 E GARRY AVE STE 205 SANTA ANA CA 92705 1700 E GARRY AVE STE 206 SANTA ANA CA 92705 1700 E GARRY AVE STE 207 SANTA ANA CA 92705 1700 E GARRY AVE STE 210 SANTA ANA CA 92705 1700 E GARRY AVE STE 211 SANTA ANA CA 92705 1700 E GARRY AVE STE 212 SANTA ANA CA 92705 1700 E GARRY AVE STE 213 SANTA ANA CA 92705 1700 E GARRY AVE STE 214 SANTA ANA CA 92705 1700 E GARRY AVE STE 215 SANTA ANA CA 92705 1700 E GARRY AVE STE 216 SANTA ANA CA 92705 1700 E GARRY AVE STE 217 SANTA ANA CA 92705 1700 E GARRY AVE STE 218 SANTA ANA CA 92705 1700 E GARRY AVE STE 219 SANTA ANA CA 92705 1700 E GARRY AVE STE 222 SANTA ANA CA 92705 1700 E GARRY AVE STE 224 SANTA ANA CA 92705 1700 E GARRY AVE STE 226 SANTA ANA CA 92705 1700 E GARRY AVE STE 227 SANTA ANA CA 92705 1700 E GARRY AVE STE 230 SANTA ANA CA 92705 1700 E GARRY AVE STE 231 SANTA ANA CA 92705 1700 E GARRY AVE STE 232 SANTA ANA CA 92705 1700 E GARRY AVE STE 233 SANTA ANA CA 92705 1700 E GARRY AVE STE 234 SANTA ANA CA 92705 1700 E GARRY AVE STE 235 SANTA ANA CA 92705 1700 E GARRY AVE STE 236 SANTA ANA CA 92705 2953 PULLMAN ST SANTA ANA CA 92705 2933 PULLMAN ST SANTA ANA CA 92705 2943 PULLMAN ST STE A SANTA ANA CA 92705 2943 PULLMAN ST STE B SANTA ANA CA 92705 1761 E GARRY AVE SANTA ANA CA 92705 2913 PULLMAN ST SANTA ANA CA 92705 2923 PULLMAN ST SANTA ANA CA 92705 2923 PULLMAN ST STE C SANTA ANA CA 92705 2922 DAIMLER ST SANTA ANA CA 92705 2932 DAIMLER ST SANTA ANA CA 92705 2938 DAIMLER ST SANTA ANA CA 92705 2960 DAIMLER ST SANTA ANA CA 92705 2952 DAIMLER ST SANTA ANA CA 92705 2942 DAIMLER ST SANTA ANA CA 92705 1811 E GARRY AVE SANTA ANA CA 92705 1801 E GARRY AVE SANTA ANA CA 92705 1751 E GARRY AVE SANTA ANA CA 92705 3001 DAIMLER ST SANTA ANA CA 92705 3009 DAIMLER ST SANTA ANA CA 92705 1800 E GARRY AVE 101 SANTA ANA CA 92705 City Council 41 — 248 12/20/2022 1800 E GARRY AVE 102 SANTA ANA CA 92705 1800 E GARRY AVE 103 SANTA ANA CA 92705 1800 E GARRY AVE 104 SANTA ANA CA 92705 1800 E GARRY AVE 105 SANTA ANA CA 92705 1800 E GARRY AVE 106 SANTA ANA CA 92705 1800 E GARRY AVE 107 SANTA ANA CA 92705 1800 E GARRY AVE 108 SANTA ANA CA 92705 1800 E GARRY AVE 109 SANTA ANA CA 92705 1800 E GARRY AVE 110 SANTA ANA CA 92705 1800 E GARRY AVE 111 SANTA ANA CA 92705 1800 E GARRY AVE 112 SANTA ANA CA 92705 1800 E GARRY AVE 113 SANTA ANA CA 92705 1800 E GARRY AVE 114 SANTA ANA CA 92705 1800 E GARRY AVE 115 SANTA ANA CA 92705 1800 E GARRY AVE 116 SANTA ANA CA 92705 1800 E GARRY AVE 117 SANTA ANA CA 92705 1800 E GARRY AVE 118 SANTA ANA CA 92705 1800 E GARRY AVE 201 SANTA ANA CA 92705 1800 E GARRY AVE 202 SANTA ANA CA 92705 1800 E GARRY AVE 203 SANTA ANA CA 92705 1800 E GARRY AVE 204 SANTA ANA CA 92705 1800 E GARRY AVE 205 SANTA ANA CA 92705 1800 E GARRY AVE 206 SANTA ANA CA 92705 1800 E GARRY AVE 207 SANTA ANA CA 92705 1800 E GARRY AVE 208 SANTA ANA CA 92705 1800 E GARRY AVE 209 SANTA ANA CA 92705 1800 E GARRY AVE 210 SANTA ANA CA 92705 1800 E GARRY AVE 211 SANTA ANA CA 92705 1800 E GARRY AVE 212 SANTA ANA CA 92705 1800 E GARRY AVE 213 SANTA ANA CA 92705 1800 E GARRY AVE 214 SANTA ANA CA 92705 1800 E GARRY AVE 215 SANTA ANA CA 92705 1800 E GARRY AVE 216 SANTA ANA CA 92705 1800 E GARRY AVE 217 SANTA ANA CA 92705 1800 E GARRY AVE 218 SANTA ANA CA 92705 1800 E GARRY AVE 219 SANTA ANA CA 92705 1800 E GARRY AVE 220 SANTA ANA CA 92705 1800 E GARRY AVE 221 SANTA ANA CA 92705 1800 E GARRY AVE 222 SANTA ANA CA 92705 1800 E GARRY AVE 223 SANTA ANA CA 92705 1800 E GARRY AVE 224 SANTA ANA CA 92705 1820 E GARRY AVE 101A SANTA ANA CA 92705 1820 E GARRY AVE 102A SANTA ANA CA 92705 1820 E GARRY AVE 103A SANTA ANA CA 92705 1820 E GARRY AVE 104A SANTA ANA CA 92705 1820 E GARRY AVE 105A SANTA ANA CA 92705 1820 E GARRY AVE 106A SANTA ANA CA 92705 City Council 41 — 249 12/20/2022 1820 E GARRY AVE 107A SANTA ANA CA 92705 1820 E GARRY AVE 108E SANTA ANA CA 92705 1820 E GARRY AVE 109B SANTA ANA CA 92705 1820 E GARRY AVE 110A SANTA ANA CA 92705 1820 E GARRY AVE 111A SANTA ANA CA 92705 1820 E GARRY AVE 112A SANTA ANA CA 92705 1820 E GARRY AVE 113A SANTA ANA CA 92705 1820 E GARRY AVE 114A SANTA ANA CA 92705 1820 E GARRY AVE 115A SANTA ANA CA 92705 1820 E GARRY AVE 116A SANTA ANA CA 92705 1820 E GARRY AVE 117B SANTA ANA CA 92705 1820 E GARRY AVE 118A SANTA ANA CA 92705 1820 E GARRY AVE 201D SANTA ANA CA 92705 1820 E GARRY AVE 202D SANTA ANA CA 92705 1820 E GARRY AVE 203C SANTA ANA CA 92705 1820 E GARRY AVE 204C SANTA ANA CA 92705 1820 E GARRY AVE 205C SANTA ANA CA 92705 1820 E GARRY AVE 206C SANTA ANA CA 92705 1820 E GARRY AVE 207D SANTA ANA CA 92705 1820 E GARRY AVE 208E SANTA ANA CA 92705 1820 E GARRY AVE 209C SANTA ANA CA 92705 1820 E GARRY AVE 210C SANTA ANA CA 92705 1820 E GARRY AVE 211C SANTA ANA CA 92705 1820 E GARRY AVE 212C SANTA ANA CA 92705 1820 E GARRY AVE 213E SANTA ANA CA 92705 1820 E GARRY AVE 214E SANTA ANA CA 92705 1820 E GARRY AVE 215F SANTA ANA CA 92705 1820 E GARRY AVE 216C SANTA ANA CA 92705 1820 E GARRY AVE 217C SANTA ANA CA 92705 1820 E GARRY AVE 218C SANTA ANA CA 92705 1820 E GARRY AVE 219C SANTA ANA CA 92705 1820 E GARRY AVE 220E SANTA ANA CA 92705 1820 E GARRY AVE 221D SANTA ANA CA 92705 1820 E GARRY AVE 222C SANTA ANA CA 92705 1820 E GARRY AVE 223C SANTA ANA CA 92705 1820 E GARRY AVE 224D SANTA ANA CA 92705 810 E DYER RD 1 SANTA ANA CA 92705 800 E DYER RD 2 SANTA ANA CA 92705 City Council 41 — 250 12/20/2022 Use Code CMSC MGOV IMSC IMSC IMSC IMSC IMSC IMSC IMSC IMSC IMSC IMSC IMSC IMSC IMSC IMSC IMSC IMSC IMSC IMSC IMSC MGOV IMSC IMSC IMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC IMSC City Council 41 — 251 12/20/2022 IMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC CMSC INDUSTRIAL MISCELLANEOUS City Council 41 — 252 12/20/2022 INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS GOVERNMENTAL, PUBLIC INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS City Council 41 — 253 12/20/2022 COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS City Council 41 — 254 12/20/2022 COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS City Council 41 — 255 12/20/2022 COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS INDUSTRIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS City Council 41 — 256 12/20/2022 COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS City Council 41 — 257 12/20/2022 COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS COMMERCIAL MISCELLANEOUS City Council 41 — 258 12/20/2022 Affidavit Regarding Community Meeting I, Brian Leung, declare as follows: 1. This declaration is made on behalf of Greenlaw Partners, pursuant to Santa Ana Municipal Code Section 2-153. I have personal knowledge of the facts set forth below and am able to competently testify thereto. I am available, on behalf of Greenlaw Partners, to answer any questions regarding the matters discussed herein. 2. The community meeting required by Section 1-153 was held by Greenlaw Partners, in compliance with Section 2-153, on October 5, 2021 from 6:00 pm to 7:00 pm in an online virtual environment (Zoom Video). Notice of the meeting was mailed to all property owners, and at least one occupant per dwelling unit having a valid United States Postal Service address within a 500-foot radius of the project site, on September 29, 2021. 4. Due to the COVID-19 Pandemic and restrictions to in person gatherings, the community meeting was hosted online via Zoom. No physical notice posting at the project site was required by the City. 5. Notice of the meeting was published in the Orange County Reporter, a newspaper of general circulation within the City of Santa Ana, on September 29, 2021. 6. Meeting minutes were prepared by Kimley-Horn that provide an accurate description and summary of the meeting. 7. The meeting was conducted in an open house format, but began with opening remarks from the developer, as well as a question -and -answer session. A true and correct copy of the video of the opening remarks, including questions from the public and answers thereto were shared with the City of Santa Ana Staff Planner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this date of October 8, 2021, at Orange, California. Brain Leung City Council 41 — 259 12/20/2022 Kimley»>Horn Virtual Sunshine Neighborhood Community Meeting 1700 Garry Avenue Light Industrial Development Project Held Thursday October 5, 2021 at 6 PM (via Zoom) Hosted by: Greenlaw Partners, AO (Architects Orange), and Kimley-Horn and Associates In compliance with the Sunshine Ordinance, a community meeting was held virtually on October 5t", 2021 from 6:00 pm — 7:00 pm. Representatives from the Developer were as follows: • Derek Meddings (Greenlaw Partners) • Rob Mitchell (Greenlaw Partners) • Steve Przybylowski (AO) Representatives from the City of Santa Ana: • Ali Pezeshkpour (assigned Case Planner) Representatives of the Community: • Tim Rushmore • Leslie • Shoshin U.S.A. • Linda Matsunaga • Garry Plaza Office Park Assoc. • paper • Michael Lepore (Kimley-Horn) • Nick Chen (Kimley-Horn) • Mark • Jeni (Jeni Bilatout) • Terry's iPad • Unknown 1 • Unknown 2 Eleven members of the community attended the virtual meeting. Kimley Horn waited for additional members of the community to log into the virtual meeting before starting the presentation. The representative from AO presented an overview of the project. Several questions were written into the chat box and asked verbally during the comments and questions portion. These questions are documented below. No additional members of the community attended the event. All representatives from the City and Developer team stayed on the virtual meeting with the attendees until 7 pm. kirn!ep 1100 W Town and Country Road I S,ita 706, ,):ange, CA 92868 714 g3P .030 1 Kimley»>Horn Community Questions and Comments 1. Verbal Question: Will a traffic control device be included in the site plans to prevent trucks from passing through the new building and the neighbor building? Will there be an access point for the water drainage to run off into the Garry Avenue and not drain into the neighboring property? Verbal Response: Applicant responded that this project is still working on some of the conditions of the project for approval but will make sure that this is included in the discussion and will be considered as part of the review process. 2. Verbal Question: Why is the screening wall eight feet tall, where is it, and does it have wire on the top? Verbal Response: There will be a ten -foot decorative concrete wall facing north east of the project site. The wall is meant to screen the trucks. The rendering in the PowerPoint included a rendering of a potential future overpass. 3. Verbal Question: Are there buildings as a part of the project? How many employees are you expecting to have? Verbal Response: Yes, there will be a building, the docks have been changed so that they do not face the surrounding properties. The number of employees is currently unknown since there is no tenant right now but will be similar to an industrial type of property. From a traffic standpoint, it will be a less intensive use than what is there now. 4. Verbal Question: Concerned about the trucks clogging up the surrounding streets. Is there any way that you can restrict trucks between 4:00pm-6:00pm so that trucks are not getting in the way of current residents getting home? Response: There was an intensive traffic study done to be able to show the influx of trucks for this type of use might be coming and going and it did not show any intensive additional traffic than what was already there. If it does look like this will be an issue with a future tenant, we can sit down and see what can be done. Applicant willing to share the traffic studies. 5. Verbal Question: Are there limitations as to how many trucks or the size of trucks? Verbal Response: There is a capacity issue that the building can be able to hold. This isn't an Amazon site where there are vans and multiple trips coming in and out of the site. We do not have a tenant so there are no set hours of operation. Kimley>>> Horn Page 3 6. Verbal Question: Will you specify in the lease how many trucks per hour/day? Verbal Response: At this point in time there are no terms of the lease. There are specifications that the project is required to follow from the City which is what the project is focused on now. 7. Verbal Question: Is there any cross -lot drainage? Verbal Response: There will be no cross -lot drainage with the storm drain system. This lot will self -drain and doesn't rely on any of the properties for drainage. 8. Comment: Ali Pezeshkpour on next steps for the project. The applicant has resubmitted plans for approval to the City. The city will soon begin its environmental evaluation. Once the plans are set and the city has no more comments and the environmental documentation is complete, the project will go forward to the Planning Commission and City Council for their consideration. The tenants and surrounding neighbors will receive notices of those meetings like they did for this meeting. If the Planning Commission and City Council vote to approve this project, then they will proceed with the necessary permit and plan reviews for construction permits. The applicant is aiming to have this entire process done by 2023. All key dates and updates will be posted on the website, and once dates are selected for the public meetings residents will receive a notice in the mail. Kimley»>Horn Radius notification letters: Notice mailers were distributed to nearby property owners within a 500-foot radius. Several letters were returned to the development team for several reasons, including addresses to vacant tenant offices and letters returned to sender that were unable to be forwarded. See attached Table 1 and Table 2 for complete list of returned notices. Kimley»>Horn Page 5 List of Notices Returned to Sender — Vacant Mailing Mailing Parcel First Owner Mailing Address Address Address Use Code Number Full Name City/State Zip 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 207 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 208 MISCELLANEOUS 430- 1720 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 209 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 204 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 215 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 223 MISCELLANEOUS 430- 1740 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 224 MISCELLANEOUS 430- 1700 E GARRY COMMERCIAL OCCUPANT SANTA ANA CA 92705 171-07 AVE STE 217 MISCELLANEOUS 4100 411- HW-DYER NEWPORT MACARTHUR 92660 INDUSTRIAL 142-13 LLC BEACH CA BLVD 310 List of Notices Returned to Sender — Not Deliverable as Addressed Parcel First Owner Mailing Mailing Address Mailing Use Code Number Full Name Address City/State Address Zip 1800 E 930-01- COMMERCIAL OCCUPANT GARRY SANTA ANA CA 92705 411 MISCELLANEOUS 1801 E 930-01- COMMERCIAL OCCUPANT GARRY SANTA ANA CA 92705 411 MISCELLANEOUS Kimley»>Horn Page 6 List of Notices Returned to Sender — Attempted Not Known Parcel First Owner Mailing Mailing Address Mailing Use Code Number Full Name Address City/State Address Zip 411-142- 2907 S TECH OCCUPANT SANTA ANA CA 92705 INDUSTRIAL 04 CENTER DR 939-64- 800 E DYER RD COMMERCIAL OCCUPANT SANTA ANA CA 92705 002 2 MISCELLANEOUS 411-142- 2903 S TECH OCCUPANT SANTA ANA CA 92705 INDUSTRIAL 02 CENTER DR 411-142- 2909 S TECH OCCUPANT SANTA ANA CA 92705 INDUSTRIAL 09 CENTER DR 411-142- 2923 S TECH YEUNG SANTA ANA CA 92705 INDUSTRIAL 05 CENTER DR 430-173- 2952 DAIMLER COMMERCIAL OCCUPANT SANTA ANA CA 92705 18 ST MISCELLANEOUS Kimley»)Horn Virtual Sunshine Neighborhood Community Meeting 1700 Garry Avenue Light Industrial Development Project Held Thursday October 5, 2021 at 6pm Hosted by: Greenlaw Partners, AO (Architects Orange), and Kimley-Horn and Associates Zoom Participants • Nick Chen • Ali Pezeshkpour • Derek Meddings • SteveP • Leslie • Tim Rushmore • Unknown 2 • Shoshin U.S.A. • Linda Matsunaga • Rob Mitchell • Michael.Lepore • Unknown 2 • Garry Plaza Office Park Assoc. • Paper • Mark • Jeni (Jeni Bilatout) • Terry's iPad 1100 UARRY A SIGHT INDUST DFVF[OPMFN Tuesday October 5, 2011, from 6-7 PM Virtual Sunshine Neighborhood Community Meeting #2 Hosted by: Greenlaw Partners, AO (Architects Orange), and Kimley-Horn and Associates Project Background Community Meeting #1 Recap Revised Project Next Steps Comments and Questions City Council 41 — 268 12/20/2022 PROJECT BACKGROUND City Council 41 — 269 12/20/2022 :GIONAL ) NTEXT Citv Council LOCAL CONTEXT City Council 41 — 2 12/20/2022 EXISTING CONDITIONS Address:1700 Garry Avenue ■APN: 430-171-07 ■5.13-acre site 3 separate, two-story office park buildings Approximately 53,000 building SF Primarily surface parking ■Typical ornamental landscaping City Council LA Aerial View from South 12/20/2022 EXISTING CONDITIONS- ON THE GROUND VIEW View from Garry Avenue, looking south toward existing office buildings City Council 41 — 273 12/20/2022 EXISTING CONDITIONS- ON THE GROUND VIEW View within parking lot, looking west toward the 1740 Garry Avenue Building City Council 41 — 274 12/20/2022 EXISTING CONDITIONS - ON THE GROUND VIEW View within parking lot, looking north toward Garry Avenue. SR-55 on the west City Council 41 — 275 12/20/2022 EXISTING CONDITIONS - ON THE GROUND VIEW Internal site view from parking lot, looking north toward 1700 Garry Avenue building City Council 41 — 276 12/20/2022 EXISTING CONDITIONS - ON THE GROUND VIEW View from SR-55, looking east toward project site City Council 41 — 277 12/20/2022 REVISIONS TO PROJECT City Council 41 — 278 12/20/2022 BUILDING ORIENTATION & BUILDING FOOTPRINT ` GARRYAVENUE LEGPL �EECRIRIION y.x�« A A2,9005F jF-' -A �18.402SFII- _W_ LLJ �i ♦ ILU FA5m S(,5n000) LL B 516a0 F , -- - 77 �o I } mF, I ALTON PARKWAY(FUTURE)-� r. Origina City Council GARRYM1ENtlf---•-•------ ' ------------- --- _�___ --- OdFOR dJ -- --- ---- -------- YPY`7®IY31E'S r >T>l>7 ,� LE7k n=aHIP-10 _ J L-- f vwr rnie' W IT Y].W.i 10C.{.SWId � ��fi dry s rM Tlre:r,K�•ttxF�.xa � I RRO SEU Jj�'ou9T0 L6�UILDGAWMITIDIE /✓/' i11 /}}�f ----- a n n o,l j �/1%Jl✓TAT✓7 k ALTONPAPWAYFUTURE) aw Revised 12/20/2022 ENTITLEMENTS General Plan Amendment: Professional and Administrative Office (PAO) to Industrial Zone Change: Professional to M1(Light Industrial) Development Project Review Citv Council _ --- _�--------- — „ f EE[niPOA ----------------- _ I M / f 7# J I `-- I, ' i 'IF/ � 7L�EgApL�Lp�p6�LAIP�1� riN Artbi�xn�axv Diu I I ` I �NL � CIWR itl F G110�t0 •1191Lf+7 ti I fl III ii �lll<�ITrS ' r001r,2 !ti 4 7mr f f.. !:'Jf4 �T �I I I /�1 I �- J i 9R�P u 141� rAsa i urN�, u i,w lllo l� W� 4 iIdne PIIR 9f W cm RXED PROP I DUSTRI SFO L RUILOI {', I 915 OSF � ANWOEFIDBE I4 StOsiCh OM [h11B0AW EJB6lhR I I WUHURM m ,a 37OI I•®IOKr I i! 1 4 — IGp I Ldl I N II II I �/ /7J%�l7,,77,lJ. [1� I f Ll i,LL'i 9k„ hvF Xllf 1177A .. _ ALTONPAW AYIFMR=; CONCEPT IMAGES FR EEWAY VIEW 9 ' VIEW LOOKING NOF - EAST ON 5$ FREEWAY WITH FUTURE ALTON OVERMS. City Council F REEWAY YI EW 2: VIEW LOOKING NORTHEAST ONES FREEWAY WITHOUT FUTURE ALTON O ERPM AT NEW PROPOSED BUILD INC NORTH OF FREEWAY BILL BOARD, 12/20/2022 CONCEPT IMAGES FREEWAY VIEW 3: VIEW LOOKING NORTHEAST ON H FREEWAY WITH FUTIJ�E ACON OVERPASS TO THE RIGHT. City Council VIEW FROM NEIGHBOR VIEW LOOKING SMTHME$T FROM REMAINING OFFICE COMPLEX TO THE EAST: SECOND FLOOR TOWARDS REAR OF NEW PROP0KD BUILDING 12/20/2022 CONCEPT IMAGES City Council 41 — 283 12/20/2022 r► SIGNAGE � . �, �QII�� �Ila�arF iflo M ■ Lm l : —111 mmli MMI) =Mlle ��—Mi =11Mi mii r 001Ir MMI1', ■ 001 � C2rr -=01 WHIM a01111MEN �� _! ■I ��® li�lll�r allymlC�1 Landscape Plans City Council � td r. ■nnnnuu ■nnu�.. .■ I� �nunur FLR T ENL-Ak EMNT P; I 1 EE81mEETL21 10 ���----1 y„1 I' � � I 'I I S. jI PRDPOSEG w LL + �- IE � + I ICI w .I 1 LEGEND 0 SICK 0 ACCESSIBLE RAMP 0 MODULAR WETLAND PARKINGTREE 0 SPECIMEHTTEEATSUTEENTRY ( DRG"TTDERANITPLAIlT1NG 0 TRASH ENCL.OSLRE TRANSFORMER R HTiETAL FENCE ILGATE 0 DECOM71YE SCREEN WALL ELECTRIC EASEMENT NEW PROPERTT'_FE EXISTING MCh.L'.TrJPT SIGN VME PLANMr, STREETTREE �j BUILOPM ENTRY C&TI102 WEMENT 7Lit VLART1r—VE BUFFER S@REEN TREE (D BIKE PARKING 9: NEW SURFACE PARKING STALLS ON HEIGHBOR14GPRO%R YWUTH NEW SHRUB PLANTINOA0.k-C 12/20/2022 LANDSCAPE ENLARGEMENT „ A„ City Council 41 — 288 12/20/2022 FKQFO�LU BUILDING City Council 41 — 289 LANDSCAPE ENLARGEMENT „B„ 12/20/2022 GARRY AVENUE x X% X X X X X X x X X k X k X k X X X X X X X% X X X X k X k % X X X X X X Y X x �x x x x X A x x X r x X x x x x x x x x x K k x x K r x x r x x x K r% x k X% x x X% x% X x x x% x% x x x X x% x x x x x % x x x x k x % x x x x x x x x% x % K x x x x% x% x x x x x x x x x x x x x x x X x x x % X% X X k X X X% X X X x X X X X X k X X k X 'AX k X X X X k X X X X X k X t X X X X % x x x x% x x x% x X x x x x X x X% w�lr� X X x% X X X x % x x x%%% % t% x x % x k x x x x x X x X x X x k x X kL_x Y x Y x X X X X x X X Y X n x x t x\ x x x x x x x x x x x x x x x% x x x x x x x x X X X X X X X X x x x %% % x 1%1% XX% X X X x X% X% X% X X X %, X X x x# x k x X x x x X x x X x X x# x x 8 x K x k XX K K x % x x x X XX x K X K 1 x X x x X x K %� X x X x x X x K % K X x x % X xx X X X X X X X X x X X X X X X X X X X X X X k X x X x X X X X X X X X X X X X x X x X x X X X x X% x% X x% t% x x X x X x x% X x K x x% X x X x X X x x x X x X x x x X x x X X X X X X X X X X x # X X X X X X X X X X X X X X Y X X X X x x X x Ix x X X X - k x X x k x Y x% x X x Y x Y x Y �-46 PROPOSED BUILDING LANDSCAPE ENLARGEMENT I/c/1 City Council 41 — 290 12/20/2022 Plant Schedule, Hardscapes, and Site Furnishings HARDSCAPE I SITE FURNISHINGS F1N15H MED1 1 on I.N. T= Ro BIKE RACK MODEL: EMERSON BIKE RACK MFG: LANDSCAPE FORMS OOLORI FINISH. SILVER POWDER COAT �■ ca mscaixsFINISH T11XT1 IPMOIIOIOMOtA1oR111 RMRwI�NY'f 6. om-009ftwom MIAy6K[IIIOWYMY4W! ,�.�, �olod�.ulR ms ulrw ulwc �ULENTS, GRASSES GROUND COVERS KKNCOO�MfRTgp Rfi .w4iW0.PNi kw wu W'� upl s�n.• CGANRIAGgI RIR6PRIRM RNW40! Cl A1•U moduAGtAlAllul'I NMRUAI YUIMrk� HAMWIIACLLY wnlr+wrwur wOkVlYll MA\MG4N Rye 1 minolanar 41 - 291 RO]GIm INp�lryy rAWIP�n1lYelaC�rWAi III NCRI Nr [N,Rgplll�{IIIIp[1111A�1, rrK ra�uct wn :1 41YIryp�711WG'\b1 IGIV[ANE111101MIIt111'� Ri1�M01M11MR GYW RVAI.�1 fAUiiNP4UNIL Ipef/ WlR1tlMIYI pyll�prgplyp� p!lilf Y'Ope Yl�'llw•14 WRWb1 �l �i rwi�uar 12/20/2022 carom:F FO TYEunwnnxRc rnvExs NEXT STEPS City Council 41 — 292 • City reviews Development Review Application and plans • Environmental Review under CEQA required • Future Public Noticing and Public Hearings • Approvals and Permitting Process • Construction anticipated 2023 12/20/2022 Comments and Questions? City Council 41 — 293 12/20/2022 Contact Information DEREK MEDDINGS - (949) 331-1300 GREENLAW PARTNERS City Council 12/20/2022 w_ The Project proposes to replace three existing office park buildings located at 1700 Garry Avenue with one new light industrial flex building. The new proposed uses total approximately 91,500 square feet total. The Project site plan has been revised since the July 8th meeting. Please attend this meeting to provide comments about this proposed development. At the meeting the project team will provide general information, answer questions and solicit input on the proposed project. WHEN: Tuesday, October 5 at 6-7p.m. WHERE: Virtual, Zoom HOW: To access the workshop please click the link below: https://bit.ly/2Y8DsoK ,�� � ��: � • ;�; „� ..�-fir. �/ `�, wtl�l� { y PROJECT SITE `. The project location and vicinity are highlighted in red. If you have questages-other than City Cour`,iblish, please contact Brian Leung �Oiml�q-�Iorn) at (714) 705-132J20/2022 _ _ _ _ _ _-r-�-rt = � T-�+-�+r-rr-�i �+� r-r-�-s-rr�-c r_�s � . r_�+r_� r� � r, r-r� r r�+�^•r�..n+r-�-�+_� r-rrra . r-�+x r-�-�+r� _ r�REENLAW �- 18301 Von Karman Ave Suite 250, Irvine, CA 92612 �u -A. 4, ! A i Akj _ � . � '-,'�z- .h + `art • 4 Y• El Proyecto propone reemplazar tres edificios de grupos de oficinas existentes ubicados en el 1700 de la Avenida Garry con un nuevo edificio de use industrial ligero y flexible. El total de los nuevos usos propuestos es de aproximadamente 9,500 pies cuadrados (8,500 metros cuadrados). Se han hecho revisiones al plan del sitio del proyecto desde la reunion del 8 de julio. Por favor asista a esta reunion para proporcionar sus comentarios acerca de este desarrollo propuesto. En la reunion, el equipo del proyecto le proporcionara informacion general, contestara sus preguntas y le pedira que proporcione sus comentarios acerca del proyecto. FECHA: Martes 5 de octubre de las 6 a las 7 pm� SITIO DEL PROYECTO LUGAR: Virtual, por Zoom , y COMO: Para obtener acceso al taller � Por favor haga clic en el enlace a continuacion: La ubicaci6n y el area del proyecto aparecen https://bit.ly/2Y8DsoK resaltadas en rojo Si tiene preguntas acerca de este evento o necesita servicios de interpretation en otros idiomas ademas cdA( ibor favor comuniquese con Biranf�LMn Rpimley-Horn) al (714)17%?-q/9W2 DAILY JOURNAL CORPORATION CALIFORNIA NEWSPAPER SERVICE BUREAU P.O. Box 54026 LOS ANGELES CALIFORNIA 90054-0026 PHONE: (213) 229-5300 FAX (213) 229-5481 FEDERAL TAX ID:95-4133299 LEGAL ADVERTISING INVOICE Invoice Number Date A3516000 ----T913012021 Customer Account Number 1124144961 Customer Payment Reference Special Project For payment processing, please forward to: Page 1 of 1 Ordered by: KIANA GRAHAM KIANA GRAHAM KIMLEY HORN KIMLEY HORN 1100 W TOWN AND COUNTRY ROAD,700 1100 W TOWN AND COUNTRY ROAD,700 ORANGE, CA 92868 USA ORANGE, CA 92868 USA DUEFEJLO R�NT­P CEIT OrdTGPN Typeinvoice A3516OUT PUBLIC NHTINDUSTRIAL OJECT ORANGE COUNTY REPORCE TER 21 511.50 $ 15.50 " 11.000 Inch " 1 Ins . 3 Cols To pay online, go to adtech.dailyjournal.comlpayment PLEASE PROCESS FOR PAYMENT IMMEDIATELY. DUE UPON RECEIPT Please make check payable to: Daily Journal Corporation ' Invoice Date Invoice Number Customer Number 9/3012021 A3516000 1124144961 * A 9 0 0 0 0 5 8 3 9 1 4 9 Amount 511.50 To ensure proper credit please write your account number 1124144961 on vour check. Alse, please detach and return this portion of the invoice with your payment. For account support, please email: Ari_Gutierrez@DailyJoumal.Com or call: 2132295530. Government Advertising - Division 1124 DAILY JOURNAL CORPORATION CALIFORNIA NEWSPAPER SERVICE BUREAU ATTN: ACCOUNTS RECEIVABLE PO BOX 54026 LOS ANGELES, CA 90054-0026 Payment: Amount Due KIANA GRAHAM KIMLEY HORN 1100 W TOWN AND COUNTRY ROAD,700 ORANGE, CA 92868 USA 511.50 0.00 511.50 511.50 &nbsp; City Council &nbsp;41 &ndash;&nbsp;297 12/20/2022 &nbsp; space far filing stamp only ORANGE COUNTY REPORTER - SINCE 1921 - 600 W SANTA ANA BLVD. SANTA ANA, CA 92701 Telephone (714) 543-2027 I Fax (714) 542-6841 KIANA GRAHAM OR#: 3516000 KIMLEY HORN 1100 W TOWN AND COUNTRY ROAD,700 ORANGE, CA - 92868 PROOF OF PUBLICATION (2015.5 C,C.PJ State of California ) County of ORANGE ) ss Notice Type: GPN - GOVT PUBLIC NOTICE Ad Description: 1700 GARRY AVE LIGHT INDUSTRIAL DEVELOPMENT PROJECT I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of t State of California, California by the Superior Court of the County of ORANGE. State under date 06/2011922, Case No, 13421, That the notice, of which the annexed is a printed copy, has been published thereofinc o the following and entire dates, of said newspaper and not in any supplement to -wit: 09/29/2021 Executed on: 09/2912021 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. t 11111 ll 1111 ll lull lulgnature l lull 11111 IN 11111111 lllllllllllllllllllllllllll 05838516* &nbsp; City Council &nbsp;41 &ndash;&nbsp;298 12/20/2022 &nbsp; �. MHULILWALLLM_ . The Project Proposes to replace three existing office park buildings 1 proposed uses total Garry Avenue with one new light industrial Flex building.The new since the approximately 91,500 square feet total. The Project rosite comment about this proposed July 8th meeting. Please attend this mo meeting m will provide general information, answer development. At questions andsolic t input on the proposed project. W}ACM Tuesday, October 5 at fr7p•m. vvl�El', Virtual, foal n 1 Ie 11y, To access the wofkslw}'r please click the 11nk below: ,htP s.Irblt-y /zY S[) .3K rya. --t nr you require 4anguagelnterpieletion1, SOS k131Pn9uages other than El Proyecto propone Im :,r, .. -. Y" r 1700 de la Avenida Garry con up nuevo edlficio de use industrial1e5 cuadrados (s,SOn metros ulio. ecto desde (a reunion del S de j nuela A eni a Gar stos es de aproximadamente %500 p prop ara ro orclonar sus comedic onar' tnformadon general' cuadrados). Se ban hecho revisiones a( plan del sitio delpray par favor aslsta a esta reunl el eguipo del proyecto le prop ru ecto. propuesto. En la reunion, contestara sus preguntas y le pedir3 que proporcione sus comentarios acerca de p Y „ e FEC iA: mattes 5 de=actubre de jar 6 a las 7 pm LOAR. Vlrtual,porZopm li CtiN1D: Para obteneac r ceso al taller favor Naga cljc en el enlace "16u61ca*Y OLM. el Pinto�� a continuacibn: https,tlblt% os Sltimgun eprela6 acerca de,It evento onace5ita 5ervicio5 deinterprHon) al(714)r705a1372sadem55 del inglks, Wr iav°r comu°iquese con giran Leung lKimley- GNSEW &nbsp; City Council &nbsp;41 &ndash;&nbsp;299 12/20/2022 &nbsp; This s, e . fnr riling stamp only ORANGE COUNTY REPORTER — SINCE 1921 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 I Fax (714) 542-6841 KIANA GRAHAM OR#: 3516000 KIMLEY HORN 1100 W TOWN AND COUNTRY ROAD,700 ORANGE, CA - 92868 PROOF OF PUBLICATION 015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type'. GPN - GOVT PUBLIC NOTICE Ad Description: 1700 GARRY AVE LIGHT INDUSTRIAL DEVELOPMENT PROJECT I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 0612011922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 0912912021 Executed on: 0912912021 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing Is true and correct Signature �!VI�YVVII�IN,N;I3 s G(4'II;IV�IIINI &nbsp; City Council &nbsp;41 &ndash;&nbsp;300 12/20/2022 &nbsp; The Project proposes to replace three existing office park buildings located at 1700 Garry Avenue with one new light industrial flex building, The new proposed uses total approximately 91,500 square feet total. The Project site plan has been revised since the July Elth meeting. Please attend this meeting to provide comments about this proposed development. At the meeting the project team will provide general information, answer questions and solicit input on the proposed project. wHEN,, Tuesday, October$ at6=7p.rn, ;NNBE Virtual, ZOOM 1 C4utJ. 76 access the workshop- _ please rlick.the link below: ht;f!17'rtJy/2Y9DsoK 7k�rvnr I rl-ahr:��nd r•r 5ighlightc,fm lfyou have q�esl Ions regarding this event or you require language inlerpretaaon services In languages other than Foolish. olease cnnt,,t Brian Len ng U�1.1ey+Homi R Q t41705-1372 El proyecto propone reemplazar tres edificlos de grupos de oficinas existentes ubicados en el 1700 de la Avenida Garry con un nuevo edificio de use industrial ligero y flexible. El total de los nuevos usos propuestos es de aproximadamente 9,500 pies cuadrados (8,500 metros cuadrados). Se han hecho revisiones al plan del sitio del proyecto desde la reunion del 8 de julio. Porfavor asista a esta reunion para proporc€onarsus comentarios acerca de este desarrollo propuesta. En la reunion, el equipo del proyecto le proporcionara informacion general, contestara sus preguntas y le pedira que proportion sus mmentarlas acerca del proyecto. r Cl tf�:' Mertes 5 de-Qaubre de las 6 a lay 7 pro t: GAli, Virtual, p©r Zoam CUPr1{�: Para obtene acce.so al taller par favor b aga clic en. el enlace :...; [a[��ti0LlaCi$ 'ycon-ty1�:y[�ry ra uaicaclatlyn Brea eN vrgM 1.9 aparecrn A.. _M� �./�1t,1�4IGUI�. (f5dil8r1d91n r6�0 Si Gene pregunta5 acerca de este evento o necesrla serviclos de interpretad6n eu orIos Uomas ad2in5s del inglks•purfavor Comunique@e con Blran Leung (Klmley-Horn)al{7141705-1372 — CNSBYS &nbsp; City Council &nbsp;41 &ndash;&nbsp;301 12/20/2022 &nbsp; #10848 9/27/2021 500' Ownership Listing 500' Occupant Listing Prepared for: 430-171-07 ORANGE CNTY TRANSPORTATION AUT 1720 E GARRY AVE SANTA ANA CA 92705 411-141-05,06 ORANGE COUNTY FLOOD 300 N FLOWER ST SANTA ANA CA 92703 411-142-04 WINCHESTER EQUITY GROUP LLC 3460 WINCHESTER WAY ROWLAND HEIGHTS CA 91748 411-142-07 2919 TECH CENTER DRIVE LLC 2919 S TECH CENTER DR SANTA ANA CA 92705 411-142-10 SATC INC 5753 E SANTA ANA CYN ANAHEIM CA 92807 411-142-13 HW-DYER LLC 4100 MACARTHUR BLVD 310 NEWPORT BEACH CA 92660 430-112-07 SIXTH & VERMONT INVESTMENT CO LL 1900 AVENUE OF THE STARS 2475 LOS ANGELES CA 90067 430-115-01,03 JOHN WASHER 1100 SANDPIPER DR CORONA DEL MAR CA 92625 411-142-02 WINCHESTER EQUITY GROUP LLC 19365 COUNTRYWOOD DR YORBA LINDA CA 92886 411-142-05 YEUNG 2923 S TECH CENTER DR SANTA ANA CA 92705 411-142-08 ANTHONY M CARLINI PO BOX 12649 NEWPORT BEACH CA 92658 411-142-11 KSDG LLC 2913 S TECH CENTER DR SANTA ANA CA 92705 Kindey Horn 1100 West Town and Country, Suite 700 Orange CA 92868 411-142-03 CHUCK WU 3460 WINCHESTER WAY ROWLAND HEIGHTS CA 91748 411-142-06 YEUNG 3030 PULLMAN ST COSTA MESA CA 92626 411-142-09 DALEO ENTERPRISES PO BOX 2834 ORANGE CA 92859 411-142-12 FRZ CORP INC 2915 S TECH CENTER DR SANTA ANA CA 92705 411-152-09 430-112-06 FIRST INDUSTRIAL PROPERTIES LLC GAGOS PROPERTIES LTD 2530 S BIRCH ST 1319 J ST SANTA ANA CA 92707 MODESTO CA 95354 430-114-06 EDWARDS LIFESCIENCES LLC PO BOX 11150 SANTA ANA CA 92711 430-115-02 IRVINE RANCH WATER DISTRICT 15600 SAND CANYON AVE IRVINE CA 92618 430-114-07 17072 DAIMLER LLC 17072 DAIMLER ST IRVINE CA 92614 430-115-04 JUNE EKLUND 1121 DURYEA AVE IRVINE CA 92614 430-115-05 430-171-05 430-171-07 RJV & ASSOCIATES LLC DUPLO U S A CORP ORANGE CNTY TRANSPORTATION 1167 WARNER AVE 3050 DAIMLER ST AUT TUSTIN CA 927 ity Council 41 — 302 PRO / 22 ORANGE /O 430-173-02 430-173-04 430-173-05 OPEN DOORS WITH BROTHER MAM PROPERTIES LLC WOODLEY BUSINESS PROPERTIES LLC ANDREW I 2913 PULLMAN ST 4201 PRESERVE PKWY N 2953 PULLMAN ST SANTA ANA CA 92705 GREENWOOD VILLAGE CO 80121 SANTA ANA CA 92705 430-173-06 430-173-07 430-173-10 ALBERT HANNA MAM PROPERTIES LLC ACCORD HOLDINGS LLC 4 HUTTON CENTRE DR 500 1601 PORT STIRLING PL 19642 VISTA DEL VALLE SANTA ANA CA 92707 NEWPORT BEACH CA 92660 SANTA ANA CA 92705 430-173-11 430-173-15 430-173-16 SCOTT A LISSOY CGMC LLC MYERS FREDERICK M TR MYERS 2922 DAIMLER ST 2932 DAIMLER ST FAMILY TR SANTA ANA CA 92705 SANTA ANA CA 92705 19211 EDGEHILL DR IRVINE CA 92603 430-173-17,18 430-173-19 430-173-20 DAHL TAYLOR & ASSOCIATES TRITON PROPERTIES LLC GRANITE PROPERTIES LLC CONSTRU 2942 DAIMLER ST 1811 E GARRY AVE 2960 DAIMLER ST SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 430-173-21 430-173-22 430-191-12 LISSOY SCOTT A THE LISSOY 1751 EAST GARRY LLC NKMAX AMERICA INC FAMILY 1751 E GARRY AVE 10 PASTEUR 2922 DAIMLER ST SANTA ANA CA 92705 IRVINE CA 92618 SANTA ANA CA 92705 430-191-13 930-01-401, 402, 403, 404, 409 930-01-405,406 EDWARDS LIFESCIENCES LLC JACK STEVENS REGAN DISTRIBUTORS INC 1 EDWARDS WAY PO BOX 4009 1800 E GARRY AVE 106 IRVINE CA 92614 ORANGE CA 92863 SANTA ANA CA 92705 930-01-406 930-01-407 930-01-408 REGAN DISTRIBUTORS INC THOMAS LINDAHL TRUSTAT SAFETY & HEALTH 1800 E GARRY AVE 106 1448 CHARLESTON ST SOURCE L SANTA ANA CA 92705 TUSTIN CA 92782 1800 E GARRY AVE 108 SANTA ANA CA 92705 930-01-410 930-01-411 930-01-412,464 1800 E GARRY AVE LLC REGAN DISTRIBUTORS INC PACIFIC LOAN SOLUTIONS LLC 3857 BIRCH ST 195 1800 E GARRY AVE 111 2515 DUKE PL NEWPORT BEACH CA 92660 SANTA ANA CA 92705 COSTA MESA CA 92626 930-01-413, 414, 415, 416 930-01-417, 429, 432, 478, 481 930-01-418, 419, 420, 421, 422 JACK STEVENS WM STEVENS JACK STEVENS PO BOX 4009 PO BOX 5505 PO BOX 4009 ORANGE CA 92863 ORANGE CA 92863 ORANGE CA 92863 930-01-423 930-01-424 930-01-425, 427, 431, 433 - 438 DAVID KUHN FLAGSTONE PROPERTIES LLC JACK STEVENS 23265 BUCKLAND LN 1800 E GARRY AVE 206 PO BOX 4009 LAKE FOREST i y ouncil 41 — 303 / 22 930-01-426 930-01-428 930-01-430 OCEANLINK SHIPPING LOGISTICS EHAB S SOLIMAN ULADZISLAU KANDYBOVICH 1800 E GARRY AVE 208 18529 PETERS CT 2618 SAN MIGUEL DR 295 SANTA ANA CA 92705 FOUNTAIN VALLEY CA 92708 NEWPORT BEACH CA 92660 930-01-439 930-01-440, 441, 442 930-01-443, 444, 445 CHRISTOPHER TRENT JACK STEVENS DAVID C RUSHMORE 1212 AVIATOR LN PO BOX 4009 100 VIA FLORENCE TUSTIN CA 92782 ORANGE CA 92863 NEWPORT BEACH CA 92663 930-01-446 930-01-447 - 453 930-01-454 MELINDA WELLS JACK STEVENS RAYMOND S LEE 1835 NEWPORT BLVD A109 PO BOX 4009 25222 MAMMOTH CIR COSTA MESA CA 92627 ORANGE CA 92863 EL TORO CA 92630 930-01-455, 456, 457, 458, 466 930-01-459, 472 930-01-460 JACK STEVENS PARISA MOGHADDAM KHA INVESTMENTS LLC PO BOX 4009 PO BOX 17613 2102 BUSINESS CENTER DR 130 ORANGE CA 92863 IRVINE CA 92623 IRVINE CA 92612 930-01-461 930-01-462 930-01-463,465 KEYSTONE EQUITY GROUP INC AJJA INVESTMENTS LLC GREWALL LLC 2729 SATURN ST 13681 NEWPORT AVE 8 751 S WEIR CANYON RD 157 BREA CA 92821 TUSTIN CA 92780 ANAHEIM CA 92808 930-01-467 930-01-468 930-01-469 RUSSAMEL INVESTMENTS RAY NAGHIBI ELIZABETH ORTIZ 2235 E FLAMINGO RD 152 5938 TURNBERRY DR 3152 HIDEOUT LN LAS VEGAS NV 89119 BANNING CA 92220 CORONA CA 92882 930-01-470 930-01-471 930-01-473, 475, 480, 482, 483 GARRY INVESTMENTS LLC PEBBLE BEACH HOLDING LLC JACK STEVENS 1212 N BROADWAY 204 1820 E GARRY AVE 211C PO BOX 4009 SANTA ANA CA 92701 SANTA ANA CA 92705 ORANGE CA 92863 930-01-474 930-01-475, 480, 482, 483 930-01-476 AGGARWAL DEV DARSH JACK STEVENS LOUIS L LAU 40 GOLF DR PO BOX 4009 3209 E LONGRIDGE DR ALISO VIEJO CA 92656 ORANGE CA 92863 ORANGE CA 92867 930-01-477 930-01-479 930-01-484 SUNRISE REALTY LLC WADE KIRK ADDIS PHARMA TECH CORP 27702 CROWN VALLEY PKWY D4 6 ROCKROSE 1820 E GARRY AVE 224D MISSION VIEJO CA 92694 ALISO VIEJO CA 92656 SANTA ANA CA 92705 939-64-001 939-64-002 411-141-05 ZEBRA INVESTMENTS LLC 800 E DYER RD LLC VACANT 810 E DYER RD 1 3631 S HARBOR BLVD 130 SANTA ANA C i Y ouncil 41 — 304 12/20/2022 411-141-06 411-142-02 VACANT OCCUPANT 2903 S TECH CENTER DR SANTA ANA CA 92705 411-142-04 OCCUPANT 2907 S TECH CENTER DR SANTA ANA CA 92705 411-142-07 OCCUPANT 2919 S TECH CENTER DR SANTA ANA CA 92705 411-142-10 OCCUPANT 2911 S TECH CENTER DR SANTA ANA CA 92705 411-142-12 OCCUPANT 2915 S TECH CENTER DR STE B SANTA ANA CA 92705 430-112-06 OCCUPANT 17092 PULLMAN ST IRVINE CA 92614 430-114-07 OCCUPANT 17072 DAIMLER ST IRVINE CA 92614 430-115-03 OCCUPANT 1091 DURYEA AVE IRVINE CA 92614 411-142-05 OCCUPANT 2923 S TECH CENTER DR SANTA ANA CA 92705 411-142-08 OCCUPANT 2917 S TECH CENTER DR SANTA ANA CA 92705 411-142-11 OCCUPANT 2913 S TECH CENTER DR SANTA ANA CA 92705 411-142-03 OCCUPANT 2905 S TECH CENTER DR SANTA ANA CA 92705 411-142-06 OCCUPANT 2921 S TECH CENTER DR SANTA ANA CA 92705 411-142-09 OCCUPANT 2909 S TECH CENTER DR SANTA ANA CA 92705 411-142-12 OCCUPANT 2915 S TECH CENTER DR STE A SANTA ANA CA 92705 411-142-13 411-152-09 VACANT OCCUPANT 3131 S STANDARD AVE SANTA ANA CA 92705 430-112-07 OCCUPANT 1132 DURYEA AVE IRVINE CA 92614 430-115-01 OCCUPANT 1021 DURYEA AVE IRVINE CA 92614 430-115-04 OCCUPANT 1121 DURYEA AVE IRVINE CA 92614 430-114-06 VACANT 430-115-02 VACANT 430-115-05 OCCUPANT 17031 DAIMLER ST IRVINE CA 92614 430-171-05 430-171-07 430-171-07 OCCUPANT OCCUPANT OCCUPANT 3050 DAIMLER ST 1720 E GARRY AVE STE 101 1720 E GARRY AVE STE 102 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 430-171-07 430-171-07 430-171-07 OCCUPANT OCCUPANT OCCUPANT 1720 E GARRY AVE STE 103 1720 E GARRY AVE STE 104 1720 E GARRY AVE STE 105 SANTA ANA CV Y ouncil 41 — 305 / / 430-171-07 430-171-07 430-171-07 OCCUPANT OCCUPANT OCCUPANT 1720 E GARRY AVE STE 106 1720 E GARRY AVE STE 107 1720 E GARRY AVE STE 108 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 109 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 112 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 115 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 118 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 201 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 204 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 207 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 110 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 113 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 116 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 119 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 202 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 205 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 208 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 111 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 114 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 117 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 120 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 203 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 206 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 209 SANTA ANA CA 92705 430-171-07 430-171-07 430-171-07 OCCUPANT OCCUPANT OCCUPANT 1720 E GARRY AVE STE 210 1720 E GARRY AVE STE 211 1720 E GARRY AVE STE 212 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 430-171-07 430-171-07 430-171-07 OCCUPANT OCCUPANT OCCUPANT 1720 E GARRY AVE STE 213 1720 E GARRY AVE STE 214 1720 E GARRY AVE STE 215 SANTA ANA CV Y ouncil 41 — 306 / / 430-171-07 430-171-07 430-171-07 OCCUPANT OCCUPANT OCCUPANT 1720 E GARRY AVE STE 220 1720 E GARRY AVE STE 223 1720 E GARRY AVE STE 225 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 228 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 232 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 235 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 102 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 105 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 108 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 111 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 229 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 233 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 236 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 103 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 106 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 109 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 112 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 231 SANTA ANA CA 92705 430-171-07 OCCUPANT 1720 E GARRY AVE STE 234 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 101 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 104 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 107 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 110 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 113 SANTA ANA CA 92705 430-171-07 430-171-07 430-171-07 OCCUPANT OCCUPANT OCCUPANT 1740 E GARRY AVE STE 114 1740 E GARRY AVE STE 115 1740 E GARRY AVE STE 116 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 430-171-07 430-171-07 430-171-07 OCCUPANT OCCUPANT OCCUPANT 1740 E GARRY AVE STE 117 1740 E GARRY AVE STE 118 1740 E GARRY AVE STE 119 SANTA ANA CV Y ouncil 41 — 307 / / 430-171-07 430-171-07 430-171-07 OCCUPANT OCCUPANT OCCUPANT 1740 E GARRY AVE STE 120 1740 E GARRY AVE STE 201 1740 E GARRY AVE STE 202 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 203 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 206 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 209 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 212 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 215 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 221 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 224 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 228 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 204 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 207 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 210 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 213 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 216 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 222 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 226 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 230 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 205 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 208 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 211 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 214 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 220 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 223 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 227 SANTA ANA CA 92705 430-171-07 OCCUPANT 1740 E GARRY AVE STE 231 SANTA ANA CA 92705 430-171-07 430-171-07 430-171-07 OCCUPANT OCCUPANT OCCUPANT 1740 E GARRY AVE STE 232 1740 E GARRY AVE STE 233 1740 E GARRY AVE STE 234 SANTA ANA CV y ouncil 41 — 308 / / 430-171-07 430-171-07 430-171-07 OCCUPANT OCCUPANT OCCUPANT 1740 E GARRY AVE STE 235 1740 E GARRY AVE STE 236 1700 E GARRY AVE STE 101 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 102 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 105 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 108 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 111 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 114 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 117 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 120 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 103 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 106 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 109 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 112 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 115 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 118 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 201 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 104 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 107 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 110 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 113 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 116 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 119 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 202 SANTA ANA CA 92705 430-171-07 430-171-07 430-171-07 OCCUPANT OCCUPANT OCCUPANT 1700 E GARRY AVE STE 203 1700 E GARRY AVE STE 204 1700 E GARRY AVE STE 205 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 430-171-07 430-171-07 430-171-07 OCCUPANT OCCUPANT OCCUPANT 1700 E GARRY AVE STE 206 1700 E GARRY AVE STE 207 1700 E GARRY AVE STE 210 SANTA ANA CV Y ouncil 41 — 309 / / 430-171-07 430-171-07 430-171-07 OCCUPANT OCCUPANT OCCUPANT 1700 E GARRY AVE STE 211 1700 E GARRY AVE STE 212 1700 E GARRY AVE STE 213 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 214 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 217 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 222 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 227 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 232 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 235 SANTA ANA CA 92705 430-173-04 OCCUPANT 2933 PULLMAN ST SANTA ANA CA 92705 430-173-06 OCCUPANT 1761 E GARRY AVE SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 215 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 218 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 224 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 230 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 233 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 236 SANTA ANA CA 92705 430-173-05 OCCUPANT 2943 PULLMAN ST STE A SANTA ANA CA 92705 430-173-07 OCCUPANT 2913 PULLMAN ST SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 216 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 219 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 226 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 231 SANTA ANA CA 92705 430-171-07 OCCUPANT 1700 E GARRY AVE STE 234 SANTA ANA CA 92705 430-173-02 OCCUPANT 2953 PULLMAN ST SANTA ANA CA 92705 430-173-05 OCCUPANT 2943 PULLMAN ST STE B SANTA ANA CA 92705 430-173-10 OCCUPANT 2923 PULLMAN ST SANTA ANA CA 92705 430-173-10 430-173-11 430-173-15 OCCUPANT OCCUPANT OCCUPANT 2923 PULLMAN ST STE C 2922 DAIMLER ST 2932 DAIMLER ST SANTA ANA CV Y ouncil 41 — 310 / / 430-173-16 430-173-17 430-173-18 OCCUPANT OCCUPANT OCCUPANT 2938 DAIMLER ST 2960 DAIMLER ST 2952 DAIMLER ST SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 430-173-19 430-173-20 430-173-21 OCCUPANT OCCUPANT OCCUPANT 2942 DAIMLER ST 1811 E GARRY AVE 1801 E GARRY AVE SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 430-173-22 430-191-12 430-191-13 OCCUPANT OCCUPANT OCCUPANT 1751 E GARRY AVE 3001 DAIMLER ST 3009 DAIMLER ST SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-401 930-01-402 930-01-403 OCCUPANT OCCUPANT OCCUPANT 1800 E GARRY AVE 101 1800 E GARRY AVE 102 1800 E GARRY AVE 103 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-404 930-01-405 930-01-406 OCCUPANT OCCUPANT OCCUPANT 1800 E GARRY AVE 104 1800 E GARRY AVE 105 1800 E GARRY AVE 106 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-407 930-01-408 930-01-409 OCCUPANT OCCUPANT OCCUPANT 1800 E GARRY AVE 107 1800 E GARRY AVE 108 1800 E GARRY AVE 109 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-410 930-01-411 930-01-412 OCCUPANT OCCUPANT OCCUPANT 1800 E GARRY AVE 110 1800 E GARRY AVE 111 1800 E GARRY AVE 112 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-413 930-01-414 930-01-415 OCCUPANT OCCUPANT OCCUPANT 1800 E GARRY AVE 113 1800 E GARRY AVE 114 1800 E GARRY AVE 115 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-416 930-01-417 930-01-418 OCCUPANT OCCUPANT OCCUPANT 1800 E GARRY AVE 116 1800 E GARRY AVE 117 1800 E GARRY AVE 118 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-419 930-01-420 930-01-421 OCCUPANT OCCUPANT OCCUPANT 1800 E GARRY AVE 201 1800 E GARRY AVE 202 1800 E GARRY AVE 203 SANTA ANA CV Y ouncil 41 — 311 / / 930-01-422 930-01-423 930-01-424 OCCUPANT OCCUPANT OCCUPANT 1800 E GARRY AVE 204 1800 E GARRY AVE 205 1800 E GARRY AVE 206 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-425 930-01-426 930-01-427 OCCUPANT OCCUPANT OCCUPANT 1800 E GARRY AVE 207 1800 E GARRY AVE 208 1800 E GARRY AVE 209 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-428 930-01-429 930-01-430 OCCUPANT OCCUPANT OCCUPANT 1800 E GARRY AVE 210 1800 E GARRY AVE 211 1800 E GARRY AVE 212 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-431 930-01-432 930-01-433 OCCUPANT OCCUPANT OCCUPANT 1800 E GARRY AVE 213 1800 E GARRY AVE 214 1800 E GARRY AVE 215 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-434 930-01-435 930-01-436 OCCUPANT OCCUPANT OCCUPANT 1800 E GARRY AVE 216 1800 E GARRY AVE 217 1800 E GARRY AVE 218 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-437 930-01-438 930-01-439 OCCUPANT OCCUPANT OCCUPANT 1800 E GARRY AVE 219 1800 E GARRY AVE 220 1800 E GARRY AVE 221 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-440 930-01-441 930-01-442 OCCUPANT OCCUPANT OCCUPANT 1800 E GARRY AVE 222 1800 E GARRY AVE 223 1800 E GARRY AVE 224 SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-443 930-01-444 930-01-445 OCCUPANT OCCUPANT OCCUPANT 1820 E GARRY AVE IOTA 1820 E GARRY AVE 102A 1820 E GARRY AVE 103A SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-446 930-01-447 930-01-448 OCCUPANT OCCUPANT OCCUPANT 1820 E GARRY AVE 104A 1820 E GARRY AVE 105A 1820 E GARRY AVE 106A SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-449 930-01-450 930-01-451 OCCUPANT OCCUPANT OCCUPANT 1820 E GARRY AVE 107A 1820 E GARRY AVE 108B 1820 E GARRY AVE 109B SANTA ANA CV Y ouncil 41 — 312 / / 930-01-452 930-01-453 930-01-454 OCCUPANT OCCUPANT OCCUPANT 1820 E GARRY AVE 110A 1820 E GARRY AVE 111A 1820 E GARRY AVE 112A SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-455 930-01-456 930-01-457 OCCUPANT OCCUPANT OCCUPANT 1820 E GARRY AVE 113A 1820 E GARRY AVE 114A 1820 E GARRY AVE 115A SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-458 930-01-459 930-01-460 OCCUPANT OCCUPANT OCCUPANT 1820 E GARRY AVE 116A 1820 E GARRY AVE 117B 1820 E GARRY AVE 118A SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-461 930-01-462 930-01-463 OCCUPANT OCCUPANT OCCUPANT 1820 E GARRY AVE 201D 1820 E GARRY AVE 202D 1820 E GARRY AVE 203C SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-464 930-01-465 930-01-466 OCCUPANT OCCUPANT OCCUPANT 1820 E GARRY AVE 204C 1820 E GARRY AVE 205C 1820 E GARRY AVE 206C SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-467 930-01-468 930-01-469 OCCUPANT OCCUPANT OCCUPANT 1820 E GARRY AVE 207D 1820 E GARRY AVE 208E 1820 E GARRY AVE 209C SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-470 930-01-471 930-01-472 OCCUPANT OCCUPANT OCCUPANT 1820 E GARRY AVE 210C 1820 E GARRY AVE 211C 1820 E GARRY AVE 212C SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-473 930-01-474 930-01-475 OCCUPANT OCCUPANT OCCUPANT 1820 E GARRY AVE 213E 1820 E GARRY AVE 214E 1820 E GARRY AVE 215F SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-476 930-01-477 930-01-478 OCCUPANT OCCUPANT OCCUPANT 1820 E GARRY AVE 216C 1820 E GARRY AVE 217C 1820 E GARRY AVE 218C SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 930-01-479 930-01-480 930-01-481 OCCUPANT OCCUPANT OCCUPANT 1820 E GARRY AVE 219C 1820 E GARRY AVE 220E 1820 E GARRY AVE 221D SANTA ANA CV Y ouncil 41 — 313 / / 930-01-482 930-01-483 930-01-484 OCCUPANT OCCUPANT OCCUPANT 1820 E GARRY AVE 222C 1820 E GARRY AVE 223C 1820 E GARRY AVE 224D SANTA ANA CA 92705 SANTA ANA CA 92705 SANTA ANA CA 92705 939-64-001 OCCUPANT 810 E DYER RD 1 SANTA ANA CA 92705 939-64-002 OCCUPANT 800 E DYER RD 2 SANTA ANA CA 92705 City Council 41 — 314 12/20/2022 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647-5804 I. OWNER/APPLICANT APPEAL APPLICATION Applicant Supporters Alliance for Environmental Responsibility (SAFER), represented by Lozeau Drury LLP 1939 Harrison Street, Suite 150, Oakland CA 94612 Mailing Address Legal Owner Name: Full name of Person, Firm, or Corporation (510 ) 836-4200 Area Code Phone No. Legal Owner Address: Phone No.: ( ) ( ) Fax: ( ) II. PROPERTY INFORMATION Land Use 3 office buildings containing a total of 105,558 square feet Professional (P) Industrial/Flex (FLEX) - 3 Existing Land Use of Property and/or Building Zoning District General Plan Designation Location 1700, 1720, and 1740 East Garry Avenue Garry Avenue and Pullman Street Street Address Name of Nearest Intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS III. REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) For the reasons discussed in the attached comment, the October 10, 2022 decisions of the Planning Commission to approve Amendment Application No. 2022-01 and Conditional Use Permit No. 2022-14 for the proposed Garry Avenue Business Park Project are in violation of the California Environmental Quality Act ("CEQA"). The City staffs determination that the Project is exempt from further environmental review pursuant to Section 15183 of the CEQA Guidelines is incorrect. An Initial Study should have been prepared to determine the appropriate level of CEQA review required, and the Planning Commission should have declined to approve the Project until after proper CEQA review was complete. See attachment. Applicant's Signature: �� Date: 10/17/2022 APPEAL APPLICATION NO. cm\cn"pGouncll 41 — 315 12/20/2022 5/00 SUBMITTAL REQUIREMENTS 1. An appeal application form (Exhibit 1). 2. A letter stating the nature of the appeal (in lieu of the space provided on the appeal form). 3. The application fee. 4. Any other pertinent information that the application warrants. City Council 41 — 316 12/20/2022 DRUR 7 S108364200 F 510.836-4205 Via E-mail Bao Pham, Chair Miguel Calderon, Vice Chair Eric M. Alderete, Commissioner Thomas Morrisey, Commissioner Isuri S. Ramos, Commissioner Mark McLoughlin, Commissioner Alan Woo, Commissioner Planning Commission City of Santa Ana 22 Civic Center Plaza Santa Ana, CA 92701 PBAecomments@santa-ana.org 1939 Harrison Street. Ste. 150 www1oXeaudrury.com Oakland, GA 94612 victoria Ciliazeaudrury.corn October 10, 2022 Ali Pezeshkpour, Principal Planner Planning and Building Agency City of Santa Ana 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 apezeshkpour@santa-ana.org Re: Opposition Comment on the California Environmental Quality Act (CEQA) Section 15183 Exemption for the Garry Avenue Business Park Project (Amendment Application No. 2022-01; Conditional Use Permit No. 2022-14); Planning Commission Agenda Item 2 Dear Chair Pham, Vice Chair Calderon, Honorable City Planning Commissioners, and Mr. Pezeshkpour: I am writing on behalf of Supporters Alliance for Environmental Responsibility ("SAFER") regarding the Garry Avenue Business Park Project (Amendment Application No. 202201; Conditional Use Permit No. 2022-14), including all actions related or referring to the proposed construction of a 91,500 square foot industrial building, located at 1700, 1720, and 1740 East Garry Avenue in the City of Santa Ana ("Project"), which is being heard by the Planning Commission on October 10, 2022 as Agenda Item 2. The City of Santa Ana Planning Division staff have incorrectly determined that the Project is exempt from further environmental review pursuant to Section 15183 of the California Environmental Quality Act ("CEQA") Guidelines. After reviewing the Community Plan Exemption Checklist ("Exemption Checklist") prepared for the Project, as well as the 2022 City of Santa Ana General Plan Update Environmental Impact Report ("GPU EIR") upon which the Exemption Checklist relies, we conclude that the City's consistency determination fails to provide evidence that the Project does not require further analysis and mitigation under CEQA. In particular, the consistency City Council 41 — 317 12/20/2022 Comment on Garry Avenue Business Park Project Planning Commission Agenda Item 2 (Amendment Application No. 2022-01; Conditional Use Permit No. 2022-14) October 10, 2022 Page 2 of 7 determination fails to provide evidence to support the Exemption Checklist's findings that the Project will not involve environmental effects that: (1) Are peculiar to the project or the parcel on which the project would be located, (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan or community plan with which the project is consistent, (3) Are potentially significant off -site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. As evidenced by the expert comments submitted by environmental consulting firm Soil/Water/Air Protection Enterprise ("SWAPE"), additional environmental review is required because: (1) there are project -specific significant effects which are peculiar to the project or its site, and (2) the Project would result in any new significant effects not discussed in the GPU EIR. SWAPE's comment and curriculum vitae are attached as Exhibit A hereto and are incorporated herein by reference in their entirety. Since the Project is not exempt from CEQA, an initial study must be prepared to determine the appropriate level of CEQA review required. PROJECT DESCRIPTION The Project proposes to demolish 105,558-square-feet ("SF") of office space and construct 81,500-SF of warehousing and distribution space, 10,000-SF of office space, and 145 parking spaces on the 5.2-acre site in the City of Santa Ana, California. LEGAL STANDARD The EIR is the very heart of CEQA. (Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.AppAth 1184, 1214 ["Bakersfield Citizens"]; Pocket Protectors v. City of Sacramento (2004) 124 Cal.AppAth 903, 927 ["Pocket Protectors"].) The EIR is an "environmental `alarm bell' whose purpose is to alert the public and its responsible officials to environmental changes before they have reached the ecological points of no return." (Bakersfield Citizens, 124 Cal.AppAth at 1220.) The EIR also functions as a "document of accountability," intended to "demonstrate to an apprehensive citizenry that the agency has, in fact, analyzed and considered the ecological implications of its action." (Laurel Heights Improvements Assn. v. Regents of Univ. of Cal. (1988) 47 Cal.3d 376, 392.) The EIR process "protects not only the environment but also informed self-government." (Pocket Protectors, 124 Cal.AppAth at 927.) An EIR is required if "there is substantial evidence, in light of the whole record before City Council 41 — 318 12/20/2022 Comment on Garry Avenue Business Park Project Planning Commission Agenda Item 2 (Amendment Application No. 2022-01; Conditional Use Permit No. 2022-14) October 10, 2022 Page 3 of 7 the lead agency, that the project may have a significant effect on the environment." (PRC § 21080(d); see also, Pocket Protectors, 124 Cal.AppAth at 927.) In very limited circumstances, an agency may avoid preparing an EIR by issuing a negative declaration, a written statement briefly indicating that a project will have no significant impact thus requiring no EIR (14 CCR § 15371), only if there is not even a "fair argument" that the project will have a significant environmental effect. (PRC §§ 21100, 21064.) Since "[t]he adoption of a negative declaration. . . has a terminal effect on the environmental review process," by allowing the agency "to dispense with the duty [to prepare an EIR]," negative declarations are allowed only in cases where "the proposed project will not affect the environment at all." (Citizens of Lake Murray v. San Diego (1989) 129 Cal.App.3d 436, 440.) To achieve its objectives of environmental protection, CEQA has a three -tiered structure. (14 CCR § 15002(k); Committee to Save the Hollywoodland Specific Plan v. City of Los Angeles (2008) 161 Cal.AppAth 1168, 1185-86 ["Hollywoodland"].) First, if a project falls into an exempt category, or it can be seen with certainty that the activity in question will not have a significant effect on the environment, no further agency evaluation is required. Id. Second, if there is a possibility the project will have a significant effect on the environment, the agency must perform an initial threshold study. (Id.; 14 CCR § 15063(a).) If the study indicates that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment the agency may issue a negative declaration. (Id.; 14 CCR §§ 15063(b)(2), 15070.) Finally, if the project will have a significant effect on the environment, an environmental impact report ("EIR") is required. (Id.) Here, since the City exempted the Project from CEQA entirely, the first step of the CEQA process applies. CEQA identifies certain classes of projects which are exempt from the provisions of CEQA. These are called categorical exemptions. (14 CCR §§ 15300, 15354.) "Exemptions to CEQA are narrowly construed and `[e]xemption categories are not to be expanded beyond the reasonable scope of their statutory language.' (Citations)." (Mountain Lion Foundation v. Fish & Game Com. (1997) 16 CalAth 105, 125.) The determination as to the appropriate scope of a categorical exemption is a question of law subject to independent, or de novo, review. (San Lorenzo Valley Community Advocates for Responsible Education v. San Lorenzo Valley Unified School Dist., (2006) 139 Cal. App. 4th 1356, 1375 ("[Q]uestions of interpretation or application of the requirements of CEQA are matters of law. (Citations.) Thus, for example, interpreting the scope of a CEQA exemption presents `a question of law, subject to de novo review by this court.' (Citations).").) In addition, there are several exceptions to CEQA's categorical exemptions. (See, 14 CCR § 15300.2.) At least one exception is relevant here: Significant Effects. A project may never be exempted from CEQA if there is a "fair argument" that the project may have significant environmental impacts due to "unusual circumstances." 14 CCR § 15300.2(c). The Supreme Court has held that since the agency may only exempt activities that do not have a significant effect on the environment, a fair argument that a project will have significant City Council 41 — 319 12/20/2022 Comment on Garry Avenue Business Park Project Planning Commission Agenda Item 2 (Amendment Application No. 2022-01; Conditional Use Permit No. 2022-14) October 10, 2022 Page 4 of 7 effects precludes an exemption. (Wildlife Alive v. Chickering (1976) 18 Cal.3d 190, 204.) Here, the City has issued a notice of exemption alleging that the proposed Project is exempt from CEQA review under Section 15183. However, as discussed below, this exemption is improper, and instead, a full CEQA analysis, such as an EIR, must be prepared for this Project. DISCUSSION I. THE PROJECT WILL HAVE SIGNIFICANT IMPACTS PECULIAR TO THE PROJECT THAT WERE NOT ANALYZED AS SIGNIFICANT EFFECTS IN THE GENERAL PLAN EIR AND THESE IMPACTS REQUIRE FURTHER ANALYSIS UNDER CEQA Section 15183 of the California Environmental Quality Act allows a project to avoid environmental review if it is "consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified ... except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site." (14 CCR § 15183 (emphasis added).) The intention of this section is to "streamline[]" CEQA review for projects and avoid the preparation of repetitive documents. Even when a project is "consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified,", environmental review is still required for various types of impacts, including those "peculiar to the project or parcel on which the project would be located," those which "were not analyzed as significant effects in a prior EIR," "are potentially significant off -site impacts and cumulative impacts which were not discussed in the prior EIR," or "[a]re previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR." (14 CCR sec. 15183.) Section 1518(f) of the CEQA Guidelines states that a Project's environmental effects are not peculiar to a project if "uniformly applied development policies or standards have been previously adopted" which serve to mitigate environmental impacts, "unless substantial new information shows that the policies or standards will not substantially mitigate the environmental effect." (Emphasis added). Therefore, the standard set forth by CEQA for this analysis is substantial evidence. Here, there is substantial evidence demonstrating that the Project will have project - specific significant impacts that were not addressed in the General Plan EIR, and therefore must be addressed through CEQA review now. II. THE PROJECT WILL HAVE PROJECT -SPECIFIC SIGNIFICANT EFFECTS WHICH WERE NOT ADDRESSED IN THE PREVIOUS GENERAL PLAN UPDATE EIR. City Council 41 — 320 12/20/2022 Comment on Garry Avenue Business Park Project Planning Commission Agenda Item 2 (Amendment Application No. 2022-01; Conditional Use Permit No. 2022-14) October 10, 2022 Page 5 of 7 First of all, the Project's potential air quality impacts were not addressed in the previous General Plan EIR, because the air quality impacts of the Project as proposed could not have been foreseen at the time the General Plan was prepared. Emissions for the proposed Project must be modeled using a program such as CalEEMod, and project -specific input parameters must be measured against applicable thresholds. Further, a screening -level HRA must be prepared to determine the risk posed to nearby residential receptors, as well as propose mitigation as necessary. If the Project's criteria air pollutant and/or toxic air contaminant emissions exceed the relevant South Coast Air Quality Management District's ("SCAQMD") thresholds, the Project's greenhouse gas emissions must also be modeled using a program such as CalEEMod and mitigation must be implemented if necessary. As discussed below, these considerations all represent potential project -specific significant effects that were not addressed in the previous General Plan EIR, and therefore, the City must review these impacts under CEQA. A. The Project Could Have Significant Air Quality Impacts, Requiring Additional CEQA Analysis Under Section 15183. In support of the Exemption, the City claims that the Project is not required to submit an HRA, as Mitigation Measure AQ-3 ("MM-AQ-3") included in the GPU EIR is not applicable to the Project. (See, Exhibit A, pp. 1-2.) However, as SWAPE notes, "regardless of the [Exemption Checklist] claims, the State of California Department of Justice recommends that all warehouse projects prepare a quantitative HRA pursuant to the Office of Environmental Health Hazard Assessment ("OEHHA"), the organization responsible for providing guidance on conducting HRAs in California, as well as local air district guidelines." OEHHA released its most recent guidance document in 2015 describing which types of projects warrant preparation of an HRA. (See, e.g., "Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments." OEHHA, February 2015, available at: http://oehha.ca.gov/air/hot_spots/hotspots20l5.htm1.) OEHHA recommends that projects lasting at least 2 months be evaluated for cancer risks to nearby sensitive receptors, a time period which this Project easily exceeds. (Exhibit A, p. 2.) Because "the Project's anticipated construction duration exceeds the 2-month and 6-month requirements set forth by OEHHA, construction of the Project meets the threshold warranting a quantified HRA under OEHHA guidance and should be evaluated for the entire 12-month construction period." (Id.) The OEHHA document also recommends that if a project is expected to last over 6 months, the exposure should be evaluated throughout the project using a 30-year exposure duration to estimate individual cancer risks. (Id.) Based on its extensive experience, SWAPE reasonably assumes that the Project will last at least 30 years, and therefore recommends that health risk impacts from project -generated Diesel Particulate Matter ("DPM") emissions be evaluated. (Id.) An initial study and mitigated negative declaration or environmental impact report is needed to adequately address the air quality impacts of the proposed Project, and to mitigate those impacts accordingly. B. The Project Will Have a Significant Health Impact as a Result of Diesel Particulate Emissions into the Air. City Council 41 — 321 12/20/2022 Comment on Garry Avenue Business Park Project Planning Commission Agenda Item 2 (Amendment Application No. 2022-01; Conditional Use Permit No. 2022-14) October 10, 2022 Page 6 of 7 SWAPE analyzed the Project's emissions of Diesel Particulate Matter (DPM) into the air, and the resulting impact on human health. To do so, SWAPE prepared a screening -level Health Risk Assessment ("HRA") to evaluate potential impacts from the construction and operation of the Project. (Exhibit A, pp. 3-7.) SWAPE prepared a screening -level HRA to evaluate potential health risk impacts posed to residential sensitive receptors as a result of the Project's construction -related and operational TAC emissions. SWAPE used AERSCREEN, the leading screening -level air quality dispersion model. SWAPE applied a sensitive receptor distance of 200 meters and analyzed impacts to individuals at different stages of life based on OEHHA and SCAQMD guidance utilizing age sensitivity factors. SWAPE found that the excess cancer risks at a sensitive receptor located approximately 200 meters away over the course of Project construction and operation, while utilizing the recommended age sensitivity factors, are approximately 71.6 in one million for infants, 103 in one million for children, and 11.5 in one million for adults. (Id., p. 6.) Moreover, the excess cancer risk over the course of a residential lifetime (i.e. 30 years) for Project operation and construction is approximately 188 in one million. (Id.) The cancer risks to infants, children, adults, and lifetime residents appreciably exceed SCAQMD's threshold of 10 in one million, thus indicating a significant air quality impact. Because the Project will have numerous significant air quality impacts peculiar to this project, and not analyzed in the GP EIR, additional CEQA review is required. C. The Project Will Have Significant Greenhouse Gas Impacts Requiring Additional CEQA Analysis Under 15183 Exemption. SWAPE analyzed Project's potential greenhouse gas ("GHG") emissions and found that the Project and GPU EIR failed to adequately analyze the Project's greenhouse gas impacts, which SWAPE found to be potentially significant. (See, Exhibit A, pp. 8-10.) First, the Exemption Checklist's greenhouse gas impact analysis and subsequent less - than -significant impact conclusion are based on an outdated quantitative analysis GHG threshold. (See, id., pp. 8-9.) According to SWAPE, the Exemption Checklist incorrectly "estimates that the Project would generate net annual [GHG] emissions of 1,668 metric tons of carbon dioxide equivalents per year ("MT CO2e/year"), which would not exceed the SCAQMD threshold of 3,000 MT CO2e/year." (Id., p. 8.) SWAPE explains that this is incorrect because "the guidance that provided the 3,000 MT CO2e/year threshold, the SCAQMD's 2008 Interim CEQA GHG Significance Threshold for Stationary Sources, Rules, and Plans report, was developed when the Global Warming Solutions Act of 2006, commonly known as "AB 32", was the governing statute for GHG reductions in California. AB 32 requires California to reduce GHG emissions to 1990 levels by 2020." (Id.) In addition, the Association of Environmental Professionals (AEP) guidance states: City Council 41 — 322 12/20/2022 Comment on Garry Avenue Business Park Project Planning Commission Agenda Item 2 (Amendment Application No. 2022-01; Conditional Use Permit No. 2022-14) October 10, 2022 Page 7 of 7 [F]or evaluating projects with a post 2020 horizon, the threshold will need to be revised based on a new gap analysis that would examine 17 development and reduction potentials out to the next GHG reduction milestone. (Id., pp. 8-9 [citations omitted].) Because it is currently October 2022, thresholds for 2020 are not applicable to the proposed Project and should be revised to reflect the current GHG reduction target. (Id., p. 9.) As a result, the SCAQMD bright -line threshold of 3,000 MT CO2e/year is outdated and inapplicable to the proposed Project, and the [Exemption Checklist's] less -than -significant GHG impact conclusion should not be relied upon. (Exhibit A, p. 9.) Instead, SWAPE recommends "that the Project apply the SCAQMD 2035 service population efficiency target of 3.0 metric tons of carbon dioxide equivalents per service population per year ("MT CO2e/SP/year"), which was calculated by applying a 40% reduction to the 2020 targets." (Id.) To more accurately determine the Project's GHG emissions, SWAPE prepared an updated air model using the project -specific information provided by the Exemption Checklist. (See, id., pp. 9-10.) SWAPE's updated analysis demonstrates that the Project would emit approximately 14.6 MT CO2e/SP/year. (Id.) Therefore, the Project's service population efficiency value exceeds the SCAQMD 2035 efficiency target of 3.0 MT CO2e/SP/year, indicating a potentially significant GHG impact not previously identified or addressed by the Exemption Checklist or GPU EIR. Thus, SWAPE's model demonstrates that the Project would result in a significant GHG impact, which precludes reliance on the CEQA Section 15183 exemption. CONCLUSION For the foregoing reasons, SAFER requests that the Planning Commission deny the applications for the Project and, instead, direct city staff to prepare the necessary environmental documents under CEQA. The City should prepare an initial study followed by an EIR or negative declaration in accordance with CEQA prior to consideration of approvals for the Project. Sincerely, Victoria Yundt LOZEAU I DRURY LLP City Council 41 — 323 12/20/2022 EXHIBIT A City Council 41 — 324 12/20/2022 S��� Technical Consultation, Data Analysis and Litigation Support for the Environment 2656 29th Street, Suite 201 Santa Monica, CA 90405 Matt Hagemann, P.G, C.Hg. (949) 887-9013 mhagemann@swape.com Paul E. Rosenfeld, PhD (310) 795-2335 prosenfeld@swape.com September 23, 2022 Victoria Yundt Lozeau I Drury LLP 1939 Harrison Street, Suite 150 Oakland, CA 94618 Subject: Comments on the 1700 Garry Avenue Project Dear Ms. Yundt, We have reviewed the August 2022 Planning Commission Staff Report ("Staff Report") for the 1700 E Garry Avenue Project ("Project") located in the City of Santa Ana ("City"). The Project proposes to demolish 105,558-square-feet ("SF") of office space and construct 81,500-SF of warehousing and distribution space, 10,000-SF of office space, and 145 parking spaces on the 5.2-acre site. Our review concludes that the Staff Report fails to adequately evaluate the Project's health risk and greenhouse gas impacts. As a result, emissions and health risk impacts associated with construction and operation of the proposed Project are underestimated and inadequately addressed. An Environmental Impact Report ("EIR") should be prepared to adequately assess and mitigate the potential health risk and greenhouse gas impacts that the Project may have on the environment. Air Quality Diesel Particulate Matter Emissions Inadequately Evaluated Regarding the preparation of a health risk analysis ("HRA"), the General Plan Update Final Recirculated Program Environmental Impact Report ("GPU EIR") incorporates Mitigation Measure ("MM") AQ-3. The Environmental Analysis ("EA"), provided as Exhibit 10 to the Staff Report, elaborates on MM AQ-3, stating: "AQ-3 Prior to discretionary approval by the City of Santa Ana, project applicants for new industrial or warehousing development projects that 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel- powered transport refrigeration units, and 2) are within 1,000 feet of a sensitive land use (e.g., City Council 41 — 325 12/20/2022 residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Santa Ana for review and approval... Proposed Protect Applicability: Mitigation Measure AQ-3 is not applicable to the proposed Proiect because it would only generate 44 truck trios aer day. as detailed in Section 5.17. Transportation" (p. 2-81). As demonstrated above, the EA claims the Project is not required to submit an HRA, as MM-AQ-3 is not applicable to the proposed Project. However, regardless of the EA's claims, the State of California Department of Justice recommends that all warehouse projects prepare a quantitative HRA pursuant to the Office of Environmental Health Hazard Assessment ("OEHHA"), the organization responsible for providing guidance on conducting HRAs in California, as well as local air district guidelines.' OEHHA released its most recent Risk Assessment Guidelines: Guidance Manual for Preparation of Health Risk Assessments in February 2015. This guidance document describes the types of projects that warrant the preparation of an HRA. Specifically, OEHHA recommends that all short-term projects lasting at least 2 months assess cancer risks.Z Furthermore, according to OEHHA: "Exposure from projects lasting more than 6 months should be evaluated for the duration of the project. In all cases, for assessing risk to residential receptors, the exposure should be assumed to start in the third trimester to allow for the use of the ASFs (OEHHA, 2009).113 Thus, as the Project's anticipated construction duration exceeds the 2-month and 6-month requirements set forth by OEHHA, construction of the Project meets the threshold warranting a quantified HRA under OEHHA guidance and should be evaluated for the entire 12-month construction period (p. 2-53). Furthermore, OEHHA recommends that an exposure duration of 30 years should be used to estimate the individual cancer risk at the maximally exposed individual resident ("MEIR").4 While the Project documents fail to provide the expected lifetime of the proposed Project, we can reasonably assume that the Project would operate for at least 30 years, if not more. Therefore, operation of the Project also exceeds the 2-month and 6-month requirements set forth by OEHHA and should be evaluated for the entire 30-year residential exposure duration, as indicated by OEHHA guidance. These recommendations reflect the most recent state health risk policies, and as such, an EIR should be prepared to include an analysis of health risk impacts posed to nearby sensitive receptors from Project - generated DPM emissions. 1 "Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act." State of California Department of Justice, available at: https://oag.ca.gov/sites/all/files/agweb/pdfs/environment/warehouse-best-practices.pdf, p. 6. z "Risk Assessment Guidelines: Guidance Manual for Preparation of Health Risk Assessments." OEHHA, February 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf, p. 8-18. 3 "Risk Assessment Guidelines: Guidance Manual for Preparation of Health Risk Assessments." OEHHA, February 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf, p. 8-18. 4 "Risk Assessment Guidelines: Guidance Manual for Preparation of Health Risk Assessments." OEHHA, February 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf, p. 2-4. City Council 41 — 326 12/20/2022 Screening -Level Analysis Demonstrates Potentially Significant Health Risk Impact In order to conduct our screening -level risk assessment we relied upon AERSCREEN, which is a screening level air quality dispersion model.' As discussed above, the model replaced SCREEN3, and AERSCREEN is included in the OEHHA and the California Air Pollution Control Officers Associated ("CAPCOA") guidance as the appropriate air dispersion model for Level 2 health risk screening assessments ("HRSAs").6,' A Level 2 HRSA utilizes a limited amount of site -specific information to generate maximum reasonable downwind concentrations of air contaminants to which nearby sensitive receptors may be exposed. If an unacceptable air quality hazard is determined to be possible using AERSCREEN, a more refined modeling approach is required prior to approval of the Project. We prepared a preliminary HRA of the Project's construction and operational health risk impact to residential sensitive receptors using the annual PMlo exhaust estimates from the EA's CalEEMod output files, provided within the Greenhouse Gas Emissions Assessment ("GHG Assessment") as Appendix F to the EA. Consistent with recommendations set forth by OEHHA, we assumed residential exposure begins during the third trimester stage of life.' The EA's CalEEMod model indicates that construction activities will generate approximately 125 pounds of DPM over the 363-day construction period.9 The AERSCREEN model relies on a continuous average emission rate to simulate maximum downward concentrations from point, area, and volume emission sources. To account for the variability in equipment usage and truck trips over Project construction, we calculated an average DPM emission rate by the following equation: grams 124.6 lbs 453.6 grams 1 day 1 hour Emission Rate ( ) = x x x = 0.00180 g/s second 363 days lbs 24 hours 3,600 seconds Using this equation, we estimated a construction emission rate of 0.00180 grams per second ("g/s"). Subtracting the 363-day construction period from the total residential duration of 30 years, we assumed that after Project construction, the sensitive receptor would be exposed to the Project's operational DPM for an additional 29.01 years. The EA's operational CaIEEMod emissions indicate that operational activities will generate approximately 340 pounds of DPM per year throughout operation. Applying the same equation used to estimate the construction DPM rate, we estimated the following emission rate for Project operation: grams 340.0 lbs 453.6 grams 1 day 1 hour Emission Rate ( = x x x = 0.00489 g/s (second) 365 days lbs 24 hours 3,600 seconds 5 "AERSCREEN Released as the EPA Recommended Screening Model," U.S. EPA, April 2011, available at: httD://www.er)a.2ov/ttn/scram/guidance/clarification/20110411 AERSCREEN Release Memo.pdf 6 "Risk Assessment Guidelines: Guidance Manual for Preparation of Health Risk Assessments." OEHHA, February 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf. I "Health Risk Assessments for Proposed Land Use Projects." CAPCOA, July 2009, available at: httr)://www.caDcoa.ore/wD-content/uploads/2012/03/CAPCOA HRA LU Guidelines 8-6-09.pdf. 8 "Risk Assessment Guidelines: Guidance Manual for Preparation of Health Risk Assessments." OEHHA, February 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf, p. 8-18. ' See Attachment A for health risk calculations. City Council 41 — 327 12/20/2022 Using this equation, we estimated an operational emission rate of 0.00489 g/s. Construction and operation were simulated as a 5.13-acre rectangular area source in AERSCREEN, with approximate dimensions of 204- by 102-meters. A release height of three meters was selected to represent the height of stacks of operational equipment and other heavy-duty vehicles, and an initial vertical dimension of one and a half meters was used to simulate instantaneous plume dispersion upon release. An urban meteorological setting was selected with model -default inputs for wind speed and direction distribution. The population of Santa Ana was obtained from U.S. 2020 Census data.10 The AERSCREEN model generates maximum reasonable estimates of single -hour DPM concentrations from the Project Site. The U.S. EPA suggests that the annualized average concentration of an air pollutant be estimated by multiplying the single -hour concentration by 10% in screening procedures.11 According to the Air Quality Assessment ("AQA"), provided as Appendix A to the EA, the nearest sensitive receptor is located 700 feet, or 213 meters, from the Project site (p. 9). Thus, the single -hour concentration estimated by AERSCREEN for Project construction is approximately 1.049 µg/m3 DPM at approximately 200 meters downwind. Multiplying this single -hour concentration by 10%, we get an annualized average concentration of 0.1049 µg/m3 for Project construction at the MEIR. For Project operation, the single -hour concentration estimated by AERSCREEN is 2.849 µg/m3 DPM at approximately 200 meters downwind. Multiplying this single -hour concentration by 10%, we get an annualized average concentration of 0.2849 µg/m3 for Project operation at the MEIR. We calculated the excess cancer risk to the MEIR using applicable HRA methodologies prescribed by OEHHA, as recommended by SCAQMD.12 Specifically, guidance from OEHHA and the California Air Resources Board ("CARB") recommends the use of a standard point estimate approach, including high - point estimate (i.e. 95th percentile) breathing rates and age sensitivity factors ("ASF") in order to account for the increased sensitivity to carcinogens during early -in -life exposure and accurately assess risk for susceptible subpopulations such as children. The residential exposure parameters, such as the daily breathing rates ("BR/BW"), exposure duration ("ED"), age sensitivity factors ("ASF"), fraction of time at home ("FAH"), and exposure frequency ("EF") utilized for the various age groups in our screening -level HRA are as follows: 10 "Santa Anna." U.S. Census Bureau, 2020, available at: https://datacommons.org/place/geold/0669000. 11 "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources Revised." U.S. EPA, October 1992, available at: http://www.epa.gov/ttn/scram/guidance/guide/EPA-454R-92-019 OCR.pdf. 12 "AB 2588 and Rule 1402 Supplemental Guidelines." SCAQMD, October 2020, available at: http://www.agmd.gov/docs/default-source/planning/risk-assessment/ab-2588-supplemental- guidelines.pdf?sfvrsn=19, p. 2. City Council 41 — 328 12/20/2022 Exposure Assumptions for Residential Individual Cancer Risk Breathing Age Exposure Fraction of Exposure Exposure Age Group Rate Sensitivity Duration Time at Frequency Time (L/kg-day)13 Factor" (years) Homely (days/year)16 (hours/day) 3rd Trimester 361 10 0.25 1 350 24 Infant (0 - 2) 1090 10 2 1 350 24 Child (2 - 16) 572 3 14 1 350 24 Adult (16 - 30) 261 1 14 0.73 350 24 For the inhalation pathway, the procedure requires the incorporation of several discrete variates to effectively quantify do se for each age group. Once determined, contaminant dose is multiplied by the cancer potency factor ("CPF") in units of inverse dose expressed in milligrams per kilogram per day (mg/kg/day-1) to derive the cancer risk estimate. Therefore, to assess exposures, we utilized the following dose algorithm: BR DOSeAIR,per age group = Cair X EF X IBW I X A X CF where: DoseA,R = dose by inhalation (mg/kg/day), per age group Cair = concentration of contaminant in air (µg/m3) EF = exposure frequency (number of days/365 days) BR/BW = daily breathing rate normalized to body weight (L/kg/day) A = inhalation absorption factor (default = 1) CF = conversion factor (1x10-6, µg to mg, L to m3) To calculate the overall cancer risk, we used the following equation for each appropriate age group: ED Cancer RiskAIR = DOseAIR x CPF x ASF x FAH x AT 13 "Supplemental Guidelines for Preparing Risk Assessments for the Air Toxics 'Hot Spots' Information and Assessment Act." SCAQMD, October 2020, available at: http://www.agmd.gov/docs/default-source/planning/risk- assessment/ab-2588-supplemental-guidelines.pdf?sfvrsn=19, p. 19; see also "Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments." OEHHA, February 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf. 11 "Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments." OEHHA, February 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf, p. 8-5 Table 8.3. " "Risk Assessment Procedures." SCAQMD, August 2017, available at: http://www.agmd.gov/docs/default- source/rule-book/Proposed-Rules/1401/riskassessmentprocedures 2017 080717.pdf, p. 7. 16 "Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments." OEHHA, February 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf, p. 5-24. City Council 41 — 329 12/20/2022 where: DoseAiR = dose by inhalation (mg/kg/day), per age group CPF = cancer potency factor, chemical -specific (mg/kg/day)-1 ASF = age sensitivity factor, per age group FAH = fraction of time at home, per age group (for residential receptors only) ED = exposure duration (years) AT = averaging time period over which exposure duration is averaged (always 70 years) Consistent with the 363-day construction schedule, the annualized average concentration for construction was used for the entire third trimester of pregnancy (0.25 years), and the first 0.74 years of the infantile stage of life (0 — 2 years). The annualized average concentration for operation was used for the remainder of the 30-year exposure period, which makes up the latter 1.26 years of the infantile stage of life, as well as the entire child (2 —16) and adult (16 — 30 years) stages of life. The results of our calculations are shown in the table below. The Maximally Exposed Individual at an Existing Residential Receptor Concentration Age Group Emissions Source Duration (years) Cancer Risk (ug/m3) 3rd Trimester Construction 0.25 0.1049 1.43E-06 Construction 0.74 0.1049 1.28E-05 Operation 1.26 0.2849 5.87E-05 Infant (0 - 2) Total 2 7.16E-05 Child (2 - 16) Operation 14 0.2849 1.03E-04 Adult (16 - 30) Operation 14 0.2849 1.15E-05 Lifetime 30 1.88E-04 As demonstrated in the table above, the excess cancer risks for the 3d trimester of pregnancy, infants, children, and adults at the MEIR located approximately 200 meters away, over the course of Project construction and operation, are approximately 1.43, 71.6, 103, and 11.5 in one million, respectively. The excess cancer risk over the course of a residential lifetime (30 years) is approximately 188 in one million. The infant, child, adult, and lifetime cancer risks exceed the SCAQMD threshold of 10 in one million, thus resulting in a potentially significant impact not previously addressed or identified by the EA. Our analysis represents a screening -level HRA, which is known to be conservative and tends to err on the side of health protection. The purpose of the screening -level HRA is to demonstrate the potential link between Project -generated emissions and adverse health risk impacts. According to the U.S. EPA: City Council 41 — 330 12/20/2022 "EPA's Exposure Assessment Guidelines recommend completing exposure assessments iteratively using a tiered approach to 'strike a balance between the costs of adding detail and refinement to an assessment and the benefits associated with that additional refinement' (U.S. EPA, 1992). In other words, an assessment using basic tools (e.g., simple exposure calculations, default values, rules of thumb, conservative assumptions) can be conducted as the first phase (or tier) of the overall assessment (i.e., a screening -level assessment). The exposure assessor or risk manager can then determine whether the results of the screening - level assessment warrant further evaluation through refinements of the input data and exposure assumptions or by using more advanced models." As demonstrated above, screening -level analyses warrant further evaluation in a refined modeling approach. Thus, as our screening -level HRA demonstrates that construction and operation of the Project could result in a potentially significant health risk impact, an EIR should be prepared to include a refined health risk analysis which adequately and accurately evaluates health risk impacts associated with both Project construction and operation. Greenhouse Gas Failure to Adequately Evaluate Greenhouse Gas Impacts The Project claims an exemption from the California Environmental Quality Act ("CEQA") pursuant to Guidelines Section 15183. Specifically, the Staff Report states: "Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to 15183 of the CEQA Guidelines. This type of exemption analysis evaluates whether the potential environmental impacts of the proposed demolition of three office buildings, which total 105,558 square feet, and construction of a new 91,500 square foot light industrial warehousing building that would accommodate two tenants are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). As set forth in California Public Resources Code (PRC) Section 21083.3 and State CEQA Guidelines Section 15183, projects that are "consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site" (State CEQA Guidelines Section 15183(a) and PRC Section 21083.3(b)). The State CEQA Guidelines further state that "[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards [... ] then an additional EIR need not be prepared for the project solely on the basis of that impact" (State CEQA Guidelines Section 15183(c))" (p. 2-6 — 2-7). City Council 41 — 331 12/20/2022 As demonstrated above, a Project is ineligible for an exemption pursuant to CEQA Guidelines § 15183 if "there are project -specific significant effects which are peculiar to the project or its site." The City determined that the Project would not result in any new significant effects not discussed in the GPU EIR. Furthermore, the EA concludes the Project would have a less -than -significant greenhouse gas ("GHG") impact (p. 2-99 — 2-100). However, these claims are incorrect and subsequent environmental review is required pursuant to CEQA Guidelines 15183, as the Project's GHG analysis is insufficient for the following two reasons: (1) The EA's GHG analysis relies upon an outdated quantitative GHG threshold; and (2) The EA's GHG analysis fails to identify a potentially significant GHG impact. 1) Incorrect Reliance on an Outdated Quantitative GHG Threshold The EA estimates that the Project would generate net annual greenhouse gas ("GHG") emissions of 1,668 metric tons of carbon dioxide equivalents per year ("MT CO2e/year"), which would not exceed the SCAQMD threshold of 3,000 MT CO2e/year (see excerpt below) (p. 2-99, Table GHG-2). Table GHG-2: Proposed Project GHG Emissions Emissions Source MTCO2e per Year Area 0 Energy 121 ?,doh ile 806 Off-ro<i d 625 Waste 22 Water 78 Amortized Construction Emissions 16 Total Annual Pro'ect GHG Emissions 1,668 Threshold 3,000 Exceeds Threshold? No Source: GHG Assessment (Appendix F) However, the guidance that provided the 3,000 MT CO2e/year threshold, the SCAQMD's 2008 Interim CEQA GHG Significance Threshold for Stationary Sources, Rules, and Plans report, was developed when the Global Warming Solutions Act of 2006, commonly known as "AB 32", was the governing statute for GHG reductions in California. AB 32 requires California to reduce GHG emissions to 1990 levels by 2020.17 Furthermore, AEP guidance states: 17 "Health & Safety Code 38550." California State Legislature, January 2007, available at: https://Ieginfo.legislature.ca.gov/faces/codes displaySection.xhtml?lawCode=HSC&sectionNum=38550. City Council 41 — 332 12/20/2022 "[F]or evaluating projects with a post 2020 horizon, the threshold will need to be revised based on a new gap analysis that would examine 17 development and reduction potentials out to the next GHG reduction milestone."1' As it is currently September 2022, thresholds for 2020 are not applicable to the proposed Project and should be revised to reflect the current GHG reduction target. As such, the SCAQMD bright -line threshold of 3,000 MT CO2e/year is outdated and inapplicable to the proposed Project, and the EA's less -than -significant GHG impact conclusion should not be relied upon. Instead, we recommend that the Project apply the SCAQMD 2035 service population efficiency target of 3.0 metric tons of carbon dioxide equivalents per service population per year ("MT CO2e/SP/year"), which was calculated by applying a 40% reduction to the 2020 targets.19 2) Failure to Identify a Potentially Significant GHG Impact In an effort to quantitatively evaluate the Project's GHG emissions, we compared the Project's GHG emissions, as estimated by the EA, to the SCAQMD 2035 efficiency target of 3.0 MT CO2e/SP/year. When applying this threshold, the Project's air model indicates a potentially significant GHG impact. As previously stated, the EA estimates that the Project would generate net annual GHG emissions of 1,668 MT CO2e/year (p. 2-99, Table GHG-2). According to CAPCOA's CEQA & Climate Change report, a service population ("SP") is defined as "the sum of the number of residents and the number of jobs supported by the project ."2' The EA indicates that the Project would generate approximately 114 jobs (p. 2-124). As the proposed Project does not include any residential land uses, we estimate a SP of 114 people. When dividing the Project's net annual GHG emissions, as estimated by the EA, by a SP of 114 people, we find that the Project would emit approximately 14.6 MT CO2e/SP/year (see table below).21 EA Greenhouse Gas Emissions Annual Emissions (MT CO2e/year) 1,668 Service Population 114 Service Population Efficiency (MT CO2e/SP/year) 14.6 SCAQMD 2035 Target 3.0 Exceeds? Yes 18 "Beyond Newhall and 2020: A Field Guide to New CEQA Greenhouse Gas Thresholds and Climate Action Plan Targets for California." Association of Environmental Professionals (AEP), October 2016, available at: https://califaep.org/docs/AEP-2016 Final White Paper.pdf, p. 39. 19 "Minutes for the GHG CEQA Significance Threshold Stakeholder Working Group #15." SCAQMD, September 2010, available at: http://www.agmd.gov/docs/default-source/cega/handbook/greenhouse-gases-(ghg)-cega- significance-thresholds/year-2008-2009/ghg-meeting-15/ghg-meeting-15-minutes.pdf, p. 2. 20 "CEQA & Climate Change." California Air Pollution Control Officers Association (CAPCOA), January 2008, available at: http://www.capcoa.org/wp-content/uploads/2012/03/CAPCOA-White-Paper.pdf, p. 71-72. 21 Calculated: (1,668 MT CO2e/year) / (114 service population) = (14.6 MT CO2e/SP/year). City Council 41 — 333 12/20/2022 As demonstrated above, the Project's service population efficiency value, as estimated by the EA's provided net annual GHG emission estimates and SP, exceeds the SCAQMD 2035 efficiency target of 3.0 MT COze/SP/year, indicating a potentially significant impact not previously identified or addressed by the EA. As a result, the EA's less -than -significant GHG impact conclusion should not be relied upon. Thus, pursuant to CEQA Guidelines § 15183, an EIR should be prepared, including an updated GHG analysis and incorporating additional mitigation measures to reduce the Project's GHG emissions to less -than - significant levels. Mitigation Feasible Mitigation Measures Available to Reduce Emissions Our analysis demonstrates that the Project would result in potentially significant health risk and GHG impacts that should be mitigated further. In an effort to reduce the Project's emissions, we identified several mitigation measures that are applicable to the proposed Project. Feasible mitigation measures can be found in the Department of Justice Warehouse Project Best Practices document." Therefore, to reduce the Project's emissions, consideration of the following measures should be made: • Requiring off -road construction equipment to be zero -emission, where available, and all diesel - fueled off -road construction equipment, to be equipped with CARB Tier IV -compliant engines or better, and including this requirement in applicable bid documents, purchase orders, and contracts, with successful contractors demonstrating the ability to supply the compliant construction equipment for use prior to any ground -disturbing and construction activities. • Prohibiting off -road diesel -powered equipment from being in the "on" position for more than 10 hours per day. • Requiring on -road heavy-duty haul trucks to be model year 2010 or newer if diesel -fueled. • Providing electrical hook ups to the power grid, rather than use of diesel -fueled generators, for electric construction tools, such as saws, drills and compressors, and using electric tools whenever feasible. • Limiting the amount of daily grading disturbance area. • Prohibiting grading on days with an Air Quality Index forecast of greater than 100 for particulates or ozone for the project area. • Forbidding idling of heavy equipment for more than two minutes. • Keeping onsite and furnishing to the lead agency or other regulators upon request, all equipment maintenance records and data sheets, including design specifications and emission control tier classifications. • Conducting an on -site inspection to verify compliance with construction mitigation and to identify other opportunities to further reduce construction impacts. • Using paints, architectural coatings, and industrial maintenance coatings that have volatile organic compound levels of less than 10 g/L. zz "Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act." State of California Department of Justice, available at: https://oag.ca.gov/sites/all/files/agweb/pdfs/environment/warehouse-best-practices.pdf, p. 6 — 9. City Council 41 — 334 12/20/2022 • Providing information on transit and ridesharing programs and services to construction employees. • Providing meal options onsite or shuttles between the facility and nearby meal destinations for construction employees. • Requiring that all facility -owned and operated fleet equipment with a gross vehicle weight rating greater than 14,000 pounds accessing the site meet or exceed 2010 model -year emissions equivalent engine standards as currently defined in California Code of Regulations Title 13, Division 3, Chapter 1, Article 4.5, Section 2025. Facility operators shall maintain records on -site demonstrating compliance with this requirement and shall make records available for inspection by the local jurisdiction, air district, and state upon request. • Requiring all heavy-duty vehicles entering or operated on the project site to be zero -emission beginning in 2030. • Requiring on -site equipment, such as forklifts and yard trucks, to be electric with the necessary electrical charging stations provided. • Requiring tenants to use zero -emission light- and medium -duty vehicles as part of business operations. • Forbidding trucks from idling for more than two minutes and requiring operators to turn off engines when not in use. • Posting both interior- and exterior -facing signs, including signs directed at all dock and delivery areas, identifying idling restrictions and contact information to report violations to CARB, the air district, and the building manager. • Installing and maintaining, at the manufacturer's recommended maintenance intervals, air filtration systems at sensitive receptors within a certain radius of facility for the life of the project. • Installing and maintaining, at the manufacturer's recommended maintenance intervals, an air monitoring station proximate to sensitive receptors and the facility for the life of the project, and making the resulting data publicly available in real time. While air monitoring does not mitigate the air quality or greenhouse gas impacts of a facility, it nonetheless benefits the affected community by providing information that can be used to improve air quality or avoid exposure to unhealthy air. • Constructing electric truck charging stations proportional to the number of dock doors at the project. • Constructing electric plugs for electric transport refrigeration units at every dock door, if the warehouse use could include refrigeration. • Constructing electric light -duty vehicle charging stations proportional to the number of parking spaces at the project. • Installing solar photovoltaic systems on the project site of a specified electrical generation capacity, such as equal to the building's projected energy needs. • Requiring all stand-by emergency generators to be powered by a non -diesel fuel. • Requiring facility operators to train managers and employees on efficient scheduling and load management to eliminate unnecessary queuing and idling of trucks. tt City Council 41 — 335 12/20/2022 • Requiring operators to establish and promote a rideshare program that discourages single - occupancy vehicle trips and provides financial incentives for alternate modes of transportation, including carpooling, public transit, and biking. • Meeting CalGreen Tier 2 green building standards, including all provisions related to designated parking for clean air vehicles, electric vehicle charging, and bicycle parking. • Achieving certification of compliance with LEED green building standards. • Providing meal options onsite or shuttles between the facility and nearby meal destinations. • Posting signs at every truck exit driveway providing directional information to the truck route. • Improving and maintaining vegetation and tree canopy for residents in and around the project area. • Requiring that every tenant train its staff in charge of keeping vehicle records in diesel technologies and compliance with CARB regulations, by attending CARB-approved courses. Also require facility operators to maintain records on -site demonstrating compliance and make records available for inspection by the local jurisdiction, air district, and state upon request. • Requiring tenants to enroll in the United States Environmental Protection Agency's SmartWay program, and requiring tenants to use carriers that are SmartWay carriers. • Providing tenants with information on incentive programs, such as the Carl Moyer Program and Voucher Incentive Program, to upgrade their fleets. These measures offer a cost-effective, feasible way to incorporate lower -emitting design features into the proposed Project, which subsequently, reduce emissions released during Project construction and operation. An EIR should be prepared to include all feasible mitigation measures, as well as include updated health risk and GHG analyses to ensure that the necessary mitigation measures are implemented to reduce emissions to below thresholds. The EIR should also demonstrate a commitment to the implementation of these measures prior to Project approval, to ensure that the Project's significant emissions are reduced to the maximum extent possible. Disclaimer SWAPE has received limited discovery regarding this project. Additional information may become available in the future; thus, we retain the right to revise or amend this report when additional information becomes available. Our professional services have been performed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable environmental consultants practicing in this or similar localities at the time of service. No other warranty, expressed or implied, is made as to the scope of work, work methodologies and protocols, site conditions, analytical testing results, and findings presented. This report reflects efforts which were limited to information that was reasonably accessible at the time of the work, and may contain informational gaps, inconsistencies, or otherwise be incomplete due to the unavailability or uncertainty of information obtained or provided by third parties. Sincerely, City Council 41 — 336 12/20/2022 - Matt Hagemann, P.G., C.Hg. (' I C" p A Paul E. Rosenfeld, Ph.D. Attachment A: Health Risk Calculations Attachment B: AERSCREEN Output Files Attachment C: Matt Hagemann CV Attachment D: Paul Rosenfeld CV City Council 41 — 337 12/20/2022 Appendix A Construction Operation 2021 Emission Rate Annual Emissions (tons/year) 0.0792 Annual Emissions (tons/year) 0.17 Daily Emissions (Ibs/day) 0.433972603 Daily Emissions (Ibs/day) 0.931506849 Construction Duration (days) 184 Total DPM (Ibs) 340 Total DPM (Ibs) 79.8509589 Emission Rate (g/s) F 0.004890411 Total DPM (g) 36220.39496 Release Height (meters) 3 Start Date 7/1/20211 Total Acreage 5.13 End Date 1/1/2022 Construction Days 2022 184 Annual Emissions (tons/year) 0.0456 Daily Emissions (Ibs/day) 0.249863014 Construction Duration (days) 179 Total DPM (Ibs) 44.72547945 Total DPM (g) 20287.47748 Start Date 1/1/2022 End Date 6/29/2022 Construction Days 179 Total Total DPM (Ibs) 124.5764384 Total DPM (g) 56507.87244 Emission Rate (g/s) 0.001801725 Release Height (meters) 3 Total Acreage 5.13 Max Horizontal (meters) 203.77 Min Horizontal (meters) 101.88 Initial Vertical Dimension (meters) 1.5 Setting Urban Population 309,441 Start Date 7/1/2021 End Date F 6/29/2022 Total Construction Days 363 Total Years of Construction 0.99 Total Years of Operation 29.01 Max Horizontal (meters) 203.77 Min Horizontal (meters) 101.88 Initial Vertical Dimension (meters) 1.5 Setting Urban Population 309,441 City Council 41 — 338 12/20/2022 Appendix B Start date and time 09/20/22 13:21:17 AERSCREEN 21112 Gary Avenue Business Park, Construction Gary Avenue Business Park, Construction ----------------- DATA ENTRY VALIDATION ----------------- METRIC ENGLISH ** AREADATA ** --------------- Emission Rate: 0.180E-02 g/s Area Height: 3.00 meters Area Source Length: 203.77 meters Area Source Width: 101.88 meters Vertical Dimension: 1.50 meters Model Mode: URBAN Population: 309441 0.143E-01 lb/hr 9.84 feet 668.54 feet 334.25 feet 4.92 feet Dist to Ambient Air: 1.0 meters ** BUILDING DATA ** 3. feet City Council 41 — 339 12/20/2022 No Building Downwash Parameters ** TERRAIN DATA ** No Terrain Elevations Source Base Elevation: 0.0 meters 0.0 feet Probe distance: 5000. meters 16404. feet No flagpole receptors No discrete receptors used ** FUMIGATION DATA ** No fumigation requested ** METEOROLOGY DATA ** Min/Max Temperature: 250.0 / 310.0 K -9.7 / 98.3 Deg F Minimum Wind Speed: 0.5 m/s City Council 41 — 340 12/20/2022 Anemometer Height: 10.000 meters Dominant Surface Profile: Urban Dominant Climate Type: Average Moisture Surface friction velocity (u*): not adjusted DEBUG OPTION ON AERSCREEN output file: 2022.09.20_AERSCREEN_GaryAveBusinessPark_Construction.out *** AERSCREEN Run is Ready to Begin No terrain used, AERMAP will not be run ************************************************** SURFACE CHARACTERISTICS & MAKEMET Obtaining surface characteristics... City Council 41 — 341 12/20/2022 Using AERMET seasonal surface characteristics for Urban with Average Moisture Season Albedo Bo zo Winter 0.35 1.50 1.000 Spring 0.14 1.00 1.000 Summer 0.16 2.00 1.000 Autumn 0.18 2.00 1.000 Creating met files aerscreen_01_01.sfc & aerscreen_01_01.pfl Creating met files aerscreen_02_01.sfc & aerscreen_02_01.pfl Creating met files aerscreen_03_01.sfc & aerscreen_03_01.pfl Creating met files aerscreen_04_01.sfc & aerscreen_04_01.pfl Buildings and/or terrain present or rectangular area source, skipping probe FLOWSECTOR started 09/20/22 13:25:18 ******************************************** Running AERMOD Processing Winter Processing surface roughness sector 1 City Council 41 — 342 12/20/2022 ***************************************************** Processing wind flow sector 1 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Winter sector 0 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 2 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Winter sector 5 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 3 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Winter sector 10 ******** WARNING MESSAGES ******** *** NONE *** City Council 41 — 343 12/20/2022 ***************************************************** Processing wind flow sector 4 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Winter sector 15 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 5 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Winter sector 20 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 6 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Winter sector 25 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** City Council 41 — 344 12/20/2022 Processing wind flow sector 7 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Winter sector 30 ******** WARNING MESSAGES ******** *** NONE *** ******************************************** Running AERMOD Processing Spring Processing surface roughness sector 1 ***************************************************** Processing wind flow sector 1 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Spring sector 0 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 2 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Spring sector 5 City Council 41 — 345 12/20/2022 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 3 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Spring sector 10 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 4 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Spring sector 15 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 5 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Spring sector 20 City Council 41 — 346 12/20/2022 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 6 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Spring sector 25 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 7 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Spring sector 30 ******** WARNING MESSAGES ******** *** NONE *** ******************************************** Running AERMOD Processing Summer Processing surface roughness sector 1 City Council 41 — 347 12/20/2022 ***************************************************** Processing wind flow sector 1 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Summer sector 0 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 2 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Summer sector 5 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 3 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Summer sector 10 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** City Council 41 — 348 12/20/2022 Processing wind flow sector 4 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Summer sector 15 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 5 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Summer sector 20 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 6 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Summer sector 25 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 7 City Council 41 — 349 12/20/2022 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Summer sector 30 ******** WARNING MESSAGES ******** *** NONE *** ******************************************** Running AERMOD Processing Autumn Processing surface roughness sector 1 ***************************************************** Processing wind flow sector 1 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Autumn sector 0 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 2 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Autumn sector 5 City Council 41 — 350 12/20/2022 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 3 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Autumn sector 10 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 4 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Autumn sector 15 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 5 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Autumn sector 20 ******** WARNING MESSAGES ******** City Council 41 — 351 12/20/2022 *** NONE *** ***************************************************** Processing wind flow sector 6 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Autumn sector 25 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 7 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Autumn sector 30 ******** WARNING MESSAGES ******** *** NONE *** FLOWSECTOR ended 09/20/22 13:25:28 REFINE started 09/20/22 13:25:28 AERMOD Finishes Successfully for REFINE stage 3 Winter sector 0 ******** WARNING MESSAGES ******** City Council 41 — 352 12/20/2022 *** NONE *** REFINE ended 09/20/22 13:25:29 ********************************************** AERSCREEN Finished Successfully With no errors or warnings Check log file for details *********************************************** Ending date and time 09/20/22 13:25:30 City Council 41 — 353 12/20/2022 Concentration Distance Elevation Diag Season/Month Zo sector Date H0 U* W* DT/DZ ZICNV ZIMCH M-0 LEN Z0 BOWEN ALBEDO REF WS HT REF TA HT 0.21811E+01 1.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.23810E+01 25.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.25483E+01 50.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.26879E+01 75.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.28382E+01 100.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 * 0.28493E+01 103.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.21693E+01 125.00 0.00 20.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.15454E+01 150.00 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.12544E+01 175.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.10495E+01 200.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.89655E+00 225.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.77806E+00 250.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.68454E+00 275.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.60894E+00 300.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.54643E+00 325.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.49474E+00 350.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 City Council 41 - 354 12/20/2022 310.0 2.0 0.45072E+00 375.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.41319E+00 400.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.38070E+00 425.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.35233E+00 450.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.32761E+00 475.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.30590E+00 500.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.28629E+00 525.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.26873E+00 550.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.25302E+00 575.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.23890E+00 600.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.22613E+00 625.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.21443E+00 650.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.20373E+00 675.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.19395E+00 700.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.18497E+00 725.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.17666E+00 750.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.16897E+00 775.00 0.00 0.0 Winter 0-360 10011001 City Council 41 - 355 12/20/2022 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.16186E+00 800.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.15526E+00 825.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14912E+00 850.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14333E+00 875.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.13793E+00 900.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.13288E+00 925.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.12815E+00 950.01 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.12370E+00 975.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.11952E+00 1000.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.11558E+00 1025.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.11186E+00 1050.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.10835E+00 1075.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.10503E+00 1100.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.10189E+00 1125.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.98893E-01 1150.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.96044E-01 1175.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 City Council 41 - 356 12/20/2022 0.93336E-01 1200.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.90760E-01 1225.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.88304E-01 1250.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.85947E-01 1275.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.83698E-01 1300.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.81549E-01 1325.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.79495E-01 1350.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.77530E-01 1375.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.75650E-01 1400.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.73850E-01 1425.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.72121E-01 1450.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.70460E-01 1475.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.68866E-01 1500.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.67333E-01 1525.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.65860E-01 1550.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.64441E-01 1575.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.63076E-01 1600.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 City Council 41 - 357 12/20/2022 310.0 2.0 0.61759E-01 1625.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.60491E-01 1650.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.59267E-01 1675.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.58086E-01 1700.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.56945E-01 1725.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.55843E-01 1750.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.54775E-01 1775.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.53743E-01 1800.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.52746E-01 1825.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.51781E-01 1850.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.50847E-01 1875.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.50272E-01 1900.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.49380E-01 1925.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.48514E-01 1950.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.47675E-01 1975.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.46860E-01 2000.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.46069E-01 2025.00 0.00 0.0 Winter 0-360 10011001 City Council 41 - 358 12/20/2022 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.45301E-01 2050.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.44555E-01 2075.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.43830E-01 2100.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.43125E-01 2125.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.42440E-01 2150.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.41773E-01 2175.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.41124E-01 2200.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.40493E-01 2225.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.39878E-01 2250.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.39279E-01 2275.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.38695E-01 2300.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.38126E-01 2325.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.37572E-01 2350.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.37031E-01 2375.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.36504E-01 2400.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.35990E-01 2425.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 City Council 41 - 359 12/20/2022 0.35488E-01 2450.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.34998E-01 2475.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.34519E-01 2500.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.34052E-01 2525.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.33596E-01 2550.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.33150E-01 2575.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.32714E-01 2600.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.32289E-01 2625.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.31872E-01 2650.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.31465E-01 2675.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.31067E-01 2700.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.30677E-01 2725.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.30296E-01 2750.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.29923E-01 2775.00 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.29558E-01 2800.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.29200E-01 2825.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.28850E-01 2850.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 City Council 41 - 360 12/20/2022 310.0 2.0 0.28508E-01 2875.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.28172E-01 2900.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.27842E-01 2925.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.27520E-01 2950.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.27204E-01 2975.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.26894E-01 3000.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.26590E-01 3025.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.26292E-01 3050.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.26000E-01 3074.99 0.00 20.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.25714E-01 3100.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.25432E-01 3125.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.25157E-01 3150.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.24886E-01 3175.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.24620E-01 3200.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.24359E-01 3225.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.24103E-01 3250.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.23852E-01 3275.00 0.00 0.0 Winter 0-360 10011001 City Council 41 - 361 12/20/2022 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.23605E-01 3300.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.23362E-01 3325.00 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.23124E-01 3350.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.22890E-01 3375.00 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.22660E-01 3400.00 0.00 20.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.22434E-01 3425.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.22212E-01 3450.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.21993E-01 3475.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.21778E-01 3500.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.21567E-01 3525.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.21360E-01 3550.00 0.00 25.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.21156E-01 3575.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.20955E-01 3600.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.20757E-01 3625.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.20563E-01 3650.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.20372E-01 3675.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 City Council 41 - 362 12/20/2022 0.20184E-01 3700.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.19999E-01 3725.00 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.19816E-01 3750.00 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.19637E-01 3775.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.19460E-01 3800.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.19287E-01 3825.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.19116E-01 3849.99 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.18947E-01 3875.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.18781E-01 3900.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.18617E-01 3925.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.18457E-01 3950.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.18298E-01 3975.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.18142E-01 4000.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.17988E-01 4025.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.17836E-01 4050.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.17686E-01 4075.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.17539E-01 4100.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 City Council 41 - 363 12/20/2022 310.0 2.0 0.17394E-01 4125.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.17250E-01 4150.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.17109E-01 4175.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.16970E-01 4200.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.16833E-01 4225.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.16697E-01 4250.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.16564E-01 4275.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.16432E-01 4300.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.16303E-01 4325.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.16175E-01 4350.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.16048E-01 4375.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.15924E-01 4400.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.15801E-01 4425.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.15679E-01 4450.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.15560E-01 4475.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.15442E-01 4500.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.15325E-01 4525.00 0.00 0.0 Winter 0-360 10011001 City Council 41 - 364 12/20/2022 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.15210E-01 4550.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.15096E-01 4575.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14984E-01 4600.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14873E-01 4625.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14764E-01 4650.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14656E-01 4675.00 0.00 20.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14550E-01 4700.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14445E-01 4725.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14341E-01 4750.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14238E-01 4775.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14137E-01 4800.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14037E-01 4825.00 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.13938E-01 4850.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.13840E-01 4875.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.13744E-01 4900.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.13648E-01 4925.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 City Council 41 - 365 12/20/2022 0.13554E-01 4950.00 -1.30 0.043 -9.000 0.020 -999. 310.0 2.0 0.13461E-01 4975.00 -1.30 0.043 -9.000 0.020 -999. 310.0 2.0 0.13369E-01 5000.00 -1.30 0.043 -9.000 0.020 -999. 310.0 2.0 0.00 0.0 Winter 21. 6.0 1.000 1.50 0.00 0.0 Winter 21. 6.0 1.000 1.50 0.00 0.0 Winter 21. 6.0 1.000 1.50 a .o 10011001 i 0.50 10. G 0-360 10011001 0.35 0.50 10.0 0-360 10011001 0.35 0.50 10.0 City Council 41 - 366 12/20/2022 Start date and time 09/20/22 13:25:41 AERSCREEN 21112 Gary Avenue Business Park, Operation Gary Avenue Business Park, Operation ----------------- DATA ENTRY VALIDATION ----------------- METRIC ENGLISH ** AREADATA ** --------------- Emission Rate: 0.489E-02 g/s Area Height: 3.00 meters Area Source Length: 203.77 meters Area Source Width: 101.88 meters Vertical Dimension: 1.50 meters Model Mode: URBAN Population: 309441 0.388E-01 lb/hr 9.84 feet 668.54 feet 334.25 feet 4.92 feet Dist to Ambient Air: 1.0 meters ** BUILDING DATA ** 3. feet City Council 41 — 367 12/20/2022 No Building Downwash Parameters ** TERRAIN DATA ** No Terrain Elevations Source Base Elevation: 0.0 meters 0.0 feet Probe distance: 5000. meters 16404. feet No flagpole receptors No discrete receptors used ** FUMIGATION DATA ** No fumigation requested ** METEOROLOGY DATA ** Min/Max Temperature: 250.0 / 310.0 K -9.7 / 98.3 Deg F Minimum Wind Speed: 0.5 m/s City Council 41 — 368 12/20/2022 Anemometer Height: 10.000 meters Dominant Surface Profile: Urban Dominant Climate Type: Average Moisture Surface friction velocity (u*): not adjusted DEBUG OPTION ON AERSCREEN output file: 2022.09.20_AERSCREEN_GaryAveBusinessPark_Operation.out *** AERSCREEN Run is Ready to Begin No terrain used, AERMAP will not be run ************************************************** SURFACE CHARACTERISTICS & MAKEMET Obtaining surface characteristics... City Council 41 — 369 12/20/2022 Using AERMET seasonal surface characteristics for Urban with Average Moisture Season Albedo Bo zo Winter 0.35 1.50 1.000 Spring 0.14 1.00 1.000 Summer 0.16 2.00 1.000 Autumn 0.18 2.00 1.000 Creating met files aerscreen_01_01.sfc & aerscreen_01_01.pfl Creating met files aerscreen_02_01.sfc & aerscreen_02_01.pfl Creating met files aerscreen_03_01.sfc & aerscreen_03_01.pfl Creating met files aerscreen_04_01.sfc & aerscreen_04_01.pfl Buildings and/or terrain present or rectangular area source, skipping probe FLOWSECTOR started 09/20/22 13:32:12 ******************************************** Running AERMOD Processing Winter Processing surface roughness sector 1 City Council 41 — 370 12/20/2022 ***************************************************** Processing wind flow sector 1 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Winter sector 0 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 2 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Winter sector 5 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 3 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Winter sector 10 ******** WARNING MESSAGES ******** *** NONE *** City Council 41 — 371 12/20/2022 ***************************************************** Processing wind flow sector 4 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Winter sector 15 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 5 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Winter sector 20 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 6 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Winter sector 25 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** City Council 41 — 372 12/20/2022 Processing wind flow sector 7 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Winter sector 30 ******** WARNING MESSAGES ******** *** NONE *** ******************************************** Running AERMOD Processing Spring Processing surface roughness sector 1 ***************************************************** Processing wind flow sector 1 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Spring sector 0 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 2 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Spring sector 5 City Council 41 — 373 12/20/2022 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 3 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Spring sector 10 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 4 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Spring sector 15 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 5 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Spring sector 20 City Council 41 — 374 12/20/2022 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 6 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Spring sector 25 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 7 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Spring sector 30 ******** WARNING MESSAGES ******** *** NONE *** ******************************************** Running AERMOD Processing Summer Processing surface roughness sector 1 City Council 41 — 375 12/20/2022 ***************************************************** Processing wind flow sector 1 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Summer sector 0 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 2 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Summer sector 5 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 3 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Summer sector 10 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** City Council 41 — 376 12/20/2022 Processing wind flow sector 4 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Summer sector 15 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 5 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Summer sector 20 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 6 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Summer sector 25 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 7 City Council 41 — 377 12/20/2022 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Summer sector 30 ******** WARNING MESSAGES ******** *** NONE *** ******************************************** Running AERMOD Processing Autumn Processing surface roughness sector 1 ***************************************************** Processing wind flow sector 1 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Autumn sector 0 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 2 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Autumn sector 5 City Council 41 — 378 12/20/2022 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 3 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Autumn sector 10 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 4 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Autumn sector 15 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 5 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Autumn sector 20 ******** WARNING MESSAGES ******** City Council 41 — 379 12/20/2022 *** NONE *** ***************************************************** Processing wind flow sector 6 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Autumn sector 25 ******** WARNING MESSAGES ******** *** NONE *** ***************************************************** Processing wind flow sector 7 AERMOD Finishes Successfully for FLOWSECTOR stage 2 Autumn sector 30 ******** WARNING MESSAGES ******** *** NONE *** FLOWSECTOR ended 09/20/22 13:32:21 REFINE started 09/20/22 13:32:21 AERMOD Finishes Successfully for REFINE stage 3 Winter sector 0 ******** WARNING MESSAGES ******** City Council 41 — 380 12/20/2022 *** NONE *** REFINE ended 09/20/22 13:32:23 ********************************************** AERSCREEN Finished Successfully With no errors or warnings Check log file for details *********************************************** Ending date and time 09/20/22 13:32:24 City Council 41 — 381 12/20/2022 Concentration Distance Elevation Diag Season/Month Zo sector Date H0 U* W* DT/DZ ZICNV ZIMCH M-0 LEN Z0 BOWEN ALBEDO REF WS HT REF TA HT 0.59207E+01 1.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.64635E+01 25.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.69177E+01 50.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.72965E+01 75.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.77045E+01 100.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 * 0.77347E+01 103.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.58887E+01 125.00 0.00 20.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.41951E+01 150.00 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.34051E+01 175.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.28489E+01 200.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.24338E+01 225.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.21121E+01 250.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.18583E+01 275.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.16530E+01 300.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14834E+01 325.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.13430E+01 350.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 City Council 41 - 382 12/20/2022 310.0 2.0 0.12235E+01 375.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.11216E+01 400.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.10335E+01 425.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.95643E+00 450.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.88932E+00 475.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.83039E+00 500.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.77716E+00 525.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.72950E+00 550.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.68686E+00 575.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.64851E+00 600.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.61386E+00 625.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.58210E+00 650.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.55305E+00 675.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.52649E+00 700.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.50213E+00 725.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.47956E+00 750.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.45869E+00 775.00 0.00 0.0 Winter 0-360 10011001 City Council 41 - 383 12/20/2022 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.43938E+00 800.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.42147E+00 825.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.40480E+00 850.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.38909E+00 875.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.37443E+00 900.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.36071E+00 925.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.34787E+00 950.01 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.33580E+00 975.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.32444E+00 1000.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.31375E+00 1025.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.30366E+00 1050.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.29414E+00 1075.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.28513E+00 1100.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.27659E+00 1125.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.26846E+00 1150.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.26072E+00 1175.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 City Council 41 - 384 12/20/2022 0.25337E+00 1200.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.24638E+00 1225.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.23971E+00 1250.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.23331E+00 1275.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.22721E+00 1300.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.22137E+00 1325.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.21580E+00 1350.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.21046E+00 1375.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.20536E+00 1400.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.20047E+00 1425.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.19578E+00 1450.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.19127E+00 1475.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.18694E+00 1500.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.18278E+00 1525.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.17878E+00 1550.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.17493E+00 1575.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.17122E+00 1600.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 City Council 41 - 385 12/20/2022 310.0 2.0 0.16765E+00 1625.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.16421E+00 1650.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.16089E+00 1675.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.15768E+00 1700.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.15458E+00 1725.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.15159E+00 1750.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14869E+00 1775.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14589E+00 1800.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14319E+00 1825.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.14057E+00 1850.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.13803E+00 1875.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.13647E+00 1900.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.13405E+00 1925.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.13170E+00 1950.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.12942E+00 1975.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.12721E+00 2000.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.12506E+00 2025.00 0.00 0.0 Winter 0-360 10011001 City Council 41 - 386 12/20/2022 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.12297E+00 2050.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.12095E+00 2075.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.11898E+00 2100.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.11707E+00 2125.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.11521E+00 2150.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.11340E+00 2175.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.11164E+00 2200.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.10992E+00 2225.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.10825E+00 2250.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.10663E+00 2275.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.10504E+00 2300.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.10350E+00 2325.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.10199E+00 2350.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.10052E+00 2375.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.99094E-01 2400.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.97698E-01 2425.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 City Council 41 - 387 12/20/2022 0.96335E-01 2450.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.95005E-01 2475.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.93706E-01 2500.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.92438E-01 2525.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.91199E-01 2550.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.89989E-01 2575.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.88807E-01 2600.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.87651E-01 2625.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.86520E-01 2650.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.85415E-01 2675.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.84334E-01 2700.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.83277E-01 2725.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.82242E-01 2750.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.81229E-01 2775.00 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.80238E-01 2800.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.79267E-01 2825.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.78317E-01 2850.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 City Council 41 - 388 12/20/2022 310.0 2.0 0.77386E-01 2875.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.76475E-01 2900.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.75581E-01 2925.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.74706E-01 2950.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.73848E-01 2975.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.73007E-01 3000.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.72182E-01 3025.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.71373E-01 3050.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.70580E-01 3074.99 0.00 20.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.69802E-01 3100.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.69039E-01 3125.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.68290E-01 3150.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.67555E-01 3174.99 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.66834E-01 3199.99 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.66126E-01 3225.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.65431E-01 3250.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.64748E-01 3275.00 0.00 20.0 Winter 0-360 10011001 City Council 41 - 389 12/20/2022 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.64078E-01 3300.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.63419E-01 3325.00 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.62772E-01 3350.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.62137E-01 3375.00 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.61512E-01 3400.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.60899E-01 3425.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.60296E-01 3450.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.59703E-01 3475.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.59120E-01 3500.00 0.00 20.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.58547E-01 3525.00 0.00 25.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.57983E-01 3550.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.57429E-01 3575.00 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.56884E-01 3600.00 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.56348E-01 3625.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.55820E-01 3650.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.55302E-01 3675.00 0.00 20.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 City Council 41 - 390 12/20/2022 0.54791E-01 3700.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.54288E-01 3725.00 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.53794E-01 3750.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.53307E-01 3775.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.52827E-01 3800.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.52356E-01 3825.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.51891E-01 3849.99 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.51433E-01 3875.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.50983E-01 3900.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.50539E-01 3925.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.50102E-01 3950.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.49671E-01 3975.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.49247E-01 4000.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.48829E-01 4025.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.48417E-01 4050.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.48011E-01 4075.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.47611E-01 4100.00 0.00 25.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 City Council 41 - 391 12/20/2022 310.0 2.0 0.47217E-01 4125.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.46828E-01 4150.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.46445E-01 4175.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.46067E-01 4200.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.45694E-01 4225.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.45327E-01 4250.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.44965E-01 4275.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.44608E-01 4300.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.44255E-01 4325.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.43908E-01 4350.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.43565E-01 4375.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.43226E-01 4400.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.42893E-01 4425.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.42563E-01 4450.00 0.00 10.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.42238E-01 4475.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.41918E-01 4500.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.41601E-01 4525.00 0.00 0.0 Winter 0-360 10011001 City Council 41 - 392 12/20/2022 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.41289E-01 4550.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.40980E-01 4575.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.40676E-01 4600.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.40376E-01 4625.00 0.00 25.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.40079E-01 4650.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.39786E-01 4675.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.39497E-01 4700.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.39211E-01 4725.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.38929E-01 4750.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.38651E-01 4775.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.38376E-01 4800.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.38104E-01 4825.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.37836E-01 4850.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.37570E-01 4875.00 0.00 0.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.37308E-01 4900.00 0.00 5.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 0.37050E-01 4924.99 0.00 15.0 Winter 0-360 10011001 -1.30 0.043 -9.000 0.020 -999. 21. 6.0 1.000 1.50 0.35 0.50 10.0 310.0 2.0 City Council 41 - 393 12/20/2022 0.36794E-01 4950.00 -1.30 0.043 -9.000 0.020 -999. 310.0 2.0 0.36541E-01 4975.00 -1.30 0.043 -9.000 0.020 -999. 310.0 2.0 0.36291E-01 5000.00 -1.30 0.043 -9.000 0.020 -999. 310.0 2.0 0.00 5.0 Winter 21. 6.0 1.000 1.50 0.00 15.0 Winter 21. 6.0 1.000 1.50 0.00 0.0 Winter 21. 6.0 1.000 1.50 a .o 10011001 i 0.50 10. G c .c 10011001 G 0.50 10. a .o 10011001 i 0.5010.G City Council 41 - 394 12/20/2022 Attachment C SWAPETechnical Consultation, Data Analysis and Litigation Support for the Environment Matthew F. Hagemann, P.G., C.Hg., QSD, QSP 2656 29" Street, Suite 201 Santa Monica, CA 90405 Matt Hagemann, P.G, C.Hg. (949) 887-9013 mhagemann@swape.com Geologic and Hydrogeologic Characterization Investigation and Remediation Strategies Litigation Support and Testifying Expert Industrial Stormwater Compliance CEQA Review Education: M.S. Degree, Geology, California State University Los Angeles, Los Angeles, CA,1984. B.A. Degree, Geology, Humboldt State University, Arcata, CA,1982. Professional Certifications: California Professional Geologist California Certified Hydrogeologist Qualified SWPPP Developer and Practitioner Professional Experience: Matt has 30 years of experience in environmental policy, contaminant assessment and remediation, stormwater compliance, and CEQA review. He spent nine years with the U.S. EPA in the RCRA and Superfund programs and served as EPA's Senior Science Policy Advisor in the Western Regional Office where he identified emerging threats to groundwater from perchlorate and MTBE. While with EPA, Matt also served as a Senior Hydrogeologist in the oversight of the assessment of seven major military facilities undergoing base closure. He led numerous enforcement actions under provisions of the Resource Conservation and Recovery Act (RCRA) and directed efforts to improve hydrogeologic characterization and water quality monitoring. For the past 15 years, as a founding partner with SWAPE, Matt has developed extensive client relationships and has managed complex projects that include consultation as an expert witness and a regulatory specialist, and a manager of projects ranging from industrial stormwater compliance to CEQA review of impacts from hazardous waste, air quality and greenhouse gas emissions. Positions Matt has held include: • Founding Partner, Soil/Water/Air Protection Enterprise (SWAPE) (2003 — present); ; JC499YWironmental Analyst, Komex H2O SciAdle,-09�000 -- 2003); 12/20/2022 • Executive Director, Orange Coast Watch (2001- 2004); • Senior Science Policy Advisor and Hydrogeologist, U.S. Environmental Protection Agency (1989- 1998); • Hydrogeologist, National Park Service, Water Resources Division (1998 - 2000); • Adjunct Faculty Member, San Francisco State University, Department of Geosciences (1993 - 1998); • Instructor, College of Marin, Department of Science (1990-1995); • Geologist, U.S. Forest Service (1986-1998); and • Geologist, Dames & Moore (1984-1986). Senior Regulatory and Litigation Support Analyst: With SWAPE, Matt's responsibilities have included: • Lead analyst and testifying expert in the review of over 300 environmental impact reports and negative declarations since 2003 under CEQA that identify significant issues with regard to hazardous waste, water resources, water quality, air quality, greenhouse gas emissions, and geologic hazards. Make recommendations for additional mitigation measures to lead agencies at the local and county level to include additional characterization of health risks and implementation of protective measures to reduce worker exposure to hazards from toxins and Valley Fever. • Stormwater analysis, sampling and best management practice evaluation at more than 100 industrial facilities. • Expert witness on numerous cases including, for example, perfluorooctanoic acid (PFOA) contamination of groundwater, MTBE litigation, air toxins at hazards at a school, CERCLA compliance in assessment and remediation, and industrial stormwater contamination. • Technical assistance and litigation support for vapor intrusion concerns. • Lead analyst and testifying expert in the review of environmental issues in license applications for large solar power plants before the California Energy Commission. • Manager of a project to evaluate numerous formerly used military sites in the western U.S. • Manager of a comprehensive evaluation of potential sources of perchlorate contamination in Southern California drinking water wells. • Manager and designated expert for litigation support under provisions of Proposition 65 in the review of releases of gasoline to sources drinking water at major refineries and hundreds of gas stations throughout California. With Komex H2O Science Inc., Matt's duties included the following: • Senior author of a report on the extent of perchlorate contamination that was used in testimony by the former U.S. EPA Administrator and General Counsel. • Senior researcher in the development of a comprehensive, electronically interactive chronology of MTBE use, research, and regulation. • Senior researcher in the development of a comprehensive, electronically interactive chronology of perchlorate use, research, and regulation. • Senior researcher in a study that estimates nationwide costs for MTBE remediation and drinking water treatment, results of which were published in newspapers nationwide and in testimony against provisions of an energy bill that would limit liability for oil companies. • Research to support litigation to restore drinking water supplies that have been contaminated by MTBE in California and New York. City Council 41 — 396 12/20/2022 • Expert witness testimony in a case of oil production -related contamination in Mississippi. • Lead author for a multi -volume remedial investigation report for an operating school in Los Angeles that met strict regulatory requirements and rigorous deadlines. • Development of strategic approaches for cleanup of contaminated sites in consultation with clients and regulators. Executive Director: As Executive Director with Orange Coast Watch, Matt led efforts to restore water quality at Orange County beaches from multiple sources of contamination including urban runoff and the discharge of wastewater. In reporting to a Board of Directors that included representatives from leading Orange County universities and businesses, Matt prepared issue papers in the areas of treatment and disinfection of wastewater and control of the discharge of grease to sewer systems. Matt actively participated in the development of countywide water quality permits for the control of urban runoff and permits for the discharge of wastewater. Matt worked with other nonprofits to protect and restore water quality, including Surfrider, Natural Resources Defense Council and Orange County CoastKeeper as well as with business institutions including the Orange County Business Council. Hydrogeology: As a Senior Hydrogeologist with the U.S. Environmental Protection Agency, Matt led investigations to characterize and cleanup closing military bases, including Mare Island Naval Shipyard, Hunters Point Naval Shipyard, Treasure Island Naval Station, Alameda Naval Station, Moffett Field, Mather Army Airfield, and Sacramento Army Depot. Specific activities were as follows: • Led efforts to model groundwater flow and contaminant transport, ensured adequacy of monitoring networks, and assessed cleanup alternatives for contaminated sediment, soil, and groundwater. • Initiated a regional program for evaluation of groundwater sampling practices and laboratory analysis at military bases. • Identified emerging issues, wrote technical guidance, and assisted in policy and regulation development through work on four national U.S. EPA workgroups, including the Superfund Groundwater Technical Forum and the Federal Facilities Forum. At the request of the State of Hawaii, Matt developed a methodology to determine the vulnerability of groundwater to contamination on the islands of Maui and Oahu. He used analytical models and a GIS to show zones of vulnerability, and the results were adopted and published by the State of Hawaii and County of Maui. As a hydrogeologist with the EPA Groundwater Protection Section, Matt worked with provisions of the Safe Drinking Water Act and NEPA to prevent drinking water contamination. Specific activities included the following: • Received an EPA Bronze Medal for his contribution to the development of national guidance for the protection of drinking water. • Managed the Sole Source Aquifer Program and protected the drinking water of two communities through designation under the Safe Drinking Water Act. He prepared geologic reports, conducted City Council 41 — 397 12/20/2022 public hearings, and responded to public comments from residents who were very concerned about the impact of designation. Reviewed a number of Environmental Impact Statements for planned major developments, including large hazardous and solid waste disposal facilities, mine reclamation, and water transfer. Matt served as a hydrogeologist with the RCRA Hazardous Waste program. Duties were as follows: • Supervised the hydrogeologic investigation of hazardous waste sites to determine compliance with Subtitle C requirements. • Reviewed and wrote "part B" permits for the disposal of hazardous waste. • Conducted RCRA Corrective Action investigations of waste sites and led inspections that formed the basis for significant enforcement actions that were developed in close coordination with U.S. EPA legal counsel. • Wrote contract specifications and supervised contractor's investigations of waste sites. With the National Park Service, Matt directed service -wide investigations of contaminant sources to prevent degradation of water quality, including the following tasks: • Applied pertinent laws and regulations including CERCLA, RCRA, NEPA, NRDA, and the Clean Water Act to control military, mining, and landfill contaminants. • Conducted watershed -scale investigations of contaminants at parks, including Yellowstone and Olympic National Park. • Identified high -levels of perchlorate in soil adjacent to a national park in New Mexico and advised park superintendent on appropriate response actions under CERCLA. • Served as a Park Service representative on the Interagency Perchlorate Steering Committee, a national workgroup. • Developed a program to conduct environmental compliance audits of all National Parks while serving on a national workgroup. • Co-authored two papers on the potential for water contamination from the operation of personal watercraft and snowmobiles, these papers serving as the basis for the development of nation- wide policy on the use of these vehicles in National Parks. • Contributed to the Federal Multi -Agency Source Water Agreement under the Clean Water Action Plan. Policy: Served senior management as the Senior Science Policy Advisor with the U.S. Environmental Protection Agency, Region 9. Activities included the following: • Advised the Regional Administrator and senior management on emerging issues such as the potential for the gasoline additive MTBE and ammonium perchlorate to contaminate drinking water supplies. • Shaped EPA's national response to these threats by serving on workgroups and by contributing to guidance, including the Office of Research and Development publication, Oxygenates in Water: Critical Information and Research Needs. • Improved the technical training of EPA's scientific and engineering staff. • Earned an EPA Bronze Medal for representing the region's 300 scientists and engineers in negotiations with the Administrator and senior management to better integrate scientific City Council 41 — 398 12/20/2022 principles into the policy -making process. • Established national protocol for the peer review of scientific documents. Geology With the U.S. Forest Service, Matt led investigations to determine hillslope stability of areas proposed for timber harvest in the central Oregon Coast Range. Specific activities were as follows: Mapped geology in the field, and used aerial photographic interpretation and mathematical models to determine slope stability. Coordinated his research with community members who were concerned with natural resource protection. Characterized the geology of an aquifer that serves as the sole source of drinking water for the city of Medford, Oregon. As a consultant with Dames and Moore, Matt led geologic investigations of two contaminated sites (later listed on the Superfund NPL) in the Portland, Oregon, area and a large hazardous waste site in eastern Oregon. Duties included the following: Supervised year -long effort for soil and groundwater sampling. Conducted aquifer tests. Investigated active faults beneath sites proposed for hazardous waste disposal. Teaching: From 1990 to 1998, Matt taught at least one course per semester at the community college and university levels: • At San Francisco State University, held an adjunct faculty position and taught courses in environmental geology, oceanography (lab and lecture), hydrogeology, and groundwater contamination. • Served as a committee member for graduate and undergraduate students. • Taught courses in environmental geology and oceanography at the College of Marin. Matt is currently a part time geology instructor at Golden West College in Huntington Beach, California where he taught from 2010 to 2014 and in 2017. Invited Testimony, Reports, Papers and Presentations: Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Presentation to the Public Environmental Law Conference, Eugene, Oregon. Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Invited presentation to U.S. EPA Region 9, San Francisco, California. Hagemann, M.F., 2005. Use of Electronic Databases in Environmental Regulation, Policy Making and Public Participation. Brownfields 2005, Denver, Coloradao. Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Nevada and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Las Vegas, NV (served on conference organizing committee). City Council 41 — 399 12/20/2022 Hagemann, M.F., 2004. Invited testimony to a California Senate committee hearing on air toxins at schools in Southern California, Los Angeles. Brown, A., Farrow, J., Gray, A. and Hagemann, M., 2004. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to the Ground Water and Environmental Law Conference, National Groundwater Association. Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Arizona and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Phoenix, AZ (served on conference organizing committee). Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in the Southwestern U.S. Invited presentation to a special committee meeting of the National Academy of Sciences, Irvine, CA. Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a tribal EPA meeting, Pechanga, CA. Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a meeting of tribal repesentatives, Parker, AZ. Hagemann, M.F., 2003. Impact of Perchlorate on the Colorado River and Associated Drinking Water Supplies. Invited presentation to the Inter -Tribal Meeting, Torres Martinez Tribe. Hagemann, M.F., 2003. The Emergence of Perchlorate as a Widespread Drinking Water Contaminant. Invited presentation to the U.S. EPA Region 9. Hagemann, M.F., 2003. A Deductive Approach to the Assessment of Perchlorate Contamination. Invited presentation to the California Assembly Natural Resources Committee. Hagemann, M.F., 2003. Perchlorate: A Cold War Legacy in Drinking Water. Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. From Tank to Tap: A Chronology of MTBE in Groundwater. Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. A Chronology of MTBE in Groundwater and an Estimate of Costs to Address Impacts to Groundwater. Presentation to the annual meeting of the Society of Environmental Journalists. Hagemann, M.F., 2002. An Estimate of the Cost to Address MTBE Contamination in Groundwater (and Who Will Pay). Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to a meeting of the U.S. EPA and State Underground Storage Tank Program managers. City Council 41 — 400 12/20/2022 Hagemann, M.F., 2001. From Tank to Tap: A Chronology of MTBE in Groundwater. Unpublished report. Hagemann, M.F., 2001. Estimated Cleanup Cost for MTBE in Groundwater Used as Drinking Water. Unpublished report. Hagemann, M.F., 2001. Estimated Costs to Address MTBE Releases from Leaking Underground Storage Tanks. Unpublished report. Hagemann, M.F., and VanMouwerik, M., 1999. Potential W a t e r Quality Concerns Related to Snowmobile Usage. Water Resources Division, National Park Service, Technical Report. VanMouwerik, M. and Hagemann, M.F. 1999, Water Quality Concerns Related to Personal Watercraft Usage. Water Resources Division, National Park Service, Technical Report. Hagemann, M.F., 1999, Is Dilution the Solution to Pollution in National Parks? The George Wright Society Biannual Meeting, Asheville, North Carolina. Hagemann, M.F., 1997, The Potential for MTBE to Contaminate Groundwater. U.S. EPA Superfund Groundwater Technical Forum Annual Meeting, Las Vegas, Nevada. Hagemann, M.F., and Gill, M., 1996, Impediments to Intrinsic Remediation, Moffett Field Naval Air Station, Conference on Intrinsic Remediation of Chlorinated Hydrocarbons, Salt Lake City. Hagemann, M.F., Fukunaga, G.L.,1996, The Vulnerability of Groundwater to Anthropogenic Contaminants on the Island of Maui, Hawaii. Hawaii Water Works Association Annual Meeting, Maui, October 1996. Hagemann, M. F., Fukanaga, G. L.,1996, Ranking Groundwater Vulnerability in Central Oahu, Hawaii. Proceedings, Geographic Information Systems in Environmental Resources Management, Air and Waste Management Association Publication VIP-61. Hagemann, M.F., 1994. Groundwater Characterization and Cleanup at Closing Military Bases in California. Proceedings, California Groundwater Resources Association Meeting. Hagemann, M.F. and Sabol, M.A., 1993. Role of the U.S. EPA in the High Plains States Groundwater Recharge Demonstration Program. Proceedings, Sixth Biennial Symposium on the Artificial Recharge of Groundwater. Hagemann, M.F., 1993. U.S. EPA Policy on the Technical Impracticability of the Cleanup of DNAPL- contaminated Groundwater. California Groundwater Resources Association Meeting. City Council 41 — 401 12/20/2022 Hagemann, M.F., 1992. Dense Nonaqueous Phase Liquid Contamination of Groundwater: An Ounce of Prevention... Proceedings, Association of Engineering Geologists Annual Meeting, v. 35. Other Experience: Selected as subject matter expert for the California Professional Geologist licensing examinations, 2009-2011. City Council 41 — 402 12/20/2022 Attachment D S WA P E Technical Consultation, Data Analysis and Litigation Support for the Environment Paul Rosenfeld, Ph.D. Principal Environmental Chemist Education SOIL WATER AIR PROTECTION ENTERPRISE 2656 29th Street, Suite 201 Santa Monica, California 90405 Attn: Paul Rosenfeld, Ph.D. Mobil: (310) 795-2335 Office: (310) 452-5555 Fax: (310) 452-5550 Email: prosenfeldCaswaue.com Chemical Fate and Transport & Air Dispersion Modeling Risk Assessment & Remediation Specialist Ph.D. Soil Chemistry, University of Washington, 1999. Dissertation on volatile organic compound filtration. M.S. Environmental Science, U.C. Berkeley, 1995. Thesis on organic waste economics. B.A. Environmental Studies, U.C. Santa Barbara, 1991. Thesis on wastewater treatment. Professional Experience Dr. Rosenfeld has over 25 years' experience conducting environmental investigations and risk assessments for evaluating impacts to human health, property, and ecological receptors. His expertise focuses on the fate and transport of environmental contaminants, human health risk, exposure assessment, and ecological restoration. Dr. Rosenfeld has evaluated and modeled emissions from oil spills, landfills, boilers and incinerators, process stacks, storage tanks, confined animal feeding operations, industrial, military and agricultural sources, unconventional oil drilling operations, and locomotive and construction engines. His project experience ranges from monitoring and modeling of pollution sources to evaluating impacts of pollution on workers at industrial facilities and residents in surrounding communities. Dr. Rosenfeld has also successfully modeled exposure to contaminants distributed by water systems and via vapor intrusion. Dr. Rosenfeld has investigated and designed remediation programs and risk assessments for contaminated sites containing lead, heavy metals, mold, bacteria, particulate matter, petroleum hydrocarbons, chlorinated solvents, pesticides, radioactive waste, dioxins and furans, semi- and volatile organic compounds, PCBs, PAHs, creosote, perchlorate, asbestos, per- and poly-fluoroalkyl substances (PFOA/PFOS), unusual polymers, fuel oxygenates (MTBE), among other pollutants. Dr. Rosenfeld also has experience evaluating greenhouse gas emissions from various projects and is an expert on the assessment of odors from industrial and agricultural sites, as well as the evaluation of odor nuisance impacts and technologies for abatement of odorous emissions. As a principal scientist at SWAPE, Dr. Rosenfeld directs air dispersion modeling and exposure assessments. He has served as an expert witness and testified about pollution sources causing nuisance and/or personal injury at sites and has testified as an expert witness on numerous cases involving exposure to soil, water and air contaminants from industrial, railroad, agricultural, and military sources. Paul M69MM.D. Page 1 of 10 — 2021 Professional Histor Soil Water Air Protection Enterprise (SWAPE); 2003 to present; Principal and Founding Partner UCLA School of Public Health; 2007 to 2011; Lecturer (Assistant Researcher) UCLA School of Public Health; 2003 to 2006; Adjunct Professor UCLA Environmental Science and Engineering Program; 2002-2004; Doctoral Intern Coordinator UCLA Institute of the Environment, 2001-2002; Research Associate Komex H2O Science, 2001 to 2003; Senior Remediation Scientist National Groundwater Association, 2002-2004; Lecturer San Diego State University, 1999-2001; Adjunct Professor Anteon Corp., San Diego, 2000-2001; Remediation Project Manager Ogden (now Amec), San Diego, 2000-2000; Remediation Project Manager Bechtel, San Diego, California, 1999 — 2000; Risk Assessor King County, Seattle, 1996 — 1999; Scientist James River Corp., Washington, 1995-96; Scientist Big Creek Lumber, Davenport, California, 1995; Scientist Plumas Corp., California and USFS, Tahoe 1993-1995; Scientist Peace Corps and World Wildlife Fund, St. Kitts, West Indies, 1991-1993; Scientist Publications: Remy, L.L., Clay T., Byers, V., Rosenfeld P. E. (2019) Hospital, Health, and Community Burden After Oil Refinery Fires, Richmond, California 2007 and 2012. Environmental Health. 18:48 Simons, R.A., Seo, Y. Rosenfeld, P., (2015) Modeling the Effect of Refinery Emission On Residential Property Value. Journal of Real Estate Research. 27(3):321-342 Chen, J. A, Zapata A. R., Sutherland A. J., Molmen, D.R., Chow, B. S., Wu, L. E., Rosenfeld, P. E., Hesse, R. C., (2012) Sulfur Dioxide and Volatile Organic Compound Exposure To A Community In Texas City Texas Evaluated Using Aermod and Empirical Data. American Journal of Environmental Science, 8(6), 622-632. Rosenfeld, P.E. & Feng, L. (2011). The Risks of Hazardous Waste. Amsterdam: Elsevier Publishing. Cheremisinoff, N.P., & Rosenfeld, P.E. (2011). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Agrochemical Industry, Amsterdam: Elsevier Publishing. Gonzalez, J., Feng, L., Sutherland, A., Waller, C., Sok, H., Hesse, R., Rosenfeld, P. (2010). PCBs and Dioxins/Furans in Attic Dust Collected Near Former PCB Production and Secondary Copper Facilities in Sauget, IL. Procedia Environmental Sciences. 113-125. Feng, L., Wu, C., Tam, L., Sutherland, A.J., Clark, J.J., Rosenfeld, P.E. (2010). Dioxin and Furan Blood Lipid and Attic Dust Concentrations in Populations Living Near Four Wood Treatment Facilities in the United States. Journal of Environmental Health. 73(6), 34-46. Cheremisinoff, N.P., & Rosenfeld, P.E. (2010). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Wood and Paper Industries. Amsterdam: Elsevier Publishing. Cheremisinoff, N.P., & Rosenfeld, P.E. (2009). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Petroleum Industry. Amsterdam: Elsevier Publishing. Wu, C., Tam, L., Clark, J., Rosenfeld, P. (2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. WIT Transactions on Ecology and the Environment, Air Pollution, 123 (17), 319-327. Paul o , .D. Page 2 of 10 — 2021 Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). A Statistical Analysis Of Attic Dust And Blood Lipid Concentrations Of Tetrachloro-p-Dibenzodioxin (TCDD) Toxicity Equivalency Quotients (TEQ) In Two Populations Near Wood Treatment Facilities. Organohalogen Compounds, 70, 002252-002255. Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). Methods For Collect Samples For Assessing Dioxins And Other Environmental Contaminants In Attic Dust: A Review. Organohalogen Compounds, 70, 000527- 000530. Hensley, A.R. A. Scott, J. J. J. Clark, Rosenfeld, P.E. (2007). Attic Dust and Human Blood Samples Collected near a Former Wood Treatment Facility. Environmental Research. 105, 194-197. Rosenfeld, P.E., J. J. J. Clark, A. R. Hensley, M. Suffet. (2007). The Use of an Odor Wheel Classification for Evaluation of Human Health Risk Criteria for Compost Facilities. Water Science & Technology 55(5), 345-357. Rosenfeld, P. E., M. Suffet. (2007). The Anatomy Of Odour Wheels For Odours Of Drinking Water, Wastewater, Compost And The Urban Environment. Water Science & Technology 55(5), 335-344. Sullivan, P. J. Clark, J.J.J., Agardy, F. J., Rosenfeld, P.E. (2007). Toxic Legacy, Synthetic Toxins in the Food, Water, and Air in American Cities. Boston Massachusetts: Elsevier Publishing Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash. Water Science and Technology. 49(9),171-178. Rosenfeld P. E., J.J. Clark, I.H. (Mel) Suffet (2004). The Value of An Odor -Quality -Wheel Classification Scheme For The Urban Environment. Water Environment Federation's Technical Exhibition and Conference (WEFTEC) 2004. New Orleans, October 2-6, 2004. Rosenfeld, P.E., and Suffet, I.H. (2004). Understanding Odorants Associated With Compost, Biomass Facilities, and the Land Application of Biosolids. Water Science and Technology. 49(9), 193-199. Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash, Water Science and Technology, 49( 9), 171-178. Rosenfeld, P. E., Grey, M. A., Sellew, P. (2004). Measurement of Biosolids Odor and Odorant Emissions from Windrows, Static Pile and Biofilter. Water Environment Research. 76(4), 310-315. Rosenfeld, P.E., Grey, M and Suffet, M. (2002). Compost Demonstration Project, Sacramento California Using High -Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Integrated Waste Management Board Public Affairs Office, Publications Clearinghouse (MS-6), Sacramento, CA Publication #442-02-008. Rosenfeld, P.E., and C.L. Henry. (2001). Characterization of odor emissions from three different biosolids. Water Soil and Air Pollution. 127(1-4), 173-191. Rosenfeld, P.E., and Henry C. L., (2000). Wood ash control of odor emissions from biosolids application. Journal of Environmental Quality. 29, 1662-1668. Rosenfeld, P.E., C.L. Henry and D. Bennett. (2001). Wastewater dewatering polymer affect on biosolids odor emissions and microbial activity. Water Environment Research. 73(4), 363-367. Rosenfeld, P.E., and C.L. Henry. (2001). Activated Carbon and Wood Ash Sorption of Wastewater, Compost, and Biosolids Odorants. Water Environment Research, 73, 388-393. Rosenfeld, P.E., and Henry C. L., (2001). High carbon wood ash effect on biosolids microbial activity and odor. Water Environment Research. 131(1-4), 247-262. Chollack, T. and P. Rosenfeld. (1998). Compost Amendment Handbook For Landscaping. Prepared for and distributed by the City of Redmond, Washington State. Rosenfeld, P. E. (1992). The Mount Liamuiga Crater Trail. Heritage Magazine of St. Kitts, 3(2). Rosenfeld, P. E. (1993). High School Biogas Project to Prevent Deforestation On St. Kitts. Biomass Users Network, 7(l). Rosenfeld, P. E. (1998). Characterization, Quantification, and Control of Odor Emissions From Biosolids Application To Forest Soil. Doctoral Thesis. University of Washington College of Forest Resources. Rosenfeld, P. E. (1994). Potential Utilization of Small Diameter Trees on Sierra County Public Land. Masters thesis reprinted by the Sierra County Economic Council. Sierra County, California. Rosenfeld, P. E. (1991). How to Build a Small Rural Anaerobic Digester & Uses Of Biogas In The First And Third World. Bachelors Thesis. University of California. Presentations: Rosenfeld, P.E., "The science for Perfluorinated Chemicals (PFAS): What makes remediation so hard?" Law Seminars International, (May 9-10, 2018) 800 Fifth Avenue, Suite 101 Seattle, WA. Rosenfeld, P.E., Sutherland, A; Hesse, R.; Zapata, A. (October 3-6, 2013). Air dispersion modeling of volatile organic emissions from multiple natural gas wells in Decatur, TX. 44th Western Regional Meeting, American Chemical Society. Lecture conducted from Santa Clara, CA. Sok, H.L.; Waller, C.C.; Feng, L.; Gonzalez, J.; Sutherland, A.J.; Wisdom -Stack, T.; Sahai, R.K.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Atrazine: A Persistent Pesticide in Urban Drinking Water. Urban Environmental Pollution. Lecture conducted from Boston, MA. Feng, L.; Gonzalez, J.; Sok, H.L.; Sutherland, A.J.; Waller, C.C.; Wisdom -Stack, T.; Sahai, R.K.; La, M.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Bringing Environmental Justice to East St. Louis, Illinois. Urban Environmental Pollution. Lecture conducted from Boston, MA. Rosenfeld, P.E. (April 19-23, 2009). Perfluoroctanoic Acid (PFOA) and Perfluoroactane Sulfonate (PFOS) Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting, Lecture conducted from Tuscon, A.Z. Rosenfeld, P.E. (April 19-23, 2009). Cost to Filter Atrazine Contamination from Drinking Water in the United States" Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting. Lecture conducted from Tuscon, AZ. Wu, C., Tam, L., Clark, J., Rosenfeld, P. (20-22 July, 2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. Brebbia, C.A. and Popov, V., eds., Air Pollution XVIL Proceedings of the Seventeenth International Conference on Modeling, Monitoring and Management of Air Pollution. Lecture conducted from Tallinn, Estonia. Rosenfeld, P. E. (October 15-18, 2007). Moss Point Community Exposure To Contaminants From A Releasing Facility. The 23'"d Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA. Rosenfeld, P. E. (October 15-18, 2007). The Repeated Trespass of Tritium -Contaminated Water Into A Surrounding Community Form Repeated Waste Spills From A Nuclear Power Plant. The 23' Annual International • '• �� •Ye"h. D. Page 4 of I i •• 1 Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA. Rosenfeld, P. E. (October 15-18, 2007). Somerville Community Exposure To Contaminants From Wood Treatment Facility Emissions. The 23'"d Annual International Conferences on Soils Sediment and Water. Lecture conducted from University of Massachusetts, Amherst MA. Rosenfeld P. E. (March 2007). Production, Chemical Properties, Toxicology, & Treatment Case Studies of 1,2,3- Trichloropropane (TCP). The Association for Environmental Health and Sciences (AEHS) Annual Meeting. Lecture conducted from San Diego, CA. Rosenfeld P. E. (March 2007). Blood and Attic Sampling for Dioxin/Furan, PAH, and Metal Exposure in Florala, Alabama. The AEHS Annual Meeting. Lecture conducted from San Diego, CA. Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (August 21 — 25, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. The 26th International Symposium on Halogenated Persistent Organic Pollutants — DIOXIN2006. Lecture conducted from Radisson SAS Scandinavia Hotel in Oslo Norway. Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (November 4-8, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. APHA 134 Annual Meeting & Exposition. Lecture conducted from Boston Massachusetts. Paul Rosenfeld Ph.D. (October 24-25, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals. Mealey's C8/PFOA. Science, Risk & Litigation Conference. Lecture conducted from The Rittenhouse Hotel, Philadelphia, PA. Paul Rosenfeld Ph.D. (September 19, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel, Irvine California. Paul Rosenfeld Ph.D. (September 19, 2005). Fate, Transport, Toxicity, And Persistence of 1,2,3-TCP. PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel in Irvine, California. Paul Rosenfeld Ph.D. (September 26-27, 2005). Fate, Transport and Persistence of PDBEs. Mealey's Groundwater Conference. Lecture conducted from Ritz Carlton Hotel, Marina Del Ray, California. Paul Rosenfeld Ph.D. (June 7-8, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals. International Society of Environmental Forensics: Focus On Emerging Contaminants. Lecture conducted from Sheraton Oceanfront Hotel, Virginia Beach, Virginia. Paul Rosenfeld Ph.D. (July 21-22, 2005). Fate Transport, Persistence and Toxicology of PFOA and Related Perfluorochemicals. 2005 National Groundwater Association Ground Water And Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland. Paul Rosenfeld Ph.D. (July 21-22, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation. 2005 National Groundwater Association Ground Water and Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland. Paul Rosenfeld, Ph.D. and James Clark Ph.D. and Rob Hesse R.G. (May 5-6, 2004). Tert-butyl Alcohol Liability and Toxicology, A National Problem and Unquantified Liability. National Groundwater Association. Environmental Law Conference. Lecture conducted from Congress Plaza Hotel, Chicago Illinois. Paul Rosenfeld, Ph.D. (March 2004). Perchlorate Toxicology. Meeting of the American Groundwater Trust. Lecture conducted from Phoenix Arizona. Paul 9'Wo-9MCX.D. Page 5 of 10 — 2021 Hagemann, M.F., Paul Rosenfeld, Ph.D. and Rob Hesse (2004). Perchlorate Contamination of the Colorado River. Meeting of tribal representatives. Lecture conducted from Parker, AZ. Paul Rosenfeld, Ph.D. (April 7, 2004). A National Damage Assessment Model For PCE and Dry Cleaners. Drycleaner Symposium. California Ground Water Association. Lecture conducted from Radison Hotel, Sacramento, California. Rosenfeld, P. E., Grey, M., (June 2003) Two stage biofilter for biosolids composting odor control. Seventh International In Situ And On Site Bioremediation Symposium Battelle Conference Orlando, FL. Paul Rosenfeld, Ph.D. and James Clark Ph.D. (February 20-21, 2003) Understanding Historical Use, Chemical Properties, Toxicity and Regulatory Guidance of 1,4 Dioxane. National Groundwater Association. Southwest Focus Conference. Water Supply and Emerging Contaminants.. Lecture conducted from Hyatt Regency Phoenix Arizona. Paul Rosenfeld, Ph.D. (February 6-7, 2003). Underground Storage Tank Litigation and Remediation. California CUPA Forum. Lecture conducted from Marriott Hotel, Anaheim California. Paul Rosenfeld, Ph.D. (October 23, 2002) Underground Storage Tank Litigation and Remediation. EPA Underground Storage Tank Roundtable. Lecture conducted from Sacramento California. Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Understanding Odor from Compost, Wastewater and Industrial Processes. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain. Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Using High Carbon Wood Ash to Control Compost Odor. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain. Rosenfeld, P.E. and Grey, M. A. (September 22-24, 2002). Biocycle Composting For Coastal Sage Restoration. Northwest Biosolids Management Association. Lecture conducted from Vancouver Washington.. Rosenfeld, P.E. and Grey, M. A. (November 11-14, 2002). Using High -Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Soil Science Society Annual Conference. Lecture conducted from Indianapolis, Maryland. Rosenfeld. P.E. (September 16, 2000). Two stage biofilter for biosolids composting odor control. Water Environment Federation. Lecture conducted from Anaheim California. Rosenfeld. P.E. (October 16, 2000). Wood ash and biofilter control of compost odor. Biofest. Lecture conducted from Ocean Shores, California. Rosenfeld, P.E. (2000). Bioremediation Using Organic Soil Amendments. California Resource Recovery Association. Lecture conducted from Sacramento California. Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High -Carbon Wood -Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington. Rosenfeld, P.E., and C.L. Henry. (1999). An evaluation of ash incorporation with biosolids for odor reduction. Soil Science Society of America. Lecture conducted from Salt Lake City Utah. Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Comparison of Microbial Activity and Odor Emissions from Three Different Biosolids Applied to Forest Soil. Brown and Caldwell. Lecture conducted from Seattle Washington. • '• �� •Ye"h. D. Page 6 of I i •• 1 Rosenfeld, P.E., C.L. Henry. (1998). Characterization, Quantification, and Control of Odor Emissions from Biosolids Application To Forest Soil. Biofest. Lecture conducted from Lake Chelan, Washington. Rosenfeld, P.E, C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High -Carbon Wood -Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington. Rosenfeld, P.E., C.L. Henry, R. B. Harrison, and R. Dills. (1997). Comparison of Odor Emissions From Three Different Biosolids Applied to Forest Soil. Soil Science Society of America. Lecture conducted from Anaheim California. Teaching Experience: UCLA Department of Environmental Health (Summer 2003 through 20010) Taught Environmental Health Science 100 to students, including undergrad, medical doctors, public health professionals and nurses. Course focused on the health effects of environmental contaminants. National Ground Water Association, Successful Remediation Technologies. Custom Course in Sante Fe, New Mexico. May 21, 2002. Focused on fate and transport of fuel contaminants associated with underground storage tanks. National Ground Water Association; Successful Remediation Technologies Course in Chicago Illinois. April 1, 2002. Focused on fate and transport of contaminants associated with Superfund and RCRA sites. California Integrated Waste Management Board, April and May, 2001. Alternative Landfill Caps Seminar in San Diego, Ventura, and San Francisco. Focused on both prescriptive and innovative landfill cover design. UCLA Department of Environmental Engineering, February 5, 2002. Seminar on Successful Remediation Technologies focusing on Groundwater Remediation. University Of Washington, Soil Science Program, Teaching Assistant for several courses including: Soil Chemistry, Organic Soil Amendments, and Soil Stability. U.C. Berkeley, Environmental Science Program Teaching Assistant for Environmental Science 10 Academic Grants Awarded: California Integrated Waste Management Board. $41,000 grant awarded to UCLA Institute of the Environment Goal: To investigate effect of high carbon wood ash on volatile organic emissions from compost. 2001. Synagro Technologies, Corona California: $10,000 grant awarded to San Diego State University. Goal: investigate effect of biosolids for restoration and remediation of degraded coastal sage soils. 2000. King County, Department of Research and Technology, Washington State. $100,000 grant awarded to University of Washington: Goal: To investigate odor emissions from biosolids application and the effect of polymers and ash on VOC emissions. 1998. Northwest Biosolids Management Association, Washington State. $20,000 grant awarded to investigate effect of polymers and ash on VOC emissions from biosolids. 1997. James River Corporation, Oregon: $10,000 grant was awarded to investigate the success of genetically engineered Poplar trees with resistance to round -up. 1996. United State Forest Service, Tahoe National Forest: $15,000 grant was awarded to investigating fire ecology of the Tahoe National Forest. 1995. Kellogg Foundation, Washington D.C. $500 grant was awarded to construct a large anaerobic digester on St. Kitts in West Indies. 1993 Deposition and/or Trial Testimony: In the Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants Case No.: No. Oi9-L-2295 Rosenfeld Deposition, 5-14-2021 Trial, October 8-4-2021 In the Circuit Court of Cook County Illinois Joseph Rafferty, Plaintiff vs. Consolidated Rail Corporation and National Railroad Passenger Corporation d/b/a AMTRAK, Case No.: No. 18-L-6845 Rosenfeld Deposition, 6-28-2021 In the United States District Court For the Northern District of Illinois Theresa Romcoe, Plaintiff vs. Northeast Illinois Regional Commuter Railroad Corporation d/b/a METRA Rail, Defendants Case No.: No. 17-cv-8517 Rosenfeld Deposition, 5-25-2021 In the Superior Court of the State of Arizona In and For the Cunty of Maricopa Mary Tryon et al., Plaintiff vs. The City of Pheonix v. Cox Cactus Farm, L.L.C., Utah Shelter Systems, Inc. Case Number CV20127-094749 Rosenfeld Deposition: 5-7-2021 In the United States District Court for the Eastern District of Texas Beaumont Division Robinson, Jeremy et al Plaintiffs, vs. CNA Insurance Company et al. Case Number 1:17-cv-000508 Rosenfeld Deposition: 3-25-2021 In the Superior Court of the State of California, County of San Bernardino Gary Garner, Personal Representative for the Estate of Melvin Garner vs. BNSF Railway Company. Case No. 1720288 Rosenfeld Deposition 2-23-2021 In the Superior Court of the State of California, County of Los Angeles, Spring Street Courthouse Benny M Rodriguez vs. Union Pacific Railroad, A Corporation, et al. Case No. 18STCV01162 Rosenfeld Deposition 12-23-2020 In the Circuit Court of Jackson County, Missouri Karen Cornwell, Plaintiff, vs. Marathon Petroleum, LP, Defendant. Case No.: 1716-CV 10006 Rosenfeld Deposition. 8-30-2019 In the United States District Court For The District of New Jersey Duarte et al, Plaintiffs, vs. United States Metals Refining Company et. al. Defendant. Case No.: 2:17-cv-01624-ES-SCM Rosenfeld Deposition. 6-7-2019 Paul o , .D. Page 8 of 10 — 2021 In the United States District Court of Southern District of Texas Galveston Division M/T Carla Maersk, Plaintiffs, vs. Conti 168., Schiffahrts-GMBH & Co. Bulker KG MS "Conti Perdido' Defendant. Case No.: 3:15-CV-00106 consolidated with 3:15-CV-00237 Rosenfeld Deposition. 5-9-2019 In The Superior Court of the State of California In And For The County Of Los Angeles — Santa Monica Carole-Taddeo-Bates et al., vs. Ifran Khan et al., Defendants Case No.: No. BC615636 Rosenfeld Deposition, 1-26-2019 In The Superior Court of the State of California In And For The County Of Los Angeles — Santa Monica The San Gabriel Valley Council of Governments et al. vs El Adobe Apts. Inc. et al., Defendants Case No.: No. BC646857 Rosenfeld Deposition, 10-6-2018; Trial 3-7-19 In United States District Court For The District of Colorado Bells et al. Plaintiff vs. The 3M Company et al., Defendants Case No.: 1:16-cv-02531-RBJ Rosenfeld Deposition, 3-15-2018 and 4-3-2018 In The District Court Of Regan County, Texas, 1121 Judicial District Phillip Bales et al., Plaintiff vs. Dow Agrosciences, LLC, et al., Defendants Cause No.: 1923 Rosenfeld Deposition, 11-17-2017 In The Superior Court of the State of California In And For The County Of Contra Costa Simons et al., Plaintiffs vs. Chevron Corporation, et al., Defendants Cause No C12-01481 Rosenfeld Deposition, 11-20-2017 In The Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants Case No.: No. Oi9-L-2295 Rosenfeld Deposition, 8-23-2017 In United States District Court For The Southern District of Mississippi Guy Manuel vs. The BP Exploration et al., Defendants Case: No 1:19-cv-00315-RHW Rosenfeld Deposition, 4-22-2020 In The Superior Court of the State of California, For The County of Los Angeles Warm Gilbert and Penny Gilber, Plaintiff vs. BMW of North America LLC Case No.: LC102019 (c/w BC582154) Rosenfeld Deposition, 8-16-2017, Trail 8-28-2018 In the Northern District Court of Mississippi, Greenville Division Brenda J. Cooper, et al., Plaintiffs, vs. Meritor Inc., et al., Defendants Case Number: 4:16-cv-52-DMB-JVM Rosenfeld Deposition: July 2017 Paul o , .D. Page 9 of 10 — 2021 In The Superior Court of the State of Washington, County of Snohomish Michael Davis and Julie Davis et al., Plaintiff vs. Cedar Grove Composting Inc., Defendants Case No.: No. 13-2-03987-5 Rosenfeld Deposition, February 2017 Trial, March 2017 In The Superior Court of the State of California, County of Alameda Charles Spain., Plaintiff vs. Thermo Fisher Scientific, et al., Defendants Case No.: RG14711115 Rosenfeld Deposition, September 2015 In The Iowa District Court In And For Poweshiek County Russell D. Winburn, et al., Plaintiffs vs. Doug Hoksbergen, et al., Defendants Case No.: LALA002187 Rosenfeld Deposition, August 2015 In The Circuit Court of Ohio County, West Virginia Robert Andrews, et al. v. Antero, et al. Civil Action NO. 14-C-30000 Rosenfeld Deposition, June 2015 In The Iowa District Court For Muscatine County Laurie Freeman et. al. Plaintiffs vs. Grain Processing Corporation, Defendant Case No 4980 Rosenfeld Deposition: May 2015 In the Circuit Court of the 17t' Judicial Circuit, in and For Broward County, Florida Walter Hinton, et. al. Plaintiff, vs. City of Fort Lauderdale, Florida, a Municipality, Defendant. Case Number CACE07030358 (26) Rosenfeld Deposition: December 2014 In the County Court of Dallas County Texas Lisa Parr et al, Plaintiff, vs. Aruba et al, Defendant. Case Number cc- 11-01650-E Rosenfeld Deposition: March and September 2013 Rosenfeld Trial: April 2014 In the Court of Common Pleas of Tuscarawas County Ohio John Michael Abicht, et al., Plaintiffs, vs. Republic Services, Inc., et al., Defendants Case Number: 2008 CT 10 0741 (Cons. w/ 2009 CV 10 0987) Rosenfeld Deposition: October 2012 In the United States District Court for the Middle District of Alabama, Northern Division James K. Benefield, et al., Plaintiffs, vs. International Paper Company, Defendant. Civil Action Number 2:09-cv-232-WHA-TFM Rosenfeld Deposition: July 2010, June 2011 In the Circuit Court of Jefferson County Alabama Jaeanette Moss Anthony, et al., Plaintiffs, vs. Drummond Company Inc., et al., Defendants Civil Action No. CV 2008-2076 Rosenfeld Deposition: September 2010 In the United States District Court, Western District Lafayette Division Ackle et al., Plaintiffs, vs. Citgo Petroleum Corporation, et al., Defendants. Case Number 2:07CV 1052 Rosenfeld Deposition: July 2009 Paul 9'Wo-9MCX.D. Page 10 of 10 — 2021 MEMORANDUM MCT # 62772 TO: Finance & Management Services Agency Wednesday, October 19, 2022 FROM: Planning and Building Agency �aucation Isr SUBJECT: Miscellaneous Cash Transaction All fees are subject to change at any time and may also be affected by scheduled adjustments on July 1 of each year. The Payee must pay the prevailing rate at the time payment is made. PROJECT NAME: New Warehouse/Industrial Building MASTER ID #2021-166019 PROJECT ADDRESS: 1700 E Garry Ave, Santa Ana, CA 92705-5802 AP #430-171-07 Application # APPL-2022-1-APC Permit # ISSUED TO: Michael Lozeau ADDRESS: 1939 Harrison Street, Ste 150 Oakland, CA 94612 ITEM DESCRIPTION CITY UNIT RATE AMOUNT FUND NO. 1 Appeal (Non -Applicant) 1.0000 $472.00 $472.00 01116002 53606 TOTAL MCT AMOUNT: $472.00 Comments: Created via Planning Invoice process Issued By: web_plpay (Planning and Building Agency) NOTES: For payment to be considered complete, a GL Account # Total Miscellaneous Cash Transaction (MCT) must be paid 01116002 53606 $472.00 in full. Page 1 of 1 City Response to Comment Letter Lozeau Drury, dated October 10, 2022 Comment 1: This comment states that the City has incorrectly determined that the Project is exempt from further environmental review pursuant to Section 15183 of the California Environmental Quality Act (CEQA) Guidelines and that the City's consistency determination fails to provide evidence that the Project does not require further analysis and mitigation under CEQA. The comment asserts that additional environmental review is required because: (1) there are project -specific significant effects which are peculiar to the project or its site, and (2) the Project would result in any new significant effects not discussed in the GPU EIR; and since the Project is not exempt from CEQA, an initial study must be prepared to determine the appropriate level of CEQA review required. Response 1: The comment is introductory in nature, provides general comments, and does not include any substantial evidence relating to any environmental impact that requires preparation of additional CEQA documentation or that would require changes to the CEQA Guidelines Section 15183 Community Plan Exemption Checklist. No further response is warranted. Comment 2: This comment provides a summary of the proposed Project and legal case law text general regarding CEQA requirements and states that the City exempted the Project from CEQA entirely, the first step of the CEQA process applies, and that a project may never be exempted from CEQA if there is a "fair argument" that the project may have significant environmental impacts due to "unusual circumstances." In addition, the comment states that the exemption for the proposed Project is improper, and instead, a full CEQA analysis, such as an EIR, must be prepared for this Project. Response 2: The comment is introductory in nature, provides general comments and CEQA exemption information, and does not include any substantial evidence relating to any environmental impact and the proposed Project that requires preparation of additional CEQA documentation or that would require changes to the CEQA Guidelines Section 15183 Community Plan Exemption Checklist. No further response is warranted. Comment 3: This comment states that the Project will have significant impacts peculiar to the Project. The comment provides text related to exemptions from CEQA Guidelines Section 15183 and states that there is substantial evidence demonstrating that the Project will have project specific significant impacts that were not addressed in the General Plan EIR, and therefore must be addressed through CEQA review now. Response 3: The comment is general in nature, provides general comments, and does not include any detail related to the CEQA document prepared for the Project or substantial evidence relating to new or increased environmental impacts. No further response is warranted. Comment 4: This comment states that the Project will have project specific significant effects that were not addressed in the General Plan Update EIR. The comment states that the air quality impacts of the Project as proposed could not have been foreseen at the time the General Plan was prepared, and that emissions for the proposed Project must be modeled using a program such as CaIEEMod, and project -specific input parameters must be measured against applicable thresholds, and that a screening -level HRA must be prepared to determine the risk posed to nearby residential receptors, as well as propose mitigation as necessary. The comment states that this represents potential project -specific significant effects that were not addressed in the previous General Plan EIR, and therefore, the City must review these impacts under CEQA. City Council Page 1 0 — 414 12/20/2022 City Response to Comment Letter Lozeau Drury, dated October 10, 2022 Response 4: The comment is inaccurate. The GPU EIR analyzed buildout of the GPU, which includes development of the Project site consistent with the designation of FLEX-3 that allows a FAR of 3.0 and building heights up to 10-stories and uses including warehousing, office -industrial flex spaces, small-scale clean manufacturing, research, and development. As detailed on page 2 of the Community Plan Exemption Checklist, the Project would result in a FAR of 0.42, which is substantially less than the analysis of the GPU EIR that evaluated a density of 3.0 FAR on the site. As such, the GPU EIR adequately anticipated and analyzed the impacts of this Project and identified applicable mitigation measures necessary to reduce impacts of the Project. The Project was modeled using CAIEEMod to evaluate both air quality and greenhouse gas emissions, as detailed in the Community Plan Exemption Checklist on pages 34 through 39 and pages 59 and 60, which showed the emissions would not exceed SCAQMD thresholds, and impacts would be less than significant and consistent with the City's Climate Action Plan (page 61). Also, as described on page 36, the GPU EIR determined that the HRA related risk thresholds established by South Coast AQMD would be implemented by Mitigation Measure AQ-3, which details that projects that have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel- powered transport refrigeration units, and are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use may result in an impact and would require a health risk assessment (HRA). The proposed Project would only generate 44 non -refrigerated truck trips per day, which is less than the 100 trips that would have the potential to result in an impact. This is consistent with the CARB published document Air Quality Land Use Handbook. A Community Health Perspective' (April 2005) that provides a screening threshold of 100 heavy diesel trucks (one-way) or 200 (two-way) truck trips for potential impacts to occur. Further, the closest residence to the site is approximately 2,200 feet from the Project, which is farther than the 1,000-foot setback recommended by the South Coast AQMD. Thus, the proposed Project was reviewed and determined to not have the potential to result in project -specific significant effects. A screening -level Health Risk Assessment is therefore not necessary for this Project. Comment 5: This comment states that construction of the Project meets the threshold warranting a quantified HRA under Office of Environmental Health Hazard Assessment (OEHHA). The comment also states that the OEHHA document also recommends that if a project is expected to last over 6 months, the exposure should be evaluated throughout the project using a 30-year exposure duration to estimate individual cancer risks, and that it is reasonably assumed that the Project will last at least 30 years, and therefore recommends that health risk impacts from project - generated Diesel Particulate Matter ("DPM") emissions be prepared and that an mitigated negative declaration be prepared to mitigate impacts accordingly. Response 5: The South Coast AQMD does not currently require health risk assessments for short-term emissions from construction equipment. Instead, South Coast AQMD has promulgated a specific methodology for analysis of localized impacts from construction to nearby sensitive receptors as an indicator of potential health risk. The LSTs are the amount of project -related construction emissions at which localized pollutant concentrations would exceed State air quality standards. Additionally, LSTs are designed to protect sensitive receptors most susceptible to https://ww3.arb.ca.gov/ch/handbook.pdf City Council Page 2 0 — 415 12/20/2022 City Response to Comment Letter Lozeau Drury, dated October 10, 2022 respiratory diseases. As shown on page 39 of the Community Plan Exemption Checklist, maximum daily construction emissions would not exceed the screening -level LSTs, and impacts would be less than significant. As described in Response 4, the GPU Update EIR provided screening level mitigation to implement the risk thresholds established by South Coast AQMD for potential DPM related operational impacts; and the Project would generate 44 non -refrigerated truck trips per day, which is less than the 100 unrefrigerated truck trips that would have the potential to result in an impact. Thus, no further evaluation of DPM emissions is required. As no potential new or greater impact would result, a mitigated negative declaration is not required. Comment 6: This comment states that SWAPE prepared a screening -level HRA to evaluate potential impacts from the construction and operation of the Project posed to residential sensitive receptors as a result of the Project's construction -related and operational TAC emissions. The comment states that SWAPE used AERSCREEN and applied a sensitive receptor distance of 200 meters (656 feet) and analyzed impacts to individuals at different stages of life based on OEHHA and SCAQMD guidance utilizing age sensitivity factors and found that the cancer risks to infants, children, adults, and lifetime residents appreciably exceed SCAQMD's threshold of 10 in one million, thus indicating a significant air quality impact. Response 6: The DPM evaluation that was completed for the GPU EIR, which identified Mitigation Measure AQ-3, that was implemented for the Project provides the appropriate evaluation of the Project pursuant to SCAQMD, CARB, and OEHHA recommended methodology, which determined that potential health impacts to sensitive receptors would be less than significant because the Project would result in less than 100 truck trips per day and residences are located approximately 2,200 feet from the Project, which is farther than the 1,000-foot setback recommended by the SCAQMD. The AERSCREEN model is widely acknowledged (including by the US EPA)2 as being overly conservative. AERSCREEN only produces worst -case scenario health risk impacts, without considering local meteorology and terrain, i.e. site -specific information, such as spatial relation, geography, or local meteorology. Therefore, the air quality model used by the commenter does not accurately identify risks of the Project and is not consistent with SCAQMD, CARB, and OEHHA recommended methodology. Comment 7: This comment states that the use of the 3,000 MT CO2e/year threshold is outdated because its past 2020 and that thresholds for 2020 are not applicable to the proposed Project and should be revised to reflect the current GHG reduction target, and states that the SCAQMD 2035 service population efficiency target of 3.0 metric tons of carbon dioxide equivalents per service population per year, which was calculated by applying a 40% reduction to the 2020 targets. Response 7: The commenter is incorrect in the implied assertion that the 3,000 MTCO2e per year threshold is based on the year 2020 statewide GHG reduction target under Assembly Bill 32 (AB 32) and that it is an outdated threshold. The 3,000 MTCO2e/yr threshold for development projects is based on a market capture approach and is not directly tied to a GHG reduction plan, such as CARB's Scoping Plan. In general, the threshold was developed based on a review of 711 projects in the Governor's Office of Planning and Research database of CEQA projects in the 2 United States Environmental Protection Agency, AERSCREEN User's Guide, April 2021 City Council Page 3 0 — 416 12/20/2022 City Response to Comment Letter Lozeau Drury, dated October 10, 2022 South Coast AQMD's jurisdiction. The threshold was set based on a 90 percent capture rate, which came from the California Air Pollution Control Officers Association's 2008 white paper, "CEQA and Climate Change."3 Based on the review of 711 CEQA projects, 90 percent of CEQA projects would not exceed 3,000 MTCO2e/yr.411 This threshold is used by many lead agencies in the South Coast AQMD region to identify GHG emissions impacts. In addition, the use of a modified 2035 threshold of 3.0 MTCO2e per service population per year (MTCO2e/SP/yr), is generally based on the statewide GHG reduction target established for year 2020 under AB 32. It is derived from the 2020 statewide GHG reduction target for "land use only" GHG emissions sectors divided by the 2020 statewide employment for the land use sectors to derive a per capita GHG efficiency metric.' In the court ruling under Golden Door Properties, LLC v. County of San Diego / Sierra Club, LLC v. County of San Diego (2018) 27 Cal.App.5th 892, the California Fourth District Court of Appeal generally ruled against use of efficiency -based thresholds that are based on a statewide inventory because they do not have enough of a nexus or connection to new development projects. Comment 8: This comment states that SWAPE prepared an updated air model using the project - specific information provided by the Exemption Checklist that determined the Project would emit approximately 14.6 MT CO2e/SP/year, which exceeds the SCAQMD 2035 efficiency target of 3.0 MT CO2e/SP/year, indicating a potentially significant GHG impact not previously identified or addressed by the Exemption Checklist or GPU EIR, which precludes reliance on the CEQA Section 15183 exemption. Response 8: As detailed in Response 7, the 3,000 MTCO2e/yr threshold is used by many lead agencies in the SCAQMD region to identify GHG emissions impacts, and the California Fourth District Court of Appeal generally ruled against use of efficiency -based thresholds. Also, CEQA gives lead agencies the discretion to determine, in the context of a particular project, how to assess potential GHG impacts. (See CEQA Guidelines § 15064.4.) The options specified include analyzing against applicable numerical thresholds, such as South Coast AQMD's. (League to Save Lake Tahoe Mountain Area Preservation v. County of Placer (2022) 75 Cal.App.5th 63, 112 [recognizing that using a numerical threshold from an air pollution control district was a permissible option that complied with CEQA].) Likewise, the CEQA Guidelines identify qualitative analyses as appropriate methods. Here, the Community Plan Exemption Checklist uses two methods to assess whether the Project's GHG emissions should be considered significant: (1) comparing against the SCAQMD's numerical threshold and (2) a qualitative analysis of the Project's consistency with SCAG Connect SoCal RTP/SCS, the City's GPU, and the Santa Ana 3 California Air Pollution Control Officer's Association, "CEQA and Climate Change," white paper, January 2008, http://www,ca pcoa.org /w p-content/u p I oads/201 2/03/CAP COA-White-P a pe r. pdf a South Coast Air Quality Management District, "GHG Meeting 14 Main Presentation," Greenhouse Gases (GHG) CEQA Significance Threshold Working Group, November 19, 2009, http://www.agmd.gov/docs/default -source/ceqa/hand book/greenhouse-gases-(ghg)-cega-significance-thresholds/yea r-2008-2009/ghg-meeting -1 4/ghg-meeting- 1 4-main-presentation.pdf?sfvrsn=2 5 South Coast Air Quality Management District, "Agenda for Meeting 15," Greenhouse Gases (GHG) CEQA Significance Threshold Working Group, September 28, 2010, http://www.agmd.gov/docs/default -source/ceqa/hand book/greenhouse-gases-(ghg)-ceqa-significance-thresholds/yea r-2008-2009/ghg-meeting -15/ghg-meeting-15-main-presentation.pdf?sfvrsn=2. 'South Coast Air Quality Management District, "Minutes for Meeting 15," GHG CEQA Significance Threshold Stakeholder Working Group, September 28, 2010, http://www.agmd.gov/docs/default-source/ ceqa/handbook/greenhouse-gases-(ghg)-ceqa-significance-thresholds/year-2008-2009/ghg-meeting-15/ ghg-meeting-15-minutes.pdf?sfvrsn=2 7 South Coast Air Quality Management District, "Minutes for Meeting 15," GHG CEQA Significance Threshold Stakeholder Working Group, September 28, 2010, http://www.agmd.gov/docs/default-source/ ceqa/handbook/greenhouse-gases-(ghg)-ceqa-significance-thresholds/year-2008-2009/ghg-meeting-15/ ghg-meeting-15-minutes.pdf?sfvrsn=2. City Council txhibit LA Page 4 0 — 417 12/20/2022 City Response to Comment Letter Lozeau Drury, dated October 10, 2022 Climate Action Plan. Because the Project would not exceed the applicable threshold, it would not have a significant GHG impact; and the evaluation concluded that the Project would be consistent with the applicable plans. Thus, the GHG analysis in the Community Plan Exemption Checklist is consistent with the CEQA Guidelines and adequately evaluates GHG impacts as required by CEQA. Comment 9: This comment requests that the Planning Commission deny the applications for the Project and, instead, direct city staff to prepare the necessary environmental documents under CEQA. The City should prepare an initial study followed by an EIR or negative declaration in accordance with CEQA prior to consideration of approvals for the Project. Response 9: The comment is conclusionary in nature and does not raise any specific concerns with the adequacy of the Community Plan Exemption Checklist and does not provide any substantial evidence of a potential new impact related to the Project. Therefore, no further response is required or provided. This comment will be forwarded to City decision makers as part of the Project's staff report. Comment 10: This comment provides a summary of the Project description and states that the Project's health risk and GHG have not been adequately evaluated and emissions have been underestimated and that an EIR should be prepared to assess and mitigate risks. Response 10: The comment is introductory in nature, provides general comments, and does not include any substantial evidence that impacts related to health risks or GHGs would occur. As detailed in previous responses, the Community Plan Exemption Checklist details that pursuant to agency recommendations and the City's GPU EIR, impacts related to health risks and GHG emissions would be less than significant, and no new impact would occur. Comment 11: This comment is consistent with Comment 5, previously. Response 11: Refer to Response 5. Comment 12: This comment provides the details of the screening -level HRA and the AERSCREEN modeling, such as exposure assumptions, risk formulas, described in Comment 6. The comment states that it provides downwind at 200 meters the Project would result in risks exceed the SCAQMD threshold; and thus, is a potentially significant impact and a refined health risk analysis is required. Response 12: As detailed in Response 6, the AERSCREEN model is widely acknowledged as being overly conservative and produces worst -case scenario health risk impacts, without considering appropriate dispersion and other factors. Therefore, the air quality model used by the commenter does not accurately identify risks of the Project and is not consistent with SCAQMD, CARB, and OEHHA recommended methodology. Further, the Project is less than significant as less than 50 percent of 100 truck trips per day would occur and residences are located approximately 2,200 feet from the Project, which is farther than the 1,000-foot setback recommended by the SCAQMD. City Council Page 5 0 — 418 12/20/2022 City Response to Comment Letter Lozeau Drury, dated October 10, 2022 Comment 13: This comment provides text from the Project's staff report and states that the subsequent environmental review is required pursuant to CEQA Guidelines 15183, as the Project's GHG analysis is insufficient because the GHG analysis relies upon an outdated quantitative GHG threshold, and the analysis fails to identify a potentially significant GHG impact. Response 13: As detailed in Response 7, the appropriate threshold was utilized in the Community Plan Exemption Checklist, as utilized by many lead agencies in the SCAQMD region. Also, as detailed in Response 8, CEQA gives lead agencies the discretion to determine, in the context of a particular project, how to assess potential GHG impacts. The analysis in the Community Plan Exemption Checklist does not identify a GHG impact because the emissions generated by the Project would not exceed the identified threshold. Comment 14: This comment is consistent with Comment 7, previously. Response 14: Refer to Response 7. Comment 15: This comment is consistent with Comment 8, previously. Response 15: Refer to Response 8. Comment 16: This comment states that the Project would result in potentially significant health risk and GHG impacts that should be mitigated further. The comment lists various several mitigation measures from the Department of Justice Warehouse Project Best Practices document. Response 16: As detailed in previous responses, the Project would not result in potentially significant health risk or GHG impacts. Therefore, no mitigation measures are required. However, many of the suggested measures listed in the comment would be implemented in consistency with the CALGreen Building Code, CARB requirements, SCAQMD Rules, which would be verified by the City during the Project permitting process. Comment 17: This comment states that the previously listed measures offer a cost-effective, feasible way to incorporate lower -emitting design features into the proposed Project, which subsequently, reduce emissions released during Project construction and operation. The comment states that an EIR should be prepared to include all feasible mitigation measures, as well as include updated health risk and GHG analyses to ensure that the necessary mitigation measures are implemented to reduce emissions to below thresholds. Response 17: As detailed in Response 16, the Project would not result in potentially significant health risk or GHG impacts, and no mitigation measures or EIR are required. However, many of the suggested measures would be implemented pursuant to existing regulations, which would be verified by the City during the Project permitting process. Comment 18: This comment states that the commenter has received limited discovery regarding the Project, additional information may become available in the future; and the commentor retains the right to revise or amend this report when additional information becomes available. The City Council Page 6 0 — 419 12/20/2022 City Response to Comment Letter Lozeau Drury, dated October 10, 2022 comment also states that the comments reflect efforts which were limited to information that was reasonably accessible at the time of the work, and may contain informational gaps, inconsistencies, or otherwise be incomplete due to the unavailability or uncertainty of information obtained or provided by third parties. Response 18: The comment is conclusionary in nature and does not raise any specific concerns with the adequacy of the Community Plan Exemption Checklist or raise any other CEQA issue. Therefore, no further response is required. Comment 19: Attachments A through D: These attachments to the comment letter provides multiple CalEEMod model runs used to substantiate the comments provided and responded to above and provides resumes of SWAPE professionals who provided the SWAPE comments. Response 19: This comment provides modeling used to substantiate the previous comments, which were responded to above and provides resumes for the individuals who provided the technical comments from SWAPE. The comment does not raise any specific concerns with the adequacy of the or raise any other CEQA issue. Therefore, no further response is required. City Council Page 7 o — 420 12/20/2022 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647.5804 I. OWNERIAPPLICANT Applicant Garry Plaza Office Park Association 0p 1 7122P414 Ful! name of Person, Firm, or Corporation 6� _ 11 1 CIO Melinda I_uthin Caw, 2721 East Coast Highway, suite 201, Carona dal Mar, CA 92625 Y„ (949 ) Malling Address Area Code Phone No. Legal Owner Name: See attached Legal Owner Address: 1800 and 1820 East Garry Avenue, Santa Ana, CA 92705 Phone No.: (949) 673-1161 11. PROPERTY INFORMATION Land Use Professional Offices Q Fax: ( Flex-3 Existing ]_and Use of Property and/or Building Zoning D'Istricl General Plan Designation Location 1700, 1720, and 1740 East Garry Avenue Pullman Street Address Name of Nearest Intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS Ill. REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement Upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) See attached Applicant's Signature; �. -® Date: October 1 t 2022 APPEAL APPLICATION NO. cmlcntr-frm4appeal 516o City Council 41 — 421 12/20/2022 MELINIDA, LUTHIN I LAW October 17, 2022 Personal Delivery Santa -Ana City Council Clerk 2 Re: Appeal: Planning Commission's purported Approval of Conditional Use Permit No. 2022-14 for the Garry Avenue Business Park at 1700, 1720, and 1740 East Garry Avenue APPELLANT Appellant Gary Plaza Office Park Association ("GPOPA") is the association for the business condominium project located at 1800 and 1820 East Garry Avenue, Santa Ana, CA 92705 ("GPOP"), This property is located next door to 1700, 1720, and 1740 East Garry Avenue, the property subject to the CUP being appealed ("Subject Property"). The members of GPOPA are the owners of the eighty-four (84) GPOP condominiums. APPELLANT PROPERTY OWNERSHIP Each owner of a GPOP condominium also owns a 1/84"' interest in the real property located at 1800 and 1820 East Garry Avenue, Santa Ana, CA 92705 and owns a 1 /84 interest in an easement that traverses around the perimeter and throughout and across the interior of the Subject Property. BASIS FOR APPEAL The Planning Commission had no authority to issue the CUP because not all record owners of all interests in the Subject Property joined or approved the application. Specifically, the owners of the 84 GPOP business condominiums own an undivided interest in ingress and egress easements that traverse across the Subject Property. (See Easement attached). As such, each of these owners are interest holders until or unless they join in the application or sell their interests to the owners of the Subject Property. The City may not grant a permit that interferes with the rights of the easement holders. 2. The CUP proposes to obliterate easements that serve and are for the benefit of the Gary Plaza Office Park, including but not limited to drainage easements and utility easements (attached). The City may not grant a permit that negatively affects the rights of adjacent landowners nor may it grant a permit that interferes with the rights of the easement holders. 3. The City refused to permit members of the public, including Gary Plaza Office Park Association to view the CUP application, in violation of the Public Records Act, and in contravention of City policy and procedures, including the City rule regarding inspection stated in the Planning Commission Agenda. It is impossible to determine if the CUP City Council 41 — 422 12/20/2022 Appeal of Decision of Santa Ana Planning Commission Re: Conditional Use Permit No. 2022-14 October 17, 2022 Page 2 application contained all necessary information or even if it was filed by the property owner or the owner's authorized agent. As such, all bases for this appeal may not be included herein, and GPOPA reserves the right to augment'this appeal after the City provides GPOPA with a copy of the application, either voluntarily or by means of a judicial writ of mandamus. 4. The Planning Commission approved an application not contained in the agenda packet. 5. The Planning Commission approved an application it appears not to have reviewed. 6. The Planning Commission's approval of the CUP violates Santa Ana Municipal Code section 41-630, et seq. 7. Identity of the applicant for the CUP is uncertain. It appears that the applicant is not qualified to apply for a CUP, per Santa Ana Municipal Code section 41-633. The owner of record of 1700, 1720, and 1740 East Garry Avenue ("Subject Property") is Gary Owners, LLC. The applicant has been identified as various persons and/or entities, none of which appear to be the record owner. 8. The Planning Commission approved a CUP for use of land not permissible in land zone P. (Santa Ana Muni. Code, § 41-313.5.) 9. The Planning Commission resolution approving the CUP contains false statements as to the identity of the owner. (Resolution, § LA.) 10. The CUP was approved without a proper CEQA evaluation or environmental review. 11. The Planning Commission approved a CUP for use of land not permissible in the General Plan. 12. The Planning Commission approved a CUP without making the necessary findings. (E.g. Santa Ana Muni Code, §§ 41-638, 41-639.) 13. The Planning Commission approved the CUP without making a proper motion. 14. The Land use is not compatible with the General Plan. 15. The proposed use for which the CUP issued: a. WILL NOT provide a service or facility which will contribute to the general well- being of the neighborhood or the community; b. WILL be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; and City Council 41 — 423 12/20/2022 Appeal of Decision of Santa Ana Planning Commission Re: Conditional Use Permit No. 2022-14 October 17, 2022 Page 3 C. WILL adversely affect the present economic stability or future economic development of property in the surrounding area; d. WILL NOT comply with the regulations and conditions specified in ,Santa Ana Municipal Code Chapter 41 for such use; and e. WILL adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. 16. The conditionally permitted use does not comply with the yard, height, area, off-street parking, loading, sign and operational standards set forth for the district in which said use is proposed to be located. 17. The CUP does not identify the specific use of land that is permitted. 18. The Staff Report and Planning Commission agenda packet referred to "Conditional Use Permit No. 2022-14," but no copies of this CUP were made available to the public, so it is impossible to know what the Planning Commission was considering. 19. The Planning Commission claims that it "approved," Conditional Use Permit No. 2022- 14, but no motion was made to approve such CUP. 20. The Planning Commission claims that it "approved," Conditional Use Permit No. 2022- 14, but the Planning Commission appears to have only the resolution adopting the CUP but not the proposed CUP itself. Since the Planning Commission did not have any copies of any such CUP, it could not approve a document not before it. 21. The Planning Commission claims that it "approved," Conditional Use Permit No. 2022- 14, but the Planning Commission agenda packet did not contain a copy of proposed Conditional Use Permit No. 2022-14, and therefore the public did. not have the opportunity to review or view what the Planning Commission was considering or what it purportedly approved. Yours truly, Melinda M. Luthin, Esq. of MELINDA LUTHIN LAW Attorneys for Gary Office lark Association City Council 41 — 424 12/20/2022 wtlrarl IZEC auln J) AIATL To, (y 7! BK 1 2408P6 198 rc pq qlN 3 I Jtleaf i Csr 7ila pt3t W.14'tiC 7 " ai4C0ow M OMME RECORDS OF` 6NRNpE CGII NiY. 6R€tfOPNIA lie a%151ED 5Yp, n. nix 9460ney"XL Bonn, W. 9H60 W nD r[t{ OCT 7 1977 $7.C3iJ C1O I SYYl E CARLAE, Coonty Rewttlar �i.Ii�C:L�?i{C3;.")sil_t::A5aMhiJ,:%I�' ACyitls�;hTFrl�` �IA THIS AGREEMENT, :gtlde and enhorsd into M U day of Suptember, :1977, by and between DVM, IN0, a corporation ("OVM"), and E. 0, RODE;1`FER and PHYLLIS R, ROOEFVER (collec- tively "za€seleffer"K R E C 1i 'i` A L a A, DVM is the fee owner cil the real property more parLicUlarly de5000d in Exhi.b" "A" attached hereto aN by this refe:.ranco made a part lsazwof and referred to as the "parcel A Property". The Parcel A Proper& has been improved with oe tni.n building thO ec+la arsd Other areaz t:hene:of constitute roadways, referred to an the "Parcel. A Roadway Areas", B. Rvdef.ter is the fee yawner O " Z061 prop- erty de8or.ibnd In Exhibit "a1" Attachod hereto and by this XeCerence made: a wart hereof, referred to herein as the "Parcel. H i'raiaerty" , which praAae A is Presently "Improvad but whsoh may in On iaa'ture be improved. At arch time as the Parcel ll Property in i. yroved it will have curtain road- way areas which are :c (erred tza httOi,n as "Faroe' B Roadway Areas" Q Parcels A and B adjoin each other and QRS T? xrsel contains tax grill, contain r=dway areas Providing a.ccas;s across such Parcel for the benefit of the other parcel to certain public Streets. DThe parties taexet.ra intend to " "a e.aaament.s tar the benefit of each tether over tine Pr,emi.scs owned by the War Party. NOW, THEREFORE, THE pA1<! xmS HERETO ilt RES AS FOLLOWS! I in consiclerGacicn of two seam of One 0011ur (81,Do} and Otl1GA• good oral val.iaaf)1C considcrratiOn raoei,vac'i .by DvM Exam RcadW= OVK hereby grants and demi Sas Ica Tts dOffer, ifs'• City Council 41 — 425 12/20/2022 o� 1240S 'i 199 their succL,.,:,ors rand a,ssi-grits, and to the tenants, r»taployeeS and irrviteez using a€r,y paortion of; Parce..3. B, An eaasemeirt 1:ar 1•.Rraa psurp[arare of a.ncgr€a=ss and ey.resxa over andon the Parcel A Rcaraelweay Area!, l o r,"a teci tap on parcr.+l. A. 71 In con i.derat.ion of tire. .SUM O' One Dollar ($1.,00) and other good and valuable? Consideration raceived lay Ittsrtr. tier frpm DVM, RoCle:i'rer hereby grani:s and desMJ-See tO ljVt°l, #.i:a sa:c.r;eaasar and rS�csa.cpna, grid to the terwints, employ- ses Sand invit»cmeo iisir,ea atay portion nt` Paarcel. A, an aase:marst tQr #:Ite: pazarps:4se.. of incur s,.q and eclr:cast over and on the Parcel B Roadway Araaaea as U1tA.maLely located ino110%-Ii,nrj :~amp.p.et:.lon of ui-;ora PgcMil li. upon request. from the then fee Owner of Parcel .H or aa.ray pacarson providing any loam with rerMpaect tp3Sreto, DVtl wil.i, isaecari.ea ouch rl;.a:ltc;J,a�lm doad or c3ca�zels ae may be: nece ,,tiny or, desirable to quitcl.ralm any right, t.itlo, Or interest to any portion cif pzlruel, B except i.hxat. nnrti.can gpec:ifi.ca,lly designated aa.s as Parcel B Itoa-adwaaY 1 a^o upon za plan or pzl,aanz for r develOjamcznt. OR VMrce7 B3 3. The covenarnts, texpis and Conditions Seat fOrth herein aax& bi.nrii.lg llp, n and inuro to the benefit of t:tac, partiac; harrrat. )' ':leas heirs, succosuio.rr; triad zassi.yns. IN W.'MMSS WpERPOT, .t#ar.. Pa-rLiQs h6,r,eto haava G.xo— cuta,l this Agreewl ,t Lhe flay and year f"i,r%t arbave written. Owl, INC_ a cat laoa caa;i�esn DVM.° WmvvitV d, jj&'( "RocicsL•fcs>: �� 1 City Council 41 — 426 12/20/2022 BX 1 2408t; 40 STATE OF CALIFORNIA } ss. COUNTY OF ORANGE } On fie i.embc r 29 3977, before me, the u.nc3c:r» i.Qned, a Nouary Pub.tac VAnd for Said County and State, personally appeared Nill.iam J. Carden t , known o ear.; to be �'xr+zat8en�,r and James A. FSesaw novrn tometo Ma the Poor Lary cT 'AR! INC., .0e corporation that, 0xaCUGe_d tVW within instrument, known to me to he the persons who axe:- cutod such instrument on behalf of said corporation, and raoknrwie.dged to the tbab said corporation exemed sucks inatr'ument in accordance with ;i.t:s, by -Taws or a :resolution of its board of directors, WITN7,SS+ my kaand and official aEaal. a �.'':. • ••: Way I �, �� 1 9, `:'�ti R+aFngY /uR4`C C.'.tEt 4�.rreEA � PRR:rG1PAl w �C3 �d,�,� �,i�4ns� QCYICR fi+ te21 C :f 7,G aCSCi S:Qx 99Y Lwne:Eralaa tJflFwq@ COW RR➢i19r h:lrah 1, 191E '��:� rr tiaa�i {.� nd �{:a {. (. STATE OF CALIFORNYA J 35. COUMTY OF On ? t�r_d6L Z 1577, before me, the under- signed, a hotaaxy Vubl.i.c in and for said County and State, personally app a.rad K 0. 1tODEFF1;R and PHY&M M. 12OD F€ER, };wwn to no to be the persons whose names are Subscribed to the within .i.nst::rtmenr., and acknowledged tnhrat they executed the sama. WITNESS My hand and 0001al Gael, (71=C"lCJA1, !'5RAi�.. '""s-�L,:�., --r�-i-�.�,1�_'.:.'.-';..»...^.'.. , L7 I.Vr1C�G Na' ' ry 1*taka,l in a.za =and for lllinif11rrd °t raid County and State 4, HpRW M LA l.�0F k� �ta.7 PatErla�rn� a�vrae €rr TY my C416MVICr) Ilxplfu Wrelt 6, kM -3- v 1 1iNa I' v� } City Council 41 — 427 12/20/2022 I BY, 12408Pt 201 qN .PARCELAJTO—PERTY Tfivit. parc:e ml.'a Ana, CotmtY Of OrOn510', �J'S� 1 and ;, ir. the ep:j? of N, ,qtate ol.-' r.,,Ajifornla, romrd,�e In cloak •32 Page 7,13 of Parcel Maps, rerWorr715 01' amid onjInty, <36.?r;c;r3kjad ar BffGXNM.TH, 4L rasp er.Z,j corrlf3r of 4t- -M--It2 - t�llthItd parc7a1 jj Lj)Lpery North 40* 32' W' P;asr,, 177.B7 feet 0-101nq the IAnQ of aAld pazr"7� 1s t"honce Abrtb 490 22' 30" AIPAut, 6-1,34 &Otl (:h*J1f-o north 40 .22' 30" W0.1t, 25,00 f0etl thqn06 North 401 37' 30" SUst, 10-33 1"800 t,)-ejrgee Nnjth 49* 22' 30" West, 32,00 fetltf tjjaa Plarth 401 37' 30" LA-9t, .246'00 evet to Lq jX)ITIt in the solyth"eterly lInt, of harry Avanue, (,h6lu` ACM7 said BO (jthwezt;eT.ty JJvo North 190 221 30" W6st, 329-59 'reef. W the buyj.wTinq OE a tanVerjt: curve a,Ongavc.> easterig and having N rad.fila of 67,00 fpetr khgnr�r northerly along gaid carvF+ through v oenfX01 nng'IP of 94' 44' 47" all ary Of 243.87 feet) tplxwe South 45' 22* 22II fffmt, 376.66 SOD01 R)* -p3l 5211 far sf, 170.34 for-ti t , -)joinon south 48" 4253" pa,t, ' 29" Aljst-, 209.27 feet 0 010 A)TST OF jg0.0,? qovr,,�i 441 37 pmG•Xpmxw. IN City Council 41 —428 12/20/2022 City Council 41 — 429 12/20/2022 ? Y y� s�pqy.} qqyy �yryrypp.�.���pp yygg � •W p.yySidl�M® qI�VRWdnI.bl .il. ' � `�� CAart�fr�lxA �I�� L'4�PArtY INUM 20000 KUL TO 000THG'AYivomah 10=8014 cold mr B.0, BOX 410 LONG M=, CA 90001 ATTN i RRM i'RopY ABPT* , LM RT84 RMBUM REMESTEO By MT AMMAN Ti a INS. Gq MOMOM W OM4WL n OP ORAN08 tOra ". CALil^ti3RM koo DE0 2 21987 F119eta ca Aa "s Ulu MR RE PS oomrst� w 0K FLU VAUX Ss UW W R.NRR MAKES RIMNING At tME 4F W EY C A AETERa ll"a Location; y�i�tyy�yof Syay�.nta9 Ana y GRANT ryy� �p.�} @gyp yKOM A,P, , GRANT KG Fif1'i43c 4EK MOBILE HOW PARTNERS 0? CALIFORNU, LTD., a California limited partnership, (hasteinasfter referred to as "Grantor") , hereby grents to SOMMN CALIFORNIA BOiS014 MANY, a corporation, its successors and assigns, (horeinafter referred to as "Grantee"), 0n easement and right of way to construct, operate, use, maintain, alter, -add to, reconstruct, enlarges. srepair, rettewr, r0laco, if:MpOct, Improve, relocate, sand/tar remove, at any time and from time to time, electrical system and conuarx4toatiem systems (hereinafter referred to stems") consi:stinv of wood and/or single tubular steel poles, q'uy ww res and anchors, rasrQ30arme, wrives, conduits, vaults, bass,lhOlft and othet fixtures and appliances, with necessary sappurtenances, both overhead, with reference to strip I onlyand underground, with reference to Strip 1 apd Strip 2, for conveying electric energy to be used for light, Meet, power, and for transmitting intel,lAq0A0e bY electrical means and/or cuter purposes, in, under, on, over, along and acraso that certain reel property in the COMUty of t7tOnge4 Steto of California, described sm —fol lows s That portion of Parcel 1 as shown wit parcel Map filed. in Book $6, page 36 of Parcel Maps in trio office of the County R000rder of said County, lying within A strip of land 25.?D0 Peet wide, the Southeasterly line of said strip of lanes being described as follows; BROXNvING at a point in the centerline of Alton Avenue, sold point being South 490 21.' 05" East, 00,00 feet, ECOM a found I inch iron pipe with snail, tagged "L.S. 324511, accepted as the intersection of said crenterliva of Altort Avenue and the southwesterly prolongation of the Northwes3tearly line of said pa,roaa 1, said point oldso being North 490 2V 0 " West, 804..34 feet, measured along scoldcenterline of Alton Avenue, from a found 2 1/2 incU Brass Cup Monument marked. "L.S. 3248" in hwAwell• •set at the 'Oente rl.ine ..interaeotign of Alton Avenue and Daimler Street, per Tract No.. 6616 recorded in 060% 258, pages ao 14,1 31 of Nia ll znessuo Maps in the bfs?iaa Of the Count Recorder of said County; them No th 4411 38' 52" 260t, 1W O; feet; thence North 43 00, 37" East, 96.57 feet; thenct NOtth 45" 22' 22" Nast, 267.72 feet to a found spike wadi washor accopted at; a point in the Xorthwastecrly -prolongation of the ceftta'rli;ne of Qarrg Avenue, said point bears North 490 22' 200 Wet, 828.35 feet from a found spike and Washer set at the centerlins intersection of carry Avenue and Daimler Strwaet as shown on said parcel slap giled in BOOR 56 pago. 3d or Parcel maps, RW 10 Ron. 04M Document dumber: 19870705406 Page, 1 of 3 City Council 41 — 430 12/20/2022 8T-T05406 Grant of Easement Mobile Homo parctn>erss of California, Ltd„ a Californian limited partnership, to 6.C.E.Co. a Corp. serial QED. 00682A That portion of Parcel 1 .as shown on Parcel Map filed In bocsk 96, page 36 of parval paps in the office of the County Rocorder of said County. lying Northwesterly Of the hereinbafore dascvlbedl Strip 1 and ;3authe600rriy of the i+allowing dg>sosribOd lines 8301=,Na at the intorseation of a line parallel with and $0. dp feat tAottYwoSterly, Measured at right angles, from thO Noutheaaterly line of the Uoreitibefore desor1twed Strip 1 .and the Northeasterly Tina of 4014 parcel 1 of Parcel Map filed in Nook 56, page 36 of Parcel Maps; thence South 30* 44' 39" West, 216.61 feet, to a point in the €o xthweater.ly litre of the hereinbefore described strip I. Grantor rretain$ the right to use, to the extent Ouch use is not IncoAsistent with brantee's use, the surface area and the areas abovo and below the ;surface Of the easamsut in such manner as Ovantor shall doom proper, including but not limited to, use of the property as a parking lot. €lrantor hereby also grants to Orantae, Its SUCCOSBOrs and assigns, and i.>ts and their contractors, agents a;'nd >stupirsyeatso tine right of tree access to said systems and every part thereof, at all times, for the purpose of extrai.singB the eights tssr+ain granted, and the right to clear and to keep clear the above described real, property, frae from explosives, buildingsa, aqquigmnt, brush, oosolisas�ti3ble material and any and all; other obsstru'�i:3ons of any kind, and the right to trim or remove any tree or , shrub which, in the opinion of Grantee, may endanger Said systems, yr any part thereof, or interfere with the exorcise of the rights herein granted. MMCUTED this day of i1! ig.&L. MOBIL0 UOM PARTNERS OF CST, iA, LTD. 13 general Partner b bglov General Partner California corporation rant dent 6earretarY (;ENZ a VARTHE R Document Number. 19870705406 Page. 2 of 3 City Council 41 — 431 12/20/2022 8 ! 0V V Grant of 8804ment E4obile Homa, Partners of Californiat Ltd., (� aCalyi0tWorAi4 limited partnership, to S.C.EXO. a Corp. Serial go. 58602A STATE OV CAE,IIOR IA COUM or 3 on this day of , 19._____ , before me Wind— a Notary Public for said State) personally appeared Clinton L. iaflet, personally known to me (or proved to We on the basis of satisfactoryevide e.) to be a erleral partner of the limited parwithin tnevship that executed the with instrument and acknowledged to me that such, limited partnership executed the same. W,TTMSS My hand 43AO 09f 10101 8041 - STATE Of CAL�E'e)Ed IA BB. COt]M OF 4j on We —I+-- dal* of 19 before me, a Notary public in andforstaid 6tate, perrsorrslly appeared James S= TA710t, personally knowa to me (or proved to me on the basin of satisfactory evidesoo) to be a renewal: Parrtrrer of the limited erthatship suctr'that ezecuW the limi,ted partnership within e so uted the ame�riA acknowledged to WI 88 my hand and off ioial seal, 0ERISEAPEir. R Y,.w, ..Pxr.CatVO" A�YIYNYu+µ.Ek'Y7lYV1'• a>, C... t.p. �•.c w S DENISE ANU[R.OH STATE Or MIMRNIA a YgCwur Eq..Y d� EI.tM►! urr Y or �) On this day *f bexe , a stca >Y prrbl rr in arrel for ssld State, personally appeared perenrrslly 3cnow>s to we {or proved to mra n .the bs�is o" s t vta�r evils o) to be the President, araci , pexstrnally known to Ira r provedl trs me on toe€ blrs s of satiofactory evidence to Se rx terry eaf villa ana ament Company, the rscrpozak3on that ex catad the writitirr inatxruaaat aAd Personally knoWn or proved to me oil) tasis cry evidence) to be the person wbo executed the within inst>rumernt on behalf of said cor,porcation, said corporation being personally Uptown to m (or: proved they basis of satisfactory to a own tory evidence) to be a general partner ezeauted instrumentin chthelt rhi t3c .. ZomtedWit�th$wasuch of i to pat partner and that ouch. partnership exredutod the same. WITUss my hand and official 9ee1, Y pFFIOIAL SEAL u ,/4SSIF fi. SCFtp'cBEL i feolaE� r'uesllc-C.�I�r�nv� P Ws Auotm8 counrY ytk—, Eo. Mist. it, IM Document Number, 1987070540E Page: 3 of 3 City Council 41 — 432 12/20/2022 9b3Q ae UNLUR [—VA-041C] --- —TAW10 No RE$plU€ION Q.K. AUDWYMN W I MERIPTION K. V.PTAN 11P.0-030-36 Sr, 197 PM 562 m PLACE POUMIINTASY STAMPS IN TKS PACE awl wi,fo, as their ........ ... ............. ­.,,,.­-­,­ ­-- ...... . ....... ..... ......... . .. . .. . .... ..... . ..... FOR A VALUARIX CON.MERATINN, receipt of wfikh l� heraby iekzwrladgell, DU' ",.L ....... . 1:10reby Gram Ta 'flit) City of Sonis Ann, A WinivipAl CorlmnWon the root property in the ("'Ity of S[Intn rkna C'nunty of Orange , SiAto of CRU*min, tltecribed no follow fLu kjn&IaIDejjt for j'aZ%d ar'd lavGl r. UM-11l'y IMUORes over, widuy, "on, Giarms; and throWth that porblcm cat Lot :11.6 ol' Moak 9 of Irvine12 8ubdIvislon, in t4v, rounty of Orwx,�e, State of callropiria, per MYAP of Imid fnibd4vielon re- corded in Book I., Pap 88 OV YdImeAmIeOun Kml,6rd Mapu, rpoord.9 f.)f $aid Eat t1l, most oclitherly enxmk.r Of 06id 1.0t; -,herwe, North 1;9D 2P or., vuet, FLIonig the sol),%wouterl'y Itno or aaid lot, n distance Of 11811,56 Te t to t1w. Boutbovwwrly 1.1ne of the ltvast dg-sarlbr6. Am the certified coWl of Pilml, arde.r of Coudeymatton ronarded Mrq 3, 1.966 4u Bock 4Pmo 139 of Offialal PpuQrds, reF-wrd8 or aal-11 ;County; thenre North 4C,11 3G, p" Boast, alimr. said Ookithevatmxly 11r�D, TO.00 fcv.tg tbar,&, South W 4P1 53' J::amt 2;0.02'fea-, tk nce ",uth. 4M' Ytl ',h)" Fm%4 3?7,6, 1%1et to a 1111v Parallel with arjAd South- R� m W,S,,ovjy -16 mutant WOO reeT: therefrom, mrjivur.d at rtgL:t wlglfm%,helim 9�,"th h90 �11 05" Efwt, alwiv said parallel line, 8M79 fEmlt to Uo,, beginning of a tlmscn-I; cu vn aon.cwve Northeasterly and having to rUNS Of E,.W.00 Natl theock, along Haid curve, flim*h a mitrlil wlp'-a at 70 P11' 07", as �Uat=" of 1118,5feet to a rEvers"I curve, 14 qonvrve Somimaterly and t.aving a ra4i,is of 1�210,rk feet; thence amtheasterLy* ajolig Ovid rvurse curve, CxougYi a aentrml unglo of 'r, i41 07", a di.tance Ci` 161.119 feet to 'Um PoOt of tanzeftoy of ow'd curva. vi.th a 11ne pvxrllel wi.th feet _h,?r6fraM, V,Aid And Noraleasterly 60,00 jwaj=e(t at rl6k, w1glell" SaAd poiTa �Yf Lunryp-nuy lwtng, on the 9vIlthe"ter1y 1:11W car 13 W. d Lot -U6, thearm Smth 40 3" waQt, alone jaid ,Bout mwl�erw 1.1n., fe.ert 1lo the paint of beglnuin& A3.6 0 . hereby granuing C, vehlfnii.pw Fxmcoie; Hgbto 4o Alton Avennc frolz the lwldE; ni Nflrttleggtp.ry line if Thai Oigva deac.r!bk,.,d prcqwty En at ........ . ... .......... ... ............. STATE OF CA-1, iNIA COU,11TY T 44A., PhyL.b: Yj . .. .. ... ... ... 2" mplj 0, wjv M CIN C.-ld, nr 9,00.1?-too Ila 14 41-001 loom X,U w V.4 Zee` 71 fog AEC® a".5 UNC Me ... ..... . .. . , Iho wilhin lrmomm andUzk&—!��md eh, tALA LONDE R N, LF 'IV ; WIT M mq mei wil Mall Tax 61wirAnwit lo 4my Ile in and �mwg md SmA. CO.* 0 ft U-0, 9,1SIrRED M. J.A J.(IN /,-Mll cuy Htlfi S,n" Als, 1 Cn .1 sane, AM W N. MM. 91-1 JMlV. A- 4I.M.M. M01 City Council 41 —433 12/20/2022 G�7a i YAi[89 ROAD .................................. __._._,..__._..__._.._...........,.._.._.._...__....._..,.. City Council 41 — 434 12/20/2022 HYr 3G8 fi CY. iII.TB re) ,>?tts)N0 RrQkfriti VLb n'Y IOUTHERN CP.LIPORNIA OWN C&PANY $,A, Y/NrCN RECOIFIDFre MAIL 'VO SWUM CALIFORNIA EAISON NW-PARY ANT 9h 1n4IZ T r Eiv1E<T (Ial(alVinvat.l O71 ax 1 10,9iPa 197 $�,OQ ACca tpE� En AYPE08a Of PIRST AkkA, TIM IHS< DO- Ipwonos UP t1AANq£ gf9iINTYi CALIF. L oln, ,ittClBiYEH,CvnittyAe4nrs�t_ -gPACV ANOVL TH16 LING F )PI RaCCIrit'JUVO UGC-W-+-�+ ...................................... ............0 ._...y...... . ,.:..,.€.,...............-,`, m.......•....,,„,, ,.........,............,...,...... — ilvomlx.{ter referred to ns Grantor{a)", hartby. yrxut{s) re SOUT7� IMN I'rih.�l ORNI.A LDYSC)hr CI&,r1lA.NX, p eorpotatlou, its li*z rkvcnyq ntzd Asaf na t3r rcc_nnfow rt(errod to ah "Grnntut"), !in easenient Bind vi3.t}it o€ Way to conotrnec, eee, maldmiti, ofserec, erttar, add to, req"ir, retilaca, 1ARpect. and rarnarc At: Any time and flora ti ai m timL andelgravni3 elexlm, C 41 pJAY sySums en.d gnwrnnmtradov SP 61�r,eq (Iieronnfk-r r6for`md to At "ryxNgns"), consibtifig uP tvireq, titizgrunad wrida;ts, calslca, Vaatts, uunheW, ;xandholet, find (neiuding ahnva•t irnrrexl mcitaiuret;, lnirlltrs Mid cuncrvt„ pn(}x and athcr a})perr- te,mat iWuras and ugal olrill Iier:e:x!rnry or usnful for <tiatrr`inrt€erg eleatrlaal unergey snel Crit trfti3sm kflnt C {utalliHmisa hs 6Lry tr€e` 1 troears, in, DI"" ovar, VIldilf, ncraea ant{ a,la119 that certain real prollerky is thn County oe................ .............UXAIA},A...,....................... .... ........ ....... ......... o..,, :,'we taf CA [I htTnin,. (Iestlilred as, Cn116ws ErL ATTAolm) 111wi7.k n' A" Farb LWAI. DUC'UPTYpN. Crnattor(a) spve(p� for tbetnorlvice3 ), thclrMPR) heira find assi)yne, nal to crssc, ``lace or 'Unirudil, nar to pl unit" the erprUritl, Flacern4:nl of !naint',lnanea Of Any i)ailditry, plat Lar bOXes, &aril r,11 Or otli.e, Mrtim.hires evvvt watin U"d (fracas G4 010 IabaVe daacribad mill Vroperly. lha (rranme, And ilr coa. trAculrs, ngr..nts And etnpleryr.An, slsall hnYc tire: CjKht to trlvn or cut tree meats na ntny aildArig" orfaterfere with sold Ayovins And 5hail Nava fraa aceoss to quid systems aid avcy part 111me(, at till tlrtler, (ov the L)LA,11Ose at W<arcising thr� r{gliks 114relIZ gl'Itnted i pTavldetl, h0WtV9r, that In n9Rlrinh a!?y excayufio" art AA!d {lrtrrett.y of the Gratstor(s)..tie Grtuttur. shall rnalxw the straOa in sets{i namrner rq wM aanU t}ie least I , to t1,o surinra of the growid orovind 9mii erumtios and a)IAii raplpaa the Onrtit 30 rgnll)Ved I)y it alai rr.�1,?Tu ;Ire surlaaa of Oil, lgrontul ro All rew the same. Gti;,dWnn as it wao prior to Saab vxr,3ivaxiUri as is pi•uclianAlc. � s r ..,..........................J......,....� aGLaCfa this dt ok lkzt C� ............ zr i s Gi Abi'PO (S), CCiUNTY/f crt•:A.r4:zai5�r..._,.,...._.........._..,......,.._....f ey. �/s�3 m lu do tht Iler6eYefai wlicee nulwtC) 1. [are) xwoolied In tun 1viIMM1 IsiBirfraicku, ar } exna.Ited t6n unle. i my hind and o.fAd.0 teal. '" %e✓.� fiat' l��t i�t. se�L �. �. '� I4iftl: it%U (ri. i,p LOtlliE: ._........KIUIFRED M, L,i ittJ................... -, , . mOtaiirnt)gttt;•^Auff(Fftn�A yfl EEhNr3e glatlM7Y {{DE ,.f%�46 t?)'f.`dlEilalili)y tx�tp 3lBi,$N, 3379 �c^m�,mrrrcuc,^a tlast pu6ratr, Y®ihWs, Cn11G 9Iy4t City Council 41 — 435 12/20/2022 Grant of Barmant, 642 9 -6705; B-6706 "MIDIT A" sx I ; 087P6 1198 Nino (9) atrf'Pa of heat, ench, 6 foot. L-L vidth, lying witUo Parrole I and 2 as shown on a remp filed in A"k 32, page 10 of Parcel A%pa, in Cho office of cha RpcorJar of said county, the c=tarlinca of saki Htripj3 aim dcaaribcul as followat I lrrn�P Vol beginning At at PAVV in rhos couthWL5terly lltl� of said Parcel 2, said polxt io 2ocared 99 fact northwaotuly neasurad along said aoqtbw6iterly MrA from the mum: flouthal,ly Corner of a5al.2 Parcel: tileaue, South 40431,30" lqaBt' at r1aliv. angles €"m said muthweaterly Ifne to the. 11ne o2 Alton Avenue, an now nwtAbliahod, STRIP M, 2! Bcglming again at the point of beginning described to Strip do, I above, thence, northerly a dlsvanwa of 03 seat to tl point h4rOlDffftar referred C. a. Point "A", whicfi point is locstnd 291. lent southwesterly, MoaSUrad at right angles ftm the northeasterly lim Of. paid Parcel 2, Trup No. 3 1 Commencing Fit the. mbovmnntianud VVint 11101, thence, Noxttl 110,31,30' East porallol with Lem eoutheastaely linen of mid Parcel 2, a diecQuve of 6 'Got to 010 TM PCT ' M NT OF DINNIAG of thtA t,. ihRnma, Bouth 49'22'30" Resa distallce of 21 Peet to the ba,�Inniq of a eaoguot faii-va "acava aorthorly havlDg 4 rARUD of 4 feet; thence, imtbarly anal Aanrorly along said curvoo through a amiltral angle of 90" an are distance of 6'2d feet; thence, tangent to nlld curva, North 40'37 '3011 m4r. a cliutanru of 241 fast ran -,be aol;thwastavly line of oarxy iwertio, 60 feet -tir, width> OomolsciDg again at Said Polfif. "A"; Uhemco, Sautfi 60'37'50" West a di.otapte of 2 feet; thence, North 49,22130" 10at 6 distance of 2 fetat to the UMP, POINT OF MIA': NO; tlieuaa, South 40'37'30" 'loot a d1utanvo of 5$ fdbt. IMPILP No. 51 CPIRMan0ing aS4411 at Qa1d POiM "A"I thgULUt 91MOL 1,0'3713V wext a (116Anct< of 2 fitatt thence, North 49'22'34` ftnt a diDtancm of 12. teetj thence, :forth 40'37'30" East s diatonco OT 6 feet to A poinL beIrAinaftar. refexred ra wi Point "B", Chu ':'RUE POINT OF 33HGI?M1111Q Of this darcriptloft, thmkmn, war; Orly a dintanae of IP6 feet., to a rmint In A lane that (L" PRIrs1101 W;i.th alld d1ptant 336 feet smithwostorly, avaeurad at i;ight anslao rvo the noyramstuly lien of SRU Varcol 1. MKIUN2,—L. ftaiTming at the atovPrmftt1ono4 Point "B"; tharjca, t4rttwasterly a ilistanas, of 273 feet to a po'ftt In 4 Sine that is 1)0rall6l with EUd dimtant molithwokmarly 351 t1MV, illegskired tit riobt angloo fr" the nootbeastorly line of acid Ps,roal A., SMIP IN0. (Iomaming at Ch& abm- wort t iaimd Voliit "B"; theneA, llqoruh 40137130" nast a distance: of. 2 Zapt to a poiiit harefaafter r6fnred to as 11olat "C", the TRUt POINT (YV BIUMM of thin dwace, morthwo-ntorly a distance of 263 feet to a point in a l.zua tLu is parallel wlLh and distant 247 fizet southwesterly, moivmrad at right onglao from 0aid nnt!thea$torly I'JoB of Parcel L City Council 41 —436 12/20/2022 RX 1 108WO 1 1,99 Orgilt of Robwellt 6425-6705, Y-6706 TW;Jb-kL "A" prigs .2 STUT NO 8 c IMSjuning at the alwvaunant toned 2aint "C", thatira, xqorttia:vly a Oictants of 163 Yvet to 4 poiat an a Linz that L(I parall.al w:Ltb and dJ6taftt 186 Peon Southmantarl-Y, w1mourad at r,'6ht glaT! M.-gl Beg$.ju)jng ttga'Lja at said POILIt 'IQ"; tj)enaa, crortlaantatmxiy as distn4iea of 9.2 Tamt to e pnint in. a line that is pargllaj with and dl.atanh 186 feet Houthwafterly, Measurgd, at 0 eight Angle o frorn said nc)fthetkalerly lino of 1-arve.l. A. A,15o, a rectangular parcel of Land, 101 x 1.21 in Riza, 400ndRd and despribad as rollawa- begiallills at the'Point "A"j 00710a, Louth 40,W30" Pea a. distance of 2 ka*Lj thence, North 49*22130" Wet3c as ilistaftcP of 12 feet; theilae, lqoTtb 40'37 13016 lust a dintante of .1.0 feet,, thence, South 49'22'30" Basit a dinLAI)fta Of 12 f.00t; th¢nte, south 10037'10" Oeet 8 feut to the poil)t of T1w ftfultee agreem, by the crccrlc nalaa OV this Instrument, brut in the event Afta Olid ur41ei.gtDwvJ alpccr.tv 41jia, IyLM within the nbova daarribizd str1po of land, shall 111tarfere uich thki development of the Albow deseribed property OR tht" GTailtur, then the (3ray,4.ee will, at Urantqr'a expanse, wuhill ftiwty (9c) day& After t1w renalot from tha Crantor 0% 13 written notice an to Iki, 1;el000te. 9ald electric 11-no, or a porU: in tbevapf, in a ieaai2ie locutivla on tbu property uf tbo Vranrov nkut go 0% to OLsnf,Ttn to any funuvo bmil4iu� q7 atrua4ra Aich may Ine erected fin the property of Ole Grantor" na7,d Grantor qhall. fijz%ioh th5a Grixtema with a, gond and awffirlent. peralanaalt (h!ant OC U�aohiant swtiefoetoty to the Grantee for saIA acftrie :ling in such new looatioaI a City Council 41 —437 12/20/2022 Xw P03 RRV. EeCcflti talNr., lEre9UV'%'rRD Fiv 1 21502 SDUT11F.RN CALUORNIA EDISON WAVANY WHEN RFCOR€9E4 MAIL TO SDUTURN CALIFORNIA FDISpN WAPANY \ti ok I 1 f 0 ,1Yr, ! a5 _ A8CaRpEO kT R$♦all@ST pp FIRST litst % TITLE IHS, 0Q, IN WIMAL REtloRIiS or t1RANU WYNTY, CALIF, 01Am MARL 2(; 1074 JI-wvUtCIEALYi1� yil,Ccµ �In#}necrrdcr SPACE AD(WE VA10 UMV. nR nKC01url6.rc'S} iaLt�]'A1'Y UTF' GAgFAT d��MiMi`IT i1NI�Ivtui3Ar.7EWN Lure TPAR87df; �anu inneansidnraflGnl P qre}Rltgrcr oTWt �Xmq 'XxrIW1lt4 mK��.FIXM kFMC 3, Q, lif5r7StSrER nud plfY3,1!'ts bf, RI)f17';RF'It {,;(]t.j ti , n Lrr isY tr.lnn, 118 hiFCtd°RRat'$ 911li4 ot�y, Yg hCPCtnLLo referred .......................1i1••..,•.•,,,•_W.........O.,, (harainzbf€er referred to ax i:routa!° x}", licrnb r,I7t'6 to 5r,3U7`Hl1;Ith[ CALLFi}ftNfA T:17I5CJi� ( to Ad "Grantee"), tut aaselncat Aral r.it(2it of wa.y ul l:altsrl'uc€., use, ufaintlln, operlatq, altar, add to'; repalv, rnrr4 xP.., racrnshtrnc(, inslx4d and rmltova tit Any time and from tinte to rifle nndergroulul del!1ricnl au(slily syl;L nie Andcorrrrrunh:atl n rya wit (hrrcinsdter referred to ;In 'Ispstcnis"), amiet 41g of wi{•eel, Ito erRwma t culidiitta, dnbTns, vwits, lnn Hofer, baullholes, lard is%hjeiq hbow glroaud r.nr.3oawas, Tnaikers and concrete pads niid otlitr uppor- tallllnt fintw•r;a n.nd aajuji esaeas vretcsbnry or tlsuful fen dio,ihating eteciritai mA*Vif}y and for tratnni+)ttting infei)Ilftryefl by gloctrtcai means, Lt. on, ovar, undue, acres find s)mlg that tS.rtllirt roll property in ihn count), OE (Ycat fx F »,,,•,,,r»„.. $tarn n6 Cal{in mIA. rlrsaribed Pr fgHow'nt A strip of ]alad 4 feet in xidtli, lying. WL011.n riot 116 or if.lvuk 9 ok Uviaera Subdivision, rn as par map raeordetd fit Oook 'i, pago dd eP Mooellaxlewo f(sacnr;d Mmpm, ix t;Ine affiOm of the COuetty Recorder of ouid County, the. ceuttarline of said strip htitng deatx.ibrtd as followsi bekinnirl; at a po:: nt in naiel .liar, di.st:ant southarly 244 faett and weetexly 513 .ftet, measured at rLghr. atlgles reagoativeiy .Ftolsl the urau1;,he0,y line of Garry .Avenue, 60 feat wide as (tow staeablL:th", kvid thu w¢starly 11ne of 13a:aLlor 9Lref€t, 60 $a6t w1do as naly eatabliolied; (:dense, So(it.h 49'22'30" Mast 26 feet-, thanae, North 40"97t.30" Last U4 feet to a patiat In nald Poothrar?ry l.t.na a£ Geary Avwwwq, Cht C:ranule ezraem' 'ry the urr_eptaace of Ctr.1n i1JAC7uMGnt, EITCt i,7t Clra Flv(ant chi, sal.d urxtvr;grmuad €:lestx;i.c 1ivo, lying within the above daerr;IbP-d Atripa of land, shsll In intarie,:a wiIj, the deve],vpmerat; a,f tiia above deser4bed property Gi' the Grantor, t.hoat " the Grantem will, of {Teg.ntor.re Lxpaxtau, within vatnety (90) days .oftux tiro reee'ipt from rite CnirsuLnr Of s WV Ltasrl naC.fcns Isn to do, reloe.Are said Ialearic..LLna, or a purt'intt thavaoi', in .a .femaible lot aCloo art the proporty; of the Clvatator mad Go as to aunfal:m Zo & ratty future belt4in$ or strue.txil whials may be areaL•ed an Itlte property o:2 tho Ursntor, astiii Grantor alhall .furni0i the Grnntee vrS,t;lt a good and uof£itiont permanent oranw of Sia„varnant aatl'Lia.c:tory to the Grantee Parr sa:.id alaatri.e Lira in auah naw lovar° on, Geaailor (a) agrec(x) tar thLLnisatuce ()xxsatnd$� , their t Heirs 1111d Arai ns, ur,4 to erect, glace or In4it0t, nor to 1wrrnit the emelitan, platainort ac aiailtteitaritc of aay h(tildilia, gpatcr flw'45, ear€I till or olhet otructures except tvalls and fcnceii ttli tl;o shave daflcrhed aeul prolwrly, Tlie tirruwee, and its rxu- trnrtarst al"rats Alto ar,tpioyccs, 51lttll hevu the right to :tiara. Or rut trcu roots its may mudanges or intcdaro avlth aa:d systarnrl next stroll Iisvr (ran lievnxe to snid syslems and evary Imrt thereof, ar rill fhnex, for the purpose u€ exureini.ai}i tier rikhts Iwreill gtnntedi provided, isow w", 0111. is inllkiltq Pay excavrilialt on said pTo.perty of the Grnninn'O, 140 5ruAlae shafif 11INke tk4 same lit atrefl mariner as svifi cauaa the least 1ti)iwy to tip: surfircn of ate �rotsnd around ,•deli u cation, nix€ airna darth ll mptrtaie eas rwnoveal by tl mtld fwoair the suriaca. vi liiu gmliud to is near the flame tariditicn us it wrs rtr or to yurh "eavn€iou ns is )w'ntticable, SXLCU S day at .,... No7,,g7n.........., 19-29,.. _.,...................................... .............. ...,......... ..,%ia N.19 �...._. ......... ................... ..I— ....... .... ........ ,.........•....... iTNI SS GTtAAeTCiiZ("3}, 5'1'ATP r[+ CALIFORNIA afl, �C71,tIJ1'1" CS1r........ .GS'an0ti..,.._.....................,...._......,. _. pa ,.,,...f`li! a1k..ut.`�..t,._J.r9l=�,,...,..._.... ,,...,.., Aatnre. Ilx. a d4oiary l'o�iie ili a3id fsn SnEct State. PCrsonaity n;spa m; %nV4Ya in m lut.l4 Ihn [woo(s) iivllQhol IM r, 9i19,..tdr..OfJ,li' 0� sil-0 10 (Sit srltillo......_....................a.....,.:..,.,.....,,.......:,..,.....:.,, Inutruniinll, xna arkaaw}edges[ chat krm -txaln!! (lnx.y) o,;Ns nvei n!e %Ifne. WO" S5 ftv (land and nMrill seal. ....w i.�u�✓..,•,..� d.'� r��f �r �d-;a:..-t!yF� �, WI1'If'fiEil %1. Gs {.171YDE .:.ry...»..,r'.�`..............:.......,,..:......,.,,.....,..., .....,..,.,,...... .-I wainnrauaur.•rat.t�alaratA W1141FRED M. LA LONDE * , ba. ra¢� enlrrtt v r A{yCsnlmisu:on AxpAax td9f.3Q, l3Ay t7Qrt oWasnr, vaunua, csflr, BIrAh City Council 41 — 438 12/20/2022 MEMORANDUM MCT # 62765 TO: Finance &Management Services Agency 07% Tuesday, October 18, 2022 PROM: Planning and Building Agency Vducatxs r SUBJECT: Miscellaneous Cash Transaction All fees are subject to change at any time and may also be affected by scheduled adjustments on July 1 of each year. The Payee must pay the prevailing rate at the time payment is made. 'ROJECT NAME: New Warehouse/Industrial Building MASTER 1D #2021-166019 'ROJECT ADDRESS: 1700 E Garry Ave, Santa Ana, CA 92705-5802 AP #430-171-07 application # APPL-2022-2-APC Permit # ISSUED TO: Melinda. Luthin Melinda Luthin Law ADDRESS: 2721 E. Coast Highway, Suite201 Corona Del Mar, CA 92625 ITEM DESCRIPTEON QTY UNIT RATE AMOUNT FUND NO. I Appeal (Non -Applicant) 1.0000 $472.00 $472.00 01116002 53606 Batch'-65738 -- 10/1.8!202.2 ID; ctvic.t:or~ Office'. C:T'iH Tr arrws- ,� I i, ,.'T' 1 AcctrT. afT: 62765 RCPtv�1!abi!.!0 2 -- 40/18/2022 3!06 P!l Transaction Total $472,00 NELINDA LUNITH ;7 ICL (-'heck 1209 $472 TOTAL MCT AMOUNT: $ 472.00 Comments: Issued By: Pezeshkpour, Ali (Planning and Building Agency) NOTES: For payment to be considered complete, a GL Account # Total Miscellaneous Cash Transaction (MCT) must be paid 01116002 53606 $472.00 in full. Applicant must return to Planning with stamped cashier validation of the paid MCT for closure in the Planning system. EA Page 3 of 3 City Response to Melinda Luthin Appeal No. 2022-02 Comment 1: This comment states that the Planning Commission had no authority to approve the conditional use permit (CUP) because not all record owners of all interests in the subject property (1700-1740 E. Garry Avenue) joined or approved the application. Response 1: A complete application was submitted for the CUP, including a submittal affidavit signed by the applicant. The information on the submittal affidavit is consistent with the grant deed provided with the application. The submitted materials were determined complete and the item was subsequently placed on the Planning Commission agenda on August 22, 2022, and then October 10, 2022, for consideration. Comment 2: This comment states that the CUP would "obliterate easements that serve and are for the benefit of the Gary [sic] Plaza Office Park," which abuts the project site to the east, and that the City may not grant a permit that interferes with the rights of the easement holders. Response 2: The project site is affected by five easements, some of which will remain, others of which will be quitclaimed or modified as needed. These five easements are as follow: Easement Description Status Response Abutter — Rights of ingress and To remain This easement allows potential access from the egress to or from the street or future Alton Avenue overcrossing right-of-way highway abutting said land (1968) along the southern edge of the project site. No — from the future Alton Avenue modification is required. overcrossing onto the project site Southern California Edison (SCE) To be This easement is for SCE's utilities from Garry Company — for public utilities, quitclaimed Avenue onto the project site. It does not affect the ingress and egress, and incidental adjacent property, but will need to be quitclaimed purposes (1974) — from Garry when the project site is redeveloped with the new Avenue south on the project site building and resulting site plan. to a junction box on the project site SCE — for public utilities, ingress To be This easement is for SCE's utilities to the buildings and egress, and incidental quitclaimed and other areas on the project site. It does not purposes (1974) — on the project affect the adjacent property, but will need to be site, branching into 7 directions on quitclaimed when the project site is redeveloped the project site to serve multiple with the new building and resulting site plan. buildings and onsite improvements Abutter — for reciprocal easement To be This is a private easement between the subject and agreement (1977) —allowing partially property and adjacent property at 1800 & 1820 E. cross -parcel ingress and egress quitclaimed Garry Avenue that allows cross -parcel ingress and between the project site and the egress, but the easement does not specify exactly adjacent property at 1800 & 1820 where the points of cross -parcel ingress and E. Garry Avenue egress are. The easement intends to allow each property to allow usage of drive aisles to reach Garry Avenue and Daimler Street. When partially quitclaimed, the adjacent property will still have access to Garry Avenue and Daimler Street, in full accordance with City and Orange County Fire Authority regulations. Modification of this easement is a private matter between the two parties, but a condition of approval no. 9 on the resolution for City Council page 1 0 — 440 12/20/2022 City Response to Melinda Luthin Appeal No. 2022-02 Easement Description Status Response Conditional Use Permit No. 2022-14) has been added to reinforce that the two parties must complete any modification of this easement prior to issuance of building permits for the project. SCE — for public utilities, ingress To remain This easement allows SCE to access its overhead and egress, and incidental utilities on the west side of the project site. No purposes (1987) — to allow access modification is required. to overhead utility lines In addition to these five easements, there exists a drainage easement entirely on the adjacent site at 1800 & 1820 E. Garry Avenue. This easement is for the benefit of the project site, allowing drainage from the project site onto the adjacent property. However, this drainage easement will no longer be necessary, because once the site is redeveloped, the proposed project will capture all its runoff onsite and will no longer depend on cross -property drainage. Comment 3: This comment states that the City did not allow members of the public to view the CUP application and that it is impossible to determine if the CUP application contained all required information or if it was filed by the property owner or agent. Response 3: The City provided the appellant the opportunity to view the project file by submitting a request to view public records. The appellant ultimately filed the request, and the project materials were made available for viewing. Comment 4: This comment states that the Planning Commission approved an application not contained in the agenda packet. Response 4: The Planning Commission agenda packet contained all necessary information for the Planning Commission to evaluate the project, including a staff report, draft resolution and ordinance, copy of public notice, and relevant exhibits. The staff report contains a detailed project description and analysis of the requested CUP and amendment application (zone change). The full agenda packet was published online and remains available for viewing at https://santa- ana.primegov.com/Portal/Meeting?meetingTemplateId=19499 . Comment 5: This comment states that the Planning Commission approved an application it "appears not to have reviewed." Response 5: This comment is similar to Comment No. 4 Comment 6: This comment claims that the Planning Commission's approval of the CUP is in violation of Santa Ana Municipal Code (SAMC) Section 41-630 et seq. Response 6: The appellant does not provide any further justification for this claim. However, the application was reviewed and processed in compliance with all Santa Ana Municipal Code and state requirements. City Council Page 2 0 — 441 12/20/2022 City Response to Melinda Luthin Appeal No. 2022-02 Comment 7: This comment states that the identity of the CUP applicant is unclear and that the applicant does not appear to be qualified to apply for the requested CUP. Response 7: This claim is similar to that made in Comment No. 1. As stated previously, the applicant's information is contained within the application and was described in the staff report, ordinance, and resolution prepared for the project. The information therein is consistent with the information contained within the submitted applications. Comment 8: This comment states that the Planning Commission approved the CUP for a use not permissible in the Professional (P) zoning district. Response 8: Among the requested actions is approval of an amendment application (zone change) to bring the site's zoning designation into conformance with the General Plan. The current zoning designation (P) is inconsistent with the Industrial/Flex. The requested zoning district amendment to Light Industrial (M1) would establish consistency with the General Plan land use designation and would allow the requested project through approval of a CUP. Comment 9: This comment claims that the Planning Commission resolution approving the CUP contains false statements as to the identity of the owner. Response 9: The appellant does not provide any additional information to justify this claim. Comment 10: This comment alleges that the CUP was approved without proper environmental review pursuant to the California Environmental Quality Act (CEQA). Response 10: The City has evaluated the project in full compliance with the provisions of CEQA. After a thorough evaluation and preparation of an initial study checklist, the City prepared an exemption pursuant to CEQA Guidelines Section 15183. Pursuant to California Public Resources Code (PRC) Section 21083.3 and State CEQA Guidelines Section 15183, projects that are "consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site." As detailed in the Environmental Impact section of this report, the project was fully evaluated to determine if there are any project -specific significant effects which are peculiar to the project or its site, and none were subsequently determined. Therefore, the Section 15183 exemption prepared for the project is the appropriate form of environmental review. The exemption is attached to the report as Exhibit 10 and a complete response to this is contained in Exhibit 13 to this report. Comment 11: This comment states that the Planning Commission approved the CUP for a use of land not permissible in the General Plan. Response 11: Refer to Response No. 8. City Council Page 3 0 — 442 12/20/2022 City Response to Melinda Luthin Appeal No. 2022-02 Comment 12: This comment alleges that the Planning Commission approved the CUP without making the necessary findings of fact pursuant to SAMC Section 41-638 and Section 41-639. Response 12: As detailed in the accompanying resolution for the CUP, all required findings of fact pursuant to SAMC Section 41-638 have been made by the Planning Commission in its consideration of the requested CUP. The resolution has been included in the staff report packet as Exhibit 2, containing a full recitals section and detailed analysis of how each of the five required findings of fact can be made for the project. Comment 13: This comment alleges that the Planning Commission approved the CUP without making a proper motion. Response 13: The appellant does not expand on this statement or provide any specific detail concerning why a proper motion was allegedly not made. The Planning Commission held a duly - noticed public hearing in accordance with all SAMC and state laws, with staff from the Planning and Building Agency and the City Attorney's Office available to ensure proper conduct. A full video from the meeting is available in the October 10, 2022 agenda packet is available online at https://santa-ana.primegov.com/Portal/Meeting?meetingTemplateId=19499 . Comment 14: This comment states that the "Land use is not compatible with the General Plan." Response 14: The Industrial/Flex (FLEX) General Plan land use designation was established in order to encourage a range of low -impact industrial and limited commercial uses in the area in which the subject site is located. The project has been designed to minimize impacts onto surrounding properties. Moreover, as a result of the Sunshine Ordinance community meeting process and feedback provided by the adjacent property's representatives, the project's site plan was rotated clockwise 90 degrees to orient the loading docks away from the adjacent property. Following this revision, the applicant further revised the plans to note installation of gates and height -restriction bars to prevent large trucks from circulating on the east side of the project site, which would further minimize noise and vibration impacts on the adjacent property. These measures are all consistent with the purpose and goals of the FLEX land use designation for the area in which the subject property is located. Comment 15: This comment is claims that the proposed use for which the CUP was issued is inconsistent with the required findings of fact contained within SAMC Section 41-638. Response 15: Refer to Response No. 12. Comment 16: This states that the conditionally permitted use does not comply with the development standards in the zoning district. Response 16: Refer to Response No 8. Moreover, the project has been designed to fully comply with the development standards of the M1 zoning district. No exception or variance is required to allow a modification of these standards. Comment 17: This states that the CUP does not identify the specific use of land that is permitted. City Council page i 0 — 443 12/20/2022 City Response to Melinda Luthin Appeal No. 2022-02 Response 17: The staff report prepared for the project contains a full project description and accompanying exhibits, including side plans, floor plans, elevations, landscape plans, and renderings, that fully detail the project and its intended use as a flexible building for warehousing, limited manufacturing, and distribution uses. Comment 18: This comment states that the staff report and Planning Commission agenda packet did not contain copies of the requested CUP and that it is therefore "impossible to know what the Planning Commission was considering." Response 18: Refer to Response No. 4. Comment 19: The comment repeats the claim that the Planning Commission did not make a proper motion for approving the CUP. Response 19: Refer to Response No. 13. Comment 20: The comment claims that the Planning Commission could not have approved the CUP because only a resolution of approval was contained in the packet and not the application itself. Response 20: Refer to Response No. 4. Comment 21: The comment repeats the claim that the Planning Commission could not have approved the CUP because the CUP application was not provided in the agenda packet. Response 21: Refer to Response No. 4. City Council Page 5 0 — 444 12/20/2022 Community Development Agency santa-ana.org/cd Item # 42 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Conduct a Tax Equity Fiscal Responsibility Act (TEFRA) Hearing for First Point I Apartments and Approve TEFRA Resolution AGENDA TITLE: Conduct a TEFRA Hearing for the First Point Apartments I and Accept a Resolution Approving the Issuance by the California Municipal Finance Authority of Exempt Facility Bonds for a Qualified Residential Rental Project RECOMMENDED ACTION 1. Conduct a Tax Equity and Financial Responsibility Act Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority (the "CMFA") on behalf of the Santa Ana Pacific Associates, L.P. to finance or refinance the acquisition, construction, improvement and equipping of First Point Apartments I, a multifamily rental housing project located at 2114 E. 1st Street, Santa Ana, California (the "Project"). 2. Adopt a resolution approving the issuance of revenue bonds by the CMFA in an amount not to exceed $123,000,000 for the purpose of financing the Project. DISCUSSION Santa Ana Pacific Associates, L.P., a California Limited Partnership created by Pacific West Communities, Inc. (the "Developer"), has requested that the CMFA adopt a financing plan. The financing plan will provide for the issuance of revenue bonds and refunding bonds in an aggregate principal amount not to exceed $123,000,000 (the "Bonds"). These Bonds may be issued from time to time, in multiple series and used for the Project. In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Santa Ana must conduct a public hearing (the "TEFRA Hearing") providing members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds by the Developer. Following the close of the TEFRA Hearing, the Mayor or designee will execute the approval of the issuance of the Bonds by the CMFA for the financing of the Project in the form of a Resolution (Exhibit 1). The Bonds to be issued by the CMFA are the sole responsibility of the Developer. The City has no financial or legal liability for the Project or repayment of the Bonds, and the Bonds do not constitute any type of indebtedness for the City. City Council 42 — 1 12/20/2022 TEFRA Hearing for First Point Apartments December 20, 2022 Page 2 The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation, acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. Project Description First Point Apartments I is a new construction project located in Santa Ana on a 3.98- acre site. The project consists of 343 restricted rental units and 3 unrestricted managers' units. The project will have 26 one -bedroom units, 160 two -bedroom units, 84 three -bedroom units and 76 four -bedroom units. The building will be a six -story, wood frame structure on top of a parking podium. Common amenities will include community gathering areas, community rooms, a playground, exercise room, computer room and community laundry facilities. Each unit will have a refrigerator, dishwasher, garbage disposal, range with an oven and covered patio or balcony. This development will provide 343 units of affordable housing for a 55 year period. FISCAL IMPACT The City received a payment of $928 to hold a TEFRA Hearing for this project that was deposited into the Miscellaneous Revenue account 01102002-53902 TEFRA Hearing Fee. EXHIBIT(S) 1. TEFRA Resolution Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager City Council 42 — 2 12/20/2022 EXHIBIT 1 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL PROJECT FOR FIRST POINT APARTMENTS I WHEREAS, Santa Ana Pacific Associates, a California Limited Partnership (the "Borrower") or a partnership of which Pacific West Communities, Inc. (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $123,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 2114 E. 1st Street, Santa Ana, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Santa Ana (the "City") because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having Resolution 2022-XXX City Council 42 — 3 12/20/ of 3 EXHIBIT 1 jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement. Section 3. The issuance of the Bonds shall be subject to approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to repayment or administration of the Bonds. Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to: (i) provide any financing with respect to the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary with respect to the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 5. The City Manager and applicable Executive Directors of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing approved hereby. Section 6. 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 , 2022. Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: �� John M.Funk Chief Assistant City Attorney Resolution 2022-XXX City Council 42 — 4 12/20V202� of 3 EXHIBIT 1 AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY Resolution No. 2022- City of Santa Ana on Date: Clerk of the Council, do hereby attest to and certify the attached to be the original Resolution adopted by the City Council of the 2022. Clerk of the Council City of Santa Ana Resolution 2022-XXX City Council 42 — 5 12/20V:202� of 3 Community Development Agency santa-ana.org/cd Item # 43 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Conduct a Tax Equity Fiscal Responsibility Act (TEFRA) Hearing for First Point II Apartments and Approve TEFRA Resolution AGENDA TITLE: Conduct a TEFRA Hearing for the First Point Apartments II and Accept a Resolution Approving the Issuance by the California Municipal Finance Authority of Exempt Facility Bonds for a Qualified Residential Rental Project RECOMMENDED ACTION 1. Conduct a Tax Equity and Financial Responsibility Act Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority (the "CMFA") on behalf of the Santa Ana Pacific Associates 11, L.P. to finance or refinance the acquisition, construction, improvement and equipping of First Point Apartments 11, a multifamily rental housing project located at 2110 E. 1 st Street, Santa Ana, California (the "Project"). 2. Adopt a resolution approving the issuance of revenue bonds by the CMFA in an amount not to exceed $90,000,000 for the purpose of financing the Project. DISCUSSION Santa Ana Pacific Associates, L.P., a California Limited Partnership created by Pacific West Communities, Inc. (the "Developer"), has requested that the CMFA adopt a financing plan. The financing plan will provide for the issuance of revenue bonds and refunding bonds in an aggregate principal amount not to exceed $90,000,000 (the "Bonds"). These Bonds may be issued from time to time, in multiple series and used for the Project. In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Santa Ana must conduct a public hearing (the "TEFRA Hearing") providing members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds by the Developer. Following the close of the TEFRA Hearing, the Mayor or designee will execute the approval of the issuance of the Bonds by the CMFA for the financing of the Project in the form of a Resolution (Exhibit 1). The Bonds to be issued by the CMFA are the sole responsibility of the Developer. The City has no financial or legal liability for the Project or repayment of the Bonds, and the Bonds do not constitute any type of indebtedness for the City. City Council 43 — 1 12/20/2022 TEFRA Hearing for First Point Apartments II December 20, 2022 Page 2 The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation, acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. Project Description First Point II Apartments is a new construction project located in Santa Ana on a 2.86- acre site. The project consists of 204 restricted rental units and 2 unrestricted managers' units. The project will have 76 two -bedroom units, 68 three -bedroom units and 60 four -bedroom units. The type of construction will be a six story, wood frame structure on top of a podium parking. Common amenities will include community gathering areas, community rooms, a playground, exercise room, computer room and community laundry facilities. Each unit will have a refrigerator, dishwasher, garbage disposal, range with an oven and covered patio or balcony. This development will provide 204 units of affordable housing for a 55 year period. FISCAL IMPACT The City received a payment of $928 to hold a TEFRA Hearing for this project that was deposited into the Miscellaneous Revenue account 01102002-53902 TEFRA Hearing Fee. EXHIBIT(S) 1. TEFRA Resolution Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager City Council 43 — 2 12/20/2022 EXHIBIT 1 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL PROJECT FOR FIRST POINT APARTMENTS II WHEREAS, Santa Ana Pacific Associates II, a California Limited Partnership (the "Borrower") or a partnership of which Pacific West Communities, Inc. (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $90,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 2110 E. 1st Street, Santa Ana, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Santa Ana (the "City") because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having Resolution 2022-XXX Page 1 of 3 City Council 43 — 3 12/20/2022 EXHIBIT 1 jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement. Section 3. The issuance of the Bonds shall be subject to approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to repayment or administration of the Bonds. Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to: (i) provide any financing with respect to the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary with respect to the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 5. The City Manager and applicable Executive Directors of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. Section 6. 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 , 2022. Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: John M.Funk Chief Assistant City Attorney Resolution 2022-XXX Page 2of3 City Council 43 — 4 12/20/2022 EXHIBIT 1 AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY Resolution No. 2022- City of Santa Ana on Date: Clerk of the Council, do hereby attest to and certify the attached to be the original Resolution adopted by the City Council of the , 2022. Clerk of the Council City of Santa Ana Resolution 2022-XXX Page 3of3 City Council 43 — 5 12/20/2022 Human Resources www.santa-ana.org/hr Item # 44 r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Public Hearing Regarding Impasse Pursuant to Government Code 3505.7 AGENDA TITLE: Implementation of the City's Last, Best and Final Offer Dated September 8, 2022 RECOMMENDED ACTION As authorized by Government Code section 3505.7, the recommended action of the City Council is to implement the City's last, best and final offer dated September 8, 2022. DISCUSSION The Memorandum of Understanding ("MOU") between the City of Santa Ana ("City") and the Santa Ana Police Officers Association ("SAPDX) expired on December 31, 2021. The parties met on November 11, 2021 to schedule negotiations meeting dates and commenced negotiations for a successor MOU on January 5, 2022. The parties continued negotiating through September 2022. During the negotiations process, the parties met twelve (12) times and exchanged thirteen (13) proposals. The SAPOA's initial proposal was estimated to cost the City approximately $23.1 million. On May 10, 2022, SAPOA issued a regressive proposal (SAPOA proposal #4) to the City, that increased the estimated cost of SAPOA's proposal by approximately $2.75 million from its prior proposal (#3). The City demonstrated professional courtesy by informing SAPOA that its proposal was regressive and that the City intended to file an Unfair Practice Charge ("ULP") against SAPOA with the California Public Employment Relations Board ("PERB"). The SAPOA subsequently provided two separate proposals (#5a and #5b), attempting to address the regressive proposal (#4). On August 3, 2022, SAPOA once again issued a regressive proposal (#7) to the City that increased the estimated cost of SAPOA's proposal by approximately $3.8 million from its prior proposal (#6) (proposal #7 had an estimated cost of $14.5 million). On August 4, 2022, the City filed an ULP charge against SAPOA with PERB for regressive bargaining and dilatory tactics. To date, the City's ULP charge is still pending with PERB. City Council 44 — 1 12/20/2022 Public Hearing Regarding Impasse Pursuant to Government Code 3505.7 December 20, 2022 Page 2 During the course of the negotiations, the SAPOA demonstrated regressive bargaining and dilatory tactics, repudiated to engage and discuss the City's priorities, and failed to comprehensively respond to the City's request for information. On August 24, 2022, SAPOA declared impasse and requested for the parties to participate in mediation. The SAPOA's final proposal is estimated to cost the City approximately $9.02 million. The City issued its last, best, and final ("LBF") offer to SAPOA on September 8, 2022. The parties selected a mediator with the California State Mediation and Conciliation Service on September 9, 2022, and the mediator agreed to mediate the case on September 12, 2022. The parties scheduled a mediation meeting with the State mediator for October 18, 2022. On October 17, 2022, the day before the mediation, SAPOA cancelled the mediation, with no provided reason. The mediation was rescheduled for December 5, 2022. The parties participated in mediation on December 5, 2022 and were unable to reach an agreement. The Meyers-Milias-Brown Act ("MMBA"), codified in Government Code sections 3500- 3511, governs labor-management relations in public employment. The MMBA sets forth the procedures for labor negotiations, as well as requirements for factfinding, if requested by the labor association, following a declaration of impasse in the negotiations process. SAPOA failed to request factfinding as required in Government Code section 3505.4(a), which states, in part: "The employee organization may request that the parties' differences be submitted to a factfinding panel not sooner than 30 days, but not more than 45 days, following the appointment or selection of a mediator pursuant to the parties' agreement to mediate or a mediation process required by a public agency's local rules..." [emphasis added] SAPOA had from October 12, 2022 to October 27, 2022 (thirty (30) to forty-five (45) days from September 12, 2022) in which to submit the parties' differences to a factfinding panel. SAPOA did not make such a request during the eligible time period. As a result, SAPOA waived its right to request factfinding. As the parties have been unable to reach an amenable agreement and SAPOA did not request factfinding, the next step in the process is to bring forward the City's LBF for Council to implement. Approval of this item will result in the implementation of the terms and conditions of the City's last, best, and final offer made to SAPOA on September 8, 2022. The major provisions of the LBF include: one (1) year term from January 1, 2022 through December 31, 2022; salary increase of three percent (3%) effective the first pay period following City Council approval of the MOU; City to administer medical, dental, and long- term disability insurance benefits for active employees effective January 1, 2024; updating discipline and grievance process language; bilingual pay recertifications every three (3) years for employees who receive bilingual pay; modifying the maximum amount City Council 44 — 2 12/20/2022 Public Hearing Regarding Impasse Pursuant to Government Code 3505.7 December 20, 2022 Page 3 of sick leave that may be converted to employees' retirement health savings accounts from one thousand sixty-six (1,066) hours to one thousand forty (1,040) hours; employees hired or appointed into the unit after City Council approval of the MOU will accrue a maximum of three hundred fifty-two (352) sick leave hours with any accrued hours over the maximum will be cashed out into employees' retirement health savings accounts in January each year; elimination of the City's retiree health contribution to SAPOA; elimination of full-time release for SAPOA president and the return of one (1) floating holiday to SAPOA represented employees; addition of Association Leave Bank of one thousand forty (1,040) hours and deduction of two and a half (2.5) vacation hours per SAPOA represented employee per calendar year; and clarifying language on issues of employment. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT The estimated cost of the LBF is $1.32 million for FY 2022-23 to the General Fund. The FY 2022-23 General Fund budget includes a set -aside for the additional cost of labor negotiations with the Non -Departmental section of the budget. With the Midyear Budget Report in February 2023, staff will propose housekeeping adjustments to move portions of the Non -Departmental budget to the affected department budgets within the General Fund. EXHIBIT(S) 1. City of Santa Ana's last, best and final offer. Submitted By: Jason R. Motsick, Executive Director of Human Resources Approved By: Kristine Ridge, City Manager City Council 44 — 3 12/20/2022 City of Santa Ana's Last, Best and Final Offer — September 8, 2022 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE OFFICERS ASSOCIATION JANUARY 1, 2022 - DECEMBER 31, 2022 City Council 44 — 4 12/20/2022 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE OFFICERS ASSOCIATION FOR 2022 TABLE OF CONTENTS ARTICLE I RECOGNITION 1 ARTICLE II NON-DISCRIMINATION CLAUSE 2 ARTICLE III ATTENDANCE, WORK PERIOD, WORK SCHEDULE & WORKDAY 3 ARTICLE IV SALARIES 8 ARTICLE V ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES 11 ARTICLE VI CAREER DEVELOPMENT PROGRAM 17 ARTICLE VII TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM 21 ARTICLE VIII OVERTIME 24 ARTICLE IX HOLIDAYS 32 ARTICLE X VACATION 34 ARTICLE XI OTHER LEAVES OF ABSENCE 37 ARTICLE XII EMPLOYEE INSURANCE 45 ARTICLE XIII RETIREMENT 47 ARTICLE XIV RELEASE TIME FOR ASSOCIATION REPRESENTATIVE 50 ARTICLE XV RESIDENCY 51 ARTICLE XVI DISCIPLINE 52 ARTICLE XVII GRIEVANCE REVIEW PROCEDURE 55 ARTICLE XXIII DUES DEDUCTION AND INDEMNIFICATION 57 ARTICLE XIX CITY RIGHTS 58 ARTICLE XX STRIKES AND WORK STOPPAGES 60 ARTICLE XXI LAYOFFS 61 ARTICLE XXII SOLE AND ENTIRE AGREEMENT 62 ARTICLE XXIII SEPARABILITY PROVISION 63 ARTICLE XXIV TERM OF MOU 64 EXHIBIT A BASIC SALARY AND WAGE SCHEDULE MATRIX 66 EXHIBIT B UNIFORM ALLOWANCE BY CLASSIFICATION 68 City Council i 44 — 5 12/20/2022 ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., the City of Santa Ana (hereinafter called the "City") has recognized the Santa Ana Police Officers Association (herein called the "Association") as the recognized representative of the bargaining unit which includes full-time police department employees in the sworn, "safety -member" classifications and assignments of Police Officer, Police Sergeant, and full-time police department employees in the non -sworn, "miscellaneous - member" classifications and assignments of Animal Service Officer I and II, Background Investigator, Communications Services Officer, Correctional Officer, Correctional Supervisor, Crime Research Aide, Crime Research Analyst, Emergency Operations Coordinator, Firearms Examiner, Forensic Services Supervisor, Forensic Specialist I and II, Parking Control Officer, Police Athletic/Activities League Assistant Director, Police Communications Supervisor, Police Community Services Specialist, Police Evidence and Supply Specialist, Police Evidence and Supply Supervisor, Police Investigative Specialist, Police PhotoNideo Specialist, Police Property and Evidence Supervisor, Police Recruit, Police Service Officer, Police Services Dispatcher, Rangemaster, Senior Parking Control Officer, and Traffic Services Specialist, as well as such classifications as may be added hereafter by resolution of the City Council. All other classifications not specifically listed are excluded from representation by the Association. City Council 1 44 — 6 12/20/2022 ARTICLE II 2.0 NON-DISCRIMINATION CLAUSE 2.1 The City and Association agree that they shall not discriminate against any employee in violation of State or Federal law. The City and the Association shall meet and modify any provisions of this MOU that are inconsistent with the law. City Council 2 44 — 7 12/20/2022 ARTICLE III 3.0 ATTENDANCE, WORK PERIOD, WORK SCHEDULE & WORKDAY 3.1 Attendance. Employees covered by this MOU shall be in attendance at their work location during hours prescribed by the Police Chief or their designee(s) and shall not absent themselves during prescribed hours without approval of the Police Chief or his designee(s). 3.2 Definitions. A. Standard Work Period. The Standard Work Period shall consist of a consecutive seven (7) day, 168 hour period. B. Alternative Work Period-207(k) Exempt Employ. The Alternative Work Period shall apply to all members of the Association who are peace officers, correctional officers or correctional supervisors who are subject to the partial overtime exemption provided by the Fair Labor Standards Act (FLSA) pursuant to Section 207(k). The 207(k) employees' Work Period shall consist of a consecutive 28 day, 672 hour time period. In conformance with the FLSA, members who are peace officers, correctional officers, or correctional supervisors shall not be eligible for FLSA overtime, as defined under the FLSA for employees assigned to the Alternate Work Period until they have worked in excess of 171 hours in the Alternate Work Period. Nothing in this section shall prevent a peace officer, correctional officer or correctional supervisor from earning overtime and being compensated for overtime based on the overtime provisions as stated in Article VIII of this MOU. All overtime shall be paid at one and one-half (1 1/2) times the regular rate of pay. Regular Rate of Pay: Shall mean the base rate of pay and any Assignment and Other Special Pay Additives, Career Development Program Pay, Call -Back -Duty and Court Appearance pay as listed in Article V, VI and VIII. C. Work Hours. Work hours are the regularly scheduled hours of work as determined by the Police Chief or his designee. A "day" is defined as any consecutive 24 hour period. D. Work Schedules. The Police Chief has established the following work schedules. These schedules may be changed by the Police Chief based on operational need. The City will negotiate over any impacts of schedule changes. 1. Standard Work Period Schedules. a. 5/40 Work Schedule. Employees shall work five (5) eight hour workdays per seven (7) consecutive days, 168 hour Standard Work Period. Each workday shall consist of eight (8) hours of work and a 30 minute unpaid meal period. b. 4/10 Work Schedule. Employees shall work four (4) 10 hour days per seven (7) consecutive days, 168 hour Standard Work Period. Each workday shall consist of 10 hours of work, and either a 30 City Council 3 44 — 8 12/20/2022 minute or one (1) hour unpaid meal period. The determination as to a 30 minute or one (1) hour unpaid meal period shall be made by the Police Chief or their designee. C. 9/80 Work Schedule. Employees shall work alternate weeks of four (4) consecutive workdays nine (9) consecutive hours each followed by five (5) consecutive workdays, four of which consist of nine (9) consecutive hours each and one (1) day of eight (8) consecutive hours during each168 hour Standard Work Period. Each nine (9) hour workday shall consist of nine (9) hours of work and either a 30 minute or one (1) hour unpaid meal period. For employees who work a 9/80 work schedule, their FLSA work period shall begin exactly four hours after the start time of their eight hour workday. The eight hour workday shall be divided by either a 30 minute or one (1) hour unpaid meal period. The determination as to a 30 minute or one (1) hour unpaid meal period shall be made by the Police Chief or his designee. d. 12/40 Work Schedule. Employees shall work three (3) 12 hour and 30 minute workdays and one (1) four hour workday in each seven (7) consecutive day, 168 hour Standard Work Period. Each workday shall consist of 11 hours and 30 minutes of work, and a one (1) hour meal period, 30 minutes of which shall be paid and 30 minutes of which shall be unpaid, for a total of 12 hours and 30 minutes. The four (4) hour workday shall consist of four (4) hours of work. Employees who work this shift actually work an eight -hour shift where their FLSA work period shall end exactly four (4) hours after the start time of their shift. This way the second four (4) hours of the shift is worked in the next FLSA work period. This ensure that the employee is schedule to work forty (40) hours in each work period. 2. Alternate Work Period Schedules-207(k) Exempt Employees. a. 207(k) 3/12.5 Work Schedule — Patrol/Canine. Employees shall work thirteen 12 hour and 30 minute workdays in each 28 day FLSA Work Period. Of the 13 workdays, an employee assigned to this schedule shall be required to work one (1) 12 hour and 30 minute "payback" day each 28 day FLSA Work Period, scheduled or assigned pursuant to the Department's work schedule policy. Each workday shall consist of 12 hours of work and a 30 minute paid meal period. During each 28 day FLSA Work Period, employees shall work 162.5 hours. Upon completion of this work schedule, employees will earn an additional two (2) hours and 30 minutes of vacation time, provided they do not take leave without pay during that Work Period. Employees assigned to this schedule are compensated for their meal periods. Consequently, if an employee is unable to take their meal period, or is interrupted during their meal City Council 4 44 — 9 12/20/2022 period, they shall not receive further compensation. b. 207(k) 7/12.5 Work Schedule - Detention. Employees shall work three (3) 12 hour and 30 minute workdays in one (1) seven day period and four (4) 12 hour and 30 minute workdays in the next seven (7) day period, or alternatively, four (4)12 hour and 30 minute workdays in the first seven (7) day period and three (3) 12 hour and 30 minute workdays in the following seven (7) day period. This cycle shall be repeated twice each 28 day FLSA Work Period. Each workday shall consist of 11 hours and 30 minutes of work and a one (1) hour meal period, 30 minutes of which shall be paid and 30 minutes of which shall be unpaid, for a total of 12 hours and 30 minutes. During each 28 day FLSA Work Period, employees assigned to the 207(k) 7/12.5 Work Schedule shall earn one (1) hour of vacation time if they do not take leave without pay during that Work Period. Correctional Officers will be compensated at the time and a half overtime rate for all time worked in excess of their regular work shift of 12.5 hours per workday. The overtime compensation will apply only to actual time worked beyond the regular shift. C. 207(k) 4/10.5 Work Schedule -Detention Administration. Employees shall work seven (7) ten hour and 30 minute workdays and one (1) ten hour workday during each two (2) week period. This pattern will recur twice during the 28 day FLSA Work Period. Each 10 hour and 30 minute workday shall consist of 10 hours and 30 minutes of work and either a 30 minute or one (1) hour unpaid meal period. The 10 hour workday shall consist of 10 hours of work and either a 30 minute or one (1) hour unpaid meal period. The determination as to a thirty (30) minute or one (1) hour unpaid meal period shall be made by the Police Chief or his designee. d. 207(k) 4/10 Work Schedule. Employees shall work 16 ten hour workdays in each 28 day FLSA Work Period. Each workday shall consist of 10 hours of work and either a 30 minute or one (1) hour unpaid meal period. The determination as to a 30 minute or one (1) hour unpaid meal period shall be made by the Police Chief or his designee. e. 207(k) 9/80 Work Schedule. Employees shall work five (5) nine hour workdays in one (1) seven (7) day period and three (3) nine hour workdays and one (1) eight hour workday in the second seven (7) day period, or alternatively three (3) nine hour workdays and one (1) eight hour workday in the first seven (7) day span and five (5) nine hour workdays in the second span. This cycle shall be repeated twice each 28 day FLSA Work Period. Each nine (9) hour workday shall consist of nine (9) hours of work and either a 30 minute or one (1) hour unpaid meal period. The eight (8) hour workday shall consist of eight (8) hours of work and either a 30 minute or one (1) City Council 5 44 — 10 12/20/2022 hour unpaid meal period. The determination as to a 30 minute or one (1) hour unpaid meal period shall be made by the Police Chief or his designee. f. 207(k) 9/81 Work Schedule. Employees shall work 81 hours in a consecutive 14 day, 336 hour period. This cycle shall be repeated twice each 28 day FLSA Work Period. Employees shall work five (5) nine hour workdays in one (1) seven (7) day span and four (4) nine hour workdays in the second seven (7) day span. Each nine hour workday shall consist of nine (9) hours of work and either a 30 minute or one (1) hour unpaid meal period. While assigned to the 9/81 schedule, an officer shall earn two (2) hours of overtime during each 28 day FLSA Work Period, unless they take leave without pay during the 28 day, 672 hour period. 3.4 Meal Periods. Except for those employees assigned to Patrol, other employees who do not receive a paid meal period whose meal periods are interrupted by the performance of job related duties, will receive another full, uninterrupted meal period or will be compensated for their meal period at their overtime rate of pay at time and one-half their regular rate of pay. For purposes of this section, "interrupted" shall mean a significant interruption of more than a few minutes (de minimis). For employees who receive a one -hour lunch period (half of which is paid) overtime compensation shall apply only to the unpaid half-hour. Unless exigent circumstances exist beyond the Department's control, employees assigned to Patrol shall be provided a 30 minute paid meal period. 3.5 Detective Redeployment. All employees assigned as detectives (investigators) shall work one (1) day per month in the patrol function of the Field Operations Bureau pursuant to a schedule as determined by the Chief of Police or their designee. Once each calendar year the Chief of Police shall conduct a review of the organization of the Police Department to determine whether positions and assignments currently in the Investigations Bureau represent a deployment of resources that best enables the department to provide police services to the city. The Chief of Police may, as a result of this review, remove positions and assignments from the Investigations Bureau and assign them, and the individuals who occupy them, to other bureaus or eliminate them and assign the individuals who occupy them to other positions and assignments in the department. The annual review and any re -assignment made as a result of the review shall be completed, including the appeal thereof outlined below, sufficiently in advance of the annual patrol deployment sign-up to enable those who will be assigned to Patrol to make use of their seniority when choosing patrol shifts and days off. Any employee who is informed that they will be removed from the Investigations Bureau and lose the Investigations assignment pay differential may appeal per Article 16 to the City Council 6 44 —11 12/20/2022 Chief of Police. This appeal constitutes the sole administrative appeal of the Chiefs decision, shall be conducted in an informal manner and the decision of the Chief shall be final. City Council 7 44 — 12 12/20/2022 ARTICLE IV 4.0 SALARIES 4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all members of the Association who are now employed or will in the future be employed in any of the designated classifications of employment listed in this MOU and its attachments. 4.2 Salary Schedule. The basic salary schedule, attached hereto in a matrix format as Exhibit "A", and made a part hereof as though set forth in full herein, provides numerous salary rate ranges, each comprised of five (5) steps or rates of pay. The respective rate ranges are identified by a three (3) digit number. The steps within each range are identified by the letters "A" through "E" inclusive, with the "A" step being the lowest step in the range. The purpose of each step and the length of service required for advancement to the next higher step within a particular salary rate range is summarized as follows: Step A Normal beginning pay rate Step B After 6 months' service at Step "A" and the receipt of a "meets standards" performance evaluation. Also optional hiring rate Step C After 12 months' service in next lower step and the receipt of a "meets standards" performance evaluation. Also maximum hiring rate. Step D After 12 months' service in next lower step and the receipt of a "meets standards" performance evaluation. Step E After 12 months' service in next lower step and the receipt of a "meets standards" performance evaluation. After the salary of an employee has been first established, the employee shall be advanced from Step "A" to Step "B" or from Step "B" to Step "C" or from Step "C" to Step "D," or from Step "D" to Step "E," whichever is the next higher step to that on which the employee has been previously paid, effective the first day of the month following. This assumes the employee has received at least a "meets standards" performance evaluation which is a condition of moving to the next step. For employees who are not at top step who receive their performance evaluation after the first day of the month following their anniversary date, they shall move to the next step retroactive to the first day of the month following their anniversary date. If an employee who is not at top step receives an evaluation that is less than a "meets standards" evaluation, they will be re-evaluated three months after their anniversary date. If they achieve a meets standards evaluation, they will then move to the next step on the first day of the following pay period. If they do not receive at least a "meets standards" evaluation, they will not move to the next step and need to wait until the following year for their next evaluation. City Council 8 44 — 13 12/20/2022 During the term of this MOU, it is the City's intent to eliminate the salary matrix and create a salary schedule. The parties acknowledge and agree that elimination of the salary matrix and implementation of the salary schedule is a meet and confer issue. Once the City is ready to move forward with elimination of the salary matrix and creation of the salary schedule, it will provide its proposal to the Association and the parties will promptly meet and confer and no change will be made until the negotiations process has been completed. The parties acknowledge that such a change will require modification to language in several provisions of this MOU. 4.3 Salary Adjustments. Effective the pay period following City Council approval of the MOU, the base salary of employees covered by this MOU shall be increased by six (6) salary rate ranges (approximately 3%). 4.4 Longevity Pay. Employees in the classifications of Police Officer and Police Sergeant will be paid at a rate set ten (10) salary rate ranges (approximately 5%) above their base monthly salary step for the completion of 15 years of law enforcement service through 19 years of service. At the beginning of 20 years of law enforcement service or more, sworn employees will be paid an additional rate set ten (10) salary rate ranges (approximately 5%) above their base monthly salary step. 4.5 Application of Basic Compensation Plan. The salary rate ranges and steps contained in Exhibit A are monthly salary rates. All officers and employees working in classifications of employment covered by this MOU shall be compensated at a monthly rate, except that an employee hired for temporary work in a position which has an anticipated duration of less than six (6) months shall be paid at a rate per hour for actual time spent in the performance of the duties of their employment. An employee's base rate of pay, which is also known as their hourly rate of pay is computed by taking their monthly rate of pay and dividing it by 173.33. In determining the hourly rate as herein provided, computation shall be made to the nearest whole cent and a computation resulting in exactly one-half cent or higher shall fix the rate at the next higher whole cent. 4.6 Beginning Rates. A new employee of the City of Santa Ana shall be paid the rate shown as Step "A" in the salary rate range allocated to the class of employment for which they have been hired. In special instances where such new employee possesses unique and exceptional education, training and/or experience qualifications, the department head under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on Step "B" or Step "C" within the allocated salary rate range, provided that such employee shall be assigned such salary step upon the commencement of their service in the classification of employment to which the salary rate range applies and such assignment having once been made shall remain in effect until the employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article. 4.7 Service. The word "service" as used in this MOU shall be deemed to mean continuous, full-time service in the classification in which the employee is being considered for salary advancement, service in the higher classification or service in a classification allocated to City Council 9 44 — 14 12/20/2022 the same salary rate range and having generally similar duties and requirements. Employees hired after the first (1 st) working day of the month shall not be credited with "time -in-service" for that month when determining the length of service required for salary step advancement. A lapse of service by an employee for a period of time longer than thirty (30) calendar days by reason of resignation or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purpose of this MOU and any such employee reentering the service of the City shall be considered as a new employee, except that they may be reappointed within one (1) year and may be placed in the same salary step in the appropriate salary range as they was at the time of termination of employment. 4.10 Promotional Salary Advancement. When an employee is promoted to a position in a higher classification from a position in a lower classification in the same occupational job family series, they shall be reassigned to Step "A" in the appropriate salary rate range for the higher classification; provided however, that if the base salary step currently being paid to the employee is already equal to or higher than said Step "A," they will be placed in the lowest step in the appropriate salary rate range as will grant the employee an increase of at least one (1) salary step (approximately 5%) over their current base salary step including assignment pays, shift differential and bilingual pay being paid at the time of promotion. 4.11 Demotion. When an employee is demoted to a position in a lower classification, their salary rate shall be fixed in the appropriate salary rate range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one (1) step. B. The new salary rate must be within the appropriate salary rate range. C. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had their service time in the higher classification been spent in the lower classification. 4.12 Reallocation of Salary Rate Ranges. Any employee who is employed in a classification which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salary step in the new salary rate range as they had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step. City Council 10 44 — 15 12/20/2022 ARTICLE V 5.0 ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES 5.1 Assignment Pay Differentials. Assignment pay differentials, as listed herein and throughout the MOU, will, in each case, be added individually and separately to the employee's base salary. In no event shall one assignment pay differential be added to the employee's base salary as a basis for the calculation of an additional pay differential. A. An employee in the class of Police Services Dispatcher who is continuously and regularly assigned to and actually performing in a lead supervisory and trainer capacity over an assigned shift of Police Services Dispatchers will be paid assignment pay equal to ten (10) salary rate ranges (approximately 5.0% of base pay). A leave of absence for an entire pay period will result in the employee not receiving the pay for being a lead. B. Employees in the class of Forensic Specialist I, who are regularly and continuously assigned to and actually performing duties in a "lead" supervisory capacity over a primary functional unit of Forensic Specialist I employees, will be paid assignment pay equal ten (10) salary rate ranges (approximately 5.0% of base pay). C. An employee in the class of Police Officer who is continuously and regularly assigned to and actually performing duties of a Corporal will be paid five (5) salary rate ranges (approximately 2.5% of base pay). If a Corporal is assigned to lead a work unit without a Sergeant, they will be paid an additional five (5) salary rate ranges (approximately 2.5% of base pay). At the present time, Directed Patrols and Civic Center Patrol units are examples of such assignments. D. An employee in the class of Correctional Officer who is continuously and regularly assigned to and actually performing duties of a Senior Correctional Officer will be paid five (5) salary rate ranges (approximately 2.5% of base pay). E. The Police Chief at their discretion and based on the department's need may assign sworn officers to standby status for non -work days or other days as determined by the Police Chief. Officers thus assigned will be compensated at the rate of two (2) hours of straight time per day of standby duty. Officers assigned to standby status on non -work days will not lose their standby pay when called to duty, if they have been on call for at least six (6) hours when called. If officers on standby status are called to duty after having been on call for less than six (6) hours, they will be paid for their response to work, but not for their standby status. Employees on standby status shall provide the department with a telephone number at which they can be reached. The employee must be able to return to the department within the amount of time they would be able to return if traveling from home. An employee on standby/on-call shall remain fit for duty. Employees on standby are also subject to City Council 11 44 — 16 12/20/2022 the requirements of the Department Procedure # 6003, which sets forth the guidelines for standby status. F. An employee who is continuously and regularly assigned as a Training Officer working in Field Operations, the Detention facility, as a Forensic Specialist II, or as the Training Coordinator will be paid five (5) salary rate ranges (approximately 2.5% of base pay). G. An employee who is continuously and regularly assigned to and is performing duties of an Internal Affairs Officer will be paid five (5) salary rate ranges (approximately 2.5% of base pay). H. An employee who is continuously and regularly assigned to perform training functions as a Parking Control Officer will be paid five (5) salary rate ranges (approximately 2.5% of base pay). I. A Police Officer who is continuously and regularly assigned as a Canine Officer will be paid ten (10) salary rate ranges (approximately 5% of base pay). This pay shall be considered compensation for the care and feeding of the dog off -duty and is for the thirty (30) minutes of time each day for such purpose. The City and the Association understand and agree that this additional compensation is intended to compensate canine officers for all off duty hours spent caring, grooming, feeding and otherwise maintaining their canine unit, in compliance with the FLSA. The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number work hours for the performance of off duty canine duties. The work hours (30 minutes per day) derived at in this agreement were determined after an actual inquiry of the officers assigned in the canine assignment as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004). It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, both parties believe that this section of the MOU does comply with the requirements of the FLSA. J. A Police Officer or Police Sergeant who is continuously and regularly assigned to and actually performing duties of a Motor Officer assigned to the Traffic Division will be paid five (5) salary rate ranges (approximately 2.5% of base pay). The City and the Association understand and agree that this additional compensation is intended to compensate Motor Officers for all off duty hours spent maintaining their Motor, in compliance with the FLSA. K. An employee identified by the Police Department, who is continuously and regularly assigned to and actually performing duties of a Detective/Investigator assigned to the Investigations Division or Special Investigations Units as well as Police Investigative Specialist, Background Investigator, Collision Investigator, City Council 12 44 — 17 12/20/2022 and Graffiti Task Force Investigator, will be paid five (5) salary rate ranges (approximately 2.5% of base pay). L. Employees in the class of Correctional Officer or Correctional Supervisor, who are continuously and regularly assigned to either the 207(k) 7/12.5 Corrections Work Schedule, or the 4/10.5 Corrections Administration Work Schedule, shall be paid six (6) salary rate ranges (approximately 3% of base pay). This assignment pay is compensation for the additional 30 minutes work or briefing time each day. Ca1PERS has determined this pay additive does not qualify as special compensation under Title 2 CCR Section 571(a) and as such, is not reportable as final compensation when calculating retirement benefits. M. Employees in the class of Firearms Examiner who are regularly and continuously assigned to and actually performing duties in a "lead" supervisory capacity over a primary functional unit, will be paid ten (10) salary rate ranges (approximately 5.0% of base pay). N. Notwithstanding the specific provisions of Article V, Section 5.1, A — M, an employee who is regularly and continuously assigned to lead ("lead is defined in Lexipol Policy 1039) a functional unit which includes positions in the same or lower classifications as the incumbent, may be compensated for said duties upon mutual agreement of the City and POA and approval of the Police Chief and the Executive Director of Human Resources. This compensation (as defined in each of the subsections) shall be referred to as "lead pay." O. An employee in the class of Forensic Specialist I or Forensic Specialist II who is continuously and regularly assigned as a Tenprint — AFIS Technician will be paid five (5) salary rate ranges (approximately 2.5% of base pay). P. An employee in the class of Forensic Specialist I or Forensic Specialist II who is continuously and regularly assigned as a Fingerprint Analyst will be paid five (5) salary rate ranges (approximately 2.5% of base pay). In no event shall an employee receive more than ten (10) salary rate ranges (approximately 5% of base pay) more than their then current base monthly salary step for performing the duties of both the Tenprint — AFIS Technician and Fingerprint Analyst. 5.2 Shift Differential. A. Non -Sworn Personnel. Each employee in the classes of Animal Service Officer I, Animal Service Officer II, Forensic Specialist I, Crime Research Analyst, Forensic Specialist II, Police Communications Supervisor, Police Investigative Specialist, Police Property & Evidence Specialist, Police Service Officer, Police Evidence and Supply Specialist, Police Services Dispatcher, Communications Services Officer, Correctional Officer, Correctional Supervisor and Parking Control Officer who is continuously and regularly assigned to a schedule of work which requires that they actually work a minimum of four and one-half (4 1/2) hours between the hours of 5:00 P.M. and 7:00 A.M. will be paid a shift differential at a rate set ten (10) salary rate ranges (approximately 5.0% of base pay). City Council 13 44 — 18 12/20/2022 B. Each Sworn employee covered by this MOU who is continuously and regularly assigned to a schedule of work that requires that they actually work a minimum of four and one-half (4 %2) hours between the hours of 5:00 P.M. and 7:00 A.M. will be paid a shift differential at a rate set at five (5) salary rate ranges (approximately 2.5% of base pay). 5.3 Bilingual Pay. Qualified employees who meet the following criteria shall be paid a monthly pay differential, above their base monthly salary step, as follows: A. Assignment by the Police Chief or their designee to a position requiring bilingual capability in both English and any other language and American Sign Language; and B. Certification by the Executive Director of Human Resources or designee as having satisfactorily demonstrated the required level of fluency in the second language. Effective January 1, 2022, employees must recertify for this pay every three years. Employees who were receiving this pay as of January 1, 2022 must recertify by January 1, 2025 to continue to receive this pay. C. Sworn: Street Level Proficiency in Spanish. A Police Officer or Sergeant who successfully demonstrates the required level of bilingual fluency as determined by the Executive Director of Human Resources or designee shall be paid bilingual pay of equal to the product obtained by multiplying the Step "E" base salary rate of Police Officer by five (5) salary rate ranges (approximately 2.5% of base pay). D. Sworn: Complex Level Proficiency in Designated Languages. A Police Officer or Police Sergeant who successfully demonstrates the required level of bilingual fluency as determined by the Executive Director of Human Resources or designee shall be paid a bilingual pay equal to the product obtained by multiplying the Step "E" base salary rate of Police Officer by ten (10) salary rate ranges (approximately 5% of base pay). E. Non -Sworn: Secondary Level Proficiency in Designated Languages. A non -sworn employee who successfully demonstrates the required level of bilingual fluency as determined by the Executive Director of Human Resources or designee shall be paid forty dollars ($40) per month. F. Non -Sworn: Primary Level Proficiency in Designated Languages. Assigned positions where it has been determined by the Police Chief that bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major, essential, or integral element of the work being performed, will be designated as Primary Bilingual Assignments. A non -sworn employee assigned to such a position who successfully demonstrates the required level of bilingual fluency shall be paid one hundred seventy-five dollars ($175) per month. City Council 14 44 — 19 12/20/2022 5.4 All assignments to positions set forth in Sections 5.1, 5.2, 5.3 above of sworn and non - sworn personnel shall be made or revoked in a fair manner at the discretion of the Police Chief. 5.5 TemporM Upgrade Assignment PaX. The parties acknowledge that from time to time it may be necessary for the department to fill a temporarily vacant, full-time budgeted, higher -level position due to the temporary absence of the incumbent. The parties agree that such a position may be filled by an eligible unit member (this means an employee must meet the minimum qualifications for the higher -level position and shall be responsible for performing the full range of duties and responsibilities of the higher -level classification) for an initial period of up to six (6) months, and at the discretion of the Chief of Police, for an additional six (6) months; and that the employee assigned to fill such a position shall receive Temporary Upgrade Assignment Pay as set forth below: A. Eligibility. Full-time employees shall be assigned to fill a vacant, full-time budgeted, higher - level position, and shall receive Temporary Upgrade Assignment Pay for filling that position, when the occupier of that position is not performing the duties of that position for a period of two (2) consecutive calendar weeks or more. An employee filling a position under this section who is absent for two (2) days or less during the two (2) consecutive calendar week period will not lose their eligibility for Temporary Upgrade Assignment Pay; however, the days of absence shall not be counted in the computation of the two week period. In computing qualifying service or temporary upgrade assignment pay, only full days of actual duty shall be included. Partial days shall not be combined to make full days unless they are holiday hours. Holiday time off will be included in computing actual duty days. Employees holding the position immediately subordinate to the vacant, full-time, budgeted, higher -level position to be filled shall be given first consideration to said position consistent with the operational needs of the department. When there is more than one (1) employee holding the position immediately subordinate to the vacant, full-time, budgeted, higher -level position to be filled, the most senior employee holding one of the immediately subordinate positions shall be assigned to said position consistent with the operational needs of the department. Non -permanent employees (probationary, part-time, seasonal, etc.) and employees performing work above their regular class in a training capacity shall not be assigned to a vacant, full-time, budgeted, higher -level position in accordance with this section unless specifically authorized by the City Manager. B. Compensation. 1. After an employee has served two (2) consecutive calendar weeks in a vacant, full-time, budgeted, higher -level position, they shall be compensated at the Temporary Upgrade Assignment Pay rate for each full City Council 15 44 — 20 12/20/2022 day that they are assigned to the higher -level position, retroactive to the first (I") day of said assignment. 2. An employee serving in a Temporary Upgrade Assignment will be paid within the pay range of the higher -level position. The employee will receive the higher of. 1) the minimum step of the higher -level position or; 2) ten (10) salary rate ranges (approximately 5% of base pay) inclusive of assignment pays which the employee is receiving. 3. An employee assigned to a vacant, full-time budgeted, higher -level position not represented by this bargaining unit (e.g., a Sergeant temporarily assigned to act as a Lieutenant) will receive the Temporary Upgrade Pay described above, but will remain a member this bargaining unit. 4. An employee assigned to a vacant, full-time, budgeted, higher -level position will continue to be eligible for salary step increases in their regular position. 5.6 Correctional Officer Assignments Correctional Officer shift assignments shall be made whenever shift change sign-ups occur and based on seniority in the classification of Correctional Officer. The assignment of Classification Officer is recognized as a special assignment. If the parties to this MOU mutually agree, additional special assignments for the classification of Correctional Officer (following the meet and confer process) can be created. City Council 16 44 — 21 12/20/2022 ARTICLE VI 6.0 CAREER DEVELOPMENT PROGRAM 6.1 Definitions. For the purpose of clarifying the criteria for the Police Career Development Program designations set forth in Sections 6.2 through 6.8 of this Article, the following definitions apply. It is the responsibility of the employee regardless of rank or classification, to notify the police department human resources of the completion of any Career Development Pay requirements and to provide the required proof of completion or eligibility. Any Career Development pay additive shall not commence until the department is notified by the employee of obtaining eligibility and all required proof of eligibility is received by the department. A. Educational Units. One (1) completed "semester" unit in an academic course of instruction approved by the Police Chief and in an accredited college or university shall equal one (1) educational unit. One (1) "quarter" unit achieved in an educational institution as above shall equal two-thirds (2/3) of an educational unit. "Trimester" units or other standards of measurement used as a basis in awarding scholastic credits will be accorded the same evaluation and weight as provided by the respective accredited college or university. Only completed coursework credited with a letter grade "C" or better or a grade of "Pass" when evaluated by the "Pass/Fail" method will be accepted. If such ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. B. Training Units. Twenty (20) classroom hours or its equivalent of approved police training shall equal one unit. Regular, periodic, on-the-job training programs shall not be considered as fulfilling this requirement. Neither shall the special training required for Crime Scene Investigators and Advanced Officers or other similar mandatory training (e.g., First Aid, C.P.R. Recertification, etc.) nor the basic introductory training or similar training given an employee during their probationary period be given credit for the awarding of training units. 1. When college credit is awarded for special training in police work, such units of credit may be counted for either training units or educational units as the officer may select. 2. Training units may be earned by the assignment to and performance of sworn police officer duties (other than uniformed field patrol work in Field Operations Division) with one (1) full and continuous month of such assignment equal to one (1) training unit. Credit for experience in assignments other than patrol work in Field Operations shall not be given, unless at least three (3) full and continuous months of such assignment have been completed. Not more than six (6) units of training through assignment to non -patrol duties may be earned in any one (1) year and not more than fifteen (15) such training units by assignment shall be used in meeting the City Council 17 44 — 22 12/20/2022 criteria for the Police Career Development Program designations as set out in this Article. C. The Senior Police Officer I -III and Senior Police Sergeant I -III provisions set forth in sections 6.3 — 6.8 below apply to sworn employees in the bargaining unit hired by the City of Santa Ana into a sworn position prior to January 1, 2014. The Career Development Pay provided for in section 6.10 below is for sworn members of the bargaining unit hired into a sworn position with the City of Santa Ana on or after January 1, 2014. 6.2 Crime Scene Investigator(C.S.I.). Any sworn, safety -member Police Officer who attains the following educational and experience requirements and the approval as set out below shall be paid five (5) salary rate ranges (2.5% of base pay) The criteria for such designation shall be as follows: A. Completion (acquisition) of at least thirty (30) educational and/or training units. B. Assignment to and actual performance of the duties and responsibilities of a C.S.I. C. Completion of a special training course for Crime Scene Investigators as developed and administered by the Santa Ana Police Department or such alternative course as designated for such purpose by the Police Chief. D. Approval of the Police Chief. The number of such designations as C.S.I. shall be no larger than the requirements of the department as determined by the Police Chief. 6.3 Senior Police Officer I. Any sworn, safety -member Police Officer, regardless of duty assignment, who completes (acquires) at least sixty (60) educational/training units fulfills the requirements established in this section shall be designated as a Senior Police Officer I and shall, upon approval of the Police Chief, be paid fifteen (15) salary rate ranges (approximately 7.5% of base pay). 6.4 Senior Police Officer IL Any sworn, safety -member Police Officer, regardless of duty assignment, who completes (acquires) at least ninety (90) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional thirty (30) or more educational/training units shall be designated as a Senior Police Officer II and shall, upon approval of the Police Chief, be paid twenty-five (25) salary rate ranges (approximately 12.5% of base pay). 6.5 Senior Police Officer III. Any sworn, safety -member Police Officer, regardless of duty assignment, who completes (acquires) at least one hundred and twenty (120) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional sixty (60) or more educational/training units shall, upon approval of the Police Chief. be designated as a Senior Police Officer III and shall be paid thirty (30) salary rate ranges (approximately 15% of base pay). City Council 18 44 — 23 12/20/2022 6.6 Senior Police Sergeant I. Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who completes (acquires) at least sixty (60) educational/training units; shall be designated as a Senior Police Sergeant I and shall, upon approval of the Police Chief, be paid fifteen (15) salary rate ranges (approximately 7.5% of base pay). 6.7 Senior Police Sergeant II. Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who completes (acquires) at least ninety (90) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional thirty (30) or more educational/training units shall, upon approval of the Police Chief, be designated as a Senior Police Sergeant II and shall be paid twenty-five (25) salary rate ranges (approximately 12.5% of base pay). 6.8 Senior Police Sergeant III. Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who completes (acquires) at least one hundred and twenty (120) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional sixty (60) or more educational/training units shall, upon approval of the Police Chief, be designated as a Senior Police Sergeant III and shall be paid thirty (30) salary rate ranges (approximately 15% of base pay). 6.9 Career Development Program - Non -Sworn. An incumbent in one of the classes designated as "non -sworn" covered by this MOU shall earn an additional amount as follows: A. Upon attainment of an Associate in Arts Degree, employee will be paid at a rate set ten (10) salary rate ranges (approximately 5%) above their then current base monthly salary step. For employees hired after July 1, 2017, the pay in this paragraph shall only apply to employees in classifications which do not require a degree. B. Upon attainment of a Bachelor of Arts or Science Degree, an employee will be paid fifteen (15) salary rate ranges (approximately 7.5% of base pay) above their then current base monthly salary step. If the employee obtains a Bachelor's Degree without attaining an Associate in Arts Degree, they will be paid ten (10) salary rate ranges (approximately 5% of base pay). For employees hired after July 1, 2017, the pay in this paragraph shall only apply to employees in classifications which do not require a degree for any employee hired after July 1, 2017. C. Upon attainment of a Masters in Arts Degree, an employee will be paid twenty (20) rate ranges (approximately 10% of base pay). This pay is not stacked with the pay in paragraphs A and B above. For employees hired after July 1, 2017, the pay in this paragraph shall only apply employees in classifications which do not require a degree. City Council 19 44 — 24 12/20/2022 6.10 Career Development Pay -Sworn Sworn employees hired on or after January 1, 2014 shall be eligible to receive Career Development Pay as follows: A. Level One - Upon attainment of an Associate in Arts Degree employees will be paid ten (10) salary rate ranges (approximately 5% of base pay). B. Level Two - Upon attainment of an Associate in Arts Degree and an additional thirty (30) educational units toward a declared Bachelor's degree, employees will be paid ten (10) salary rate ranges (approximately 5% of base pay) for a total of 2 0 salary rate ranges (approximately 10 % of base pay). If such employee obtains a Bachelor's Degree without attaining an Associate in Arts Degree, they will be paid twenty (20) salary rate ranges (approximately 10% of base pay). C. Level Three. - Upon attainment of a Bachelor of Arts or Science Degree employees will be paid ten (10) salary rate ranges (approximately 5% of base pay) for a total of 3 0 salary rate ranges (approximately 15 % of base pay). City Council 20 44 — 25 12/20/2022 ARTICLE VII 7.0 TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM 7.1 Purpose. A. To encourage the employees of the City of Santa Ana to take college courses and special training courses, which will better enable them to perform their present duties and prepare them for increased responsibilities. B. To provide financial assistance to eligible employees for education and training. C. To establish eligibility requirements, conditions and procedures whereby such assistance may be provided. 7.2 Eligibilily. A. Applications for tuition reimbursement will be considered only from full-time, permanent City employees who have completed probation. B. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as G.I. Bill, scholarships, etc. C. Applications will be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's occupational specialty. D. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to their job may be reimbursable only after all required occupationally related courses have been completed. E. Prior to receiving tuition reimbursement, employees must submit documentary proof of having received a grade of not less than "C" for the course. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. F. Approval will be limited to courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship of the various Boards of Education. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program but may be authorized and funded by the interested department without coordination with the Human Resources Department. G. When an employee is required by the Police Chief to attend a particular course or seminar, the expense shall be borne entirely by the City. City Council 21 44 — 26 12/20/2022 H. For specifics regarding this Article, please refer to Santa Ana Police Department Training Bulletin 02-07 - Scheduling of Training Days and Travel Time Compensation. 7.3 Reimbursement. A. Reimbursement will be based on the cost of tuition or registration fees and all required texts, eBooks and related material for each course. Additional expenses such as meals and parking fees are not reimbursable. B. Costs for required texts and eBooks are eligible for one hundred percent (100%) reimbursement subject to the following conditions: 1. For textbooks: a duplicate of the required textbook(s) was unavailable for loan from the departmental libraries prior to the commencement of coursework; 2. For textbooks: any textbook(s) purchased by the City shall be submitted to the employee's respective departmental library in order that such text(s) may be made available to all employees. C. Tuition or registration costs of one hundred dollars ($100.00) or less are eligible for one hundred percent (100%) reimbursement. Tuition costs in excess of one hundred dollars ($100.00) are eligible for seventy-five percent (75%) reimbursement. Maximum tuition reimbursement per semester is five hundred dollars ($500.00) with a maximum of $1,500 a year. NOTE: Summer and winter sessions shall be counted as separate "semesters" for purposes of the program. D. Employees shall be limited, for purposes of tuition reimbursement, to a maximum of two (2) collegiate level courses of not more than a total number of units which is equivalent to six (6) "semester" units per semester. One (1) "quarter" unit shall equal two-thirds (2/3) of one (1) "semester" unit. 7.4 Procedures. A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete an Application for Training and Educational Assistance form and submit it to the Police Chief. B. The Police Chief will recommend approval or disapproval and forward the application to the Human Resources Department. It is advisable that the applicant accomplish the procedures so far described prior to the inception of the course or disbursement of personal funds in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this policy. C. Within three months after they have completed the course and received their final grade, the employee must include official verification of their final grade with appropriate receipts for tuition and textbook costs to the Human Resources City Council 22 44 — 27 12/20/2022 Department. These will be returned to the employee upon request. Applications not submitted to the Human Resources Department within three months following completion of the course become void. D. Upon receipt of the required documentation, the Human Resources Department will determine whether the completed course of instruction is compatible with the provisions of Sections 2 and 3 of this Article. If found to be compatible, the Human Resources Department will compute the amount of reimbursement, authenticate the application, and forward it to the Police Chief. E. The Police Chief will then authorize the Finance and Management Services Department to reimburse the employee the approved amount out of the budget of the Police Department. City Council 23 44 — 28 12/20/2022 ARTICLE VIII 8.0 OVERTIME 8.1 General Policy for Overtime Work. Whenever it shall be determined to be in the public interest for employees to perform overtime work, or in an emergency situation, the City Manager, the Police Chief, or an authorized representative of the City Manager or Police Chief, may require an employee to perform overtime work. 8.2 Definition. A. Standard Work Period Overtime. Overtime for those employees assigned to the Standard Work Period shall be authorized or required time worked in excess of those hours assigned to their particular Standard Work Period Schedule workday or hours in excess of 40 hours per Work Period. However, subject to Article 8.3 below, if an employee uses sick leave or personal necessity leave as provided for in this MOU in the same Standard Work Period in which they works hours in addition to his/her regular hours, the sick leave and/or personal necessity leave shall not count as work hours which shall mean that the additional hours worked shall be paid at straight time if they are less than or equal to the number of sick leave or personal necessity leave hours used in the Standard Work Period. The use of such leave hours shall not affect overtime earned in accordance with Article 8.14 of this MOU. B. Alternative Work Period Overtime. Pursuant to this MOU, employees assigned to the Alternate Work Period (the 28 day FLSA work period per Section 7(k) of the FLSA) shall earn overtime for authorized or required time worked in excess of those hours assigned to their particular Alternative Work Period Schedule workday or hours in excess of their Alternative Work Period Schedule hours in a consecutive 28 day, 672 hour period. However, subject to Article 8.3 below, if an employee uses sick leave or personal necessity leave as provided for in this MOU in the same Alternative Work Period in which they works hours in addition to his/her regular hours, the sick leave and/or personal necessity leave shall not count as work hours which shall mean that the additional hours worked shall be paid at straight time if they are less than or equal to the number of sick leave or personal necessity leave hours used in the Alternative Work Period. The use of such leave hours shall not affect overtime earned in accordance with Article 8.14 of this MOU. 8.3 Computation of a Workday and Work Period. Paid leave for holidays, vacation, and other time off with pay (including approved workers' compensation leave), except for sick leave and personal necessity, shall be credited towards the total time worked in computing a regular workday, and/or a work period, as defined herein. Sick leave and personal necessity shall not count as hours worked towards the total time worked in computing a regular workday and/or a work period. Unit members shall record hours worked in one -tenth (1/10) of an hour increments of time. This is illustrated by the following: City Council 24 44 — 29 12/20/2022 0-3 Minutes — No additional time should be recorded 4-9 Minutes = .1 of an hour 10-15 Minutes = .2 of an hour 16-21 Minutes = .3 of an hour 22-27 Minutes = .4 of an hour 28-33 Minutes = .5 of an hour 34-39 Minutes = .6 of an hour 40-45 Minutes = .7 of an hour 46-51 Minutes = .8 of an hour 52-57 Minutes = .9 of an hour 58-60 Minutes = 1.0 full hour For example, if an employee whose work schedule is 7:30 a.m. to 5:30 p.m. works until 5:48 p.m. they would record 9.3 hours for the day. Leave without pay shall not be credited towards the total time worked in computing a regular workday, and/or a work period, as defined herein. 8.4 Compensation for Overtime. A. The preferable method by which overtime shall be compensated is by monetary payment, at one and one-half (1 1/2) times the employee's regular rate of pay. B. Should the Police Chief determine that the best interests of the City will be served thereby, their designee may permit an employee to be compensated for overtime work by earning compensatory time off at the rate of one and one-half (1 1/2) hours for each hour of overtime worked. This time, hereinafter identified as "comp time" shall be accrued as set forth below. C. There are two Comp Time banks. The first bank is the Non-FLSA Comp -Time Bank established under the 2013-2015 MOU. Those employees hired after July 1, 2015 or those employees with less than 100 hours of Comp -Time at the time the banks were created will not have a Non-FLSA Comp -Time Bank. The second bank is the FLSA Comp -Time Bank. The Non-FLSA Comp Time Bank can never have hours added to it. The hours in that bank can only be used as leave time and when using such leave will not cause the City to have to pay another employee overtime to fill behind the employee using the leave. The comp time in this bank cannot be cashed out during employment, only at the time the employee leaves City employment. If an employee uses the comp time in this bank during employment and exhausts the entire accrual in this bank, the employee's Non-FLSA Comp Time Bank will be closed as no additional hours may accrue into this bank. 2. The FLSA Comp Time Bank has a maximum accrual of one -hundred (100) hours. An employee who has 100 hours in this bank will earn overtime paid at time and one-half the employee's regular rate of pay for overtime earned City Council 25 44 — 30 12/20/2022 in accordance with this MOU and the FLSA. An employee who works overtime and who has less than 100 hours in his/her FLSA Comp Time Bank may be able to accrue hours (at the rate of 1.5 hours for each hour of overtime worked) in accordance with subdivision (B) above. For Calendar year 2022, the Comp time in this bank can be cashed in accordance with the provisions detailed below. Each affected employee who has accrued comp time credits in the FLSA Comp Time Bank, may elect to convert up to twenty (20) hours of such accrued time each calendar year quarter to the cash equivalent thereof, to a maximum of eighty (80) hours per calendar year. Effective for calendar year 2023 and every year thereafter: By December 15 (the first year being 2022) of each year, employees may make an irrevocable election to cash out up to 80 hours of FLSA Comp Time which they may earn in the following calendar year. In the following year, the employee can receive the cash for FLSA Comp Time they irrevocably elected to cash out in either two (2) separate increments of up to 40 hours or one (1) increment of 80 hours. The employee would be paid one half of what they irrevocably elected to cash out hours on both the second pay day in July and the first pay day on December (assuming they have earned it) or the employee can elect to be paid their full amount they elected to cash out on the first pay day in December. However, if the employee's FLSA Comp Time balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of FLSA Comp Time the employee has earned at the time of the cash out. D. Use of Comp Time from the FLSA Comp Time Bank. 1. When an employee submits a request for time off using accrued compensatory time, and that employee has found a qualified replacement, the time off request will be granted. A qualified replacement means that the replacement officer or employee is able to fulfill the requirements of the position to which the requesting officer is assigned. a. Compensatory time off requests made for consideration during the monthly scheduling meetings will be treated as any other time off and granted only on the basis of seniority. b. Pursuant to the 3-12 Operating Rules, officers may trade work days with other officers within the 28-day deployment period. Any trades must be approved by the affected Commanders and the Field Operations Bureau Commander. 2. When an employee submits a request to take time off using accrued compensatory time and the officer deployment is above minimum staffing for the day requested, then the request will be granted without further City Council 26 44 — 31 12/20/2022 conditions. However, if the number of officers scheduled to work on the day(s) of the request is at or below minimum staffing as defined by the department, the compensatory time off request will be granted only if a qualified replacement has volunteered and committed to work the assignment left open by the request for time off. The volunteer may exchange days off with the requesting employee within the 28-day deployment period, whichever applies, or may elect to receive overtime compensation. 3. Requests for use of compensatory time off during holidays as defined by this MOU, must be submitted in time to be considered during the monthly scheduling meeting held by bureau and division commanders for the upcoming month. These requests will be considered by seniority and will be granted only if officer deployment is above minimum staffing. Compensatory time off requested during a City -designated holiday will be treated as any other time off request and will be granted in order of seniority as long as minimum staffing levels are met. The replacement policy in 8.4 DA below will not apply to compensatory time off requests submitted for consideration during monthly scheduling meetings. 4. Although it is always preferable for the employee to find a qualified replacement when requesting the use of compensatory time off, if provided sufficient notice of a request for time off, the department will work with employees to find a qualified replacement. Sufficient notice and reasonable period will be defined as follows: a. Seventy-two (72) hours' notice for one (1) day or less of time off requested. b. Five (5) calendar days' notice for more than one (1) workday up to one (1) workweek. C. Fourteen (14) calendar days' notice for more than one (1) week compensatory time off request. 5. If an employee has provided sufficient notice to use compensatory time off, the department will work with the employee to find a qualified replacement in the following manner: a. The watch commander will maintain a calendar of time off that has been requested in accordance with the guidelines listed above. Qualified employees will be allowed to volunteer to work these shifts. b. If an employee volunteers and signs up to work for another employee who has requested compensatory time off, that volunteering employee will be held responsible for working that full shift without further reminder. Employees who do not show up to City Council 27 44 — 32 12/20/2022 work, or retract their offer to replace another officer, may be subject to disciplinary action and may not be permitted to volunteer to work in this manner in the future. 6. The watch commander shall send out an e-mail message to all officers requesting a volunteer to cover the shift by switching days off or working on overtime. 7. When a compensatory time off request is made in a manner that does not comply with this policy, and granting that request would unduly disrupt the operations of the department, the department may deny that request. 8.5 Incremental Usage. Compensatory time off may be taken in increments as small as one- half (1 /2) hour. 8.6 No Effect on Other Benefits. Overtime is not pensionable, employees do not earn additional leave accruals and it does not count toward the completion of the probationary period or progression to the next salary step. 8.7 Overtime Work to be Apportioned. To the extent that he is reasonably able to do so, the Police Chief shall arrange work programs to minimize overtime work; necessary overtime work shall be apportioned among employees of like classification and assignment. 8.8 Advance Compensation for Overtime. Compensatory time off earned within a pay period cannot be used within the same pay period. 8.9 Compensation for Overtime: Overtime pay or comp time shall be allowed an employee for attendance at conventions, conferences, seminars or the like, as long as prior authorization is received. Overtime pay or comp time pay shall be permitted only for attendance which is ordered on such employee's normal days off or for time beyond a normal workday's duration. Please refer to Santa Ana Police Department Training Bulletin 02-07 for details. 8.10 Call -Back and On -Call. A. Employees who are on call during their off -duty time due to their assignment (i.e., Homicide Investigators, Internal Affairs Sergeants, Crimes Against Persons Sergeants, etc.) and are called back to work will be paid for their travel time at the overtime rate from the time they leave their home until the time they return home, or until their regularly scheduled shift begins. Only that period of time devoted to work will be compensated. If employees are not home when they are called back to duty, they will receive their normal home to work travel time or if closer to City than their home, travel to that location and back. 1. Employees who are on -call are subject to the following: Employees are required to promptly return to work after being called and be fit for duty and able to respond. Employees on call are not permitted to drink City Council 28 44 — 33 12/20/2022 alcohol or use any substance that will affect their ability to return to work. Being on call does not constitute hours worked since employees are off -duty and permitted to engage in personal pursuits. Employees are required to respond to a phone call as quickly as possible. Upon responding, the employee will be instructed as to whether they are required to return to work (it is possible that the issue could be resolved by talking to the employee on the phone or using a computer to resolve the issue) and if so, will be informed of the location to which they must respond. Response time will generally be the employee's normal commute time and any additional minimal time necessary to get ready to return to work. B. Employees who are ordered back to work while off -duty because of an emergency or other unforeseen event will be paid for travel time at the overtime rate from the time they leave their home until they return home, or until their regularly scheduled shift begins. Only that period of time devoted to work will be compensated. C. Employees who are called at home and offered voluntary overtime work, and elect to accept the offer, will not be compensated for travel time in any manner. Similarly, employees who sign up for voluntary overtime, or who have advance notice that they will have to work during their off -duty time on an overtime basis, will not be compensated for travel time. 8.11 Accrued Compensatory Time Off Paid Upon Promotions or Upon Separation. Upon an employee's appointment to a position in which overtime may not be earned or upon an employee's separation from employment with the City they shall be compensated for accrued compensatory time on the next payday. 8.12 Court Appearance. Compensation for court appearance shall be as follows: A. For each required court appearance made by an employee during their off -duty time regarding City business, employees shall be paid overtime for the period of time from their arrival at court until they are released from court or the court session closes for that day. However, in no case, shall an employee receive less than two (2) hours overtime for a court appearance. If court appearances are made both in the morning and afternoon of a particular day, the employee shall receive a minimum of two (2) hours overtime for each session attended.. Employees who appear in court in the morning and are required to stay until through the court's meal break into the afternoon session will be considered to be in paid status during the court's meal break. The employee must provide a copy of the subpoena requiring their attendance to initiate payroll procedures. B. A subpoenaed employee scheduled to appear in court on City business during off - duty time may be placed on on -call status by the Police Chief or their authorized representative if the employee can respond to the court, if called, within 60 minutes of the employee's notification. In the event such off -duty employee is on on -call City Council 29 44 — 34 12/20/2022 status during any court session and is not required to appear in court, such employees shall be compensated two (2) hours at straight time, for each court session. Such employee may elect, in lieu of paid time, to earn two (2) hours of comp time off for standby time and not appearing in court, with the approval of the Police Chief. C. Employees assigned to the 3/12.5-7/12.5, or 3/12-4/12 Work Schedule who appear in court during their regularly scheduled workweek, and who, as a result, do not receive adequate rest (because of the hours of the day they work), will be allowed to flex their scheduled shift start time up to four hours, with the approval of the employee's immediate supervisor and watch commander, or immediate supervisor and section commander. Alternatively, the employee may be allowed to use up to four hours from his/her "Comp Time Banks" at the beginning of their scheduled shift to ensure adequate rest. An employee whose work shift ends or starts within thirty minutes of a mandatory court appearance shall be compensated for those thirty minutes at an overtime rate. 2. Employees assigned to a Watch 3 (6:00 p.m. to 6:30 a.m.) who are required to appear in court following the end of his/her shift will have the option of remaining on duty or ending their shift. Employees that continue active duty will be compensated at time and one half while on duty. Employees that end their shift will be unpaid prior to their court appearance. D. Employees who are on call for court during off -duty time, and who are called to testify, will be paid at the overtime rate of time and a half of their regular hourly rate, to include actual travel time from their home to court and back, or until their regularly scheduled shift begins. Travel time will be limited to a maximum of one (1) hour each way. Only that period of time devoted to work will be compensated. Time spent on personal pursuits or other non -work related activity will not be compensated. E. Those employees who have advance notice of their required appearance in court, have arranged an appearance time with the District Attorney's Office, or who otherwise have advance notice of mandatory court appearances, will not be compensated for travel time in any manner. F. Employees who appear in court during off -duty hours may elect to start their normal work shift early as specified herein. G. A subpoenaed employee scheduled to appear in court on City business during off - duty time and placed on -call by the Police Chief or their authorized representative will be compensated two (2) hours at straight time if they are not advised of the cancellation of their appearance within five (5) Court business days of said appearance. City Council 30 44 — 35 12/20/2022 8.13 Creation of Association Comn Time Bank. A. Any member of the Association who works overtime, or has accrued but unused holidays, can designate that they will contribute the value of such time to a bank for use by members of the Association for the purposes and subject to the restrictions provided herein. B. Any member of the Association may receive time off for the welfare of officers, community service and any lawful activity of the Association with pay drawn from the bank described in Subsection A of this Section, provided that said employee first gains approval for said use by the executive board of the Association in the manner specified by its rules as adopted from time to time, and subject to the approval or disapproval of the Police Chief consistent with the operational needs of the Police Department. C. No withdrawal or use of such bank may be made by or on behalf of an employee ordered to take time off without pay for discipline imposed by the Police Chief or his designee. D. The City agrees to provide the SAPOA with a quarterly accounting (at the end of March, June, September and December) of all Association Comp Time accrued and used. 8.14 Compensation of Voluntary Contract Overtime. Exclusive of other provisions of this Article, except Section 8.6 (No Effect on Other Benefits), Police Officers and Police Sergeants who voluntarily agree to perform contract security services at games, parades, dances and similar public events for a separate and independent employer shall be compensated at the rate of one and one-half (1 1/2) times the employee's regular rate of pay. However, the hours worked do not constitute hours worked under the FLSA. The Police Chief shall determine how many off -duty police officers should serve as security officers at each event. Police Officers and Sergeants represented by the Association shall be given first opportunity to volunteer for such off -duty assignments. If, after a reasonable period of time, an insufficient number of police officers have volunteered to work such assignments, the Police Chief may offer the remaining "openings" to any person(s) they deem capable of performing the work at whatever straight -time pay rate the City considers to be appropriate. City Council 31 44 — 36 12/20/2022 ARTICLE IX 9.0 HOLIDAYS 9.1 Legal holidays observed by full-time permanent and probationary employees covered by this MOU are as follows: • January 1 st - New Year's Day. • Third (3rd) Monday in January - In observance of Martin Luther King Jr.'s Birthday. • Third (3rd) Monday in February - In observance of Presidents' Day. • Last Monday in May - In commemoration of Memorial Day. • July 4th - In observance of Independence Day. • First (1st) Monday in September -In observance of Labor Day. • November 1 lth - In observance of Veteran's Day. • Fourth (4th) Thursday in November - In observance of Thanksgiving Day. • The Friday immediately following Thanksgiving Day. • December 25th - In observance of Christmas Day. • Last working day before Christmas Day, unless Christmas falls on a Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof. • One (1) Floating Holiday - Any workday selected by the employee with prior permission of the employee's supervisor. • Every day proclaimed by the Mayor of the City as a holiday for City employees. Any holiday which falls on a Sunday will be observed on the following Monday. Any holiday, which falls on a Saturday, will be observed on the Friday preceding the Holiday. 9.2 Effective January 1, 2021, and every year thereafter: Full-time, permanent and probationary employees covered by this MOU shall receive 96 holiday hours each year (12 eight -hour holidays) in lieu of the twelve (12) holidays specified in Section 9.1. For each of the holidays, employees have the following two options: City Council 32 44 — 37 12/20/2022 A. Option 1 - Employees can use their eleven twelve 8-hour holidays, i.e., 96 holiday hours during the calendar year by scheduling it as time off. If this option is chosen, the following provisions apply: 1. The employee will not be cashed out for any of the ninety-six (96) holiday hours at the end of the year if any of the hours are not used. 2. If an employee leaves City employment during the year and has not used all of the holiday hours earned during the year at the date of separation the remaining holiday hours earned to date will be paid to the employee on their final check. This pay will not be reported to CalPERS as Special Compensation. 3. If an employee leaves City employment during the year and has used more holiday hours in the calendar year than they have earned as of that date, they must pay the City the cash value for such used but unearned holiday time off benefits prior to or at the time of separation. 4. Employees can use holiday leave in increments as small as one half (1/2) hour with fractional usage rounded upward to the next higher multiple of one half (1/2) hour. B. Option 2 — Employees may make an irrevocable election to receive holiday pay in lieu (paid at the regular rate of pay at straight time) of time off for the holiday. If this option is chosen, employees must submit their irrevocable election by December 15 of each calendar year (the first year being 2020) to the Police Department Human Resources Division who will then forward it to City Payroll. Employees will receive eight (8) hours of holiday pay in lieu for each holiday. The employee will receive the pay on the payday following when each of the twelve (12) holidays occur. If this option is chosen, the parties agree that to the extent permitted by law, this holiday pay in lieu is special compensation and shall be reported to Ca1PERS pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) Holiday Pay. An employee who does not irrevocably elect option 2 by December 15 of the previous calendar year will receive holidays per Option 1. 9.3 All employees must actually work at least one day preceding the day a holiday listed in Section 9.1, actually occurs in order to receive credit for such holiday. The employee will then be credited with all remaining holidays in the year occurring after the appointment. An employee separating from the service of the City must actually work at least one day following the day a holiday listed in Section 9.1, actually occurs in order to receive credit for that holiday. A newly appointed employee must complete six (6) months of continuous, full-time service in order to receive credit for the Floating Holiday listed in Section 9.1 above. City Council 33 44 — 38 12/20/2022 ARTICLE X 10.0 VACATION 10.1 Vacation. A. Members shall accrue vacation with pay on a monthly basis as set forth in the following table. Beginning Years Annual Vacation Accrued Monthly Accrual Rate 1 80 6.67 2 80 6.67 3 120 10.00 4 120 10.00 5 120 10.00 6 124 10.33 7 128 10.67 8 132 11.00 9 136 11.33 10 140 11.67 11 144 12.00 12 148 12.33 13 152 12.67 14 156 13.00 15 160 13.33 16 168 14.00 17 176 14.67 18 184 15.33 19 192 16.00 20 or more 200 16.67 B. An employee who has completed less than one year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to their credit during the year; provided, however, no employee shall be entitled to use any vacation until they has completed six (6) months of continuous service. C. On or after the first (1 st) day of the month following completion of six (6) months of continuous full-time service, an employee may be allowed to take all or a proportionate fraction of their earned vacation, subject to scheduling approval of the employee's supervisor. D. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service for vacation accrual purposes. City Council 34 44 — 39 12/20/2022 E. Computation of Vacation. If a holiday listed in Article 9 occurs during an employee's vacation, vacation hours will not be deducted. For employees who choose to earn holiday in lieu pay, they are already being paid for the holiday. If an employee qualifies for sick leave while on vacation, the time will be deducted from sick leave, not vacation. 2. With the exception of military leave, an employee who has a break in service of one year or less will continue to accrue vacation per Section 10.2A. If an employee has a break in service of one year or more, they shall be considered a first year employee for purposes of accruing vacation. F. Vacation Buy-Bac . Effective for calendar year 2023 and every year thereafter: By December 15 (the first year being 2022) of each year, employees may make an irrevocable election to cash out up to sixty (60) hours (120 hours if they used 80 hours in the calendar year they are making the election) of vacation which they can accrue per year which will be earned in the following calendar year at the employee's base rate of pay. In the following year, the employee can receive the cash for the vacation they irrevocably elected to cash out in either two (2) separate increments of up to thirty (30) (60 if they if they used 80 hours in the calendar year they are making the election) hours or one (1) increment of up sixty (60) hours (120 if they if they used 80 hours in the calendar year they are making the election) they can accrue in a year. The employee would be paid one half of what they irrevocably elect to cash out hours on both the second pay day in July and the first pay day in December or the employee can elect to be paid sixty (60) hours (120 if they if they used 80 hours in the calendar year they are making the election) on the first pay day in December. However, if the employee's vacation balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of vacation the employee has accrued at the time of the cash out. If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that subsequent year, the vacation used will come from vacation the employee had earned prior to January 1 of the year the employee has elected to cash out vacation. This is to ensure that assuming an employee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out. 10.3 Limitation on Vacation. With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take, any vacation leave with pay in excess of 400 hours in any one year. City Council 35 44 — 40 12/20/2022 10.4 Vacation Carry -Over. A. No employee may carry over from one (1) calendar year to the next, more than the maximum vacation carryover as set forth in the following table. Any vacation not used beyond the maximum carryover amount from year to year will be paid off by the City at the end of the calendar year at the employee's base rate of pay so that at the beginning of the following calendar year, the employee will have the maximum carryover amount of vacation in their vacation bank. Completed Years Max Carryover 1 80 2 160 3 280 4 320 5 360 6 364 7 372 8 380 9 388 10 396 11 404 12 412 13 420 14 428 15 436 16 448 17 464 18 480 19 496 20 512 21 520 22 520 23 520 24 520 25 520 10.5 Use of Accrued Vacation. Vacation, may be taken in increments as small as one half (1/2) hour. Each affected employee shall be afforded the opportunity to submit selection(s) for use of accrued vacation, and the Police Chief or their designee shall make every reasonable effort to accommodate the employee's preference(s). The time at which an employee shall take their vacation, shall be determined by the Police Chief, with due regard for the wishes of the employee and particular regard for the needs of the service. City Council 36 44 — 41 12/20/2022 ARTICLE XI 11.0 OTHER LEAVES OF ABSENCE 11.1 Sick Leave. A. Definition. Except as otherwise provided below, sick leave shall be deemed to mean absence from duty of an employee because of illness or injury that prevents the employee from performing the duties of their position and shall be deemed to include time in quarantine resulting from non -duty related exposure to a contagious disease. B. Accrual. Each employee shall earn eight (8) hours of sick leave for each full calendar month of service in which they is employed by the City with full pay. However, any absence on sick leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not be considered to be service entitling an employee to earn sick leave as aforesaid. Employees on leave of absence for service -connected illness or injury who are covered by the provisions of Labor Code Section 4850, shall continue to accumulate eight (8) hours of sick leave for each full calendar month of service for which they are employed by the City with full pay during said absence for service -connected illness or injury. C. Authorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows: I. Sick leave is not a right which an employee may use at their discretion, but shall be allowed only in cases of necessity and actual sickness or disability, or as authorized in Subsection J below. 2. For miscellaneous -member employees covered by this MOU, when such an employee's absence is caused by an industrial illness or injury, for which benefits are required to be provided under the State Workers' Compensation Insurance and Safety Act, the City shall pay 100% of salary for the first three (3) days of such absence and sick leave shall not be debited. D. Limit. The maximum total accumulation of sick leave shall be 1600 hours. Sick leave usage of less than a full day shall be charged in minimum increments of one- half (1/2) hour. For employees who are hired or appointed into the bargaining unit following Council approval of this MOU: (1) Maximum accumulation of 352 sick leave hours; and (2) Any annual accrual over the 352 hours (up to 96 hours) would be cashed out into an employee's RHS during the first pay period in January of each year. (3) An employee with more than 352 hours of accrued sick leave, entering into a classification represented by POA shall be reduced to 352 hours (unpaid). City Council 37 44 — 42 12/20/2022 An employee with less than 352 hours of accrued sick leave, entering into a classification represented by POA shall maintain their existing sick leave balance. E. Extended. The City Manager may grant leave up to six months without pay to an employee who has exhausted all of their accrued sick leave if a licensed physician indicates that the employee will be sufficiently recovered to return to their employment within a six (6) months period. Prior to the expiration of the additional time, the employee may return to their position provided that they has a certificate from their physicians stating that the employee is able to perform all the duties of their position without qualification. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year without pay. F. Extension by Use of Vacation. After an employee's sick leave has been exhausted, they may be granted permission to take any earned vacation they may have accrued. G. Notice. The employee taking sick leave shall notify their immediate supervisor not less than one (1) hour prior to the time they are scheduled to report for duty. If sick leave abuse is suspected, an employee may be required to produce a physician certificate verifying that the employee was sick. H. Denial. No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self-inflicted or caused by willful misconduct for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation. I. Excess Usage. If sick leave is used in excess of that due and available to an employee, such excess sick leave, will first be deducted from any available compensatory time off benefit; second, from any available vacation leave benefit; third, from any available holiday leave benefits; and finally, will be considered leave without pay. J. Personal Necessity Leave (Family Sick Leave per Labor Code section 233). Each employee shall be afforded the opportunity to use up to 48 hours of sick leave per calendar year, on a non -cumulative basis. This leave may be used to attend to an illness of a child, parent, spouse, registered domestic partner, grandchild, grandparent, parent in law, or sibling of the employee. As used in this section, "child" means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis; and "parent" means a biological, foster, adoptive parent, a stepparent, or a legal guardian. Up to three (3) days of this personal necessity leave may be used: (a) to attend to a serious accident to members of the employee's immediate family; (b) childbirth; (c) to cope with imminent danger to the employee's home or other valuable property; or (d) when the existence of external circumstances beyond the employee's control make it impractical for him or her to report for duty. For the purposes of this section only, a "day" shall be defined as the number of hours of City Council 38 44 — 43 12/20/2022 work that an employee is required to work according to their specific workday schedule. K. Payment for Unused Sick Leave. Definition. All employees hired or appointed into the bargaining unit prior to Council approval of this 2022 MOU (as this section does not apply to employees hired or appointed into the bargaining unit after Council approval of this 2022 MOU), except for those involved in disciplinary termination, shall be entitled to payment under the following provisions: 1. After ten (10) years of cumulative full-time service with the City, each qualified employee shall be entitled to payment for one-third (1/3) of the total sick leave benefit credited to their account upon the effective date of such termination, not to exceed a maximum limit of 427 hours, at the rate of pay in effect on the date of such termination. a. At their option, an employee may convert the above lump sum payment option into the retiree health account fund, held by the SAPOA for the purposes of retiree health insurance or long term care insurance premiums to the extent necessary to provide the employee and their designated eligible dependents, if any, with benefits under the health insurance program maintained by the Association. For unused sick leave benefits had this option not been elected, not to exceed a maximum of 640 hours. 2. After 15 years of cumulative full-time service with the City, each qualified employee shall be entitled to credit for two-thirds (2/3) of the total sick leave benefit credited to their account upon the effective date of such termination, not to exceed a maximum limit of 1,040 hours, calculated at the rate of pay in effect on the date of such termination. This credit shall be applied into the retiree health account fund, held by the SAPOA for the purposes of retiree monthly health insurance premiums or toward long-term care insurance premiums, beginning on the effective date of termination. 3. After 20 years of cumulative full-time service with the City, each qualified employee shall be entitled to one of two options: (a) payment for 1/3 of the total sick leave benefit credited to their account upon the effective date of such termination, not to exceed a maximum limit of 533 hours, at the rate of pay in effect on the date of such termination, or (b) credit for 2/3 of the total sick leave benefit credited to their account upon the effective date of such termination, not to exceed a maximum limit of 1,040 hours. 4. After 25 years of cumulative full-time service with the City, each qualified employee shall be entitled to one of two options: (a) payment for 2/3 of the total sick leave benefit credited to their account upon the effective date of such termination, not to exceed a maximum limit of 1,040 hours, at the rate of pay in effect on the date of such termination, or (b) credit for 2/3 of the City Council 39 44 — 44 12/20/2022 total sick leave benefit credited to their account upon the effective date of such termination, not to exceed a maximum limit of 1,040 hours, as defined in ' 2" above. 5. A lump sum payment shall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee of the City, such payment to be in the amount of 1/3 of the total sick leave benefit credited to the employee's account at the time of their death, and at the rate of pay effective on the date of death. 6. Upon the death of any retired employee receiving a benefit under this provision, said benefit will continue to be provided through the Association on behalf of said retired employee to their beneficiary. 11.2 Bereavement Leave. An employee shall be granted up to three (3) days leave without loss of pay in case of death of a member of the employee's immediate family. For purposes of this Section only, a "day" shall be defined as the number of hours of work that an employee is required to work according to his/her specific workday schedule. Such leave is designated as bereavement leave. "Immediate family" as used in this section is limited to: A. Any relative by blood or marriage who is a member of the employee's household; B. A parent, parent -in-law, stepparent, spouse, registered domestic partner, child, brother, stepbrother, sister, stepsister, grandparent or grandchild of the employee, regardless of residence. 11.3 Military Leave. A. Proof of Orders and Reinstatements. An employee shall be granted military leave if they furnishes the Executive Director of Human Resources or designee satisfactory proof of their orders to report for duty. Upon return and upon showing proof of actual service pursuant to such orders, they will be reinstated as provided in Section 9-143 of the Santa Ana Municipal Code. B. Temporary. Members of the reserve forces of the United States, or the National Guard, granted temporary military leave when ordered to duty, in accordance with the Military and Veterans Code and Section 9-144 of the Santa Ana Municipal Code, will be granted leave with pay not to exceed thirty (30) working days in each calendar year after one year's service with the City upon presenting satisfactory proof of orders to and from such temporary active duties. 11.4 Jury and Witness Leave. When an on -duty employee is called to serve as a juror or a non- party witness in any court action they shall be allowed leave for the time actually required for such service, without loss of pay. Each on -duty employee called for such service shall present to the Police Chief for examination the subpoena calling them to such service. Refer to Departmental Order 396 - Jury Duty for specifics. City Council 40 44 — 45 12/20/2022 11.5 Examination Leave. Employees participating in examinations conducted during their normal working hours for positions in the competitive service of the City of Santa Ana will be granted leave with pay for the time actually required, without loss of any accrued vacation or compensatory time off benefits. 11.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be considered cause for dismissal. Absence from duty without leave for five (5) consecutive working days shall be deemed a resignation from the service; provided, however, if upon return to duty the person so absenting themselves makes an explanation satisfactory to the Police Chief of the cause of their absence, the Police Chief may restore them to their position, with the City Manager's approval. 11.7 Authorized Absence Without Pay. Absence without pay not to exceed five (5) consecutive working days' may be authorized by the Police Chief. Absence without pay not to exceed fifteen (15) calendar days may be authorized by the department with the approval of the City Manager. Such absences may be authorized only if in the judgment of the Police Chief they serve the best interest of the City. 11.8 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an employee having permanent status plus action by the Police Chief recommending approval of the request, the City Manager may grant a leave of absence for up to six (6) months. An employee returning to duty with the City shall inform the Police Chief and the Executive Director of Human Resources or designee of their intention at least thirty (30) calendar days prior to the expiration of the six (6) months period or shorter period if the full six (6) months is not taken. Upon receipt of such notice, the Police Chief will take steps necessary to restore the employee to their former position. 11.9 Administrative Leave. The City Manager is authorized to grant, at their discretion, administrative leave with or without pay (without pay if the employee requests) for permanent employees if, in their opinion, such a leave is in the interests of the City. 11.10 Industrial Leave. A. Each "safety member" employee covered by the provisions of Labor Code Section 4850 who is compelled to be absent from duty because of an illness or injury covered by the State of California Workers' Compensation Insurance and Safety Act shall, in lieu of temporary disability compensation payable under the aforementioned Act, continue to be paid their normal salary and accrue other benefits in accordance with the provisions of Labor Code Section 4850. B. Any period of time during which an employee is required to be absent from their position by reason of an industrial injury or industrial illness for which they is entitled to receive compensation shall not be considered a break in continuous service for the purpose of their right to salary adjustment or to the accrual of vacation and seniority. City Council 41 44 — 46 12/20/2022 11.11 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of absence without pay by the City Manager because of a catastrophic, non -industrial medical condition or injury, the following Catastrophic Leave Donation Program applies: A. Guidelines. It shall be understood that all donations under this procedure are voluntary and subject to taxation for the recipient. Employees may donate vacation or compensatory time or holiday leave time to the eligible employee. In no event shall sick leave be donated. 2. Employees shall be provided a two -week period to submit donations. Donations received after this two -week period shall not be processed. The two -week period for each case shall be designated by the Police Chief or his designee as provided herein below. If all previous time donated has been exhausted, the recipient may request a new donation period be designated by the Police Chief or his designee as provided herein below. 3. All vacation, compensatory time or holiday leave time donations must be made in two (2) hour increments. There is no limit on the amount of the donation that can be made. 4. Any authorization of donations not made in accordance with the procedures outlined in Section C, subparagraph 2 below, will not be processed. 5. All donations shall be irrevocable. 6. In the event the recipient returns to work before leave donations have been exhausted, any balance on the books shall be accrued by the recipient and designated as sick leave and may be used pursuant to Article XI, Sections 11.1A through 11.1K above. B. Eli ig bility. Full-time employees shall be eligible for catastrophic leave donations if the following criteria are met: When it is reasonably foreseeable that all accrued time on the books, such as sick leave, compensatory time, vacation, and in lieu holidays, will be exhausted and the employee's illness will continue past the time when the employee will be on paid status. 2. The Police Chief or their designee has approved a written request for donations accompanied by a medical statement from the employee's attending physician. The attending physician's statement must verify the employee's need for an extended medical leave and an estimate of the time the employee will be unable to work. C. Procedure. 1. Upon receipt of a valid request for donations from an eligible employee, the e's City Council 42 44 — 4 12/20/ 2 need for donations on bulletin boards accessible to employees. No confidential medical information shall be included in the posted notice. 2. Employees wishing to donate time to an eligible employee must sign their authorization of the transfer of such donated time and provide: a. Their name, department name, and employee number; b. The number of hours of compensatory, holiday or vacation time of the donation within the limitations of Section A, subparagraph 3 above; The name, department, and employee number of the recipient; d. A statement indicating that the donor understands such donation of time is irrevocable. 3. At the close of the two -week donation period, the department shall verify that each donating employee has accrued vacation, holiday and/or comp time balances sufficient to cover the designated donation. 4. The department shall submit all approved donation authorizations for an eligible employee at one time for processing. No donation authorizations for the eligible employee will be processed after this period. However, employees who receive donations under this procedure and who exhaust all donated hours may request an additional donation period subject to the provisions of Section A, herein. 5. The City shall add the donated time to the recipient's sick leave account. D. Upon the death of any active employee receiving a benefit under this provision, the City agrees to pay any unused Catastrophic Leave Donations remaining on the books to the surviving beneficiary. E. For those current employees with unused catastrophic leave on the books, the City agrees to convert said unused catastrophic leave to sick leave for use in accordance with the provisions of Article XI, Sections 11.1A through 11.1K above. 11.12 Assignment Departmental Seniority Employees who are authorized to be on an unpaid medical leave for twelve (12) weeks or less shall continue to accrue seniority related to their particular assignment, as it relates to the badge number list or for any other purpose concerning Police Department Operations for which seniority is considered. Once such leave of absence exceeds twelve (12) weeks, the employee will no longer accrue seniority (for all purposes, including, but not limited to his/her classification, assignment or rank). While such employee will not lose any of the seniority they have previously earned, by not continuing to accrue seniority at that point, City Council 43 44 — 48 12/20/2022 others who previously were less senior may become more senior than such employee for seniority purposes in the Department. City Council 44 44 — 49 12/20/2022 ARTICLE XII 12.0 EMPLOYEE INSURANCE 12.1 The City will contribute toward the payment of premiums for health, dental and long-term disability insurance plans administered by the Association for the benefit of the employees represented by the Association as follows: A. Medical Insurance. The City will contribute $1,575.00 per month to the Santa Ana Police Officers Association Medical Insurance Trust Fund for each affected employee enrolled in medical insurance plans provided by the Association for its bargaining unit members and their eligible dependents. Any contributions necessary to maintain benefits under the plans in excess of the aforementioned amount per month shall be borne entirely by the Association and/or the enrollee. Members of the bargaining unit who are not Association members and therefore not eligible to purchase insurance through the Trust will receive from the City up to $1,575.00 per month to be used only for the purchase of medical insurance for themselves and eligible dependents. The Association will provide the City with proof that each of the employees in the Association who have enrolled in insurance are receiving insurance. The Association will also provide the City (once each quarter) with a list of the group insurance plan and rates for medical, dental and Long Term Disability. Effective January 1, 2024, the City will begin to administer medical and dental insurance for active employees. The City will contribute the following amounts for each employee: Employee Only - $804.00 Employee + 1 - $1,457.00 Employee + family - $1,850.00 These amounts are inclusive of the CalPERS statutory minimum ($151 for 2023 but not yet known for 2024). Dental — Cost of coverage up to $130. Long -Term Disability Insurance — Effective January 1, 2024, the City will begin to administer Long -Term Disability insurance. The City will agree to pay 100% of the premium for a long-term disability policy with a 60-day elimination period up to a maximum of $10,000 per month. B. Life Insurance. The City shall provide term life insurance coverage for each affected employee in the amount of thirty thousand dollars ($30,000), plus twenty thousand dollars ($20,000) accidental death and dismemberment (AD + D) coverage. City Council 45 44 — 50 12/20/2022 12.2 Retiree Health Contribution. All employees covered by this MOU will contribute two percent (2%) of their regular rate of pay through payroll deduction to a fund maintained by the Santa Ana Police Officers Association for the purpose of providing retiree health insurance premium reduction assistance. 12.3 If an employee is on an unpaid leave of more than fifteen (15) calendar days in a calendar month the City will not contribute toward any insurance coverage for the following calendar month. The Police Department will notify the Association of all employees on unpaid leave or who separate from City employment within three (3) working days. The City will continue the payment of contribution for insurance coverage until the end of the month in which the Association had received notice from the City of the employee's separation from employment. City Council 46 44 — 51 12/20/2022 ARTICLE XIII 13.0 RETIREMENT 13.1 General. The City shall continue to make contributions to the California Public Employees' Retirement System (Ca1PERS) in accordance with its contract with Ca1PERS for employees covered by said contract as amended. 13.2 Deferred Retirement. The City shall continue to make payment to Ca1PERS on behalf of each employee covered by this MOU in accordance with the following schedule: A. For Safety employees covered by this MOU who do not qualify as "New Members" under the California Public Employees' Pension Reform Act of 2013 (PEPRA), the City shall pay the nine percent (9%) member contribution and report it to Ca1PERS as compensation earnable. B. For Miscellaneous employees covered by this MOU who do not qualify as "New Members" under the California Public Employees' Pension Reform Act of 2013 (PEPRA) the City shall pay the eight percent (8%) member contribution and report it to Ca1PERS as compensation earnable. Such payments shall be credited to the individual employee's Ca1PERS account. Such payments are not increases in base salary and no salary rate range applicable to any of the employees covered by this MOU shall be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and thus, will not withhold federal or state income tax from said payments as permitted by IRS Code section 414(h)(2). For the purpose of reporting an employee's compensation to Ca1PERS, the City shall include these payments as if they were a part of the employee's base salary. 13.3 Ca1PERS Fourth Level of 1959 Survivors Benefits. The City will provide Ca1PERS fourth level of 1959 Survivors Benefit to all eligible employees in the unit. Employees pay the employee contribution for this benefit. 13.4 Ca1PERS Pre -Retirement Optional Settlement 2 Death Benefit. The City shall provide the Ca1PERS Pre -Retirement Optional Settlement 2 Death Benefit to all employees covered by this MOU. 13.5 Military Service Credit as Public Service. Employees may elect (per Government Code 21024) to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment. The employee must contribute an amount equal to the contribution for current and prior service that the employee and the employer would have made with respect to that period of service. City Council 47 44 — 52 12/20/2022 13.6 3% at 50 Service Retirement Benefit for Safety employ. The City contracts with CalPERS to provide Safety employees who do not qualify as "New Members" under PEPRA with the 3% at 50 Service Retirement benefit. All Safety employees who do not qualify as "New Members" under PEPRA shall pay twelve percent (12%) compensation earnable to pay for the employer portion of the City's CalPERS contribution. This payment shall be paid in accordance with Government Code Section 20516(f). If, at any time in the future, the Association informs the City that it no longer agrees to this cost sharing agreement, effective on the date of the elimination of the cost sharing (which would need to coincide with the expiration date of the MOU) these employees' base salary would be reduced by twelve percent (12%). Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions. 13.7 2.7% n, 57 Service Retirement Benefit for "New Member" Safety employ. The City agrees to provide Safety employees who are defined as "New Members" within the meaning of the California Public Employees' Pension Reform Act (PEPRA) of 2013 with the 2.7% @ 57 Service Retirement benefit. Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of their retirement, or some other 36 consecutive month period designated by the member. Employees covered under the 2.7% @ 57 retirement formula shall pay one half of the normal cost rate as established each year by CalPERS. Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions. 13.8 2.7% at 55 Service Retirement Benefit for Miscellaneous employ. The City contracts with CalPERS to provide Miscellaneous employees who do not qualify as "New Members" under PEPRA with the 2.7% at 55 Service Retirement benefit. The employee's contribution rate for Miscellaneous employees who do not qualify as "New Members" under PEPRA is eight (8%) percent compensation earnable. All employee contributions for retirement benefits are paid to the employer portion of the City's CalPERS contribution. This payment shall be paid in accordance with Government Code section 20516(f). If, at any time in the future, the Association informs the City that it no longer agrees to this cost sharing agreement, effective on the date of the elimination of the cost sharing (which would need to coincide with the expiration date of the MOU) these employees' base salary would be reduced by eight percent (8%). Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions. City Council 48 44 — 53 12/20/2022 13.9 2% k 62 Service Retirement Benefit for "New Member" Miscellaneous employ The City agrees to provide Miscellaneous employees covered by this MOU who are defined as "New Members" within the meaning of the California Public Employees' Pension Reform Act (PEPRA) of 2013 with the 2% @ 62 Service Retirement benefit Final compensation will be based on the highest annual average compensation eamable during the 36 consecutive months immediately preceding the effective date of their retirement, or some other 36 consecutive month period designated by the member. Employees covered under the 2% @ 62 retirement formula shall pay one half of the normal cost rate as established each year by CalPERS Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions. 13.10 Credit for Unused Sick Leave. All employees covered by this MOU can have unused accumulated sick leave at the time of retirement converted to additional service credit, pursuant to Government Code section 20965. The City must report only those hours of unused sick leave that were accrued by the employee during the normal course of employment. This section applies to members whose effective date of retirement is within four (4) months of separation from employment. 13.11 Uniform Allowance. With respect to Safety and Miscellaneous employees who do not qualify as "New Members" under the California Public Employees' Pension Reform Act (PEPRA), the City shall report to CalPERS the monetary value of uniforms and uniform maintenance for those employees required to wear uniforms. The monetary value (as of the first date of the MOU) by classification is listed in Exhibit B, entitled "Uniform Allowance by Classification." The amounts listed in Exhibit B may be adjusted (either upward or downward) as the cost of the uniforms and/or their maintenance changes. The value of the Uniform Allowance shall be determined by the City (based on the current cost of the uniforms and/or their maintenance at the time of the report to CalPERS) and will be reported to the California Public Employees' Retirement System (CalPERS) for retirement purposes only. Under CCR 571(a), Uniform allowance is defined as "Compensation paid or the monetary value for the purchase, rental and/or maintenance of required clothing, including clothing made from specially designed protective fabrics, which is a ready substitute for personal attire the employee would otherwise have to acquire and maintain. This excludes items that are solely for personal health and safety such as protective vests, pistols, bullets and safety shoes. City Council 49 44 — 54 12/20/2022 ARTICLE XIV 14.0 ASSOCIATION LEAVE The Association shall be provided with one thousand and forty hours (1040) hours of paid leave annually to be used by Association Board members, including the President, to conduct Association business. The 1040 hours are to be used for release from work. The 1040 hours cannot be used by an employee during an employee's off duty hours and then applied to work hours. These hours do not count as hours worked for overtime purposes. The 1040 hours must be tracked by use of a separate payroll code so that each time it is used it is specifically accounted for on the time sheet of the employee who uses it. Employees wishing to use this leave must seek approval from the Executive Director of Human Resources or designee at least 72 hours in advance and must receive approval to take the leave. Approval will be granted if reasonable notice is provided, however, the City reserves the right to rescind an approval if it believes there are significant operational reasons that require the employee to be at work or in cases of emergency. This Association Leave does not accrue. Each January 1st there will be 1040 hours to be used for the calendar year. If any of the 1040 hours are not used, they do not carry over to the next year. The POA President is responsible for keeping track of the hours used by the Association and will inform the Executive Director of Human Resources or designee each quarter of the hours used by the employees. In the first pay period of each calendar year, each member of the Association shall have two and one half (2.5) hours deducted from their vacation accrual to pay for this leave. City Council 50 44 — 55 12/20/2022 ARTICLE XV 15.0 RESIDENCY 15.1 At the discretion of the Police Chief, selected special duty assignments may be designated as rapid response assignments. In those instances, the Police Chief may apply specific requirements upon members assigned to those positions to live within a certain distance of City Hall. City Council 51 44 — 56 12/20/2022 ARTICLE XVI 16.0 DISCIPLINE 16.1 Pre -Disciplinary Procedure. If an employee is to be suspended, receive a reduction in pay, transferred for purposes of discipline, demoted, or discharged, the employee shall: 1. Receive written notice of the intended action at least ten (10) calendar days before the date it is intended to become effective, stating the specific grounds and the particular facts upon which the intended action is based. 2. Receive copies of any known materials, reports, transcripts, statements or other documents upon which the intended action is based upon. 3. Be accorded the right to respond to the intended charges in writing or in person with the Chief of Police within a reasonable period of time, not to exceed ten (10) days unless the Chief of Police authorizes a longer time. 5. Be given the written decision of the Chief of Police prior to the effective date of the disciplinary action. 16.2 DisciplinM Appeals Procedure. The following appeals procedures are adopted by the parties pursuant to Government Code § 3304.5 of the Public Safety Officers' Procedural Bill of Rights Act. 1. Punitive Action - The term "punitive action" means any action defined by Government Code § 3303, i.e., "any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment." 2. Formal Appeals Procedures — For Punitive Action Not Covered by the Informal Hearing Process a. Filing the appeal: If an employee desires to appeal a disciplinary action not covered by the informal process, they (or their representative) shall submit a written notice of appeal to the Executive Director of Human Resources or designee. A representative of the City shall contact either the employee or their identified representative within ten (10) calendar days of receipt of the notice of appeal to determine whether the parties can agree on an arbitrator to hear the appeal. If the parties cannot reach agreement on an arbitrator, the Executive Director of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall City Council 52 44 — 57 12/20/2022 strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. b. Hearing Process: During the hearing, the formal rules of evidence do not apply. The cost of the list of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly (50% and 50%) between the City and the Association. Once the arbitrator issues their advisory recommendation, the Executive Director of Human Resources or designee will submit the advisory recommendation to the City Manager. 1) The Arbitrator's Decision: The arbitrator shall issue their advisory recommendation within thirty (30) calendar days from the conclusion of the hearing. C. The City Manager's Role: Within thirty-five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send their final written decision to the parties. The City Manager may accept, reject, or modify the arbitrator's advisory recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the Chief of Police. The City Manager's decision shall be final and binding. In reaching their decision, the City Manager shall review the arbitrator's advisory recommendation and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitration. d. Right to File in Court: The employee has the right to appeal the City Manager's decision in accordance with California Code of Civil Procedure section 1094.6 that provides a ninety (90) day statute of limitations. 16.3 Informal Appeals Procedures. The Informal Appeals Procedure, as opposed to the formal procedures, will be used for written reprimands. a. Appeal to the Chief of Police 1) The appeal is an opportunity for the employee to present information and arguments why a punitive action should not occur or offer alternatives to the action. 2) Notice of Appeal: Within ten (10) calendar days of receipt by an employee of the written reprimand, the employee shall notify the Executive Director of Human Resources or Designee in writing that they intend to appeal the punitive action. The Executive Director of Human Resources or designee shall contact either the employee or their identified representative within ten (10) calendar days of receipt of the notice of appeal to schedule the appeal. City Council 53 44 — 58 12/20/2022 3) Hearing Officer: The Chief of Police shall act as the hearing officer. The meeting shall take place within twenty-one (21) calendar days of the date the employee filed the appeal or such other time as may be agreeable by the parties. b. Conduct of Meeting 1) The rules of privilege shall be observed. 2) The parties may present arguments through documents and/or oral statements. 3) Representation: The employee may be represented by an Association representative or attorney of their choice. C. Decision: After the meeting, a decision will be submitted in writing within thirty (30) calendar days and provided to the employee. The decision is final. The decision shall advise the employee that the time within which judicial review of the decision may be sought as governed by Code of Civil Procedure § 1094.5. City Council 54 44 — 59 12/20/2022 ARTICLE XVII 17.0 GRIEVANCE REVIEW PROCEDURE 17.1 Definition of Grievance. A grievance shall be defined as a timely complaint by an employee, a group of employees or the Association concerning the interpretation or application of specific provisions of this MOU. 17.2 Step 1. A. An employee or the Association must first attempt to resolve the grievance at Step 1 with the Executive Director of Human Resources or designee without undue delay, but in no case, beyond a period of ten (10) calendar days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. The parties can mutually agree to extend any deadlines in this section. B. The Executive Director of Human Resources or designee will respond to the grievance within fourteen (14) calendar days of receiving the grievance. C. Every effort shall be made to find an acceptable solution to the grievance at Step 1. D. If the grievant is not satisfied with the response from the Executive Director of Human Resources or designee, the grievant, within ten (10) calendar days of receiving the response must submit the grievance in writing to Step 2 (advisory arbitration) by emailing the Executive Director of Human Resources or designee. Should the grievant fail to file a written grievance at Step 2, within ten (10) calendar days after receiving the response at Step 1, the grievance shall be barred and waived. 17.3 Step 2. A. A representative of the City shall contact the grievant within ten (10) calendar days of receipt of the Step 2 grievance to determine whether the parties can agree on an arbitrator to hear it. If the parties cannot reach agreement on an arbitrator, the Executive Director of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. B. Hearing Process: During the hearing, the formal rules of evidence do not apply. The cost of the list of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly (50% and 50%) between the City and the Association. Once the arbitrator issues their advisory recommendation, the Executive Director of City Council 55 44 — 60 12/20/2022 Human Resources or Designee will submit the advisory recommendation to the City Manager. 1) The Arbitrator's Decision: The arbitrator shall issue their advisory recommendation within thirty (30) calendar days from the conclusion of the hearing. C. The City Manager's Role: Within thirty-five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send their final written decision to the parties. The City Manager may accept, reject, or modify the arbitrator's advisory recommendation or any part thereof. The City Manager's decision shall be final and binding. In reaching their decision, the City Manager shall review the arbitrator's advisory recommendation and the evidence, both documentary and testimonial, and arguments presented at the advisory arbitration. D. Right to File in Court: The employee has the right to appeal the City Manager's decision in accordance with California Code of Civil Procedure section 1094.6 that provides a ninety (90) day statute of limitations. 17.4 Alleged violations of City Rules, Regulations, and Policies If an employee, group of employees or the Association (grievant) believes there has been a violation, misapplication or misinterpretation of a City rule, regulation or policy, the grievant may, file a grievance within ten (10) calendar days of the alleged violation, misapplication or misinterpretation or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. The parties may mutually agree to extend the timeline to file a grievance per this section. Such a grievance should be filed with the Executive Director of Human Resources or designee. The grievant may request a meeting with either the Chief of Police or City Manager (depending on who made decision). The decision of Chief of Police or City Manager's shall be final. City Council 56 44 — 61 12/20/2022 ARTICLE XVIII 18.0 DUES DEDUCTION AND INDEMNIFICATION 18.1 Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all employees recognized to be represented by the Association, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose by the City. The City shall remit such funds to the Association within thirty (30) days following their deduction. 18.2 Indemnification. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits instituted by a member or members of the Association arising out of the deductions or transmittal or such funds to the Association, except the intentional failure of the City to transmit, to the Association, monies deducted from the employees pursuant to this Article. City Council 57 44 — 62 12/20/2022 ARTICLE XIX 19.0 CITY RIGHTS 19.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of Management, as they are not abridged by this MOU or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. C. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. D. To determine methods of financing. E. To determine types of equipment or technology to be used. F. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted. G. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. H. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. I. To relieve employees from duties for lack of work or similar non -disciplinary reason, subject to the provisions of the City Charter, Municipal Code, federal and state law and this MOU. J. To establish and modify productivity and performance programs and standards. K. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in the City Charter and Santa Ana Municipal Code. L. To determine job classifications and to reclassify employees as well as to determine minimum qualifications for entry level classifications.. M. To hire, transfer, promote, and demote employees for non -disciplinary reasons in City Council 58 44 — 63 12/20/2022 accordance with this MOU. N. To determine policies, procedures, and standards for selection, training, and promotion of employees. O. To establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. P. To maintain order and efficiency in its facilities and operations. Q. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this MOU. R. To take any and all necessary action to carry out the mission of the City. 19.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in the MOU. The City and Association agree that upon the expiration of this MOU and during the good faith negotiations for a subsequent contract, salary and benefits shall continue at the then current rate. City Council 59 44 — 64 12/20/2022 ARTICLE XX 20.0 STRIKES AND WORK STOPPAGES 20.1 Prohibited Conduct. A. The Association, its officers, agents, representatives, and/or members agree that during the term of this MOU, they will not cause or condone any unlawful strike, walkout, slowdown, sick-out or any other unlawful job action by withholding or refusing to perform services. B. Any employee who participates in any conduct prohibited in Subsection A above shall be subject to suspension, demotion or dismissal by the appointing authority. C. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Section 20.2, Association Responsibility, the City may suspend any and all rights and privileges, accorded to the Association in this MOU, including but not limited to suspension of the Grievance Review Procedure and dues deduction. 20.2 Association Responsibility. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 20.1A of this Article, Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they must immediately cease engaging in conduct prohibited in said Section 20.1A, and return to work. City Council 60 44 — 65 12/20/2022 ARTICLE XXI 2 1. 0 LAYOFFS 21.1 All layoffs within the competitive service occasioned by abolishment of a position, the combination of duties of two (2) or more positions, or the reduction in numbers of employees in a given class, shall be governed by seniority in the class. Reemployment shall be in reverse order of layoff. 21.2 Any promotional probationary employee laid off under these procedures who held permanent status in a lower class shall retain seniority rights in the previously held classification provided that it is still listed in the City's current basic classification and compensation plan. 21.3 Any permanent, full-time employee laid off under the above provisions may request a demotion to a position in a lower class provided they meets reasonably related qualifications required for placement in the class and the position is vacant. 21.4 In lieu of layoff, an employee may elect to work in a lower level classification, in which they has served, providing that classification is within the same job family/career ladder. In that event, the employee's length of service in the next lower classification will be added to their length of service in the affected classification, and said combined seniority shall be used to bump down into the next lower classification. This method of combining seniority shall be applied to subsequent lower classifications. 21.5 For positions that were advertised in the Police Department as "open and promotional" or "promotional only" which are open to Police Department employees only, there will be created a "job ladder" such that those employees in positions to be eliminated through layoff shall be entitled to return to the POA job classification in the Police Department from which they promoted, "bumping" any employee in that job class with less cumulative years of service in that job class than the bumping employee had in that job class prior to promotion. 21.6 Notice of Service. On request, a laid off employee shall receive a statement certifying that his/her services have been satisfactory. Layoff shall not be used in lieu of a disciplinary dismissal. City Council 61 44 — 66 12/20/2022 ARTICLE XXII 22.0 SOLE AND ENTIRE AGREEMENT 22.1 It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel rules and regulations or administrative codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with federal or state law or the City Charter. 22.2 The City will continue to administer its employee relations and its personnel policies and procedures in accordance with duly -adopted ordinances and resolutions, and the affected employees will continue to be governed thereby during the term of this MOU. City Council 62 44 — 67 12/20/2022 ARTICLE XXIII 23.0 SEPARABILITY PROVISION 23.1 Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to discuss the impact of the invalidation. City Council 63 44 — 68 12/20/2022 ARTICLE XXIV 24.0 TERM OF MOU 24.1 The term of this MOU shall be from January 1, 2022 through December 31, 2022. City Council 64 44 — 69 12/20/2022 CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: By: MAYOR Dated: By: CITY MANAGER Dated: By: EXECUTIVE DIRECTOR OF HUMAN RESOURCES ATTEST: ACTING CLERK OF THE COUNCIL APPROVED AS TO FORM: Peter J. Brown Liebert Cassidy Whitmore LEGAL COUNSEL FOR CITY OF SANTA ANA City Council 65 44 — 70 12/20/2022 EXHIBIT A BASIC SALARY AND WAGE SCHEDULE 0 1 2 3 4 5 6 7 8 9 41 1542 1549 1557 1565 1573 1580 1588 1596 1604 1612 42 1619 1627 1635 1643 1651 1659 1668 1676 1684 1693 43 1700 1708 1717 1725 1734 1742 1751 1760 1769 1778 44 1785 1793 1802 1811 1820 1830 1839 1848 1857 1866 45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960 46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058 47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160 48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268 49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381 50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500 51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626 52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758 53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896 54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040 55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192 56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352 57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519 58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695 59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880 60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074 61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278 62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493 63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718 64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954 65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201 66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461 67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734 68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021 69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322 70 11sI 611RA h1115 hddF 1;a7R F51n h5a? 657d rlW6 FF'IR City Council 66 44 — 71 12/20/2022 71 6670 6702 6735 6768 6801 6835 6869 6903 6937 6971 72 7005 7039 7073 7107 7141 7176 7211 7247 7283 7319 73 7355 7391 7427 7463 7499 7535 7571 7609 7647 7685 74 7723 7761 7799 7837 7875 7913 7951 7989 8029 8069 75 8109 8149 8189 8229 8269 8309 8349 8389 8431 8473 76 8515 8557 8599 8641 8683 8725 8767 8809 8853 8897 77 8941 8985 9029 9073 9117 9161 9205 9250 9296 9342 78 9388 9434 9482 9529 9577 9625 9673 9721 9770 9819 79 9857 9906 9955 10005 10055 10105 10156 10207 10258 10309 80 10350 10401 10453 10506 10558 10611 10664 10717 10771 10825 81 10868 10922 10976 11031 11086 11142 11198 11254 11310 11366 82 11411 11468 11525 11583 11640 11699 11757 11816 11875 11934 83 11982 12041 12102 12162 12223 12284 12345 12407 12469 12532 84 12581 12643 12707 12770 12834 12898 12963 13027 13093 13158 85 13210 13275 13342 13409 13476 13543 13611 13678 13748 13816 86 13871 13939 14009 14079 14150 14220 14292 14362 14435 14507 87 14565 14636 14709 14783 14858 14931 15007 15080 15157 15232 88 15293 15368 15444 15522 15601 15678 15757 15834 15915 15994 City Council 67 44 — 72 12/20/2022 EXHIBIT B UNIFORM ALLOWANCE BY CLASSIFICATION Job Title Rounded to .10 POA-NS Animal Services Officer I $ 27.50 POA-NS Animal Services Officer II $ 27.50 POA-NS Communications Services Officer $ 28.40 POA-NS Correctional Officer $ 27.50 POA-NS Correctional Supervisor $ 27.50 POA-NS Forensic Specialist I $ 27.50 POA-NS Forensic Specialist II $ 27.50 POA-NS Forensic Specialist Supervisor $ 27.50 POA-NS Parking Control Officer $ 27.50 POA-NS Police Communications Supervisor $ 27.50 POA-NS Police Community Services Specialist $ 27.50 POA-NS Police Evidence & Supply Specialist $ 27.50 POA-NS Police Evidence & Supply Supervisor $ 27.50 POA-NS Police Investigative Specialist $ 27.50 POA- SWORN Police Officer $ 27.50 POA- SWORN Police Officer (with Motor Officer Premium $ 38.60 POA-NS Police Property & Evidence Supervisor $ 28.40 POA-NS Police Recruit $ 27.50 POA- SWORN Police Sergeant $ 27.50 POA- SWORN Police Sergeant (with Motor Officer Premium $ 38.60 POA-NS Police Service Officer $ 27.50 POA-NS Police Services Dispatcher $ 28.40 POA-NS Senior Parking Control Officer $ 27.50 POA-NS Traffic Services Specialist $ 27.50 City Council 68 44 — 73 12/20/2022