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Agenda Packet_2023-03-21
City Council Meeting Packet (Revised 3/15/2023) March 21, 2023 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 Mayor Pro Tern - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Benjamin Vazquez Councilmember - Ward 2 Phil Bacerra Councilmember - 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 City Attorney City Manager Jennifer Hall City Clerk In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact 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 3/21/2023 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 3/21/2023 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 City Clerk, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 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 2:00 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 3/21/2023 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 3:30 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 dialing *9 or raising hand, by 6:00 p.m. will not be permitted to speak. TRANSLATION SERVICES - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish -to -English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretacion al espanol en las juntas del Concilio. La interpretacion simultanea al espanol se ofrece por medio del use de audifonos y la interpretacion consecutiva (espanol a ingles) tambien esta disponible para cualquiera que desee dirigirse al concilio municipal en el podio. 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 3/21/2023 SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall PUBLIC COMMENTS — Members of the public may address the City Council on 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: 1. 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 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. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. ADJOURNMENT — Adjourn the Special Closed Session meeting. City Council 5 3/21/2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROLL CALL PLEDGE OF ALLEGIANCE WORDS OF INSPIRATION CEREMONIAL PRESENTATIONS Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer Hall Mayor Amezcua Police Chaplain Rupert Vega 1. Certificate of Recognition presented by Mayor Pro Tern Lopez to Rachael Cianfrani for Outstanding Contributions to the Community 2. Certificate of Recognition presented by Councilmember Bacerra to Orange County Fire Authority Firefighter/Paramedic Nicholas Sibayan for Outstanding Acts of Heroism 3. Proclamation presented by Councilmember Hernandez declaring March 3, 2023 as Ruben Salazar Day STAFF PRESENTATIONS 4. A. Annual Presentation from Travel Santa Ana (Revised 3/15/2023) B. Homelessness Update 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 City Council 6 3/21/2023 RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 22. 5. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 6. Appoint Michelle Cisneros nominated by Councilmember Phan as the Ward 1 Representative to the Personnel Board for a partial -term expiring December 10, 2024 Department(s): City Clerk's Office Recommended Action: Appoint Michelle Cisneros to the Personnel Board as the Ward 1 representative and administer Oath of Office. 7. Receive and File a Report Regarding the Brown Act and Teleconferencing Provisions Department(s): Clerk of the Council Office Recommended Action: Receive and file a report regarding the Brown Act and teleconferencing provisions (informational purposes). 8. City of Santa Ana 2022 General Plan Annual Progress Report Department(s): Planning and Building Agency Recommended Action: 1. Receive and file the City of Santa Ana 2022 General Plan Annual Progress Report. 2. Authorize staff to submit the City of Santa Ana 2022 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR). 3. Direct staff to proceed with the formation of the Environmental Justice (EJ) Action Committee; and determine this action is exempt from further environmental review in accordance with the California Environmental Quality Act (CEQA) as it is not a "project" as defined in Section 15378 of the CEQA Guidelines. 9. Annual Development Impact Fee Report for Fiscal Year 2021-2022 Department(s): Public Works Agency Recommended Action: Receive and file the Annual Development Impact Fee Report for Fiscal Year 2021-2022. 10. Award Aggregate Blanket Order Contracts to Promotethis!, Graphic Printsource, Inc., Superior Promos, and QCORP Printing Solutions for Promotional Items in a Not -to - Exceed Aggregate Amount of $975,000 (Specification No. 23-024) (General Fund City Council 7 3/21/2023 and Non -General Fund) Department(s): Finance and Management Services Recommended Action: Award aggregate blanket order contracts to vendors listed below for the purchase of promotional items on an as -needed basis in an annual amount not to exceed $195,000, with a total aggregate contract amount not to exceed $975,000, for an initial one-year term expiring on March 31, 2024, with provisions for four, one-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. Graphic Printsource, Inc., Corona, CA Promotethis!, Huntington Beach, CA QCORP Printing Solutions, Loomis, CA Superior Promos, Brooklyn, NY 11. Award a Purchase Order to Sonsray Machinery, LLC in the amount of $51,681 for One Felling Custom Saw Trailer for the Public Works Water Resources Division (Specification No. 23-031) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of Purchase Order to Sonsray Machinery, LLC. for one Felling Custom Saw Trailer, in the amount of $46,681, plus a contingency amount of $5,000, for a total amount not to exceed $51,681, subject to non -substantive changes approved by the City Manager and City Attorney. 12. Award a Purchase Order to FieldTurf USA to provide and install Synthetic Turf at Field Nos. 1 and 3 at the Dan Young Sports Complex at Centennial Park in the amount of $2,970,859 (Specification No. 23-035) (Project 22-2766) (Non -General Fund)) Department(s): Public Works Agency Recommended Action: 1. Authorize a one-time purchase and payment to FieldTurf USA to provide and install synthetic turf field at the Dan Young Sports Complex in the amount of $2,675,859, plus a contingency of $295,000 for a total amount not to exceed $2,970,859, 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 to include $1,502,229 in funding for the Dan Young Synthetic Turf Fields Project (Project No. 22-2752). 13. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Fairview Avenue Improvements from 9th Street to 16th Street and Fairview Street Improvements from Monte Carlo Drive to Trask Avenue (Project Nos. 15-6827 and 23-6701) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the Public Works Agency to request a two-year City Council 8 3/21/2023 time extension of Measure M2 Comprehensive Transportation Funding Program funding for Fairview Avenue Improvements from 9th Street to 16th Street project (21- SNTA-ACE-3996) and for Fairview Street Improvements from Monte Carlo Drive to Trask Avenue (22-SNTA-ACE-4020). 14. Approve an Amendment to the Project Cost Analysis to add $343,000 to an Existing Construction Contract with Big Ben, Inc. for a Revised Estimated Project Delivery Cost of $2,343,000, for the Lincoln Avenue Water and Sewer Main Improvements Project (Project Nos. 22-6468 and 22-6620) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve an amendment to the Project Cost Analysis to reflect the new amount of $571,235 for project contingency for unanticipated or unforeseen work, for a total construction delivery cost of $2,343,000, subject to non - substantive changes approved by the City Manager and City Attorney. 15. Approve Appropriation Adjustments and Award a Construction Contract to GMZ Engineering, Inc. in the amount of $4,642,644 for the Downtown Flood Reduction and Stormwater Infiltration Project with an Estimated Construction Delivery Cost of $5,640,000 (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize an additional $1.25 million in Proposition 68 Urban Flood Protection (UFP) grant funding from the California Natural Resources Agency into the Public Works Agency Enterprise Capital Grants, Direct Revenue Account and appropriate the same amount into the California Natural Resources Agency Urban Flood Protection, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $900,000 of prior year fund balance in the Federal Clean Water Protection fund, Prior Year Carryforward revenue account and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to add $1.25 million of Proposition 68 Urban Flood Protection Grant Program funding and $900,000 of Federal Clean Water Protection Enterprise funding for the Downtown Flood Reduction and Stormwater Infiltration Project (22-6622). 4. Award a construction contract to GMZ Engineering Inc., the lowest responsible bidder, in accordance with the base bid plus bid alternate in the amount of $4,642,644, for construction of the Downtown Flood Reduction and Stormwater Infiltration Project, for the term beginning March 21, 2023 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 $5,640,000, which includes $4,642,644 for the construction contract, $552,356 for contract administration, inspection and testing, and a $445,000 project contingency City Council 9 3/21/2023 for unanticipated or unforeseen work. (includes determination that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act (CEQA) as Categorical Exemption Environmental Review No. ER-2022-95 was filed for the project) 16. Approve Agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc. for On - Call Environmental Services in aggregate amounts not to exceed $2,450,000, for up to five-year terms (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc., to provide On -Call Environmental Services on as needed basis: federal contract in an aggregate amount not to exceed $950,000 for a three-year term beginning March 21, 2023 and expiring March 20, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 2. Authorize the City Manager to execute agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc, to provide On -Call Environmental Services on as needed basis: non-federal contract aggregate amount not to exceed $1,500,000 for a three- year term beginning March 21, 2023 and expiring March 20, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 17. Approve an Agreement with Dunbar Architecture for Architectural Design Services for the Historic Cypress Fire Station in an Amount Not to Exceed $434,880 for a Five - Year Term (Project No. 22-6023) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Dunbar Architecture to develop plans, specifications, final construction documents, and construction support for the rehabilitation of the Historic Cypress Fire Station in the amount of $394,880 with a contingency of $40,000, for a total amount not to exceed $434,880, for a five-year term beginning March 21, 2023 and expiring March 20, 2028, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023- XXX). 18. Agreement to Extend License with Southern California Edison Company for the Bristol/Alton Bike Trail (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a License Agreement (Contract No. 9.5074) with Southern California Edison Company to continue the use of Edison property for the Bristol Street and Alton Avenue Bike Trail for a term from May 1, 2023 through April 30, 2028 in an amount not to exceed $1,587, subject to non -substantive changes approved by the City Manager and City City Council 10 3/21/2023 Attorney (Agreement No. 2023-XXX). 19. Approve Second Amendment to Master Service and Purchasing Agreement with Axon Enterprise, Inc., in the amount of $451,000, for a Records Management System for the Police Department (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the Second Amendment to the Agreement with Axon Enterprise, Inc. to provide a Records Management System to the Police Department in an additional amount not to exceed $451,000 for a total aggregate amount not to exceed $6,015,017, for the period of March 21, 2023 through June 30, 2027, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 20. Second Amendment to Professional Services Agreement with Holland & Knight LLP for Federal Legislative Advocacy Services Department(s): City Manager Office Recommended Action: Approve a second amendment to an agreement with Holland & Knight LLP for federal legislative advocacy services for a three-month term from April 1, 2023 through June 30, 2023, in an amount not to exceed $29,400, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 21. Historic Property Preservation Agreements Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act Agreements with the below -referenced property owners for the identified structure(s), subject to non -substantive changes approved by the City Manager and City Attorney. (includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemptions will be filed for this project: ER Nos. 2022-102, 2022-103, 2022-104, 2022-105, 2022-106, 2022-125, and 2022- 126) Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by H RC 1. Jim Perez, 2022-12, 2218 N. Ross Street, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX) 2. Carolyn Almquist, 2022-18, 2003 N. Victoria Drive, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX) 3. Liennette Chung representing Wild Orchid Investments LLC, 2022-19, 313 N. Birch Street, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX) 4. Andrew Chu, 2022-21, 501 E. Washington Avenue, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX) City Council 11 3/21/2023 5. Scott and Lisa Michaelis, 2022-22, 2123 N. Freeman, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-XXX) 6. Eric Neigher and Jennifer Nguyen, 2022-23, 1915 N. Flower Street, 8:0:0:1 (Mark McLoughlin Absent) (Agreement No. 2023-XXX) 7. Matthew L. and Robert D. Hale, 2022-24, 947 W. Buffalo Ave, 8:0:0:1 (Mark McLoughlin Absent) (Agreement No. 2023-XXX) 22. Appoint Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a Full -Term Expiring December 10, 2024 (Revised 3/15/2023) Department(s): City Clerk's Office Recommended Action: Appoint Fernando Delgado to the Police Oversight Commission as the Ward 5 representative and administer Oath of Office. **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 23. Councilmember-Requested Item Policy Informational Report Department(s): City Manager Office Recommended Action: Accept informational report and provide direction to staff. 24. Fiscal Year 2022-23 Mid -Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes Department(s): Finance and Management Services Recommended Action: 1. Receive and file the FY 2022-23 Mid -Year Budget Update, including an update for the Revive Santa Ana Spending Plan. 2. Approve the recommended Appropriation Adjustments. (Requires five affirmative votes) 3. Adopt a Resolution No. 2023-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. 4. Adopt a Resolution No. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2022- 2023 ANNUAL BUDGET TO ADD AND DELETE FULL-TIME POSITIONS IN THE LIBRARY DEPARTMENT, PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT, PLANNING AND BUILDING DEPARTMENT, AND PUBLIC WORKS IQ0LT_1:AILTA I21101M City Council 12 3/21/2023 **END OF BUSINESS CALENDAR** CITY MANAGER COMMENTS 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. ADJOURNMENT — Adjourn the City Council meeting. Future Items 1. Sunshine Ordinance — Work Study Session City Council 13 3/21/2023 MAYOR Valerie Amezcua MAYOR PRO TEM Jessie Lopez COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez CITY OF SANTA ANA CITY CLERK'S OFFICE 20 Civic Center Plaza a P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.orc NOTICE OF SPECIAL MEETING CITY COUNCIL To: Valerie Amezcua, Mayor Jessie Lopez, Mayor Pro Tem, Ward 3 Phil Bacerra, Councilmember, Ward 4 Johnathan Ryan Hernandez, Councilmember, Ward 5 David Penaloza, Councilmember, Ward 6 Thai Viet Phan, Councilmember, Ward 1 Benjamin Vazquez, Councilmember, Ward 2 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall Kristine Ridge, City Manager Sonia R. Carvalho, City Attorney Orange County Register Los Angeles Times NOTICE IS HEREBY GIVEN that on March 21, 2023 at 4:00 P.M., the Santa Ana City Council will hold a Special Closed Session Meeting for the purpose of addressing the following item: 1. 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 Jennif . H , CMC y Clerk Dated: March 14, 2023 SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Bacerra Johnathan Ryan Hemandez David Penaloza Mayor Mayor Pro Tem, Ward 3 Ward 1 Ward 2 Ward 4 Ward 5 Ward 6 vamezcua@santa-nna.om inssielooezosanta-ana.arg tphanfasanta-ana.org bvazouezciisanta-ana_org pbacerraOssnta-ana.om Irvanhemande&.sama-ana.oM dDenalezaii,org City Clerk's Office _ www.santa-ana.org/departments/city-clerks-office/ Item # 7 o`'r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Brown Act Teleconferencing Provisions AGENDA TITLE Receive and File a Report Regarding the Brown Act and Teleconferencing Provisions RECOMMENDED ACTION Receive and file a report regarding the Brown Act and teleconferencing provisions (informational purposes). DISCUSSION Governor Newsom ended the declared State of Emergency related to COVID-19 effective February 28, 2023. Accordingly, AB 361 will no longer be available. While this effectively ends the current manner in which teleconferencing has been conducted, teleconferencing is still authorized under the Ralph M. Brown Act (Government Code §54950 et seq.) under the following provisions: General Brown Act Provisions (traditional/pre-pandemic) - A quorum of the City Council must meet from locations within the City of Santa Ana city limits. - Each teleconference location (physical address) must be identified on the agenda and the agenda must be posted at each location seven (7) days prior to the scheduled meeting in accordance with Santa Ana Municipal Code §2-150 of Article 11.1. - The public must be afforded access to each teleconference location and be afforded the opportunity to address City Council at each locations. AB 2449 Just Cause / Emeraencv Provisions (effective throuah January 1. 2026 - A quorum of the City Council must meet in -person at one physical location open to the public (i.e., Council Chamber) and clearly identified on the agenda. - A member of the City Council shall only participate in the meeting remotely if one the following circumstances applies: City Council 7-1 3/21/2023 Brown Act Teleconferencing Provisions March 21, 2023 Page 2 o The Councilmember needs to participate remotely for "Just Cause": childcare or caregiving need, contagious illness, physical/mental disability not otherwise accommodated, travel on official City business. ■ May only be used two times per calendar year. ■ Member must notify body at earliest opportunity possible, include at the start of a regular meeting, and provide a general description of the need to participate remotely. o The Councilmember requests that the City Council allow the member to participate remotely due to "Emergency Circumstances": physical/family medical emergency. ■ Requires a separate request to the legislative body each time with general description of circumstances.' ■ If the request does not allow sufficient time to place the proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting to place the item on the agenda in accordance with Government Code §54954.2(b)(4). ■ Approval requires a majority vote. - When appearing remotely, the teleconferencing member must: o Disclose, before any action is taken, whether any other individuals 18 years of age or older are present with the member, along with the general nature of their relationship. o Participate through both audio and visual technology. - Does not require teleconferencing location to be included on the agenda but the public must be given notice of the means by which they can access the meeting and offer public comment. - The City cannot require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the City Council and provide comment in real time. - Members of the City Council cannot teleconference under these provisions more than three consecutive months or 20% of regular meetings in the calendar year (4 meetings).2 - The legislative body shall provide at least one of the following means by which the public may remotely hear and visually observe the meeting and remotely address the legislative body: o A two-way audiovisual platform o A two-way telephonic service and a live webcasting of the meeting. - In the event of a disruption that prevents broadcast of the meeting or public participation, no action shall be taken on any items on the agenda until public access to the meeting is restored. 1 A general description generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law. 2 For Boards and Commissions that meet less than 10 times in a calendar year, the just cause/emergency circumstances provision can only be utilized twice per calendar year. City Council 7-2 3/21/2023 Brown Act Teleconferencing Provisions March 21, 2023 Page 3 The agenda must include procedures for receiving and swiftly resolving requests for reasonable accommodations for individuals with disabilities, consistent with applicable civil rights and nondiscrimination laws. Such provisions apply to all aspects of a meeting including Closed Session, Regular Session, Work Study Sessions, and Public Hearings. These provisions also apply to all other legislative bodies of the City of Santa Ana created by the City Council or created through its City Charter (Boards, Commissions, and Committees). FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Jennifer Hall, City Clerk Approved By: Kristine Ridge, City Manager City Council 7-3 3/21/2023 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: 2022 General Plan Annual Progress Report AGENDA TITLE City of Santa Ana 2022 General Plan Annual Progress Report RECOMMENDED ACTION 1. Receive and file the City of Santa Ana 2022 General Plan Annual Progress Report. 2. Authorize staff to submit the City of Santa Ana 2022 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR). 3. Direct staff to proceed with the formation of the Environmental Justice (EJ) Action Committee. DISCUSSION Government Code Section 65400 requires local planning agencies to submit an annual progress report on the status of the General Plan and progress in its implementation to the local legislative body. The progress report is submitted to State of California Department of Housing and Community Development (HCD) and Office of Planning and Research (OPR) annually. The General Plan is a state -mandated document which plans the framework for the City of Santa Ana's physical, social, and economic development into the future. The 2022 General Plan Annual Progress Report documents and discusses the progress towards the overall implementation of the various adopted elements of the General Plan during the calendar year. This is the first General Plan Annual Progress Report prepared under the new General Plan. The report includes highlights of major accomplishments and a table detailing the work completed by various City agencies toward completing the implementation actions across all General Plan elements in 2022 (Exhibit 1). Housing Element As required by HCD, the Housing Element portion of the progress report includes detailed accounting of all housing projects submitted, reviewed, entitled, and City Council 8-1 3/21/2023 2022 General Plan Annual Progress Report March 21, 2023 Page 2 constructed in the City of Santa Ana in 2022, in addition to the status of the implementation actions and programs to achieve the City's housing vision in the state mandated form. The Housing Element portion of the report also measures the City's progress to meet state -mandated housing goals as set forth in our Regional Housing Needs Allocation (RHNA) for the 61" cycle planning period (2021-2029). Through a process referred to as "RHNA," each jurisdiction is given a target for how many permits to issue in four housing income categories; ranging from very —low income (affordable to those who earn 50 percent or less of the Area Median Income [AMI]), to above moderate income (more than 120 percent of AMI). Based on the income limits published by State HCD in May of 2022, the Area Median Income for Orange County is $119,100. The Housing Element portion of the report includes a summary of Santa Ana's progress in meeting its share of the RHNA allocation for the 6t" cycle. There were a total of 901 building permits issued for new housing units in 2022; of which 191 housing units are affordable to very low-income and 102 to low-income households, respectively. With the issuance of these permits, the City has issued 1,635 building permits toward its 3,137 RHNA. Progress Towards 2021-2029 RHNA Goal (New Housing Units by Category and Year) Total Total Units % of RHNA Income RHNA 2021 2022 2023 2024 2025 2026 2027 2028 2029 Units Remaining Completed Very 606 41 191 232 374 38% Low Low 362 43 102 145 217 40% Mod. 545 11 41 52 493 10% Above 1,624 639 567 1,206 418 74% Mod. Total: 3,137 734 901 1,635 1,502 52% Based on building permits issued. EJ Action Committee Senate Bill 1000 requires all cities and counties to update public policies to address environmental justice. As part of the City's General Plan Update, a set of environmental justice (EJ) implementation policies and actions have been established to respond to the health and wellbeing of the City, including the 33 neighborhoods that fall within an EJ disadvantaged community where residents have the highest risk of exposure to pollution in the air, water, and soil and where they tend to be burdened by socioeconomic and health issues, such as higher rates of language barriers, poverty, and asthma. City Council 8-2 3/21/2023 2022 General Plan Annual Progress Report March 21, 2023 Page 3 In July 2022, the City established an EJ section in the Planning Division and Santa Ana's EJ disadvantaged communities. As such, the Neighborhood Initiatives Program changed its name and focus to the Neighborhood Initiatives and Environmental Resources to expand its programs and align with the City's EJ actions identified in the new General Plan. In October 2022, the Planning Division hired a dedicated staff person to develop the EJ section's focus, including the development of an EJ implementation framework that addresses environmental resources, education, and support inclusive and equitable public engagement for residents in EJ neighborhoods. A next milestone with the new EJ section is the proposed framework for the process and formation of an EJ Action Committee. This organization structure would comprise of residents from geographic clusters of EJ neighborhoods to begin a process of area representation and engagement to identify, prioritize, recommend, and include the larger community of EJ neighborhoods on current and future EJ policy implementation. To form the initial Action Committee, staff is developing an application that would be made available throughout the City through the Neighborhood Associations, as well as at libraries and community and senior centers, to encourage those from identified disadvantaged communities to apply for consideration. The goal of the Action Committee formation is to begin the engagement process and guidance needed with the opportunity to reshape and strengthen the structure to maximize participation and influence in the EJ policy implementation actions and timeframes. Staff is proposing five geographic clusters, where each cluster encompasses a set of unique challenges affecting the neighborhoods within each cluster. These include the following: • The Northeast cluster, which brings together EJ neighborhoods connected to the East First Street corridor in proximity to high -volume of heavy vehicle transportation corridors and the 5 Interstate Freeway • The Southeast cluster, which connects EJ neighborhoods affected by the concentration of industrial businesses on the Standard and Grand Avenue corridors and by the South Basin groundwater plume, a long-range and long-term process for removing contamination in the groundwater shallow aquifer • The Southwest cluster, near heavy industrial areas of the southwestern portion of the City concentrated along Harbor Boulevard and Fairview Street • The Central cluster, in an around the central portion of the City, which contains neighborhoods often adjacent to older industrial areas that were served by old rail spurs • The West cluster, including the Willowick site and Santa Anita neighborhood A framework and accompanying maps of the five clusters detailed above are provided as Exhibit 2 to this report. City Council 8-3 3/21/2023 2022 General Plan Annual Progress Report March 21, 2023 Page 4 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), this action is not considered a "project" as defined in Section 15378 of the CEQA Guideline and therefore is exempt from further environmental review. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. 2022 General Plan Annual Progress Report and Attachments 2. Environmental Justice Action Committee Framework and Maps Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 8-4 3/21/2023 "i1$ pal 1 All tip• General Plan Annual Progress Report r f Santa Ana is a city that promotes the health and wellness of all residents, with a civic culture that actively embraces the power of diversity. Our city invests in resources that create economic opportunities for the next generation, and it is a community that celebrates our past while working together to create a sustainable future. City Council 8-6 »Above: General Pla5WIJ 941ent. Table of Contents GeneralPlan Overview....................................................................1 Golden City Beyond: A Shared Vision..................................................1 General Plan Annual Progress Report.................................................1 Implementation Highlight Section.......................................................2 Housing Element Update..............................................................3 Land Use Focus Areas.................................................................5 Housing Production.....................................................................8 Environmental Justice................................................................13 Multimodal Mobility....................................................................16 Local Business.........................................................................18 Planningfor Parks.....................................................................20 General Plan Implementation Action Table..........................Attachment A Housing Element Annual Progress Report Tables .................Attachment B City Council 8-7 3/21/2023 General Plan Overview The Santa Ana General Plan provides long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the city through 2045. Informed by a comprehensive public engagement process, the General Plan establishes a shared vision of the community's aspirations to remain and thrive as the world -class capital of Orange County that celebrates diversity, neighborhoods, and cultural heritage. widen cat, Beyond: A Shared Vision The Golden City Beyond General Plan was approved by the City Council in April of 2022. The General Plan consists of a vision statement, five core values, and 12 elements divided into three volumes. Each element contains a set of goals and policies, which are underpinned by five "Core Values." The Core Values were collectively created through the community engagement phase of the General Plan Update and reflect the community's highest priorities and guiding principles. They are: Health, Equity, Sustainability, Culture, and Education. Each element also contains an implementation section that provides a list, organized by goal, of the actions to take place in the next one to five years to make progress toward achieving the plan's vision. These implementation actions provide the basis for establishing priorities, scheduling, and assigning staff and other resources. Implementation actions also identify the responsible agency for implementing the action item and when it should be carried out. Implementation is often contingent upon available resources and funding. While many actions can be pursued through initiatives already underway, others will require additional resources. As such, the exact mix and timing of programs the City may pursue during a given calendar year will in part be opportunity driven, dependent on the availability of funding, staffing, and other necessary resources. State law enacted through Senate Bill 1000 (2016) requires all cities and counties to update public policies to address environmental justice (EJ). The City addressed SB 1000 requirements in the General Plan through an "environmental justice in all policies" approach instead of a stand-alone element to ensure the topic is present alongside the multitude of issues and topics that affect Santa Ana communities. General Plan Annual Progress Report General Plan Land Use Element Implementation Action 2.2 requires the Planning and Building Agency prepare a General Plan Annual Progress Report for the City Council each year. Additionally, Government Code Section 65400 requires local planning agencies to submit an annual progress report on the status of the General Plan and progress in its implementation to the local legislative body. The progress report is then submitted to the State of California Department of Housing and Community Development (HCD) and to the Office of Planning and Research (OPR) annually. The following pages provide highlights of major accomplishments during the 2022 reporting period as well as summaries of work completed toward the entirety of implementation actions across the General Plan (Attachment A). The Housing Element Annual Progress Report is prepared as a separate document (Attachment B) and contains the state mandated content and presented in the state mandated format. 1 City Council 8-8 3/21/2023 City Council 8 — 10 3/21/2023 General Plan Housing Element The State of California Government Code Section 65302(c) mandates that each city include a housing element in their general plan. The Housing Element is required to identify and analyze existing and projected housing needs, and include statements of the City's goals, policies, quantified objectives, and programs for the preservation, improvement, and development of housing for all income levels over an eight (8) year planning period. R1Housing Element Update The Housing Element differs from other General Plan elements in two aspects: it must be updated every eight years and must be reviewed and certified by the California Department of Housing and Community Development (HCD) to ensure compliance with state housing law. Additionally, a non -compliant housing element could result in the loss of eligibility for grant funds and state funding sources, penalties, and reduced or loss of local zoning control. The 51h Cycle Housing Element planning period came to an end October 2021, meaning the City had to update its Housing Element for the 6th Cycle planning period, which spans 2021 to 2029 (October 15, 2021 - October 15, 2029), to remain in compliance with state law and be eligible for grant funding. City staff immediately undertook the update effort mid-2021 after receiving the final regional housing needs allocation (RHNA) from the Southern California Association of Governments (SCAG) in April 2021, starting with a robust community engagement process that included four virtual roundtable meetings, three citywide workshops (two in - person and one virtual), and 11 environmental justice focused workshops (10 virtual and one in -person). In addition, two Planning Commission Workshops were held, where members of the public were encouraged to attend and participate. Further, a multilingual (English, Spanish, and Vietnamese) online housing survey was promoted to provide additional participation opportunities. In July 2022, the Santa Ana City Council voted to approve and adopt the updated Housing Element and authorized staff to submit the element to HCD for review. 10 Certified Housing Element City staff continued to working with HCD reviewers to make final refinements before receiving a certification letter on September 16, 2022. At the time of certification, Santa Ana was one of seven municipalities in the Orange County with an adopted and certified Housing Element. »Left: Flyer used to advertise Housing Element event. Community M. engagement opportunities were advertised in English, Spanish, and �,,,.,. �.�__._................. ._._..- Vietnamese. 4 City Council 8 —11 3/21/2023 -ram •'� •. �� � _ 1 Y _ • ■ _ � IMPLEMENTATION ACTIONS Land Use Focus Areas ��WA% mmmmmml-%--M City Council 8 — 12 r �m2v 3/21 /2023 Ci — -rn =rr s a, --a ■ E W-W 6= b: x-W 3K N', Land Use Plan The development, use, and distribution of land are critical to achieving the city's vision and adhering to its core values. The City must plan for uses and development that create a sustainable, healthy, and livable city; ensure equitable outcomes and land use distributions; protect and enhance our cultural and community assets; and provide opportunities for growth and prosperity. Land is a finite and valuable resource, especially in Santa Ana; its use dictates the city's economic and fiscal future. Overarching Growth Strategy The City's growth strategy documented in the General Plan concentrates new growth opportunities into key parts of the city while maintaining and enhancing its existing neighborhoods, employment centers, and intact industrial centers. The General Plan identifies five Focus Areas suitable for new growth and development. They are as follows: • South Main Street • Grand Avenue/17th Street • West Santa Ana Boulevard • 55 Freeway/Dyer Road • South Bristol Street The focus areas are geographically distributed throughout the city, and each allows Santa Ana to meet its diverse needs in different ways. The purpose and intent, specific objectives, and custom land uses types of urban development, reimagine these areas, realize the community's vision, and further embody Santa Ana's core values. South Bristol Street Focus Area The South Bristol Street Focus Area represents Santa Ana's southern gateway and is a part of the successful South Coast Metro area. Between Sunflower and Alton Avenues, the General Plan land use designations will create opportunities to transform auto - oriented shopping plazas to walkable, bike -friendly, and transit -friendly urban villages that incorporate a mix of high intensity office and residential living with experiential commercial uses. 1^ »Above: Excerpts from the General Plan Land Use element. Left to right: location of the five focus areas; purpose and intent as well as envisioned character of the South Bristol Street Focus area; and land use map for the focus area. City Council 6 8 — 13 3/21/2023 2 Related Bristol Specific Plan In August 2022, the Related Company submitted an application for a specific plan within the South Bristol Street Focus Area. Related are proposing a specific plan for a 41-acre site to allow up to 3,750 residential units, up to 350,000 square feet of commercial space, 250 hotel rooms, and 200 senior care units, as well as 6,520 onsite parking spaces, and 13.1 acres of onsite open space. The proposed plan draws inspiration from walkable communities worldwide while incorporating design elements that draw from the local context within Orange County. The plan capitalizes on the location of the site at the southern gateway to the City of Santa Ana and aims to create an activity hub that will bring housing, jobs, retail and shopping opportunities, visitors, community amenities, and activity to this part of the City. While this project is one of the first steps in realizing the vision for the South Bristol Street Focus Area established in the General Plan, it represents, if approved and developed, one of the single largest investments in the City that is of scale and vision to completely transform the corridor from an auto -oriented collection of commercial centers into a walkable, activity hub that drives housing, shopping, and recreational opportunities. h� =-e .d of »Above: Top: Photos of the Sunshine meeting for the project. Bottom: 3D model of prosed plan at buildout. City Council 7 8 — 14 3/21/2023 City Council 8 — 15 3/21/2023 Housing Development Santa Ana faces issues such as adapting to changing housing market conditions, meeting state mandated regional housing needs goals, furthering quality housing and neighborhoods, accommodating social and economic diversity, assisting residents with special housing needs, and supporting the City's long-term economic development. The Housing Element establishes a vision, goals, policies, and programs to address these issues. This section highlights the various efforts completed in 2022 toward realizing those goals and implementing the listed programs and actions. The complete Housing Element Annual Progress Report is organized as a separate document (Attachment B) in with the required data and format required by State of California Housing and Community Development. R1Regional Housing Needs Allocation The City's regional housing needs allocation (RHNA) determined by the Southern California Association of Governments (SCAG) is 3,137 housing units for the 6t" cycle 2021— 2029 planning period. Within this housing goal, the City is required to plan for four income and affordability goals: very low, low, moderate, and above moderate. The City's RHNA by affordability level is 606 units of housing affordable to very low-income households, 362 units of housing affordable to low-income households, 545 units of housing affordable to moderate -income households, and 1,624 units of housing affordable to above moderate income households. R1Permits Issued There were a total of 901 building permits issued for new housing units in Santa Ana in 2022; of which 191 housing units are affordable to very low-income and 102 to low-income households, respectively. With the issuance of these permits, the City is on pace to substantially exceed its RHNA in all unit categories by the end of the planning period. Progress Towards 2021-2029 RHNA Goal (New Housing Units by Category and Year) Total Total Units % of RHNA Income I RHNA 12021 12022 12023 12024 12025 12026 12027 12028 12029 I Units I Remaining I Completed Very 606 41 191 232 374 38% Low Low 362 43 102 I I I 145 217 40% Mod. 545 11 41 I I 52 493 10% Above 1,624 639 567 1,206 418 74% Mod. Total: I 3,137 I 734 901 1,635 1,502 52% Based on building permits issued. R1 Major Development Highlights The following are three examples of major housing developments that were entitled or that were issued permits in 2022 that address the various housing challenges and needs facing the Santa Ana community: City Council 9 8 — 16 3/21/2023 1411 North Broadway - WISEPlace The project was entitled in 2022 and includes renovation of the existing building and the construction of a new four-story building with 48 flats/apartment units over an at -grade parking area. Forty-seven units are proposed as permanent supportive housing (PSH), affordable to individuals earning less than 30 percent of the area median income (AMI) and will be made available to at -risk and or homeless residents. The City of Santa Ana is contributing $5.2 million toward the development cost and 25 project -based vouchers, with the County of Orange contributing $1.5 million in capital financing, the Orange County Housing Finance Trust contributing $2.5 million in Local Housing Trust Fund and Mental Health Services Act funding, and the California Tax Credit Allocation Committee is contributing $20.1 million in tax credit equity. Expected completion in 2024. 2534 West Westminster Avenue - Westview House Community Development Partners were issued permits in 2022 to construct an 85-unit multi -family apartment project. The project is three- and four - stories in height and the unit mix consists of 23 one bedrooms, 4 two bedrooms, 34 three bedrooms, and 24 four bedrooms to accommodate larger families. Of the units, 26 will be slated for people experiencing homelessness. The project is being developed in partnership with Mercy House, which will provide residents with supportive services like skill -building classes. The project includes on -site open space, a leasing office, laundry room, community room, and service offices. The development will provide 63 units to very low-income households and 21 units to low- income households. Expected completion in 2024. 1126 East Washington Avenue — Crossroads at Washington Washington Santa Ana Housing Partners were issued permits to construct a new, four -level, 86-unit affordable residential community with a 1,060-square foot commercial space, as well as amenities, 120 parking spaces, and landscaping in 2022. The City provided $4.6 million in financial assistance to the project. The project will consist of 42 three- and four bedroom units for large families, and 43 one- and two -bedroom units. A total of 84 units will be for extremely low-income households earning 30 percent or less AMI. Expected completion in 2024. City Council to 8 — 17 3/21/2023 01 ADU Production The City established its accessory dwelling unit (ADU) provisions in 2003. Most recently, the City adopted an urgency ordinance (Ordinance No. NS-3030) December 6, 2022, to amend the local ADU ordinance to render it consistent with changes to state law that took effect January 1, 2023. As part of the Housing Element Update, the City surveyed the type and location of ADUs to understand the demand for housing. A majority of ADUs were detached products built in the Single -Family Residence (R1) zoning district. Moreover, SCAG surveyed ADUs across the region to gather rent and affordability data for different income groups. The survey found that 25 percent were affordable to very low-income households, 43 percent to low-income households, and 30 percent to moderate -income households. This demonstrates that affordable units are being constructed throughout the region and city, from lower to higher income areas, furthering fair housing. Based on the findings of the survey, HCD certified the use of SCAG's percentage based methodology for categorizing affordability levels for non -deed restricted ADUs for all jurisdictions in the SCAG region. In 2022, the following number of ADU applications were submitted*: In 2022, the following number of ADU permits were issued*: In 2022, the following number of ADUs were built*: *SCAG methodology used to determine ADU affordability levels. City Council 8 — 18 3/21/2023 2 Homeless Services The City provides a wide -range of services and resources for homeless persons through shelter, outreach, permanent supportive housing, project -based vouchers, and affordable housing opportunities. In 2022, the City continued working diligently with its partners through the Orange County Continuum of Care to end homelessness in Orange County, beginning with Santa Ana. # To that end, the Santa Ana Navigation Center located at 1815 East Carnegie Avenue opened in June 2022 as a 24-hour shelter with 200 beds that serves Santa Ana f ^ residents. The site includes a »Above: Mural within Navigation center. commercial kitchen, men's, women's and family dorms, offices for case management and medical services and an outdoor area for participants and their pets. Guests are offered a robust package of supportive services to transition to permanent housing and to cope with underlying issues causing them to cycle through the system. Illumination Foundation, the selected operator of the shelter, partners with Clarke Lew Medical Corp to provide medical and mental healthcare services, exclusive of substance use counseling for clients onsite at the shelter. For the year, nearly 10,000 individuals were contacted through the homeless services outreach teams, 2,397 individuals were in engaged in case management services, 579 were referred to by the Carnegie Navigation Center in 2022, another 861 were referred to other temporary shelters, and 1,127 individuals were exited off the streets. City Council 12 8 — 19 3/21/2023 r. �t4) r� 1 , 4 a t� � ��,}• � ++�}!�� �� it }A IV �. ,.. . r''r , PF i City Council 8 — 20 3/21/2023 Environmental Justice The General Plan's Core Values reinforce the City's commitment to enabling all persons to enjoy equal access to healthy environments, healthy foods, parks and recreational facilities, and civic engagement opportunities. However, the City recognizes that throughout its communities, some bear a disproportionate burden of pollution and associated health risks. The concept of environmental justice (EJ) seeks to correct this inequity by reducing pollution and increasing public investments in these communities, and ensuring their input is considered in decisions that affect them. Environmental Justice in the General Plan An EJ community is an area of the city where residents have the highest risk of exposure to pollution in the air, water, and soil. This pollution may be caused by passing vehicles or by the daily activities of businesses and institutions. Residents in these areas also tend to be burdened by socioeconomic and health issues, such as higher rates of language barriers, poverty, and asthma. Such areas also tend to experience lower rates of investment and improvements from individuals, private companies, and public agencies. Removing and addressing the root causes of EJ concerns in the built environment has been made a high priority by the community and the City Council, especially as experienced by low-income neighborhoods and vulnerable households throughout the City. As such, that commitment has been memorialized in over 150 EJ focused policies and implementation actions within the City's General Plan. Commitment to Addressing EJ Issues To demonstrate the City's commitment to EJ, the City formed a new section, Neighborhood Initiatives and Environmental Services (NIES), within the Planning and Building Agency in October of 2022 to focus on supporting Santa Ana's disadvantaged communities through General Plan EJ policy and implementation work. NIES accomplishments for the 2022 calendar year include: Assisted with drafting noxious uses urgency ordinance approved by City Council on December 20, 2022, that requires noxious businesses, those that require a permit from a regional, state, or federal agency to emit, discharge, or store hazardous materials, located within 500 feet of a sensitive land use to obtain a conditional use permit (CUP) and created an amortization framework for those operators who are nonconforming by lacking a CUP, with immediate effect. The urgency ordinance was followed by a permanent ordinance to ensure long-term sustainability of these new regulations. Staff, at the direction of City Council, began exploring the feasibility of expanding distance criteria, is appropriate, to 1,000 feet in the near future. Formation of a new Neighborhood Initiatives and Environmental Services (NIES) section of the Planning Division and hiring a Principal Planner to oversee the new section. Taking steps to fill staff vacancies in the NIES section, to further enhance the services the section offers the community. Application submittal for a HUD Lead Technical Studies Grant. 14 City Council 8 — 21 3/21/2023 Held three organizational development trainings to build the capacity of neighborhood associations and provide them with resources to be more autonomous. Designed section's Environmental Resources webpage as a central location for placing information, contacts, EJ complaint processes, and resources for neighborhoods in environmentally- and socio-economically disadvantaged communities. Created interactive GIS tool for community members to view EJ neighborhoods and industrial facilities within 2,000 feet from their residence and City-wide. Cultivated relationships with key staff at regulatory agencies through periodic discussions with staff from offices of state and federal -elected officials to assist with addressing EJ concerns involving state, regional, or federal regulatory agency (e.g. Department of Toxic Substances Control, South Coast AQMD, EPA). Formed partnership with Department of Justice's Central District Environmental REPORTARPROBLEMAS sn Justice Coordinator Assistant U.S. AMBIENTALES Attorney Amanda Bettinelli to assist � .—�W ,a°I�,°,�s°°.WW°a °°nlry°,� k,_Y�,° �aYr<,.1"- y I�Aeraks son respaeades Ee asegaarse ae we se curtpHn PO+capam�ir`+ do.' s d a� r N X1. ' —W dp mSW s�Y nOos Oe _ a s Wa—er�c<n�al Oe bs' to a e5a nr Santa Ana's EJ communities by aq�,<a_wedray Uand:,&&e4n,mb.ymr ykasYwersp ' developing programs, policies, and activities to address the <an"<I: <-* t mirenmenul NrY<R .YM IiW LLIN/°•b10! disproportionately high and adverse g<e b plomo p,r, w Mlo lame T<rlg, Iw"lr<Iy Iwu. epo dr evrrap Er 1)u156)dg20. tJdN 0•lane lobret pdw. ,sEe,m. human health environmental climate- Ibtde aegel. elma<rnnrer,a a°Eo,l W<zdn EN "gs,o<pe<nou 1 1 eaposrion Y pvro. pn<na, piDlnas, arte 6 .uerpo / maauil"le pe<mvm" Y<onb<mea related and other cumulative impacts on disadvantaged communities....�..�.:�....:.. Began developing framework for an inclusive process and infrastructure to p „In„aear,na, ea< e°<a ar ,.y.,e.,.alll..alusl.a.m muraa.. <.r<+ra<�I, Mmms. ml+.l.l.<aaalw.d«y,amr<p.+. engage Santa Ana's disadvantaged communities to advise, influence, <aargMe.«�n< prioritize, and collaborate on EJ Y:rp„'a+a w x"Ia,,..,d:o.,rax ah.l.o roenw.lwuon policies and implementation actions, akv,iMuvmtlr,Y Iryr,yrrg„"oanr,amw uln lr0<rakr and resources, enforcement, and coordination needed to realize policies and actions that will result in tangible community benefits. »Above: Flyer created to report pollution concerns Created bilingual "How to Report in English and Spanish. Environmental Problems in my Neighborhood" to share with community contacts. Attended Madison Park Neighborhood Association meetings and associated environmental -justice related forums, and took initial steps in drafting a framework for formation of the Environmental Justice Action Committee, to be presented to City Council in March 2023. ig City Council 8 — 22 3/21/2023 City Council 8 — 23 3/21/2023 Mobility and Infrastructure Santa Ana's circulation system of over 500 miles of roads keeps this thriving city of over 310,000 people on the move. However, how residents move through the city and their choice in travel mode are varied and affected by many variables. The General Plan envisions a transportation system that continues to evolve to address the changing needs of all Santa Ana residents, whether that be through improved and safer streets for motorists, painted or buffered bike lanes for cyclists, or improved pedestrian paths and amenities. R1Active Transportation Improvements In 2022, the City's Public Works Agency completed the Lincoln Pedestrian Pathway project. The Lincoln Pedestrian Pathway project is a follow-up phase to Orange County Transportation Authority's At -Grade Railroad Enhancement Project, which included the permanent closure of Fairhaven Avenue railroad crossing at Lincoln Avenue. The closure of the intersection in 2012 resulted in an additional mile of travel distance for pedestrians, bicyclists, and residents from the west side of the Park Santiago Neighborhood accessing Grand Avenue through Fairhaven Avenue. To improve accessibility/mobility in the area, Orange County Transportation Authority and the City of Santa Ana partnered to reestablish pedestrian and bicyclist access with the construction of the Lincoln Pedestrian Pathway project, which runs along the west side of the railroad tracks from Park Lane to Santiago Creek. 6 »Above: Top image illustrates Lincoln Pedestrian Pathway plan; Bottom depicts completed improvements. The improvements provide a 12-foot wide pedestrian pathway, landscaping, irrigation, lighting, fencing, and wall barriers between the railroad and pathway separation. The pathway connects pedestrians and bicyclists to the Santiago Creek trails, improves accessibility, and reduces travel distance. The project promotes active modes of transportation, in line with the General Plan's core values. This $1.2 million project increases mobility, decreases pedestrian travel distances, and provides safer and shorter routes to school for children. To underscore the success and benefits of this project, the American Public Works Association of Southern California awarded it the Project of the Year Award in December of 2022. 17 City Council 8 — 24 3/21/2023 MONO Ile. YAM gm City Council 8-25 3/21/2023 Economic Prosperity Located at the center of jobs -rich Orange County, Santa Ana businesses and workforce play an important role in the local and broader regional economy. The City's General Plan aims to expand, maintain, and enhance job opportunities for residents; attract and retain a balance of business types; and contribute to the overall quality of life experienced by the city's residents through increased economic prosperity. R1 Post COVID-19 The year 2022 was marked by efforts to support businesses affected by ongoing infrastructure projects in Downtown and the effects on lifestyles, shopping habits, and business practices of the COVID-19 pandemic. In 2022, $4.2 million in grants of Santa Ana Business Interruption Fund and Orange County Business Interruption Fund monies, respectively, were distributed to 510 downtown businesses. Additionally, over $148,000 in Community Development Block Grant funds were disbursed through microbusiness grants to 34 microenterprises to assist with post -pandemic business stabilization. The City also issued approximately $848,000 in vehicle rebates to nearly 1,700 residents. 2 Outdoor Dining In response to Executive Order N-33-20 issued by Governor Newsom, the City issued the "Take It Outside" guidelines August of 2020 to ensure businesses had the ability to operate safely and successfully during the COVID recovery using available private property and public right-of-way. To assist restaurants with their recovery, the City partnered with restaurant and property owners along First Street and Seventeenth Street to design and install 20 outdoor dining spaces. The program and spaces proved so successful, the City subsequently drafted and passed a permanent outdoor dining ordinance allowing the temporary spaces established by the program to remain as permanent fixtures and also allowed other businesses to construct similar outdoor dining facilities. This is one example of the long-term changes that came from the pandemic, but highlights how the City in partnership with the business community adapted and created economic opportunities in 2022. L A `"�. "I Mai t,. _t Santa Ana: .811tde for outdoor Business operations "Take It Outside" 19 »Left: (Left to Right) Cover of "Take It Outside" guidelines; Outdoor dining facility constructed along 17t" Street as part of program. City Council 8 — 26 3/21/2023 6_i .. .w LVO i IMPLEMENTATION ACTIONS Planning for Parks Access to Parks Park space is a limited and valuable resource that provides multiple benefits to those living and working in Santa Ana. It provides a place of relaxation and reprieve from the urban environment. It also offers a place to gather, celebrate, learn, or exercise, whether one is alone, with friends or family, or with other members of the community. The City boasts a variety of resources and provides hundreds of acres for public open space and recreation. However, many neighborhoods in the city continue to lack public parks in the amount and proximity needed to adequately service residents. The City's General Plan provides goals and policies to explore ways to provide parkland at a ratio of three acres per 1,000 residents citywide and a more equitable distribution across the many neighborhoods that make up Santa Ana. 2 Parks Master Plan In 2022, the City adopted its first ever Parks Master Plan (PMP). The PMP is a long-range plan that will guide the City's investment in parks, park facilities, and open space for the next ten years. The PMP is a community -driven document developed through an 18- month long process that combined broad resident and stakeholder engagement with a data -driven technical analysis to identify community needs. City staff, key stakeholders, and city leaders, together, formed a Park Advisory Group to guide the four -phased planning process. Feedback gathered from more than 2,000 residents, six commissions, 24 partner or stakeholder organizations, and 16 pop-up activities directly informed and was utilized to arrive at the adopted PMP. PMP Mission Statement "We steward our parks, offer engaging recreation opportunities, and connect our diverse community through trails and programs to create a vibrant, livable city." NEEDS FOR IMPROVED ARK ACCESS 40 �_A_ N_� PMP Key Initiatives 4. / 5. 6. 7. »Above: Parks Master Plan cover and plan 8 pages. Acquire land and develop parks. Ensure equitable access to parks. Create interconnected network of bike and pedestrian trials. Create recreation facilities that reflect needs of diverse community. Implement programming that supports community health, empowerment, development, and lifelong learning. Manage and maintain assets through good stewardship, proactive asset management, and wise use of resources to support a sustainable, resilient, safe, and comfortable park system. Engage residents and stakeholders in enhancing parks and recreation opportunities. Diversify funding to support the capital and operational investment needed. City Council 21 8 — 28 3/21/2023 2 New Park Development The General Plan and the PMP have stated goals of providing parkland within a 10-minute walk of all residents, and a ratio of three acres of parkland per 1,000 residents citywide. In an effort to work toward the General Plan and PMP objectives, the City identified six contiguous vacant parcels totaling 0.65-acre in size at the southeast corner of North Flower and West Tenth streets, which was considered a "park gap" area. Three of the parcels were owned by the Successor Agency and three were privately held by a single owner. In September 2022, the City finalized its acquisition of the six parcels and began the process to develop a public park at the site. City staff anticipate releasing an RFP for the design of the park in early 2023, with subsequent RFPs for construction to follow the design phase. Once complete, the park will provide recreation and open space amenities to four adjacent neighborhoods. »Above: Aerial image of the future park site at the The City was also recently awarded southeast corner of North Flower and West Tenth streets, nearly $1.5 million from the Caltrans identified by areen rectanale. Clean California Local Grant Program (CCLGP) for design and construction of the King Street Urban Greening Project. The project will transform approximately 9,000 square feet of unused public space at the intersection of King and Tenth streets into a passive recreation area with bicycle and pedestrian amenities. City staff released an RFP for the design of the park December 2022, and anticipates selecting a consultant February 2023. »Left: (Left to Right) Aerial image of the future park site -- unused right-of-way that is not connected to street grid nor programmed. Image depicts conceptual site plan with passive recreating spaces and pedestrian and bicycle amenities that was included in the RFP. City Council 22 8 — 29 3/21/2023 General Plan and Housing Element Tables The two attachments provide updates on the various implementation actions for 2022 by element/action for eleven elements of the General Plan (Attachment A) and for the Housing Element (Attachment B). City Council 23 8 — 30 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Community 1.1 Yes Engage EJ communities on recreation and cultural PRCSA/ 2023 In 2022, Parks, Recreation and Community Services Agency (PRCSA) established programs. Incorporate community stakeholders from PBA and will continue to hold event planning committees for Juneteenth, Chicano environmental justice communities to form an Heritage Festival, Mid -Autumn Festival and Indigenous Peoples Day in an effort Environmental Justice Action Committee to guide the to receive feedback from the community for recreational and cultural programs. identification of recreational and cultural programing PRCSA is collaborating with Environmental Justice (EJ) neighborhoods and non - needs and desires. profit organizations for several cultural programs. Community 1.2 Yes Community conversation. Plan for and conduct a CMO Every Held preliminary discussions about working with the EJ ad hoc committee, once community survey every two years related to community two it is formed, to identify priority areas to develop and capture for a community - health, pollution concerns, parks, community years based survey model. engagement, and community service needs, with focused outreach to environmental justice priority areas utilizing various platforms, such as social media and school events, to encourage substantial survey participation. Community 1.3 Yes Collaboration. Develop intentional, strategic partnerships PBA/ 2022- City staff established partnerships with Orange County Health Care Agency with public, private, and nonprofit entities to improve PRCSA 2024 (OCHCA), Orange County Environmental Justice (OCEJ), and the University of health outcomes by leveraging capacity, resources, and California, Irvine (UCI), to seek out funding/grants to further studies and programs around mutually beneficial initiatives that remediation projects related to lead pollution. During 2022, City staff began promote health, equity, and sustainability in collaborating with UCI EcoGovLab and Madison Park Neighborhood Association neighborhoods within environmental justice area GREEN (MPNA GREEN) to present EJ updates at neighborhood meetings and to boundaries. Develop a comprehensive partnership policy prepare for EJ stakeholder meetings regarding Department of Justice (DOJ) providing guidelines that can be used throughout the City Grant Studying Vehicle Air Emissions on high traffic corridors in Santa Ana. organization. Community 1.4 Yes Community coordination on underutilized spaces. PBA/ 2022 & Ongoing discussion with Davis Elementary School (located in a Park Master Plan Coordinate with community residents, property owners, PRCSA ongoing park gap area) to identify possible acquisition of land for park development. and other stakeholders to identify vacant and potentially Created internal open space forum to foster regular interagency discussion underutilized properties and strategize how such about potential open space acquisition. properties could be repurposed into public parks or commercial recreation facilities. City Council 8 — 31 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2022 UPDATE Community 1.5 Yes Alternative facilities. In park deficient and environmental PRCSA 2022 Continued to explore viable options for alternative recreational opportunities justice areas, identify facilities that are viable alternatives throughout the City. Continued to work alongside Santa Ana Unified School to public parks and municipal facilities for recreational, District (SAUSD) to determine accessibility outside of school hours for residents. cultural, and health and wellness programs, including but not limited to school facilities, facilities of faith -based and civic organizations, and privately owned recreation and entertainment facilities. Identify, inventory, and rank other resources for potential park system acquisition, expansion to existing parks, and/or parks development opportunity within the community. Community 1.6 Yes Program accessibility. To ensure residents of PRCSA/ 2022 PRCSA and Public Works Agency (PWA) worked together to create Class 1-4 bike environmental justice area boundaries have access to PWA trails throughout the City, enhancing connectivity to programs and facilities. recreational, cultural, and health and wellness programs, establish accessibility corridors that provide attractive, comfortable, and safe pedestrian and bike access to public recreational facilities in the Parks Master Plan (an implementation action of the Open Space Element). Identify public realm improvements needed to create these accessibility corridors. Prioritize investments for accessibility corridors in the city's capital investment program; include investments for accessibility corridors when investments are made in new parks and recreation facilities within environmental justice area boundaries. City Council 8 — 32 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Community 1.7 Yes Rental property outreach. Augment the Proactive Rental PBA 2022 & The Proactive Rental Enforcement Program (PREP) team conducted Enforcement Team and Residential Response Team with ongoing enforcement in EJ areas, such as Santa Anita, Evergreen and Townsend streets, additional outreach geared toward absentee owners of and worked with residents on properties with chronic multifamily property rental properties. Create and periodically distribute management issues in communities greatly affected by gang and drug activity. outreach materials in order to educate absentee owners about legal obligations to maintain and upkeep rental properties. Distribute information to tenants about their rights and protection, so they are not penalized for reporting or living in a dwelling unit that does not meet health and safety standards. Translate outreach efforts into Spanish, Vietnamese, and other appropriate languages. Prioritize such outreach for properties within environmental justice area boundaries. Community 1.8 Yes Neighborhood rehabilitation. Continue to seek state and CDA Ongoing The City managed an agreement with Habitat for Humanity of Orange County to federal funding for neighborhood rehabilitation projects implement the City's Residential Rehabilitation Grant Program. Through this and collaborate with community -based organizations to contract, the City provided grants of up to $25,000 to twenty-three (23) identify housing issues and improvements needed, households for the repair and rehabilitation of single-family and mobile homes, especially for housing within environmental justice area prioritizing applicants in R/ECAP and TCAC census tracts, seniors (62 years and boundaries. older), disabled residents, and low-income households. The City also managed an agreement with Habitat for Humanity of Orange County to implement the City's Residential Rehabilitation Grant Program. An annual workshop will be held in Fiscal Year (FY) 2023-2024 to promote rehabilitation grants and available housing programs/opportunities to all owner occupied single-family and mobile home residents in the city. Community 2.2 Yes Public realm. Identify areas in need of a public realm plan PWA/ Ongoing PWA reviewed all submitted land development projects to determine whether to provide attractive, comfortable, and safe walking PBA proposed private improvements caused additional need for public realm corridors to promote accessibility to community programs improvements, and where applicable and feasible, required improvements or activity centers, in conjunction with the City's Active consistent with Citywide standards, Harbor Specific Plan, Metro East Overly Transportation Plan. Zone public realm plans, as appropriate. Additionally, Planning and Building Agency (PBA) drafted a Request for Proposals (RFP) for five public realm plans for the Focus Areas, which is schedule to be released in early 2023. City Council 8 — 33 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Community 3.2 Yes Pedestrian access to health facilities. Ensure that new or PBA Ongoing PBA continued to require pedestrian amenities be included as part of new redeveloped health care facilities include pedestrian- development proposals through the Development Project Review process. friendly site amenities. In areas where mobile clinics are stationed, ensure the location is safe and accessible for pedestrians, cyclists, and transit users. Community 3.3 Yes Health metrics. Engage with the Orange County Health PBA/ 2022 City staff established partnerships with OCHCA, OCEJ, and UCI to begin Care Agency and other stakeholders to monitor key health CMO discussions on methods to jointly undertake efforts to combat pollution indicators to measure the success of the outcome of exposure related health issues. General Plan policies and the implementation plan, including reduction in incidence in asthma and low birth weight of infants. Community 3.4 Yes Prevention activities. Coordinate with the County Health PBA/ 2022- PBA continued ongoing dialogue with UCI and OCEJ regarding root causes of lead Care Agency to identify the root causes of health CMO 2024 pollution and results of lead study written by UCI. disparities and inequities in Santa Ana, with additional detail for residents living within environmental justice area boundaries. Identify potential programmatic changes and resources to better address the root causes. Community 3.7 Yes Public health and wellness collaboration summit. PRCSA 2022 & Developed Fit Fest to compliment the annual 5k event which will bring Health & Collaborate with health care providers, health and ongoing Wellness practitioners in a fun and interactive event space. wellness advocates, and other public health stakeholders to identify ways to improve the provision of and access to health and wellness services throughout the city. Include a discussion on areas within environmental justice area boundaries and other areas underserved by parks, programs and services that support health and wellness. City Council 8 — 34 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Community 3.8 Yes Environmental soil and human health screening PBA Ongoing City staff established partnerships with OCHCA, OCEJ, and UCI to seek measures. Collaborate with Orange County Health Care funding/grants to further studies, lead testing, and remediation projects related Agency, and local stakeholders such as Orange County to lead pollution. Environmental Justice and UC Irvine Public Health, in efforts to provide increased healthcare services (i.e., blood lead testing, treatment) for residents, especially those that reside in environmental justice communities. Additionally, collaborate to advocate for adjustment of the County and State policies for health and environmental screening levels to promote healthy outcomes related to lead contamination as recommended by health experts. Community 3.9 Yes Environmental Justice Staff. Identify funding and hire a CIVIC) 2022 The City hired a full-time E1 staff member in mid -October 2022, and refocused full-time Environmental Justice staff member to the Neighborhood Initiatives and Environmental Services (NIES) section of the collaborate with the community to implement the Planning Division to focus on supporting Santa Ana's disadvantaged environmental justice policies and actions including communities through the General Plan EJ policy work. community outreach, collaboration on environmental health studies, pursuing grants, and coordination with federal, state, and local agencies regarding environmental concerns in the City. Conservation 1.2 Yes Community identification. Coordinate with the South PBA 2022 & City's EJ Office (NETS) has participated in meetings with UC Irvine's EcoGovLab Coast Air Quality Management District and local Ongoing and the MPNA GREEN Project to pursue AB617 community designation in Santa stakeholders to pursue a priority community designation Ana's EJ areas. for eligible environmental justice areas of the city , with focus on areas with unique needs and highest pollution burden as identified in the CalEnviroScreen tool. If such designation is not awarded, seek grant funds for activities such as local air quality monitoring. City Council 8 — 35 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Conservation 1.3 Yes Proactive engagement. Collaborate with the South Coast PBA 2022 & City's EJ Office (NEIS) has participated in meetings with UC Irvine's EcoGovLab Air Quality Management District and local stakeholders in Ongoing and the MPNA GREEN Project and has had separate meetings with South Coast environmental justice areas experiencing local air Air Quality Management District (SCAQMD) on their process to re-establish trust pollutions issues to outline objectives and strategies for in the community for using their reporting tools regarding local air pollution monitoring air pollution in advance of the establishment source complaints. of a community emissions reduction and/or air monitoring plan. Conservation 1.5 Yes Agency permits. Monitor the South Coast Air Quality PBA 2022 & The City's EJ Office (NIES) created two interactive maps to provide more Management District permitting and inspection process Ongoing information and awareness of facilities permitted by state, regional, or federal and the Orange County Health Care Agency to identify agencies and the environmental hazards associated with each facility. Staff have businesses in Santa Ana with potential hazardous provided special presentations at neighborhood meetings and special events. materials or by-products, with a special focus on environmental justice communities. Serve as a liaison for residents to identify potential emission violations. Share information and data with the community on the City's Environmental Quality web page. Conservation 1.8 Yes Improve older trucks. Promote the City's Vehicle PWA 2022 The City continued to replace old fleet vehicles with newer, more efficient Replacement Plan and explore the replacement of older vehicles. All diesel vehicles have been removed from the fleet. trucks through City participation in regional incentive programs and education of Santa Ana private fleet owners of program opportunities. Conservation 1.10 Yes Interagency team. Establish an environmental quality PBA 2022 & The City's interagency team has met to discuss high priority EJ industrial sites to interagency team to evaluate, monitor, and make Ongoing apply land use/zoning enforcement authority to key operators in EJ areas. The recommendations to address air quality and City's EJ Office (NIES) has established the Environmental Resources page to environmental hazard issues, with a special focus on provide resources and entities responsible for air, water, lead, and other environmental justice areas. Publish results and environmental regulatory information, including an interactive EJ facilities map information on the City's website through a dedicated in Santa Ana. Santa Ana Environmental Quality web page. City Council 8 — 36 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Conservation 1.11 Yes Public education. Augment existing outreach programs to PBA/ Ongoing The City's EJ Office (NIES) created two interactive maps to provide more improve public awareness of State, regional and local PWA information and awareness of facilities permitted by state, regional, or federal agencies' roles and resources to identify, monitor, and agencies and the environmental hazards associated with each facility. Staff have address air quality and other environmental hazards in the provided special presentations at neighborhood meetings and special events. community. Conservation 1.14 Yes Expanded interactions. Identify opportunities to expand PBA/ Ongoing The City's EJ Office (NIES) has provided additional support to EJ neighborhoods regular attendance and support neighborhood CMO to pursue grant funding and training to expand participation in their associations and community groups to hold regular neighborhood association and collaborate with community groups on special meetings with City staff and decision -makers in funding in EJ areas. Bilingual support provided at Planning for 2023 capacity - neighborhoods within environmental justice building training that covered new role on EJ resources. communities, so that residents, community organizations and businesses can communicate their unique issues and needs, as well as their recommendations on how best to implement environmental quality, environmental health, and environmental justice policies. Arrange for language interpretation services as needed at these meetings so that all residents can participate. Conservation 1.15 Yes Expanded representation. Expand representation of PBA/ Ongoing EJ neighborhoods have been included in opportunities to participate in residents from neighborhoods within environmental CIVIC) representation on boards, commissions, and task forces. justice area boundaries by extending residents from such areas to become board, commission, and task force members as openings occur Conservation 1.16 Yes City budget. Evaluate the City's budget and financial CMO Annually Staff worked with the City's Budget Manager to schedule a segment of policies to include direction for prioritizing public services community budget meetings in EJ areas, provide interpretation in English/ and improvements within environmental justice area Spanish, and bring translated material to ensure community members could boundaries. Augment budget meeting presentations to fully participate in the City budget process. include a section dedicated to the status of actions and improvements to address the needs of residents within environmental justice area boundaries. Conservation 1.18 No Support transit. Support local and regional land use and PWA Ongoing Continued to support local and regional land use and transportation plans that transportation plans that increase mass transit usage and increase mass transit usage and reduce vehicle trips. reduce vehicle trips. City Council 8 — 37 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Conservation 1.19 No Climate Action Plan. Review and update the City's Climate PWA 2023 Action Plan. Conservation 2.1 No Native planting. Evaluate opportunities in parks, open PRCSA/ 2021 & The Park Planning Division began development of a landscape standard which spaces, scenic linkages, and greenway corridors to restore PWA ongoing will include various palettes that include waterwise, California native, and native vegetation and establish, where appropriate, riparian planting. native plantings that require limited water and fertilizer. Restoration and establishment of native planting should not limit pedestrian and recreation access Conservation 2.2 No Santiago Creek. Continue working with regional agencies, PRCSA 2022 & Received grant funding from the State Coastal Conservancy for a habitat including the Orange County Flood Control District, to ongoing conservation project involving 4.5 acres on the eastside of Santiago Park. identify opportunities to enhance the natural qualities of Santiago Creek to protect habitat and reintroduce native plants and animals. Conservation 2.3 No Channel improvement plans. Partner with the County of PRCSA/ 2022 In partnership with the Orange County Flood Control District (OCFCD), the Santa Orange to explore best practices in greenbelt and channel PWA Ana Greenways Bike Trail, which runs along a County Flood Control channel, improvement plans for the Santa Ana River and Santiago began construction after years of planning. Creek to preserve natural vegetation. Conservation 2.4 No Preservation of natural and historic resources. PBA Ongoing PBA continued to consult with local indigenous tribes on development projects Collaborate with local indigenous tribes and other subject to CEQA or that require specific plan or General Plan amendments. stakeholders to identify and evaluate potential incentives in the municipal code to encourage protection and enhancement of natural and historic resources. Conservation 2.5 No Programming. Incorporate the city's natural resources PRCSA 2021 & The Santa Ana Zoo will be operating a rebranded Nature Center, now EcoCenter into City plans and recreational programming to facilitate ongoing at Santiago Park. and encourage healthy, safe recreational activities. City Council 8 — 38 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Conservation 3.2 No LEED/ENVISION certification. Evaluate the feasibility of PBA/ 2022 City staff continued to seek opportunities to implement LEED/ENVISION requiring all major renovations and new construction of PWA certification into projects. City -owned facilities over 5,000 square feet to earn a LEED New Construction Silver Certification or greater. Evaluate feasibility of requiring all existing City -owned facilities larger than 25,000 square feet to obtain the LEED Buildings: Operations & Maintenance Certification. Evaluate the feasibility of requiring all major renovations and new construction of City -owned infrastructure facilities to earn ENVISION Bronze Certification. Consider providing incentives and recognition for new commercial, multifamily projects, and neighborhoods to obtain LEED certification. Incentives may include expedited permitting, rebates on or reduced building permit fees, and density bonuses Conservation 3.7 No Public awareness. Create educational programs to sustain PWA Ongoing Continued to work on educational programs to sustain public awareness of the public awareness of the importance of resource importance of resource conservation (e.g., energy, water, and open space), the conservation (e.g., energy, water, and open space), the continued existence of long-term resource demand challenges, and specific continued existence of long-term resource demand conservation tactics that are recommended. challenges, and specific conservation tactics that are recommended. Conservation 3.8 No Clean electricity. Coordinate with Southern California PWA 2023 Continued to work with Southern California Edison (SCE) on options to expand Edison to expand the availability of clean/renewable the vehicle charging network. energy services throughout the city, and to explore alternative energy technologies. Conservation 3.11 No Natural carbon sequestration. Reduce the amount of PWA Ongoing In 2022, the City was awarded $1.49 million of competitive statewide grant carbon dioxide that would otherwise be released into the funding for a stormwater capture and urban greening project from Caltrans. The atmosphere through the continued maintenance and City also submitted an application for grant funding to the California Natural expansion of the city's urban forest and development of Resources Agency for another urban greening project. other green infrastructure. Explore options to include green infrastructure requirements in new public realm plans. City Council 8 — 39 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Conservation 4.1 No Water education. Provide educational outreach materials PWA Ongoing Continued to provide educational outreach materials for residents and for residents and businesses on proper water use and businesses on proper water use and other water conservation practices. other water conservation practices. Conservation 4.3 No Green stormwater management. Identify opportunities PWA Ongoing In 2022, the City was awarded $1.49 million of competitive statewide grant for the installation of stormwater best management funding for a stormwater capture and urban greening project. The City also hired practices in the public rights -of -way, parking lots, parks, or a consultant to draft a Stormwater Project Master Plan, which includes a public buildings, for inclusion into the Capital detailed analysis of the City to identify optimal locations for stormwater BMP Improvement Program. projects. Conservation 4.4 No Water recycling. Pursue funding to implement the first PWA 2023 Continued to pursue grant funds to implement the Recycled Water Master Plan. phase of the City of Santa Ana Recycled Water Master Plan, with an emphasis on local water recycling programs and cooperation with regional water recycling efforts. Economic 3.5 Yes Green business incentives. Continue to promote and CDA Ongoing Economic Development Division staff continued marketing the Recycling Market Prosperity market the Recycling Market Development Zone. Develop Development Zone (RMDZ) to existing "green" businesses in the City by an incentive program to encourage nonpolluting industry connecting them with staff from the state to discuss low interest loans and other and clean green technology companies that reduce recycling incentives available to local businesses, and coordinated with Planning environmental impacts and the carbon footprint to locate and Building staff to streamline development proposals. to the city. Encourage existing businesses to invest in technology and best practice to transition to sustainable business practices. Economic 1.2 No Fiscal impacts of land use changes. Document the CDA 2021 Economic Development Division staff continued to monitor new developments Prosperity potential economic and fiscal impacts associated with with land use change implications in the City and provided economic and fiscal significant land use plan amendments involving land use data on their impacts. or intensity revisions Economic 1.3 No Economic indicators. Explore the use of key economic CDA 2022 Economic Development Division staff regularly updated and provided local Prosperity indicators to identify the need for new strategies and demographic reports for City Council and other City departments. establish priorities for public investment. This data will be used in the development of the City's Economic Development Strategy Plan and also updated bi-annually on the City's economic development website 10 City Council 8 — 40 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Economic 1.5 No Broker outreach. Conduct outreach meetings with CDA 2021 The Economic Development Division met monthly with local brokers to discuss Prosperity commercial and industrial real estate brokers to discuss vacant and for lease/sale properties on the market in Santa Ana. The City the types of businesses considering a Santa Ana business provided the brokers with important citywide marketing information to help location; identify challenges that discourage business attract investment. from locating in the city; implement a plan to address such challenges. Economic 1.6 No Business development targets. Prepare and regularly CDA Ongoing Economic Development Division continued to track and attract businesses that Prosperity update a business development target list that identifies provided sustainable, well -paying jobs for the community. The unemployment the types of businesses that are most likely to be rate for Santa Ana has dropped 50% since 2021. interested in a Santa Ana business location, the types of businesses most likely to employ city residents, types of businesses that broaden the local economy, and the types of businesses expected to generate higher net revenues for the City or to create shared revenue opportunities; target the City's business attraction efforts on these types of businesses. Economic 1.7 No Living wage jobs. Prepare and regularly update a living CDA 2022 The City's WORK Center actively monitored workforce data to support residents Prosperity wage calculation for Santa Ana; prepare and regularly looking for new employment and higher paying jobs. update a list of the types of businesses in which the average wage is above a living wage for Santa Ana; incorporate this information into the City's business incentives program. Economic 1.8 No Workforce development for City residents. Provide an CDA 2022 & The City's WORK Center continued to market and promote its services to the Prosperity informational program —including an annual public annually community through printed material, social media, and through non -profits in workshop, information on the City's website, and printed the community. collateral —to inform the public about available training, education, and assistance for employment skills and workforce preparation; partner with Santa Ana Unified School District, the chambers of commerce, and community organizations to make this information widely available throughout the community 11 City Council 8 — 41 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Economic 1.9 No Retail attraction. Conduct an annual retail market CDA 2022 The Economic Development Division received frequent sales tax information Prosperity demand analysis to identify types of stores for which the identifying leakages in retail spending. This data was used to identify potential city leaks retail spending; focus market efforts on these businesses for attraction. types of business; incorporate a focus on these types of businesses into the City's business assistance and business incentive programs. Economic 1.10 No Creative class. Develop and implement programs to CDA Ongoing The City held its first special event sponsorship program administered through Prosperity celebrate arts and culture and to promote the works of the Arts & Culture Commission. A total of $100,000 was awarded to 31 recipients local artists; develop marketing collateral for artists and with amounts ranging from $177 to $8,543. creative industries businesses. Economic 1.11 No Employ local initiative. Continue to support local CDA 2021 Economic Development Division staff worked very closely with THRIVE Santa Prosperity initiatives like worker cooperatives and develop a package Ana to enter into a lease for a city property for the development of a future of business incentives like reduced business license fees micro -farm. The micro -farm will include opportunities for worker cooperatives to encourage Santa Ana businesses to hire local residents. in farming and other retail uses. Economic 1.12 No Tourism action. Assist in the planning and strategic use of CDA 2021 The City formed the Santa Ana Tourism and Marketing District (TMD) in March Prosperity public -private partnerships to develop new permanent 2020. Travel Santa Ana, a new destination marketing organization was created facilities and attractions through the implementation of a to support the TMD. tourism marketing district Economic 1.13 No Promote development opportunities. Maintain updated CDA Ongoing The Economic Development Division continues to monitor and market vacant Prosperity inventory of citywide vacant properties. Continue to and on -the -market property for potential redevelopment opportunities. promote these opportunities and incentives like the City's Opportunity Zone to the broker and development community to develop into commercial and residential projects beneficial to the sales and property tax base of the City. Economic 1.14 No Foster Development through Financing Assistance. CDA 2023 In October 2020, the City adopted a resolution to join the Statewide Community Prosperity Utilize economic financing tools such as enhanced Infrastructure Program. This program allows owners of property in the City to infrastructure financing districts, community revitalization finance development impact fees as they redevelop properties. investment authorities, and the Statewide Community Infrastructure Program to finance economic development and infrastructure projects that provide community -wide benefits. 12 City Council 8 — 42 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Economic 2.1 No Business attraction. Participate in state and national CDA Ongoing The Economic Development Division continued to market and promote the City Prosperity economic development organizations. Attend trade through attending the Innovative Commerce Serving Communities Conference shows and market Santa Ana to high -growth business in May 2022. clusters for Orange County, consistent with the Economic Development Strategic Plan. Economic 2.3 No Green business recruitment. Conduct a study to identify CDA 2022 Utilizing available incentives from the state RMDZ program, Economic Prosperity the types of green businesses best suited to a Santa Ana Development Division staff targeted out of city green businesses for potential business location; market the city to these types of attraction as their leases came up. businesses. Economic 2.4 No Communication Technology. Partner with public and PWA Ongoing PWA worked with wireline and wireless telecommunication utility companies to Prosperity private enterprises to facilitate communication facilitate effective and least impactful upgrade of facilities in order to provide technology, such as fiber optics, to address current and service to end users. future technology needs relative to available resources and ensure that the city maintains a competitive business environment. Economic 2.5 No Wireless Telecommunication. Update the local Wireless PWA 2021 PWA completed the City's Wireless Telecommunication Design Guidelines in Prosperity Telecommunication Design Guidelines to incorporate best 2021. The guidelines are periodically updated to respond to/based on industry practices, consistency with federal requirements, community input and technological improvements. and community considerations. Economic 3.3 No Business outreach and retention. Continue to support CDA Ongoing The Economic Development Division continued to partner with organizations Prosperity existing business attraction and retention programs. such as the Santa Ana Chamber of Commerce and Travel Santa Ana for business Maintain partnerships with the Santa Ana Chamber of retention and attraction activities. Commerce and other nonprofit organizations. Continue to reach out to national retailers and employers. Economic 3.4 No Business relocation assistance. Continue to promote and CDA Ongoing Economic Development Division staff continued to promote and market Prosperity market the Recycling Market Development Zone. Develop underutilized shopping centers for reinvestment. Staff reached out to any a program to assist businesses that want to relocate from impacted business to help with site selection to a new location in the city, if functionally obsolete strip commercial locations to new applicable. distinctive neighborhood commercial districts. 13 City Council 8 — 43 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Economic 3.6 No Customer service survey. Develop and maintain a CDA/ 2022 The Economic Development Division, in collaboration with the County of Prosperity customer service survey to evaluate and identify PBA Orange, developed a program to encourage businesses to offer healthy food opportunities to improve permit and licensing choices and remove alcohol and tobacco products and display ads. A total of 14 procedures. Train appropriate business counter staff on businesses registered for the Shop Local, Shop Healthy program. enhanced customer service methods for the public. Economic 3.7 No Software upgrade. Upgrade permit processing software PBA 2022 In 2022, staff continued development of the new GIS integrated permit system Prosperity to streamline review, allow the submission of electronic and transfer of data from old land management system. The project is expected applications, reduce costs, and monitor processing time. to be complete July 2024. Economic 3.8 No Promote gathering spaces. Develop the role of the Arts CDA/ Ongoing City Council provided the Arts and Culture office with $100,000 to work with the Prosperity and Culture Division of the Community Development PBA Arts Commission to sponsor local events. A total of 31 local artists and art Agency to coordinate various arts, culture, and historical institutions received this sponsorship funding. This included arts events and arts programs that promote creative gathering spaces and installations throughout the community. experiences in Santa Ana Economic 3.10 No Business license. Consider reduction of business tax CDA/ Ongoing The City completed a ballot measure approving a reduction in business license Prosperity assessment to support small businesses in the city and Finance fees for small businesses. coordinate voter approval as needed Economic 4.1 No Economic development training. Each year, provide CDA Ongoing The City maintains an active subscription to the California Association for Local Prosperity budget funds for at least one staff member and one Economic Development (CALED) and attends monthly webinars to learn about elected or appointed official to attend an economic economic development best practices. development training program through the California Association for Local Economic Development or a similar program. Economic 4.2 No Business outreach. Conduct a monthly business breakfast CDA Ongoing The Economic Development Division worked with the Chamber of Commerce to Prosperity workshop with a different sector of the local economy or host two new business welcome breakfasts events in 2022. Over 25 businesses a different geographic area each month in order for attended each event. Additional events are planned for 2023. elected officials and senior staff to keep businesses apprised of what Santa Ana is doing for economic development and to hear directly from local businesses about the advantages and challenges of operating a business in the city. 14 City Council 8 — 44 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Historical 1.6 No Historic resources survey. Survey all City -owned historic PRCSA/ 2022 The City retained an architect with historical expertise to lead the renovation of Preservation resources to identify condition, maintenance and repair PWA the historic Cypress Fire Station. needs, and sources of funding for upgrades. Historical 1.7 No Oral history. Seek funding to reinstate local oral history PRCSA Ongoing The City began efforts to implement interpretive signage in public parks to Preservation program to capture Santa Ana's historic and cultural celebrate Santa Ana's heritage and local history. narrative. Historical 3.7 No Maintain certification. Maintain Certified Local PBA Ongoing In 2022, PBA staff maintained Certified Local Government status under the Preservation Government status under the National Parks Service National Parks Service historic preservation. historic preservation program through training and submittal of annual report. Land Use 2.10 Yes Open space requirements. Evaluate public open space PBA/ 2022- Funding was secured for the comprehensive update of the Zoning Code. The and park requirements in the zoning code for residential PRCSA 2027 update will include evaluating public open space and park requirement and nonresidential uses. Consider requirements and/or standards for residential and nonresidential uses. In 2022, PBA staff drafted an incentives to aggregate public open space areas required RFP to solicit services of professional planning firms to the update. The RFP is by two or more uses to form larger and more usable areas schedule to be released early 2023. and facilities. Land Use 3.2 Yes Design guidelines and standards. Update the zoning PBA 2022- Funding was secured for the comprehensive update of the Zoning Code. The code's development and operational standards for 2027 update will include analyzing and, if appropriate, updating location and industrial zones to address incompatibility with adjacent operational standards for industrial uses. In 2022, PBA drafted an RFP to solicit uses, including minimum distance requirements to buffer services to begin the community engagement and drafting of the update. The heavy industrial uses from sensitive receptors. Conduct a RFP is scheduled to be released early 2023. study to evaluate and establish appropriate minimum distances and landscape buffers between polluting industrial uses from sensitive receptors such as residences, schools, day care, and public facilities. Land Use 3.3 Yes Healthy lifestyles. Collaborate with residents and industry PBA 2022 The City's EJ Office (NIES) met with EJ neighborhoods regarding their concerns stakeholders to create a program to incentivize and from heavy industrial uses near residential zones and applying regulatory amortize the removal of existing heavy industrial uses enforcement measures with future opportunity to discuss amortization of these adjacent to sensitive uses. uses. 15 City Council 8 — 45 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Land Use 3.5 Yes Business incentive. Explore economic development CDA Ongoing The City's EJ Office (NIES) met with Los Angeles County Regional Planning to incentives and grant funding to encourage existing or learn of their GREEN ZONES program and enforcement in conjunction with draw new business investments in the industrial zones to public health agency participation. incorporate more environmentally sustainable practices. Land Use 3.6 Yes Lead paint abatement. Coordinate with County of Orange CDA/ 2021 & The City's EJ Office (NIES) staff worked with the OCHCA on their Childhood Lead Health Care Agency and community organizations to PBA Ongoing Poisoning Prevention team to help reach out to EJ communities at special strengthen local programs and initiatives to eliminate events. Planning efforts are underway to outreach new residential lead testing lead -based paint hazards, with priority given to residential and abatement contractor - Azure Community Development - to provide buildings located within environmental justice area services to 50 families in Santa Ana Spring 2023. Future program design will be boundaries. in conjunction with City lead policies roundtable, including OCEJ and other community groups and UCI partnership. The City's E1 Office (NIES) participated in monthly Cal EPA Environmental Justice calls the first Tuesday of the month to network and learn from other groups at the table. Land Use 3.14 Yes Sunshine ordinance. Update City Sunshine Ordinance, CMO 2022 The Sunshine Ordinance is in the process of being updated. It is scheduled to be incorporating best practices for outreach in updated Spring 2023, with an opportunity to incorporate best practices for environmental justice areas in Santa Ana outreach in E1 Santa Ana areas. Land Use 3.15 Yes Communication tools. Explore tools for communication PBA 2022- Information and special outreach meeting updates were shared with on -the - with residents and sensitive receptors when new 2024 ground neighborhood contacts, youth, school parents, faith -based leaders and industrial uses are proposed in their areas businesses. Land Use 3.16 Yes Health in corridors. Require a Health Risk Assessment to PBA 2022- Several projects currently in construction within 500 feet of a freeway have identify best practices to minimize air quality and noise 2027 prompted the opportunity to work with partners to develop criteria and impacts when considering new residential uses within 500 research a Health Risk Assessment that can be applied to future projects. feet of a freeway. 16 City Council 8 — 46 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Land Use 3.19 Yes Promote health. Partner with local organizations (e.g., OC PBA 2022- The City's EJ Office (NIES) staff worked with the OCHCA on their Childhood Lead Health Care Agency, Latino Health Access, Ongoing Poisoning Prevention team to help reach out to EJ communities at special Santa Ana Unified School District, Garden Grove Unified events. Planning efforts are underway to outreach new residential lead testing School District, Orange County Environmental and abatement contractor - Azure Community Development - to provide Justice, and the Coalition of Community Health Centers) services to 50 families in Santa Ana in 2023. to increase blood lead testing, outreach, education, and referral services through a `promotora' or community peer outreach model that addresses the root causes of elevated blood lead levels impacting Santa Ana residents, with special focus in environmental justice communities and for children living in pre-1978 housing. Land Use 3.20 Yes Safe housing. Require all residential rehabilitation CDA Ongoing Required all residential rehabilitation projects that use local, or HUD federal projects that use local, or HUD federal funds to comply funds to comply with the Lead Safe Housing Rule, and to remove lead paint with the Lead Safe Housing Rule, to remove lead paint hazards. hazards, depending on the nature of work and the dollar amount of federal investment in the property Land Use 3.21 Yes Prevention education. Collaborate with local PBA 2022- The City's EJ Office (NIES) staff worked with the OCHCA on their Childhood Lead organizations such as Orange County Health Care Agency, Ongoing Poisoning Prevention team, and researched Long Beach City's residential lead State Environmental Protection Agency, and community- prevention, testing and abatement programs and track record of funding based environmental justice organizations to identify acquired. Future program design will be in conjunction with City lead policies funds and create a Santa Ana Prevent Lead Poisoning roundtable, including OCEJ and other community groups and UCI partnership. Education Program, with special focus on disadvantaged The City's EJ Office (NIES) participated in monthly Cal EPA Environmental Justice communities and pre-1978 housing stock. calls the first Tuesday of the month to network and learn from other groups at the table. 17 City Council 8 — 47 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Land Use 3.22 Yes Public health outcomes. Support the Orange County PBA 2022 & The City's EJ Office (NIES) staff worked with the OCHCA on their Childhood Lead Health Care Agency in their role in investigating Ongoing Poisoning Prevention team to help reach out to EJ communities at special public complaints regarding unsafe lead work practices events. Planning efforts are underway to outreach new residential lead testing and lead hazards wherein children are present, and abatement contractor - Azure Community Development - to provide through enforcement of local housing standards to assure services to 50 families in Santa Ana in 2023. healthy outcomes, including for individuals and households presenting with concerns about lead exposure and/or with confirmed lead levels of >3.5ug/dL, which the Centers for Disease Control and Prevention indicates as the threshold for follow-up and case management in children. Land Use 3.23 Yes Agency permits. Work with South Coast Air Quality PBA 2022 NEIS staff investigated properties of concern from residents and organizations Management District and Orange County Health Care with respective agencies and the DOA EJ Coordinator for the Central District - Agency to evaluate existing special permit process and Asst. U.S. Attorney Amanda Bettinelli. NIES created two interactive maps that criteria for approval, and identify potential policy changes provide a centralized list of agency permits issued to businesses to help to minimize issuance of special permits with potential understand the universe of special permits issued in EJ areas in Santa Ana. health impacts. Land Use 3.24 Yes Public health. Partner with Orange County Health Care PBA 2022- NIES hosted collaboration meetings with OCHCA and community serving Agency and community serving organizations to evaluate 2024 organizations to strategize and synergize efforts to improve public health related best practices and benefits of preparing a Public Health to environmental pollution. Plan to address environmental hazards in Santa Ana, with special focus in environmental justice communities. Conduct public meetings to gather information and present preliminary findings. Land Use 3.25 Yes Engage EJ communities. Work with community serving PBA 2022 NIES rolled out an Environmental Resources page with visuals, maps, reporting organizations, neighborhood leaders, and residents to tools, and other content regarding EJ issues and EJ Disadvantaged Communities. form an Ad Hoc Committee to develop ongoing EJ Furthermore, NIES staff have provided trainings and updates at neighborhood Community Engagement programs for existing and new meetings in EJ areas regarding the new focus and future opportunities to bring disadvantaged EJ communities, including multilingual more resources and attention to EJ issues in the respective communities. communication protocols. Host quarterly Roundtable meetings with local stakeholders to guide and evaluate implementation of environmental justice policies. 18 City Council 8 — 48 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Land Use 3.26 Yes Health conditions. Workwith state agencies includingthe PBA Ongoing In 2022, PBA applied for a HUD lead Technical Studies Grant to study soil lead Department of Toxic Substances Control contamination baseline conditions, however, the grant application was and South Coast Air Quality Management District, Orange unsuccessful. PBA staff will continue seeking other grant fund opportunities. County Health Care Agency and local stakeholders including Orange County Environmental Justice and UC Irvine Public Health to identify baseline conditions for soil and air contamination in Santa Ana, routinely monitor indicators of such contamination, and measure positive outcomes. Collaborate with these organizations to secure grant funds for soil and air testing, remediation (e.g., bioremediation, covering, removing, air filtration), and prevention activities for residential properties in proximity to sites identified with high levels of soil pollution (including sites identified with soil lead levels of 80 ppm or higher) and air pollution, with a focus on communities disproportionately affected by soil contamination. Land Use 3.27 Yes Groundwater practice. Coordinate with the State PBA Ongoing NIES continued working with Orange County Water District (OCWD) on Department of Toxic Substances Control (DTSC) to remediation effort targeting the South Basin and dissemination of information monitor the Santa Ana Southeast Groundwater Clean Up to the affected community within the EJ disadvantaged neighborhoods. Project and identify measurable progress to remediate groundwater contamination. Share information with the community on the City's Environmental Quality web page. Land Use 3.28 Yes Tenant protections. Provide information to residential PBA 2022 & Community Development Agency staff created a website that provides tenants regarding Landlord Tenant Laws in the Ongoing information on the Rent Stabilization and Just Cause Eviction ordinances. All State, such as AB 1481, and Santa Ana's Just Cause for information is provided in three languages (English, Spanish, and Vietnamese). Tenant Eviction and Rent Stabilization ordinance that provide protections against evictions for those who seek action to improve substandard housing and hazardous conditions. 19 City Council 8 — 49 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Land Use 3.29 Yes Developmentsite history. Updatethe City's Development PBA 2022 PBA staff drafted changes to the Development Project Review application to Review application process to require developers to require prior site use and hazardous material history as part of application and provide information regarding the prior use of the site and review process. The new application is schedule to be in effect early 2023. history of hazardous materials on the property, in order to identify potential for site contamination from hazardous materials or soil lead contamination to be remediated. Land Use 4.6 Yes Fireworks and environmental pollution. Study the data PBA/ 2022- NIES staff participated in pilot study updates from UCI and MPNA GREEN Project available to understand the health effects and CMO/ 2024 through air monitor sensors to study data regarding fireworks -related pollution environmental exposure, including air quality and noise PD from individual backyard and fireworks displays in Santa Ana. impacts, from airborne sources such as fireworks shows and displays, with special focus on environmental justice areas. Land Use 1.1 No Development Code Update. Prepare a comprehensive PBA 2022- Funding was secured for the comprehensive update of the Zoning Code and the update to the zoning code to ensure that the City's zoning 2027 creation of five Focus Area public realm plans. In 2022, PBA drafted an RFP to regulations align with the General Plan's goals and solicit services to begin the community engagement phase of the project and policies. Update the Metro East MixedUse Overlay District drafting of the update. The RFP is scheduled to be released early 2023. to remove the portion within the 17th Street and Grand Avenue Focus Area. Update the Midtown Specific Plan. 20 City Council 8 — 50 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Land Use 1.2 No Community benefits. Require new development projects PBA/ 2022 & PBA staff continued to require new development projects proposing a general proposing a general plan amendment CDA Ongoing plan amendment and/or a zone change to include as part of the development and/or a zone change to include as part of the proposal, a community benefit and implementation plan providing a net development proposal, a community benefit and community benefit as desired by the City and neighborhoods through public implementation plan providing a net community benefit outreach. as desired by the City and neighborhoods through public outreach. Examples of community benefits may include, but is not limited to public realm improvements, dedication of park and open space for public use, expanded economic development opportunities, job opportunities, new community serving businesses and services, and removal of blight and incompatible land uses. Assess capital costs and ongoing operations and maintenance costs; conduct a financial feasibility analysis to determine the impacts of community benefits on the feasibility of desired types of development. Land Use 1.3 No Retail business potential. Conduct and annually update a CDA 2022 Economic Development Division staff regularly produced demographic data for retail market study for the city's District Centers and the attraction of new businesses. Urban Neighborhoods to identify types of businesses that can be supported; conduct outreach to local businesses to inform them of potential business opportunities in these areas. Land Use 1.6 No ADUs. Develop accessory dwelling unit standard plans to PBA 2022 PBA staff continued work on development of accessory dwelling unit standard facilitate quality site and architectural design while plans to facilitate quality site and architectural design while reducing costs and reducing costs and expediting City review and approvals. expediting City review and approvals. Plans and program expected to be live Spring 2023. 21 City Council 8 — 51 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Land Use 2.2 No Annual review. Prepare a general plan status report PBA Annually Prepared a General Plan status report and submitted it to state agencies by the annually. Review the General Plan land use objectives and April 1st April 1st deadline. map to ensure they continue to support the community's long-term land use vision. Amend the text, goals, policies, and map as necessary to address new concerns, legislation, and changing conditions. Land Use 2.3 No Projections. Review and adjust population assumptions PBA 2022- Reviewed and adjusted population assumptions and forecasts in conjunction and forecasts annually in conjunction with the Ongoing with the Department of Finance, SCAG, and the County of Orange/Center for Department of Finance, SCAG, and the County of Demographic Research to adequately plan for the growth of housing and jobs. Orange/Center for Demographic Research to adequately plan for the growth of housing and jobs. Land Use 2.5 No Developer outreach. Conduct an annual workshop with PBA/ 2023 & The Santa Ana Chamber of Commerce, in partnership with the City, hosted an residential, mixed -use, commercial, and industrial real CDA Ongoing annual economic development conference (GROW) designed to attract estate developers to discuss developing projects in Santa investment and quality development. Over 400 local industrial developers, Ana; identify challenges that discourage quality businesses, and community leaders regularly attend this important event. development in the city; identify cost implications that impact affordability; implement a plan to address such challenges. Land Use 2.7 No Fiscal impact model. Develop a fiscal impact analysis PBA/ 2022 PBA staff drafted changes to the Development Project Review application to model that incorporates the appropriate mix of CDA require fiscal analysis of projects as part of application and review process. The land uses to achieve fiscal sustainability, or at a minimum, new application is schedule to be in effect early 2023. fiscal neutrality to make informed land use decisions. Require the completion of this analysis in mixed -use land use designations and in proposed conversion of commercial uses to residential or mixed -use projects. Land Use 2.8 No City -owned land. Coordinate future disposition of City- PWA/ Ongoing Continued coordination of future disposition of City -owned property and owned property and remnant parcels, consistent with the CDA remnant parcels, consistent with the Surplus Land Act. In FY 23-23, activated Surplus Land Act. over 214,000 square feet of City -owned remnant land, consistent with the Surplus Land Act. Currently coordinating the designation of new land forthe next cycle of disposition. 22 City Council 8 — 52 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2022 UPDATE Land Use 2.11 No Antidisplacement strategies. Collaborate with PBA/ 2022 & Collaborated with the community to develop numerous anti -displacement community organizations and residents to identify, CDA Ongoing strategies and incorporated them into the 6th cycle Housing Element, which was evaluate, and implement effective and appropriate certified by the state September 2022. antidisplacement strategies to address the unintended displacement of vulnerable tenants and property owners due to the introduction of new development. Land Use 2.12 No Distinctive districts. Develop and adopt a specific plan or PBA/ 2022- Funding was secured for the comprehensive update of the Zoning Code and the corridor plan for each of the land use focus areas to CDA 2027 creation of five public realm plans for the Focus Areas. In 2022, PBA drafted an establish regulations and design standards with RFP to solicit services to begin the community engagement phase of the project consideration of the character, history and uniqueness of and drafting of the update. The RFP is scheduled to be released early 2023. existing corridors and neighborhoods. 23 City Council 8 — 53 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2022 UPDATE Land Use 2.14 No Local preference. Require a first priority preference for CDA Ongoing In 2022, the City managed and oversaw a local preference for residents who live Santa Ana residents and workers in tenant selection or work in Santa Ana and need affordable housing in compliance with all state policies for affordable housing projects that receive and federal fair housing laws. Specifically, the Housing Authority opened the financial assistance from the City or projectthat qualifyfor Housing Choice Voucher Program waiting list application on Monday, May 2, a density bonus. 2022 until Tuesday, May 31, 2022. During this 30-day period, the Housing Authority received a total of 20,756 applications. Out of 20,756 applications received, there are 8,936 applicants who selected the City's local residency preference. Out of the 8,936 that selected our local residency preference, there are 387 applicants who selected our U.S. Military Veteran preference. The 20,756 applications will be sorted randomly after these two local preferences are applied to the waiting list. Our U.S. Military Veterans will have the highest priority and will go to the top of the waiting list, followed by our local residents. Only a maximum of 7,500 applications will be randomly selected. Since the Housing Authority received more applications from residents in our community than the number of applications that will be randomly selected, applicants who applied from outside of our community will not be selected as part of the lottery process after the local preferences are applied to the waiting list. Prior to the waiting list opening on May 2, 2022, the Housing Authority and City Manager's Office conducted an extensive marketing campaign to promote the waiting list opening. Prior to the waiting list opening, we conducted seven (7) in -person workshops in the community during the week of April 26, 2022. There were over 1,000 residents who attended these workshops. We continued with our extensive marketing efforts during the waiting list opening period from May 2nd to May 31st and conducted nine (9) in -person workshops and 1 virtual workshop. Over 600 residents attended these workshops. We also hosted several train -the -trainer workshops. All workshops were conducted in English, Spanish, and Vietnamese. The locations of the workshops included community centers, elementary schools, non-profit organizations, and our two public libraries. Workshops were also held during the daytime, evenings, and weekends to accommodate our resident needs. All waiting list flyers and documents, including paper applications were available in English, Spanish, and Vietnamese. 24 City Council 8 — 54 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Land Use 2.15 No Community Serving Commercial Retail & Service PBA/ 2022 PBA required applicants that sought to develop mixed -use projects or to convert Diversity Impact Analysis. Implement a requirement for CDA commercial and other non-residential uses to residential to provide an impact mixed -use projects or proposals to convert commercial analysis to inform decision making process. and other non-residential uses to residential or mixed -use projects to complete a community serving commercial retail & service diversity impact analysis to inform the decision making process and to ensure availability and diversity of commercial retail and service uses in Santa Ana as part of the development proposal. Land Use 3.1 No CEQA review. Continue to evaluate land use compatibility PBA Ongoing Continued to evaluate land use compatibility through required environmental through required environmental clearance of new clearance of new development projects, consistent with state law. development projects. Land Use 3.7 No Building massing. Update the Citywide Design Guidelines PBA 2022- Funding was secured for the comprehensive update of the Zoning Code. The to incorporate best practices addressing transitions in 2027 update will include analyzing and, if appropriate, updating the Citywide Design building height and bulk for new development adjacent to Guidelines. In 2022, PBA drafted an RFP to solicit services to begin the lower density neighborhoods. community engagement phase of the project and drafting of the update. The RFP is scheduled to be released early 2023. Land Use 3.8 No Signage. Update the sign ordinance to incorporate PBA 2022- Funding was secured for the comprehensive update of the Zoning Code. The measures that reduce visual clutter 2027 update will include analyzing and, if appropriate, updating the sign code. In 2022, PBA drafted an RFP to solicit services to begin the community engagement phase of the project and drafting of the update. The RFP is scheduled to be released early 2023. Land Use 3.9 No Parking. Through City Interagency collaboration, develop PBA/ 2022 PWA continued to develop a city-wide parking plan, with expected completion parking management strategies to support the Land Use PWA in 2023. Plan and reduce dependency on single -passenger vehicles, considering the parking needs for existing development and future activity nodes, changes in automotive technologies and car usage trends, and options for City -operated facilities. Explore parking strategies through pilot projects. 25 City Council 8 — 55 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Land Use 3.10 No Code enforcement. Continue aggressive code PBA Ongoing Continued aggressive code enforcement programs and activities to maintain enforcement programs and activities to maintain community pride and promote reinvestment in Santa Ana neighborhoods. community pride and promote reinvestment in Santa Ana neighborhoods. Land Use 3.13 No Growth in focus areas. Develop incentives to promote PBA/ 2022 The General Plan Update, completed May 2022, included Interim Development development within identified focus areas. CDA standards for the Focus Areas, which incentivized projects to start without needing to wait for the Zoning Code Update. Land Use 4.2 No Housing opportunity. Monitor the effectiveness of the CDA 2022 The City updated its inclusionary housing ordinance, now known as the Housing Opportunity Ordinance and provide options for Affordable Housing Opportunity and Creation Ordinance (AHOCO), April of 2022. City Council consideration on the requirements, including The City will monitor the success of the ordinance moving forward. but not limited to requiring new affordable housing units on site and a mix of housing types at various price points. Land Use 4.3 No Public improvements in activity nodes and focus areas. PBA/ 2022 & Funding was secured for the comprehensive update of the Zoning Code and the Create a public realm plan for each activity node and focus PWA Ongoing creation of five Focus Area public realm plans. In 2022, PBA drafted an RFP to area to establish a unified vision for long-term solicit services to begin the community engagement phase of the project and improvements to streets, sidewalks, plazas, other public drafting of the update. The RFP is scheduled to be released early 2023. spaces, and placemaking elements. Identify public improvement priorities and pilot projects for each focus area and include them in the City's Capital Improvement Program. Land Use 4.8 No Mixed Use lifestyles. Establish and implement thresholds PBA 2022- Funding was secured for the comprehensive update of the Zoning Code. The in the Zoning Code to require minimum 2027 update will include analyzing and, if appropriate, requiring minimum percentage percentage of commercial uses to be included in mixed- of commercial uses as part of mixed -use projects. In 2022, PBA drafted an RFP use land use designations and in proposed to solicit services to begin the community engagement phase of the project and conversion of commercial uses to residential or mixed use drafting of the update. The RFP is scheduled to be released early 2023. projects. Mobility 3.5 Yes Safe routes to schools and parks. Develop and pursue PWA/ Ongoing In 2022,106,360 square feet of sidewalk and 6,304 feet of ADA curb ramps were implementation of a Safe Routes to School Plan and a Safe PRCSA replaced at 1,236 locations in 14 neighborhoods, improving pedestrian Routes to Parks Plan accessibility and addressing ADA accessibility. 26 City Council 8 — 56 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Mobility 4.5 Yes Citywide Design Guidelines update. Update the Citywide PBA/ 2022- Funding was secured for the comprehensive update of the Zoning Code. The Design Guidelines to strengthen pedestrian and cyclist PWA 2027 update will include analyzing and, if appropriate, updating the Citywide Design linkages to development centers and residential Guidelines. In 2022, PBA drafted an RFP to solicit services to begin the neighborhoods and coordinate on -site landscape with community engagement phase of the project and drafting of the update. The public realm landscaping. RFP is scheduled to be released early 2023. Mobility 5.8 Yes Air quality improvements. Participate in inter- PBA/ 2021- NIES staff established a working relationship with the US Attorney's Office' with jurisdictional efforts to promote improvements in air PWA 2035 the Department of Justice, appointed EJ Coordinator of the Central District - quality and to meet state and federal mandates through Amanda Bettinelli and engaged with CARB and SCAQMD jurisdictions to identify advanced technology and TDM programs processes for improving the quality of the air from concentrated industrial and manufacturing areas adjacent to residential uses. Mobility 1.1 No Cross -agency collaboration. Coordinate with external PWA Ongoing Continued to coordinate with external agencies to address the impacts of new agencies to address the impacts of new regional regional transportation projects on the local network and accommodate transportation projects on the local network and complete street practices. accommodate complete street practices. Mobility 1.2 No MPAH. Coordinate with external agencies to ensure the PWA 2022- Continued to work with Orange County Transportation Authority (OCTA) to OCTA Master Plan of Arterial Highways accommodates 2035 ensure the OCTA Master Plan of Arterial Highways accommodates the City's current and future demand for all users while prioritizing current and future needs. the safety of people utilizing non -automobile modes of transportation. Mobility 1.4 No Reduce collisions. Minimize parking from arterial streets PWA Ongoing In 2022, the City began the update of Vision Zero plan. to reduce vehicular, bicycle, and pedestrian conflicts. Mobility 1.5 No Capital Improvement Program. Prepare the annual PWA Annually Continued to prepare the annual Capital Improvement Program (CIP) to meet Capital Improvement Program that corresponds with the the City's General Plan goals and implementation actions. City's general plan goals and implementation actions Mobility 1.6 No Asset Management database. Explore the benefits of an PWA Ongoing The City utilized an asset management database for maintenance of stormwater asset management database to coordinate ongoing assets and reporting. maintenance of streets, parkway and the public realm Mobility 1.7 No Transportation network safety. Continue ITS to provide PWA Ongoing Continued ITS to provide enhanced safety and efficiency features on the enhanced safety and efficiency features on the transportation network, including traffic signal synchronization. transportation network, including traffic signal synchronization. 27 City Council 8 — 57 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Mobility 1.8 No Impact fees. Secure development impact fees and PWA 2021- PWA reviewed all submitted land development projects to determine whether dedications for project -related transportation 2035 proposed private improvements caused transportation impacts, and, where improvements during City review and approval processes. applicable, calculated and collected transportation impact fees, right-of-way dedications and transportation improvements consistent with the City's Mobility Element. Mobility 2.1 No Cross -agency planning. Work with OCTA and regional PWA/ Ongoing Continued to work with OCTA and regional transportation agencies on the Long - transportation agencies on the Long -Range PBA Range Transportation Plan and to expand bus and rail transit services, Transportation Plan and to expand bus and rail transit particularly transit priority corridors. services, particularly transit priority corridors. Mobility 2.2 No Cross -agency coordination. Coordinate with OCTA and PWA Ongoing Continued coordination with OCTA and transportation agencies to identify a transportation agencies to identify a funding, operation, funding, operation, and maintenance plan for the OC Streetcar. and maintenance plan for the OC Streetcar. Negotiated/reviewed the operations and maintenance agreement which is scheduled to commence January 2023. A funding plan will be developed based on the commitments outlined in the final agreement. Mobility 2.3 No Bus turnouts. Construct bus turnouts on arterial streets PWA Ongoing Continued to incorporate bus turnouts on arterial streets as appropriate according to OCTA design standards according to OCTA design standards. Mobility 2.4 No Freeway improvement projects. Participate in Caltrans PWA Ongoing Continued to participate in Caltrans Advisory Working Groups for freeway Advisory Working Groups freeway improvement projects improvement projects to evaluate benefits and impacts to Santa Ana local to evaluate benefits and impacts to the Santa Ana local streets. In 2022, Caltrans and OCTA began construction on the SR-55 widening streets. between the I-405 and 1-5. City staff has been involved in mitigating impacts to local infrastructure while facilitating Caltrans work. Staff will continue these cooperative efforts through to project completion. Mobility 2.5 No Grade separation. Pursue implementation of grade PWA 2022- Pursued grant funding opportunities to implement grade separation between separation between rail crossings and roadways at Santa 2035 rail crossings and roadways at Santa Ana Boulevard. Ana Boulevard, Seventeenth Street, and Grand Avenue. Mobility 3.1 No Active transportation planning. Develop and pursue PWA 2022- Staff continued to implement elements of the Active Transportation Plan as implementation of a comprehensive active transportation 2035 funding was made available. plan. Mobility 3.2 No Circulation connectivity. Close the Golden Loop network PWA/ Ongoing Continued to analyze Class 1-4 options in an effort to complete the Golden Loop between Memory Lane and Santiago Creek and between PRCSA Network. Santiago Park and Lincoln Avenue/Santiago Street. 28 City Council 8 — 58 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Mobility 3.3 No Pedestrian accessibility. Implement the City ADA PWA Ongoing PWA reviewed all submitted land development projects to determine whether Transition Plan to cost-effectively enhance pedestrian proposed private improvements caused additional need for pedestrian facilities, accessibility, with guidance from the Sidewalk and, where applicable and feasible, required improvements such as new Connectivity Plan. sidewalks and access ramps. In 2022,106,360 square feet of sidewalk and 6,304 feet of ADA curb ramps were replaced at 1,236 locations in 14 neighborhoods, improving pedestrian accessibility and addressing ADA accessibility. Mobility 3.4 No Pedestrian opportunity zones. Prepare public realm plans PWA/ 2022- in pedestrian opportunity zones PBA 2035 Mobility 3.6 No Drinking water access. Create a network of public water PWA 2022- In 2022, drinking fountains were added/replaced with new bottle fill stations at fountains / bottle fill stations that promote the City's 2035 City Hall. Staff continues to work on expanding this throughout all city facilities. award -winning water, conservation, and substitution of bottled water for affordable public drinking water Mobility 4.3 No Downtown transportation improvements. Study the CDA/ 2025 In 2021, the City entered into a new management and operating agreement with Downtown parking structure facilities, involving PWA ABM for the oversight of the City's parking structures. Several recommendations Downtown stakeholders, to identify potential operational and improvements to the facilities were completed in 2022. improvements and monitor the program. Mobility 4.4 No Residential parking. Reevaluate the Residential Permit PWA Ongoing Began reevaluation of the Residential Permit Parking Program to ensure it Parking Program to ensure it complies with state law and complies with state law and best practices. best practices. Mobility 4.6 No Safe travelways. Provide City interagency review of PWA Ongoing PWA reviewed all submitted land development projects to determine if physical improvements and related design standards proposed private improvements caused additional need for all modes of safe within travelways and the public realm travel, and, where applicable and feasible, required improvements such as new medians, driveways, parkways, trees, street lights, bike lanes, sidewalks, and travel lanes. Mobility 4.8 No Ensure safety. Utilize the City's project review processes PWA Ongoing Continued to utilize the City's Development Review Committee and to identify and maintain landscaped setbacks along public Development Project Review processes to identify and maintain landscape rights -of -way setbacks along public rights -of -way. Mobility 4.10 No Vehicle miles traveled. Maintain vehicle miles traveled PWA/ Ongoing Maintained vehicle miles traveled (VMT) guidelines in compliance with SB 743. (VMT) guidelines in compliance with SB 743 PBA Mobility 4.11 No Cross -agency coordination. Maintain ongoing PWA Ongoing Continued to maintain ongoing coordination of land use and transportation coordination of land use and transportation impacts impacts through joint powers authority agreements with adjacent jurisdictions. 29 City Council 8 — 59 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME through joint powers authority agreements with adjacent jurisdictions. Mobility 4.12 No School partnerships. Pursue partnerships with local PWA/ Ongoing Continued to pursue partnerships with local school districts to improve school districts to improve coordination of review process PD coordination of review process for new and rehabilitated school facility for new and rehabilitated school facility improvements, to improvements, to promote safe and well -designed student pick-up/drop-off. promote safe and well -designed student pick-up/drop- off. Mobility 5.1 No Safe travelways. Continue design practices that facilitate PWA Ongoing Continued design practices that facilitate the safe use of the travelways. the safe use of the travelways. Mobility 5.2 No Street designs. Participate in state and regional PWA Ongoing Continued to participate in state and regional transportation agency forums to transportation agency forums to affect policies for affect policies for universal street design standards to ensure standards are user universal street design standards to ensure standards are friendly, cost-effective, and sustainable. user friendly, cost-effective, and sustainable. Mobility 5.3 No Street improvements. Incorporate low impact PWA Ongoing In 2022, three (3) street improvement project designs incorporated stormwater development (LID) strategies to infiltrate, treat, or harvest BMPs to treat stormwater runoff, totaling 4.3-acres of treatment area. urban stormwater runoff in street improvement projects. Mobility 5.5 No Tree preservation. Re-evaluate the City's street tree PWA 2022- In 2022, the following services were performed to ensure the long term maintenance and preservation programs to ensure fiscal 2035 sustainability of our inventory of 50,000 City right -of- way trees: 110 tree sustainability and aesthetically pleasing trees over the plantings,18,565 tree were pruned. All services performed were in accordance long term. to industry standard best practices set forth by the International Society of Arboriculture (ISA). Mobility 5.6 No Traffic calming. Develop or update neighborhood traffic PWA Ongoing Continued to develop and/or update neighborhood traffic management plans to management plans to facilitate traffic calming measures facilitate traffic calming measures appropriate and reasonable for the area. appropriate and reasonable for the area. Mobility 5.9 No Rail service. Coordinate with rail and transit service PWA Ongoing Continued to coordinate with rail and transit service providers to address providers to address aesthetics, ongoing maintenance, aesthetics, ongoing maintenance, safety, and noise concerns along rail corridors. safety, and noise concerns along rail corridors. Mobility 5.10 No Street medians. Complete construction of medians on PWA 2022- Street medians constructed as part of improvement projects such as the South major arterial streets 2035 Main Street project and Flower/15th Street intersection. 30 City Council 8 — 60 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Mobility 5.11 No Underground utilities program. Continue to implement PWA 2022- Continued to underground utilities as part of projects as funds are available. In the program to underground utilities on arterial streets. 2035 2022, project plans were developed for undergrounding of utilities at Warner and Bristol streets widening projects. Staff continued to coordinate with CPUC, SCE and communications utilities to underground utilities. Current arterials are Bristol Street and Warner Avenue. Mobility 5.12 No Transportation network. Provide upkeep of the City's PWA Ongoing Continued to provide upkeep of the City's transportation network based upon transportation network based upon an established an established maintenance schedule. maintenance schedule. Noise 1.1 No City equipment. As feasible and practical, new equipment PWA/ Ongoing Continued to, as feasible and practical, procure new equipment purchased by purchased by the City will meet noise performance Finance the City that meet noise performance standards consistent with the best standards consistent with the best available noise available noise reduction technology. Increased number of electric vehicles in reduction technology. fleet and reduced number of gasoline and diesel vehicles. Noise 1.2 No OC Streetcar. Monitor implementation of mitigation PWA Ongoing The City continued to coordinate with OCTA and contractor on all aspects of the measures outlined in the Final Supplemental OC Streetcar construction, including ensuring mitigation measures are Environmental Impact Report for the OC Streetcar. implemented. City staff attend weekly construction meetings and provide oversight inspection of construction activities and NPDES compliance. Noise 1.3 No Noise evaluation. Continue to evaluate the noise impacts PBA 2022- Continued to evaluate the noise impacts of new projects during the of new projects during the development review process; 2024 development review process. consider requirements for noise analysis conducted by an acoustical specialist for projects involving land uses where operations are likely to impact adjacent noise -sensitive land uses. Noise 1.4 No Agency coordination. Continue to coordinate with PWA Ongoing Continued to coordinate with California Department of Transportation and California Department of Transportation and OCTA to OCTA to evaluate the need for sound barriers or other mitigation strategies evaluate the need for sound barriers or other mitigation along segments of the freeways and transit travel ways that impact existing strategies along segments of the freeways and transit noise -sensitive land uses. travel ways that impact existing noise -sensitive land uses. Noise 1.5 No Noise ordinance. Update the City's noise ordinance to PBA/ 2022- Funding was secured for the comprehensive update of the Zoning Code. The provide more detail about acceptable noise standards for PD 2027 update will include analyzing and, if appropriate, updating the City's noise land uses. ordinance. In 2022, PBA drafted an RFP to solicit services to begin the community engagement phase of the project and drafting of the updates. The RFP is scheduled to be released early 2023. 31 City Council 8 — 61 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Noise 1.6 No Noise mitigation in impacted areas. Evaluate options to PBA 2022 Funding was secured for the comprehensive update of the Zoning Code. The expand noise mitigation in areas that are planned for update will include analyzing and, if appropriate, expanding noise mitigation in growth but where ambient noise levels already exceed areas that are planned for growth. In 2022, PBA drafted an RFP to solicit services noise standards. to begin the community engagement phase of the project and drafting of the updates. The RFP is scheduled to be released early 2023. Noise 1.8 No Site mobility. Develop standards to ensure that on -site PBA 2022 Funding was secured for the comprehensive update of the Zoning Code. The mobility does not generate excessive noise. update will include analyzing and, if appropriate, updating on -site noise limits. In 2022, PBA drafted an RFP to solicit services to begin the community engagement phase of the project and drafting of the updates. The RFP is scheduled to be released early 2023. Noise 1.9 No Adjacent jurisdictions. Continue to monitor development PBA Ongoing Continued to monitor development projects in adjacent jurisdictions and projects in adjacent jurisdictions and comment on comment on projects with the potential for noise impacts in Santa Ana. projects with the potential for noise impacts in Santa Ana. Noise 2.2 No Freeways. Continue cooperation with Caltrans in the PWA Ongoing Continued cooperation with Caltrans in the planning of noise attenuation along planning of noise attenuation along freeways and assist freeways and assist with outreach efforts to notify residents of major projects with outreach efforts to notify residents of major projects that may impact noise levels and aesthetics. that may impact noise levels and aesthetics. Noise 2.4 No Rail coordination. Continue to work with rail owners and PWA Ongoing Continued to work with rail owners and operators to manage existing quiet operators to manage existing quiet zones, monitor safety zones, monitor safety adjacent to railroad tracks, and consider feasible adjacent to railroad tracks, and consider feasible alternatives that reduce noise. alternatives that reduce noise. Noise 2.5 No Site design and technology. Require that the parking PBA Ongoing Required that the parking structures, terminals, and loading docks of noise - structures, terminals, and loading docks of noise- generating land uses be designed to minimize the potential noise impacts of generating land uses be designed to minimize the vehicles on -site and on adjacent land uses. Encouraged and/or required feasible potential noise impacts of vehicles on -site and on adjacent technological options to reduce noise to acceptable levels. land uses. Encourage and/or require feasible technological options to reduce noise to acceptable levels. Noise 2.8 No Nuisance noise. Review all permit applications, including PBA Ongoing Reviewed all permit applications, including special use permits, for potential special use permits, for potential noise impacts. Utilize noise impacts. Utilized existing noise ordinances and anti -nuisance statutes to existing noise ordinances and antinuisance statutes to reduce the occurrence of nuisance noise violations. reduce the occurrence of nuisance noise violations. 32 City Council 8 — 62 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Noise 3.1 No Aircraft altitude standards. Continue working with the PBA Ongoing Continued working with the Federal Aviation Administration (FAA) to determine Federal Aviation Administration to determine appropriate appropriate altitude standards for aircraft flying over congested areas, taking altitude standards for aircraft flying over congested areas, into account public health and safety. taking into account public health and safety. Noise 3.2 No Helicopter noise. Continue cooperation with the Fire PBA Ongoing Continued to cooperate with the Fire Department and Metropolitan Water Department and Metropolitan Water District to minimize District to minimize noise conflicts associated with helicopter activity. noise conflicts associated with helicopter activity. Noise 3.3 No Local coordination. Work with the Airport Land Use PBA Ongoing Continued to work with the Airport Land Use Commission (ALUC) to ensure that Commission to ensure that local noise concerns are local noise concerns are proactively addressed. proactively addressed. Open Space 1.2 Yes Interagency Forum. Convene an interagency forum to PRCSA 2022 Interagency open space forum formed and holding monthly meetings to discuss take a coordinated approach to evaluating the feasibility opportunities for property acquisitions for park land. for converting City -owned properties to parkland, with special focus in park deficient and environmental justice areas. Open Space 1.7 Yes Public parkland requirements for residential projects. PBA/ 2022 Began drafting RFP to hire professional firm to analyze and update fee structure Update the Residential Development Fee Ordinance for PRCSA for residential development fees, accessory dwelling unit (ADU) fees and in -lieu large residential projects, which include projects of 100 fees. residential units or more, to require public parkland within the City limits and a 10-minute walking distance of the new residential projects. Open Space 1.7A Yes Open space and park land incentives. Allow developers a PBA/ 2022- Partnered with internal agencies to explore opportunities to acquire additional reduction in on -site open space by giving credits for park PRCSA 2027 open space. land for public use. Establish a process and program to incentivize developers to provide additional on -site and/or publicly accessible open space to create public park land and open space. Research and collaborate with residents, developers, and community organizations to design and implement an open space density bonus to incentivize the creation of additional on -site open space in exchange for more density in the project. 33 City Council 8 — 63 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Open Space 1.10 Yes New parkland collaborative. Coordinate with property PRCSA 2022 & Created an internal open space forum where there is regular interagency owners to explore options to provide public access and Ongoing discussion about potential open space acquisition. programming on privately -owned open space in park deficient areas, including options to acquire land through purchase, land dedication, easements, and land leases that would allow for permanent or temporary public use of land for open space and recreational opportunities. Open Space 1.11 Yes Joint -use agreements. Coordinate with public school PRCSA 2022 & Re -instituted the Joint School Collaboration City Council Subcommittee and districts, private schools, and other community Ongoing Technical Advisory Committee with the Santa Unified School District (SAUSD) for organizations to provide community members with access the purpose of discussing joint use policy and working with staff on creating a to additional open space and recreational resources. master joint -use agreement between the City and the SAUSD. Open Space 1.13 Yes New programming in underserved areas. Partner with PRCSA 2022 Acquired recreation transport vehicle to bring recreational opportunities to community organizations to offer new programs that are underserved locations and park poor neighborhoods throughout the City. accessible to residents who live in areas underserved by Worked with Library, Zoo and Water agencies to caravan and provide services. open space and recreational facilities. Develop a comprehensive partnership policy providing guidelines that can be used throughout the City organization. Open Space 1.14 Yes Community partnerships. Continue building partnerships PRCSA Ongoing Santa Ana Collaborative was developed out of the Community Education section with community -based organizations that administer in PRCSA and now boast 20 CBO's that work alongside the City. First Resource is social services to the elderly, youth, and other special planned for March 2023. needs groups; create use agreements for these providers to use public park facilities to meet the recreational and educational needs of these groups. Open Space 1.1S Yes Community input. Identify and utilize multilingual and PRCSA 2022 City Council meetings were broadcasted in both English and Spanish. There was interactive community engagement tools, initiated a concerted effort to communicate in English, Spanish, and Vietnamese in all through the Parks and Recreation Master Plan, for marketing collateral including the newly re -imagined quality of life brochure. residents and facility users to provide ongoing input about open space needs, park design, facility improvements, and programming 34 City Council 8 — 64 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Open Space 1.16 Yes Acquisitions to meet park standard. Using the Park PRCSA 2022 & Acquired seven of nine parcels to create a new park at 10th and Flower streets. Master Plan as guidance, identify and acquire property ongoing Acquired parcels along Bristol Street. In partnership with Water Department within the City for park and open space use which will acquired property at 1st and Mountainview. focus on bringing the park and recreation system to three acres of land per 1,000 residents with a plan to keep pace with future urban growth. Open Space 1.1 No Park needs assessment and master plan. Create, adopt, PRCSA 2022 Park Master Plan completed and adopted May 2022. and implement a park needs assessment and master plan, based on community input, defining park service areas according to best practices, establishing a service area for each park facility, creating a tool to evaluate needs and prioritize improvements by quadrant or appropriate geographic subarea, and maintaining a list of priorities for the expansion and improvement of open space and recreational facilities in each quadrant or geographic subarea to attain a park land standard of three acres per 1,000 residents. Open Space 1.3 No Annual Open Space Summit. Convene an annual forum to PRCSA 2023 & Through the intra-agency open space forum, programmed future discussions bring together City interagency staff, community leaders, Ongoing and logistics of conducing Open Space Summit to mark one-year mark of Parks and private enterprise to establish goals for park Master Plan adoption. acquisition and review a status report of metrics associated with progress. Open Space 1.4 No No -net -loss of parkland. Establish land use provisions in PRCSA 2022 Continued working with the Water Department to establish new business the Municipal Code that prevent a net loss of public practice to offset properties lost to waterfacilities placed within park designated parkland in the City of Santa Ana. Require at least a 1:1 areas. replacement if there is any loss of public parkland or City - owned open space due to public or private development. Open Space 1.5 No Park Opportunity Fund. Incorporate General Funds, PRCSA 2022 & Created an activity unit specifically for funds dedicated to property acquisition cannabis revenues, and private donations into an ongoing to enhance and grow park system. established Park Opportunity Fund to leverage for matching grants and have monies available when opportunities arise for new park acquisition. 35 City Council 8 — 65 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Open Space 1.6 No Development fees. Update the City's Acquisition and PRCSA 2022 Began drafting RFP to hire professional firm to analyze and update fee structure Development Ordinance to increase the parkland for residential development fees, accessory dwelling unit (ADU) fees and in -lie dedication requirements to meet three acres of parkland fees. per 1,000 residents. Require that fees collected in place of parkland dedication to be utilized to acquire or expand facilities within geographic proximity to new development or parkland deficient areas. Open Space 1.8 No Park Foundation. Establish a 501(c)(3) Parks and PRCSA 2023 & Began process of forming intra-agency task force to discuss creation of a 501(c)3 Recreation Foundation to establish fundraising support ongoing Parks and Recreation Foundation. for Santa Ana's park system. Identify communication protocols, roles and responsibilities, and bylaws. Open Space 1.9 No Right-of-way use. Coordinate with public agencies, PRCSA/ Ongoing Continued to work internally and coordinate with other public agencies, railroads, and utilities to determine the feasibility of PWA railroads, and utilities to determine the feasibility of use of right-of-way for acquiring the use of rights -of -way for restricted use by the public use. Santa Ana Youth Commission participated in a Walking Audit with public. OCHCA and PWA. Open Space 1.12 No Santa Ana River. Update the Santa Ana River Vision Plan PRCSA/ 2024 State Coastal Conservancy funds were received which enabled the renovation of to expand opportunities to reintroduce natural elements, PWA the 17th Street Triangle rest stop alongside the Santa Ana River. Continued to increase habitat, and provide more recreational explore opportunities to provide additional open space alongside the Santa Ana opportunities. River. Open Space 2.2 No Enhanced safety features. Provide enhanced lighting, PRCSA 2022 Added security cameras to six park sites. Upgraded lighting at six park sites and cameras, or other security features that would enhance the Pacific Electric Bike Trail. New security company retained with expanded the safety or perceived safety of parks, trails, and other hours, enforcement capabilities, and enhanced force to make repeated visits to public spaces; seek grant funding to improve safety park sites. Installation of first Park Host at Thornton Park. measures and program facility improvements into the Capital Improvement Program each year. Open Space 2.3 No Park Patrol. Provide continuous evaluation of existing PRCSA 2022 Added security cameras to six park sites. Upgraded lighting at six park sites and security program and look at ways to enhance and the Pacific Electric Bike Trail. New security company retained with expanded strengthen; consider formation of neighborhood watch hours, enforcement capabilities and enhanced force to make repeated visits to group, park host, or other similar program. park sites. Installation of first Park Host at Thornton Park. 36 City Council 8 — 66 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Open Space 2.4 No Public notification. Prior to treating areas in the city with PRCSA/ 2022 Developing "Park Services" component of PWA website to post online pesticides or herbicides, inform the public through PWA notifications. Creation of site specific signage that will be posted in impacted signage posted in impacted areas, direct mailers, and areas. announcements on the City website, cable channels, publications, and the City's social media platforms. Open Space 2.5 No Healthy amenities. As facilities are upgraded, include PRCSA 2021 & Completed ten Fitness Courts throughout Santa Ana. Shade structures to be amenities that improve the health and wellness of ongoing installed in 2023 to compliment the Fitness Court areas. Aquatics programming residents, including hydration stations and shading made an internal service, making available four out of the five aquatic centers. devices. Open Space 2.6 No Healthy indoor options. Explore options to incentivize or PRCSA 2023 Continued to be active at Neighborhood Association meetings to collect require the provision of indoor recreation space, community feedback park design and programming during the park planning particularly in environmental justice areas that experience process. high levels of exposure to air pollution. Open Space 2.9 No Hours of operation. Evaluate hours of operation for parks, PRCSA 2022 Park hours of operation were evaluated and new park hours signs are in the community centers, and other facilities. Consider the process of being fabricated. Recreation and Community Center hours were option to extend hours of operation to meet community optimized based on community need. needs. Open Space 2.10 No Evaluate programming. Evaluate recreational PRCSA 2022 & Citywide survey conducted as part of development of the Parks Master Plan that programming through participant service assessment and annually inquired about recreational programming, events and facilities. Also, quality of online public opinion surveys on a periodic basis to life brochure featuring Library, Zoo and Recreation Services released featuring identify needed and desired programs. multiple QR codes seeking feedback from the community on what services they want. Open Space 2.11 No Program and facility fees. Evaluate program and facility PRCSA 2022 & Completed a Financial Sustainability Study that informed the Department on rental fees to ensure that programming is sustainable, and ongoing Rate of Investment, Cost Recovery, and Invest/Divest from certain areas of fees are equitable and appropriate. programming. Open Space 3.1 No Park and facility maintenance resources. Evaluate and PRCSA 2022 Following the transition of Park Maintenance Division from the PRCSA to PWA, identify the funding, staffing and resources needed to Park Maintenance Superintendent conducted an analysis of the division's provide quality preventative and routine maintenance for organizational structure and will seek to add additional positions and service existing sites as well as planned parks and facilities. enhancement contracts in FY 2023/2024 to augment current park service practices. 37 City Council 8 — 67 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Open Space 3.2 No Deferred maintenance. Assess the condition of parks and PRCSA 2022 & Using facility assessments done during the Park Master Plan development, facilities, identifying deficiencies, repairs and ongoing continued to address deferred maintenance in park system. replacements needed, including cost estimates. Include facility improvements in the Capital Improvement Program. Open Space 3.3 No Asset management. Forecast and track facility lifecycle to PRCSA 2022 & Following Parks Services transition to the PWA, began to explore ways to utilize plan for the ongoing needs for park and landscaping ongoing PWA's existing asset management system for Park assets. renovations and replacement. Open Space 3.4 No Green infrastructure. Identify and apply funds to PRCSA 2022 & Continued to practice green design, such as waterwise planting, drip irrigation implement environmental design practices such as ongoing and stormwater capture and treatment. integrating and maintaining native plants, additional trees, bioswales, and other natural and green infrastructure into targeted sites to support sustainability, reduced water and maintenance costs, natural resource protection, environmental education/interpretation, and connections to nature Open Space 3.5 No Urban Forestry Plan. Coordinate with other City agencies PRCSA 2022 & In 2022, drafted a RFP to hire consultant to create an Urban Forestry Plan for to develop, implement and maintain a citywide tree ongoing park system. preservation ordinance and Urban Forestry Plan for parks and open space that provides air pollution mitigation, microclimate modification, noise reduction, and offers an area of recreation, rest, and education. Public 1.4 Yes Fiscal priorityfor public improvements. Identify City fiscal CMO 2021 & Staff worked with City's Budget Manager to schedule a segment of community Services and operational procedures and potential thresholds annually budget meetings in EJ areas, provide interpreting in English/ Spanish, and bring involved in the prioritization of general funds for public translated material to ensure community members fully participate in the City programming, service, or infrastructure improvements for budget process. residents living within environmental justice area boundaries. 38 City Council 8 — 68 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Public 1.1 No Equityaudit. Conduct an audit of the equitability of where PRCSA/ 2023 Through the Parks Master Plan development plan process, an assessment was Services and how public facilities and services are provided PWA conducted to determine where to locate public facilities and services throughout throughout the city; develop and implement an action the City in an equitable manner. plan to improve the equitability of the provision of public facilities and services based on the findings of the audit. Public 1.3 No Development impact fees. Conduct a review of the City's PWA 2022 PWA planned for the initiation of a development impact fee study in FY Services development impact fees to determine if changes in the 2023/2024 to determine fair share costs for land development projects. amount of fees are warranted to adequately offset additional strain on existing infrastructure systems. Public 1.5 No Public -private partnerships. Explore methods to upgrade PRCSA 2022 Contracted with Playful Learning Landscapes for installation of park elements at Services public facilities and services through public -private Madison Park, CommonGoal for the installation of a mini -pitch at Cesar Chavez partnerships. Campensino Park, and Project Backboard for artistic overlay at Portola Park. Public 1.6 No Capital Improvement Program. Conduct annual review PWA Ongoing Continued to conduct annual review and update of the CIP to ensure adequate Services and update of the Capital Improvement Program to and timely provision of public facility and municipal utility provisions. Implement ensure adequate and timely provision of public facility and the CIP annually in alignment with Planning Commission consistency and municipal utility provisions. Citywide budget adoption, as well as amend the CIP as -needed throughout the FY to add funds for additional project/scope delivery. Public 1.7 No Infrastructure master plans. Perform periodic PWA Ongoing Continued to implement Park Master Plan project recommendations and plan Services (approximately every 10 years) water/sewer resource for the performance of master plan updates. Storm drain master plan has been studies and master plans to identify deficiencies and updated within the last 10 years to identify project areas and seek funding for deferred maintenance for the city's infrastructure implementation. systems, including cost estimates; develop nexus calculations to determine new development's fair share cost to upgrade infrastructure systems Public 1.8 No Secondary use of City -owned infrastructure. Identify City PWA 2023 Continued work toward identifying lots for acquisition to accommodate Services water facilities that can accommodate recreation and/or recreation and/or public art amenities. public art amenities Public 1.9 No Alternative energy for water resources. Identify projects PWA 2022 In 2022, PWA identified alternative energy projects and began working toward Services from the completed Alternative Energy Feasibility Study finalizing designs. for water resources, to be included in the Capital Improvement Plan. 39 City Council 8 — 69 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Public 2.9 No Comprehensive Safe Schools Plan. Coordinate with local PWA 2030 Continued to implement elements of the existing Safe Routes to School Plan as Services school districts on an ongoing basis to assist in the review funding becomes available. and update of a Comprehensive Safe School Plan for each school in Santa Ana. Public 2.16 No Urban vehicle study. Work with emergency responders to PD/ Ongoing The City's Development Review Committee continues to review proposed Services ensure that vehicles can efficiently navigate an OCFA development projects to ensure compliance with emergency vehicle access increasingly urban environment with narrower lanes and standards. tighter turn radii. Evaluate all new development projects to ensure emergency vehicle accessibility. Public 3.1 No Stormwater management. Require all new development PWA Ongoing In 2022, the City verified installation of stormwater infiltration or treatment Services and significant redevelopment projects within the city to BMPs at eleven (11) new development and significant redevelopment projects, incorporate best management practices for stormwater totaling 26.9-acres of treatment area. capture and treatment per municipal NPDES (National Pollutant Discharge Elimination System) permit requirements. Public 3.2 No Urban runoff mitigation. Require new development and PWA Ongoing In 2022, the City verified installation of stormwater infiltration or treatment Services substantial remodels to prepare and submit an urban BMPs at eleven (11) new development and significant redevelopment projects, runoff mitigation plan to the City's Engineering Division. totaling 26.9-acres of treatment area. Public 3.5 No Utility improvements. Prepare a study to inform PWA 2021 & PWA planned for the initiation of a development impact fee study in Fiscal Year Services determining the fair share costs of necessary water, ongoing 2023/2024 to determine fair share costs for land development projects. sewer, and storm drain improvements for projects in land use focus areas. Public 3.6 No Wastewater treatment. Continue to collaborate with PWA Ongoing Continued to collaborate with regional partners to capture, treat, and recycle Services regional partners to capture, treat, and recycle wastewater. wastewater. Public 3.7 No Water quality. Continue participation in international PWA Annually In 2022, the City participated in international taste competitions to foster Services taste competitions to foster awareness of high -quality awareness of high -quality public water and community pride. public water and community pride. Public 3.8 No Water quality report. Continue to publish the annual PWA Ongoing Continued to publish the annual water quality report on the City's website and Services water quality report on the City's website and advertise it advertise it to the community. to the community. 40 City Council 8 — 70 3/21/2023 TIME ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY 2022 UPDATE FRAME Public 3.9 No Emergency water. Coordinate with neighboring water PWA Ongoing Continued to coordinate with neighboring water utilities to continue multiple Services utilities to continue multiple emergency interconnection emergency interconnection practices and maintain mutual aid program practices and maintain mutual aid program participation. participation. Public 3.10 No Water -efficient programs. Continue to collaborate with PWA Ongoing Continued to collaborate with regional water agencies to promote and provide Services regional water agencies to promote and provide resources and rebates for the installation of water -efficient fixtures and resources and rebates for the installation of water- landscapes. efficient fixtures and landscapes. Public 3.11 No Service rates. Continue to perform periodic PWA Ongoing Continued to evaluate cost of service and rates to retain prudent affordable Services (approximately every five years) cost of service studies water and sewer rates. and recommend prudent affordable water and sewer rates. Public 3.12 No Infrastructure funding. Continue to pursue grant funding PWA Ongoing In 2022, the City was awarded $9.55 million of competitive statewide grant Services and low-cost loans for improving and upgrading the water funding for flood reduction and stormdrain upgrade projects from the California and sewer systems. Natural Resources Agency and Department of Water Resources. Public 3.14 No Technology upgrades. Prepare a schedule of technology PBA/ 2022- In 2022, PBA continued working with its selected vendor, Avolve, to establish an Services upgrades and necessary resources to expand online Finance 2024 electronic plan check system to streamline review and facilitate online plan services that maximize economies of scale and inter- submittal. The system is expected to be live March of 2023. department solutions. Upgrades should include both physical and process improvements, such as establishing electronic plan checking, the digitization of City records and the citywide records management process, and online appointment scheduling system. Safety 2.4 Yes Lead contamination. Work with local and regional PBA/ Ongoing In 2022, NEIS staff established partnerships with OCHCA, OCE1, and UCI to seek partners, such as Orange County Environmental Justice, CDA out funding/grants to further studies and remediation projects related to lead Orange County Health Care Agency and University of pollution and blood lead testing. NIES staff have met OCHCA and CDPH-selected California at Irvine Public Health, to understand the residential lead abatement contractor Azure Community Development to plan prevalence, sources, and implications of lead for providing residential testing and abatement for 50 Santa Ana households. contamination of soil across Santa Ana. Collaborate with environmental justice stakeholders in proposing solutions to remove hazardous lead -contaminated soils in the city and with benchmarks to measure and track effectiveness of proposed programs. 41 City Council 8 — 71 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Safety 1.1 No Agency coordination. Communicate with FEMA annually PBA Ongoing The California Department of Water Resources (CDWR) is the agency contracted regarding updates to Flood Insurance Rate Maps and by FEMA to manage compliance with FEMA standards. The City communicated Letter of Map Revisions. with CDWR representatives and determined there were no changes to the maps in 2022. Safety 1.2 No Flood resistant buildings. Require that new structures in PBA Ongoing Continued to require that new structures in a 100-year floodplain be sited and or near a 100-year floodplain be sited and designed to be designed to meet all applicable codes and standards. flood resistant and not inhibit flood flows. Retrofit existing critical facilities within the floodplain to maintain structural and operational integrity during a flood. Safety 1.3 No Best Practices. Periodically review county, state, and PBA/ Ongoing Continue to review county, state, and federal flood control best practices and federal flood control best practices and incorporate PWA incorporate appropriate standards into the Municipal Code. appropriate standards into the Municipal Code. Safety 1.5 No Grants. Work with the Orange County Flood Control PWA Ongoing In 2022, the City was awarded $5.75 million of competitive statewide grant District to apply for grants that provide funding for local funding for flood reduction and stormdrain upgrade projects from the California drainage controls. FEMA's Hazard Mitigation Grant and Natural Resources Agency and Department of Water Resources. The City also Flood Mitigation Assistance Programs and Predisaster nominated six (6) flood control channel improvement projects to the Orange Mitigation Program, CaIEPA, and the State Water County Flood Control District's Capital Improvement Program. Resources Control Board offer grants to municipalities throughout California. Safety 1.6 No On -site stormwater mitigation. Require new PWA Ongoing PWA reviewed all submitted land development projects to ensure that proposed development and significant redevelopment projects in private improvements were consistent with all laws, policies and guidelines as it the city to implement best management practices for on- relates to storm water runoff quality. If applicable, developments were required site stormwater retention, where feasible, and other low- to submit a storm Water Quality Management Plan (WQMP) for review and impact development stormwater infrastructure to reduce approval. The WQMP defines a variety of watertreatment methods and ongoing runoff and encourage groundwater recharge. maintenance requirements required of private developments. In 2022, the City verified installation of stormwater infiltration or treatment BMPs at eleven (11) new development and significant redevelopment projects, totaling 26.9-acres of treatment area. 42 City Council 8 — 72 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Safety 1.7 No Storm Drains. Continue to maintain and seek PWA Ongoing PWA reviewed all submitted land development projects to determine whether opportunities to upgrade the City's storm drain systems, proposed private improvements caused additional storm runoff, and where where needed, with an emphasis on historical flooding applicable and feasible, required storm drain system mitigations. In 2022, the areas. This includes regular maintenance and cleaning of City was awarded $9.55 million of competitive statewide grant funding for flood storm drains and other flood control structures so that reduction and stormdrain upgrade projects from the California Natural stormwater can be effectively conveyed, and upgrading Resources Agency and Department of Water Resources. The City also removed the storm drain system where it is known to be approximately 94 tons of material from the stormdrain system. undersized. Safety 2.2 No Sensitive use protection. Consider legislation to prohibit PBA 2022 In December of 2022, the City Council approved an ordinance to require noxious new facilities involved in the production, use, storage, uses that require a permit from a regional, state, or federal agency to discharge, transport, or disposal of hazardous materials near existing emit, or store chemicals or other regulated substances that are located within land uses that may be adversely impacted by such 500 feet of a sensitive receptorto obtain a conditional use permit. The ordinance activities. Prohibit new sensitive facilities near existing also made violations of permitting agency's codes a violation of the City's sites that use, store, or generate hazardous materials. Municipal Code, enabling the City to take enforcement action against repeat violators. Safety 2.3 No Waste drop-off facilities. Continue to promote off -site PWA Ongoing The City continued to educate residents on the annual no cost Used Oil Filter hazardous materials and/or electronic waste drop-off. Exchange Event conducted during May and June, through the Quarterly Santa Ana Green Newsletter and direct mail postcards. The City, through its waste hauler, conducted an Annual Household Hazardous Waste Drop -Off event and educated residents through the Quarterly Santa Ana Green Newsletter and direct mail postcards. The City continued to educate residents on the Orange County Household Hazardous Waste (HHW) Collection Centers through the Quarterly Santa Ana Green Newsletter. The City direct mails annual Program Service Guides to all residents, and the City's website contains information on these programs. Safety 3.6 No Earthquake Vulnerability Assessment. Identify resources PBA 2022 In 2022, the City budgeted resources to solicit services from professional to conduct an inventory of private buildings that may be engineering firms to conduct a survey of buildings vulnerable to earthquake particularly vulnerable to earthquake damage, including damage. The RFP is scheduled to be released early 2023. pre 1940s structures and homes with cripple wall foundations. 43 City Council 8 — 73 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Safety 4.1 No Coordination. Continue to collaborate internally and with PBA/ Ongoing Continued to collaborate internally and with adjacent jurisdictions, appropriate adjacent jurisdictions, appropriate agencies, and the PWA agencies, and the Orange County ALUC as needed on development applications Orange County Airport Land Use Commission as needed and ongoing programs affecting land use and development, affordable housing, on potential development applications and ongoing transportation, infrastructure, resource conservation, environmental quality, programs affecting land use and development, affordable and John Wayne Airport operations and improvement plans. housing, transportation, infrastructure, resource conservation, environmental quality, and John Wayne Airport operations and improvement plans. Safety 4.2 No Airport regulations and plans. Continue to comply with PBA/ Ongoing Continued to comply with FAA and adhered to the John Wayne Airport Land Use Federal Aviation Regulations and adhere to the John PWA Compatibility Plan, ensuring the safety of airport operations and of those living, Wayne Airport Land Use Compatibility Plan to ensure working, and going to school in Santa Ana. future development ensures the safety of airport operations and of those living, working, and going to school in Santa Ana. Safety 4.3 No Development code standards. Maintain and update as PBA 2022- Funding was secured for the comprehensive update of the Zoning Code. The necessary the development code to incorporate 2027 update will include analyzing and, if appropriate, updating standards to ensure appropriate requirements and standards to ensure airport airport safety and compatibility. In 2022, PBA drafted an RFP to solicit services safety and compatibility. to begin the community engagement phase of the project and drafting of the update. The RFP is scheduled to be released early 2023. Urban Design 1.1 No Public art program. Collaborate with the Arts Director and PBA/ 2022 The City's Arts Commission continued to evaluate and recommend strategies for Commission to develop a citywide public art program. CDA the Arts and Culture Master Plan implementation. Public art fee is a regularly Pursue public art grant -funding opportunities. Evaluate discussed item that could be considered by City Council in the near future. the feasibility of revising the development standard to require public art as part of new development projects and/or imposing a public art impact fee on new development projects. Urban Design 1.2 No Design guidelines. Update or develop design guidelines PBA 2022- Funding was secured for the comprehensive update of the Zoning Code and that direct architectural design, building siting and 2027 creation of five public realm plans. The updates will include analyzing and, if orientation, neighborhood identity including appropriate, updating the design guidelines and placemaking elements. In 2022, monumentation, wayfinding, placemaking elements, and PBA drafted an RFP to solicit services to begin the community engagement phase other public realm features for transit -oriented and higher of the project and drafting of the update. The RFP is scheduled to be released intensity areas. early 2023. 44 City Council 8 — 74 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Urban Design 1.3 No Signage. Update the zoning code sign regulations to PBA 2022- Funding was secured for the comprehensive update of the Zoning Code. The incorporate best practices to establish a cohesive identity 2027 update will include analyzing and, if appropriate, updating the sign regulations and visually appealing integrated development or district. to incorporate current best practices. In 2022, PBA drafted an RFP to solicit services to begin the community engagement phase of the project and drafting of the update. The RFP is scheduled to be released early 2023. Urban Design 1.4 No Public Safety Through Environmental Design. Educate PBA/ Ongoing The City continued to implement aspects of public safety through environmental City staff on "public safety through environmental design" PD design through the Development Review Committee's review of new principles by sponsoring participation in workshops. development applications. Update existing design guidelines and require any new design guidelines to include public safety through environmental design best practices. Avoid aspects of public safety through environmental design that privatize or segregate open space areas, recreation facilities, and neighborhoods. Urban Design 2.1 No Emerging technology. Consider updating the zoning code PBA/ 2022- Funding was secured for the comprehensive update of the Zoning Code. The to require mixed -use and multifamily residential projects PWA 2027 update will include analyzing and, if appropriate, updating the parking standards to incorporate on -site lanes/spaces for transportation and incorporation of on -site lanes/spaces for transportation network network companies (TNC) and other emerging companies. In 2022, PBA drafted an RFP to solicit services to begin the technologies. As parking demand begins to outstrip community engagement phase of the project and drafting of the update. The parking supply in established business districts, conduct RFP is scheduled to be released early 2023. curbside management studies to identify pick-up and drop-off areas for TNC services to maintain the character of historic and established districts; reduce parking demand; limit vehicle idling, searching, and circling; and encourage pedestrian activity. Urban Design 2.2 No Creative expression. Amend the zoning code to update PBA 2022- Funding was secured for the comprehensive update of the Zoning Code. The the front yard fence requirements to address innovative 2027 update will include analyzing and, if appropriate, updating the front yard fence designs and neighborhood characteristics. requirements to address innovative designs and neighborhood characteristics. In 2022, PBA drafted an RFP to solicit services to begin the community engagement phase of the project and drafting of the update. The RFP is scheduled to be released early 2023. 45 City Council 8 — 75 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Urban Design 2.3 No Billboards. Amend the zoning code to update the PBA 2022- In June of 2022, the City Council approved an update to the Billboard Ordinance Billboard Ordinance to reflect current advertising 2027 recognizing the modernization of the advertising medium and permitting the practices and capitalize on the freeways that run through construction of new billboards along portions of the City that are not adjacent the city. to landscaped freeways. Urban Design 3.1 No Corridors. Update the zoning code to require new PBA 2022 Funding was secured for the comprehensive update of the Zoning Code. The development projects or major renovations along arterial update will include analyzing and, if appropriate, updating the landscape roadways to meet the City's landscape standards and to standards for arterial roadways. In 2022, PBA drafted an RFP to solicit services reflect of the identity and values of the adjacent to begin the community engagement phase of the project and drafting of the neighborhoods. update. The RFP is scheduled to be released early 2023. Urban Design 3.2 No Multimodal transit facility design. Develop a unique PBA/ 2022- Funding was secured for the development of five public realm plans for the public realm plan for the land use focus areas and transit PWA 2027 General Plan Focus Areas. In 2022, PBA drafted an RFP to solicit services to begin facilities to guide the design of landscape, hardscape, and the community engagement phase of the project and drafting of the plans. The amenities to promote walkability and linkages to all RFP is scheduled to be released early 2023. modes of transportation, consistent with the City's Active Transportation Plan. Urban Design 3.3 No Bicycle parking. Update design guidelines for safe and PBA/ 2022- Funding was secured for the comprehensive update of the Zoning Code. The secure bicycle parking, and promote bicycle access for CDA 2027 update will include analyzing and, if appropriate, updating the existing bicycle special events. Explore options to update the zoning code parking requirements. In 2022, PBA drafted an RFP to solicit services to begin to require secure bicycle parking for any new the community engagement phase of the project and drafting of the update. The development project that also has a parking requirement. RFP is scheduled to be released early 2023. Urban Design 3.4 No Cross -access. Amend the zoning code to require PBA 2022- Funding was secured for the comprehensive update of the Zoning Code. The reciprocal access on commercial development projects 2027 update will include analyzing and, if appropriate, updating commercial adjacent to other commercially zoned developments. development standards to require reciprocal access to limit travel mode conflicts. In 2022, PBA drafted an RFP to solicit services to begin the community engagement phase of the project and drafting of the update. The RFP is scheduled to be released early 2023. Urban Design 3.5 No Public realm impact fees. Create and implement public PWA/ 2022 Funding was secured for the comprehensive update of the Zoning Code and five realm improvement impact fees to fund development and PBA public realm plans. The update will include analyzing and, if appropriate, construction of public realm plan improvements. establishing impact fees to fund the development of the public realm plans. In 2022, PBA drafted an RFP to solicit services to begin the community engagement phase of the project and drafting of the updates. The RFP is scheduled to be released early 2023. 46 City Council 8 — 76 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Urban Design 3.6 No Linear parks and trails. Within the parks master plan, PRCSA 2022 In 2022, the City acquired various parcels along Bristol Street to create linear address needs for off-street trails, including new linkages park system. The City also installed lighting along the Pacific Electric and Flower and linear park improvements, such as lighting, security Bike Trails, and created the Lincoln Avenue pedestrian trail from the Park features, signage, and enhanced landscaping. Santiago Neighborhood into Santiago Park. Urban Design 3.7 No Streetscape Improvements. Collaborate with community PBA/ 2022- Funding was secured for the development of five public realm plans for the organizations to conduct a citywide windshield study to PWA 2027 General Plan Focus Areas. In 2022, PBA drafted an RFP to solicit services to begin identify arterial streets or corridors in most need of the community engagement phase of the project and drafting of the plans. The comprehensive streetscape improvements. Identify RFP is scheduled to be released early 2023. funding or resources to complete Public Realm Plans for these corridors to enhance the pedestrian experience, amenities, safety, sense of place and aesthetics. Urban Design 4.1 No Museum District. Continue to enhance and develop PBA/ 2022 Funding was secured for the comprehensive update of the Zoning Code and five policies and design standards for the Museum District to CDA public realm plans. The update will include analyzing and, if appropriate, encourage private and public improvements that promote updating the design and development standards for properties located in the the arts, education, culture, and activity centers Museum District. In 2022, PBA drafted an RFP to solicit services to begin the community engagement phase of the project and drafting of the updates. The RFP is scheduled to be released early 2023. Urban Design 4.2 No Channels. Explore opportunities to reestablish waterways PWA/ 2025 In collaboration with Orange County Flood Control, development is underway for recreational and educational purposes. PRCSA for a new bike trail along the Santa Ana Gardens Flood Control Channel. Urban Design 4.3 No Allowable uses. Expand the types of outdoor uses in PBA 2022- The City's Development Review Committee continues to seek opportunities for public spaces to allow for additional social activities and 2027 programmable open space that is accessible to the public in all new residential community -focused entertainment. and mixed -use developments. Urban Design 4.4 No Community advertising. Explore options to incorporate PBA/ 2022 Economic Development Division staff released a request for proposals for digital digital signage or advertisements that promote PWA/ kiosks in the City. Evaluation and possible implementation scheduled for 2023. community activities on small-scale structures such as bus CDA shelters or trash receptacles. 47 City Council 8 — 77 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME 2022 UPDATE FRAME Urban Design 4.5 No Emerging technologies. Collaborate with wireless and PRCSA/ 2024 In 2022, the City incorporated EV Charging Stations in public parking lots, technology companies to create wireless charging areas in PWA installed communication marquees at seven major facilities to provide public public spaces. Evaluate the feasibility of installing solar- information announcements, and created the MySantaAna App that enables powered charging stations. Evaluate the feasibility of residents to report issues and request service. providing free public WiFi in select park areas and public plazas. In the parks master plan include consideration for adapting public spaces to respond to changes in the way residents live and interact with their environment as a result of emerging technologies. Urban Design 5.1 No Landscaping at focus intersections. Develop landscape PBA 2022- Funding was secured for the comprehensive update of the Zoning Code and five design standards for developments adjacent to or at focus 2027 public realm plans. The update will include analyzing and, if appropriate, intersections. updating the design and development standards for properties adjacent to focus intersections. In 2022, PBA drafted an RFP to solicit services to begin the community engagement phase of the project and drafting of the updates. The RFP is scheduled to be released early 2023. Urban Design 5.2 No Public art at focus intersections. Explore a collaborative CDA 2023 In 2022, the Arts and Culture Office staff continued to collaborate with school program with schools, nonprofit organizations, and local districts and local artists to install public art in the City. One example was the artists to create and maintain public art in public spaces. 2022 Willits and Sullivan Beautification project, which celebrated the first sculpture commissioned bythe Arts and Culture office. This sculpture was a joint collaboration with the City, Santa Ana Unified School district and the local neighborhood associations. Urban Design 5.3 No Placemaking elements at focus intersections. Coordinate PWA/ 2022- In 2022, the City completed construction of sidewalk and infrastructure street signage and branding at focus intersections, PBA 2027 improvements at focus intersections as part of the South Main Street consistent with public realm plans and district identity. Improvements project. Urban Design 6.2 No Natural landmarks. Update the Santa Ana River Vision PRCSA 2024 In 2022, a historical marker at Ed Caruthers Park commemorating the El Refugio Plan to develop the Santa Ana River and Santiago Creek as Adobe, Santa Ana's oldest known residence, was approved. It is scheduled to be natural landmarks within the city. installed in early 2023. Additionally, the historic Gas House at Santiago Park was restored as part of the west end redevelopment project. 48 City Council 8 — 78 3/21/2023 ELEMENT REF # EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2022 UPDATE Urban Design 7.2 No Gateway impact fee. Consider amending the zoning code PBA/ 2022 Funding was secured for the comprehensive update of the Zoning Code and five to require projects within proximity of a defined city PWA public real plans. The update will include analyzing and, if appropriate, updating gateway to incorporate gateway design features. If the the design and development standards for properties located along gateways to development project is unable to integrate such features incorporate gateway design features. In 2022, PBA drafted an RFP to solicit on -site, an in -lieu fee may be paid into a gateway fund. services to begin the community engagement phase of the project and drafting of the updates. The RFP is scheduled to be released early 2023. 49 City Council 8 — 79 3/21/2023 ATTACHMENT B dnraelomn s,nar , ANNUAL ELEMENT PROGRESS REPORT Note:"t"Indlwtes an optional field RaP 9va,r razz (J,,.f-Da. ai) Housing Element Implementation C,Ils in greycontam autowkule- —1. Plennlne Perlatl Bin C.cle Table A Housing Development Applications Submitted .: .: ® ...... U.lts —Id.bllfty by Household 1,co,es ® ®® aao aaloo00® City Council 8 — 80 3/21/2023 J 1r dl— saner a ANNUAL ELEMENT PROGRESS REPORT Note:"t"Indlwtes an optional field RaP 9v1er razz (Jan.f -Da. ai) Housing Element Implementation Cella in greycontam autowkule- Table A Housing Development Applications Submitted .: .: ® ...... U.lts —Id.bllfty by Household 1,co,es ® ®® aao aaloo00® City Council 8 — 81 3/21/2023 J 1r dl— saner a ANNUAL ELEMENT PROGRESS REPORT Note:"t"Indlwtes an optional field RaP 9v1er razz (Jan.f -Da. ai) Housing Element Implementation Cella in greycontam autowkule- Table A Housing Development Applications Submitted .: .: ® ...... U.lts —Id.bllfty by Household 1,co,es ® ®® aao aaloo00® loom City Council 8 — 82 3/21/2023 J 1r dl— saner a ANNUAL ELEMENT PROGRESS REPORT Note:"t"Indlwtes an optional field RaP 9v1er razz (Jan.f -Da. ai) Housing Element Implementation Cella in greycontam autowkule- Table A Housing Development Applications Submitted .: .: ® ...... U.lts —Id.bllfty by Household 1,co,es ® ®® aao aaloo00® City Council 8 — 83 3/21/2023 J 1r dl— saner a ANNUAL ELEMENT PROGRESS REPORT Note:"t"Indlwtes an optional field RaP 9v1er razz (Jan.f -Da. ai) Housing Element Implementation Cella in greycontam autowkule- Table A Housing Development Applications Submitted .: .: ® ...... U.lts —Id.bllfty by Household 1,co,es ® ®® aao aaloo00® City Council 8 — 84 3/21/2023 City Council 8 — 85 3/21/2023 City Council 8 — 86 3/21/2023 City Council 8 — 87 3/21/2023 Jurisdiction Santa Ana Reporting Year 2022 (Jan. 1 - Dec. 31) Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Th,il table is auto -populated once you enter your jurisdiction name an currentyear a . as ANNUAL ELEMENT PROGRESS REPORT year information comes from previous APRs. Housing Element Implementation I Please contact HCD if your data is different than the material supplied here Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability 1 2 3 4 Income Level RHNA Allocation by Income Level Projection Period - 06130/2021- 10/14/2021 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years) Total Remaining RHNA by Income Level Very Low Deed Restricted Non -Deed Restricted 606 27 148 232 374 7 7 43 Low Deed Restricted Non -Deed Restricted 362 21 145 zn 29 14 81 Moderate Deed Restricted Non -Deed Restricted 545 52 493 3 8 41 Above Moderate 1,624 1201 519 567 1,2061 418 Total RHNA 3,137 Total Units 1591 5751 901 1 1,635 "Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten. Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column. Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at apr@hcd.ca.gov. City Council 8 — 89 3/21/2023 Jndadi°dan Santa Ana ANNUAL ELEMENT PROGRESS REPORT No a:"+"Intlleates an optional field Housing Element Implementation cdla In _,anauto-calculation fonnulm Reporting Vear 2022 (Jan.1-Dec. 31) Planning Period 6th Cycle 1a1z/zort-tat6/zoz8 Table C Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net -Loss Law Project Id-tlfler Date of Rezone RHNA Shortfall by Household Income Category Rezone Type Sites Description 1 2 3 4 6 6 ] 8 9 16 11 APN Street Atltlress Project Name Local Jurisdiction TrecMng ID' Date of Rezone Very Low- Income Low -Income Moderate -Income Above Motlerete- lncome Rezone Type Parcel Size (Acres) General Plan Designation ZO°1°g Mlnlmum Density Allowed Mazlmum Density Allowed Realistic Capacity Vacard/Nonvaca.t D—ription of Ezlsting Uses Summary Row: Start Data Entry Below City Council 8 — 90 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Program Implements Hous Describe progress of all programs including local efforts to remove governmental c 1 2 3 Name of Program Objective Timeframe in H.E 1. Single -Family and Mobile A. Contract with a local nonprofit organization (currently Habitat for Ongoing Home Rehabilitation Humanity) to implement the City's Residential Rehabilitation Grant Program. Provide grants of up to $25,000 to 25 households per year until 2024—after 2024 dependent on funding —for the repair and rehabilitation of single-family and mobile homes, prioritizing applicants in RECAP and TCAC census tracts, seniors (62 years and older), disabled residents, and low-income households. 1. Single -Family and Mobile B. Conduct an annual workshop starting Fiscal Year 2023-2024 to Annually Home Rehabilitation promote rehabilitation grants and available housing programs/opportunities to all owner occupied single-family and mobile home residents in the city. 2. Multiple -Family A. Provide financial assistance to support the acquisition, rehabilitation, Ongoing Acquisition and and new construction of properties to preserve and increase affordable Rehabilitation housing opportunities for lower income households through the following programs: (1) Low and Moderate Income Housing Asset Fund (LMIHAF) including land assets owned by the Housing Successor Agency; (2) Inclusionary Housing Fund (Inclusionary); (3) HOME Investment Partnerships Program (HOME); (4) Community Development Block Grant Program (CDBG); (5) Project -Based Voucher Program (PBV); and (6) HOME- American Rescue Plan (HOME -ARP). 2. Multiple -Family B. Once per year, issue a Request for Proposals (RFP) for the Annually Acquisition and development of affordable housing in the city. Proposed developments Rehabilitation may be for acquisition and rehabilitation of eligible properties for rental and/or ownership housing; acquisition and conversion of nonresidential property to multifamily housing units; and/or new construction of housing units for rental and/or ownership housing. The objective is to finance the development of at least one multifamily affordable housing project per year. 3. Neighborhood A. Create, assist, and support neighborhood associations, especially in Annually Improvement RECAP and TCAC census tracts, to collaborate on projects, and sponsor and hold annual events. Table D tion Status pursuant to GC Section 65583 ng Programs Progress Report mstraints to the maintenance, improvement, and development of housing as identified in the housing element. Status of Program Implementation In 2022, the City managed an Agreement with Habitat for Humanity of Orange County to implement the City's Residential Rehabilitation Grant Program. Through this agreement, the City provided grants of up to $25,000 to 23 households for the repair and rehabilitation of single-family and mobile homes, prioritizing applicants in RIECAP and TCAC census tracts, seniors (62 years and older), disabled residents, and low-income households. An annual workshop is planned to be held during fiscal year (FY) 2023-2024 to promote rehabilitation grants and available housing programs/opportunities to all owner occupied single-family and mobile home residents in the City. In 2022, the City provided financial assistance to support the acquisition, rehabilitation, and new construction of properties to preserve and increase affordable housing opportunities for lower income households. Specifically, as of the end of 2022, the City had five affordable housing projects under construction, and two affordable housing projects in pre -development. Each project was made possible through the financial assistance provided by the City. In 2022, the City awarded funds following the issuance of a Request for Proposals (RFP) for the development of affordable housing in 2021. Specifically, Dn December 7, 2021, the City Council authorized the Community Development Agency (CDA) to release a FY 2021-2022 Request for Proposals (RFP No. 21-136) to develop affordable rental and ownership project(s) in the City of Santa Ana with available funds from the Inclusionary Housing Fund, HOME Investment Partnerships ("HOME") Program, HOME -American Rescue Plan ("HOME -ARP") Program, Project -Based Voucher Program, and the Neighborhood Stabilization Program fund. The RFP also included one land asset owned by the Housing Authority of the City of Santa Ana. The Neighborhood Initiatives and Environmental Services Division (NIES) continues to provide coordination, resource outreach, community engagement to support TCAC Opportunity areas, especially neighborhoods in areas that have a concentration of high segregation, poverty and low-resourced communities. Staff continues to work with neighborhood association leaders to re -activate and convene meetings in person with residents from the Santa Ana Triangle, French Court, French Park, Central City, Bella Vista, Downtown, Willard, Lacy, Heninger Park, Pacific Park, and Cornerstone Village. Three new park sites are planned for these areas — Raitt / Myrtle, Standard/McFadden, and Willard. Several of these neighborhoods have funds available to identify community improvement projects and work with City staff and Charitable Ventures of Orange County as a fiscal sponsor to process project funds equitably. City staff have also conducted several trainings to assist these neighborhoods in reviewing the City's program planning opportunities to further assist neighborhoods to use programmatic funding toward community identity and other outreach improvements in the respective neighborhoods. City Council 8 — 91 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Program Implementz Hous Describe progress of all programs including local efforts to remove governmental c 1 2 3 Name of Program Objective Timeframe in HT 3. Neighborhood B. Provide capacity -building support to the Santa Ana Communication Annually Improvement Linkage Forum (Com-Link) — the City's neighborhood associations' advocacy organization, and the Santa Ana Neighborhood Associations to engage and support residents to involve and emerge as leaders in their neighborhoods. 4. Neighborhood A. Complete infrastructure improvements in residential neighborhoods Annually & Ongoing Infrastructure consistent with the City's Capital Improvement Program (CIP). The CIP is updated every fiscal year and is available to view on the City's website: The CIP is updated every fiscal year and is available to view on the City's website: https:/Iwww.santa-ana.org/capital-improvement-program. Identity improvements from the City's asset management plans for inclusion in the yearly CIP/budget. 4. Neighborhood B. Seek additional funds to improve infrastructure, including state and Annually & Ongoing Infrastructure federal grants for improvements for health and wellness, prioritizing RECAP and TCAC census tracts. Prioritize grant opportunities to fund active transportation and infrastructure improvements on an ongoing basis and maximize opportunities in R/ECAPs and TCAC census tracts. 5. Healthy Neighborhoods A. Continue to implement Santa Ana Green program, including tree Ongoing Initiatives planting, corridor greenways, build -green initiatives, and energy conservation. 5. Healthy Neighborhoods B. Collaborate with neighborhoods and community organizations, Annually & Ongoing Initiatives especially in R/ECAP and TCAC census tracts, to promote Healthy Neighborhood Initiative, hold five community garden workshops, program the City's fitness courts, hold annual 5k and Fit festival, and operate Street Team with the objective of bringing recreation activities to communities that are challenged with lack of park space. 5. Healthy Neighborhoods C.Update the City's zoning code development and operational standards 12/1/2023 Initiatives for industrial zones to address incompatibility with adjacent uses, including minimum distance requirements to buffer heavy industrial uses from sensitive receptors. Conduct a study to evaluate and establish appropriate minimum distances and landscape buffers between polluting industrial uses from sensitive receptors such as residences. Table D tion Status pursuant to GC Section 65583 ng Programs Progress Report mstraints to the maintenance, improvement, and development of housing as identified in the housing element. Stitus of Program Implementation NIES continues to assist Santa Ana Com-Link and Santa Ana Neighborhood Associations with community planning, engagement, resources, and support. In 2022, neighborhood associations experienced a surge in re -activating neighborhood association meetings in person and having discussions about how to engage new residents and youth in the process. The City is working with the Com-Link Board to provide them with additional capacity - building so that they can help bridge the communication with new and emerging leaders on community engagement strategies and projects that they can ntegrate into their own neighborhoods, connecting with local school principals, faith -based leaders, businesses, youth and City staff. Com-Link Board members are also revising their bylaws to include community and business representatives and suggest term limits to draw new leadership into the future. City staff will be focusing efforts on providing Environmental Justice education and resources to neighborhoods that are within EJ communities I disadvantaged areas. In 2022, $21 million were expended to reconstruct approximately 22 miles of local streets and two miles of arterial streets. In 2022, the Public Works Agency (PWA) continued to pursue grants for neighborhood infrastructure improvements including approximately $2 million in Community Development Block Grant (CDBG) funds to address concrete street improvements in the Heninger Park Neighborhood. In 2022, PWA continued services to ensure the long term sustainability of the City's inventory of 50,000 City right-of-way trees which inlcluded the planting of 110 trees and the pruning of 18,565. All services performed were in accordance to industry standard best practices set forth by the International Society of Arboriculture (ISA). The City's community gardens are now open regularly and were enhanced with special programming such as Harvest Festival, Compost Workshops, and extended hours of operation. The City's Health & Wellness Section is in the process of programing the ten fitness court spaces that were recently nstalled. The City's Annual 5k/10k Fit Fast will take place on April 22, 2023 and the Street Team is awaiting the procurement of a transportation van that will enable the Parks, Recreation and Community Services Agency (PRCSA) to visit and provide services to underserved areas of Santa Ana. Funding has been secured for the comprehensive update of the Zoning Code. In 2022, the Planning and Building Agency (PBA) drafted an RFP to solicit services to begin the community engagement phase of the project and drafting of the update. The RFP has been released and proposals are due to the City on April 13, 2023. As part of the Zoning Code update, it is the City's intent to conduct a study to evaluate and establish appropriate distance and andscape buffers between polluting uses and sensitive receptors. In addition, in December of 2022, the City Council approved an ordinance (Ordiannce No. NS- 3035) to require noxious uses that require a permit from a regional, state, or federal agency to discharge, emit, or store chemicals or other regulated substances to obtain a conditional use permit. The ordinance also made violations of permitting agency's codes a violation of the City's municipal code, enabling the City to take enforcement action against repeat violators. City Council 8 — 92 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program ImplenWtation 6. Santa Ana Building A. Proactively engage SABHC leaders and other advocacy stakeholders 12/1/2023 Funding has been secured for the comprehensive update of the Zoning Code. In 2022, PBA drafted an RFP to solicit services to begin the community Healthy Communities to forge a comprehensive health agenda to be included in the zoning engagement phase of the project and drafting of the update. The RFP has been released and proposals are due to the City on April 13, 2023. As part of code update (see Program 18). the Zoning Code update, it is the City's intent to engage SABHC leaders and other stakeholders to establish a comprehensive health component within the Zoning Code. 7. Building Community A. Prepare an annual report for City Council and public review providing April Annually This report was presented to the City Council on March 21, 2023 and the City will continue to provide such report on an annual basis. Efforts the progress made toward achieving the quantifiable objectives in the Housing Element implementation table. Report to include monitoring of housing production and distribution, especially lower income units, by TCAC areas, CalEnviroScreen ranking, and RIECAP status. 7. Building Community B. Pursue grants and partnership opportunities from local, state, federal, Annually Through the City's agreement with fiscal sponsor Charitable Ventures of Orange County, the Santa Ana Grants for Blocks program offers a unique and Efforts and nonprofit partners to continue and expand strategic investments that equitable opportunity for neighborhoods who are not designated as a nonprofit entity by the IRS to seek funding for local neighborhood investments. build community. Through the California VA58 neighborhood partnership funding, the Willard neighborhood was selected for a $5,000 award and partnered with nonprofits to hold neighborhood educational and safety event. Through the City's arts and culture neighborhood funding, Santa Anita and Pacific Park and other neighborhoods have had access to organize strategic educational and cultural events to activate their neighborhoods and leverage future community identity and infrastructure projects. City Council special event discretionary funding has also been invested in neighborhoods for special activities, outreach, and programs. The City has also secured state and federal funding toward infrastructure improvements in disadvantaged communities, such as the Logan, Madison Park, Delhi, and Santa Anita neighborhoods. 7. Building Community C. Continue to make strategic investments in parks, recreation, access to Ongoing The City continued to make strategic investments in parks. The Park Services Division continues efforts to provide capital improvement projects and Efforts healthy food, safe routes to school, and other capital improvements, acquisition opportunities. During the course of 2022, completed capital improvement projects included sports field lighting, sports court lighting, park such as achieving three acres of parkland per 1,000 residents set out in security lighting, restroom renovations, and synthetic turf field renovation at Eddie West Field/Santa Ana Stadium. A new neighborhood park is in Land Use and Open Space elements, and Parks Master Plan to improve construction (Ed Caruthers Park), a new neighborhood park is preparing for bid advertisement (Standard & McFadden park), and three new park resident health. locations are in design (Bristol Street Parcels at Tolliver St., King St. Park, and Legacy Park). Acquisitions were completed for a new park on 10th and Flower Streets. 8. Neihborhood Safety A. Apply the principles of Crime Prevention Through Environmental Ongoing Through the development review process, staff continued to apply the CPTED principals. Design (CPTED) to all development project applications to enhance safety and security within all residential developments. 8. Neihborhood Safety B. Create and implement a housing amnesty program for unpermitted 12/1/2024 In 2022, PBA staff conducted research to be used to complete a CDBG application to submit in early 2023 to seek funds to conduct a study analyzing units in the city, prioritizing neighborhoods with a disproportionate extent of unpermitted units in Santa Ana, type of units, best practices, and strategy to make them safe and permit them using established permit number or code enforcement cases for unpermitted units, to facilitate processes. legalization and address potential life safety issues. 9. Property Maintenance A. Evaluate the appropriateness of the new Healthy Housing Standards 12/1/2023 PBA staff is in the process of evaluating and implementing SIB 838 which mandates substandard building or lead hazard violations to be inspected which Standards for applicability to Santa Ana Municipal Codes and incorporate relevant includes any portions of a building intended for human occupancy or premises on which such building is located that is determined to be substandard, portions to assist city staff in conducting inspections and enforcing city as applicable, into the City's code enforcement efforts. codes. City Council 8 — 93 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H. Status of Program Implementation 9. Property Maintenance B. Connect residents with Orange County Health Care Agency (OCHCA) Ongoing PBA staff, in particular the Code Enforcement Division and NIES Section, continue to connect residents with Orange County Heath Care Agency Standards regarding County health services and educational opportunities, (OCHCA) regarding health services and educational opportunities, including SB 488 mandates. including Senate Bill 488 mandates related to lead hazards. 9. Property Maintenance C. Coordinate the City's Residential Rehabilitation Grant Program (see Ongoing The City continues to apply Healthy Housing Standards along with other codes to promote safe/healthy homes in the community and ensure good Standards program No.1) with Code Enforcement and Proactive Rental property maintenance continues. Enforcement tools to expedite and remedy violations include Administrative Citations, Notices of Violation, and Notice Enforcement Program (PREP) to provide assistance to low-income and Orders. In 2022, the City's Code Enforcement Division continued to use Administrative Citations best practices as a tool to expedite and remedy households and prevent displacement where feasible when the City is violations. The Code Enforcement Division continues to collaborate with the City Attorney's Office and the Santa Ana Police Department to address requiring health and safety repairs to comply with building code. severe land use violations such as illegal casinos and cannabis business in residential properties. Severe substandard properties that required special attention continue to be handled through the Code Enforcement Receivership Program. This program facilitates enforcement through the court system to ensure violations are abated and community concerns are mitigated. The Proactive Rental Enforcement Program (PREP) staff continues providing City Loan Program information to residential property owners when corrective notices are issued. Information on the City Housing Loan Program is made available to property owners by Code Enforcement and Housing staff. Code enforcement is also referring clients to Habitat for Humanity of Orange County and owners with code violations are given priority. In addition, in 2022, the City managed an Agreement with Habitat for Humanity to implement the City's Residential Rehabilitation Grant Program. Through this contract, the City provided grants of up to $25,000 to 23 households for the repair and rehabilitation of single-family and mobile homes. These households were identified in coordination with Code Enforcement and Proactive Rental Enforcement Program (PREP) to provide assistance to low-income households and prevent displacement where feasible when the City is requiring health and safety repairs to comply with building code. 10. Proactive Rental A. Inspect at least 4,200 rental housing units annually and bring them Annually The Code Enforcement Division continues to inspect 4,200 rental units annually to ensure that such units are safe for tenants and in compliance with Enforcement (PREP) into compliance with City codes and standards while also preserving the Health and Safety Code Section 17920.3. The City also provides proactive educational materials to all rental property owners who have been cited for City's housing stock. violations. 10. Proactive Rental B. Prepare an annual report for City Council summarizing Proactive Annually The Code Enforcement Division continues to prepare an annual report for City Council summarizing PREP activities which include census tract data, Enforcement (PREP) Rental Enforcement Program (PREP) activities and accomplishments. inspection counts, and property valuation improvements triggered by reactive and proactive complaints. 10. Proactive Rental C. Work with the Orange County Health Care Agency to identify Annually The Code Enforcement Division continues to partner with the OCHCA in regards to infestation violations, including SB838, and conducting joint Enforcement (PREP) infestation code violations and streamline resolution of violations. inspection regarding mold, and other at unpermitted food related businesses and Health and Safety laws. 11. Residential Response A. Inspect at least 2,000 housing units annually and bring them into Annually In 2022, the Code Enforcement Division inspected more than 2,000 properties which generated more than 10,000 violations and more than 300 permits Team (RRT) compliance with City codes and standards. were issued to bring housing units into compliance. 11. Residential Response B. Work with the Orange County Health Care Agency to identify Annually The Code Enforcement Division continues to work with and collaborate with the Police Department, Orange County Fire Authority (OCFA), OCHCA to Team (RRT) infestation code violations and streamline resolution of violations. identify health, safety, fire hazard, and dangerous conditions and to ensure residential and community safety is addressed in a timely manner. 11. Residential Response C. Continue to incorporate traditional code enforcement with community Annually The Code Enforcement Division continues to attend monthly neighborhood meetings to educate the public on city codes, how to prevent blight Team (RRT) education and empowerment by continuing to offer neighborhood conditions, and ensure proper maintenance. Educational materials relating to neighborhood beautification are distributed during these meetings. beautification programs such as tree planting, cleanup programs, and other initiatives. City Council 8 — 94 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 12. Historic Program and A. Implement the historic preservation program and associated Annually The Planning Division continues to implement the City's historic preservation program and ordinances. The Historic Preservation program is continually Ordinance ordinances and incentives, including Mills Act, design review, etc., with a being implemented. Staff is actively working on revising the Mills Act Program's monitoring methods (which require minimum 5-year goal of entering into contract with and/or renewing at least 20 historic inspections/reporting per state code), by including program -wide outreach efforts and tailored outreach requesting self -reporting for long-standing Mills resource preservation agreements annually during the planning period. Act agreements. The City added 17 properties onto the City's historic register ("Register') during 2022 and entered in a mills act contract with 18 property owners. 12. Historic Program and B. Proactively reach out to at least 20 owners of properties eligible for Annually Under the revamped Historic Preservation program, this action will begin to be implemented in the 2023 year. Ordinance placement on the local register of historic properties annually to encourage voluntary listing and preservation of resource during the planning period. 13. Historic Home A. Seek new funding sources, including grants and loans, that can be 12/1/2023 No update for 2022. Rehabilitation Incentive used or leveraged with others funding sources to focus preventive, rather than corrective, repairs of historic homes and complement the Mills Act program. 13. Historic Home B. Establish a fee reduction or waiver program for low-income applicants 12/1/2023 No update for 2022. Rehabilitation Incentive to ensure equitable access and participation in the Mills Act Program. The number of participants in the program will be determined once funding is secured. 14. Transit Zoning Code I A. Update the development review processes and standards for the plan 12/1/2023 Funding has been secured for the comprehensive update of the Zoning code. In 2022, the PBA drafted a RFP to solicit services to begin the community Specific Development No. area to streamline and incentivize by -right housing and mixed -use engagement phase of the project and drafting of the update. The RFP has been released and proposals are due to the City on April 13, 2023. Through 84 (SD-84) developments. the Zoning Code update, the City will review and modify, if necessary, its review process to streamline and incentivize by -right development. City Council 8 — 95 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Timeframe in H.E Status of Program IMplementation 14. Transit Zoning Code I B. Through the City's RFP for Affordable Housing Development (see Annually Following the issuance of an RFP for Affordable Housing Development on June 19, 2018, the City Council, on June 21, 2022, approved two Loan Specific Development No. program No. 2), facilitate and encourage the development in SD-84 plan Agreements for a total combined amount of $4,644,909, fifteen (15) project -based vouchers, a joint sixty-five (65) year Ground Lease, and a 84 (SD-84) area of a variety of housing types and mix of affordability levels, including Development Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P., for the development of the Crossroads at for lower income households using appropriate incentives, such as Washington, an affordable housing project located at 1126,1136, 81146 East Washington Avenue, Santa Ana, CA 92701, (APNs 398-092-14 and 398- awarding bonus points to developers whose projects provide at least 092-13). The City's $4,644,909 financial assistance consists of $3,007,489 in HOME Investment Partnerships Program funds and $1,637,420 in 75% or more of the number of units to extremely low-income families at Neighborhood Stabilization Program funds. The Development Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P., also 30% AMI. defers approximately $652,717 of their development impact fees. The Crossroads at Washington project will have 85 new affordable units and 1 managers unit, with 42 three- and four -bedroom units for large families, and 43 one- and two -bedroom affordable units for persons experiencing homelessness. 100-percent of the units will be for extremely low- income households at 30-percent Area Median Income and the project is located within the SD-84. 15. Metro East Mixed -Use A. Update the development review processes and standards for the plan 12/1/2023 Funding has been secured for the comprehensive update of the Zoning Code. In 2022, PBA drafted a RFP to solicit services to begin the community Overlay Zone (MEMU) area to streamline and incentivize by -right housing and mixed -use engagement phase of the project and drafting of the update. The RFP has been released and proposals are due to the City on April 13, 2023. Through developments. the Zoning Code update, the City will review and modify, if appropriate, its review process to streamline and incentivize by -right development. 15. Metro East Mixed -Use B. Through the City's RFP for Affordable Housing Development (see Annually In 2022, the City provided a letter of support for an affordable housing project in the MEMU plan area. Overlay Zone (MEMU) program No. 2), facilitate and encourage the development in MEMU plan area of a variety of housing types and mix of affordability levels, including for lower income households using appropriate incentives, such as awarding bonus points to developers whose projects provide at least 75% or more of the number of units to extremely low-income families at 30% AMI. 16. Harbor Mixed -Use A. Update the development review processes and standards for the plan 12/1/2023 Funding has been secured for the comprehensive update of the Zoning Code. In 2022, PBA drafted a RFP to solicit services to begin the community Transit Corridor Specific area to streamline and incentivize by -right housing and mixed -use engagement phase of the project and drafting of the update. The RFP has been released and proposals are due to the City on April 13, 2023. Through Plan (SP-2) developments. the Zoning Code update, the City will review and modify, if appropriate, its review process to streamline and incentivize by -right development. 16. Harbor Mixed -Use B. Through the City's RFP for Affordable Housing Development (see Annually In 2022, the City provided a letter of support for an affordable housing project in the SP-2 plan area. Transit Corridor Specific program No. 2), facilitate and encourage the development in SP-2 plan Plan (SP-2) area of a variety of housing types and mix of affordability levels, including for lower income households using appropriate incentives, such as awarding bonus points to developers whose projects provide at least 75% or more of the number of units to extremely low-income families at 30% AMI. 17. General Plan A. Implement, monitor, and review the City's General Plan and its April Annually This report was presented to the City Council on March 21, 2023 and the City will continue to provide such report on an annual basis and amend the elements, in particular the Land Use Element, to determine its General Plan as needed. effectiveness in facilitating housing development as part of the City's General Plan Annual Progress Report. If goals of the General Plan are not being met, amend as needed. City Council 8 — 96 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implerlilliptation 18. Zoning Code Update A. Comprehensively update the Zoning Code and design standards to 1211/2023 Funding has been secured for the comprehensive update of the Zoning Code. In 2022, PBA drafted a RFP to solicit services to begin the community achieve consistency with the updated General Plan land use engagement phase of the project and drafting of the update. The RFP has been released and proposals are due to the City on April 13, 2023. Through designations and goals, and to comply with new state laws such as AB the Zoning Code update, the City will analyze and, if appropriate, update its design standards. 1397, AB 139, AB 101, AB 2162, and the Employee Housing Act. 19. Building Design A. Create comprehensive objective design standards as part of the 12/1/2023 Funding has been secured for the comprehensive update of the Zoning Code. In 2022, PBA drafted a RFP to solicit services to begin the community Standards Zoning Code Update (see program 18) to address the unique needs of engagement phase of the project and drafting of the update. The RFP has been released and proposals are due to the City on April 13, 2023. Through residential/mixed-use products and provide a level of development the Zoning Code update, the City will analyze and, if appropriate, update its design standards. design certainty to the community and developers alike. 19. Building Design B. Create new Active Design Guidelines and accompanying incentives 12/112023 Funding has been secured for the comprehensive update of the Zoning Code. In 2022, PBA drafted a RFP to solicit services to begin the community Standards as part of the Zoning Code Update (see program 18) to encourage and engagement phase of the project and drafting of the update. The RFP has been released and proposals are due to the City on April 13, 2023. Through foster housing designs that improve health and wellness. the Zoning Code update, the City will analyze and, if appropriate, update its design standards. 20. Development Review A. Create a checklist of healthy design components based on the 611/2024 Funding has been secured for the comprehensive update of the Zoning Code. In 2022, PBA drafted a RFP to solicit services to begin the community adopted Active Design Guidelines in the Zoning Code Update (see engagement phase of the project and drafting of the update. The RFP has been released and proposals are due to the City on April 13, 2023. Through program 18) to allow implementation healthy community components into the Zoning Code update, the City will analyze and, if appropriate, update its design standards. new projects. 20. Development Review B. Develop recommendations for additional resources to support 12/112023 In 2022, PBA made two part-time planning positions full-time in an effort to expedite review and provide more efficient services at its public counter. expedited and efficient development project review, such as an applicant Additionally, PBA staff utilized funding secured through Orange County Council of Governments' (OCCOG's) Regional Early Planning Grant (REAP) to guide or additional staffing. augment its ADU review program with consultant services. The consultant hired by OCCOG is expected to start review of ADU plans in early 2023. City Council 8 — 97 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Program Implementz Hous Describe progress of all programs including local efforts to remove governmental c 1 2 3 Name of Program Objective Timeframe in H.E 21. Affordable Housing A. Provide financial support and technical assistance to nonprofit and for- Annually Incentives profit organizations that provide affordable housing for extremely low-, very low-, and low-income families in Santa Ana. 21. Affordable Housing B. Provide financial assistance to support the acquisition, rehabilitation, Annually Incentives and new construction of properties to preserve and increase affordable housing opportunities for lower income households through the following programs: (1) Low and Moderate Income Housing Asset Fund (LMIHAF) including land assets owned by the Housing Successor Agency; (2) Inclusionary Housing Fund (Inclusionary); (3) HOME Investment Partnerships Program (HOME); (4) Community Development Block Grant Program (CDBG); (5) Project -Based Voucher Program (PBV); and (6) HOME- American Rescue Plan (HOME -ARP). 21. Affordable Housing C. Issue a Request for Proposals (RFP) annually for the development of Annually Incentives affordable housing in Santa Ana. Proposed developments may be for acquisition and rehabilitation of eligible properties for rental and/or ownership housing; acquisition and conversion of nonresidential property to multifamily housing units; and/or new construction of housing units for rental and/or ownership housing. The objective is to finance the development of at least one multifamily affordable housing project per year. Table D tion Status pursuant to GC Section 65583 ng Programs Progress Report mstraints to the maintenance, improvement, and development of housing as identified in the housing element. Status of Program Implementation In 2022, the City provided financial support and technical assistance to nonprofit and for -profit organizations that provide affordable housing for extremely low-, very low-, and low-income families in Santa Ana. Specifically, on June 21, 2022, City Council approved a pre -commitment of $5,256,327 n HOME - American Rescue Plan funds, $484,000 in Inclusionary Housing Funds, 25 project -based vouchers, a Density Bonus Agreement, and loan forgiveness for Jamboree Housing Corporation and WISEPIace for the development of the WISEPIace Permanent Supportive Housing project located at 1411 N. Broadway. The loan forgiveness consists of $723,446.41 in CDBG funds outstanding from a Loan Agreement executed in 1996 and amended in 2001. The WISEPIace Permanent Supportive Housing project will have 47 Permanent Supportive Housing ("PSH") studios and one two -bedroom manager's unit. All of the units will be set aside for extremely low-income households at 30-percent AMI. The studios will be designated as PSH for persons experiencing chronic homelessness, of which,14 will serve individuals experiencing chronic homelessness with a mental illness, financed by the Mental Health Services Act ("MHSA" ). Services will be provided for these residents on site by WISEPIace and the OCHCA. On November 15, 2022, City Council approved a pre -commitment of $2,200,000 in Inclusionary Housing Funds for Habitat of Humanity of Orange County for the development of six affordable ownership units at 1921 W. Washington Avenue. The six affordable ownership units will be set aside for low-income households at 80- percent Area Median Income. In addition, the City also provided technical assistance to Jamboree Housing Corporation for the development of the North Harbor Village Project, an 89-unit permanent supportive housing project under construction; to National CORE for the development of the Legacy Square project, a 93-unit new construction project under construction; and to Habitat for Humanity of Orange County for the development of their Lacy and Vance project, a two -unit affordable ownership project for moderate -income families. In 2022, the City provided financial assistance to support the acquisition, rehabilitation, and new construction of properties to preserve and increase affordable housing opportunities for lower income households. Specifically, as of the end of 2022, the City had five affordable housing projects under construction and two affordable housing projects in pre -development. Each project was made possible through the financial assistance provided by the City. In 2022, the City awarded funds following the issuance of a RFP for the development of affordable housing in the city in 2021. Specifically, on December 7, 2021, the City Council authorized the Community Development Agency ("CDA") to release a FY 2021-2022 RFP (RFP No. 21-136) to develop affordable rental and ownership projects in the City of Santa Ana with available funds from the Inclusionary Housing Fund, HOME Program, HOME -ARP Program, Project -Based Voucher Program, and the Neighborhood Stabilization Program fund. The RFP also included one land asset owned by the Housing Authority of the City of Santa Ana. Following this RFO, on June 21, 2022, City Council approved a pre -commitment of $5,256,327 in HOME - ARP funds, $484,000 in Inclusionary Housing Funds, 25 project -based vouchers, a Density Bonus Agreement, and loan forgiveness for Jamboree Housing Corporation and WISEPIace for the development of the WISEPIace Permanent Supportive Housing project located at 1411 N. Broadway. The oan forgiveness consists of $723,446.41 in CDBG funds outstanding from a Loan Agreement executed in 1996 and amended in 2001. The WISEPIace Permanent Supportive Housing project will have 47 Permanent Supportive Housing ("PSH") studios and one two -bedroom managers unit. All of the units will be set aside for extremely low-income households at 30-percent AMI. The studio units will be designated as PSH for persons experiencing chronic homelessness, of which,14 units will serve individuals experiencing chronic homelessness with a mental illness, financed by the Mental Health Services Act ("MHSA"). Services will be provided for these residents on site by WISEPIace and the OCHCA. On November 15, 2022, City Council approved a pre -commitment of $2,200,000 in Inclusionary Housing Funds for Habitat of Humanity of Orange County for the development of six affordable ownership units at 1921 W. Washington Avenue. The six affordable ownership units will be set aside for low-income households at 80percent AMI. City Council 8 — 98 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 22. Extremely Low -Income A. Provide financial support and technical assistance to nonprofit and for- Annually & Ongoing In 2022, the City provided financial support and technical assistance to nonprofit and for -profit organizations that provide affordable housing for Housing profit organizations that provide affordable housing for extremely low- extremely low-income households. Specifically, on May 17, 2022, City Council approved three Loan Agreements with Westview House L.P. (c/o income households. Community Development Partners) for a total of $3,904,341 for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue. The Westview House project will have 84 new affordable units and 1 manager's unit, with 58 three- and four -bedroom units for large families, and 26 one- and two -bedroom affordable units for persons experiencing homelessness. 75-percent of the units will be set aside for extremely low-income households at 30-percent AMI. On June 21, 2022, City Council approved two Loan Agreements for $4,644,909,15 project -based vouchers, a joint 65 year Ground Lease, and a Development Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P., for the development of the Crossroads at Washington affordable housing project located at 1126,1136, & 1146 East Washington Avenue. The Crossroads at Washington project will have 85 new affordable units and 1 manager's unit, with 42 three- and four -bedroom units for large families, and 43 one- and two -bedroom affordable units for persons experiencing homelessness. 100-percent of the units will be for extremely low- income households at 30- percent AMI. On June 21, 2022, City Council approved a pre -commitment of $5,256,327 in HOME - ARP funds, $484,000 in Inclusionary Housing Funds, 25 project -based vouchers, a Density Bonus Agreement, and loan forgiveness for Jamboree Housing Corporation and WISEPIace for the development of the WISEPIace Permanent Supportive Housing project located at 1411 N. Broadway. The loan forgiveness consists of $723,446.41 in CDBG funds outstanding from a Loan Agreement executed in 1996 and amended in 2001. The WISEPIace Permanent Supportive Housing project will have 47 studio Permanent Supportive Housing ("PSH") units and one (1) two -bedroom manager's unit.100-percent of the units will be set aside for extremely low-income households at 30-percent AMI. The studio units will be designated as PSH for persons experiencing chronic homelessness and 14 units will serve individuals experiencing chronic homelessness with a mental illness, financed by the Mental Health Services Act ("MHSA" ). Services will be provided for these residents on site by WISEPIace and the OCHCA. On November 15, 2022, City Council approved a pre -commitment of $2,200,000 in Inclusionary Housing Funds for Habitat for Humanity of Orange County for the development of six affordable ownership units at 1921 W Washington Avenue. The six affordable ownership units will be set aside for low-income households at 80-percent AMI. On December 2, 2022, City Council conducted 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. 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. On December 2, 2022, City Council conducted 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. 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. 22. Extremely Low -Income B. Apply for additional funding and provide other incentives as feasible to Annually & Ongoing In 2022, the City did not have the opportunity to apply for additional funding to support the production of affordable housing for extremely low-income Housing support the production of affordable housing for extremely low-income households. However, regarding other incentives, on June 21, 2022, City Council approved a Development Impact Fee Deferral Agreement with households. Washington Santa Ana Housing Partners, L.P. for the development of the Crossroads at Washington affordable housing project located at 1126,1136, & 1146 E. Washington Avenue, Santa Ana. The Development Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P. also defers approximately $652,717 of their development impact fees. The Crossroads at Washington project will have 85 new affordable units and 1 manager's unit, with 42 three- and four -bedroom units for large families, and 43 one- and two -bedroom affordable units for persons experiencing homelessness. 100-percent of the units will be for extremely low- income households at 30-percent AMI. City Council 8 — 99 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 22. Extremely Low -Income C. Apply for opportunities to expand the number of housing choice Annually & Ongoing In 2022, the Consolidated Appropriations Act of 2022 appropriated $200 million for new incremental vouchers pursuant to a method, as determined by Housing vouchers provided by the Housing Authority, and set aside at least 75% the U.S. Department of Housing and Urban Development (HUD), which included such factors as a severe cost burden, overcrowding, substandard of vouchers for extremely low-income households. housing for very low income renters, homelessness, and administrative capacity. Following this formula allocation, on September 23, 2022, the Housing Authority was awarded 38 new vouchers. On September 28, 2022, the Housing Authority received an allocation of $376,512 in additional Foster Youth to Independence HAP funds to assist up to 25 additional voucher holders. 22. Extremely Low -Income D. Through the City's RFP for Affordable Housing Development, award Annually & Ongoing In 2022, the City awarded funds following the issuance of a RFP for the development of affordable housing in the city in 2021. Specifically, on December Housing bonus points to Developers whose projects provide at least 75% or more 7, 2021, the City Council authorized the CDA to release a FY 2021.2022 RFP (RFP No. 21-136) to develop affordable rental and ownership project(s) in for the number of units for extremely low-income families at 30% AMI. the City of Santa Ana with available funds from the Inclusionary Housing Fund, HOME Program, HOME -ARP Program, Project -Based Voucher Program, and the Neighborhood Stabilization Program fund. The RFP also included one land asset owned by the Housing Authority of the City of Santa Ana. The RFP included a provision to award bonus points to developers whose projects provide at least 75-percent or more for the number of units for extremely low-income families at 30-percent AMI. Following this RFP, on June 21, 2022, City Council approved a pre -commitment of $5,256,327 in HOME -ARP funds, $484,000 in Inclusionary Housing Funds, 25 project -based vouchers, a Density Bonus Agreement, and loan forgiveness for Jamboree Housing Corporation and WISEPIace for the development of the WISEPIace Permanent Supportive Housing project located at 1411 N. Broadway. The loan forgiveness consists of $723,446.41 in CDBG funds outstanding from a Loan Agreement executed in 1996 and amended in 2001. The WISEPIace Permanent Supportive Housing project will have 47 studio Permanent Supportive Housing ("PSH") units and one two -bedroom manager's unit.100- percent of the units will be set aside for extremely low-income households at 30-percent AMI. The studio units will be designated as PSH for persons experiencing chronic homelessness and 14 units will serve individuals experiencing chronic homelessness with a mental illness, financed by the Mental Health Services Act ("MHSA"). Services will be provided for these residents on site by WISEPIace and the Orange County Health Care Agency. The project was awarded bonus points because it would provide at least 75-percent or more for the number of units for extremely low-income families at 30- percent AMI. 23. Successor Housing A. Provide and/or leverage Successor Housing Agency funds with other Evaluate Availability In 2022, the City leveraged Successor Housing Agency land with other sources of funding to support the production and/or rehabilitation of affordable Agency sources of funding to support the production and/or rehabilitation of Annually housing for extremely low-, very low-, and low-income families. Specifically, on June 21, 2022, City Council approved two Loan Agreements for a total affordable housing for extremely low-, very low-, and low-income combined amount of $4,644,909,15 project -based vouchers, a joint 65-year Ground Lease, and a Development Impact Fee Deferral Agreement with families. Washington Santa Ana Housing Partners, L.P. for the development of the Crossroads at Washington affordable housing project located at 1126, 1136, & 1146 E. Washington Avenue. The joint 65-year Ground Lease is for land owned by the Housing Authority acting as the Successor Housing Agency. The Successor Housing Agency's land was joined with land owned by the County of Orange to create one parcel for the development of affordable housing for extremely low-income families. The City's $4,644,909 financial assistance consists of $3,007,489 in HOME Investment Partnerships Program funds and $1,637,420 in Neighborhood Stabilization Program funds. The Development Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P. also defers approximately $652,717 of their development impact fees. The Crossroads at Washington project will have 85 new affordable units and 1 manager's unit, with 42 three- and four -bedroom units for large families, and 43 one- and two -bedroom affordable units for persons experiencing homelessness. 100-percent of the units will be for extremely low- income households at 30-percent AMI. City Council 8 — 100 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 23. Successor Housing B. Set aside Successor Housing Agency funding for the purpose of Evaluate Availability In 2022, the City had a balance of $4,761,168 in Successor Housing Agency funding. Of this amount, $1,656,947 is set -aside for the development of the Agency increasing, improving and preserving the community's supply of low- and Annually FX Residence project, a 17-unit permanent supportive housing project. On December 7, 2021, City Council approved a $1,656,947 Loan Agreement moderate -income housing. The Successor Housing Agency funding and a 99-year Ground Lease with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. for the development of the FX sources are generated from proceeds from the sale of former Residences affordable housing project located at 801, 807, 809 and 809'/2 E. Santa Ana Blvd. The project includes the construction of a new affordable Redevelopment Agency housing assets, residual receipts from former rental residential development consisting of 17 units,1,120 square feet of group space (e.g., lobby, lounge/loft, and laundry areas), and a 389-square Redevelopment Agency assets (i.e. loans), and a portion of the loan foot community room. The development will consist of a two-story building with flats/apartment units, trash enclosure, ten covered parking stalls, and one repayments from the former Redevelopment Agency to the City. This van accessible surface -parking stall. It will feature onsite amenities such as communal laundry facilities on the first and second floor, onsite bicycle fund includes land assets owned by the Housing Authority acting as the storage, 400-square feet of on -site storage, and 608-square feet of office space. One unit will be set aside for the onsite manager while 16 units are Successor Housing Agency that must be developed for affordable proposed as affordable to chronically homeless households earning less than 30-percent and 25-percent of the area AMI. Each of the 17 units will be housing or sold at or above fair market value to increase the Low and one -bedroom and will contain a full kitchen, a single bedroom, a full bathroom, and open/common living areas. As of the end of 2022, HomeAid Orange Moderate Income Housing Asset Fund. County is still working to close on their project financing. In addition, in 2022 pre -development work for two homeownership units for moderate income households was underway for a site awarded to Habitat for Humanity of Orange County in the 2018 RFP for Affordable Housing Development. This project broke ground and is still underway. 24. Density Bonus A. Update the City's local density bonus ordinance as part of the Zoning 12/112023 Funding has been secured for the comprehensive update of the Zoning code. In 2022, the PBA drafted a RFP to solicit services to begin the community Ordinance Update Code Update (see program 18) in accordance with recent changes to engagement and drafting of the update. The RFP has been released and proposals are due to the City on April 13, 2023. Through the Zoning Code state law to incentivize the development of extremely low-, very low-, and update, the City will update the local Density Bonus regulations in accordance with state laws. low-income rental units. 24. Density Bonus B. Maintain up-to-date density bonus information on the City's website to Ongoing The City's Planning and Housing divisions webpages are up-to-date with density bonus information and procedures. Ordinance Update provide developers with information on the opportunities to develop affordable housing using state density bonus law. 24. Density Bonus C. Prepare and make density bonus application determinations within Ongoing The Citys Planning and Housing divisions continue to review density bonus requests in a timely manner and in accordance with state law. Ordinance Update three months of application submittal to the review/approval body, contingent upon any other discretionary actions required for approval of the project. 25. Affordable Housing A. Continue to offer incentives beyond the requirements of the City's Ongoing On April 5, 2022, City Council approved an ordinance amendment (Ordinance No. NS-3019) repealing and reenacting in its entirety Article XVIII.I. of Opportunity & Creation inclusionary housing ordinance, known as the Affordable Housing Chapter 41 of the SAMC regarding the City's Affordable Housing Opportunity and Creation Ordinance (AHOCO) which provide incentives for the Ordinance (AHOCO) Opportunity & Creation Ordinance (AHOCO). The city will continue to development of affordable housing. The City continues to promote the program via the Planning and Housing divisions webpages and with developers. promote the program via the City's website and with developers. Every developer that brings a project forward will be made aware of the incentives available at the time. City Council 8 — 101 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 e of Program jL Objective Timeframe in H.E Status of Program Implementation 25. Affordable Housing B. Collect and leverage in -lieu fees with other sources to support the Ongoing In 2022, the City collected and leveraged in -lieu fees with other sources to support the production and/or rehabilitation of affordable housing for Opportunity & Creation production and/or rehabilitation of affordable housing for extremely low-, extremely low-, very low-, and low-income families with a goal of funding eight projects for the planning period. On May 17, 2022, City Council approved Ordinance (AHOCO) very low-, and low-income families with a goal of funding eight projects three Loan Agreements with Westview House L.P. (c/o Community Development Partners) for $3,904,341 for the development of the Westview House for the planning period. affordable housing project located at 2530 & 2534 Westminster Avenue. The City's $3,904,341 in financial assistance consists of $2,003,705 in HOME Program funds, $1,514,113 in Inclusionary Housing funds, and $386,523 in Rental Rehabilitation Program Funds. The Westview House project will have 84 new affordable units and 1 manager's unit, with 58 three- and four -bedroom units for large families, and 26 one- and two -bedroom affordable units for persons experiencing homelessness. 75-percent of the units will be set aside for extremely low-income households at 30-percent AMI.On November 15, 2022, City Council approved a pre -commitment of $2,200,000 in Inclusionary Housing Funds for Habitat for Humanity of Orange County for the development of six affordable ownership units at 1921 W. Washington Avenue. The six affordable ownership units will be set aside for low-income households at 80-percent AMI. 25. Affordable Housing C. Monitor the level of housing production and AHOCO qualifying Every Two Years The City continues to monitor the level of housing production and the AHOCO every two years. Opportunity & Creation projects every two years. If production levels fall below historic trends, Ordinance (AHOCO) take actions to review and revise AHOCO fees and requirements to ameliorate potential constraints to development. 26. Adaptive Reuse A. Evaluate, and if appropriate, amend the Adaptive Reuse Ordinance as 12/1/2023 Through the Zoning Code update, the City will evaluate, and if appropriate, amend the Adaptive Reuse Ordianance to remove potential housing part of the Zoning Code Update (see program 18) to remove potential constraints and potentially expand the eligible areas and structures. constraints, such as expanding the eligible areas and structures. 26. Adaptive Reuse B. Proactively promote opportunities for adaptive reuse of structures Ongoing The Planning Division continues to promote the Adaptive Reuse Ordinance at the Planning Counter and division webpage. with historic merit or otherwise suitable to be converted to quality residential and mixed -use projects to property owners and interested developers on the City's website. 27. Variety of Household A. Establish guidelines as part of the Zoning Code Update (see program 12/1/2023 Through the Zoning Code update, the City intends to establish guidelines for new housing development projects to include a variety of unit sizes, Sizes Program 18) for new housing development projects to include a variety of unit including units for large families, that are affordable to extremely low-, very low-, and low-income families. sizes, including units for large families, that are affordable to extremely low-, very low-, and low-income families. City Council 8 — 102 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 27. Variety of Household B. Through the issuance of the annual RFP for Affordable Housing Annually In 2022, the City facilitated and encouraged the development of larger rental and ownership units for families, including lower and moderate -income Sizes Program Development, the City will facilitate and encourage the development of families, and the provision of childcare, after -school care, and other services when feasible, by including selection criteria and points for projects that larger rental and ownership units for families, including lower and significantly increases affordable housing opportunities for large families (three- and four -bedroom units). On May 17, 2022, City Council approved three moderate -income families, and the provision of childcare, after -school Loan Agreements with Westview House L.P. (c/o Community Development Partners) for $3,904,341 for the development of the Westview House care, and other services when feasible, by including selection criteria and affordable housing project located at 2530 & 2534 Westminster Avenue. The City's $3,904,341 in financial assistance consists of $2,003,705 in HOME points for projects that significantly increases affordable housing Program funds, $1,514,113 in Inclusionary Housing funds, and $386,523 in Rental Rehabilitation Program Funds. The Westview House project will have opportunities for large families (three- and four -bedroom units). The RFP 84 new affordable units and 1 manager's unit, with 58 three- and four -bedroom units for large families, and 26 one- and two -bedroom affordable units for for Affordable Housing Development is released once per year, with the persons experiencing homelessness. 75-percent of the units will be set aside for extremely low-income households at 30-percent AMI.On June 21, objective of financing the development of at least one multifamily 2022, City Council approved two Loan Agreements for $4,644,909,15 project -based vouchers, a joint 65-year Ground Lease, and a Development affordable housing project per year. Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P. for the development of the Crossroads at Washington affordable housing project located at 1126, 1136, and 1146 E. Washington Avenue. The City's $4,644,909 financial assistance consists of $3,007,489 in HOME Program funds and $1,637,420 in Neighborhood Stabilization Program funds. The Development Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P. also defers approximately $652,717 of their development impact fees. The Crossroads at Washington project will have 85 new affordable units and 1 manager's unit, with 42 three- and four -bedroom units for large families, and 43 one- and two -bedroom affordable units for persons experiencing homelessness. 100-percent of the units will be for extremely low- income households at 30-percent AMI.On November 15, 2022, City Council approved a pre -commitment of $2,200,000 in Inclusionary Housing Funds for Habitat for Humanity of Orange County for the development of six affordable ownership units at 1921 W. Washington Avenue. The six affordable ownership units will be set aside for low-income households at 80- percent AMI. All units will have approximately 1,430 sq. ft. of interior living space, with 3-bedrooms and 2.5-bathrooms, a private yard (431 sq. ft.), and a private two -car garage with direct access to each unit (residents will be required to park vehicles in the garages and not use garages only for storage). 28. Parking Study & A. Build on results of recent parking studies and programs to identify 12/1/2023 Through the Zoning Code update, the City will comprehensively analyze recent parking studies and conduct new studies, as needed, to mitigate parking Management need to mitigate parking constraints for affordable development and constraints on affordable housing developments and develop new parking ratios for housing and mixed -use developments. evaluate residential/mixed-use standards. Utilize the results of studies to inform parking standards in the Zoning Code Update. 28. Parking Study & B. Reevaluate the Residential Parking Permit Program to provide an 7/1/2023 PWA contracted consultant services to provide a study of existing code compliance with state law, best practices, and recommendations. The study is Management equitable citywide permit parking program that incorporates best ongoing. practices and complies with state law. 28. Parking Study & C. Collaborate with SCAG in a Curb Management Study to identify best 12/112024 The Curb Managemet Study was completed in 2022. Management practices and pilot project for parking, deliveries, and travel for all modes of travel in the downtown. City Council 8 — 103 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 28. Parking Study & D. Develop a pilot program to partner with commercial property owners 12/1/2023 City staff conducted research and plannes kick off this pilot program in 2023. Management and school districts to utilize parking at centers and schools adjacent to residential uses to expand parking options for residential neighborhoods. 28. Parking Study & E. Work with OCTA and other transportation agencies to develop 12/1/2023 Through the Zoning Code update, the City will work with OCTA and other transportation agencies to develop strategies that encourage the utilization of Management strategies that encourage the utilization of alternatives to current parking alternatives to current parking standards to lower the cost of housing, support greenhouse gas and vehicle miles traveled goals and recognize the standards to lower the cost of housing, support greenhouse gas and emergence of shared and alternative transportation modes. vehicle miles traveled goals and recognize the emergence of shared and alternative transportation modes. 29. Housing Choice A. Provide housing assistance payments to eligible households in the Ongoing In 2022, the Santa Ana Housing Authority (SAHA): (a) utilized 100-percent of the Annual Budget Authority provided by HUD; (b) applied for new funding Voucher Housing Choice Voucher Program and adhere to policies and opportunities for additional vouchers. Specifically, the Consolidated Appropriations Act of 2022 appropriated $200 million for new incremental vouchers procedures in the federal regulations and in the Housing Choice Voucher pursuant to a method, as determined by HUD, which included such factors as a severe cost burden, overcrowding, substandard housing for very low Program Administrative Plan. Administer 100 percent of the funding income renters, homelessness, and administrative capacity. Following this formula allocation, on September 23, 2022, SAHA was awarded 38 new provided to the Housing Authority on an annual basis for eligible vouchers and, on September 28, 2022, SAHA received an allocation of $376,512 in additional Foster Youth to Independence HAP funds to assist up to households. This includes Special Purpose Vouchers including the 25 additional voucher holders; (c) retained High Performer SEMAP status as of the end of June 30, 2022. Specifically, on June 30, 2022, SAHA was Veterans Affairs Supportive Housing Program, Mainstream Voucher certified as a High Performing Housing Authority. In July of 2015, staff implemented a Quality Control Program for SAHA that exceeds the minimum self - Program, Foster Youth to Independence Program, and Emergency auditing requirements for SEMAP. Under this Quality Control Program, SAHA audit randomly selected files and inspections on a monthly basis and Housing Voucher Program. The objectives are to: (1) utilize 100 percent provide this information back to staff with continuous guidance and training. For SEMAP Indicator No. 3, which measures if casework is being completed of the Annual Budget Authority provided by HUD for each CY; (2) apply accurately, correctly, and in compliance with the regulations, SAHA audited 10 times as many files as required by HUD for 2022. Specifically, for this for new funding opportunities for additional vouchers; (3) retain High indicator SAHA audited a total of 372 randomly selected files even though the minimum number of files to be sampled based on HUD's regulations is Performer SEMAP status; and (4) communicate on a regular basis with only 35 files. Each file was randomly selected using an unbiased, documented method, and the file was audited using the same auditing tool used by active landlords by providing information on key program updates. HUD auditors. For SEMAP Indicator No. 5, which measures if housing inspections are being done completely, correctly, and in compliance with the regulations, SAHA audited twice as many inspections as required by HUD for 2022. Specifically, SAHA audited 69 randomly selected inspections even though the minimum number of inspections to be audited is only 34. For this indicator, SAHA also went further and made a determination whether or not the original inspection was correct and complete, and provided this information back to staff with training and guidance in order to improve the quality and integrity of our inspections, both of which are not required by HUD. SAHA audited more randomly selected files and inspections than required by HUD for these two SEMAP indicators because out of all 14 SEMAP performance indicators, these two indicators have the most impact on the administration of SAHA programs and customer service. SAHA also conducted quarterly and monthly audits for the various other SEMAP indicators. As a result of SAHA's continuous efforts to ensure the quality and integrity of the casework and inspections while fully utilizing funding from HUD, SAHA will be certified as a High -Performing Housing Authority this year. This will be the fifth year in a row that SAHA will be certified as a High -Performing Housing Authority; and (d) communicated on a regular basis with active landlords by providing information on key program updates. Specifically, SAHA issued a monthly newsletter to landlords every month except for March 2022. Each newsletter provided information on key program updates and other information. City Council 8 — 104 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec. 31) Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 30. Family Self -Sufficiency A. Administer the Family Self -Sufficiency program to empower and Ongoing On December 8, 2022, 12 new graduates completed the Family Self -Sufficiency Program. These 12 graduates received the money they each saved in support Housing Choice Voucher Program participants to achieve their escrow accounts. A total of $200,877 was awarded in escrow savings to the graduates. economic independence and self-sufficiency while adhering to policies and procedures in the federal regulations and in the FSS Action Plan. Graduate at least two families per year. 31. Preservation of At Risk A. Annually monitor the status of at -risk housing projects, specifically the Ongoing The City continues to monitor housing at risk of converting to market rate and continues to outreach to those property owners to identify financial Housing Warwick Square, Highland Manor, and other projects that may have incentives that will enable owners to maintain their properties as affordable housing. The City continues to monitor legislative initiatives that may impact expiring affordability covenants. Contact owners of properties at risk of its ability to meet its affordable housing goals. On December 31, 2022, the tenants at Warwick Square Apartments were issued a notice by the owner of conversion within one year of expiration to discuss City's desire and the property as required by state law (Government Code Section 65863.10, subdivision (e)(2)), that, in three years, the rules that keep their rent support to preserve projects as affordable housing. affordable may no longer apply. Later this year, the City will contact the owner of this property at risk of conversion to discuss City's desire and support to preserve projects as affordable housing. 31. Preservation of At Risk B. Coordinate with property owners to ensure notices to tenants are sent Ongoing On December 31, 2022, the tenants at Warwick Square Apartments were issued a notice by the owner of the property as required by state law Housing out at three years, twelve months, and six months; educate tenants (Government Code Section 65863.10, subdivision (e)(2)), that, in three years, the rules that keep their rent affordable may no longer apply. Later this regarding tenants' rights and conversion procedures pursuant to state year, the City will contact the owner of this property at risk of conversion to discuss City's desire and support to preserve projects as affordable housing. law (Government Code Section 65863.13). 31. Preservation of At Risk C. As resources are available, contact agencies interested in purchasing Ongoing On December 31, 2022, the tenants at Warwick Square Apartments were issued a notice by the owner of the property as required by state law Housing and/or managing at -risk units, including entities from the State's qualified (Government Code Section 65863.10, subdivision (e)(2)), that, in three years, the rules that keep their rent affordable may no longer apply. Later this entities list. year, the City will contact agencies interested in purchasing and/or managing at -risk units, including entities from the State's qualified entities list. 31. Preservation of At Risk D. As resources are available, provide technical assistance, financial or Ongoing On December 31, 2022, the tenants at Warwick Square Apartments were issued a notice by the owner of the property as required by state law Housing regulatory assistance as feasible to encourage and facilitate the (Government Code Section 65863.10, subdivision (e)(2)), that, in three years, the rules that keep their rent affordable may no longer apply. Later this preservation of projects at risk of conversion. year, the City will contact the owner of this property at risk of conversion to provide technical assistance, financial or regulatory assistance as feasible to encourage and facilitate the preservation of this project at risk of conversion. 32. Anti -displacement and A. Implement a local preference for residents who live or work in Santa 2024 In 2022, the City managed and oversaw a local preference for residents who live or work in Santa Ana and need affordable housing in compliance with Local Housing Preservation Ana and need affordable housing in compliance with all state and federal all state and federal fair housing laws. Specifically, SAHA opened the Housing Choice Voucher Program waiting list application on Monday, May 2, 2022 fair housing laws. until Tuesday, May 31, 2022. During this 30-day period, SAHA received a total of 20,756 applications. Out of the 20,756 applications received, 8,936 applicants selected the City's local residency preference. Out of the 8,936 that selected the City's local residency preference, 387 applicants selected the City's U.S. Military Veteran preference. The 20,756 applications were sorted randomly after these two local preferences are applied to the waiting list. The City's U.S. Military Veterans will have the highest priority and will go to the top of the waiting list, followed by local residents. A maximum of 7,500 applications will be randomly selected. Since SAHA received more applications from residents in the community than the number of applications that will be randomly selected, applicants who applied from outside of Santa Ana will not be selected as part of the lottery process after the local preferences are applied to the waiting list. Prior to the waiting list opening on May 2, 2022, SAHA and City Manager's Office conducted an extensive marketing campaign to promote the waiting list opening. Prior to the waiting list opening, the City conducted seven in -person workshops in the community during the week of April 26, 2022. There were over 1,000 residents who attended these workshops. Staff continued with these extensive marketing efforts during the waiting list opening period from May 2nd to May 31 st and conducted nine in -person workshops and one virtual workshop. Over 600 residents attended these workshops. Staff also hosted several train -the -trainer workshops. All workshops were conducted in English, Spanish, and Vietnamese. The locations of the workshops included community centers, elementary schools, non-profit organizations, and our two public libraries. Workshops were also held during the daytime, evenings, and weekends to accommodate our resident needs. All waiting list flyers and documents, including paper applications were available in English, Spanish, and Vietnamese. City Council 8 — 105 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H. L Status of Program Implementation 32. Anti -displacement and B. Explore a right -of -first -refusal ordinance for mobile home parks and 2024 Late 2023/beginning of 2024, the City will begin its efforts to explore a right -of -first -refusal ordinance for mobile home parks and publicly supported Local Housing Preservation publicly supported multifamily residential properties (including properties multifamily residential properties to minimize tenant displacement and preserve affordable housing stock. at risk of conversion) to minimize tenant displacement and preserve affordable housing stock. 32. Anti -displacement and C. Evaluate and pursue collective ownership models for mobile home 2024 Late 2023/beginning of 2024, the City will begin its efforts to evaluate and pursue collective ownership models for mobile home parks as a tool to Local Housing Preservation parks as a tool to prevent displacement. prevent displacement. 33. Rent Stabilization and A. Implement the Just Cause Eviction Ordinance and Rent Stabilization Dec. 2023 & During 2022, the City implemented the Just Cause Eviction and Rent Stabilization ordinances that were adopted in October of 2021. Specifically, in 2022 Just Cause Eviction Ordinances that were adopted in October 2021 to provide tenant Ongoing the City: (a) created a new webpage with copies of the ordinances, Frequently Asked Questions, Flyers, Forms, Template Letters, and a Power Point protections beyond state mandates and manage affordability of housing Presentation. All documents are available in English, Spanish, and Vietnamese, including those template documents that must be translated into by regulating rent increases. additional languages; (b) issued 10 press releases about the ordinances with information on upcoming workshops to learn more; (c) issued various posts on social media; (d) held six workshops in English, Spanish and Vietnamese with a total of over 240 attendees. The last workshop was held on Wednesday, February 23rd, 2023; (e) mailed informational postcards to 36,350 renters residing in units built before 1995 informing them about the two ordinances; (f) mailed letters to 13,612 rental property owners informing them about their responsibilities under the two ordinances; (g) mailed a notice to all of our affordable housing properties informing them about their exemption from the ordinance; (h) e-mailed a newsletter to all the Section 8 landlords informing them about their exemption from the ordinance; (i) responded to inquiries via email and phone in English, Spanish, and Vietnamese; 0) on September 6, 2022, City Council adopted the Long -Term Implementation Plan for the Rent Stabilization and Just Cause Eviction ordinances. The Long - Term Implementation Plan includes 10 recommendations for the implementation of the City's Rent Stabilization and Just Cause Eviction ordinances including: (1) creating a Rental Housing Board; (2) creating a Rental Registry; (3) adopting a Rental Registry Fee; (4) developing a Work Plan; (5) conducting a Fee Study Based on the Work Plan and Staffing Needs; (6) expanding Compliance Activities; (7) creating a Landlord Capital Improvement Petition and Tenant Petition; (8) establishing Petition Fees and a Petition Review Process; (9) creating a Mediation Process; and (10) joining the Rent Stabilization Consortium; and (K) on October 4, 2022 and October 18, 2022, City Council adopted a first and second reading of an ordinance amending the Rent Stabilization and Just Cause Eviction ordinances. The ordinance amending the Rent Stabilization and Just Cause Eviction ordinances includes all of the components approved by City Council in the Long -Term Implementation Plan as well as other changes. 33. Rent Stabilization and B. Identify and implement the regulatory framework and administrative Dec. 2023 & On September 6, 2022, City Council adopted the Long -Term Implementation Plan for the Rent Stabilization and Just Cause Eviction ordinances. The Just Cause Eviction infrastructure necessary to implement residential rent stabilization, just Ongoing Long -Term Implementation Plan identified the regulatory framework and administrative infrastructure necessary to implement residential rent cause eviction, and other protections for tenants facing housing stabilization, just cause eviction, and other protections for tenants facing housing instability, including: (1) ongoing outreach and education sessions at instability, including: (1) ongoing outreach and education sessions at least annually to landlords, tenants, and the public on the rent stabilization and tenant protections and policies; (2) establishing a Rent Stabilization least annually to landlords, tenants, and the public on the rent Board to serve as an advisory body responsible for developing policies and procedures to implement the program; (3) conduct a fee study to establish stabilization and tenant protections and policies; (2) establishing a Rent an Annual Housing Fee charged to units subject to the ordinances to finance the program; (4) support the billing of fees charged to units subject to the Stabilization Board to serve as an advisory body responsible for ordinances; (5) develop a comprehensive rental unit database; (6) publish the allowable rent increases annually; (7) monitor for program compliance; developing policies and procedures to implement the program; (3) and (8) establish a schedule of penalties that may be imposed for noncompliance. Following adoption of the Long -Term Implementation Plan, on conduct a fee study to establish an Annual Housing Fee charged to units October 4, 2022 and October 18, 2022, City Council adopted a first and second reading of an ordinance amending the Rent Stabilization and Just Cause subject to the Ordinance(s) to finance the program; (4) support the billing Eviction ordinances. The ordinance amending the Rent Stabilization and Just Cause Eviction ordinances includes all of the components approved by of fees charged to units subject to the ordinance(s); (5) develop a City Council in the Long -Term Implementation Plan as well as other changes. In regards to implementing the ordinance, on November 18, 2022, staff comprehensive rental unit database; (6) publish the allowable rent published a new webpage with copies of the ordinances, Frequently Asked Questions, Flyers, Forms, Template Letters, and a Power Point Presentation. increases annually; (7) monitor for program compliance; and (7) All documents are available in English, Spanish, and Vietnamese, including those template documents that must be translated into additional languages. establish a schedule of penalties that may be imposed for In addition, on November 18, 2022, the City issued an RFP for a fee study consultant and a second RFP for a rental registry software provider. noncompliance. City Council 8 — 106 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 33. Rent Stabilization and C. Hire program staff and establish a new division to administer the Just Dec. 2023 & No update for 2022. Just Cause Eviction Cause Eviction Ordinance and Rent Stabilization Ordinances that were Ongoing adopted in October 2021 for tenants facing housing instability. 33. Rent Stabilization and D. Periodically commission studies of the effectiveness of the program, Dec. 2023 & No update for 2022. Just Cause Eviction who it is serving, and how well it is meeting its objectives. Ongoing 34. Down Payment A. Assist low-income households with down payment assistance loans of Ongoing In 2022, eight households were provided with a down payment assistance loan in order to purchase their first home in the City. Assistance up to $120,000 for low-income households and up to $80,000 for moderate -income households. 34. Down Payment B. Periodically review the down payment assistance program to increase Ongoing In 2022 the down payment assistance program began to award $80,000 and $120,000 loans up from $40,000 and $80,000 respectively from the Assistance or adjust the amount of assistance needed per household to purchase previous year. their first home based on the private market. 34. Down Payment C. Hold quarterly workshops for local lenders and mortgage brokers to Once Every Quarter The first workshop with local lenders and mortgage brokers was held in the fall of 2022. These workshops will continue on a quarterly basis. Assistance provide outreach and education on utilizing the City's program in of a Year conjunction with a first mortgage. Workshops will start in August 2022 and continue quarterly. 34. Down Payment D. Hold quarterly workshops for residents to provide education on the Once Every Quarter During 2022, workshops were held on the first Tuesday of each month from February through November. About 200 residents were provided Assistance application process to assist in the pathway to homeownership. of a Year information about the program. Workshops will start in August 2022 and continue quarterly. 34. Down Payment E. Continue to advertise and promote the program to all forms of media Ongoing The City promoted the program at multiple events during 2022, including homebuyer fairs, workshops, event panels, and school open houses. Assistance to reach out to all residents who may be eligible for the program. Community leaders and City employees continue to provide program materials at events held year round. The City Manager's Office periodically posts the program information to all the City's social media platforms. In addition, staff also provides television interviews for local news channels, when requested. The Housing Division participated in the Orange County Community Housing Corporation's Home Buyer Fair on Saturday, June 11, 2022. The fair was a collaboration with lenders, local real estate agents, the City and fellow nonprofit partners, who provided services in English, Spanish and Vietnamese. Guests learned about different programs offered by various agencies, and learned how to achieve homeownership via workshops hosted by Citi and Bank of America. Staff also participated in the Vietnamese National Association of Real Estate Professionals (VNARP) Homeownership Fair on August 11, 2022, at the Garden Grove community center. During the event, staff participated on a panel with other organizations that provide first time home buyer assistance. Staff answered questions, provided staff contact information and assisted with applications as needed with the public in attendance. On August 27, 2022, staff participated in a Home Buyer Expo at HPT Realty & Finance offices, in partnership with VNARP, in the City of Westminster. 34. Down Payment F. Provide financial support and technical assistance to nonprofit Ongoing In 2022, staff provided assistance to organizations that call requesting an informal review of homebuyer applications in order to qualify more first time Assistance organizations to provide homeownership assistance and opportunities homebuyers. for families. 34. Down Payment G. Support nonprofit and for -profit organizations to educate Ongoing In 2022, staff continued to work with organizations to provide workshops to first time homebuyers in the City. Assistance homeowners, administer programs, and expand homeownership opportunities. City Council 8 — 107 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 34. Down Payment H. Identify funding and partner with community based organizations to 12/24/2023 Late 2023, staff will identify funding and partner with community based organizations to support a CLT home ownership program. Assistance support a Community Land Trust (CLT) homeownership program. 35. Care Facilities A. Conduct a comprehensive analysis of the City's Care Home 12/1/2023 Through the Zoning Code update, the City will conduct a comprehensive analysis of the City's Care Home Ordinance to identify constraints and amend Ordinance as part of the Zoning Code Update (see program 18) to the ordinance to ensure consistency with state and federal laws, and to create barrier -free housing choices for persons with disabilities. identify constraints and amend the ordinance to ensure consistency with state and federal laws, and to create barrier -free housing choices for persons with disabilities. 35. Care Facilities B. As part of the Zoning Code Update (see program 18), define facilities 12/112023 Through the Zoning Code update, the City will define facilities not regulated under the Community Care Facilities Act and specify permit process not regulated under the Community Care Facilities Act and specify permit consistent with state law. process consistent with state law. 36. Housing for People with A. Work with affordable housing developers and the Regional Center of Annually In 2022, the City worked with the developer of the Vista Del Rio to conduct compliance inspections and compliance monitoring of the project to ensure Disabilities, including Orange County to expand independent living options for persons with a the units are healthy and safe for the residents and the property management company is in compliance with the City's loan agreements. The 2.7-acre Developmental Disabilities developmental and/or physical disability. site includes 41 special needs apartments. The site plan provides two classrooms for therapy sessions. The California Department of Rehabilitation provides funding for rehabilitation for residents with physical impairments, and the Regional Center of Orange County provides funding for mental health counseling for residents with developmental disabilities. Amenities include a large community room with a kitchen, classrooms, courtyard with fountain, and meditation garden. 36. Housing for People with B. Reviewing or endorse grant opportunities, solicit applications for Annually In 2022, the City reviewed and facilitated the construction or rehabilitation of housing for persons with disabilities. Specifically, as of the end of 2022, the Disabilities, including projects, review and facilitate new projects, or other actions to facilitate City had five affordable housing projects under construction, and two affordable housing projects in pre -development. Each project was made possible Developmental Disabilities the new construction or rehabilitation of housing for persons with through the financial assistance and facilitation services provided by the City. On May 17, 2022, City Council approved three Loan Agreements with disabilities. Westview House L.P. (c/o Community Development Partners) for a total of $3,904,341 for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue. The City's $3,904,341 in financial assistance consists of $2,003,705 in HOME Investment Partnerships Program funds, $1,514,113 in Inclusionary Housing funds, and $386,523 in Rental Rehabilitation Program Funds. The Westview House project will consist of 84 affordable units and one manager's unit, with 58 three- and four -bedroom units for large families, and 26 one- and two -bedroom affordable units for persons experiencing chronic homelessness. 75-percent of the units will be set aside for extremely low-income households at 30- percent AMI.On June 21, 2022, City Council approved a pre -commitment of $5,256,327 in HOME -ARP funds, $484,000 in Inclusionary Housing Funds, 25 project -based vouchers, a Density Bonus Agreement, and loan forgiveness for Jamboree Housing Corporation and WISEPIace for the development of the WISEPIace Permanent Supportive Housing project located at 1411 N. Broadway. The loan forgiveness consists of $723,446.41 in CDBG funds outstanding from a Loan Agreement executed in 1996 and amended in 2001. The WISEPIace Permanent Supportive Housing project will have 47 studio Permanent Supportive Housing (PSH) units and one two -bedroom manager's unit. 1 00-percent of the units will be set aside for extremely low-income households at 30-percent AMI. The studio units will be designated as PSH for persons experiencing chronic homelessness.14 units will serve individuals experiencing chronic homelessness with a mental illness, financed by the Mental Health Services Act ("MHSA" ). Services will be provided for these residents on site by WISEPIace and the Orange County Health Care Agency. City Council 8 — 108 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 36. Housing for People with C. Update the Reasonable Accommodation ordinance's findings for Dec. 2023 Through the Zoning Code update, the City will update the Reasonable Accommodation ordinance's findings for approval to ensure compliance with Disabilities, including approval to ensure compliance with Federal Fair Housing Acts and Federal Fair Housing Acts and California Fair Employment and Housing Act. Developmental Disabilities California Fair Employment and Housing Act by removing constraints, such as amending finding number eight, and ensuring the review process and evaluation criteria meet current fair housing requirements and HUD guidance. 36. Housing for People with D. Hold annual small apartment -managers' workshop to train and Annually The City will continue to hold annual small apartment -managers' workshop to train and educate property owners, HOAs, property managers, and tenants Disabilities, including educate property owners, HOAs, property managers, and tenants about about best practices in property management, neighborhood safety, and landlord/tenant responsibilities. Developmental Disabilities best practices in property management, neighborhood safety, and landlord/tenant responsibilities (see program 44). The training will also cover specific concerns regarding families with children, occupancy standards, and reasonable accommodations and modifications. 36. Housing for People with E. Provide affordable housing opportunities for people with disabilities as Annually In 2022, the City awarded funds following the issuance of a RFP for the development of affordable housing in the city in 2021. Specifically, on December Disabilities, including part of the City's RFP for Affordable Housing Development to support the 7, 2021, the City Council authorized the Community Development Agency to release a FY 2021-2022 RFP (RFP No. 21-136) to develop affordable Developmental Disabilities development of permanent, affordable, and accessible housing that rental and ownership project(s) in the City with available funds from the Inclusionary Housing Fund, HOME Program, HOME -ARP Program, Project - allows people with disabilities to live independent lives. Based Voucher Program, and the Neighborhood Stabilization Program fund. The RFP also included one land asset owned by SAHA. Following this RFP, on June 21, 2022, City Council approved a pre -commitment of $5,256,327 in HOME -ARP funds, $484,000 in Inclusionary Housing Funds, 25 project - based vouchers, a Density Bonus Agreement, and loan forgiveness for Jamboree Housing Corporation and WISEPIace for the development of the WISEPIace Permanent Supportive Housing project located at 1411 N. Broadway. The loan forgiveness consists of $723,446.41 in CDBG funds outstanding from a Loan Agreement executed in 1996 and amended in 2001. The WISEPIace Permanent Supportive Housing project will have 47 studio Permanent Supportive Housing (PSH) units and one two -bedroom manager's unit.100-percent of the units will be set aside for extremely low- income households at 30-percent AMI. The studio units will be designated as PSH for persons experiencing chronic homelessness. 14 units will serve individuals experiencing chronic homelessness with a mental illness, financed by the Mental Health Services Act (" MHSA"). Services will be provided for these residents on site by WISEPIace and OCHCA. The project was awarded bonus points because it would provide at least 75-percent or more for the number of units for extremely low-income families at 30-percent AMI. 36. Housing for People with F. Provide financial assistance to single-family homeowners and renters Ongoing In 2022, the City managed an Agreement with Habitat for Humanity of Orange County to implement the City's Residential Rehabilitation Grant Program. Disabilities, including to make ADA-accessible improvements to their homes. Through this contract, the City provided grants of up to $25,000 to 23 households for the repair and rehabilitation of single-family and mobile homes, Developmental Disabilities prioritizing applicants in R/ECAP and TCAC census tracts seniors disabled residents and low-income households. 37. Emergency Shelters and A. Continue to provide funding for providers of emergency shelter and Ongoing The City provided Emergency Solutions Grant program funds to five organizations, providing seven different programs. Two programs provided shelter; Transitional Housing permanent supportive housing for people who are experiencing one program targeted street outreach for people who are homeless; one program provided homelessness prevention; one program provided data homelessness. Release an RFP by the end of 2022 for the delivery of collection; and two programs provided rapid re -housing. The City's Homeless Evaluation Assessment Response Team (HEART) program oversees permanent housing. I Icitywide homeless outreach needs safety, and security. City Council 8 — 109 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 37. Emergency Shelters and B. Continue to facilitate establishment of emergency shelters and Ongoing In 2022, the City provided financial assistance to finance new permanent supportive housing projects. Specifically, as of the end of 2022, the City had Transitional Housing transitional and supportive housing throughout the planning period. five affordable housing projects under construction, and two affordable housing projects in pre -development. Each project was made possible through Approve and finance 10 new permanent supportive housing projects and the financial assistance provided by the City. On May 17, 2022, City Council approved three Loan Agreements with Westview House L.P. (c/o a new 200+ bed emergency shelter in the planning period. Community Development Partners) for a total of $3,904,341 for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue. The City's $3,904,341 in financial assistance consists of $2,003,705 in HOME Program funds, $1,514,113 in Inclusionary Housing funds, and $386,523 in Rental Rehabilitation Program Funds. The Westview House project will have 84 new affordable units and 1 manager's unit, with 58 three- and four -bedroom units for large families, and 26 one- and two -bedroom affordable units for persons experiencing homelessness. A total of 75-percent of the units will be set aside for extremely low-income households at 30-percent AMI.On June 21, 2022, City Council approved two Loan Agreements for a total combined amount of $4,644,909,15 project -based vouchers, a joint sixty-five (65) year Ground Lease, and a Development Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P. for the development of the Crossroads at Washington affordable housing project located at 1126,1136, & 1146 East Washington Avenue. The City's $4,644,909 financial assistance consists of $3,007,489 in HOME Program funds and $1,637,420 in Neighborhood Stabilization Program funds. The Development Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P. also defers approximately $652,717 of their development impact fees. The Crossroads at Washington project will have 85 new affordable units and 1 manager's unit, with 42 three- and four -bedroom units for large families, and 43 one- and two -bedroom affordable units for persons experiencing homelessness. 100-percent of the units will be for extremely low- income households at 30-percent AMI.On June 21, 2022, City Council approved a pre -commitment of $5,256,327 in HOME -ARP funds, $484,000 in Inclusionary Housing Funds, 25 project -based vouchers, a Density Bonus Agreement, and loan forgiveness for Jamboree Housing Corporation and WISEPIace for the development of the WISEPIace Permanent Supportive Housing project located at 1411 N. Broadway. The loan forgiveness consists of $723,446.41 in CDBG funds outstanding from a Loan Agreement executed in 1996 and amended in 2001. The WISEPIace Permanent Supportive Housing project will have 47 studio Permanent Supportive Housing ("PSH") units and one two -bedroom managers unit. 1 00-percent of the units will be set aside for extremely low-income households at 30- percent AMI. The studio units will be designated as PSH for persons experiencing chronic homelessness. 14 units will serve individuals experiencing chronic homelessness with a mental illness, financed by the Mental Health Services Act ("MHSA"). Services will be provided for these residents on site by WISEPIace and OCHCA. 37. Emergency Shelters and C. Amend the City's Municipal Code as part of Zoning Code Update to Dec. 2023 Through the Zoning Code update, the City will revise the homeless shelter ordinance to comply with state laws. Transitional Housing revise its homeless shelter ordinance to comply with state law, such as AB 139 and AB 101 and most recent best practices. City Council 8 —110 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 38. Permanent Supportive A. Provide funding and technical assistance to support the development Ongoing In 2022, the City provided financial assistance to finance new permanent supportive housing projects. Specifically, as of the end of 2022, the City had Housing of permanent supportive housing for people experiencing homelessness. five affordable housing projects under construction, and two affordable housing projects in pre -development. Each project was made possible through the financial assistance provided by the City. On May 17, 2022, City Council approved three Loan Agreements with Westview House L.P. (c/o Community Development Partners) for a total of $3,904,341 for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue. The City's $3,904,341 in financial assistance consists of $2,003,705 in HOME Program funds, $1,514,113 in Inclusionary Housing funds, and $386,523 in Rental Rehabilitation Program Funds. The Westview House project will have 84 new affordable units and 1 manager's unit, with 58 three- and four -bedroom units for large families, and 26 one- and two -bedroom affordable units for persons experiencing homelessness. A total of 75-percent of the units will be set aside for extremely low-income households at 30-percent AMI.On June 21, 2022, City Council approved two Loan Agreements for a total combined amount of $4,644,909,15 project -based vouchers, a joint sixty-five (65) year Ground Lease, and a Development Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P. for the development of the Crossroads at Washington affordable housing project located at 1126,1136, & 1146 East Washington Avenue. The City's $4,644,909 financial assistance consists of $3,007,489 in HOME Program funds and $1,637,420 in Neighborhood Stabilization Program funds. The Development Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P. also defers approximately $652,717 of their development impact fees. The Crossroads at Washington project will have 85 new affordable units and 1 manager's unit, with 42 three- and four -bedroom units for large families, and 43 one- and two -bedroom affordable units for persons experiencing homelessness. 100-percent of the units will be for extremely low- income households at 30-percent AMI.On June 21, 2022, City Council approved a pre -commitment of $5,256,327 in HOME -ARP funds, $484,000 in Inclusionary Housing Funds, 25 project -based vouchers, a Density Bonus Agreement, and loan forgiveness for Jamboree Housing Corporation and WISEPIace for the development of the WISEPIace Permanent Supportive Housing project located at 1411 N. Broadway. The loan forgiveness consists of $723,446.41 in CDBG funds outstanding from a Loan Agreement executed in 1996 and amended in 2001. The WISEPIace Permanent Supportive Housing project will have 47 studio Permanent Supportive Housing ("PSH") units and one two -bedroom managers unit. 1 00-percent of the units will be set aside for extremely low-income households at 30- percent AMI. The studio units will be designated as PSH for persons experiencing chronic homelessness. 14 units will serve individuals experiencing chronic homelessness with a mental illness, financed by the Mental Health Services Act ("MHSA"). Services will be provided for these residents on site by WISEPIace and OCHCA. 38. Permanent Supportive B. Continue efforts to address Homeless Youth needs through access to Ongoing The City continues efforts to address homeless youth needs through access to permanent and supportive housing and workforce development. Housing permanent and supportive housing and workforce development. 38. Permanent Supportive C. Amend the Municipal Code to comply with AB 2162. Dec. 2023 Through the Zoning Code update, the City will amend the municipal code to comply with AB 2162. Housing City Council 8 —111 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 38. Permanent Supportive D. As part of the RFP for Affordable Housing Development (see program Ongoing In 2022, the City awarded funds following the issuance of a RFP for the development of affordable housing in the city in 2021. Specifically, on December Housing 2), request proposals for permanent supportive housing from owners 7, 2021, the City Council authorized the Community Development Agency to release a FY 2021-2022 RFP (RFP No. 21-136) to develop affordable and/or affordable housing developers together with at least one service rental and ownership project(s) in the City of Santa Ana with available funds from the Inclusionary Housing Fund, HOME Program, HOME -ARP provider. Projects will provide affordable housing opportunities for Program, Project -Based Voucher Program, and the Neighborhood Stabilization Program fund. The RFP also included one land asset owned by SAHA. special needs populations including, but not limited to, homeless Following this RFP, on June 21, 2022, City Council approved a pre -commitment of $5,256,327 in HOME -ARP funds, $484,000 in Inclusionary Housing individuals and families, and persons with a disability. Funds, 25 project -based vouchers, a Density Bonus Agreement, and loan forgiveness for Jamboree Housing Corporation and WISEPIace for the development of the WISEPIace Permanent Supportive Housing project located at 1411 N. Broadway. The loan forgiveness consists of $723,446.41 in CDBG funds outstanding from a Loan Agreement executed in 1996 and amended in 2001. The WISEPIace Permanent Supportive Housing project will have 47 studio Permanent Supportive Housing ("PSH") units and one two -bedroom manager's unit.100-percent of the units will be set aside for extremely low-income households at 30-percent AMI. The studio units will be designated as PSH for persons experiencing chronic homelessness.14 units will serve individuals experiencing chronic homelessness with a mental illness, financed by the Mental Health Services Act ("MHSA" ). Services will be provided for these residents on site by WISEPIace and OCHCA. The project was awarded bonus points because it would provide at least 75-percent or more for the number of units for extremely low-income families at 30-percent AMI. 39. Supportive Services A. Annually, allocate grant funding as available to agencies that provide Ongoing In 2022 the City provided ESG funding to five different organizations for seven different programs to support the provision of homelessness prevention, services to people experiencing homelessness or at risk of becoming shelter, outreach and supportive services that align with the 10-Year Plan to End Homelessness. homeless. 39. Supportive Services B. Every five years, participate with other local jurisdictions in the Orange Every Five Years The City will continue, every five years, to participate with other local jurisdictions in the Orange County ESG Collaborative to leverage funds and ensure County ESG Collaborative to leverage funds and ensure maximum maximum impact. impact. Re-evaluate and participate in ESG Collaborative for the next five-year period at the end of this term. 40. Senior Services A. Support food distribution programs and similar senior services. Ongoing The Parks, Recreation, and Community Services Agency will continue to support and fund food distribution programs and other senior services. Provide a minimum of $30,000 (proportionate to funding available) to service providers that apply for funding and are eligible under CDBG. 40. Senior Services B. Support private and nonprofit entities to match seniors in house- Ongoing The Parks, Recreation, and Community Services Agency will continue to support and fund private and non-profit entities to match seniors in house - sharing arrangements. Provide a minimum of $30,000 (proportionate to sharing arrangements. funding available) to service providers that apply for funding and are eligible under CDBG. 40. Senior Services C. The City's PRCSA will continue to fund Meals on Wheels, a nonprofit Ongoing The Parks, Recreation, and Community Services Agency will continue to support and fund Meals on Wheels. organization that provides healthy meals to seniors at two City community centers. In addition, the CDBG public service application is released every two years to nonprofits to provide public services to Santa Ana residents that include services to seniors. For FY 2022 and FY 2023, the CDBG program awarded a total of $60,000 to Working Wardrobes to address the employment challenges faced by seniors and will provide workforce development services to seniors age 55 and over. City Council 8 —112 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in HE Status of Program Im Iementa ' 41. Family Housing A. Provide Housing Choice Vouchers to extremely low-income and very Ongoing In 2022, SAHA utilized 100-percent of the Annual Budget Authority provided by HUD to administer vouchers. In addition, SAHA opened the Housing low-income families (see program No. 29). Choice Voucher Program waiting list application on Monday, May 2, 2022 to Tuesday, May 31, 2022. During this 30-day period, SAHA received a total of 20,756 applications. Out of the applications received, 8,936 applicants selected the City's local residency preference. Of which, 387 applicants selected the City's U.S. Military Veteran preference. The 20,756 applications will be sorted randomly after these two local preferences are applied to the waiting list. The City's U.S. Military Veterans will have the highest priority and will go to the top of the waiting list, followed by local residents. A maximum of 7,500 applications will be randomly selected. Since SAHA received more applications from residents in our community than the number of applications that will be randomly selected, applicants who applied from outside of our community will not be selected as part of the lottery process after the local preferences are applied to the waiting list. Prior to the waiting list opening on May 2, 2022, SAHA and City Manager's Office conducted an extensive marketing campaign to promote the waiting list opening. Prior to the waiting list opening, seven in -person workshops in the community during the week of April 26, 2022 were conducted. There were over 1,000 residents who attended these workshops. Staff continued with our extensive marketing efforts during the waiting list opening period from May 2nd to May 31st and conducted nine in -person workshops and one virtual workshop. Over 600 residents attended these workshops. Staff also hosted several train -the -trainer workshops. All workshops were conducted in English, Spanish, and Vietnamese. The locations of the workshops included community centers, elementary schools, non-profit organizations, and our two public libraries. Workshops were also held during the daytime, evenings, and weekends to accommodate our resident needs. All waiting list flyers and documents, including paper applications were available in English, Spanish, and Vietnamese. City Council 8 —113 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 41. Family Housing B. Provide financial assistance to support the production and/or Ongoing In 2022, the City provided financial assistance to support the acquisition, rehabilitation, and new construction of properties to preserve and increase rehabilitation of affordable housing for extremely low-, very low-, and low- affordable housing opportunities for lower income households. Specifically, as of the end of 2022, the City had five affordable housing projects under income large families (see program No. 1). construction, and two affordable housing projects in pre -development. Each project was made possible through the financial assistance provided by the City. On May 17, 2022, City Council approved three Loan Agreements with Westview House L.P. (c/o Community Development Partners) for a total of $3,904,341 for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue. The City's $3,904,341 in financial assistance consists of $2,003,705 in HOME Program funds, $1,514,113 in Inclusionary Housing funds; and $386,523 in Rental Rehabilitation Program Funds. The Westview House project will have 84 new affordable units and 1 manager's unit, with 58 three- and four -bedroom units for large families, and 26 one- and two -bedroom affordable units for persons experiencing homelessness. A total of 75-percent of the units will be set aside for extremely low-income households at 30-percent AMI.On June 21, 2022, City Council approved two Loan Agreements for a total combined amount of $4,644,909,15 project -based vouchers, a joint 65-year Ground Lease, and a Development Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P. for the development of the Crossroads at Washington affordable housing project located at 1126, 1136, & 1146 East Washington Avenue. The City's $4,644,909 financial assistance consists of $3,007,489 in HOME Program funds and $1,637,420 in Neighborhood Stabilization Program funds. The Development Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P. also defers approximately $652,717 of their development impact fees. The Crossroads at Washington project will have 85 new affordable units and 1 manager's unit, with 42 three - and four -bedroom units for large families, and 43 one- and two -bedroom affordable units for persons experiencing homelessness. 100-percent of the units will be for extremely low- income households at 30-percent AMI.On June 21, 2022, City Council approved a pre -commitment of $5,256,327 in HOME -ARP funds, $484,000 in Inclusionary Housing Funds, 25 project -based vouchers, a Density Bonus Agreement, and loan forgiveness for Jamboree Housing Corporation and WISEPIace for the development of the WISEPIace Permanent Supportive Housing project located at 1411 N. Broadway. The loan forgiveness consists of $723,446.41 in CDBG funds outstanding from a Loan Agreement executed in 1996 and amended in 2001. The WISEPIace Permanent Supportive Housing project will have 47 studio Permanent Supportive Housing ("PSH") units and one two -bedroom manager's unit. 100-percent of the units will be set aside for extremely low-income households at 30-percent AMI. The studio units will be designated as PSH for persons experiencing chronic homelessness. 14 units will serve individuals experiencing chronic homelessness with a mental illness, financed by the Mental Health Services Act ("MHSA"). Services will be provided for these residents on site by WISEPIace and OCHCA. On December 2, 2022, City Council conducted 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.1st Street. 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. 41. Family Housing C. Offer down payment assistance to qualified low-income and moderate Ongoing In 2022, eight households were provided with a down payment assistance loan in order to purchase their first home in the City. income families see program No.34. City Council 8 —114 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in HE Status of Program Implementation 41. Family Housing D. Encourage the development of larger rental and ownership units for Ongoing In 2022, the City facilitated and encouraged the development of larger rental and ownership units for families, including lower and moderate -income families, including lower and moderate -income families, through the families, and the provision of childcare, after -school care, and other services when feasible, by including selection criteria and points for projects that selection criteria for the RFP for Affordable Housing Development (see significantly increases affordable housing opportunities for large families (three- and four -bedroom units). On May 17, 2022, City Council approved three program 2) that is issued once a year. The objective is to finance the Loan Agreements with Westview House L.P. (c/o Community Development Partners) for a total of $3,904,341 for the development of the Westview development of at least one multifamily affordable housing project per House affordable housing project located at 2530 & 2534 Westminster Avenue. The City's $3,904,341 in financial assistance consists of $2,003,705 in year. HOME Program funds; $1,514,113 in Inclusionary Housing funds; and $386,523 in Rental Rehabilitation Program Funds. The Westview House project will have 84 new affordable units and 1 manager's unit, with 58 three- and four -bedroom units for large families, and 26 one- and two -bedroom affordable units for persons experiencing homelessness. A total of 75-percent of the units will be set aside for extremely low-income households at 30- percent AMI.On June 21, 2022, City Council approved two Loan Agreements for a total combined amount of $4,644,909,15 project -based vouchers, a joint 65-year Ground Lease, and a Development Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P. for the development of the Crossroads at Washington affordable housing project located at 1126,1136, & 1146 East Washington Avenue. The City's $4,644,909 financial assistance consists of $3,007,489 in HOME Program funds and $1,637,420 in Neighborhood Stabilization Program funds. The Development Impact Fee Deferral Agreement with Washington Santa Ana Housing Partners, L.P. also defers approximately $652,717 of their development impact fees. The Crossroads at Washington project will have 85 new affordable units and 1 manager's unit, with 42 three- and four - bedroom units for large families, and 43 one- and two -bedroom affordable units for persons experiencing homelessness. 100-percent of the units will be for extremely low- income households at 30-percent AMI.On November 15, 2022, City Council approved a pre -commitment $2,200,000 in Inclusionary Housing Funds for Habitat for Humanity of Orange County for the development of six affordable ownership units at 1921 W Washington Avenue. The six affordable ownership units will be set aside for low-income households at 80-percent AMI. All units will have approximately 1,430 sq. ft. of interior living space, with 3-bedrooms and 2.5-bathrooms, a private yard (431 sq. ff.), and a private two -car garage with direct access to each unit (residents will be required to park vehicles in the garages and not use garages only for storage). 42. Child Care Options A. Review and update regulations pertaining to day/childcare as part of Dec. 2023 Through the Zoning Code update, the City will review and update regulations pertaining to day/childcare facilities. the Zoning Code Update (see program 18) to ensure consistency with state laws and consider incentives for co -locating childcare facilities in affordable housing projects or other alternatives if found to be infeasible. 42. Child Care Options B. Continue funding organizations that help address and meet the Jul. 2022 In 2022, CDBG Public Service funds were provided to multiple organizations that help address and meet the supportive service needs of Santa Ana's supportive service needs of Santa Ana's children. children. 42. Child Care Options C. Issue a CDBG public service application every two years to eligible Jul. 2022 The CDBG Public Service application for the 2022-2024 service year was released at the end of 2021. FY 2022 eligible non-profit organizations were nonprofit organizations to provide public service programs to Santa Ana awarded funds. residents that include services for children and youth. 43. Multi -Generational A. Incorporate development and site design standards in residential Dec. 2023 Through the Zoning Code update, the City will incorporate development and site design standards in residential zones that offer flexibility to promote Housing and Accessory zones through the Zoning Code Update (see program 18) that offer multigenerational housing. Dwelling Units ADUs flexibility to promote innovative models of multigenerational housing. 43. Multi -Generational B. Publish preapproved ADU prototype plans to provide greater certainty Jul. 2022 PBA staff continued working with the selected consultant on the development of 12 pre -approved plan sets for ADU construction. Plans include studio Housing and Accessory and quality in the development of such housing. through three -bedroom units. Plan sets went through three plan check review cycles in 2022. Plans are expected to be completed and program live by Dwelling Units ADUs Summer 2023. 43. Multi -Generational C. Market the ADU program through a dedicated web page on the City's Jul. 2022 The City's continues to market the ADU program within the Planning Division webpage but will soon create a webpage devoted just for the ADU Housing and Accessory planning website; provide downloadable educational flyers in English, program. Dwelling Units ADUs Spanish, and Vietnamese that publicize the program. City Council 8 —115 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2022 Jan.1- Dec.31 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation 43. Multi -Generational D. Pursue grant funding to assist lower- and moderate -income Ongoing The City continues to pursue grants to assist lower- and moderate -income homeowners to construct ADUs. Housing and Accessory homeowners to construct ADUs. Dwelling Units ADUs 43. Multi -Generational E. Study ADU plan review fees to seek opportunities to reduce fees and Dec. 2023 The City intends to conduct a fee study on ADU fees later this year. Housing and Accessory costs of developing ADUs. Dwelling Units ADUs 43. Multi -Generational F. Monitor the level of production of ADUs every two years, and if Every Two Years The City will, every two years, monitor the level of production of ADUs, and if production levels fall below goals, take actions to increase production or Housing and Accessory production levels fall below goals, take actions to increase production or find suitable sites to accommodate a shortfall within six months. Dwelling Units (ADUs) find suitable sites to accommodate a shortfall within six months. 43. Multi -Generational G. Amend the ADU ordinance to comply with state law and to incorporate Dec. 2023 As part of the Zoning Code update, the City will amend the ADU ordinance to comply with state law. Housing and Accessory best practices. Dwelling Units ADUs 44. Fair Housing A. Ensure all City programs and activities relating to housing and Ongoing In 2022, all City programs and activities relating to housing and community development were administered in a manner that affirmatively furthers fair community development are administered in a manner that affirmatively housing. furthers fair housing. 44. Fair Housing B. Continue to provide CDBG funds on an annual basis to a fair housing Annually & Ongoing In 2022, the City contracted with the Fair Housing Council of Orange County to discourage unlawful practices, resolve tenant/ landlord disputes, provide organization to discourage unlawful practices, resolve tenant/ landlord education, and further equal housing opportunities. disputes, provide education, and further equal housing opportunities, including focused outreach in RECAP and TCAC census tracts. 44. Fair Housing C. Periodically prepare the Analysis of Impediments to Fair Housing Jul. 2025, & Every 5 On February 9, 2023, HUD published in the Federal Register a Notice of Proposed Rulemaking (NPRM) entitled "Affirmatively Furthering Fair Housing". Choice to identify, remove, and/or mitigate potential impediments to fair Years After The proposed rule would faithfully implement the Fair Housing Act's statutory mandate to affirmatively further fair housing (AFFH), which directs HUD to housing in Santa Ana. ensure that the agency and its program participants proactively take meaningful actions to overcome patterns of segregation, promote fair housing choice, eliminate disparities in opportunities, and foster inclusive communities free from discrimination. HUD welcomes robust public comment on this proposed rule. Public comments are requested within 60 days of publication of the NPRM, by April 10, 2023. 44. Fair Housing D. Hold annual small apartment -managers' workshop to train and Annually The City will continue to hold annual small apartment -managers' workshop to train and educate property owners, HOAs, property managers, and tenants educate property owners, HOAs, property managers, and tenants on about best practices in property management, neighborhood safety, and landlord/tenant responsibilities. best practices in property management, neighborhood safety, and landlord/tenant responsibilities. 44. Fair Housing E. Partner with legal assistance organizations to provide legal clinics for Annually The City will continue to partner with legal assistance organizations to provide legal clinics for tenants on tenants' rights and recourse for intimidation and tenants on tenants' rights and recourse for intimidation and unjust unjust evictions. evictions. 44. Fair Housing F. Provide a mandatory fair housing training to all Housing Authority and Annually In August 2022, a mandatory fair housing training was provided to all Housing Authority and Housing Division staff involved in the development, Housing Division staff involved in the development, provision, or provision, or implementation of housing programs. implementation of housing programs. 45. Reducing Second -Hand A. Conduct education efforts in concert with stakeholders and partners in Ongoing The City will continue to conduct educational efforts in concert with stakeholders and partners in the community. Smoke the community. 45. Reducing Second -Hand B. Explore a smoke -free ordinance in multifamily housing in Santa Ana. If Dec. 2023 As part of the Zoning Code update, the City will explore a Smoke -Free ordinance. Smoke determined to be feasible, include ordinance along with Zoning Code Update see Frogram 18). City Council 8 —116 3/21/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation City Council 8 —117 3/21/2023 Jurisdiction Santa Ana Reporting Period 2022 (Jan. 1 - Dec. 31) Planning Period 6thCycle 10n512021-10n51202e ANNUAL ELEMENT PROGRESS REPORT �N,te: "*^ indicates an optional field Cells in grey contain auto -calculation Housing Element Implementation formulas (CCR Title 25 §6202) DevelopmentCommercial Project Identifier Units Constructed as Part of Agreement ve Moderate income Citt ouncil 8 —118 3/21/2023 Annual Progr s Report Jurisdiction Santa Ana Reporting Period 2022 (Jan. 1 - Dec. 31) Planning Period 6th Cycle 10/15/2021-10/1512029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Note: 'Y' indicates an optional field Cells in grey contain auto -calculation formulas Table F Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non -affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net -new housing units and must be reported in Table A2 and not reported in Table F. Units that Count Towards RHNA ' The description should adequately document how Units that Do Not Count Towards RHNA Note - Because the statutory requirements severely limit what can be each unit complies with subsection (c) of Government counted, please contact HCD to receive the password that will enable you Code Section 65583.1'. Activity Type Listed for Informational Purposes Only to populate these fields. For detailed reporting requirements, see the chcklist here: Extremely Low- Extremely Low- Very Low- https://www.hcd.ca.gov/commurity- Incomee Very Low -Income' Low -Income TOTAL UNITS' Income* Income+ Low -Income+ TOTAL UNITS development/does/adequate-sites-checklist.pdf Rehabilitation Activity Preservation of Units At -Risk Acquisition of Units Mobilehome Park Preservation Total Units by Income Annual P60694%brt 8 —119 3/21 /2023 January 2020 tl, tlunemaioe same a„ ANNUAL ELEMENT PROGRESS REPORT ewnonm neua n;ey Penetl I1ee.1 -oaC 3n Housing Element Implementation ema,ey�mem emo�emeienee m,mwas PI.- T.bl. Penetl mn cycle 10/15/2021-10/i512029 ----------------- ---------------- ---------------- ---------------- ---------------- ---------------- ---------------- City Council 8 — 120 3/21/2023 City Council 8 — 120 3/21/2023 NOTE: This table must only be filled out if the housing element Jurisdiction Santa Ana sites inventory contains a site which is or was owned by the Note: 'Y' indicates an optional field reporting jurisdiction, and has been sold, leased, or otherwise Cells in grey contain auto -calculation Reporting Period 2022 (Jan. 1 - Dec. 31) disposed of during the reporting year. formulas Planning Period 6th Cycle 10/15/2021-10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation City Council 8 — 121 3/21/2023 Jurisdiction Santa Ana NOTE: This table is meant to contain an invenory of Note: 'Y' indicates an optional field an. I - Uec. ALL surplus/excess lands the reporting jurisdiction tens in grey contain auto -calculation Reporting Period 2022 31) owns formulas ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation For Orange County jurisdictions, please format the APN's as follows:999-999-99 Table H Locally Owned Surplus Sites Parcel Identifier Designation Size Notes 1 2 3 4 5 6 7 ff Number of Surplus Parcel Size (in APN Street Address/Intersection Existing Use Units Designation acres) Notes Summary Row: Start Data Entry Below 010-295-23 430 S. Bristol St. Vacant Exempt Surplus 0.104729109 Land 010-295-22 434 S. Bristol St. Vacant Exempt Surplus 0.100688705 Land 010-295-21 438 S. Bristol St. Vacant Exempt Surplus 0.100711662 Land 010-295-20 442 S. Bristol St. Vacant Exempt Surplus 0.100826446 Land 010-295-19 446 S. Bristol St. Vacant Exempt Surplus 0.100711662 Land 010-295-18 502 S. Bristol St. Vacant Exempt Surplus 0.100482094 Land 010-295-17 506 S. Bristol St. Vacant Exempt Surplus 0.100367309 Land 010-295-16 510 S. Bristol St. Vacant Exempt Surplus 0.100275482 Land 010-295-15 514 S. Bristol St. Vacant Exempt Surplus 0.100068871 Land 010-295-14 518 S. Bristol St. Vacant Exempt Surplus 0.1 Land 010-295-13 522 S. Bristol St. Vacant Exempt Surplus 0.099655647 Land 109-345-20 712 S. Bristol St. Vacant Exempt Surplus 0.099885216 Land 109-345-19 716 S. Bristol St. Vacant Exempt Surplus 0.098553719 Land 109-345-18 720 S. Bristol St. Vacant Exempt Surplus 0.098553719 Land 109-345-17 802 S. Bristol St. Vacant Exempt Surplus 0.098553719 Land 109-345-16 806 S. Bristol St. Vacant Exempt Surplus 0.098553719 Land 109-345-15 810 S. Bristol St. Vacant Exempt Surplus 0.098553719 Land 109-345-14 814 S. Bristol St. Vacant Exempt Surplus 0.098530762 Land 109-345-13 818 S. Bristol St. Vacant Exempt Surplus 0.098530762 Land 109-345-12 822 S. Bristol St. Vacant Exempt Surplus 0.098530762 Land 109-345-11 902 S. Bristol St. Vacant Exempt Surplus 0.108149679 Land 015-194-43 2235 S. Bristol St. Vacant Exempt Surplus 0.164141414 Land 015-194-43 1211 W. Warner Ave. Vacant Exempt Surplus 0.235651974 Land 398-385-03 1222 E. 4th St. Vacant Exempt Surplus 0.143296602 Land 398-385-04 1225 E 4th St. Vacant Exempt Surplus 0.066161616 Land 398-385-05 1221 E. 3rd. St. Vacant Exempt Surplus 0.082874197 Land 008-091-01 315 N. Bristol St. Vacant Exempt Surplus 0.170500459 Land 008-091-13 303 N. Bristol St. Vacant Exempt Surplus 0.023783287 Land 008-091-14 1247 W. 3rd St. Vacant Exempt Surplus 0.147211203 Land 008-091-02 1244 W. Santa Ana Blvd. Vacant Exempt Surplus 0.147781451 Land 398-453-05 1214 E. 3rd St. Vacant Exempt Surplus 0.142860422 Land 398-453-06 202 N. Grand Ave. Vacant Exempt Surplus 0.434251607 Land 008-081-28 517 N. Bristol St. Vacant Exempt Surplus 0.075022957 Land 008-081-26 515 N. Bristol St. Vacant Exempt Surplus 0.133034894 Land 008-082-29 1247 W. Santa Ana Blvd. Vacant Exempt Surplus 0.129384757 Land City Council 8 - 122 3/21/2023 Jurisdiction Santa Ana NOTE: This table is meant to contain an invenory of Note: 'Y' indicates an optional field an. I - Dec. ALL surplus/excess lands the reporting jurisdiction tens in grey contain auto-caicuiauon Reporting Period 2022 31) owns formulas ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation For Orange County jurisdictions, please format the APN's as follows:999-999-99 Table H Locally Owned Surplus Sites Parcel Identifier Designation Size Notes 1 2 3 4 5 6 7 APN Street Address/Intersection ff Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes Summary Row: Start Data Entry Below 398-492-14 823 E. 1st St. Vacant Exempt Surplus Land 0.099471993 007-203-24 1503 W. 1st St. Vacant Exempt Surplus Land 0.091809688 405-074-38 724 N. Bristol St. Vacant Exempt Surplus Land 0.122612489 405-074-38 716 N. Bristol St. Vacant Exempt Surplus Land 0.083218549 405-074-38 712 N. Bristol St. Vacant Exempt Surplus Land 0.077226814 405-074-38 704 N. Bristol St. Vacant Exempt Surplus Land 0.11097337 007-302-21 302 S. Bristol St. Vacant Exempt Surplus Land 0.103673095 007-302-20 306 S. Bristol St. Vacant Exempt Surplus Land 0.124885216 007-302-19 310 S. Bristol St. Vacant Exempt Surplus Land 0.121189164 007-302-18 314 S. Bristol St. Vacant Exempt Surplus Land 0.12362259 007-302-17 318 S. Bristol St. Vacant Exempt Surplus Land 0.122979798 007-302-16 402 S. Bristol St. Vacant Exempt Surplus Land 0.122337006 007-302-15 406 S. Bristol St. Vacant Exempt Surplus Land 0.11932966 005-142-35 921 N. Flower St. Vacant Exempt Surplus Land 0.103236915 005-142-58 915 N. Flower St. Vacant Exempt Surplus Land 0.032736455 005-142-47 842 N. Gamsey St. Vacant Exempt Surplus Land 0.136478421 City Council 8 — 123 3/21/2023 Jurisdiction Santa Ana NOTE: SB 9 PROJECTS ONLY. This table only needs to be completed if there were lot splits applied for pursuant to Government Code 66411.7 OR units constructed pursuant to Reporting Period 2022 (Jan. 1 - Dec. 31) 65852.21. Units entitled/permifted/constructed must also be reported in Table A2. Applications for these Planning Period 6th Cycle 10115/2021 - 1o11512029 units must be reported in Table A. ANNUAL ELEMENT PROGRESS REPORT optionalfeld Cells in grey contain auto -calculation Housing Element Implementation formulas Project Identifier Unit Constructed Street Address Project Name* L—allurisdiction Tracking ID' MOM= Moderate Income Abme Moderate Income ----------- I Data Entry Below ----------- ----------- Citt ouncil 8 — 124 3/21/2023 Annual Progr s Report Jurisdiction Santa Ana Reporting Period 2022 (Jan. 1 - Dec. 31) Planning Period 6thCcle 10nsi2021-1DI1.2020 NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to Government Code65915(b)(1)(F) ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Note: -+" indicates an optional field Cells in grey contain auto -calculation formulas Table J Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Project Type Date Units (Beds/Student Capacity) Approved Units (Beds/Student Capacity) Granted Density Bonus Notes 1 2 3 4 5 6 APN Street Address Project Name Local Jurisdiction Tracking ID' Unit Category (SH - Student Housing) Date - Deed Restricted Income Very Low Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate. In Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total Additional Betls Created Due to Density Bonus Notes Summary Row: Stan Data Entry Below Annual Progress`K ponrf II 8 - 125 3/21 /2023 January 2020 Jurisdiction Santa Ana Reporting Year 2022 (Jan. 1 - Dec. 31) Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Building Permits Issued by Affordability Summary Income Level Current Year Very Low Deed Restricted 148 Non -Deed Restricted 43 Low Deed Restricted 21 Non -Deed Restricted 81 Moderate Deed Restricted 0 Non -Deed Restricted 41 Above Moderate 567 Total Units 901 Note: Units serving extremely low-income households are included in the very low-income permitted units totals Units by Structure Type Entitled Permitted Completed SFA 0 0 33 SFD 2 12 75 2to4 0 1 0 5+ 109 718 824 ADU 0 170 102 MH 1 01 01 0 Total 111 901 1034 Housing Applications Summary Total Housing Applications Submitted: 312 Number of Proposed Units in All Applications Received: 1,576 Total Housing Units Approved: 88 Total Housing Units Disapproved: 0 Use of SB 35 Streamlining Provisions Number of Applications for Streamlining 0 Number of Streamlining Applications Approved 0 Total Developments Approved with Streamlining 0 Total Units Constructed with Streamlining 0 Units Constructed - SB 35 Streamlining Permits Income Rental Ownership Total Very Low 0 0 0 Low 0 0 0 Moderate 0 0 0 Above Moderate 0 0 0 Total 0 0 0 Cells in grey contain auto -calculation formulas City Council 8 — 126 3/21/2023 Jurisdiction Santa Ana Reporting Year 2022 (Jan. 1 - Dec. 31) ANNUAL ELEMENT PROGRESS REPORT Local Early Action Planning (LEAP) Reporting (CCR Title 25 §6202) Please update the status of the proposed uses listed in the entity's application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. Total Award Amount $ 750,000.00 Total awordomountis outo-populo dbosed on amounts entered in rows l6-26. Task $ Amount Awarded E Cumulative Reimb ursement Requests Task Status Fundin tes Housing Element Update $250,000.00 $0.00 In Progress Local General Fund Zoning Code Update $500,000.00 $0.00 In Progress Local General Fund Summary of entitlements, building oermits, and certificates of occuoancv(auto-ooculated from Table A2) Completed Entitlement Issued by Affordability Summary Income Level Current Year Very Low Deed Restricted 0 Non -Deed Restricted 0 Low Deed Restricted 8 Non -Deed Restricted 0 Moderate Deed Restricted 6 Non -Deed Restricted 0 Above Moderate 97 Total Units 111 &iiBullding Permits Issued by Affordability Summary Income Level Current Year Very Low Deed Restricted 148 Non -Deed Restricted 43 Low Deed Restricted 21 Non -Deed Restricted 81 Moderate Deed Restricted 0 Non -Deed Restricted 41 Above Moderate 567 Total Units 901 Certificate of Occupancy Issued by Affordability Summary Income Level Current Year VeryLow Deed Restricted 0 Non -Deed Restricted 17 Low Deed Restricted 0 Non -Deed Restricted 63 Moderate Deed Restricted 0 Non -Deed Restricted 16 Above Moderate 938 Total Units 1034 City Council 8 — 127 3/21/2023 City of Santa Ana General Plan Environmental Justice Policy Implementation and Community Engagement Framework (updated 2/27/2023 Environmental Justice . Reduce the unique or compounded health risks in disadvantaged communities by reducing pollution Policy Framework exposure and promoting public improvements, public services, community amenities, food access, safe and sanitary homes, and physical activity (City of Santa Ana Draft Environmental Justice Framework, Revised December 2021, p. 6, https://www.santa-ana.org/documents/environmental-justice-policy- f ra m ewo rk-d raft-d e ce m be r-2021 /) • Promote civic engagement in the public decision -making process with the objective of engaging 33 of Santa Ana's 64 neighborhood associations that are partially or fully located within CaIEPA Disadvantaged Communities based on CalEnviroScreen 4.0 analysis and census tract data (City of Santa Ana Draft Environmental Justice Framework, Revised December 2021, pg. 6, and https://www.santa-ana.org/documents/environmental-justice-communities-map/) • Prioritize improvements and programs that address the needs of disadvantaged communities ( City of Santa Ana Draft Environmental Justice Framework, Revised December 2021, pg. 6, https://www.santa- ana.org/documents/environmental-justice-policy-framework-draft-december-2021 /) Land Use Element Formation of Ad Hoc Committee to develop ongoing EJ Community Engagement for disadvantaged EJ Policy 3.25 - communities and host quarterly Roundtable meetings with local stakeholders to guide and evaluate Engage EJ implementation of environmental Justice Policies Communities Implementation: Objectives: • Develop an application that would be made available throughout the City through the Neighborhood Committee Associations, as well as at libraries and community and senior centers, to encourage those from Formation identified disadvantaged communities to apply for consideration. (March 2023-May 2023) • Select a core team of five (5) residents, one (1) representative from the City of Santa Ana (PBA/PWA) and one (1) representative from the Orange County Health Care Agency to form the initial committee and collaborate on the implementation of the General Plan EJ policies and actions • Apply the following Criteria for the Committee: ✓ Prioritize diversity, equity, and inclusion criteria in the selection of core representatives ✓ Reside in a Santa Ana EJ community/ disadvantaged area, census tract boundary and/or neighborhood association within EJ census tract boundary (https://www.santa- ana.org/documents/santa-ana-neighborhoods-and-calepa-disadvantaged-communities/) ✓ Geographic representation of EJ cluster areas (West, Southwest, Southeast, Central, East) ✓ Recent experience and active participation with General Plan and EJ issues ✓ Discuss roles and consultation of City, County, and regulatory agency staff • Recommend agenda and convene Committee in June 2023 to discuss priorities, decision -making goals, and coordination for grant opportunities to fund EJ actions and programs City Council 8 — 128 3/21/2023 Page 1 City of Santa Ana General Plan Environmental Justice Policy Implementation and Community Engagement Framework (updated 2/27/2023 continued Committee Process and Member Commitment and Application Information: Selection • Commit to meet regularly (approximately 5 hours per month) for a period of two years from June 2023 to June 2025 with the option to extend participation for two-year period (April 2023-May 2023) • Request the following from the Application: ✓ Provide up to three recommendations that would help establish an inclusive community engagement process for the EJ Action committee ✓ Provide up to three EJ priorities in the General Plan EJ Policy and Implementation Actions that the EJ Action Committee should work on for 2023 • Online application form and printed applications available at locations to be determined (e.g., libraries, senior centers, etc.) Review and Selection: • City staff (or group rank voting) will make the initial selection taking into consideration discussions and recommendations provided by the initial applicants • Receive and File from Planning Director to the City Council on the General Plan EJ Action Committee Formation process Application Outreach: • Create web portal for their meetings, agendas, informational materials (PowerPoint presentations, etc.) modeled after GP webpages • Santa Ana EJ community leaders • Network of Community -based organizations, faith -based, and advocacy organizations • City communications • School district parent groups • Chamber of Commerce, Minority Merchant Organizations • City Special Events - Canopy w/ flyers, application information, and general EJ outreach Ongoing Functions Budget: • Account for refreshments and snacks for each Action Committee meeting and refreshments and (June 2023-forward) appetizers for each subsequent quarterly meeting • Binder and copies of General Plan EJ Policies and Implementation Actions Parking validation if meeting at City Hall Ongoing: • City staff to convene and consult with applicants to obtain their consensus if possible on their recommendations regarding the formation and selection of sub -committee members City Council 8 — 129 3/21/2023 Page 2 3olsa Environmental Justice cluster areas m v, W Chapman Ave Orange 55 Garden Grove Colonia IIPu � rA West 4� `n Ln Ln l l Santa Ana F Edinger Ave Gardens Southeast Southwest Ave a South ountain Ai Valley W Sege'strom Ave 2km 0 \�- I 1 mi = v 6 Baker St 0 03 73 55 1 Z- 40/n Sr 9- T City Council 8 — 130 3/21/2023 March 10, 2023 ©2023 Esri Page 1 of 1 Bolsa =ountain Valley Garden Grove Trask Ave Colonia CalEPA designated environmental justice communities (SB 535) W Chapman Ave Orange 55 22 (U n h St i� z Central Cluster Santa Ana Northeast Cluster 41 y v 4/,Fa o LL 0 Santa Ana Gardens Southeast Cluster :)uthwest turner Ave Uste� 41 LI South Santa `m Ana "-Strom Ave LI W 40 2km v 6 Baker St mi 0 55 Q � Adams Ave v E 17th 4 Mai ? St �R-a City Council ©2023 Esri 8 — 131 3/21 /2023 March 10, 2023 Page 1 of 1 Public Works Agency www.santa-ana.org/public-works Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Development Impact Fee Report AGENDA TITLE Annual Development Impact Fee Report for Fiscal Year 2021-2022 RECOMMENDED ACTION Receive and file the Annual Development Impact Fee Report for Fiscal Year 2021-2022. DISCUSSION Following the passage of Proposition 13 in 1978, many cities began charging fees on new development to fund public improvements and services such as streets, public utilities, and parks. These fees are commonly known as Development Impact Fees. To ensure these fees were spent in a timely manner and on projects for which they were being collected, the State Legislature passed Assembly Bill 1600, known as the Mitigation Fee Act. In accordance with Government Code Sections 66001 and 66006, the City is required to publish an annual report (Exhibit 1) for each fund established to account for development impact fees. The report must include: a brief description of the type of fee fee amount; beginning and ending balance of the account or fund; amount of fees collected and interest earned; identification of each public improvement on which fees were expended and the amount expended; an estimated date construction will commence; and descriptions of each interfund transfer or loan. California Government Code Section 66006 requires an annual accounting of development impact fees to be made available to the public within 180 days of the end of the City's fiscal year. Additionally, this information must be presented to the City Council at least 15 days after it is made available to the public. The report was posted on the City's website on December 29, 2022 and a hardcopy was made available at the City's library. The City collects the following development impact fees: Transportation System Improvement Area, Transit Zoning Code Traffic Impact Mitigation Fair Share, Harbor Specific Plan Mitigation Fair Share, Drainage Assessment Fee, Sewer Connection Fee, and Park Acquisition and Development Fees. These fees are collected prior to the issuance of building permits for new residential and commercial construction. The City Council 9-1 3/21/2023 Development Impact Fee Report March 21, 2023 Page 2 impact fees are established by City Council resolution and are deposited into the designated impact fee fund. FISCAL IMPACT The development fee expenditures for Fiscal Year 2021-2022 totaled $25,196,226 and were used for the following: street improvements at Warner Avenue and the intersections of Bristol Street and Memory Lane; public utility improvements at Segerstrom and San Lorenzo, Flower Street, Wright Street, Baker -Glenwood, NE Annexation, South Main Street, and Alton Avenue; and parks improvements at El Salvador Park, Riverview Ballfield, Santiago Park, Morrison Park, Cabrillo Park, Santa Ana Zoo, Standard and McFadden New Park, Pacific Electric Bike Trail, Sandpointe Park, Flower Street Bike Trail, Delhi Park, and Thornton Park. EXHIBIT(S) 1. City of Santa Ana Assembly Bill 1600 Development Fee Report Fiscal Year 2021-2022 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 9-2 3/21/2023 Exhibit 1 City of Santa Ana Assembly Bill 1600 Development Fee Report Fiscal Year 2021-2022 Government Code Section 66006 requires local agencies that collect development impact fees to prepare an annual notice detailing the status of those fees within 180 days after the last day of the fiscal year. This report is being published on the City's website, in accordance with California Assembly Bill No. 1483. The following is the annual report for the City's development impact fees. Provide a brief description of the type of fee in the account or fund. DEVELOPMENT IMPACT FEES — FY 2021/2022 PUBLIC WORKS AGENCY New Transportation System Improvement Area Fee - Area B FUND Fund 033 New Transportation System Improvement Area Fee - Area E Fund 034 New Transportation System Improvement Area Fee - Area F, Transit Zoning Code, Harbor Specific Plan Fund 035 Transportation System Improvement Area Fee - Area A Fund 041 Transportation System Improvement Area Fee - Area B Fund 042 Transportation System Improvement Area Fee - Area C-2 Fund 048 Transportation System Improvement Area Fee - Area G Fund 049 Sewer Connection Fee Fund 055 Water Connection Fee Fund 060 Drainage Assessment Fee - Area 1 Fund 221 Drainage Assessment Fee - Area 2 Fund 222 Drainage Assessment Fee - Area 3 Fund 223 Drainage Assessment Fee - Area 4 Fund 224 Drainage Assessment Fee - Area 5 Fund 225 Drainage Assessment Fee - Area 6 Fund 226 Transportation System Improvement JPA Area A Fund 991 •R"TeT Mk Residential Development District 1 Fund 311 Residential Development District 2 Fund 312 Residential Development District 3 Fund 313 Residential Development District 4 Fund 314 Each fee is applicable to a project under its own set of rules. The fees are calculated based on the information that is shown on the plans, ex: square footage, sewer fixtures, amenities. This is also applicable to any possible credits that may apply. List the amount of the fee. PUBLIC WORKS AGENCY See Exhibit A PARKS, RECREATION & COMMUNITY SERVICES AGENCY See Exhibit B City Council 9-3 3/21/2023 List the beginning and ending balance of the account or fund. DEVELOPMENT IMPACT FEES — FY 2021/2022 BEGINNING BALANCE As of 07101121 ENDING BALANCE As of 06130122 New Transportation System Improvement Area Fee - Area B (Fund 033) $542,128.56 $575,521.51 New Transportation System Improvement Area Fee - Area E (Fund 034) $1,538,387.78 $1,496,062.45 New Transportation System Improvement Area Fee - Area F (Fund 035) $1,433,663.62 $1,878,238.51 Transportation System Improvement Area Fee - Area A (Fund 041) $329,597.91 $700,551.81 Transportation System Improvement Area Fee - Area B (Fund 042) $9,520.14 $9,592.17 Transportation System Improvement Area Fee - Area C-2 (Fund 048) $212,638.85 $214,247.74 Transportation System Improvement Area Fee - Area G (Fund 049) $98,008.75 $98,750.31 Sewer Connection Fee (Fund 055) $10,945,598.42 $7,644,012.85 Water Connection Fee (Fund 060) $0.00 $0.00 Drainage Assessment Fee - Area 1 (Fund 221) $965,245.51 $1,020,497.88 Drainage Assessment Fee - Area 2 (Fund 222) $225,883.07 $273,895.45 Drainage Assessment Fee - Area 3 (Fund 223) $418,551.16 $421,886.72 Drainage Assessment Fee - Area 4 (Fund 224) $454,191.60 $419,915.30 Drainage Assessment Fee - Area 5 (Fund 225) $254,557.52 $282,170.25 Drainage Assessment Fee - Area 6 (Fund 226) $216,752.54 $381,053.23 Transportation System Improvement JPA Area A (Fund 991) PARKS, RECREATIONCOMMUNITY Residential Development District 1 (Fund 311) $2,167,562.50 $3,214,014.52 $2,611,036.54 $3,288,547.02 Residential Development District 2 (Fund 312) $3,526,458.91 $5,412,407.50 Residential Development District 3 (Fund 313) $11,230,687.04 $13,236,091.24 Residential Development District 4 (Fund 314) $524,330.55 $652,880.73 List the amount of fees collected and the interest earned. DEVELOPMENT IMPACT FEES — FY 2021/2022 FEES COLLECTED INTEREST EARNED New Transportation System Improvement Area Fee - Area B (Fund 033) $29,137.38 $4,255.57 New Transportation System Improvement Area Fee - Area E (Fund 034) $34,403.16 $11,420.10 New Transportation System Improvement Area Fee - Area F (Fund 035) $582,197.97 $13,231.30 Transportation System Improvement Area Fee - Area A (Fund 041) $366,372.60 $4,581.30 Transportation System Improvement Area Fee - Area B (Fund 042) $0 $72.03 Transportation System Improvement Area Fee - Area C-2 (Fund 048) $0 $1,608.89 Transportation System Improvement Area Fee - Area G (Fund 049) $0 $741.56 Sewer Connection Fee (Fund 055) -$815,742.73 $71,692.26 Water Connection Fee (Fund 060) $83,061.06 $517.68 Drainage Assessment Fee - Area 1 (Fund 221) $47,710.02 $7,542.35 Drainage Assessment Fee - Area 2 (Fund 222) $46,147.96 $1,862.42 City Council 9-4 3/21/2023 DEVELOPMENT IMPACT FEES — FY 2021/2022 FEES COLLECTED INTEREST EARNED Drainage Assessment Fee - Area 3 (Fund 223) $787.46 $3,165.45 Drainage Assessment Fee - Area 4 (Fund 224) $129,782.53 $3,287.66 Drainage Assessment Fee - Area 5 (Fund 225) $25,599.20 $2,013.53 Drainage Assessment Fee - Area 6 (Fund 226) $162,430.68 $1,870.01 Transportation System Improvement JPA Area A (Fund 991) $424,267.45 $19,206.59 •A•KS, RECREATION & COMMM , Residential Development District 1 (Fund 311) $598,296.00 $22,748.30 Residential Development District 2 (Fund 312) $2,897,010.00 $41,242.06 Residential Development District 3 (Fund 313) $2,139,524.73 $95,217.09 Residential Development District 4 (Fund 314) $120,212.67 $4,585.64 Provide an identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. PUBLIC IMPROVEMENT EXPENDITURES — FY 2021/2022 TOTAL EXPENDITURE PERCENT FUNDED BY • Transportation System Improvement Area Fee — Area E (Fund 034) 14-6802 Warner Avenue Widening: Main to Oak Phase 1 $3,698,344.75 0.21% 20-6618 Warner Storm Drain Improvements: Phase 1 $1,532,846.10 7.16% Transportation System Improvement Area Fee — Area E (Fund 035) 14-6802 Warner Avenue Widening: Main to Oak Phase 1 $3,698,344.75 2.02% 17-6883 Bristol Street & Memory Lane - Intersection Widening $439,881.28 17.28% Sewer Connection Fee (Fund 055) 06-3510 Segerstrom/San Lorenzo Sewer Lift Station $1,386,642.43 100.00% 18-6616 Flower Street Sewer Main Improvements $564,948.44 99.13% 19-6430 Wright Street Sewer Main Improvements $1,408.90 100.00% 21-6446 Baker -Glenwood Sewer $640,860.52 94.90% 21-6619 NE Annexation Sewer Improvements $1,224.89 100.00% Water Connection Fee (Fund 060) 21-6461 South Main Street Water Main Improvements $4,137,264.09 2.02% Drainage Assessment Fee - Area 3 (Fund 223) 19-6617 D-03 Channel Improvements at Alton Avenue $617.35 100.00% Drainage Assessment Fee — Area 4 (Fund 224) 14-6802 Warner Avenue Widening: Main to Oak Phase 1 $3,698,344.75 3.24% 20-6618 Warner Storm Drain Improvements: Phase 1 $1,532,846.10 3.09% isition & Development — District 1 (Fund 311) 7207-2717 14 El Salvador Park Basketball Court & Lighting $449,035.08 55.47% Riverview Ballfield Sport Lighting $517,409.61 57.48% Parks Acquisition & Development — District 2 (Fund 312) 15-2645 Santiago Park Gas House Area Improvements $1,181,344.44 57.56% 18-2688 Morrison Park Security Lighting 23 719.35 100.00% City Council 9-5 3/21/2023 PUBLIC IMPROVEMENT EXPENDITURES — FY 2021/2022 TOTAL EXPENDITURE PERCENT FUNDED BY FEE 21-2727 Cabrillo Park Irrigation Renovation $86,966.67 100.00% 22-2752 Stadium Synthetic Turf $99,895.30 100.00% 22-2753 Stadium Scoreboard $161,700.68 100.00% Parks Acquisition & Development — District 3 (Fund 313) 16-2658 Santa Ana Zoo Giant River Otter Habitat $1,039,965.36 100.00% 20-2729 Standard & McFadden New Park $164,810.10 16.15% 21-2726 Pacific Electric Bike Trail Lighting Phase II $1,569.80 100.00% 21-2728 Sandpointe Park Security Lighting $5,183.55 100.00% 21-2740 Flower Street Bike Trail Renovation $64,883.90 100.00% 22-2759 Delhi Park Mini -Pitch Soccer Field $69,920.00 100.00% Parks Acquisition & Development — District 4 (Fund 314) 16-2654 Thornton Park Restroom -$3,751.87 100.00% Provide an identification of an approximate date by which the construction of the public improvements will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in the City's master plans, and the public improvement remains incomplete. Projects are ongoing in accordance with the City's approved Capital Improvement Program. Provide a description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. DEVELOPMENT IMPACT FEES — FY 2021/2022 INTERFUND TRANSFER OR LOAN AMOUNT • New Transportation System Improvement Area Fee - Area B (Fund 033) New NONE New Transportation System Improvement Area Fee - Area E (Fund 034) NONE New System Improvement Area Fee - Area F (Fund 035) NONE Transportation System Improvement Area Fee - Area A (Fund 041) NONE Transportation System Improvement Area Fee - Area B (Fund 042) NONE Transportation System Improvement Area Fee - Area C-2 (Fund 048) NONE Transportation System Improvement Area Fee - Area G (Fund 049) NONE Sewer Connection Fee (Fund 055) NONE Water Connection Fee (Fund 060) Interfund transfer to Fund 066 for Water Capital Projects Expenditure $83,578.74 Drainage Assessment Fee - Area 1 (Fund 221) NONE Drainage Assessment Fee - Area 2 (Fund 222) NONE Drai City Council y - 10 3/L"I /LUL3 DEVELOPMENT IMPACT FEES — FY 2021/2022 INTERFUND TRANSFER OR LOAN AMOUNT Drainage Assessment Fee - Area 4 (Fund 224) NONE Drainage Assessment Fee - Area 5 (Fund 225) NONE Drainage Assessment Fee - Area 6 (Fund 226) NONE Transportation System Improvement JPA Area A (Fund 991) NONE PARKS, RECREATIONCOMMUNITY Residential Development District 1 (Fund 311) NONE Residential Development District 2 (Fund 312) NONE Residential Development District 3 (Fund 313) NONE Residential Development District 4 (Fund 314) NONE City Council 9-7 3/21/2023 EXHIBIT A SUMMARY OF FEES AND CHARGES COMMON FOR NEW PROJECTS COLLECTED BY THE PUBLIC WORKS AGENCY EFFECTIVE JULY 1, 2021— JUNE 30, 2022 1, Transportation System Improvarnent Area MIA) Fee; Area A - $5 15 sq. fl Area E - $2.01 1 sq FL ("iee oNy for projects wAh S or mare dwelllrg unrts on the entre xajea.) Area 9 - $1.81 i sq. R Ama F- $1.91 sq- fL Single Family - S1 .B6 a isq- rL Area C - 3 .53 f sq. fl. Muffi-Famlly - 31.10 5q- ik Area a - 33.3„ sq. I 2. Transit Zor11ng Code Traffic impact Mitigation Fair Share (Fee Is in 11ou of TSIA Fe -es): NON•RESIDEEMAL Raleil • $ 9-11 1 sq. 4. rndusPlial $ 2.371sq. it Cornmereial $ 3.64 ± rq. iL Clvk S 2.91 !r�q. it, Single Fan* $2,461.60i urrt Multifamily 21 270.15A i units Nigh Rise Tflwer $ 956.36 i unit 3. Harbor Spoeific Plan Mitigation Fair Share (Fee is in addition to T$iA Faes): NON-REMENTIAL S0 Eye NTKL R&Ull?R6Mulafl1 $ 5,2T9.a0 per 1,000 aq.1L Ingle Famlly 5 950-40 ± UrA AN 01her USaS $ 1,090.14 per 1,400 sq. iL Mw-Famlly $ 950_0D 1 ur1E 4. Transportation Corridor Fee: roo"tlWRI" San .ionu rl Htlla Sngle Family $4.405.001 unit 54.609.00 i unit MuWl`nmrly $2,568.00 ; unit -$2,735.30 i unit N inrwRrr_wrMntral S 4.09; aq. fl. S 5.991 sq. I 5. Drainage r4ssessment Fee (per acre), Area 1 • VMS.46 A+ 3 d - ".749,2 t Arcs 2 - W. 75047 Amd 5 - 56.827,31 Area 3 - $5,244,73 Aim 6 .;B,961 49 fir, Sawer Connection Fee: $413-00 per plumhing 15xbure unit 7, Orange Cou my Sanitation District Fee: See CCso Fee schedule atisched. E. St -eat Work Permit Fee (Improvemeat & Utilities): $d76.74 is the nusinvar:; depnsri rn:ay ateo he mqureC. (RErsidorliai r*pnir r Wimum FPO of SW.51 ) FederaF Clean 'Naier pmtaGyion Enterpnse F=-e — a 6timharge of 26% is added W putrliq imprqugmenl plan Ciocks, ggLwr Ia1rirFi1*gts}r sarvlee, ann atraeW -.Mork p5r^w terra. S. Abandonment Prowissing, Srmmry#2,09.3,19; Hon•Sumlrory 3r),243.59, per application. Fur inforn►A to,whi h pf-Mle at*wa Wr, apply b a apacik Vojwl, Ruse Caviar Ih9 Public Warn Agency at (71 d) 647-50n. Talg Higgins PrinppoCivil Er+pirew City Council 9-8 3/21/2023 EXHIBIT A Excerpt from FY 2021/22 Miscellaneous Fees Schedule, p. 104 06017002-53720 Install New Water Service Meter 5/8" 125.03 3/4" 153.43 1" 223.00 11a" 427.51 2" 558.10 3" 3,115.64 4" 5,128.59 6" 8,579.35 06017002-53720 Install New Residential Fire Service Meter 3/4" 311.46 1" 373.13 City Council 9-9 3/21/2023 EXHIBIT B Excerpt from FY 2021/22 Miscellaneous Fees Schedule, p. 39 REVENUE ACCOUNT DEPARTIVIENTJIVIISCELLANEOUS FEE OR SERVICE UNIT FY 21-22 FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 3xx13002-53300 Park Acquisition and Development Fees 5 bedrooms Each 7,902.00 4 bedrooms Each 7,103.00 3 bedrooms Each 6,415.00 2 bedrooms Each 4,781.00 1 or less Each 3,588.00 City Council 9 — 10 3/21/2023 Finance and Management Services www.santa-ana.org/finance Item # 10 r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Award Aggregate Blanket Order Contracts for Promotional Items AGENDA TITLE Award Aggregate Blanket Order Contracts to Promotethis!, Graphic Printsource, Inc., Superior Promos, and QCORP Printing Solutions for Promotional Items in a Not -to - Exceed Aggregate Amount of $975,000 (Specification No. 23-024) (General Fund and Non -General Fund) RECOMMENDED ACTION Award aggregate blanket order contracts to vendors listed below for the purchase of promotional items on an as -needed basis in an annual amount not to exceed $195,000, with a total aggregate contract amount not to exceed $975,000, for an initial one-year term expiring on March 31, 2024, with provisions for four, one-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. Graphic Printsource, Inc. Promotethis! QCORP Printing Solutions Superior Promos Corona, CA Huntington Beach, CA Loomis, CA Brooklyn, NY DISCUSSION The City utilizes an assortment of promotional items for educational purposes and disperse information about the City of Santa Ana throughout the community, at various community and professional events. Promotional items are frequently distributed during community events sponsored by various City departments and agencies citywide, including Water Resources Division; Public Works Agency, Economic Development Division; Parks Recreation and Community Services Department; Human Resources Department; City Manager's Office; and the Santa Ana Police Department. In addition, the Human Resources Department utilizes these products as incentives and prizes for participants who partake in the Commuter Services Program, as well as at any City of Santa Ana Employee event. The Invitation for Bids (IFB) No. 23-024 was advertised on February 2, 2023, on the City Council 10 — 1 3/21/2023 Award Aggregate Blanket Order Contracts for Promotional Items March 21, 2023 Page 2 City's online bid and management publication system. A summary of the Invitation for Bid and bids received is as follows: 94 Vendors notified 6 Santa Ana vendors notified 26 Vendors downloaded the bid packet 13 Bids received 0 Bids received from Santa Ana Vendors Bids were solicited, opened on February 16, 2023, and evaluated (Exhibit 1). The bids submitted by Promotethis! located in Huntington Beach, California, Graphic Printsource, Inc., located in Corona, CA, Superior Promos located in Brooklyn, NY, and QCORP Printing Solutions located in Loomis, CA were determined responsive to the specifications and meet the City's requirements. FISCAL IMPACT Funds for the duration of the contract period, an aggregate amount not to exceed $195,000 annually, will be included in various departmental Miscellaneous Operating Expense account (no. 63001). EXHIBIT 1. Abstract of Bids (23-024) Submitted By: Kathryn Downs, Finance and Management Services Executive Director Approved By: Kristine Ridge, City Manager City Council 10 — 2 3/21/2023 EXHIBIT 1 ABSTRACT OF BIDS 23-024: Promotional Items BIDDER LOCATION Promotethis! Huntington Beach, CA Graphic Printsource, Inc. Corona, CA Superior Promos Brooklyn, NY QCORP Printing Solutions Loomis, CA RED Swag Inc. Geri's Screen Printing, LLC Snap Marketing Image Concepts, Inc. Office Depot NON -RESPONSIVE BIDDERS Frye Marketing Nitsom Promotional Manufacturing Corp Cianco Designs Los Alamitos, CA San Bernardino, CA Rancho Dominguez, CA Claremont, CA Signal Hill, CA TOTAL (BID BASE TOTAL) $3,981 $6,079 $6,744 $7,082 $8,946 $8,895 $9,385 $9,973 $11,088 City Council 10 — 3 3/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Purchase of a Custom Saw Trailer for the Public Works Water Resources Division AGENDA TITLE Award a Purchase Order to Sonsray Machinery, LLC in the amount of $51,681 for One Felling Custom Saw Trailer for the Public Works Water Resources Division (Specification No. 23-031) (Non -General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of Purchase Order to Sonsray Machinery, LLC. for one Felling Custom Saw Trailer, in the amount of $46,681, plus a contingency amount of $5,000, for a total amount not to exceed $51,681, 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, trucks, and maintenance equipment. The Public Works Agency Water Resources Division oversees and maintains the daily operations of the City's water and sanitary sewer systems. The Water Resources Division is requesting to purchase a custom saw trailer to be utilized by the Water System Maintenance section. The product being requested is a custom-built, tow - behind trailer that is designed to house and transport a walk -behind pavement saw. The Water System Maintenance crew will use the saw for precise removal of concrete and asphalt during the repair and maintenance of the City's water system infrastructure. The trailer will also house a water tank and hose system, portable generator, task lighting, and storage for accessories, all of which will eliminate or reduce the need for additional equipment being transported to work sites. 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 Felling Trailers, Inc. (Contract No. 121918- FTS) for procurement of Heavy Equipment Trailers as a result of open, competitive bidding on behalf of its members, which includes government agencies. Sonsray Machinery, LLC is an authorized dealer of Vermeer Corporation and is extending the contract to the City. City Council 11 — 1 3/21/2023 Purchase of Custom Saw Trailer March 21, 2023 Page 2 Utilizing the cooperative contract awarded to Felling Trailers, Inc. by way of Sonsray Machinery LLC for the purchase of the custom saw trailer, authorizes the City to make purchases through February 11, 2024, and is in accordance with the City's existing Purchasing Guidelines. FISCAL IMPACT Funds are budgeted and available in the following account for FY 2022-23: Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description Water System 2022-23 06017641-66400 Water Maintenance — $51,681 Machinery & Equipment Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 11 — 2 3/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Purchase and Installation of Synthetic Turf at the Dan Young Sports Complex AGENDA TITLE Award a Purchase Order to FieldTurf USA to provide and install Synthetic Turf at Field Nos. 1 and 3 at the Dan Young Sports Complex at Centennial Park in the amount of $2,970,859 (Specification No. 23-035) (Project 22-2766) (Non -General Fund)) RECOMMENDED ACTION 1. Authorize a one-time purchase and payment to FieldTurf USA to provide and install synthetic turf field at the Dan Young Sports Complex in the amount of $2,675,859, plus a contingency of $295,000 for a total amount not to exceed $2,970,859, 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 to include $1,502,229 in funding for the Dan Young Synthetic Turf Fields Project (Project No. 22-2752). DISCUSSION Dan Young Sports Complex (DYSC) hosts a multitude of sporting events for the City and provides sports fields for athletes of all ages. Located in Centennial Park and composed of four large playing fields, DYSC continues to serve as a focal point for the sporting community (Exhibit 1). In 2004 and 2005, Field Nos. 2 and 4 were replaced with synthetic turf while the two other fields remained natural grass. The Dan Young Synthetic Turf project will replace the remaining, existing natural grass on Field No. 1 and 3 with the latest technology turf system which will enhance the field to optimum use. Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint Powers Alliance) is a public agency that serves as a national municipal contracting agency to provide competitive procurement services to participating agencies. Sourcewell awarded a contract to FieldTurf USA (Sourcewell contract # 060518-FTU) as a result of an open competitive Request for Proposals solicitation on behalf of its members, which includes government agencies (Exhibit 2). The awarded contract is valid through August 7, 2023 and is in accordance with the City's existing Purchasing Guidelines. City Council 12 — 1 3/21/2023 Synthetic Turf for Dan Young Sports Complex March 21, 2023 Page 2 Staff recommends the use of FieldTurf USA and has included the proposal detailing this specific project scope (Exhibit 3). As part of the purchase, maintenance equipment is included and will be used to maintain the synthetic turf fields at Dan Young Sports Complex. Additionally, the purchase includes a 10-year warranty for both fields. FISCAL IMPACT The proposed cost of the project is $2,610,823.50 which includes removal of existing fields, purchase and installation of new synthetic turf, and painting of all sports lines. The total delivery cost including contingency and construction engineering is estimated to be $3,320,859, which will be reflected in the amended FY 2022-23 CIP Sheet (Exhibit 4). Cannabis Public Benefit Funds ($1,002,229) were reallocated from Splash Pad Projects in order to cover the funding gap. Project Item Total FieldTurf USA Purchase Order $2,675,859 Contingency $295,000 Construction Engineering $350,000 Total Project Delivery Cost $3,320,859 Funding is available in the FY 2022-23 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Accounting Accounting Unit - Fiscal Unit - Account Fund Account No. Amount Year No. Description Description Project No. PRCSA Youth 2022- 01213020-66220 Cannabis Public Services - $3,020,859 2023 (22-2766) Benefit Fund Improvements Other Than Building 2022- 05113263-66220 Capital Outlay Park Improvements - Improvements Other $300,000 2023 (22-2766) Fund Than Building TOTAL $3,320,859 EXHIBIT(S) 1. Location Map 2. FieldTurf USA Contract with Sourcewell 3. FieldTurf USA Proposal 4. Amended CIP Sheet FY 2022-23 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 12 — 2 3/21/2023 Je F Exhibit 2 Form C, EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS, �%�^. f M � L \ AND SOLUTIONS REQUEST ;�{�pn,A) \,ifi Company Name: FIELDTURF USA, INC. Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Section/page Term, Condition, or Specification Exception NJPA ACCEPTS N/A N/A N/A N/A Proposer's Signature: , �— Date: 5 �/ NJPA's clarification on exceptions listed above: Not applicable. No exceptions. Sourcewell, formerly known as NJPA, received this document blank. E HCP Initials July 31, 2018 Date City Council 12 — 4 3/21/2023 Exhibit 2 Contract Award RFP 1#06051$ FORM D Formal Offering of Proposal `'JPA (To be completed only by the Proposer) ATHLETIC SURFACING WITH RELATED MATERIALS, SUPPLIES, INSTALLATION, AND SERVICES In compliance with the Request for Proposal (RFP) for [ATHLETIC SURFACING WITH RELATED MATERIALS, SUPPLIES, INSTALLATION, AND SERVICES, j he undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: FIELDTURF USA, INC. Date: cj/ ? , ZS Company Address: 7445 COTE-DE-LIESSE, SUITE 200 City: MONTREAL State: QUEBEC Zip: H4T 1G2 CAGE Code/DUNS: 131862364 Contact Person: ERIC FISHER Title: DIRECTOR OF SALES Authorized Signature: _ �—� ERIC DALIERE (Name printed or typed) City Council 12 — 5 3/21/2023 DocuSign Envelope ID: B4CB32AC-DB7F-4E62-ASEF-A66A90BF971A Exhibit 2 FORM E CONTRACT ACCEPTANCE AND AWARD F w� o y x Sourcewell t®; r-,-1y I: A^,. (Top portion of this form will be completed by Sourcewell if the vendor is awarded a contract. The vendor should complete the vendor authorized signatures as part of the RFP response.) Sourcewell Contract #: 060518-FTU Proposer's full legal name: FieldTurf USA Inc. Based on Sourcewell's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth in this RFP, in any amendments to this RFP, and in any exceptions that are accepted by Sourcewell. The effective date of the Contract will be August 7, 2018 and will expire on August 7, 2022 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the Sourcewell Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at Sourcewell's discretion. weweH Authorized Signatures: 7A'144D870 :684E3 SOU RCEWELL DIRECTOR OF OPERATIONS AND /(��L.� F O SIGNATURE l.+tiaa7� SOURCEWELL EXECUTIVE DIRECTOR/CEO SIGNATURE Awarded on August 3, 2018 Vendor Authorized Signatures: Jeremy Schwartz (NAME PRINTED OR TYPED) Chad Coauette (NAME PRINTED OR TYPED) Sourcewell Contract # 060518-FTU The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments. Vendor Name � � y Authorize ig QrysTitle v �c� Vr� �j{��'.��7 j 1i(lG?C! VENDO THORIZED SIGNATURE (NAME PRINTED OR TYPED) Executed on 1hf q , 20_L� Sourcewell Contract # 060518-FTU 41 City Council 12 — 6 3/21/2023 Exhibit 2 Form F�*:;`�� PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the tenns, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] City Council 12 — 7 3/21/2023 Exhibit 2 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company name: FIELDTURF USA INC. Address: 7445 COTE-DE-LIESSE ROAD, SUITE 200 City/State/Zip: MONTREAL, QUEBEC, CANADA, H4T 1G2 Telephone Number: 1-888-209-0065 E-mail Address: ERIC.DALIEREna.TARKETTSPORTS.COM s� Authorized Signature: Authorized Name (printed): ERIC DALIERE Title: PRESIDENT Date: 5 / 2 % ZO i 2i Notarized VAS,sj- 9� Canine Nagl i S # 210653 c��\ a. Subscribed and sworn to before me this ��� day of 520 1 Notary Public in and for theuff4 of (Ze"L_ --Sw"f—lc- G3£C My commission expires: Signature: 701 City Council 12 — 8 3/21/2023 Exhibit 2 Form P (`�'JPA his PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry - Specific Questions Proposer Name: FIELDTURF USA, INC Questionnaire completed by: ERIC FISHER Payment Terms and Financing Options 1) What are your payment terms (e.g., net 10, net 30)? Response FieldTurf's payment terms: net 30 ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Owner by the Contractor and Certificates for Payment issued by the Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: « N/A » § 5.1.3 All Payments shall be in accordance with the provisions of Illinois Local Government Prompt Payment Act. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of «Five » percent ( «5 » %). Pending final determination of cost to the Owner of changes City Council 12 — 9 3/21/2023 Exhibit 2 in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201 Tm-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of << Five » percent ( «5 )) %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Owner shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of ALA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) N/A § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Contractor. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Contractor's final Certificate for Payment, or as follows: 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? Response PNC Bank partners exclusively with FieldTurf USA. Offering industry leading financial rates, accommodating any market and any project size. Please see: Exhibit AA: 2.1 FieldTurf PNC Financial Flyer City Council 12 — 10 3/21/2023 Exhibit 2 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the NJPA Members' purchase orders. Response • Client/ owner/ owner's representative makes contact with FieldTurf or Beynon Sports. • FieldTurf or Beynon Sports Representative (or authorized representative) sets up a site visit. • A FieldTurf/ Beynon Sports/ NJPA proposal is produced for review by the client/owner/owner's representative. • Proposal is reviewed and if changes or additions are needed, they are completed. • Once approved the client/ owner/ owner's representative sends FieldTurf a P.O. • A sales agreement, AIA contract or similar form of agreement is entered into (owner's choice if they want a contract at all or if they only want to issue a PO.) • Construction begins with progress payments throughout. • Construction is substantially complete and 100% of the contract price (including any retention) is acquired. • NJPA is remitted their fee for the project. • Project is closed. Outlined previously, Ross and Lesley bring more than five years of experience in billing and contracting, specific to the terms and conditions of each cooperative's means, methods and needs. They are proficient in dealing with the specific requirements of NJPA and adhere exactly to the reporting needs. They also have access to SysPro, MAS 90 and other advanced accounting systems with the ability to produce complex sales, accounting and operational reports, spreadsheets and other pertinent data. Any necessary specifics outlined in the terms and conditions of the Master Agreement regarding reporting would be satisfied above and beyond what is required. In addition, Ross and Lesley are backed by the efforts of Jennifer Hopper (Controller) and CFO Pedro Azevedo. FieldTurf USA, Inc.'s supplemental accounting team is well -versed in the day-to-day, monthly, quarterly and annual reporting requirements within the FieldTurf SmartBuy Cooperative Purchasing Division. FieldTurf has a strong record of over 4 years of submitting NJPA quarterly reports and remitting the admin fee to NJPA in a timely manner. As part of the Tarkett Group, FieldTurf USA, Inc. has the ability to produce a variety of reports including but not limited to: • Private client lists • Federal client lists • National Sales (annual) • Sales by Agency (co-op, city, state, school district, etc.) • Quarterly sales reports by region, state, product type, etc. • Annual Sales reports by region, state, product type, etc. • Outstanding billings City Council 12 —11 3/21/2023 Exhibit 2 • Subcontractor reports and billings • Activity reports • Pipeline reports (upcoming project info) In summary, FieldTurf has the capability to produce necessary reports, as needed. 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? Response No, not applicable. Most owners use a PO and progress payment process to purchase turf and track systems. Warranty — only supply sample — see attached 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. • Do your warranties cover all products, parts, and labor? Response Yes, for more information please see the following exhibits. Exhibit AB: 5.1 FieldTurf Sample Court Warranty 1 Year Exhibit AC: 5.2 FieldTurf Sample Full Depth Track Warranty 5 Year Exhibit AD: 5.3 FieldTurf Sample Maintenance Track Warranty 1 Year Exhibit AE: 5.4 FieldTurf Warranty Template Baseball 8 year Exhibit AF: 5.5 FieldTurf Warranty Template Baseball 5 year Exhibit AG: 5.6 FieldTurf Warranty Template 8 Year SAMPLE Exhibit AH 5.7 FieldTurf Warranty Template 5 Year SAMPLE Exhibit Al: 5.8 EasyField SAMPLE Warranty Exhibit AJ: FieldTurf CORE 10 Year Warranty STANDARD • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Response This varies. Please see the attached exhibits (AB: 5.1, AC: 5.2, AD: 5.3, AE: 5.4, and AF: 5.5, AG: 5.6, AH 5.7, Al: 5.8, AJ: 5.9) referenced above. • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? City Council 12 — 12 3/21/2023 Exhibit 2 Response Yes. • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? Response No, there are not any geographic regions of the US that FieldTurf cannot provide a certified technician to perform warranty work. Please see our Customer Service Representative Region map below to see that the entire US is covered. Customer Service Regions ihn-ry 20161 S& Lisa Kerwin M Janet Lamarche ■ TBD ■ Tara Beach M Tyler Fitzsimons Tracy Gonsalves 0 Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? Response City Council 12 — 13 3/21/2023 Exhibit 2 This varies, please see the attached exhibits Please see the attached exhibits (AB: 5.1, AC: 5.2, AD: 5.3, AE: 5.4, and AF: 5.5, AG: 5.6, AH 5.7, AI: 5.8, AJ: 5.9) referenced above. • What are your proposed exchange and return programs and policies? Response Not applicable, exchanges and returns are not available due to the nature of our business. Customer service will step in to evaluate the situation and determine a solution that is acceptable to the customer if there is a concern regarding their turf, track, court system. 6) Describe any service contract options for the items included in your proposal. Response • FieldTurf FieldCare 1: 1 Yr. Contract — 2 Visits per Year (Continental US only, excludes Alaska and Hawaii). FieldCare is a national maintenance program geared towards making FieldTurf synthetic turf field systems perform at their optimal level for even longer. FieldTurf's FieldCare Maintenance Program will support years of consistent, high performance to your field and let you maximize your investment. Consult with your FieldCare Service Manager to find the FieldCare program that's right for you. (Additional charges may apply for alternate infill fields) • FieldTurf PureCare: PureCare 1 year- (3 times a year) Field Assessment summary, infill depth measurements, select warranted seam and inlay repairs (not to exceed 8), perimeter debris cleaning, Cork infill replenishment (max 1 supersack of cork atI500lbs per year across the 3 visits) if necessary for infill topdressing material, field infill decompaction (only if needed), field magnet sweeping for metal debris, surface temperature reading, static brush in multiple directions to redistribute infill, application of Anti -static spray during and after maintenance service (5 bottles ber session). G-Max testing: one per year to be performed right after 2nd maintenance visit. • Beynon: Beynon service contract options can be customized to fit each individual customers needs. Beynon Sports is committed to providing customers the highest level of workmanship and customer service. Beynon stands behind our products and the experience of working with Beynon Sports. It is our goal that each client that utilizes a sports surface or athletic surfacing component designed and manufactured by Beynon Sports be 100% satisfied. Any deficiencies in providing the highest level of service will be addressed immediately. Beynon Sports employees are committed to diligently executing each of our duties thoroughly and conscientiously. Our highly skilled professionals design, engineer, manage City Council 12 — 14 3/21/2023 Exhibit 2 and service each project, and we carefully ensure that our products meet your unique specifications from beginning to end. Pricing, Delivery, Audits, and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. Response • Indoor/ Outdoor synthetic turf supply and installation. • Indoor/ Outdoor running track supply and installation. • Indoor/ Outdoor tennis court/ sport court/ synthetic flooring supply and installation. • Related site work preparation (on a per project basis) including but not limited to: asphalt, concrete, curbing,, football and track equipment, drainage, stone, grading, HDPE piping, demolition, removal/ disposal services, irrigation, subgrade prep., construction management, project management, layout, survey work, SWPP, milling, capping, turf/ track protection, geotextile fabric etc. • Professional Services (Engineering, project management, construction management etc.) See the price list for full list of products and detailed descriptions: Exhibit AG 8.1 8) Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) Response FieldTurf s pricing model is line -item discount. Please see NJPA Primary Pricing Spreadsheet for pricing model, additional pricing information and pricing notes. FieldTurf acknowledges the NJPA Vendor Change & Price Form, see signed blank example. Please see: Exhibit AK: 8.1 NJPA Primary Pricing Exhibit AL: 8.2 NJPA Primary Pricing Notes For additional product information please refer back to the following exhibits: Exhibit B: 3.2 FieldTurf Product Specs Exhibit C 3.3 Beynon Product Specs City Council 12 — 15 3/21/2023 Exhibit 2 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. Response 9% off MSRP/ Public bid marketplace. 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality, university, or school district. b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. X_ c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. d. other than what the Proposer typically offers (please describe). ➢ Published pricing is consistent across all cooperative offers but includes a 9% discount off of typical MSRP/ Bid marketplace pricing for additional savings to NJPA customers. 11) Describe any quantity or volume discounts or rebate programs that you offer. Response If a client purchases both a Beynon running track and a FieldTurf field, FieldTurf/ Beynon Sports will discount the total and in certain circumstances and based on project size, may offer additional discounts. If a client purchases multiple fields, running tracks or tennis courts at once (on the same P.O.) FieldTurf will offer volume discounts that are substantial but vary based on total size location etc. Overall the nature of our business is not commodity base. Fixed discounts are not offered. Rather, varied discounts are and we pass on savings based on economies of scale. These savings can be substantial depending on the scope and total cost of the project. 12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. Response All items that fall under the category of "open market" or "nonstandard options" will be priced according to RS Means. RS MEANS explanation: Construction Cost Estimating Tool RS MEANS: RS MEANS is self-contained and consists of a turn -key solution that includes a complete line -item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf City Council 12 — 16 3/21/2023 Exhibit 2 reserves the right to offer a discount or "adjustment down" to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. 1. RS MEANS is a division of Reed Business Information and is a construction cost estimating tool that has been in place for over 74 years. 2. RS MEANS provides current, regionally —customizable data that reflects cost information to the construction industry so contractors can provide accurate estimates and projections for their project costs. There are over 20 specialized cost data titles for various construction categories. 3. RS MEANS has become a data standard for government work in terms of pricing and is widely used by the construction industry as a whole. 4. RS MEANS pricing books are updated annually and have over 50,000 material and labor unit line items associated with various types of construction. The unit prices are adjusted for location using a "City Index." (otherwise known as a Coefficient) Site work or new construction may include but is not limited to: removal and disposal of existing sports surface, lighting, demolition, excavation, rock base aggregate, top rock, asphalt, concrete, sidewalks, turf shock absorption underlayment such as e-layer or padding, tie in to existing drainage, drainage systems, conduits, fencing, crack repair, asphalt repair, etc. which can be purchased through RS MEANS. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. Response Not applicable. Product pricing is all inclusive if minimum purchase amount is met. Additional costs may apply for projects that are less than minimum purchase quantities provided in Pricing Notes. Pricing and warranty applies to turf fields that are 40,000sf or more. For projects less than 40,000 sf, owner, NJPA and FieldTurf can discuss a possible adjustment to pricing that all agree upon if necessary (RS MEANS can also be used). EasyTurf sq. foot pricing applies for a minimum purchase of 4000 sf. For projects that do not meet the minimum requirement, owner, NJPA and FieldTurf can discuss a possible adjustment to pricing that all agree upon. Pricing is for track projects over 3500 sy and applies to only standard black or red colors. Custom color track surfacing is available at an increased price per square yard. 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. Response All product pricing is "all -in" and contains shipping (in continental US), delivery and associated installation costs. City Council 12 — 17 3/21/2023 Exhibit 2 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. Response Shipping and Freight to Canada, Hawaii, Alaska or other areas outside of the continental US is not included in standard Primary pricing and will be an additional cost based on site location. Additional shipping costs will be based on the cost to transport equipment and materials from the closest US port to the job site. Additional costs may also be added for crew transportation and accommodations to any site outside of the continental US. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. Response Not applicable, we utilize standard shipping and delivery methods. 17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. Response FieldTurf USA, Inc has a dedicated Cooperative Purchasing Team = SmartBuy. The team consists of. SmartBuy Sales Director Eric Fisher, Operations Director Sarah Morehead, Project Manager Ross Hinrichs and Project Administrator Lesley Miles. Eric Fisher is responsible for implementing sales strategies, attending lunch and learns and educating the FieldTurf and Beynon Sales Personnel. Sarah Morehead is responsible for the coop proposal compliance with NJPA bid oversees bid compilation and pricing aspects of the program. Sarah review's each NJPA proposal to ensure compliance with NJPA bid response. Ross and Lesley and responsible for generating, sending proposal, submittals and other information to owner's and have five (5) year's combined experience doing so. Sarah Morehead has more than twelve years of experience in cooperative purchasing. Eric Fisher has over eight experience in cooperative purchasing. Our division has generated more than 500 million dollars in total co-op contracts resulting in approximately 4 million dollars in revenue for cooperative purchasing agencies. Ross and Lesley bring more than five years of experience in billing and contracting, specific to the terms and conditions of each cooperative's means and methods. The FieldTurf Cooperative Purchasing "SmartBuy" Division Team has worked with many cooperative state agencies successfully to market, educate and guide municipal members in their purchase of Beynon running tracks, outdoor courts, and FieldTurf synthetic fields. This past experience and our successful current contracts with NJPA will only continue to add to the benefits that we as a group can bring to the table. We already have systems and processes in place to handle a high volume of Cooperative Purchasing projects. Additionally, our FieldTurf City Council 12 — 18 3/21/2023 Exhibit 2 and Beynon sales forces are already currently utilizing various cooperative purchasing programs aiding in maximizing their sales efforts. As part of the current Co -Op requirements, FieldTurf keeps and manages admin fee report spreadsheets and maintains an honest and transparent rapport with NJPA. All co-op fees are identified and FieldTurf will send quarterly, annually or in any format or fashion that NJPA requires. Please see: Exhibit AM: 17.1 NJPA Quarterly Report Sample 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Response We propose the same administrative fee we pay NJPA for our current contract; 1.25% admin fee. Fieldturf will remit back to NJPA the 1.25% once FieldTurf has been paid 100% by owner. The fee is calculated as a percentage of our sales and is not a line -item addition to the Member's cost of goods as per RFP 6.29 requirements. Industry -Specific Questions 19) Identify the categories in which you provide solutions: wood, turf, rubber, and/or synthetic. Response FieldTurf supplied synthetic sports surfacing such as FieldTurf turf products and Beynon running tracks. Scope of Services Turf Professional Services 1. Project design, development or consultant/construction management. 2. Professional engineering services. 3. Installer/admin (tradesman) (not related to turf, track, or court installation. Project Administrator costs for site work. Products — Synthetic Turf Systems 1. FieldTurf CORE 2.5" 2. FieldTurf CORE 2.25" 3. FieldTurf CORE 2.0" 4. FieldTurf Revolution 360 2.5" 5. FieldTurf Revolution 360 2.25" 6. FieldTurf Revolution 360 2.0" City Council 12 — 19 3/21/2023 Exhibit 2 7. FieldTurf Classic HD 2.5" 8. FieldTurf Classic HD 2.25" 9. FieldTurf Classic HD 2.0" 10. FieldTurf XM6-65 (2.5") 11. FieldTurf XM6-57 (2.25") 12. FieldTurf XM6-50 (2.0") 13. Fieldturf XT 65 (2.5") 14. FieldTurf XT 57 (2.25") 15. FieldTurf XT 50 (2.0") 16. FieldTurf Vertex Prime 2.5" 17. FieldTurf Vertex Prime 2.25" 18. FieldTurf Vertex Prime 2.0" 19. FieldTurf Vertex 2.5" 20. FieldTurf Vertex 2.25" 21. FieldTurf Vertex 2.0" 22. FieldTurf - Elite Double Play 23. FieldTurf - Prestige Double Play 24. FieldTurf Numbers/Arrows 25. Inlaid Soccer Markings 26. FieldTurf Hash Marks 27. FieldTurf Logo 28. FieldTurf - Endzone Letters 29. FieldTurf - Field Hockey Lines 30. FieldTurf - Lacrosse Lines 31. FieldTurf - Baseball Lines 32. FieldTurf - Flag Football Lines 33. FieldTurf - Softball Lines 34. FieldTurf - Football Restraining Lines 35. FieldTurf - Lacrosse Tick Marks 36. FieldTurf - GMAX Alternate Inrd1s, Underlayment Options and Misc. 1. Rondi - PDS Drain Tiles 2. Schmitz Proplay - Proplay 16mm 3. Brock Power Base 4. Brock - SP 14 5. Beynon Shock Base 26mm 6. Beynon Shock Base 19mm 7. Rondi - Veratile 8. FieldTurf - Removal and disposal of existing field 9. Natural Grass Field - Sod or Seed 10. Amorim - CoolPlay V3 11. E-Core/EPDM 12. USGreentech - Coated Sand 13. EnviroFill 14. Sustanable Performance Solutions - ECO Grind 15. SofterSpa - EcoGreen Plus Environmental Infill (TPE Infill) 16. Colorex - Eco Max Infill 17. DOF Cork - Purefill Infill 18. FieldTurf - Purefill Plus 19. Pure Elite Products - EASYTURF FieldTurf - EasyTurf Playground Turf FieldTurf- EasyTurf Playground Pad FieldTurf- EasyTurf Canine Turf FieldTurf- EasyTurf Command Turf FieldTurf- EasyTurf Command Select FieldTurf- EasyTurf Command Premium FieldTurf- EasyTurf General Purpose Site Work S. FieldTurf- EasyTurf General Purpose Blend 9. FieldTurf- EasyTurf Signature Pro Golf 10. FieldTurf- EasyTurf Easy Play 11. FieldTurf- EasyTurf Drainage Tiles 12. FieldTurf- EasyTurf Versa Lush 13. FiedlTurf - EasyTurf AirField Turf City Council 12 - 20 3/21/2023 Exhibit 2 New Construction — Sq. foot/yard pricing is for supply and installation of sports surfacing only. FieldTurf is prepared to offer turn -key solutions for the construction of the base of running tracks, courts, indoor flooring projects and fields through use of RS Means. The best value pricing for base or civil work is obtained through this costing method. Site work or new construction may include but is not limited to: removal and disposal of existing sports surface, lighting, demolition, excavation, rock base aggregate, top rock, asphalt, concrete, sidewalks, turf shock absorption underlayment such as e-layer or padding, tie in to existing drainage, drainage systems, conduits, fencing, crack repair, asphalt repair, etc. which can be purchased through RS MEANS. RS MEANS is self-contained and consists of a turn -key solution that includes a complete line -item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf reserves the right to offer a discount or "adjustment down" to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. Scope of Services Track Professional Services 1. Project design, development or consultant/construction management. 2. Professional engineering services. 3. Installer/admin (tradesman) (not related to turf, track, or court installation. Project Administrator costs for site work. Track Surfaces on Existing Stable Base 1. Beynon - BSS 50 2. Beynon—BSS 100 3. Beynon - BSS 200 4. Beynon - BSS 300 Resurfacing on an Existing Rubber Running Track 1. Beynon — BSS 100 RE 2. Beynon-BSS 200 RE 3. Beynon-BSS 300 RE 4. Beynon-BSS 2000 RE 5 mm 5. Beynon- BSS 2000 RE 7mm Site Work 5. Beynon — BSS 1000 (IOMM) 6. Beynon — BSS 1000 (13MM) 7. Beynon — BSS 2000 (13MM) 6. Beynon- BSS 1000 ML 7. Beynon- Hobart Coating 8. Beynon- In situ Base 9. Beynon: E-layer City Council 12 — 21 3/21/2023 Exhibit 2 New Construction — Sq. foot/yard pricing is for supply and installation of sports surfacing only. FieldTurf is prepared to offer turn -key solutions for the construction of the base of running tracks, courts, indoor flooring projects and fields through use of RS Means. The best value pricing for base or civil work is obtained through this costing method. Site work or new construction may include but is not limited to: removal and disposal of existing sports surface, lighting, demolition, excavation, rock base aggregate, top rock, asphalt, concrete, sidewalks, turf shock absorption underlayment such as a -layer or padding, tie in to existing drainage, drainage systems, conduits, fencing, crack repair, asphalt repair, etc. which can be purchased through RS MEANS. RS MEANS is self-contained and consists of a turn -key solution that includes a complete line -item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf reserves the right to offer a discount or "adjustment down" to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. City Council 12 — 22 3/21/2023 Exhibit 2 10 FieldTurf SU ULTIMATE l_JRFACE EXPERIENCE A Tarkett Sports Company Scope of Services Indoor/Outdoor Court Surfacing Polyurethane Indoor Sports Floors and snort striping 1. OS 6.5 3. Tarkolay Moisture Barrier 2. PTP P&P 7 + 2 Outdoor Court Surfacing and sport striping 1. Outdoor Court Surfacing (4 Coat Plexipave or 3 Coat Action Pave. Includes painting 1 set of game lines) Site Work 2. Site Work for Track and Court projects New Construction — Sq. foot/yard pricing is for supply and installation of sports surfacing only. FieldTurf is prepared to offer turn -key solutions for the construction of the base of running tracks, courts, indoor flooring projects and fields through use of RS Means. The best value pricing for base or civil work is obtained through this costing method. Site work or new construction may include but is not limited to: removal and disposal of existing sports surface, lighting, demolition, excavation, rock base aggregate, top rock, asphalt, concrete, sidewalks, turf shock absorption underlayment such as e-layer or padding, tie in to existing drainage, drainage systems, conduits, fencing, crack repair, asphalt repair, etc. which can be purchased through RS MEANS. RS MEANS is self-contained and consists of a turn -key solution that includes a complete line - item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf reserves the right to offer a discount or "adjustment down" to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. Services 1. Track Restriping Scope of Service Service and Maintenance 2. Track Cleaning FieldTurf — 7445 Cote-de-Liesse Road Suite 200 — Montreal, QC H4T 1 G2 — Tel 1-800-724-2969 www.fieldturf.com City Council 12 — 23 3/21/2023 Exhibit 2 FieldTurf A Tarkett Sports Company Grooming and Maintenance 1. Groom -All 2. GroomRight 3. GroomRight Wings 4. SweepRight 5. SweepRight Pro Site Work THE ULTIMATE SURFACE EXPERIENCE 6. Hydraulic Sweeper 7. Tow Behind Magnet 8. FieldTurf Static Brush 9. FieldTurf Fieldcare New Construction — Sq. foot/yard pricing is for supply and installation of sports surfacing only. FieldTurf is prepared to offer turn -key solutions for the construction of the base of running tracks, courts, indoor flooring projects and fields through use of RS Means. The best value pricing for base or civil work is obtained through this costing method. Site work or new construction may include but is not limited to: removal and disposal of existing sports surface, lighting, demolition, excavation, rock base aggregate, top rock, asphalt, concrete, sidewalks, turf shock absorption underlayment such as e-layer or padding, tie in to existing drainage, drainage systems, conduits, fencing, crack repair, asphalt repair, etc. which can be purchased through RS MEANS. RS MEANS is self-contained and consists of a turn -key solution that includes a complete line -item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf reserves the right to offer a discount or "adjustment down" to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. 20) Specifically describe any manufacturing processes or material specification -related attributes that differentiate your offering from your competitors. Response FieldTurf has manufacturing facilities in the USA, France, and Spain. In addition FieldTurf opened a 500,000 square foot facility in Calhoun, GA with complete tufting and coating abilities. FieldTurf also reached triple ISO Certification (Environmental 14001, Occupational Health and Safety 18001, and Quality 9001) in 2010 which is the only turf company in North America with this distinction. FieldTurf performs the following directly: • Manufacture, supply and installation of turf • Design and engineering FieldTurf — 7445 Cote-de-Liesse Road Suite 200 — Montreal, QC 114T 1 G2 — Tel 1-800-724-2969 www.fieldturf.com City Council 12 — 24 3/21/2023 Exhibit 2 FieldTurf THE ULTIMATE SURFACE EXPERIENCE A Tarkett Sports Company • Design assist • On -site supervision • Maintenance • Recycling of infill • Removal/disposal services • Infilling • Sewing • Stitching • Gluing • Painting • Drafting • Logo Design, manufacture and installation In addition to these items, FieldTurf is one of the most vertically integrated companies in the industry with sales, manufacturing, project management, marketing and installation/ construction resources capable of supporting more than 400 fields per year THE BEYNON DIFFERENCE: Beynon surfaces are found in North America's most prestigious track and field facilities, reputed collegiate campuses, high schools, and city parks. Not only do we strive to make you fast but we help to keep you safe. Our specialized, high performance synthetic athletic surfaces are designed for speed, competition, and most importantly, daily training. Should it be at one of our thousands of outdoor tracks, indoor fieldhouses or multipurpose gymnasiums, you will feel the difference a Beynon surface makes. BEYNON RUNNING TRACK SURFACE & MANUFACTURING: Beynon Surfaces are built to last. They are manufactured and installed with the highest attention to detail. Beynon systems showcase proven durability. Numerous Beynon surfaces have seen over 20 years of use. Beynon controls all aspects of the manufacturing chain, which allows us to create the right product, regardless of the facility. Because our founder's name stands behind each track that we make, we take special care throughout the entire installation process. We do this by only using certified Beynon track installers, specialized equipment, and skilled craftsmen, which ensures impeccable results. FieldTurf — 7445 Cote-de-Liesse Road Suite 200 — Montreal, QC H4T 1 G2 — Tel 1-800-724-2969 www.fieldturf.com City Council 12 — 25 3/21/2023 Exhibit 2 w>, ieldTurf THE ULTIMATE SURFACE EXPERIENCE A Tarkett Sports Company 21) Describe any serviceability attributes that your offered solutions contain. Please indicate which of these attributes are considered "industry -expected attributes" and which you believe are "vendor differentiators." Response • FieldTurf has the most innovative product offering. • Independent testing has proven that FieldTurf is the safest turf system when compared to natural grass. • FieldTurf is one of the most vertically integrated companies in the world. • When it comes to playability and performance, FieldTurf is the clear market leader. • No other long pile, artificial turf system has lasted longer than FieldTurf. • FieldTurf may be priced higher, but it costs less. • For peace of mind, FieldTurf provides clients with the best insured warranty in the business. • FieldTurf is the clear choice of the pros. • FieldTurf offers First Class Customer Service. • When combining all these benefits it's clear that FieldTurf is simply ...the best investment. 22) Please explain the installation and maintenance services that are available. Response • Manufacture, supply and installation of turf • Design and engineering • Design assist • On -site supervision • Maintenance • Recycling of infill • Removal/disposal services • Infilling • Sewing • Stitching • Gluing • Painting • Drafting • Logo Design, manufacture and installation In addition to these items, FieldTurf is one of the most vertically integrated companies in the industry with sales, manufacturing, project management, marketing and installation/ construction resources capable of supporting more than 400 fields per year. FieldCare FieldTurf — 7445 Cote-de-Liesse Road Suite 200 — Montreal, QC H4T 1 G2 — Tel 1-800-724-2969 www.fieldturf.com City Council 12 — 26 3/21/2023 Exhibit 2 FieldTurf SU ULTIMATE OD SURFACE EXPERIENCE A Tarkett Sports Company hgp: //www. fieldturf. com/en/service/fiel dcare-maintenance-pro gram The proper maintenance of your FieldTurf surface will not only keep your field looking and playing its best, but will extend the life span of your field by many years. FieldCare is a national maintenance program geared towards making FieldTurf synthetic turf field systems perform at their optimal level for even longer. The FieldCare program is comprised of complete field inspections and regular maintenance done only by FieldTurf authorized maintainers. Twice per year, our industry -best certified FieldTurf maintainers will visit your facility for regularly scheduled maintenance which consists of a deep sweep and rejuvenation.This in-depth grooming will remove all dirt, bird droppings, gum, blood, skin and other detritus that ultimately collects in any playing surface, leaving your field bright and clean. A complete inspection of all areas of the field, including: • Fiber Fibrillation Analysis • Seam Analysis • Perimeter Anchoring • Excessive Wear Analysis • LTV Fade Inspection • Infill - Consistency in Depth • Infill - Migration Analysis • Glued Inlay Analysis • Base Stability Analysis • Painted Markings Inspection Other services offered by our maintenance professionals include: • Logo or line painting removal • Goal post installation/repair • GMAX testing • Snow removal • Ceremony/event preparation Total Care hqp://www.fieldtufcom/en/service/totalcare With over 7,000 fields in the ground customers can benefit from FieldTurf s unmatched expertise and advanced technology to find the most economical method to replace their existing turf system. Let our experts evaluate your field and give you economic options you can live with. FieldTurf — 7445 Cote-de-Liesse Road Suite 200 — Montreal, QC H4T 1 G2 — Tel 1-800-724-2969 www.fieldturf.com City Council 12 — 27 3/21/2023 Exhibit 2 4DFieldTurf THE ULTIMATE SURFACE EXPERIENCE A Tarkett Sports Company TotalCare is the complete package. Our comprehensive program helps you save money and ensure maximum performance on your field replacement. Here's how it works: ➢ Field Removal Our objective is simple - remove the maximum amount of infill at the lowest cost to you. ➢ Base Remediation Our team of experts will help determine if any base remediation is necessary. ➢ Field Replacement Only the best materials go back in to the field. Our assessment will help determine how much of the existing infill can be reused and how much, if any, cleaning of the infill is necessary. To find out more about this program, check out the FieldTurf Infill Renewal guidelines. ➢ Comprehensive Maintenance The TotalCare program includes an 8-year service plan of 2 visits per year from our FieldCare team. This maintenance includes deep grooming and field rejuvenation along with any spot repairs. Plans are customized for each customer based on needs. For additional information please refer back to the following exhibit: Exhibit T: 27.1 FieldTurf Total Care & Beynon Sports Maintenance Signature: See Signature Page Below Date: FieldTurf — 7445 Cote-de-Liesse Road Suite 200 — Montreal, QC 1-14T 1 G2 — Tel 1-800-724-2969 www.fieldturf.com City Council 12 — 28 3/21/2023 Exhibit 2 aFieldTurf THE ULTIMATE SURFACE EXPERIENCE A Tarkett Sports Company 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality, university, or school district. b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations; or state purchasing departments. c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. d. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. 12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. for example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. 17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Industry -Specific Questions 19) Identify the categories in which you provide solutions: wood, turf, rubber, and/or synthetic. 20) Specifically describe any manufacturing processes or material specification -related attributes that differentiate your offering from your competitors. 21) Describe any serviceability attributes that your offered solutions contain. Please indicate which of these attributes are considered "industry -expected attributes" and which you believe are "vendor differentiators." 22) Please explain die installation and and maintenance services that are available. Signature: T---- FieldTurf— 7445 Cote-de-Liesse Road Suite 200 — Montreal, QC H4T 1G2 — Tel 1-800-724-2969 www.fieldturf.com City Council 12 — 29 3/21/2023 DocuSign Envelope ID: CB5CF952-A106-4923-AD25-B698D56813F2 Exhibit 2 Letter of Agreement To Extend the Contract Between FieldTurf USA, Inc. 7445 Cote-de-Liesse Road, Suite 200 Montreal, QC H4T 1G2 Canada And Sourcewell 202 12t" Street NE Staples, MN 56479 Phone: (218) 894-1930 The Vendor and Sourcewell have entered into an Agreement (Contract #060518-FTU) for the procurement of Athletic Surfaces with Related Materials, Supplies, Installation and Services. This Agreement has an expiration date of August 7, 2022, but the parties may extend the Agreement for one additional year by mutual consent. The parties acknowledge that extending the Agreement for another year benefits the Vendor, Sourcewell and Sourcewell's members. The Vendor and Sourcewell therefore agree to extend the Agreement listed above for a fifth year. This existing Agreement will terminate on August 7, 2023. All other terms and conditions of the Agreement remain in force. SO �Doocyu�S�iigned by, ,Sc6ayf'� By: COFD2A139D06489... Its: Director of Operations & Procurement/CPO Name printed or typed: Jeremy Schwartz 3/28/2022 1 12:48 PM CDT Date Fiel DocuSigned by: Y• Vi6 va�,it,vt, 68E64DD8AF38430... Eric Daliere Name printed or typed: 3/28/2022 1 3:07 PM CDT Date Its: President TNA TSP City Council 12 — 30 3/21/2023 DocuSign Envelope ID: B4CB32AC-DB7F-4E62-A8EF-A66A90BF971A Exhibit 2 FORM E CONTRACT ACCEPTANCE AND AWARD tVLOMENTAv41,6 w� % y Sourcewe[I Farnie,rly I:Ji A {Top portion of this form will be completed by Sourcewell if the vendor is awarded a contract. The vendor should complete the vendor authorized signatures as part of the RFP response.) Sourcewell Contract #: 060518-FTU Proposer's full legal name: FieldTurf USA Inc. Based on Sourcewell's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth in this RFP, in any amendments to this RFP, and in any exceptions that are accepted by Sourcewell. The effective date of the Contract will be August 7, 2018 and will expire on August 7, 2022 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the Sourcewell Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at Sourcewell's discretion. reawall Authorized Signatures: YVL4,�� S"ayi,� 78444D62GF684F3 SOURCEWELL DIRECTOR OFOPERATIONSAND ff f Q"".;NT/CPO SIGNATURE V u".d, L.aAIAtt SOURCEWELL EXECUTIVE DIRECTOR/CEO SIGNATURE Awarded on August 3, 2018 Vendor Authorized Signatures: Jeremy Schwartz (NAME PRINTED OR TYPED) Chad Coauette #NAME PRINTED OR TYPED) Sourcewell Contract # 060518-FTU The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments. Vendor Name i� 6 ' 1 Authorize� (ri's Title —. VENDOti�,19THORIZED SIGNATURE e Executed on ��� 20 e2 (NAME PRINTED OR TYPED) Sourcewell Contract # 060518-FTU 0 vo�wl,y4c City Council 12 — 31 3/21/2023 CENTENNIAL REGIONAL PARK February 15, 2023 FieldTurf USA, Inc. is pleased to present the following proposal. FieldTurf pricing is based on the Sourcewell contract (formerly NJPA). Sourcewell provides predetermined preferential pricing through approved vendors. Since the products have already been bid at the national level, individual municipalities do not have to duplicate the bidding process per Sourcewell Contract # 060518-FTU. Click on the following Sourcewell hyperlink for contract due diligence documentation: Sourcewell Dan Young Sports Complex Quantity Units Unit Price Total Project Start up 1 Coordination/ Project Management 1 LS $12,500.00 $12,500.00 2 SWPPP Permit/ Site requirements 1 LS $7,500.00 $7,500.00 Subtotal Project start up $20,000.00 Sitework 3 Civil Scope (Description Below) 166,985 SF $8.71 $1,453,855.08 Subtotal Sitework $1,453,855.08 Synthetic Turf 4 FieldTurf Super Elite Vertex Prime with Core 2.5" 166,985 SF $5.48 $914,559.77 5 CoolPlay heat reducing infill 166,985 SF $0.89 $148,616.65 6 Football numbers & arrows 1 LS $7,500.00 NO CHARGE 7 Football hashmarks 1 LS $7,500.00 NO CHARGE 8 Football media restraining lines 1 LS $7,500.00 NO CHARGE 9 Soccer markings 2 LS $6,000.00 NO CHARGE 10 Mini soccer markings 2 LS $6,000.00 NO CHARGE 11 FieldTurf Maintenance Equipment; GroomRight & FieldSwee 1-set 1 LS $10,000.00 $10,000.00 12 A 10-year 3rd party pre -paid insured warranty on the FieldTurf artificial grass surface 1 LS INCLUDED INCLUDED 13 Taxes 1 LS $63,792.00 $63,792.00 Subtotal Synthetic Turf $1,136,968.42 14 Performance & Payment Bonds 1 LS $33,035.29 $33,035.29 15 Design fee 1 LS $32,000.00 $32,000.00 Dan Young Sports Complex TOTAL $2,675,858.79 PRODUCT DETAILS FieldTurf, the worldwide leader in artificial turf, is pleased to offer the FieldTurf Vertex Prime with Core and CoolPlay (FTVTC-1-CP), with the following product characteristics: VERTEX PRIME CORE WITH COOLPLAY Pile Height: 2.5 Inches Infill Weight: 6.2lbs sand, 2.4lbs Cryogenic Rubber & 0.6lbs CoolPlay per sq.ft. Pile Weight: 47 oz/yd2 Total System Weight: 1393 oz/yd2 FieldTurf has taken the necessary steps to ensure that your project will run smoothly and that the quality promised will be the quality delivered. CIVIL SCOPE INCLUDES: Pricing is based upon Fieldturf plans dated 01/27/23. Pricing includes: a) General conditions to include equipment mobilizations, construction staking, temporary bathrooms as needed, rumble plates at field entrance, onsite supervision, erosion control BMPs. b) Demolition onsite per plansheet L-3 & L-4 to include goalposts, storm drain line and catch basin as noted, capping of irrigation, removing of irrigation laterals as needed, demo asphalt paving. c) Earthwork to include removal of existing sod (assumed 3"), cut/fill site to balance site, finish grade subgrade of field. d) Drainage per plansheet L-7 & L-8 to include perforated collectors (6" & 8") per plans, nyloplast basins, connection to existing storm drain outlet pipe, 1"xl2" flat tile. e) Synthetic turf base to include soil separation fabric, composite nailer board at perimeter for turf attachment, Furnish & install 6" permeable base course, fine grade fields to within Fieldturf tolerances. f) Concrete to include 6"x12" perimeter curb per plans (existing concrete mowband and existing concrete wall to be used at header board attachment point), concrete walkway and patch back per plans, concrete retaining curb (36" high) per plans. g) Furnish & install one set (1 pair) of goalposts per plans. h) Irrigated lawn restoration per plans. 1) Asphalt patch (150 SF). PRICE DOES NOT INCLUDE: a) Unless otherwise specified, the price does not include any G-max testing. b) Any alteration or deviation from specifications involving extra costs, which alteration or deviation will be provided only upon executed change orders, and will become an extra charge over and above the offered price. c) Site security. d) Silt fencing and any other fencing. e) Boring for utilities. f) Any electrical work. g) Unsuitable soils: once subgrade has been established, a proof roll will be performed to ensure the structural stability of the soils; in the event that unsuitable soils are encountered, a price to remedy these areas can be provided by FieldTurf. No soil boring report provided at time of bid. h) Asphalt paving. i) Re-routing or relocation of irrigation mainline. j) Installation of manholes, junction boxes, gabions, concrete rip rap, storm drainage not related to the field construction, grate inlets and reinforced concrete pipe. k) Relocation, removal and repair of existing utilities not limited to electrical conduits, power poles, water, sewer, gas, cable, telephone, owner placed conduits and/or communication feeds within the field of play. 1) Repair or resurfacing existing asphalt parking lot if damaged by truck traffic. m) Turf establishment or grow -in. n) Permit fees, Inspection fees. o) Anything not explicitly noted in the inclusions. The price is valid for a period of 90 days. The price is subject to increase if affected by an increase in raw materials, freight, or other manufacturing costs, a tax increase, new taxes, levies or any new legally binding imposition affecting the transaction. The parties recognize that the impacts of the COVID-19 pandemic are currently unpredictable and could lead to limitations in labor availability and delays in the supply and delivery of materials, equipment or products. In addition, as these contingencies have not been factored into this proposal; materials, equipment and/or products to be used in performing the work may become subject to a price increase. Accordingly, it is acknowledged that the seller/FieldTurf shall (a) not be subject to any damages for any delay due to events beyond its control and, (b) be allowed an equitable adjustment of the time and/or of the price of this proposal or any contractual document resulting therefrom. Please note that the seller/FieldTurf shall use its best efforts to ensure that it fulfills its commitments and will strive to minimize any negative impacts as they may arise. Thank you for your kind understanding. Please feel free to reach out to any member of our project team with questions about our offer: Sara Marinelli Project Manager (514) 799-8864 Sara. Marinelli(a)fieldturf.com Tim Coury Regional Vice -President (760) 310-2139 tcfieldturf(@gmail.com Thank you again for your interest in FieldTurf, we look forward to working with you. The present proposal serves to provide an overview of the terms and conditions governing the business relationship between the parties for the completion of the above -referenced transaction. The parties hereby undertake to subsequently formalize their agreement by signing a more detailed agreement and/or purchase order ("Contract') and as such the amount listed herein shall be an estimate which will be formalized in said Contract. By its signature(s) below, the customer acknowledges having read and accepted this proposal and undertakes to be bound by it. Per: Marie -Christine Ray d, Owner (Signature) Vice President of Customer Operations FieldTurf USA, Inc. / Tarkett Sports Canada, Inc. Printed Name and Title FieldTurf USA, Inc. holds the Cooperative Purchase contract, any PO for Contract must be made out to FieldTurf USA, Inc. 175 N Industrial Blvd NE. Calhoun, GA 30701 If you have questions regarding the FieldTurf and Beynon SmartBuy Cooperative Purchasing Program, please contact Eric Fisher at: Eric. Fisher(a)smartbuycooperative.com. 5marC Buy FIELOTURF BEYNON a) Z CONDITIONS Notwithstanding any other document or agreement entered into by FieldTurf in connection with the supply and installation only of its product pursuant to the present bid proposal, the following shall apply: This bid proposal and its acceptance is subject to strikes, accidents, delays beyond our control and force majeure. FieldTurf's preferred payment terms are as follows: (i) 50% of the Price upon Customer's execution of contract; (ii) 40% of the Price upon shipment of materials from FieldTurf's manufacturing facility; and (iii) Remaining balance of ten percent (10%) upon substantial completion of the field, which shall be achieved when Customer is able to use the field for its intended purpose, even if punchlist items remain and the Certificate of Completion has not been executed by Customer. c) Accounts overdue beyond 30 days of invoice date will be charged at an interest rate of 10% per annum. d) FieldTurf requires a minimum of 21 days after receiving a fully executed contract or purchase order and final approvals on shop drawings to manufacture, coordinate delivery and schedule arrival of installation crew. Under typical field size and scenario, FieldTurf further requires a minimum of 28 days per field to install the Product subject to weather and force majeure f) g) h) e) FieldTurf requires a suitable staging area. Staging area must be square footage of field x 0.12, have a j) minimum access of 15 feet wide by 15 feet high, and, no more than 100 ft from the site. A 25 foot wide by 25 foot long hard or paved clean surface area located within 50 feet of the playing surface shall be provided for purposes of proper mixing of infill material. Access to any field will include suitable bridging over curbs from the staging area to permit suitable access to the field by low clearance vehicles. Staging area surface shall be suitable for passage with motor vehicles used to transport materials to the site and/or staging area. FieldTurf shall not be liable for any damages to the staging area or its surface unless such damages are caused by FieldTurf's intentional misconduct or negligence. This proposal is based on a single mobilization. If the site is not ready and additional mobilizations are necessary, additional charges will apply. Upon substantial completion of FieldTurf's obligations, the Customer shall sign FieldTurf's Certificate of Completion in the form currently in force; to accomplish this purpose, the Customer will ensure that an authorized representative is present at the walk-through to determine substantial completion and acceptance of the field, which may include a list of punch list items. FieldTurf shall not be a party to any penalty clauses and/or liquidated damages provisions. FieldTurf shall be entitled to recover all costs and expenses, including attorney fees, associated with collection procedures in the event that FieldTurf pursues collection of payment of any past due invoice. All colors are to be chosen from FieldTurf's standard colors. ............................................................................. THE TARKETT SPORTS FAMILY - LEADERS IN SPORTS SURFACING............................................................................. TarkettsPar�Ts 7 FieldTurF° BEYNON ` f@Mef" GROWER �� PIAYMASTEB A Tu W-A m•l, C-1ry kTampa Sports[o N" ................................. FiH ® y,R0.N CF �NTfLL a�L FgLTy FIF!!i uSA yao°O� 1r3UD7 = ` oHsns" PMr�Tree OFFICIAL FOOTBALL ■�� �/ ? 7E�` = 3�18fll01 ..` Prod I , TURF OFFICIAL PARSHER • cade}0 0 1/ �/ �/ ................................: Exhibit 4 PROJECT TITLE: Dan Young Soccer Complex Synthetic Turf PROJECT CATEGORY: City & Park Facility Improvements Park Facility LOCATION MAP A CITY OF SANTA ANA FY 22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET is PROJECT DESCRIPTION: The Dan Young Soccer Complex Synthetic Turf project will replace the remaining, existing natural grass on Fields #1 and #3 with the latest technology turf system which will enhance the field to optimum use. F CT NEED: Sports Complex (DYSC) hosts a multitude of sporting the City and provides sports fields for athletes of all ages. Centennial Park and comprised of four (4) large playing C continues to serve as a focal point for the sporting (Exhibit 1). All fields were initially natural grass, but Fields were replaced with synthetic turf in 2004 and 2005. PROJECT COSTS FY 22/23 FY 23/24 FY 24125 FY 25/26 FY 26/27 FY 27128 FY 28129 Construction 2,675,859 - - - - - - Contingency 295,000 Engineering 531,370 TOTAL 3,502,229 - - - - - SOURCE OF FUNDS FY 22/23 FY 23124 FY 24125 FY 25126 FY 26127 FY 27128 FY 28129 Cannabis 3,202,229 - - - - - - CAPITAL OUTLAY/CELL 300,000 TOWER TOTAL 3,502,229 - - - - AGENCY: DIVISION: Parks, Rec. & Community Services Administration CONTACT: Sean Thomas, Senior Civil Engineer DATE: 27-Feb-2023 City Council 12 — 37 3/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 13 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Time Extension of Measure M2 CTFP Grant Funds AGENDA TITLE Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Fairview Avenue Improvements from 9th Street to 16th Street and Fairview Street Improvements from Monte Carlo Drive to Trask Avenue (Project No. 15-6827 and 23-6701) (Non -General Fund) RECOMMENDED ACTION Authorize the Public Works Agency to request a two-year time extension of Measure M2 Comprehensive Transportation Funding Program funding for Fairview Avenue Improvements from 91h Street to 16th Street project (21-SNTA-ACE-3996) and for Fairview Street Improvements from Monte Carlo Drive to Trask Avenue. (22-SNTA- ACE-4020). DISCUSSION The Fairview Avenue Improvements from 9th Street to 16th Street project, and the Fairview Street Improvements from Monte Carlo Drive to Trask Avenue project were awarded a total of $4,546,590 in funds by the Orange County Transportation Authority (OCTA) Measure M2 Comprehensive Transportation Funding Program (CTFP) for Fiscal Year 2022-23. Both projects' scopes include widening the roadway from the existing four lanes to six lanes to provide adequate vehicular capacity within the City's northern limits in addition to sidewalks, wheel chair ramps, raised medians, and traffic signal modifications. The Fairview Avenue Improvements from 9th Street to 16th Street project is currently in the design phase of the project. In accordance with CTFP guidelines, the construction contract for this project must be awarded by June 30, 2023. Despite diligent efforts to advance this project to the construction phase, additional time is required to secure matching funds to close the funding gap due to inflation. The Fairview Street Improvements from Monte Carlo Drive to Trask Avenue project is currently in the design phase of the project. In accordance with CTFP guidelines, the design contract for this project must be awarded by June 30, 2023. Despite diligent City Council 13 — 1 3/21/2023 Request for Delay for Measure M2 CTFP Funds March 21, 2023 Page 2 efforts to finalize the design phase of this project, additional time is required to finalize the project plans and specifications before a construction contract can be awarded. CTFP guidelines provide a one-time, two-year extension of Measure M2 CTFP funding, which will allow sufficient time to complete the outstanding project preparations for construction. Approval of this request will safeguard against a potential lapse in grant funding. The table below summarizes the request: OCTA Board Project Name Resolution for Funding Approval / Extension Application Amount Programmed Request FY Fairview Ave. November 17, 2020 $3,721,590 May, 2021 2-yr Time Improvements from 9th Res. No. 2020-084 FY 2022-23 Extension Street to 16th Street Fairview St. Improvements November 16, 2021 $825,000 May, 2022 2-yr Time from Monte Carlo Dr. to Res. No. 2021-068 FY 2022-23 Extension Trask Ave. FISCAL IMPACT If the Recommended Action is not approved, the City will relinquish $4,546,590 in awarded construction grant funding that will expire. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 13 — 2 3/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Lincoln Avenue Water and Sewer Main Improvements AGENDA TITLE Approve an Amendment to the Project Cost Analysis to Add $343,000 to an Existing Construction Contract with Big Ben, Inc. for a Revised Estimated Project Delivery Cost of $2,343,000, for the Lincoln Avenue Water and Sewer Main Improvements Project (Project Nos. 22-6468 and 22-6620) (Non -General Fund) RECOMMENDED ACTION Approve an amendment to the Project Cost Analysis to reflect the new amount of $571,235 for project contingency for unanticipated or unforeseen work, for a total construction delivery cost of $2,343,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On April 19, 2022, the City Council authorized the award of a construction contract to Big Ben, Inc. to construct new Water, Sewer, and Street Improvements (Exhibit 1). During construction, unforeseen obstructions were found underground that required removal to continue with the underground water and sewer improvements. The project is located next to a railroad track where miscellaneous concrete slab, rebar, and box culvert were buried under Lincoln Avenue and were in the way of the new water and sewer line alignment and street improvement. As a result of the extensive excavations caused by the unforeseen obstructions, the National Pollutant Discharge Elimination System (NPDES) regulations were triggered, requiring the project to add a stormwater treatment unit "filterra" to treat the water runoff into the City storm drain. Approval of the recommended action will allow completion of the project including change orders and additional required work. The recommended action will increase the contract project contingency by $343,000, thereby increasing the total estimated construction delivery cost to $2,343,000, as summarized in the table below: Project Item Current Total New Total Construction Contract $1,453,765 $1,453,765 Construction, Administration, Inspection, Testing $218,000 $218,000 Contingencies $228,235 $571,235 Water Engineering $100,000 $100,000 TOTAL CONSTRUCTION DELIVERY COST $2,000,000 $2,343,000 City Council 14 — 1 3/21/2023 Lincoln Avenue Water and Sewer Main Improvements March 21, 2023 Page 2 FISCAL IMPACT Funds for this action have been transferred from previously appropriated funds for the Fisher Park Neighborhood Water Improvements Project (Project No. 19-6429) to the Lincoln Avenue Water and Sewer Main Improvements Project (Project Nos. 22-6468 and 22-6620) and are available for expenditure in the current Fiscal year 2022-23 as shown below: Fiscal Accounting Unit Fund Accounting Unit - Amount Year — Account # Description Account No. Description Prior Authorized Funds 2021-22 06617647-66301 Acquisition & Water Utility Capital $1,643,000 (22-6468) Construction Projects, Water Capital Project 2021-22 05417647-66220 Sanitary Sewer Capital Recovery $700,000 (22-6620) Capital Charges, Improvements Other than Building Total Contract Amount $2,343,000 EXHIBIT(S) 1. Location Map Submitted By: Nabil Saba, P. E., Executive Director - Public Works Agency Approved By: Kristine Ridge, City Manager City Council 14 — 2 3/21/2023 Exhibit 1 SANTA ANA Phi Project Nos. 22-6468 & 22-6620: kJ Lincoln Avenue Water & Sewer Improvements PUBLIC WORKS AGENCY City Council 14 — 3 3/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Downtown Flood Reduction and Stormwater Infiltration Project AGENDA TITLE Approve Appropriation Adjustments and Award a Construction Contract to GMZ Engineering, Inc. in the Amount of $4,642,644 for the Downtown Flood Reduction and Stormwater Infiltration Project with an Estimated Construction Delivery Cost of $5,640,000 (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize an additional $1.25 million in Proposition 68 Urban Flood Protection (UFP) grant funding from the California Natural Resources Agency into the Public Works Agency Enterprise Capital Grants, Direct Revenue Account and appropriate the same amount into the California Natural Resources Agency Urban Flood Protection, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $900,000 of prior year fund balance in the Federal Clean Water Protection fund, Prior Year Carryforward revenue account and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to add $1.25 million of Proposition 68 Urban Flood Protection Grant Program funding and $900,000 of Federal Clean Water Protection Enterprise funding for the Downtown Flood Reduction and Stormwater Infiltration Project (22-6622). 4. Award a construction contract to GMZ Engineering Inc., the lowest responsible bidder, in accordance with the base bid plus bid alternate in the amount of $4,642,644, for construction of the Downtown Flood Reduction and Stormwater Infiltration Project, for the term beginning March 21, 2023 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. City Council 15 — 1 3/21/2023 Downtown Flood Reduction and Stormwater Infiltration Project March 21, 2023 Page 2 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $5,640,000, which includes $4,642,644 for the construction contract, $552,356 for contract administration, inspection and testing, and a $445,000 project contingency for unanticipated or unforeseen work. DISCUSSION This Downtown Flood Reduction and Stormwater Infiltration Project features the upgrade of storm drain infrastructure along East 3rd Street, between Main Street and French Street, and the construction of a subsurface stormwater infiltration system underneath the City -owned parking lot at 3rd Street and Bush Street (Exhibit 1). The project also includes drought -tolerant landscaping, reconstruction of the City -owned parking lot, paving, and interpretive signage to promote stormwater management. This project will help reduce flooding Downtown, increase local water supplies, and improve water quality in the Newport Bay watershed. Public Outreach and Contractor Participation This project was originally advertised for bid on November 8, 2022, with bids due on December 6, 2022. To provide an opportunity for local vendors to submit bids, the City notified 1,494 regional vendors via PlanetBids, many of which are Santa Ana based. Six vendors requested bidding documents, and a total of six bids were received. Bids were not received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on November 14, 2022 and November 23, 2022. The project was also advertised in PlanetBids from November 8, 2022 through December 6, 2022. Bids were received electronically via PlanetBids on December 6, 2022. Bid Results Summary Rank Bidder's Name Location Base Bid 1 GMZ Engineering, Inc. Westlake Village, CA $4,458,844 2 Big Ben Inc. Irvine, CA $4,763,888 3 Boudreau Pipeline Corporation Corona, CA $5,039,548 4 Excel Paving Co Long Beach, CA $5,179,765 5 mmc, inc La Palma, CA $5,594,943 6 Access Pacific, Inc. Pasadena, CA $6,180,861.78 A total of six bids were received, all of which were deemed responsive. GMZ Engineering, Inc. submitted the lowest responsive base bid in the amount of $4,642,644 City Council 15 — 2 3/21/2023 Downtown Flood Reduction and Stormwater Infiltration Project March 21, 2023 Page 3 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined by the Base Bid. Alternate bid items were also included for additional paving and striping work. In the past five years, GMZ Engineering, Inc. 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 GMZ Engineering, Inc. in the amount of the Base Bid + Bid Alternatives, totaling $4,642,644 (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 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 $5,640,000. The original grant agreement for this project with the California Natural Resources Agency (CNRA) included $3.8 million of Prop 68 Urban Flood Protection (UFP) grant funding. Due to elevated construction costs, staff was successful at obtaining an additional $1.25 million from CNRA to deliver the project. Project Item Total Construction Contract $4,642,644 Construction Administration, Inspection, Testing $552,356 Contingencies $445,000 TOTAL CONSTRUCTION DELIVERY COST $5,640,000 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- 2022-95 was filed for the project. FISCAL IMPACT This project was originally authorized on January 18, 2022 in the FY 2021-22 CIP as Project No. 22-6622, with a total project budget of $3,800,000. With approval of the $1.25 million and $900,000 Appropriation Adjustments, the new total project budget will be $5,950,000. As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $5,640,000, which includes construction, contract administration, inspection, testing, and an authorized contingency. City Council 15 — 3 3/21/2023 Downtown Flood Reduction and Stormwater Infiltration Project March 21, 2023 Page 4 The current fiscal year funding is available in the FY 2022-23 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration. Fiscal Accounting Unit - Fund Accounting Unit -Account Year Account No. Description No. Description Amount (Project No.) Prior Authorized Funds 16417644-66220 PWA CNRA Urban Flood 2021-22 (22 6622) Enterprise Protection, Improvements $3,800,000 Capital Grants Other Than Building Appropriation Adjustments 16417644-66220 PWA CNRA Urban Flood 2022-23 (22 6622) Enterprise Protection, Improvements $1,250,000 Capital Grants Other Than Building Federal Clean Federal Clean Water 2022-23 05717640-66220 Water Protection Enterprise, $900,000 (22-6622) Protection Improvements Other Than Enterprise Building Total $5,950,000 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. FY 2021-22 CIP Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 15 — 4 3/21/2023 Exhibit 1 SANTAANA Project No. 22-6622. Pi Downtown Flood Reduction & Stormwater PUBLICWO- Infiltration City Council 15 — 5 3/21/2023 CITY OF SANTA ANA PRO Pa SAL PROJECT NO.: 22-6622 DOWNTOWN FLOOD REDUCTION! AND STORMWATER INFILTRATIONI BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: GMZ Enaineerinci. Inc. 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 Remove Bollard 5 EA $ 250.00 $ 1,250.00 2 Remove, Salvage/Replace, and Reinstall 54 EA $ 100.00 $ 5,400.00 Wheel Stop 3 Remove, Salvage, and Reinstall Parking 26 EA $ 100.00 $ 2.600-00 Meter Post 4 Remove, Salvage, and Reinstall Swing I EA $ $ Gate 2,500.00 2,500.00 5 Remove, Salvage, and Reinstall Waste I EA S 250.00 $ 250.00 Receptacle 6 Remove, Salvage/Replace, and Reinstall 4 EA $ 1,500.00 $ 13,000.00 Electric Pullbox 7 Remove, Salvage, and Reinstall Light Pole 2 EA $ $ 10,000.00 20,000.00 8 Remove, Salvage, and Reinstall Electric 1 EA $ S Vehicle Charging Station 10,000.00 10,000.00 9 Remove, Salvage, and Reinstall I EA $ S Emergency Phone Pole 10,000.00 10 000.00 10 Remove and Replace Electrical Conduit I LS $ $ 25,000.00 and Wiring In Kind 25,000-00 11 Remove Storm Drain Maintenance Hole 3 EA $ 5,000.00 $ 15,000.00 12 Clearing and Grubbing 1,780 Si' S 5.00 $ $,900.00 I3 Remove Tree 2 EA $ 1,500,00 S 3,000.00 14 Unclassified Excavation and Export 2,590 CY $ 85.00 $ 220,150.0D (Parking Lot)* IS 1Unclassified Excavation, Stockpile, and 4,500 CY $ 25,00 $ 112,500.00 Reuse as Backfill (Parking Lot)* City Council P-1 ofP-195 — 6 3/21/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6622 DOWNTOWN FLOOD REDUCTION AND STORMWATER INFILTR-ATION Item Description Qty Unit Unit Price Amount 16 Install Shoring for Underground Storage 7,865 SF $ $ Reservoir* 50 00 393,250 00 17 Install 8" 5DR35 PVC Pipe Incl. 151 LF $ $ Trenching, Removals, Bedding, and 355.00 55,115.00 Backfill 18 Install 18" DIP (CL.250) Incl. Trenching, 47 LF $ S Removals, Bedding, Backfill, and 535.00 25,145.00 Pavement Re lacement 19 Install 18" RCP (2500-D) Incl. Trenching, 367 LF $ S Removals, Bedding, Backfill, and 450.00 1 G8 820 00 Pavement Replacement 20 Install 21" RCP (2000-D) Incl. Trenching, IO LF $ S Removals, Bedding, Backfill, and 490.00 4,900.00 Pavement Re lacement 21 Install 24" RCP (2000-D) Incl. Trenching, 102 LF $ S Removals, Bedding, Backfill, and 520,00 53,040.00 Pavement Replacement 22 Install 30" RCP (2000-D) Incl. Trenching, 310 LF $ $ Removals, Bedding, Back Fill, and 590.00 1$2,900.00 Pavement Replacement 23 Install 36" RCP (2000-D) Incl. Trenching, 295 LF $ $ Removals, Bedding, Backfill, and 675.00 199,125,00 Pavement Replacement 24 Install 39" RCP (2000-D) Incl. Trenching, 10 LF $ $ Removals, Bedding, Backfill, and. 540.00 5,400.00 Pavement Replacement 25 Construct Concrete Collar 8 EA $ 3,000.00 $ 24,000_00 26 Construct Junction Structure Per SPPWC t EA $ $ Sid. Plan 331-3 5.000.00 5,000.00 27 Construct Type A Junction Chamber Incl. 5 EA $ $ Excavation, Removals, Backfill, and 22 500 00 112,500.00 Pavement Replacement 28 Construct Type B Junction Chamber Incl. I EA $ $ Excavation, Removals, Backfill, and 25.000.00 25,000.00 Pavement Replacement 29 Construct Low Flow Diversion Vault Incl. 1 EA $ S Excavation, Removals, Backfill, and 21,500.00 21,500.00 Pavement Replacement 30 Construct Low Flow Diversion lvll-1 Incl. I EA $ S Excavation, Removals, Backfill, and 22,500.00 22.500.00 Pavement Replacement 31 Install 18"X 13" Grated Catch Basin with 2 EA S S Catch Basin Filter Insert (Oldcastle 7,500.00 15,000.00 FloGard or approved equal) Incl. Excavation, Removals, and Backfill 32 Install 18"xl8" Grated Catch Basin Air 2 EA $ S Vent with Catch Basin Filter Insert 7,500.00 15,000.00 (01dcastle F1oGard or approved equal) Incl. Incl. Excavation, Removals, and Backfill City Council P-2 of P-195 — 7 3/21 /2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6622 DOWNTOWN FLOOD REDUCTION AND STORMWATER INFILTRATION Item Description Qty Unit Unit Price Amount 33 Install Manual Spill Isolation Valve Incl. I EA S S Valve Box and Signage 20,000.00 20,000.DD 34 Install Pipe Connection to Storage I EA $ 1 Q,aa0.ao $ 10,000.00 Reservoir Incl. Energy Dissipator 35 Remove and Reconstruct Type C Catch I EA $ S Basin (W=14') Inci. Excavation, 31,000.00 31,000.00 Removals, and Backfill 36 Remove and Reconstruct Type C Catch 2 EA $ S Basin (W=21') Incl. Excavation, ! 37,500.00 75,000,00 Removals, and Backfill 37 Install Underground Storage Reservoir l LS $ 1,150,000.00 $ 1,150,000.00 Incl. Access Frames, Covers, and Shafts 38 Install Cartridge Media Filter (Kraken KF- l FA $ $ 10-16 or approved equal) Incl. Excavation, 320,000.00 320,000.00 Removals, and Backfill 39 InstaIl Drywell {Torrent Maxwell or ] 3 EA $ 53,00Q.Q0 $ 889,000.OD Approved Equal} 40 Construct Asphalt Concrete Pavement 607 TONS $ 150,00 $ 91,050.Oa 41 Construct Abgregate Base (Class 2) 582 CY $ 100 00 $ 58,200M 42 Construct PCC Driveway Approach 566 SF $ 30.00 $ 16,980,00 (Commercial = 8") 43 Construct 8" Thick PCC Cross Gutter 108 SF $ 30.00 $ 3,240.00 44 Construct 4" Thick PCC Sidewalk 656 SF $ 20.00 $ 13,120.00 45 Construct PCC Curb 981 LF $ 50 00 $ 49,050.00 46 Construct PCC Curb & Gutter 177 LF $ 100,00 $ 17,700.00 47 Install Detectable Warning Surface 50 SF $ 100.00 S 5,000.00 48 Install Traffic Signal Loop Detector (Type 2 EA $ 5,000.00 $ 10,000 00 D Loop) 49 Install Traffic Signal Loop Detector (Type 2 EA $ 5,Q00.QQ $ 1 Q,QQO.OD E Loop) 50 Signing and Striping I LS $ 15,000.00 $ 15,Q00.0D 51 Prop 68 Funding Acknowledgement Sign 1 EA $ 5 Q0Q 00 $ 5 00Q Q0 52 Interpretive Signage l LS $ 7,500.00 $ 7,500.00 53 Construction Permit ] LS $16,500 $16,500 54 1 Gallon Shrub (Furnish Material Only)"* 209 EA $ 15.00 $ 3,135.00 City Council P-3 ofP-1'p5 — 8 3/21/2023 Nil h21:11a19111%Nicoll CITY 4F SANTA ANA PROPOSAL PROJECT NO.: 22-6622 DOWNTOWN FLOOD REDUCTION AND STORMWATER INFILTRATION Item Description Qty Unit [snit Price Amount 55 5 Gallon Shrub (Furnish Material Only)** 7 EA $ 35.00 S 245.00 56 15 Gallon Shrub (Furnish Material 2 EA $ 110.00 $ 220.00 Only)** 57 15 Gallon Tree Including Tree Staking and 2 EA $ S Protection 250.00 500.00 58 Remove, Temporarily Box, and Reinstall 3 EA $ S Palm Tree 7,500.D0 22,500.00 59 OCCC Planting" I LS $2, l 46 $2,146 60 Install 2.5" Deep Decomposed Granite 1,780 SF $ $ Mulch ('California Gold') or Match 5.00 8,900.00 Existing 61 Install 4" Deep Decomposed Granite Path 95 SF $ 0.00 $ 950.00 ('California Gold') or Match Existing 62 Soil Conditioning & Topsoil Placement 1,730 SF $ 3.00 $ 5,340.00 63 Fertilizer Tablets 21 Gram i LS $ 250.00 $ 250.00 64 Non -woven Geotextile Fabric Including 1,780 SF S 2 85 $ 5,a73.aa Pins 65 Relocate Landscape Boulder 2 EA $ 300.00 $ 600 D0 66 Install TxTxT Landscape Boulder 5 EA $ 400.00 $ z;oaD.aO 67 Tnstail TxTxT Landscape Boulder 4 EA $ 350.00 $ 1,40a.a0 68 Plant Establishment (90 Days) 1 LS $ 3,500.00 S 3,500.00 69 Protection and Modification of Drip I LS S 18 000 00 $ 18 000 OD Tubing Irrigation System Bid Alternates 1 Remove and Replace 8" Thick Colored 1,070 SF $ 40 Q0 $ 42,800.00 Concrete Pavement In Kind 2 Adjust Water Valve Frame and Cover to 13 EA $ 1,000.00 $ 13,000.00 Grade 3 Adjust Sanitary Sewer Maintenance Hole 2 EA $ 1,000.00 $ 2,400.00 Frame and Cover to Grade 4 2" Cold Mill 4,200 SY $ 5.00 $ 21,000.00 5 2" ARHM Overlay 473 TONS S 200.00 $ 94,600.00 6 Si-ning and Stripinb I L5 S 25,000.00 25,000.00 { Replaces Bid Item 54} Bid lien] 50 (subtract) -S 15,000.00 City Council P-4 of P-11Z — 9 3/21/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6622 DOWNTOWN FLOOD REDUCTION AND STORMWATER INFILTRATION TOTAL BASE BID S 4,458,844.00 TOTAL ADD ALTERNATE BID S 183,800.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (If any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "251/o" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. Labor for planting all 1-gallon, 5-gallon, and 15-gallon Shrubs, Ornamental Grasses, and Ground Covers as shown per plan shall be performed by the OCCC. The Contactor shall be responsible for planting all Trees as shown per plan. For the landscaping bid items, only the price to furnish the materials for the installation of the 1-gallon, 5-gallon, and 15-gallon planting shall be included. The labor for the OCCC installation work for 1-, 5-, and 15-galIon plants is included in Bid Item 59. f 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 200 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 ofFirm GMZ Engineering, Inc. Signature of BIDDER Title Ghazi Mubarak - President. Vice President, Secretary, Treasurer (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 corporation, state legal name ofcorporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council P-5 of P-1'95 — 10 3/21/2023 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 22-6622 DOWNTOWN FLOOD REDUCTION AND STORMWATER INFILTRATION This CONSTRUCTION CONTRACT is made and entered into this 21" day of March, 2023 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 GMZ Engineering, 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 Downtown Flood. Reduction and Stormwater Infiltration Project (hereinafter referred to as the "WORD 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, Six Hundred Forty -Two Thousand, Six Hundred Forty -Four Dollars and No Cents ($4,642,644.00), 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 —11 PSQ I /QM 3 4. CONTRACTOR agrees to complete the WORD OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORD 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. 5. 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:llwww.santa-ana.orglpwa/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 (S500,000), the Warranty Bond amount shall be the greaterof Ton 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. fNDEMNIFICATION. 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 15 - 12 PEW3A2JU3 (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 Indemni tee. 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:42'g� JOHN 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: GMZ Engineering, Inc. NAME:TITLE: d " City City Council 15 — 13 PVV/ 3 EXHIBIT A CITY OF ,S TA ANA PROPOSAL PROJECT NO.: 22-662-1 DOWNTOWN FLOOD REDUCTION AND STORMWATER INFILTRATION DID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: GMZ Engineering, Inc. REQUIREMENT: The undersigned bidder declares that Lhey have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and lierehy 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 lurnp sum(s) set forth in the following schedule: Item Description Qt} Unit Unit Price Amount I Remove Ballard 5 EA $ 250.00 $ 1,250.00 2 Remove, Salvage/Replace. and Reinstall 54 EA $ 100.00 $ 5,400.00 Wheel Stop 3 Remove, Salvage, and Reinstall Parking 26 EA $ 100.00 $ 2.600.00 Meter Post 4 Remove, Salvage, and Reinstall Swing 1 EA $ $ Gate ?,500.00 2,500,00 5 I Remove, Salvage, and Reinstall Waste 1 EA S 250.00 $ 250.00 Receptacle G j Remove, Salvage/Rcpiace, and Reinstall 4 EA � S 1,500.00 $ 5 p04.o0 Elrcaic Pullbox 7 Remove. Salvage, and ItclastaII LighL Pole 2 CA S S 10,000.00 20,000.00 8 Remove. Salvage, and Reinstall Electric 1 EA S S Vehicle Chareina Station 10,000.00 10,000.00 9 Remove, Salvage, and Reinstall 1 Eel $ S Emergency Phone Pole 10,000.0010,000.00 10 Remove and Replacc Electrical Conduit 1 L5 $ 25,000.00 S 25,000.00 and Wiring In Kind t ] Remove Storm Drain Maintenance Hole 3 E,A S 5.000,00 S 15,000.00 12 Clearing and Grubbing 1,730 SF S 5.00 S 8,9001)() 13 Remove Tree 2 EA S 1,500.00 i $ 3,000.00 14 Unclassilied Exc a e, ation and Export 7,59U Cy S 85.00 $ 220,150,00 fiParkiil� Lot]* 15 Unclassified Excavation. Stockpile, land 4,566 Cy $ 25.00 S 112,500.00 Reuse as Backfill (Parking Lot)* City Council 15 — 14 3/21/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6622 DOWNTOWN FLOOD REDUCT[ON AND STORMWATI R INFILTRATION Item Description Qty Chit Unit Price Amount 15 Install Shoring for Underground Storage 7,865 5F $ 5 Reservoir* u0.00 3'93,250.00 17 Install 8" 5DR35 PVC Pipe Inc[. 151 LF $ 5 Trenching, Renick,als, Bedding, and 355.00 65,115.00 Backfill 18 Instal 18" DIP [CL250] Incl. Trenching, 47 LF S $ Removals, Bedding, Backfill, and 535.00 26,145.00 Pavement Re luuemcnt 19 Install 18" RCP (2500-D) Incl. Trenching, 367 LF 5 S Removals, Bedding, Backfill, and 460.00 168,820.00 Pavement Replacement 20 Install 21" RCP (2000-13) Inrl, Trenching, 10 LF 5 S Removals, Bedding, Back -fill, and 490.00 4,900.00 Pavement Replacement 21 Install 24" RCP (2000-D) Incl, Trenching. 102 LF S $ Removals, Bedding, Backfill, and 520.00 5.3,040.00 Pavement Rc lacement 22 Install 30" RCP (2000-D) Tncl. Trenching, 310 LF $ $ Removals, Bedding, Backfill, and 590.00 182,900 00 Pavement R❑ lacement 23 Install 36" RCP (2000-D) Incl. Trenching, 295 LF $ $ Removals, Bedding, Backfill, and 675.0C '199,125,00 Pavement Replacement 24 Install 39" RCP (2000-D)1ncl. Trenching, 10 LF $ $ Removals, Bedding, BackGll, and 540,00 5,400,t70 Pavement Replacement 25 Construct Concrete Collar 8 EA $ 3.afa0.ao $ 24.000.I)0 26 Construct Junction Structure Per SPPWC l EA $ $ Std. Plan 331-3 5,000.170 5,000.00 27 Construct Type A Junction Chamber IncL 5 EA S $ Excavation, Removals, Backfill, and 22 50C C0 112.500.00 Pavement Replacement 28 Construct Type B Junction Chamber Incl. I EA $ S Excavation, Removals, Backfill, and 25,000.00 25,000.00 Pavement Replacement 29 Construct Low Flow Diversion Vault Inc]. 1 EA $ S Excavation. Removals, Backfill. and 21,500.90 21 500.00 Pavement Replacement 30 Construct Low Flow Diversion iv1H Incl. 1 EA $ S Excavation. Removals. Backfill, and � 22, 500.00 22, 500.00 Pavement Replacement 31 Install 15"X 18" Grated Catch Basin n ith 2 EA S S Catch Basin Filler Insert (DEdcastle 500 00 15 000.00 FloGard or approved equal) Incl, Excavatian. Removals, and Backfill 32 Install 18"x18" Grated Catch Basin :fir ? EA S S Vent with Catch Basin Filter Insert (dldcastle FloGard or approved equal) �.500.00 15,000.00 Incl. Incl. Excavation, Removals, and Backfill City Council 15 — 15 3/21/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-5622 DOWNTOWN FLOOD REDUCTION AND STORM WATER INFILTRATION Item Description Qty Unit Unit Price Amount 33 Install Manual Spill Isolation Valve Incl. 1 EA 5 S Valve Box and 5ignage 20,0(70.00 20,000.00 34 [nstall Pipe Connection to Storage i Eel 5 10,000.00 S 10,000.00 Reservoir Incl. Erergy Dissipator 35 Reniove and Reconstruct Type C Catch I EA 5 S Basin (W=14) Inc[. Excavation, 31,000.00 31,000.QC Removals, and Backfill 36 Reniove and Reconstruct Type C Catch 2 EA 5 S Basin (W=21) Incl. Excavation, 37 500.00 75,000.00 Removals, and Backfill 37 lnsta[l Uriderground Storage Reservoir I LS S f50,gQ0 00 Incl. Access Frames, Covers, and Shafts ,150,000.00 38 Install C3r1ridgc Media Filter (Kraken KF- [ EA S S 10-16 or approved equal) Incl. Excavation, 320.000.00 320,000.00 Removals, and Backfill 39 1nsiall Drywell (Torrent Maxwell or [3 EA S 53,fl00.00 $ 689,000.0C Approved Equal) 40 Construct Asphalt Concrete Pavement 607 TONS $ 150 d0 S 91,050,00 41 Construct Aggregate Base (Class 7) 582 CY S 100.00 5s,2ao.00 42 Construct PCC Driveway Approach 566 5F S 3D.DD S 6,9�a.aa {Commercial = 8" j =43 Construcl 8" Thick PCC Cross Civaer 108 SF S 30.00 S 3,240.00 44 Construct 4" Thick PCC Sidewalk 656 SF S 20.00 S 13 120.00 45 Construct PCC Curb 981 LF S 50.00 $ 49,050.00 46 Construcl PCC Curb & Gutter 177 LF $ 100.00 17,700.00 47 Install Detectablc Warring Surface 50 SF $ 100.00 $ 5,000.00 48 Install TraMic Signal Loop Detector (Type ? I -EA $ 5,000.00 S 10,000.00 D Loop) 49 1astal1 Trali'ic Signal Loop Detector (Type 2 EA $ 5,000.00 $ 10.000.00 E Loop) 50 Signing- and Striping 1 LS $ . I5,000.00 $ 15,000.00 51 Prop 68 Funding Acknowledgement Sign I EA $ 5.000.00 $ 5,000.00 52 lnterpretive Signage I LS S 7.500.00 � 7,500.00 53 Construction Pcrmit I I_S $16,500 $16,500 54 1 Gallon Shrub (Furnish Material Only)** 209 EA S 15.00 $ 3,135.00 12-3 ai [,,- I Q City Council 15 — 16 3/21/2023 ADDENDUM NC. -I CITY OF SAN'TA A NA PROPOSAL PROJECTNO.: 22-6622 DOWNTOWN FLOOD REDUCTION AND STORMWATER INFILTRATION Item Description Qty Unit unit Price Amount 55 a Gallon Shrub (Fumisli Material Only)** 7 EA S 35.00 S 245,00 56 15 Gallon Shrub (Furnish Material 2 EA $ 110.00 S 220.00 Only)*" 57 15 Gallon Tree Including7ree Staking and 2 EA $ S Protection 250.00 500.00 58 Rcmove, Temporarily Box, and Reinstall 3 EA $ S Palm Tree 7,500.00 22,500.00 39 ❑CCC Planting"* ! LS $2,146 S2,146 60 install 2.5" Deep Decomposed Granite 1,780 SF $ S Mulch ('California Gold') or Match 5.00 8,9C0.00 Existing 61 Install 4" Deep Decomposed Granite Path 95 SF $ 0 00 5 950.00 ('California Gold'j or Match Existing 62 Soil Conditioning & Topsail Placement 1,730 SF $ 3.00 $ 5,340.00 63 F: rtilixerTablets 21 Gram 1 LS S 250.00 $ 250.00 64 Non -woven Geotextile Fabric Including 1,780 SF $ 2.85 S 5,073.00 Pins 65 Relocate Landscape Boulder ? EA S 300 00 S 6a0 as 66 Install 3'x3'x3' Landscape Boulder 5 EA $ 400.00 S 2,000.170 67 Install 2'x2'x2' Landscape Boulder 4 EA $ 350.00 S 1,400.00 68 Plant Establishment (90 Days) 1 LS $ 3,500.00 S 3,500.00 69 Protection and Modification of Drip 1 LS $ 1$,000.00 S 18.000.00 Tubing Irrigation System Bid Alternates 1 Remove and Replace 8" Thick Colored 1,07D SF $ 40.00 $ 42,800.00 Concrete Pavement in Vinci ? Adjust Water Valve Frame and Cover to 13 EA $ 1,000.00 $ 13.000.00 Grade 3 Adjust Sanitary Sewer Maintenance Role 2 EA $ 1,000.00 $ 2,400.00 Frame and Caper to Grade 4 2"' Cold Mill 4,200 SY $ 5,00 $ 21,000.00 5 2" AIMM Overlay 473 'TOWS S 200.00 $ 94,600.oa G Signing, and Striping I LS S 25,000.oa S 25.000.00 I Rep1;lc:cs Bit] lwni 501 Bid Ilem -50 (subtravl) A 5,�1nn O0�7lJ.00 City Council 15 — 17 3/21/2023 CITY Or SANTA ANA PROPOSAL PROJECT NO.: 22-6627 DOWNTOWN FLOOD REDUCTION AND STORMWnTER INFILTRATION TOTAL BASE Bill s 4,458,844.00 TOTAL AID❑ ALTE, RNATE BID S 183,800.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to wward the Base Bid, and any, al1, or none of the add -alternate bid items (if any). The gLiantity 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 ZP right to increase or decrease the quantity of this item accordingly. Labor for planting all I -gallon, 5-gallon, and 15-gallon Shrubs, Ornamentaf Grasses, and Ground Covers as shown per plan shall be performed by the OCCC. The Contactor shall be responsible for planting all Trees as shown per plan. For the landscaping bid items, only the price to furnish the materials for the installation of the 1-gallon, 5-gallon, and 15-gallon planting shall be included. The labor for the OCCC installation work for 1-, 5-, and 15-gallon plants is included in Bid Item 59. This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLLTION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to cornpletc talc Work for the total base bid amount shown above, within 200 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 Firm GMiZ Engineering, Inc. Signature of BIDDER�'�' Title Ghazi iylubarak - President. Vice President. Secretary. Treasurer (I f an individual, so state. I r a Firm ar co -partnership, state the firm name and give the names of a I I individual co-partners composing the firm. I['a cnrporation, state legal name orcorparation. and names of President, Secretary, Treasurer and Manager, thereof: j 2-5 of P-1 q City Council 15 — 18 3/21/2023 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 22-6622: DOWNTOWN FLOOD REDUCTION AND STORMWATER INFILTRATION PROJECT Construction Contract $4,642,644 Contract Administration, Inspection and Testing $552,356 Contingencies $445,000 TOTAL ESTIMATED CONSTRUCTION COSTS $5,640,000 City Council 15 — 19 3/21/2023 PROJECT TITLE: Downtown Flood Reduction & Stormwater Infiltration 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: Upgrade existing stormdrain infrastructure along 3rd Street, installation of a subsurface stormwater infiltration system, and redevelopment of a City -owned parking lot to include stormwater Best Management Practices (BMPs), drought tolerant landscaping, and interpretive signage. PROJECT NEED: The City experiences significant flooding during intense rain events, particularly in the Downtown area. The multi -benefit project will help alleviate flooding via the reconstruction and upgrade of the existing stormdrain infrastructure along 3rd Street, and construction of a subsurface infiltration system that will capture and infiltrate stormwater. PROJECT COSTS FY 22/23 FY 23/24 FY 24125 FY 25/26 FY 26/27 FY 27/28 FY 28129 Construction 2,150,000 - - - - - - Engineering - Planning - - TOTAL 2,150,000 - - - - - SOURCE OF FUNDS FY 22/23 FY 23124 FY 24125 FY 25126 FY 26127 FY 27128 FY 28129 CNRA Urban Flood Protection 1,250,000 - - - - - - FED CLEAN WATER 900,000 TOTAL 2,150,000 - - - - DIVISION: C/P Engineering CONTACT: Craig Foster, NPDES Manager DATE: 28-Feb-2023 City Council 15 — 20 3/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Agreements for On -Call Environmental Services AGENDA TITLE Approve Agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc. for On - Call Environmental Services in aggregate amounts not to exceed $2,450,000, for up to five-year terms (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc., to provide On -Call Environmental Services on as needed basis: federal contract in an aggregate amount not to exceed $950,000 for a three-year term beginning March 21, 2023 and expiring March 20, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc, to provide On -Call Environmental Services on as needed basis: non-federal contract aggregate amount not to exceed $1,500,000 for a three-year term beginning March 21, 2023 and expiring March 20, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On September 23, 2021, the Public Works Agency (PWA) released Request for Proposals (RFP) No. 21-105, by which it sought the services of a professional engineering firm to provide On -Call Environmental services on an as -needed or "on -call" basis. The RFP was advertised on the City's online procurement management and publication system, with Proposals due on October 21, 2021. Eight proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking: Firm City Rank Tetra Tech, Inc. Irvine, CA 1 Dudek San Juan Capistrano, CA 2 ECORP Consulting, Inc. Santa Ana, CA 3 City Council 16 — 1 3/21/2023 Agreement with Tetra Tech, Inc., Dudek, and ECORP Consulting, Inc. March 21, 2023 Page 2 Approval of the recommended action will authorize two sets of consultant agreements for future task orders, depending on the project funding source. For grant -funded projects that require adherence to Caltrans Architecture and Engineering (A&E) requirements, task orders will be issued on the Caltrans version of the on -call agreement (Exhibits 1-3). All other task orders that are funded with local or discretionary funds will utilize the standard version of the consultant agreement (Exhibits 4-6). Based upon the scope of work and selection criteria outlined in RFP 21-105, staff recommends awarding two sets of agreements for each firm listed: one to provide environmental services per Caltrans requirements, and the others to provide services not subject to Caltrans requirements. The firms' proposals demonstrated that they have the necessary capacity and expertise to complete the required services. The consultant's rates are reasonable and within industry standard, the teams' qualifications are appropriate, and the proposals were determined to provide the best value for the City. FISCAL IMPACT There is no fiscal impact at this time. PWA will follow the established on -call services process during the FY 2023-24 - FY 2025-26 contractual term for requesting necessary fiscal review and authorization. Prior to utilizing the on -call services for any of these future task orders, PWA staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the authorization limit of $950,000 for any federally funded projects, and under the shared $1,500,000 aggregate for any projects using local or discretionary funds. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. The current fiscal year funding is available in the FY 22-23 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration. EXHIBIT(S) 1. Agreement with Tetra Tech, Inc., for On -Call Environmental Services— Caltrans Version 2. Agreement with Dudek for On -Call Environmental Services — Caltrans Version 3. Agreement with ECORP Consulting, Inc., for On -Call Environmental Services — Caltrans Version 4. Agreement with Tetra Tech, Inc., for On -Call Environmental Services 5. Agreement with Dudek for On -Call Environmental Services 6. Agreement with ECORP Consulting, Inc., for On -Call Environmental Services Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 16 — 2 3/21/2023 EXHIBIT 1 AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL SERVICES THIS AGREEMENT is made and entered into this 21 st day of March, 2023 by and between, Tetra Tech, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 23, 2021 the City issued a Request for Proposal ("UP") No. 21-105, by which it desired to retain a consultant having special skill and knowledge in the field of Environmental Services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 21-105. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 21-105, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 21-105 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 21-105. The total compensation for services provided by all consultants selected under RFP 21-105 shall not exceed the shared aggregate amount of $950,000.00 during the term of this Agreement, including any extension periods as set forth in Section 4, below. City Council 16 — 3 3/21/2023 b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. C. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. City Council 16 — 4 3/21/2023 Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. 1. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. in. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. P. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the project(s). This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject City Council 16 — 5 3/21/2023 to any additional restrictions, limitations, conditions, or any statute enacted by Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on March 21, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on March 20, 2026, unless terminated earlier in accordance with Section 21, below. The term of this Agreement maybe extended for up to two (2), 1-year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this City Council 16 — 6 3/21/2023 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. 6. 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. 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. City Council 16 — 7 3/21/2023 8. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) 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 $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. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code I (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. (iii) 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. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) 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 City Council Pagv16 — 8 3/21/2023 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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage 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 Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv)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. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the 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 Entity. (vi)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. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. City Council 16 — 9 3/21/2023 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 contract work. (viii) 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 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. (ix)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. (x) 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. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section City Council 16 — 10 3/21/2023 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 10. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. 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 City Council 16 —11 3/21/2023 importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. 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: Jennifer L. Hall Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 City Council 16 — 12 3/21/2023 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Nabil Saba Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Mike Koester, CHMM, REP Vice President Tetra Tech, Inc. 17885 Von Karman Avenue, Suite 500 Irvine, CA 92614 Fax: 949.809.5010 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. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 18. SUBCONTRACTING a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts City Council 16 — 13 3/21/2023 and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. City Council 16 — 14 3/21/2023 20. 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. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. 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. 23. 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. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, City Council 16 — 15 3/21/2023 Section 11102. b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant 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 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national City Council 16 — 16 3/21/2023 origin. In administering the City components of the Disadvantaged Business Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant 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. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. 1. In all solicitations either by competitive bidding or negotiation made by Consultant 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 City Council 16 — 17 3/21/2023 notified by Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. in. Consultant 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 recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. herein in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. P. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • 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 City Council 16 — 18 3/21/2023 projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • 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). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, City Council 16 — 19 3/21/2023 debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. 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 FOLLOWING PAGE] City Council 16 — 20 3/21/2023 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SANTA ANA AND TETRA TECH, INC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney NATHAN T. M TINEZ Assistant City Attorney RECOMMENDED FOR APPROVAL NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT 4ic 4reA,,,,nt& Tetra Tech, Inc. City Council 16 — 21 3/21/2023 EXHIBIT A SCOPE OF SERVICES City Councilpagfc 16 — 22 3/21/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES RFP NO.21-105 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Environmental Consulting firms to provide Environmental Services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of $2,000,000. Work will be assigned by Contract Task Order (CTO). As tasks are identified, they will be distributed amount the firms based upon their ability to perform the required work within the project schedule and budget constraints. DESCRIPTION OF WORK The Consultant shall provide services under the direction of City staff. The Consultant will be expected to provide an experienced, educated and professional team, who's Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and up-to-date with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services will include preparation, distribution and filing of environmental noticing, documents, preparation of studies and technical reports, including but not limited to the following: • Initial Study • Noise Impact Study • Notice of Exemptions • Biological Studies • Negative Declaration • Cultural Resources Study • Mitigated Negative Declaration • Geological/Soil Study • Notice of Preparation • Hydrology/Water Quality Stud • Notice of Intent • Water Assessment Study • Notice of Availability • Mineral Resources Stud • Notice of Determination • Utility/Sewer Study • Environmental Impact Report • Traffic Stud • Environmental Assessment • Mitigation Monitoring Program • Environmental Impact Statement • Preparation of Response to Comments • Categorical Exclusion • Preparation of Statement of City of Santa Ana RFP 21-105 City Council age -16 — 23 3/21/2023 Overriding Considerations • Preliminary Environmental Stud • FAA and ALUC Required • Historic Records Search • Public Outreach • Environmental Certification Form • Preliminary Engineering as required to support environmental analyses. • Air Quality Study • On -call staff consulting Consultant services will also include attendance at appropriate City Commission, City Council, community, and other designated meetings as deemed necessary. PAYMENT AND INVOICING: Selected Consultant shall invoice the City Based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until completed Project has been accepted by the City. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: h!tps:Hdot. ca. gov/-/media/dot-medigZpro grams/local-assistance/documents/Igpm/ch l O.pdf COMPLIANCE WITH REOUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: City of Santa Ana RFP 21-105 City Council age - 6 — 24 3/21/2023 The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: hgps:Hdot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 21-105 City Council age - 6 — 25 3/21/2023 EXHIBIT B CONSULTANT'S PROPOSAL (exclusive of fee proposal and resumes) City Council 16 — 26 3/21/2023 PROTECT DR REPLACE E powm6 FENCING PROPOSED FENCING -mac-- •_-_-y- CLEAR SLOPE, GRADE. AND ^rs 1 L 57. _ L Ex15TING TREES- CONSTRUCT PR 'pS p STAMPED CONCRETE SLOE AV " 1, EXISTING ---- �-- -- -- PROTECT OR REPLACE EXISTING _ _ NG R•ti4 - '.TOR REPLACE 1 f �k _ /• STING FENCING � i.'. DEED FENCING --.. - PROTECT OR REPLACE - r G 3'. ORMNATER E%I$TINC,. FENCING TREATAIEM IMPRGVEMEN73 �RW STABILIZE ANDlOR INSTAiL � .. DRAINAGE IMPROVEMENTS d' - CLEAR SLOPE, GRADE, AND REMOVE 1 E%I STING TREES. CONSTRUCT PROPOSED STAMPED CONCRETE 9LOPE PAVING. FIRST Si, -- - - - - _ �..---- - L.cRCpuLEC FENI:II.C. ~ LBCE III FENCING I' � �A'7 �L PROTECTOR REPLACE ` EXISTING FENCING City Council 16 — 27 A N TETRA TECH KBER 21, 2021 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 Table of Contents SECTION 1 STATEMENT OF QUALIFICATIONS......................................................................................... 1 SectionA Cover Letter............................................................................................................................... 1 Section B Contract Agreement Statement.................................................................................................. 2 Section C Firm and Team Experience........................................................................................................ 2 Section D Understanding of Need.............................................................................................................. 7 Section E Relevant Project Experience.................................................................................................... 10 SectionF References............................................................................................................................... 15 SECTION 2 SCOPE OF SERVICES AND SCHEDULE .............................................................................. 15 ProjectInitiation........................................................................................................................................ 15 Draft Initial Study and Required Technical Studies.................................................................................. 15 TechnicalStudies..................................................................................................................................... 16 On -call Staff Consulting............................................................................................................................ 18 Draft Environmental Document................................................................................................................ 18 NEPADocuments..................................................................................................................................... 19 Attendanceat Meetings............................................................................................................................ 19 EstimatedSchedule.................................................................................................................................. 20 SECTION 3 FEE PROPOSAL......................................................................................... Submitted Separate APPENDIX A RESUMES APPENDIX B CERTIFICATIONS City of Sant"qf Council 16 — 28 3/21 /2023TETRA TECH OTETRA TECH SECTION 1 STATEMENT OF QUALIFICATIONS October 21, 2021 City of Santa Ana Attn: Sean Thomas Public Works Agency, M-36 20 Civic Center Plaza, Ross Annex Santa Ana, CA 92701 Reference: On -Call Environmental Services, RFP #21-105 Dear Mr. Thomas: Tetra Tech, Inc. (Tetra Tech) is pleased to submit our response to the Request for Proposals (RFP) by the City of Santa Ana Public Works Agency to provide as -needed environmental services for the City of Santa Ana Public Works Agency. We have valued the opportunity to work with the City of Santa Ana (City) through past and currently on -going projects and appreciate the opportunity to present our qualifications for this important project contract. Extensive Southern California Business Experience — Founded in 1966, Tetra Tech is a world -class environmental and engineering services corporation based out of Pasadena, California. Tetra Tech includes environmental professionals who, individually, represent decades of experience in successfully completing environmental documentation for hundreds of southern California projects, including projects located in the City. In addition, our Irvine office is located approximately 6 miles from the City's Civic Center. Highly Qualified Team — We have assembled a remarkably well -qualified team to meet and exceed the full - range of services required by the City to provide on -call environmental services. Our team has depth of experience in a wide variety of public and private sector projects. Our project manager, Ms. Paula Fell, has extensive experience with all types and levels of California Environmental Quality Act/National Environmental Policy Act environmental assessment. She has over 28 years of practice managing complex projects, programmatic and/or multi -stage, phased development projects, fast -tracked projects, and controversial projects. She has recently managed preparation of several environmental documents for City projects. Our Team will include UltraSystems Environmental, Inc., who will support Tetra Tech's air quality, greenhouse gases, biological resources, cultural resources, and noise experts. As a Disadvantaged Business Enterprise (DBE), UltraSystems Environmental, Inc. will facilitate the City in meeting its DBE goal. Our team is ready and available to serve the City on all Task Orders, large and small, simple, and complex, prominent, or not. Authorized Individual Representing the Tetra Tech Team: I, Mike Koester, have the authority to represent the Tetra Tech Team and commit personnel and resources for the completion of this important environmental evaluation. I attest that all information submitted with the proposal is true and correct. Very truly yours, TETRA TECH, INC. t" Mike v es r, CHMM, REP Vice President — Midwest, Rockies and California Operation Enclosures Tetra Tech, Inc. /� CA 92614 City Council 16 — 2$e1 949.809.5042 Fax 949.��.IO@Uratech.com PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 Section B Contract Agreement Statement Tetra Tech has reviewed the agreement provided in "Attachment 2" of the Request for Proposals for On - Call Environmental Service and has the ability to meet the project contracting requirements and conditions. Section C Firm and Team Experience Year Founded: 1966 Form of Organization: Corporation Total Number of Employees: 21,000 Number of Employees in Irvin, 300 Size and Location of Offices: 450 offices worldwide Tetra Tech, Inc. (Tetra Tech) is a world -class environmental and engineering services company. Our team of professionals includes a broad range of scientists, planners, and engineers who possess skills, technical expertise, and detailed understanding of the regulatory requirements of the environmental impact assessment process. The selected personnel are highly experienced in all aspects of the permitting and regulatory process of local, state, and federal resource agencies. Tetra Tech has a focused practice for environmental planning services located in our Irvine Office that includes a core group of senior managers, planners, engineers, global information system specialists, visual analysis specialists, public outreach specialists, and other technical specialists. This project will be managed and directed from our Irvine office location: 17885 Von Karman, Suite 500. The primary contact for this project contract will be Ms. Paula Fell, Project Manager/Senior Environmental Planner; telephone 310.497.6684; email; Paula. Fell(a)tetratech.com. The Irvine Office is supported by more than 1,400 professionals in multiple discipline categories located in various offices in southern California (including San Bernardino, Diamond Bar, Los Angeles, San Diego, Santa Barbara, and our Corporate office in Pasadena). These individuals will be available to conduct resource surveys, evaluations, or technical studies as needed. Regardless of the scope of an assigned task, or subsequent requirements for project evaluation, staff will be available to support your project contract. Tetra Tech has significant recent local experience on public works projects, including City Public Works Agency Projects. These projects include the First Street Stabilization Project, the Well 32 and Pipeline Project, the Washington Well Project, and the Well No. 39 Hydro -generator Unit Replacement Project. SUBCONSULTANT: ULTRASYSTEMS ENVIRONMENTAL, INC. Tetra Tech has selected UltraSystems Environmental Inc. (UltraSystems) to UltraSystems assist with the air quality, greenhouse gases (GHG), biological resources, e ironmental..a g.m—t.PI—n—D cultural resources, and noise analysis scopes. Established in 1994, UltraSystems is a planning and environmental consulting firm serving public and private sector clients throughout California. Their 42 employees bring a broad range of expertise and extensive experience to our preparation of environmental documents and technical studies in full compliance with California Environmental Quality Act (CEQA) and its attendant State CEQA Guidelines. The firm is headquartered in Irvine, California. Currently the firm holds certification as a federal DBE, Small Business Enterprise (SBE), Woman owned Business Enterprise (WBE) and federal Woman owned Small Business (WOSB). UltraSystems employs a multidisciplinary team of talented and highly experienced urban and environmental planners, scientists, archaeologists, biologists, geologists, hydrologists, engineers, Geographic Information Systems (GIS) specialists and support staff. City of SantpjU► Councl1 2 16 — 30 3/21 /2023TETRA TECH ter. OUR TEAM PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 Tetra Tech staff bring a combination of corporate knowledge, experience with City projects, practical experience, and a thorough understanding of the CEQA/National Environmental Policy Act (NEPA) and associated technical studies process. Key team personnel shown on the organization chart (Figure 1), followed by brief resumes for these personnel. Full resumes are presented in Appendix A. Figure 1 Organization Chart Availability percentage indicated for key personnel below, all other staff will have 80% or greater availability when needed by the City. Mike Koester (20%) Derrick Coleman PhD (90%) PROJECTAAConnie Farmer (40%) Paula Fell (60%) CEQA/NEPA Cultural Resources Biological Resources Paula Fell Jenna Farrell (60%) Michelle Bates (35%) Derrick Coleman, PhD Julia Mates Amy Noddings Randy Westhaus (40%) Erin King Amanda Beck Connie Farmer UltraSystems UltraSystems Air Quality/GHG Jeffrey Harrington (40%) Tiffanie Ramos UltraSystems (35%) Hazards/ Hazardous Materials Carl Lenker, PE (60%) Jay Neuhaus, PG Noise Kevin Fowler (40%) Chris Hulik Geology/Hydrology/ Mineral Derrick Coleman, PhD Jay Neuhaus, PG (60%) Utility/Sewer Study Neha Gajjar, PE (40%) Laurence Esguerra, PE (40%) Erica Jenkins Water Assessment Ken Berard, PE (40%) Adrian Lee, PE (40%) Public Outreach Lindsay Southerland Max Pivonka Traffic Perry Patton Eric Mathers FAA and ALUC Drew Timmis Preliminary Engineering Nate Schreiner, PE (40%) Paula Fell EDUCATIONAL BACKGROUND: MS, Environmental Sciences, California State University POSITION WITH TETRA TECH: Senior Environmental Planner/ BA, Biological Sciences, Kansas State University Project Manager PROJECT ROLE: Project Manager - Environmental Services EXPERIENCE: Ms. Fell has over 28 years of experience preparing environmental documents and over 22 years as a senior manager. She has managed complex projects, including programmatic and/or multi -stage phased development projects, fast -tracked projects, and controversial projects. Recent experience includes two large multi -stage phased development projects with substantial park and recreation features in Loma Linda prepared under fast - tracked timelines. She has prepared and managed CEQA/NEPA documents including Initial Studies (ISS), City of Santp" Council 3 16 — 31 3/21 /2023TETRA TECH 0 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 tracked timelines. She has prepared and managed CEQA/NEPA documents including Initial Studies (ISs), Mitigated Negative Declarations (MNDs), Environmental Impact Reports (EIRs), Environmental Assessments (EAs), and Environmental Impact Statements (EISs), for projects throughout California on behalf of federal, state, regional, and local agencies and private clients. Her expertise also includes data collection and analysis on environmental issues such as visual resources, land use, public services, biological resources, socioeconomics, recreation, and utilities. REPRESENTATIVE PROJECT EXPERIENCE: • Well 32 IS/MND Rehabilitation and Pipeline Project, Santa Ana, CA • Well 12, Well 14, and Pipeline Project IS/MND, Santa Ana, CA • Washington Avenue Well Project IS/MND, Santa Ana, CA • First Street Stabilization Project Categorical Exemption (CATEX), Santa Ana, CA • Water Well No. 39 Hydro -generator Unit Replacement Project CATEX, Santa Ana, CA • Moulton Niguel Water District Crown Valley Pipeline Replacements Project, Laguna Niguel, CA • Central Park Amphitheater Project IS/MND, Rancho Cucamonga, CA • Central Park Program EIR, Rancho Cucamonga, CA • Adventure Park Multi -Benefit Stormwater Capture Project Addendum to PEIR, Whittier, CA • Santa Ana River Interceptor Line Project, Supplemental EA and EIR Addendum, Orange County, CA Cit of Huntington Beach, Water WeII Project IS, Westminster, CA i LICENSES, REGISTRATIONS, & CERTIFICATES: EDUCATIONAL BACKGROUND: PhD Geomorphology, Johns POSITION WITH TETRA TECH: Senior Project Manager MSHA 24-Hour trained, 2017 MSHA 8-Hour Refresher, 2018 Hopkins University BA Physical Geography, PROJECT ROLE: Environmental Services, University of California, Geological/Soil Study, Berkeley Mineral Resource Study, Hydrology/Water Quality Study EXPERIENCE: Dr. Coleman is a Senior Project Manager who has over 30 years of experience in environmental consulting, primarily focused on water resource evaluations and NEPA/CEQA assessments. He has managed preparation of numerous environmental document projects for commercial -scale alternative energy projects, as well as contributed to assessment documents as a technical lead for geology and soils, and/or water resources. Dr. Coleman's technical specialization is in geomorphology and hydrology. He has applied his expertise in fluvial geomorphology to erosion and sedimentation analyses, flood plain delineation and evaluation, wetlands delineation (the surface water -groundwater interface), and archaeological geomorphology. His hydrology experience includes engineering design of surface drainage systems, environmental contaminant evaluation (primarily soils and groundwater), environmental impact assessments, and underground storage tank investigations. REPRESENTATIVE PROJECT EXPERIENCE: • Well 32 IS/MND Rehabilitation and Pipeline Project, Santa Ana, CA • Well 12, Well 14, and Pipeline Project IS/MND, Santa Ana, CA • Washington Avenue Well Project IS/MND, Santa Ana, CA • First Street Stabilization Project CATEX, Santa Ana, CA • Water Well No. 39 Hydro -generator Unit Replacement Project CATEX, Santa Ana, CA • Moulton Niguel Water District Crown Valley Pipeline Replacements Project, Laguna Niguel, CA • Central Park Amphitheater Project IS/MND, Rancho Cucamonga, CA • Central Park Program EIR, Rancho Cucamonga, CA • Santa Ana River Interceptor Line Project, Supplemental EA and EIR Addendum, Orange County, CA • City of Huntington Beach, Water Well Project IS, Westminster, CA City of SantpjU► COund1 4 16 - 32 3/21 /2023TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 Randy T. Westhaus, PE EDUCATIONAL BACKGROUND: MS, Civil Engineering, Carnegie Mellon University POSITION WITH TETRA TECH: Director BS, Chemical Engineering, Stanford University PROJECT ROLE: Environmental Services EXPERIENCE: Mr. Westhaus has over 42 years of experience in mechanical, nuclear, and environmental engineering. He has managed several multidisciplinary environmental projects involving environmental assessments, environmental planning studies under the CEQA and NEPA, indoor air quality studies, pollution prevention (P2), waste minimization, water quality, environmental audits and permitting, remedial investigations, feasibility studies, remedial designs, Resource Conservation and Recovery Act, closures, and risk management programs. Mr. Westhaus was the Lead Project Manager for a 5-year Master Service Agreement contract with Los Angeles Unified School District to provide CEQA and NEPA services. Tetra Tech successfully completed five CEQA projects under this contract. Each project was completed on time and within budget. The South Region Elementary School Number 10 IS and EIR were completed on an extremely accelerated schedule. Mr. Westhaus oversaw the Tetra Tech project managers and CEQA document preparation in an efficient manner to ensure accelerated deadlines were met. REPRESENTATIVE PROJECT EXPERIENCE: • Widening of Los Angeles Avenue Project IS/EA, Moorpark, CA, Caltrans District 7 • Santa Fe Drive Corridor Bike and Pedestrian Improvement Project Preliminary Environmental Study (PES), Encinitas, CA • Adventure Park Multi -Benefit Stormwater Capture Project Addendum to PEIR, Whittier, CA • Culver Boulevard Realignment and Stormwater Treatment Project IS/MND, Culver, CA • Caruthers Park Stormwater and Urban Runoff Capture Project IS/MND, Bellflower, CA • Goleta Sanitary District's Wastewater Treatment Plant Upgrade IS/MND, Goleta, CA Jenna Farrell EDUCATIONAL BACKGROUND: BA, Anthropology/Archaeology (Minor: Native American POSITION WITH TETRA TECH: Archaeologist Studies), Humboldt State University MA, Anthropology -in progress, California State University PROJECT ROLE: Cultural Resource Study, Sacramento Historical Resource Assessment EXPERIENCE: Ms. Farrell has 21 years of experience in cultural resource management including prehistoric and historic archaeology, traditional cultural properties, and historic architecture and structures. She is a permitted Principal Investigator for the Bureau of Land Management (BLM) in Nevada and a BLM permitted Field Director for California and is certified and listed as an archaeology consultant for Orange County and San Diego Counties in California. Among this experience are three years in a supervisory capacity in support of regulatory compliance programs for energy, transportation, mineral and water resources development, commercial, public utility, and state and federal agency clients. Ms. Farrell has worked on several Class I, II, and III inventory projects for the BLM. She has conducted extensive literature reviews, archaeological inventories, laboratory analysis, testing, and California Register of Historical Resources and National Register of Historic Places evaluations. She also has consultation experience with State Historical Preservation Offices, public, various federal and state agencies, and Native American Tribes. Ms. Farrell is experienced with Section 106 of the National Historic Preservation Act, NEPA, Native American Graves Protection and Repatriation Act, the Archaeological Resources Protection Act, American Indian Religious Freedom Act, CEQA, and various other federal and state agency -specific cultural resources management directives. REPRESENTATIVE PROJECT EXPERIENCE: • Well 32 IS/MND Rehabilitation and Pipeline Project, Santa Ana, CA • Well 12, Well 14, and Pipeline Project IS/MND, Santa Ana, CA • Washington Avenue Well Project IS/MND, Santa Ana, CA City of Sant"q� Council 5 16 — 33 3/21 /2023TETRA TECH 0 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 • First Street Stabilization Project CATEX, Santa Ana, CA • Moulton Niguel Water District Crown Valley Pipeline Replacements Project, Laguna Niguel, CA • Central Park Amphitheater Project IS/MND, Rancho Cucamonga, CA • Central Park Program EIR, Rancho Cucamonga, CA • Santa Ana River Interceptor Line Project, Supplemental EA and EIR Addendum, Orange County, CA LICENSES, REGISTRATIONS, & CERTIFICATES: EDUCATIONAL BACKGROUND: BS, Environmental Engineering, POSITION WITH TETRA TECH: Project Manager Registered California PE No.C70879 No. 74974 (2009) California Polytechnic State University, San Luis Obispo PROJECT ROLE: Preliminary Engineering Qualified Stormwater Pollution Prevention Plans (SWPPP) Developer (QSD), Certificate No. 74974 EXPERIENCE: Mr. Schreiner is a civil engineering project manager at Tetra Tech's office in Irvine, California. He manages domestic projects on behalf of government clients, applying a successful 15-year history of project management, hydrologic and hydraulic modeling, civil engineering design, condition assessments of a variety of infrastructure, and cost estimating. He most recently served as project manager for numerous on -call contracts with various public agencies in the Southern California area including Orange County Public Works, L.A. Metro, City of L.A., John Wayne Airport, Riverside County Transportation Commission, and Los Angeles County Department of Public Works. As a QSD, Mr. Schreiner has ample experience with providing SWPPP for construction activities. REPRESENTATIVE PROJECT EXPERIENCE: • First Street Stabilization Project, Santa Ana, CA • First Street Pedestrian Improvements, Santa Ana, CA • Lincoln Avenue Pedestrian Pathway, Santa Ana, CA • Complete Streets Projects (TOS-1), Los Angeles, CA • Vermont Avenue Stormwater Capture and Green Street Project Phase 2, Los Angeles, CA • Silver Lake Reservoir Stormwater Capture Project, Los Angeles, CA • Caruthers Park Stormwater and Urban Runoff Capture Project, Bellflower, CA UltraSystems The UltraSystems project team has experienced senior staff (many with more than 30 years of technical expertise). All key personnel have proven experience managing projects within Orange County. UltraSystems project team key task leads are noted below. Ms. Lindsay oversees the quality assurance program, and all matters relating to the contract, and contract execution. Ms. Lindsay has over 35 years of experience, has successfully prepared over 400 environmental documents for a broad spectrum of projects, and has managed over 20 large-scale, on- call/as-needed contracts that have encompassed thousands of task orders relating to public agency projects. Ms. Lindsay is able to communicate with clients, facilitate teams, manage personnel including resource allocation, work collaboratively with agencies, run meetings for clients, provide strategic thinking, and most importantly, get projects built for clients. EDUCATION ❖ M.S., Urban and Regional Planning, California State Polytechnic University, Pomona, CA ❖ B.S., Geography, California State University, Long Beach, CA RELEVANT EXPERIENCE County of Orange, OC Loop Segments O, P, Q — IS/MND and CE South Gate, Garfield Improvements — PES City of Bell, Gage Avenue Bridge over the Los Angeles River — IS/MND City of SantpjU► Councl1 6 16 — 34 3/21 /2023TETRA TECH 0 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 • City of Fontana, Foothill Widening Malage Bridge — IS/MND, PES • Kings County, KART Transit Project, Hanford, CA - IS/MND and EA/FONSI City of Commerce, Transit Maintenance Facility — IS/MND and CE PROFESSIONAL REGISTRATIONS, LICENSES AND AFFILIATIONS Institute of Sustainable Infrastructure, Envision Sustainability Professional Dr. Michael Rogozen has over 45 years of environmental consulting experience in California, and manages the UltraSystems' Air, Noise, and Greenhouse Gas Group. His experience includes permitting, ambient monitoring, dispersion modeling, health risk assessment, design of pollution control technology, evaluation of air pollution control alternatives, development of air toxics emission inventories, calculation of GHG emissions, offsite consequence analysis, design of environmental databases, survey design, source test design and analysis, subsurface methane investigations, and regulatory analysis. Dr. Rogozen has the experience to critically evaluate the work of experts in a variety of technical disciplines and has developed a comprehensive quality assurance/quality control Program for UltraSystems environmental documents. He has prepared Caltrans documentation for numerous projects, including PESs, air quality reports, project -level conformity analyses, POAQC determinations, and initial site assessments. He has also managed several projects that have included historic property survey reports and archeological survey reports by UltraSystems staff. EDUCATION ❖ D.Env. Environmental Science and Engineering, University of California, Los Angeles, CA M.S., Systems Engineering, University of California, Los Angeles, CA ❖ B.S., Engineering, University of California, Los Angeles, CA RELEVANT EXPERIENCE • County of Orange, OC Loop Segments O, P, Q — IS/MND and CE • Environmental Compliance for OC Streetcar Construction, Santa Ana, CA • Preliminary Environmental Study, Imperial Highway Traffic Signal Upgrades and Safety Enhancements Project, Downey, CA • Dogwood Road Bridge Replacement Over Central Main Canal, Imperial County, CA • Preliminary Environmental Study and Technical Studies Crosswalk Upgrades Project, Moreno Valley, CA • PES, Air Quality, Initial Site Assessment and Cultural Studies, Inglewood Avenue Corridor Widening Project, Lawndale, CA Section D Understanding of Need Tetra Tech understands the City's goals to efficiently and effectively build and maintain all public streets, storm drains, sewers, and water facilities in the City while protecting environmental resources. Tetra Tech is very familiar with the City's current and planned public works projects including First Street Improvements Project, Lincoln Avenue Pedestrian Pathway Project, Well 32 and Pipeline Project, and the Washington Well Project. Tetra Tech is committed to providing the City of Santa Ana a team that can demonstrate strong performance in environmental services to meet all the demands of the anticipated projects and ultimately to deliver a successful project. Environmental stewardship must be a key component in the design and implementation of public works projects. The CEQA and NEPA processes and requirements vary significantly from project to project presenting unique challenges in ensuring compliance with all environmental regulations. Additionally, the public comment periods can impact the processes thus lengthening schedules and increasing costs. Our City of SantpjU► Councl1 7 16 — 35 3/21 /2023TETRA TECH U-1 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 team provides an experienced group who have prepared CEQA and NEPA documentation on similar types of projects throughout Southern California. Our public outreach and early intervention and collaboration with the public will assist in identifying red flag community issues early in the project design process, providing the City and project design team the opportunity to address the concerns through design or mitigation before the issues become intertwined with the CEQA or NEPA processes thus speeding up the project adoption and compliance with all CEQA and NEPA concerns. Two primary qualities our team takes pride in is our attention to detail and breadth of professional knowledge and experience of staff. The environmental analysts on our team work very closely with project proponents, CEQA and/or NEPA lead agencies, and other regulatory agencies to ensure timely completion of environmental documents and permits even under tight schedules. We know and understand the importance of collaborating between the planning and design teams at the beginning of the project's design life so that environmental impacts and constraints can be taken into consideration early in the planning process. Environmental Services Tetra Tech assists clients in navigating the complex requirements of the CEQA and NEPA assessments and documentation processes with a combination of activities. Project: thoroughly understanding project objectives, planning and design details, implementation activities, and long-term operation and maintenance requirements. Environment: identifying all aspects of the local setting (both natural and engineered) that could be affected by the proposed project, thereby providing an appropriate level of detail to evaluate current conditions of resources and systems. Impacts: identifying and evaluating the potential intersection of project and environment to assess the significance level of possible impacts. At Tetra Tech, we begin at the earliest stage of a project by applying science to problems and developing solutions tailored to the needs of our clients and the details of the project under evaluation. We continue to support our clients throughout the entire project life cycle with consulting, engineering, construction management, operations and maintenance, and IT services —offering these services individually or as part of a full -service approach. Environmental Documentation The Tetra Tech Team has worked on numerous assessment contracts evaluating potential impacts from proposed projects as lead for CEQA and NEPA document preparation, as the consultant responsible for technical studies and resource surveys that support the impact assessments, and as the consultant providing peer review of documentation. We can prepare all types of CEQA and NEPA documents from CATEX through IS/Negative Declaration (ND) or MND, EA/Finding of No Significant Impact to EIR and EIS. We have also prepared EIRs and EISs for large projects with greater potential environmental impacts and a commensurate need for a higher level of assessment. The Tetra Tech Team has depth of experience in a wide variety of public and private sector projects. A summary of our general approach to environmental services projects is provided in Table 1. A more detailed description of our approach to each task is provided in Section 2 of this Proposal. City of San&'jga Council 8 16 — 36 3/21 /2023TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 TABLE 1. TETRA TECH GENERAL APPROACH TO ENVIRONMENTAL SERVICES PROJECTS Task Approach 1. Project Initiation Tetra Tech will attend a kick-off meeting City staff to determine the format and structure of the environmental document, discuss the project schedule and project scope, and obtain project information from the City to develop the project description. Tetra Tech will prepare a project description and schedule. 2. Notice of Preparation Tetra Tech will prepare, distribute, and file the Notice of Preparation for (when required) the project. 3. Scoping Meeting (when Tetra Tech will assist City staff with conducting a scoping meeting for the required) project. 4. Administrative Draft Tetra Tech will prepare an administrative Draft IS/MND or EIR. This will Document include technical studies 5. Public Review Draft Tetra Tech will respond to City comments on the administrative Draft Document IS/MND or EIR, complete revisions, and prepare and distribute the Draft IS/MND or EIR and the required notices for public review. 6. Administrative Final Tetra Tech will prepare draft responses to all comments received during Document the Draft IS/MND or EIR public review period. Tetra Tech will prepare an administrative Final IS/MND or EIR including any changes, clarifications, or additions to the Draft IS/MND or EIR required in conjunction with the responses to comments. 7. Final Document Tetra Tech will respond to City comments on the administrative Final IS/MND or EIR, complete revisions, and prepare and distribute the Final IS/MND or EIR. 8. Meeting Attendance Tetra Tech will attend a kick-off meeting. Depending on the needs of the project, Tetra Tech will help the City prepare for and conduct public meetings and/or hearings. 9. Mitigation Monitoring Tetra Tech staff will prepare a Mitigation Monitoring and Reporting and Reporting Program Program, as needed. 10. CEQA Notices Tetra Tech will prepare, distribute, and file appropriate notices. 11. CEQA Findings As necessary, Tetra Tech will prepare the. Findings of Fact and Statement of Overriding Considerations. Project Management Tetra Tech has earned an excellent reputation among clients for accomplishing quality work within critical time limits and on budget. Our approach to project management includes consistent communication and feedback and the implementation of a project management plan that consistently tracks tasks, budgets, schedules, and deliverables. We use our proven integrated project schedule tracking process. This process facilitates "critical path" scheduling and provides solutions to attain final deliverable dates should the schedule for any intermediate work element along the critical path slip. We ensure that the team assigned to a project meets the two basic capacity requirements —sufficient number of appropriate and experienced staff and an appropriate mix of qualifications and experience to perform the array of tasks within the scope of work. To maintain established schedules, we use monthly progress reports to identify upcoming critical paths. The progress report is a monthly summary of all critical cost and schedule parameters, including analyses City of San&'jgY Council 9 16 — 37 3/21 /2023TETRA TECH le PROPOSAL FOR On -Call Environmental Services ° RFP NO.: 21-105 of variances that exceed established thresholds and projections for at -completion budgets and cost variances. The Project Management Team will control and monitor the project and will coordinate and maintain regular contact with the City to communicate project status and progress. The Project Management Team will identify and justify any unforeseen proposed schedule changes and will establish internal due dates in advance of deadlines for deliverables to the City; this will provide ample time for internal editorial and technical review. Section E Relevant Project Experience We believe the best reference of our experience is our past and current performance on these featured projects, providing services similar to those required for the On -Call Environmental Services contract. The table below highlights key and relevant tasks we performed on these projects which demonstrates our team's qualifications and specialized expertise. TABLE 2 RELEVANT PROJECT HIGHLIGHTS CLIENT Well 32 Rehabilitation and Pipeline Project Well 12, Well 14, and Pipeline Project Well No. 39 Hydro -generator Unit City of Santa Ana X X Replacement Project CATEX Public Works Agency Cos Angeles County X Public Works City of Rancho X X X r C Adventure Park Multi -Benefit Stormwater Capture Park Project PEIR Addendum Central Park Master Plan Update Revision Project PEIR Central Park Amphitheater Project Santa Ana River Interceptor Line Relocation Project City of Huntington Beach Water Well Project Initial Study Washington Avenue Well Project IS/MND First Street Stabilization Project CATEX 1951 Cohort Pipeline Replacement Project Crown Valley Pipeline Replacements Project IS/MND City of Santa Ana Public Works Agency Mesa Water District Cucamonga City of Rancho Cucamonga Orange County Flood Control District City of Huntington Beach City of Santa Ana Public Works Agency City of Santa Ana Public Works Agency Mesa Water District Moulton Niguel Water District ' U X X ANL 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 City of Sant'dq� Council 10 16 — 38 3/21 /2023TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 Tetra Tech has considerable experience preparing environmental documents for projects under CEQA (as well as NEPA). Table 3 lists specific projects as examples of our recent and completed relevant project experience. Current, on -going relevant projects are presented in Table 4. Project experience for our subconsultant, UltraSystems is shown in Table 5. Well 32 Provided engineering Rehabilitation and design services and Pipeline Project prepared IS/MND and IS/MND and NEPA NEPA documentation documentation. for the rehabilitation of 2801 North existing Well No. 32 and Westwood Avenue, construction of a new Santa Ana, CA above ground well building and 2020 approximately 3,250 linear feet of new pipeline. Well 12, Well 14, Provided engineering and Pipeline Project design services and IS/MND prepared an IS/MND for 4011 W. Chandler two new water supply Avenue and wells and pipelines. 3120 S. Croddy Way, Santa Ana, CA 2019 Well No. 39 Hydro- Prepared a CATEX for generator Unit the replacement of a Replacement Project hydro -generator unit for CATEX the Well 39 building at 2401 N. Bristol the John Garthe Street, Santa Ana, Reservoir and Pump CA Station facility. 2020 City of Santa Ana, Public Works Agency Contact: Armando Fernandez, PE, Senior Civil Engineer Phone: 714.647.5629 Email: Afernandez@santa- ana.org Mesa Water District Contact: Phil Lauri, PE Assistant General Manager Phone: 949.631.1291 Email: phil@mesawater.org City of Santa Ana, Public Works Agency Contact: Armando Fernandez, PE, Senior Civil Engineer Phone: 714.647.5629 Email: Afernandez@santa- ana.org Paula Fell — CEQA Project Manager Derrick Coleman — CEQA Support, Quality Assurance/ Quality Control Amanda Beck — Biological Resources Jenna Farrell — Cultural Resources Erin King — Cultural Resources Kevin Fowler — Noise Chris Hulik — Noise Jeff Harrington — Air Quality/GHG Tiffanie Ramos — Air Quality/ GHG Paula Fell — CEQA Project Manager Derrick Coleman — CEQA Support, Quality Assurance/ Quality Control Jenna Farrell — Cultural Resources Kevin Fowler — Noise Amy Noddings — Biological Resources Paula Fell — CEQA Project Manager Derrick Coleman — CEQA Support, Quality Assurance/ Quality Control City of San&'jga Council 11 16 — 39 3/21 /2023TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 Adventure Park Multi -Benefit Stormwater Capture Park Project PEIR Addendum 10130 S. Gunn Avenue, Whittier, CA 2021 City of Rancho Cucamonga Central Park Master Plan Update Revision Project Program EIR 11200 Base Line Road, Rancho Cucamonga, CA 2021 City of Rancho Cucamonga Central Park Amphitheater Project IS/MND 11200 Base Line Road, Rancho Cucamonga, CA 2019 Santa Ana River Interceptor Line Project Orange County, CA Prepared an Addendum to a PEIR to evaluate the capture, treat, and discharge or reuse of urban runoff and stormwater per rain event from an approximately 6,985- acre drainage area. Preparing Program EIR for a comprehensive Master Plan which defines the development of the undeveloped portions of Central Park, identifying smaller (1.6- to 11-acre), buildable sections. Prepared IS/MND for an approximately 40,000-square foot amphitheater on 11 acres located at the Rancho Cucamonga Central Park. Project was completed under an extremely aggressive schedule in order to facilitate a grant application for funding. Prepared the Supplemental EA and EIR Addendum for the relocation of the Orange County portion of the Los Angeles County Public Works Contact: Grace Komjakraphan, Environmental Engineering Specialist Phone: 626.458.4330 Email: GKomjakraphan@dpw.I acounty.gov City of Rancho Cucamonga, Community Services Department Contact: Jeff Benson, Management Analyst II Phone: 909.774.2106 Email: Jeff. Bensen @cityofrc. us City of Rancho Cucamonga, Community Services Department Contact: Jeff Benson, Management Analyst II Phone: 909.774.2106 Randy Westhaus, P.E. — Program Manager Paula Fell — CEQA Planner Jenna Farrell — Cultural Resources Kevin Fowler - Noise Amy Noddings — Biological Resources Paula Fell — Project Manager Derrick Coleman — CEQA Support, Quality Assurance/Quality Control Amanda Beck — Biological Resources Jenna Farrell — Cultural Resources Kevin Fowler — Noise Chris Hulik — Noise Jeff Harrington — Air Quality/GHG Tiffanie Ramos — Air Quality/ GHG Paula Fell — Project Manager Derrick Coleman — CEQA Support, Quality Assurance/ Quality Control Amanda Beck — Biological Resources Email: Jenna Farrell — Cultural Jeff.Bensen@cityofrc.us I Resources Orange County Flood Control District Contact: Greg Yi Project Manager Kevin Fowler — Noise Chris Hulik — Noise Jeff Harrington — Air Quality/GHG Tiffanie Ramos — Air Quality/ GHG Paula Fell — CEQA/NEPA Planner Derrick Coleman — Water Resources City of Sant"q� Council 12 16 — 40 3/21 /2023TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 2017 City of Huntington Beach, Water Well Project Initial Study Westminster, CA 2017 Washington Avenue Well Project IS/MND 651-657 East Washington Avenue, Santa Ana, CA On -going First Street Stabilization Project CATEX East First Street, Santa Ana, CA On -going Well 12, Well 14, and Pipeline Project Mitigation Support Santa Ana, CA On -going pipeline between Prado Dam and Weir Canyon Road to allow operation of the Santa Ana River Mainstem Project. Prepared an Initial Study for the construction of a new water well and associated pipeline. Providing engineering design services and preparing an IS/MND for the development of a new water well. Preparing a CATEX and backup documentation for improvements to stabilize existing slopes along East First Street. Providing mitigation support for the construction of two new water supply wells and pipelines. Phone: 714.647.3962 Email: Greg.Yi@ocpw.ocgov.or g City of Huntington Beach, Public Works Contact: Andrew Ferrigno, PE, Principal Civil Engineer Phone: 714.536.5291 Email: aferrigno@surf- hb.org City of Santa Ana, Public Works Agency Contact: Armando Fernandez, PE, Senior Civil Engineer Phone: 714.647.5629 Email: Afernandez@santa- ana.org City of Santa Ana Contact: Craig Foster, CPSWQ, QSD/P NPDES Manager Phone: 714.647.5659 Email: Cfoster@santa- ana.org Mesa Water District Contact: Phil Lauri, PE Assistant General Manager Phone: 949.631.1291 Email: phil@mesawater.org Jenna Farrell — Cultural Resources Kevin Fowler — Noise Paula Fell — Project Manager Derrick Coleman — CEQA Planner Kevin Fowler — Noise Jenna Farrell — Cultural Resources Paula Fell — CEQA Task Lead Derrick Coleman — CEQA Support, Quality Assurance/Quality Control Jenna Farrell — Cultural Resources Paula Fell — Project Manager Derrick Coleman — CEQA Support, Quality Assurance/ Quality Control Amanda Beck — Biological Resources Jenna Farrell — Cultural Resources Paula Fell — CEQA Project Manager Jenna Farrell — Cultural Resources Amy Noddings — Biological Resources City of santpjf 6 Council 13 16 — 41 3/21 /2023TETRA TECH 0 PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 1951 Cohort Pipeline Preparing a CATEX Replacement Project and backup Costa Mesa, CA documentation for On -going replacing approximately 22,085 linear feet of existing pipelines and associated service lines, meter boxes, and old "dry barrel" fire hydrants. Crown Valley Providing engineering Pipeline design services and Replacements preparing an IS/MND for Project IS/MND a water and sewer Dana Point and pipeline replacements Laguna Niguel, CA project. On -going Construction Providing mitigation Environmental support for the Monitoring for OC construction a new east - Streetcar Project west double -track Santa Ana and modern streetcar line in Garden Grove, CA Orange County between the Santa Ana Regional On -going Transportation Center in Santa Ana and the Harbor Boulevard/ Westminster Avenue intersection in Garden Grove. OC Loop Segments Preparing CEQA, O, P, and Q Project NEPA, and SER IS/MND, NEPA and requirements for Mesa Water District Contact: Phil Lauri, PE Assistant General Manager Phone: 949.631.1291 Email: phil@mesawater.org Moulton Niguel Water District Contact: Todd Dmytryshyn, PE, District Project Manager Phone: 949.425.3549 Email: TDmytryshyn@mnwd.co m Paula Fell — Project Manager Derrick Coleman — CEQA Support, Quality Assurance/Quality Control Jenna Farrell — Cultural Resources Julia Mates — Historic Resources Paula Fell — Project Manager Derrick Coleman — CEQA Support, Quality Assurance/ Quality Control Amanda Beck — Biological Resources Jenna Farrell — Cultural Resources Kevin Fowler — Noise Chris Hulik — Noise Jeff Harrington — Air Quality/GHG Tiffanie Ramos — Air Quality/GHG PGH Wong Betsy Lindsay — Program Manger' Engineering c/o Michael Rogozen — Project Orange County Manager Senior Principal Transportation Engineer Authority Michelle Tollett — Biology Contact: Guy Nakano, Civil Oscar Perez — Hazardous Engineer Materials Phone: 916.335.9005 Rod Buck — Hazardous Materials Email: Steve O'Neil — Cultural gnakano@pghwong.c Resources om GHD Betsy Lindsay — Program Manger Contact: Bruce Margaret Partridge — Planning Schmith, PE, ENV Hina Gupta — Planning City of santpjU6 Council 14 16 — 42 3/21 /2023TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 Caltrans Standard Environmental Reference (SER) Requirements Orange County, CA On -going City of Commerce Transit Maintenance Facility Project IS/MND, NEPA Categorical Exclusion 5733 Sheila Street, Commerce, CA On -going development of a 2.7-mile Class I Bikeway component of a larger 66-mile regional bikeway corridor called the OC Loop. Preparing CEQA IS/MND and NEPA Categorical Exclusion for a transit maintenance facility that would serve the City's transit fleet. SP, Senior Project I Michael Rogozen — Air Quality, Director GHG Emissions, Noise Phone: 949.585.5274 Michelle Tollett — Biology Email: Steve O'Neil — Cultural and Tribal bruce.schmith@ghd.c Cultural Resources om City of Commerce Contact: Claude McFerguson, Director of Transportation Phone: 323.887.4419 ext. 2235 Email: claudem@ci.commer ce.ca.us Betsy Lindsay — Program Manger Margaret Partridge — Project Manager Hina Gupta — Planning Michael Rogozen — Air Quality, Greenhouse Gas and Noise Michelle Tollett — Biology Steve O'Neil — Cultural Resources Section F References Tetra Tech has provided references for each of the representative projects in Section 1 E, Tables 3, 4, and 5. SECTION 2 SCOPE OF SERVICES AND SCHEDULE The following presents our general technical approach and work plan for environmental services tasks. Project Initiation In preparation for commencement of a project, the Tetra Tech Project Manager will attend a kickoff meeting with the City within five working days of receiving a notice to proceed to coordinate the scope and schedule for completing the document. At or before the kickoff meeting, the Project Manager will gather sufficient details to prepare the description of the proposed project. These details may include: a full set of plans including a site plan; elevations and cross sections; floor plans (if applicable); a detailed grading and drainage plan indicating the limits of ground disturbance and grading volumes (cut, fill, and export/import); landscape plans; and lighting plans. Other project description details may include construction timing and phasing; construction equipment list; any other technical studies prepared for the project; and operation of the project (e.g., associated traffic if known, details special events, etc.). Tetra Tech will develop a draft description of the proposed project and alternatives (if necessary) and will submit it to the City's Project Manager for review and approval. After receipt of City's comments, Tetra Tech will finalize the description of the proposed project and alternatives. Draft Initial Study and Required Technical Studies The analysis of a project's potential environmental impacts will commence with the preparation of an IS. The IS will be prepared according to CEQA requirements and the State CEQA Guidelines (Section 15063). The most recent CEQA Environmental Checklist Form (Appendix G) will be used. Documentation for the review of a project's potential environmental impacts follow a very prescriptive process that requires consideration of 21 separate subject areas. Each of these subject areas must address its own set of City of sant'dtrYa Council 15 16 — 43 3/21 /2023TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 questions designed to cover the potential range of impacts that could be faced. The questions range between 2 and 10 questions for each subject area, and total 93 questions over all subject areas. I. Aesthetics II. Agriculture/Forestry Resources III. Air Quality IV. Biological Resources V. Cultural Resources VI. Energy VII. Geology/Soils VIII. Greenhouse Gas (GHG) Emissions IX. Hazards/Hazardous Materials X. Hydrology/Water Quality XI. Land Use/Planning XII. Mineral Resources XIII. Noise XIV. Population/Housing XV. Public Services XVI. Recreation XVII. Transportation XVIII. Tribal Cultural Resources XIX. Utilities/Service Systems XX. Wildfire XXI. Mandatory Findings of Significance The preparation of an IS checklist includes completing all questions of the checklist with a written response to, or evaluation of, the impacts considered by the questions for each subject area. The responses provided in the IS will rely on information provided in separate technical studies prepared for the proposed action, or other existing documentation applicable to the specific subject area. Generally, many questions will not require an extensive or detailed discussion to provide appropriate scoring. However, it is our experience that several subject areas usually require more extensive responses to the questions. These include some combination of Air Quality/GHG, Cultural Resources, Noise, and Transportation; and, in many cases can also extend to Aesthetics, Biology, Geology, and Hydrology. Technical Studies Aesthetic Resources. Conducting an objective, thorough, and well -illustrated visual resource assessment is often a critical component of both public relations efforts and environmental review. It is a useful tool to assist the public in understanding what a project will look like when placed in the environment. Tetra Tech provides state-of-the-art visual impact studies that meet the technical and procedural needs of permitting authorities, illustrating to stakeholders how the project would appear and from which angles it would be visible. Our team is experienced with determining key observation points and providing analyses to address concerns of sensitive viewers while meeting CEQA requirements. In addition, Tetra Tech has extensive experience developing scientifically defensible photo simulations using project photography, GIS, 3D graphic design software, and visual simulation expertise. Air Quality Study/Greenhouse Gas Assessment. Air assessments can address criteria pollutants, air toxic emissions, climate change impacts (GHG), and health risks relative to project activities. Both the construction and operation phases of projects can produce emissions of criteria pollutants which must be evaluated, and time -phased quantities compared to allowable limits established by the governing air quality management district for the project location. Tetra Tech is a leading provider of air quality services. Company expertise includes the following services: air emissions impact assessments, air monitoring and sampling, dispersion modeling and health risk assessments, GHG emissions inventory and certification, permit application, regulatory analysis and support, stationary and mobile source testing, and technical evaluation and demonstration of advanced control technologies. Biological Resources Assessment. Botanical and wildlife species are commonly among the most important resources evaluated under CEQA. Certainly, the presence of plants and animals on federal or state Threatened or Endangered species lists will require even more intense review. Concern over potential impacts to biological resources is often the basis for legal action which can cause project delays or even cancellations. Therefore, it is critically important that all potentially important or significant species associated with a project site or region are identified early, are evaluated using appropriate survey protocols, and data are collected with methods designed to preserve accuracy and detail. Tetra Tech's City of SantpjUU Council 16 16 — 44 3/21 /2023TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 team can provide standard field survey capabilities and special status species expertise that can be applied to terrestrial plants and animals, wetlands areas, and avian species considerations. Cultural Resources Study/Historical Resources Assessment. The Tetra Tech Team includes experienced cultural resource managers with training in Anthropology and Archaeology, and experience in community outreach, including outreach to Native American Tribes. Tetra Tech's archaeologists and architectural historians have the national and regional expertise and experience to perform literature and record reviews, conduct pedestrian and intensive surveys to identify and evaluate historic and prehistoric properties. Our cultural resources staff exceed the Secretary of the Interior's Standard Qualifications for History, Architectural History, and Archaeology, allowing us to provide archaeological and historic architectural studies and reporting. Tetra Tech staff have also conducted site evaluations and, nominations and monitoring following California Register of Historical Resources and National Register of Historic Places criteria and guidelines. Tetra Tech has extensive experience working with the California State Historic Preservation Office, conducting Tribal consultation, and experience with Section 106 of the National Historic Preservation Act in conjunction with CEQA. Hazards/Hazardous Materials/Environmental Site Assessments. A Phase I Environmental Site Assessment (ESA) is a "due diligence" process, which identifies hazardous and potentially hazardous conditions in and/or adjacent to the site. ESAs consist of record reviews and property research activities and may include sampling of building materials. ESAs provide important information regarding property value, liability issues, and redevelopment constraints. If recognized environmental conditions or known environmental impairments are identified, a Phase II ESA may be conducted to determine the potential nature and extent of contamination. Our ESAs consistently meet or exceed current American Standard Test Method standards, agency requirements, and client expectations. Our services include: Phase I and II ESAs, Resource Conservation and Recovery Act/Comprehensive Environmental Response, Compensation, and Liability Act investigations, underground storage tank investigations, sediment/water quality analysis, hazardous materials/hazardous waste assessment, health risk assessment, impact assessments, soil and groundwater sampling, pilot testing and full-scale remediation. Geology/Soils/Minerals Studies. Evaluating the possibility that a project could create unstable conditions, or that the location of a project could elevate specific hazardous conditions for the completed development (particularly if structures are involved) are among the effects considered by a geologic evaluation. Local topography, proposed project grading, soil compaction requirements, and erosion potential all must be considered to evaluate how a project might impact local geology and soils. The availability of mineral resources in the project area must be determined to evaluate how a project might impact access to these resources. Proximity to fault zones, areas with high liquefaction potential, and the prevalence of expansive soils (containing certain clay types) all affect the potential that the local geology and soils could exacerbate hazards for a project. Tetra Tech geologists and engineers are expert in evaluating and describing these local conditions and can evaluate the ways in which geology, soils and mineral resources could impact, or be impacted by, a project. Tetra Tech has broad experience with geotechnical projects ranging from geotechnical investigation and materials testing to foundation design. Hydrology/Water Quality Study. Water issues are of paramount consideration in southern California, and CEQA assessment requires that both water quality and water supply (particularly relative to groundwater) issues are evaluated. Tetra Tech is a leader in water analysis from an engineering perspective and from an environmental perspective. We have experts in water supply engineering (including groundwater extraction and water infrastructure design) and environmental evaluations. Tetra Tech can provide technical studies to evaluate and provide clear and concise assessments of any aspect of potential environmental effects from almost any imaginable project. Noise Impact Study. Tetra Tech can evaluate and calculate noise and vibration levels expected during the construction and operation phases of a project. Construction noise impact evaluations consider the City of santpjUr Council 17 16 — 45 3/21 /2023TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 construction activity, type of equipment to be used, equipment operational time, and the expected levels of equipment noise and vibration. Operation noise impact evaluations consider noise generating operation activities, including those associated with increases in traffic. The calculations are used to evaluate noise and vibration levels for any identified sensitive receptors at their specific locations. Tetra Tech also evaluates the noise impacts from the proposed project in accordance with the local (and applicable) noise ordinance. Utility Studies/Sewer Studies/Water Supply Assessment. Tetra Tech has supported various cities and water agencies throughout Orange County on Utility/Sewer Studies and Water Supply Assessments including Santa Ana, Huntington Beach, Orange, Anaheim, Tustin, Newport Beach, Mesa Water District, South Orange County Wastewater Authority, Irvine Ranch Water District, and Moulton Niguel Water District. These services include the preparation of Water and Wastewater Master Plans and studies/analyses in support of infrastructure design projects. Transportation. One of the primary ways a project causes impacts is through additional vehicular traffic during the construction phase or during the operation phase (after construction). Therefore, the various project components, such as parking supply, vehicular access, and project operation activities are all important. Tetra Tech can tailor a transportation technical study to the proposed project, considering both its construction requirements and anticipated operational activities in the context of its proposed location. On -call Staff Consulting Tetra Tech can provide the on -call specialized expertise and the depth of resources necessary to support the City in quickly resolving environmental and technical issues and challenges. Draft Environmental Document Level of Documentation. If the screencheck draft IS identifies no potentially significant impacts, then a Public Draft ND will be released to the public. If the screencheck draft IS identifies potentially significant impacts that can be reduced to less than significant levels with implementation of mitigation measures (in addition to the Best Management Practices), then a Public Draft MND will be released to the public. Should the IS identify potentially significant impacts that cannot be fully reduced to less than significant levels through the implementation of mitigation measures, or should the City reject the acceptance of any mitigation measures, then significant residual impacts will occur and preparation of an EIR will be necessary. Notices: Tetra Tech will prepare, as appropriate, the notices for the ND, MND, or EIR. A Notice of Intent and a Notice of Completion (NOC) will be prepared for the Public Draft ND or MND. After the Final ND or MND has been certified by the Lead Agency, a Notice of Determination (NOD) will be prepared. Prior to the preparation of the Draft EIR, a Notice of Preparation will be prepared to serve as a scoping document for the project. When the Public Draft EIR is ready for publication, a Notice of Availability (NOA) and a NOC will be prepared. A NOA and a NOC will also be prepared for the Public Final EIR, when that document if ready for publication. After the Final EIR has been certified by the Lead Agency, a NOD will be prepared. Mitigation Monitoring and Reporting Program._When mitigation measures are required, the Final IS/MND or EIR will contain a Mitigation, Monitoring, and Reporting Program as an appendix that will be revised with each version of the document. Document and Notice Production and Circulation: Tetra Tech will support the City in developing a mailing list for circulation of the public document. Tetra Tech has full in-house capabilities to produce the large number of documents potentially required to circulate the Public Draft documents, including the ability to produce large quantities of compact discs. Tetra Tech can provide full support in noticing for a public City of SantpjU► Councl1 18 16 — 46 3/21 /2023TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 document including, as appropriate, publication of notices in the newspaper, and posting of notices with the County Clerk and the State Clearinghouse. Public Involvement/Outreach:-Public involvement is a critical component of the CEQA process. We develop thoughtful public involvement programs, compile mailing lists, prepare public notices, distribute review documents, prepare outreach materials, develop web sites, and organize and facilitate public meetings. Tetra Tech has extensive experience facilitating public meetings for scoping and draft document hearings including preparing and conducting presentations. Final Environmental Document: Upon receipt of public comments on the draft public document, Tetra Tech will organize and bracket each comment for easy review by the City. Tetra Tech will meet with the City to discuss the appropriate response to substantive comments. Tetra Tech will provide a draft response to each comment in a response to comments table and will incorporate text changes into an administrative final document, where necessary, in strikeout/double underline format for easy review. Tetra Tech will provide the response to comments table and administrative final document to the City for review and comment. Comments on the administrative final document will be incorporated into a screencheck final document. Upon final decision -maker action on the final document, Tetra Tech will prepare a Final ND, MND, or EIR documenting any changes to the document. If Statements of Overriding Consideration and Findings of Fact are required for a project, Tetra Tech can prepare a draft version of this document for review and comment. NEPA Documents A NEPA document would be required if there is a federal nexus such as federal funding provided for a project. During project kick-off, Tetra Tech will meet with the City to determine if a NEPA document is required, and if so, at what level. The types of NEPA documents that may be needed include: Categorical Exclusion, EA/Finding of No Significant Impact, or EIS/Record of Decision. Below is a summary of the general tasks to be completed for an EA or EIS, in conjunction with the appropriate CEQA document: ■ Conduct project startup ■ Set up administrative record database ■ Initial coordination with the City and NEPA Lead Agency ■ Prepare project description, purpose, need, and alternatives ■ Prepare Notice of Intent ■ Conduct scoping meeting/public workshops, as needed ■ Prepare Draft EA or EIS ■ Analyze project action and alternatives ■ Prepare other required sections ■ Submit screencheck Draft EA or EIS for review ■ Prepare public review Draft EA or EIS ■ Conduct scoping meeting/public workshops, as needed ■ Prepare Final EA/Finding of No Significant Impact or Final EIS/Record of Decision ■ Complete and finalize administrative record Attendance at Meetings Tetra Tech keeps clients updated on project activities through conference calls and e-mail messages. Depending on the scope of each task assignment, the frequency of project coordination calls and meetings and the preferred method of communication between management and resource staff may vary. Specific City of SantpjU► Councl1 19 16 — 47 3/21 /2023TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 project communication may include: kick-off and coordination meetings; status meetings and teleconferences between the City and the Tetra Tech team; attending and assisting the City at City Council meetings, and with appropriate regulatory agencies, as necessary. Estimated Schedule Below are example schedules for preparing either an IS/MND or an EIR. This schedule does not include review by City Staff. Those review times will be included in the schedule during project initiation. Project Initiation Prepare Project Description 1 week 1 week Prepare Administrative IS/MND 8 weeks Prepare Public IS/MND 2 weeks 4 weeks 30-Day Review Period Prepare Final IS/MND 4 weeks 1 Note: When feasible, undertaking of tasks overlap, shortening the overall schedule. Project Initiation 1 week Prepare Project Description 1 week Notice of Preparation/Scoping Meeting/ 6 weeks Notice Period Prepare Administrative Draft EIR 8 weeks Prepare Draft EIR 4 weeks Public Review Period/Prepare 8 weeks Administrative Final EIR Prepare Final PEIR/CEQA Findings 4 weeks 1 Note: When feasible, undertaking of tasks overlap, shortening the overall schedule. City of San&'jgY Council 20 16 — 48 3/21 /2023TETRA TECH PROPOSAL FOR On -Call Environmental Services RFP NO.: 21-105 APPENDIX B CERTIFICATIONS City of Santpj Cound1 16 - 49 3/21 /2023TETRA TECH Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS LION -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF S.4NTA AMA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of. or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix tine bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true-. and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization. bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Sipimg this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautiolied that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of 0 f W Cc�,�er Subscribed and sworn to (or affirmed) before me on this 20 day of 20 Z( bN Q(I L PejWer proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. fvi,- Wei Notary Public Signature Notary Public Seal u ryr PARKER ALCHANATI: COMM # 2352652 Z m _ Los Angeles County `Z California Notary publi 1FO a«P Comm.l=xp Mar:22,_202si City of Santa Ana RFP Page A3-1 City Council 16 – 50 3/21 /2023 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or %vill 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. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loaht, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying ActiNities'. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Finn Signe Title for Ems.-- Date tn�'#►1 �. City of Santa Ana RFP Page A3-2 City Council 16 – 51 3/21 /2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of S 0 rCA f) g2 On Q C �0 kr Z--3,, 2--.? L before me, Parker Alchanati, Notary Public, personally appeared Car I Lej) li who prov d to me on the basis of satisfactory evidence to be the person(s) whose me(s)�are subscribed to the w'thin instrument and acknowledged to me that %Sler/their e/they executed the same in zi her/their authorized capacity(ies), and that by signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my and and official seal. "41-/ 2V&"� Signature of Notary Public ° ry PARKER ALCHANATI: uKu COMM ## 2352652'zj ji Los Angeies County i r ` * California Notary Puhli C�(,�p Comm Exp Mar. 22, 2025 Name of Document: Document Date: Number of Pages: Number of Signatures Notarized (circle): 1 2 3 4 Other: Copyright 2ff21. Notaryhas permission to copy this form during the term of their commssion. City Council 16 – 52 3/21 /2023 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersi6med 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 folloxving- employment, upgrading. demotion, or transfer: recruitment or recruitment advertising: layoff or termination; rates of pay or other forms of compensation: and selection for training. including apprenticeship. The Consultant agrees to post in conspicuous places. available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2 The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that at( 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 htshe 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 hisiher books. records, and accounts by the administering agency and die 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 riles, regulations, or orders, the connet may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in even, subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 City Council 16 – 53 3/21 /2023 by rules, regulations. or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order ] 1246 of September 24, 1965. so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency. the Consultant may request that the United States enter into such litigation to protect the interests of the United States, 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national oripin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and an} consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: I� T Title: e Q, Firm: Date: wh4j; City of Santa Ana RFP Page A34 City Council 16 – 54 3/21 /2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of O W 9 2. On 0C,�O 19e( 20, 0 z i before me, Parker Alchanati, Notary Public, personally appeared CGc � Ler, r who proved to me on the basis of satisfactory evidence to be the person(s) whose me(s) oiare subscribed to the within instrument and acknowledged to me that she/they executed the same in l j/her/their authorized capacity(ies), and that by her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Lm� aw4t;t Signature of Notary Public ............ PARKER ALCHANATI: COMM # 2352652'Xj ILos Angeles County *'California Notary Publi j cgOF0 d`P Comm Exp Mar. 2.2, 2025 Name of Document: Document Date: Number of Pages: Number of Signatures Notarized (circle): 1 2 3 4 Other: Copyright 2021. Notary has permission to copy this form rludng the term of their commssion. City Council 16 – 55 3/21 /2023 EXHIBIT C CONSULTANT'S FEE & COSTS PROPOSAL City Councilpap: Goa? 16 — 56 3/21/2023 TETRA TECH, INC. SCHEDULE OF HOURLY RATES CLASSIFICATION Eng/Sci/Planner Technician 1 $35.00 Eng/Sci/Planner Technician 11 $45.00 Eng/Sci/Planner Technician 111 $53.00 Eng/Sci/Planner Technician IV $63.00 Eng/Sci/Planner Staff 1 $70.00 Eng/Sci/Planner Staff II $80.00 Eng/Sci/Planner Staff III $90.00 Eng/Sci/Planner Staff IV $100.00 Eng/Sci/Planner Staff V $110.00 Eng/Sci/Planner Staff VI $120.00 Eng/Sci/Planner Staff VI $130.00 Eng/Sci/Planner Staff VIII $140.00 Eng/Sci/Planner Senior Staff 1 $150.00 Eng/Sci/Planner Senior Staff 11 $160.00 Eng/Sci/Planner Senior Staff 111 $170.00 Eng/Sci/Planner Senior Staff IV $180.00 Eng/Sci/Planner Manager 1 $190.00 Eng/Sci/Planner Manager II $199.00 rSeniorsultant I $215.00 sultant II $230.00 sultant 111 $245.00 Principal 1 $260.00 Principal II $275.00 Principal 111 $290.00 GIS Designers / Drafters GIS / Design Staff 1 $70.00 GIS / Design Staff 11 $82.00 GIS / Design Staff 111 $97.00 GIS / Design Staff IV $110.00 GIS / Design Staff V $120.00 GIS / Design Staff VI $135.00 GIS / Design Manager 1 $150.00 SupportFinancial Project Support Services 1 $63.00 Project Support Services II $72.00 Project Support Services 111 $86.00 Project Support Services IV $97.00 Project Support Services V $107.00 Project Support Services VI $118.00 Project Support Services VII $130.00 Project Support Services VIII $142.00 Project Support Services Manager 1 $155.00 Project Support Services Manager II $169.00 Rates are good through 2021 only and are subject to annual escalation thereafter. Rates include direct labor, overhead, G&A, and fee. Expert Witness Testimony will be charged at standard rates plus 25% All other direct costs and subcontract costs will be charged at cost plus 10% . City Council 16 - 57 3/21/2023 Appendix ATTACHMENT 4 CALTRANS ATTACHMENTS Please see below City Council City of Santa Ana FIIEP-2,5875 3/21 /2023 Page A4-1 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 1 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant Tetra Tech, Inc. ❑X Prime Consultant ❑ Subconsultant ❑ 2' Tier Subconsultant Project No. _RFP-21-105 Contract No. Participation Amount $_2,000,000.00 Date _01/12/2023 For Combined Rate For Home Office Rate For Field Office Rate Overhead % x General & Administrative % = Combined ICR% OR 158.15 % x 5.58 % = 172.55% 71.07 % x 5.58 % = 80.62% BILLING INFORMATION Fee = 10% CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing RateS2 Effective Date of Hourly Rate Actual or % or $ Hourly Range - Straight3 OT(1.5x) OT(2x) From To Avg. Hourly Increase for Classifications Only Rate Paula Fell - Senior Project Manager * $142.51 $181.97 $221.42 01/01/2023 12/31/2023 $71.73 Not Applicable Principal Engineer/Scientist/Tech $150.48 $192.14 $233.80 01/01/2024 12/31/2024 $75.74 5.6% Specialist $156.07 $199.29 $242.49 01/01/2025 12/31/2025 $78.56 3.7% Mike Koester - Operations Director* $317.13 $0.00 $0.00 01/01/2023 12/31/2023 $105.78 Not Applicable Manager Engineering Discipline $334.86 $0.00 $0.00 01/01/2024 12/31/2024 $111.69 5.6% $347.31 $0.00 $0.00 01/01/2025 12/31/2025 $115.85 3.7% Randy Westhaus - Director* $260.95 $0.00 $0.00 01/01/2023 12/31/2023 $87.04 Not Applicable Senior Consultant I $275.54 $0.00 $0.00 01/01/2024 12/31/2024 $91.91 5.6% $285.79 $0.00 $0.00 01/01/2025 12/31/2025 $95.32 3.7% Derrick Coleman, PhD - Senior $146.13 $186.58 $227.04 01/01/2023 12/31/2023 $73.55 Not Applicable Project Manager* $154.30 $197.01 $239.73 01/01/2024 12/31/2024 $77.66 5.6% Principal Engineer/Scientist/Tech $160.04 $204.34 $248.65 01/01/2025 12/31/2025 $80.55 3.7% Specialist Connie Farmer - Senior Project $220.51 $260.96 $301.41 01/01/2023 12/31/2023 $73.55 Not Applicable Manager * 1 $232.84 $275.55 $318.26 01/01/2024 1 12/31/2024 $77.66 5.6% City Council 16 - 59 3/21 /2QTzary 2020 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal Principal Engineer/Scientist/Tech $241.50 $285.80 $330.10 01/01/2025 12/31/2025 $80.55 3.7% Specialist Jenna Farrell - Archaeologist* $140.58 $0.00 $0.00 01/01/2023 12/31/2023 $46.89 Not Applicable Associate Engineer/Scientist/Tech $148.44 $0.00 $0.00 01/01/2024 12/31/2024 $49.51 5.6% Specialist $153.96 $0.00 $0.00 01/01/2025 12/31/2025 $51.35 3.7% Julia Mates - Senior Historian* $142.71 $0.00 $0.00 01/01/2023 12/31/2023 $47.60 Not Applicable Professional Services $150.69 $0.00 $0.00 01/01/2024 12/31/2024 $50.26 5.6% $156.29 $0.00 $0.00 01/01/2025 12/31/2025 $52.13 3.7% Erin King -Archaeologist* $146.93 $0.00 $0.00 01/01/2023 12/31/2023 $49.01 Not Applicable Engineer/Scientist/Tech Specialist $155.14 $0.00 $0.00 01/01/2024 12/31/2024 $51.75 5.6% $160.91 $0.00 $0.00 01/01/2025 12/31/2025 $53.67 3.7% Michelle Bates - Principal Biologist* $227.40 $0.00 $0.00 01/01/2023 12/31/2023 $75.85 Not Applicable Engineer/Scientist/Tech Specialist $240.11 $0.00 $0.00 01/01/2024 12/31/2024 $80.09 5.6% $249.04 $0.00 $0.00 01/01/2025 12/31/2025 $83.07 3.7% Amy Noddings - Senior Biologist* $158.30 $0.00 $0.00 01/01/2023 12/31/2023 $52.80 Not Applicable Planner $167.15 $0.00 $0.00 01/01/2024 12/31/2024 $55.75 5.6% $173.37 $0.00 $0.00 01/01/2025 12/31/2025 $57.83 3.7% AmandaBeck- Biologist* $99.34 $126.84 $154.34 01/01/2023 12/31/2023 $50.00 Not Applicable Engineer/Scientist/Tech Specialist $104.89 $133.93 $162.97 01/01/2024 12/31/2024 $52.80 5.6% $108.80 $138.91 $169.03 01/01/2025 12/31/2025 $54.76 3.7% Jeffery Harrington - C&E Program $252.02 $0.00 $0.00 01/01/2023 12/31/2023 $84.06 Not Applicable Manager* $266.11 $0.00 $0.00 01/01/2024 12/31/2024 $88.76 5.6% Principal Engineer/Scientist/Tech $276.01 $0.00 $0.00 01/01/2025 12/31/2025 $92.06 3.7% Specialist Tiffanie Ramos - Environmental $154.19 $0.00 $0.00 01/01/2023 12/31/2023 $51.43 Not Applicable Engineer* $162.81 $0.00 $0.00 01/01/2024 12/31/2024 $54.30 5.6% Senior Engineer/Scientist/Tech $168.87 $0.00 $0.00 01/01/2025 12/31/2025 $56.33 3.7% Specialist Jay Neuhaus - Project $229.53 $0.00 $0.00 01/01/2023 12/31/2023 $76.56 Not Applicable Manager/Principal* $242.36 $0.00 $0.00 01/01/2024 12/31/2024 $80.84 5.6% Principal Engineer/Scientist/Tech $251.38 $0.00 $0.00 01/01/2025 12/31/2025 $83.85 3.7% Specialist Carl Lenker, PE - Senior Project $240.71 $0.00 $0.00 01/01/2023 12/31/2023 $80.29 Not Applicable Environmental Engineer* $254.17 $0.00 $0.00 01/01/2024 12/31/2024 $84.78 5.6% Principal Engineer/Scientist/Tech $263.62 $0.00 $0.00 01/01/2025 12/31/2025 $87.93 3.7% Specialist Lindsay Southerland - Project $148.46 $0.00 $0.00 01/01/2023 12/31/2023 $49.52 Not Applicable Manager, Public Outreach* $156.76 $0.00 $0.00 01/01/2024 12/31/2024 $52.29 5.6% Senior Engineer/Scientist/Tech $162.59 $0.00 $0.00 01/01/2025 12/31/2025 $54.23 3.7% Specialist City Council 16 - 60 3/21 /2QTzary 2020 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal Max Pivonka - Environmental $86.49 $0.00 $0.00 01/01/2023 12/31/2023 $28.85 Not Applicable Scientist* $91.32 $0.00 $0.00 01/01/2024 12/31/2024 $30.46 5.6% Assistant Engineer/Scientist/Tech $94.72 $0.00 $0.00 01/01/2025 12/31/2025 $31.60 3.7% Specialist Neha Gajjar, PE - Project Manager* $286.82 $0.00 $0.00 01/01/2023 12/31/2023 $95.67 Not Applicable Project Manager $302.85 $0.00 $0.00 01/01/2024 12/31/2024 $101.02 5.6% $314.12 $0.00 $0.00 01/01/2025 12/31/2025 $104.78 3.7% Laurence Esguerra, PE - Project $240.71 $0.00 $0.00 01/01/2023 12/31/2023 $80.29 Not Applicable Manager* $254.17 $0.00 $0.00 01/01/2024 12/31/2024 $84.78 5.6% Project Manager $263.62 $0.00 $0.00 01/01/2025 12/31/2025 $87.93 3.7% Erica Jenkins - Design Engineer* $174.26 $0.00 $0.00 01/01/2023 12/31/2023 $58.13 Not Applicable Engineer/Scientist/Tech Specialist $184.00 $0.00 $0.00 01/01/2024 12/31/2024 $61.37 5.6% $190.85 $0.00 $0.00 01/01/2025 12/31/2025 $63.66 3.7% Perry Patton - Principal Civil $207.94 $0.00 $0.00 01/01/2023 12/31/2023 $69.36 Not Applicable Engineer* $219.56 $0.00 $0.00 01/01/2024 12/31/2024 $73.24 5.6% Principal Engineer/Scientist/Tech $227.73 $0.00 $0.00 01/01/2025 12/31/2025 $75.96 3.7% Specialist Drew Timmis - Sci. Biologist I* $83.74 $0.00 $0.00 01/01/2023 12/31/2023 $27.93 Not Applicable Associate Engineer/Scientist/Tech $88.42 $0.00 $0.00 01/01/2024 12/31/2024 $29.49 5.6% Specialist $91.71 $0.00 $0.00 01/01/2025 12/31/2025 $30.59 3.7% Kevin Fowler - Senior Acoustic $216.31 $0.00 $0.00 01/01/2023 12/31/2023 $72.15 Not Applicable Engineer* $228.40 $0.00 $0.00 01/01/2024 12/31/2024 $76.18 5.6% Principal Engineer/Scientist/Tech $236.90 $0.00 $0.00 01/01/2025 12/31/2025 $79.02 3.7% Specialist Chris Hulik - Acoustic Scientist* $138.96 $0.00 $0.00 01/01/2023 12/31/2023 $46.35 Not Applicable Engineer/Scientist/Tech Specialist $146.73 $0.00 $0.00 01/01/2024 12/31/2024 $48.94 5.6% $152.19 $0.00 $0.00 01/01/2025 12/31/2025 $50.76 3.7% Chris Noddings - Senior Engineer* $169.36 $0.00 $0.00 01/01/2023 12/31/2023 $56.49 Not Applicable Project Manager $178.83 $0.00 $0.00 01/01/2024 12/31/2024 $59.65 5.6% $185.48 $0.00 $0.00 01/01/2025 12/31/2025 $61.87 3.7% Adrian Lee, PE - Design Engineer* $139.80 $0.00 $0.00 01/01/2023 12/31/2023 $46.63 Not Applicable Engineer/Scientist/Tech Specialist $147.61 $0.00 $0.00 01/01/2024 12/31/2024 $49.24 5.6% $153.11 $0.00 $0.00 01/01/2025 12/31/2025 $51.07 3.7% Joe Harrison - Senior Engineer* $149.96 $0.00 $0.00 01/01/2023 12/31/2023 $50.02 Not Applicable Planner $158.34 $0.00 $0.00 01/01/2024 12/31/2024 $52.82 5.6% $164.23 $0.00 $0.00 01/01/2025 1 12/31/2025 $54.78 3.7% (Add pages as necessary) NOTES: 1. Key personnel must be marked with an asterisk(*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. City Council 16 - 61 3/21 /2QTzary 2020 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. 5. Rates above are good through 2025 and are subject to annual escalation thereafter. EXHIBIT 10-112 COST PROPOSAL Page 2 of SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Tetra Tech, Inc. ® Prime Consultant ❑ Subconsultant Project No. _RFP 21-105 Contract No. Date 01/12/2023 SCHEDULE OF OTHER DIRECT COST ITEMS Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs 0.665 $ $ TBD Equipment Rental and Supplies TBD $ $ TBD Permit Fees TBD $ $ TBD Plan Sheets TBD $ $ TBD Test TBD $ $ TBD Vehicle TBD $ $ TBD Subconsultant 1: UltraS stems $ TBD Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ Subconsultant 5: $ Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. City Council 16 — 62 3/21 /2QRJa y 2020 r Local Assistance Procedures Manual EXHIBIT 10-H2 9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. 11. Subconsultants must provide their own cost proposals. Cost Proposal City Council 16 — 63 3/21 /2Q? ar 5 of 0 y 202 Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 -Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Signature Email: Address: Title *: Date of Certification (mm/dd/yyyy): Phone Number: * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: CityCouncil 16 — 64 3/21 /2 ar 6 of 6J��ary 2020 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description: On Call Environmental Services 4. Project Location: City of Santa Ana 5. Consultant's Name: Tetra Tech, Inc. 8. Total Dollar Amount for ALL Subconsultants: 2. Contract DBE Goal: 8.00% 6. Prime Certified DBE: V 7. Total Contract Award Amount: $950,000.00 $ 76,000.00 9. Total Number of ALL Subconsultants: 1 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Air Quality, Greenhouse Gas, Noise, Biological Resources, and Cultural 25485 UltraSystems Environmental Inc., Betsy Lindsay, 949-788-4900, $ 76,000.01 Local Agency to Complete this Section $ 76,000.01 20. Local Agency Contract Kh-k- 14. TOTAL CLAIMED DBE PARTICIPATION 8.00 21. Federal -Aid Project Number: 22. Contract Execution nary Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 1/12/2023 23. Local Agency Representative's Signature 24. Date im 16. Date Mike Koester, CHMM, REP 303.291.6265 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Vice President 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original — Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. City Council 16-65 Page 1 of 2 3/21 /202guly 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. City Council 16-66 Page 2 of 2 3/21 /202guly 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description: On -Call Engineering Services 4. Project Location: City of Santa Ana 5. Consultant's Name: UltraSystems Environmental 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: $950,000.00 8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants: 2. Contract DBE Goal: 8% 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Environmental Consulting Services 25485 Betsy A. Lindsay $76,000 Local Agency to Complete this Section $ $76,000 20. Local Agency Contract KI-1 -'' 14. TOTAL CLAIMED DBE PARTICIPATION 21. Federal -Aid Project Number: 22. Contract Execution 8 nntP- Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. UJ 1 /9/2023 23. Local Agency Representative's Signature 24. Date 15. Prep rer's Signature v 16. Date Betsy A. Lindsay 949/788-4900 x: 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone President/CEO 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original — Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. City Council 16-67 Page 1 of 2 3/21 /202guly 21, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. City Council M.W.N. Page 2 of 2 3/21 /202guly 23, 2015 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description: On Call Environmental Services 4. Project Location: City of Santa Ana 5. Consultant's Name: Tetra Tech, Inc. 2. Contract DBE Goal: 8.00% 6. Prime Certified DBE: ❑ 7. Description of Work, Service, or Materials 8. DBE Certification 9. DBE Contact Information 10. DBE % Supplied Number On -Call Environmental Services NA NA 0.00 Air Quality, Greenhouse Gas, Noise, Biological 25485 Betsy Lindsay, 949-788-4900, 8.00 Resources, and Cultural Resources Studies. blindsay@ultrasystems.com Local Agency to Complete this Section 17. Local Agency Contract Number: 11. TOTAL CLAIMED DBE PARTICIPATION 8.00 18. Federal -Aid Project Number: 19. Proposed Contract Execution Date: 20. Consultant's Ranking after Evaluation: IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on re g Written--. n of each listed DBE is this form is complete and accurate. re, _� �� NSA j 10/20/2021 • 1 13. Date Mike Koester, CHMM, REP 303.291.6265 14. Preparer's Name 15. Phone Vice President 16. Preparer's Title DISTRIBUTION: Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. LPP 18-01 City Council Page 1 of 2 3/21 /20-Aanuary 2019 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description: On -Call Environmental Services 4. Project Location: TBD 5. Consultant's Name: U1traSystems Environmental Inc. 2. Contract DBE Goal: 8% 6. Prime Certified DBE: z 7. Description of Work, Service, or Materials 8. DBE Certification 9. DBE Contact Information 10. DBE % Supplied Number Environmental Consulting Services 25485 Betsy A. Lindsay, President/CEO 949-788-4900 x227 Local Agency to Complete this Section 17. Local Agency Contract Number: 11. TOTAL CLAIMED DBE PARTICIPATION 18. Federal -Aid Project Number: 19. Proposed Contract Execution Date: 20. Consultant's Ranking after Evaluation: IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate. required. 112-4 4_ 10/05/2021 _ 12. , , �Na, ., . ,,,y„a, ., 13. Date Betsy A. Lindsay 949-788-4900 x227 14. Preparer's Name 15. Phone President/CEO 16. Preparer's Title DISTRIBUTION: Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. LPP 18-01 City Council 16-70 Page 1 of 2 3/21 /202,nuary 2019 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL SERVICES THIS AGREEMENT is made and entered into this 21 st day of March, 2023 by and between, Dudek ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 23, 2021 the City issued a Request for Proposal ("RFP") No. 21-105, by which it desired to retain a consultant having special skill and knowledge in the field of Environmental Services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 21-105. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 21-105, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 21-105 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 21-105. The total compensation for services provided by all consultants selected under RFP 21-105 shall not exceed the shared aggregate amount of $950,000.00 during the term of this Agreement, including any extension periods as set forth in Section 4, below. City Council ``` 16 — 71 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. C. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. City Council 16 — 72 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. M. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. ❑. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. P. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the projects). r. This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject City Council `` ' 16 — 73 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 to any additional restrictions, limitations, conditions, or any statute enacted by Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on March 21, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on March 20, 2026, unless terminated earlier in accordance with Section 21, below. The term of this Agreement may be extended for up to two (2), 1-year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this City Council 16 — 74 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the tern of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. 6. 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. 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. City Council 16 — 75 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 S. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) 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 $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. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code S (hired) and 9 (non -owned), with Iimit no less than $1,000,000 per accident for bodily injury and property damage. (iii) 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. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) 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 Consultant. Any available insurance proceeds in excess of the specified mininmurn limits of insurance and coverage shall be available to the Entity. b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) 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 City Council 016 — 76 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 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). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage 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 Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv)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. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the 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 Entity. (vi)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. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. City Council `` 16 — 77 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 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 contract work. (vii0 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 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. (ix) 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. (x) 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. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section City Council 16 — 78 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City's defense costs to the extent such costs are incurred as a result of Consultant's negligence, recklessness or willful misconduct. 10. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. 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 City Council Page 9 16 — 79 3/21 /2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. C. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. 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: Jennifer L. Hall Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 City Council 16 — 80 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Nabil Saba Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Sox 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Joseph Monaco President & CEO Dudek 27372 Calle Arroyo San Juan Capistrano, CA 92675 Fax: 949.450.2525 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. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 18. SUBCONTRACTING a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts City Council 16 — 81 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. C. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. e. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. City Council 16 — 82 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 20. 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. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. 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. 23. 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. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, City CouncilUp I 'l6 — 83 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Section 11102. b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DDT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant 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 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national City Council 16 — 84 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 origin. In administering the City components of the Disadvantaged Business Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant 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. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. i. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. j. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. 1. In all solicitations either by competitive bidding or negotiation made by Consultant 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 City Council -16 — 85 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 notified by Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. M. Consultant 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 recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. p. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • 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 City CouncilUp i 'l6 — 86 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • 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). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, City Council 16 — 87 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. 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 FOLLOWING PAGE] City Council 16 — 88 3/21/2023 QoruSign Envelope ID. FC7E9346-8A22-1923-6Q05-AA3CA0439841 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SANTA ANA AND DUDEK IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney NDON SALVATIERRA Deputy City Attorney RECOMMENDED FOR APPROVAL NABIL SABA Executive Director Public Works Agency [in 1> 1019R13k,1111lKVWEI KRISTINE RIDGE City Manager CONSULTANT F aocu5igncd by Sc fL hbV'W JOSEPH MONACO President & CEO Dudek City Council �` 16 — 89 3/21/2023 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 EXHIBIT A SCOPE OF SERVICES City Council 16 — 90 3/21/2023 QocuSign Envelope ID. FC7E9346-8A22-4923-BQ05-AA3CA0439841 Appendix ATTACHMENT I SCOPE OF WORD CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES RFP NO.21-105 INTRODUCTION/PROJECT BACKGROUND Tlie City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Environmental Consulting firms to provide Environmental Services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of $2,000,000. Work will be assigned by Contract Task Order (CTO). As tasks are identified, they will be distributed amount the firms based upon their ability to perform the required work within the project schedule and budget constraints. DESCRIPTION OF WORK The Consultant shall provide services under the direction of City staff. The Consultant will be expected to provide an experienced, educated and professional team, who's Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and up-to-date with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services will include preparation, distribution and filing of environmental noticing, documents, preparation of studies and technical reports, including but not limited to the Following: + Initial Study + Noise Impact Stud ■ Notice of Exemptions ■ Biological Studies • Negative Declaration ■ Cultural Resources Stud + Mitigated Negative Declaration • Geological/Soil Stud + Notice of Preparation Hydrology/Water Quality Stud ■ Notice of Intent Water Assessment Stud • Notice of Availability ■ Mineral Resources Stud • Notice of Determination + Utility/Sewer Stud ■ Environmental Impact Report ■ Traffic Stud + Environmental Assessment ■ Mitigation Monitoring Program ■ Environmental Impact Statement ■ Preparation of Response to Comments + Categorical Exclusion + Preparation of Statement of City of Santa Ana RFP 21-105 City Council age 6 — 91 3/21/2023 QocuSign Envelope 10. FC7E9348-8A22-4923-6Q05-AA3CAO439841 Overriding Considerations • Preliminary Environmental Study ■ FAA and. ALUC Required ■ Historic Records Search ■ Public Outreach ■ Environmental Certification Form • Preliminary Engineering as required to support environmental analyses. • Air Quality Study + On -call staff consulting Consultant services will also include attendance at appropriate City Commission, City Council, community, and other designated meetings as deemed necessary_ PAYMENT AND INVOICING: Selected Consultant shall invoice the City Based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must snatch those included in the approved agreement. SPECIAL REQUIREMENTS (ATTACHMENT 4} This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced fonns included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: ■ LAPM Exhibit 10-14: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment ■ LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within. Fee Proposal hard copy package) Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms:https:11dot. ca.gov/-imedia/dot-m edi a/prograrns/local-assi stance/docurn ents/l al2m/ch 10.pdf COMPLIANCE WITH REOUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (1-12 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: City of Santa Ana RFP 21-105 City Council age Al - 6 — 92 3/21/2023 QocuSign Envelope ID. FC7E9346-8A22-4923-BD35-AA3CAO439841 The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-012 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independentltp download anv of the Caltrans Exhibits required per this RFP, visit: https://dot.ca.2ov/1iro�-rarns/local-assistance/fonns/local-assistance-procedures-manual-forms City of Santa Ana RFP 21-105 City Council age Al ' 6 — 93 3/21/2023 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 EXHIBIT B CONSULTANT'S PROPOSAL (exclusive of fee proposal and resumes) City Council 16 — 94 3/21/2023 • PROPOSAL ON -CALL ENVIRONMENTAL SERVICES CITY OF SANTA ANA OCTOBER 21, 2021 27372 Cale Armyo / San Juan Capistrano, CA 92675 / 949.450.2525 "^ jr K DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 City Council 16 — 96 3/21/2023 DocuSign Envelope ID. FC7E9346-8A22-4923-BD05-AA3CA0439841 STATEMENT OF QUALIFICATIONS Cover Letter October 21, 2021 City of Santa Ana Attn.: Sean Thomas Public Works Agency; M-36 20 Civic Center Plaza; 3rd Floor Reception, Ross Annex Santa Ana, CA 92701 Subject: Lin -Call Environmental Services RFP#21-105 Dear Mr. Thomas, Providing the City of Santa Ana (City) with successful environmental consulting services requires an understanding of local regulatory compliance and resource issues —an understanding used thoughtfully and precisely to balance concurrent environmental analyses and project reviews. Dudek has provided environmental services throughout Orange County (County) for more than 20 years. We propose our full breadth of services for all three areas listed in this Request for Proposals (RFP), (i.e., 1) Environmental Services, 2) Technical Studies, and 3) Staffing Services). As an on -call consultant, we offer the City the following strengths: Recognized On -Call Experts with Local Experience. We specialize in providing on -call environmental and planning services to California municipalities. Locally, we hold on -call contracts wit# the County and the Cities of Irvine, Anaheim, and San Clemente. We will provide the City's decision makers with the necessary information to comprehend each development application and work seamlessly with City staff to process all sizes and types of projects. Dudek has successfully completed more than 3,200 California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and state and federal environmental regulation documents for projects throughout California. We will leverage our in-house technical experts when producing the required technical reports to save the City time and money. Responsive Project Management. Project Manager Rachel Struglia, PhD, AICP has prepared numerous CEQA documents for both municipal and private projects. Her experience and local knowledge will allow her to prepare environmental documents that meet City standards and expectations. She will manage this project from our office in San Juan Capistrano, with support from our Encinitas and Pasadena offices. Diverse Technical Specialties. As a midsized firm, Dudek is small enough for project managers to make nimble decisions, quickly draw from our pool of technical resources, and stay engaged with you from start to finish. But we are large enough that our diverse staff can tackle a spectrum of environmental and planning challenges. Team leaders can quickly mobilize the right technical experts for a project, drawing from a deep bench of professionals is available for this contract. Our analysts an Call ETvy l.OUnCI�Ps 16 — 97 3/21 /2023 QocuSign Envelope ID: FC7E9346-8A22-4923-BQ05-AA3CAO439841 DUDEK conduct research and other tasks supervised by senior staff, providing a cost-effective approach while maintaining high -quality products. In addition, Dudek can assist the City with various grant opportunities to secure project funding. We look forward to continuing our productive working relationship with the City. If you have any questions, please contact Dr. Struglia at 949.373.8318 or rstruglia@dudek.com. This proposal is valid for 180 days after submission. Sincerely, Joseph Monaca Rachel Struglia President and CEO Project Manager jmonaco@dudek.com rstruglia@dudek.com Joseph Monaco is authorized to sign on behalf of Dudek. Contract Agreement Statement Dudek has reviewed the City's Attachment 2 Sample Agreement included in the RFP and we concur with the provisions contained therein if selected. Dudek proposes the following suggested changes to the contract: Section 9: Dudek requests the following sentence be added to the end of paragraph: "Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City's defense costs to the extent such costs are incurred as a result of Consultant's negligence, recklessness or willful misconduct." Firm and Team Experience The Dudek Advantage Dudek assists municipalities on a broad range of projects that improve California's communities, infrastructure, and natural environment. From planning, design, and permitting through construction, we move projects through the complexities of regulatory compliance, budgetary and schedule constraints, and conflicting stakeholder interests. We have a long history of providing environmental services to municipalities in Orange County (County) and know the local environmental resources and agency policies pertaining to resource management, development impact assessment, and mitigation. With more than 70 successful on -call Southern California municipal contracts, Dudek has built a reputation for providing Dudek at a Glance Multidisciplinary environmental and engineering services ■ 700+ employees • 16 offices * Founded in 1980; employee -owned * Trip 125 U.S. Environmental Firms (Engineering News -Record) * 92% rating for reliability, timelines& and responsiveness (Dun & Bradstreet, 2016) * More than 160 on -call environmental contracts throughout California an Call En)NIPY ouncifes 16 — 98 3/21 /2023 DocuSign Envelope 10. FC7E9346-8A22-4923-6D05-AA3CAO439841 DUDEK exemplary supplementary environmental, planning, regulatory, engineering, construction management, operations, and funding expertise, offering municipalities a cost-effective way to accomplish short- and long-term goals. Dudek's project managers are empowered to make nimble decisions and quickly draw from our pool of technical experts, including the following: • California Environmental Quality Act/National Environmental Policy Act (CEQA/NEPA) specialists ■ Land use planners certified by the American Institute of Certified Planners ■ California Department of Fish and Wildlife (CDFW)- and U.S. Fish and Wildlife (USFWS)-certified biologists • Registered professional archaeologists • Registered landscape architects ■ Certified arborists and foresters ■ Noise and air quality specialists ■ Certified geographic information system (GIS) professionals ■ Certified hydrogeologists ■ Licensed geologists ■ Licensed professional engineers ■ Licensed contractors Dudek Services ■ Agency Permitting ■ Biological Surveys and Monitoring ■ CEQAINEPA Compliance • Coastal PlanoinglPermitting ■ Cultural Resources • Civil Engineering • Construction Management ■ Environmental Planning ■ Habitat Restoration and Management ■ Hazardous Materials Testing ■ Hydrology ■ Urban Forestry ■ Wildfire Protection Planning • Water Conservation Planning • Water Infrastructure Planning and Design We will expand the City's ability to tackle more projects with our skilled staff and will expedite complex project processing by leveraging our long-standing relationships with regulatory agencies. We will integrate into your team in the most seamless and productive way possible, mobilizing specialized technical professionals quickly to meet City project needs. Environmental Services CEQA/NEPA ❑udek has one of California's largest, most experienced teams far CEQA and NEPA document preparation. Our environmental planners have prepared and processed more than 3,200 CEQA/NEPA documents for a variety of large and small development, restoration, and conservation projects throughout the state. Dudek's environmental experts work collaboratively with clients; local, regional, state, and federal agencies; and the public to clearly define project objectives, address concerns, and outline appropriate processes. We apply practical CEQA/NEPA knowledge to comply with current laws, regulations, and case law. Our planners help clients creatively solve regulatory challenges within financial and scheduling constraints. We produce complete CEQA/NEPA documents done right the first time. Our environmental planners work with our in-house technical publications editors and graphic designers to prepare high -quality documents that are clearly organized and easily interpreted by the public, agencies, and individuals responsible for future project development. On Call En) IPyil.6und'I es 16 — 99 3/21 /2023 DocuSign Envelope 10. FC7E9348-8A22-4923-BQ05-AA3CAO439841 DUDEK We efficiently coordinate and prepare reports by utilizing our in-house technical experts. Our team expedites complex project processing by designing and maintaining realistic document schedules, adhering to consistent communication protocols, leveraging our longstanding agency relationships, and anticipating potential issues as soon as possible. Technical Studies Historicai Resources Assessments ❑udek's built environment team is led by experienced architectural historians and historic preservation experts specializing in historic resource significance evaluations in consideration of the National Register of Historic Places, the California Register of Historical Resources, and local -level evaluation criteria and integrity requirements. Our team has conducted thousands of historical resource evaluations and developed detailed historic context statements for a multitude of property types and architectural styles, including private residential, commercial, transportation, industrial, educational, medical, ranching, mining, airport, and cemetery properties, as well as a variety of engineering structures and water conveyance resources. They also provided expertise on numerous projects requiring conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, served as third -party review consultants, and served as expert witnesses in legal proceedings. Cultural and Tribal Cultural Resources Studies ❑udek's cultural resources staff have more than 24 years' experience directing and executing all phases of cultural resources investigations, including surveys, significance determinations, and data recovery mitigation programs. Our professionals have the expertise and capability to fulfill on -call services of any scope and size in any jurisdiction. Their capabilities include constraints/feasibility analyses, literature overviews and archival research, predictive modeling, field inventories, archaeological sampling, significance and eligibility evaluations, data recovery, monitoring and compliance oversight, mitigation implementation, historical studies, landscape studies, Native American consultation and ethnography, preservation planning, custom GIS-based data management applications, and CEQA/National Historic Preservation Act documentation. Biological Resources Assessments ❑udek's biologists work and consult regularly with the USFWS, U.S. Army Corps of Engineers, CDFVV, and Regional Water Quality Control Board to obtain project -specific permits that keep projects on schedule and in compliance. Our staff includes experts in botany, mammalogy. herpetology. entomology, ornithology, habitat assessment and mapping, spatial analysis, and habitat and wetlands restoration. Our biological team has surveyed and tracked wildlife movement throughout the County. We have state and federal permits for surveying, banding, and trapping numerous threatened or endangered wildlife species, listed plant species, and many other species. Our biologists also have extensive experience with a range of listed and unlisted special -status plant species. Air Quality and Greenhouse Gas Emissions Studies Dudek environmental planners and engineers have prepared air quality impact analyses for construction and operation of facilities and public infrastructure projects throughout California. Dudek is familiar with the California Emissions Estimator Model (CalEEMod) and tailors significance conclusions On -Call Env ounci{I "' 16 - 100 3/21/2023 Docusign Envelope ID. FC7E9346-8A22-4923-BD05-AA3CA0439841 DUDEK to meet the needs of the lead agency. In tune with regulatory changes, Dudek develops and refines appropriate approaches to global climate change analysis. Noise Impact Studies Dudek guides land developers, engineers, architects, and public agencies through noise -control regulation compliance to cost-effectively plan technically sound acoustic designs into their projects. Dudek acousticians conduct noise assessment studies and design effective mitigation or control strategies; assist With criteria selection and design solutions for noisy construction and operational equipment during project planning; and assist with ail types of architectural acoustics. Specific areas of expertise include CEQA/NEPA environmental noise studies; environmental/community noise and vibration studies; and mechanical/heating, ventilation, and air conditioning systems noise and vibration control recommendations. Hazardous Materials and Environmental Site Assessments Dudek prepares Phase I and Phase II environmental site assessments to evaluate potential environmental/hazardous waste liabilities associated with project sites. We also prepare reports outlining the presence of underground storage tanks and other hazardous material storage units. Dudek is knowledgeable about the latest treatment technologies, and we are expert at methane mitigation. Our team assesses and distinguishes between geologic and soil hazards addressed by the California Building Code and local regulations. We also assess hazards that are significant under CEQA. Dudek staff have expertise in underground storage tank removals and in -field hazardous materials removal. Hydrogeology and Water Quality Studies The Dudek team performs hydrologic, hydraulic, and water quality analysis to support a broad range of permitting efforts, including Clean Water Act 401/402/404 permits and CDFW 1600 permits. Dudek engineers, hydrologists, hydrogeologists, landscape architects. and planners provide proven and complete stormwater, surface water, and groundwater quality resource services in house. This allows the Dudek team to coordinate planning, design, and project implementation in a timely and cost- effective manner. Dudek hydrogeologists can assist with development of project design features; water quality impact assessment; and conformance with state, regional, and local regulations. Dudek is familiar with local water quality parameters and understands the relevance of applicable regional, state, and federal regulations. Urban Forestry and Arborist Studies Our urban forestry team is one of the most diverse and experienced in the state. We have decades of experience working throughout California on various street tree and urban forest projects. We also have extensive experience assisting municipalities with on -call arboricultural consulting and technical services to augment staff expertise or provide additional support. Our urban forestry and arboriculture professionals' varied backgrounds and expertise provide a well-rounded perspective and proven techniques for urban forest assessment, mapping, and management. We also offer fire protection planning expertise to augment our forest management assessments and planning. We analyze project impacts to native oak trees, stands, and woodlands; determine which trees can be preserved and which will require removal; and develop ecologically sensitive oak mitigation plans. Additionally, we have extensive experience creating andlor reviewing oak- and scrub oak -related arborists' reports - On -Call En Oi y ounci{f - 16 - 101 3/21/2023 Docusign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CAO439841 DUDEK Water Supply Assessments and Utility/Sewer Studies Dudek will evaluate potential impacts to public services and utilities, and we will estimate any increases in water supply demand, wastewater generation, solid waste generation, and public service demands, utilizing available projection factors, infrastructure master plan documents, urban water management plans, or other existing documentation, as well as personal communication with these organizations. Transportation Planning and Traffic Studies Successful transportation planning, assessment, and design require in-depth understanding of evolving technology and an ever -changing regulatory landscape. Our certified transportation planners and professional engineers understand the latest transportation regulations, and implement best practices to help you develop or adapt projects to maximize your budgets and minimize potential impacts. We provide technical transportation planning, traffic impact assessment, engineering design, CEQA and NEPA expertise, quantifying project effects using the appropriate metrics and methods for project -specific concerns. We help you tackle short- and long-term transportation challenges, whether they relate to capital projects, programs, or long-range plans. Transportation Specialities • Multi -Model Planning Analyses • Complete Streets Consultation • General Plan/Master Plan Studies • Specific Plan Studies • Traffic PlanninglOperations Studies • Site Access and Circulation Studies • Traffic Signal ❑esigo Traffic Singing and Stripping Design We prepare vehicle miles traveled (VMT) analysis per Senate . Construction Zone Traffic Bill 743 and the recently updated CEQA guidelines, as well as, control Plans determine appropriate significance criteria For transportation • PreliminarylConceptual impacts. Dudek's transportation staff utilizes region and project Engineer(.ng specific analysis methodologies including travel demand models • Parking Design and Planning (i.e., trip based model, tour based models), sketch models (i.e., CaIEEMod, Sketch 7, Urban Footprint, MXD), and spreadsheet models (i.e., VMT calculator, VMT estimator); research into regional or local transportation plans and policies; and, trip characteristic data and travel surveys (e.g.. California Household Travel Survey), to calculate and estimate VMT. For significant VMT impacts found, Dudek can identify feasible mitigation measures such as Transportation Demand Management strategies (e.g., land use/location, site enhancements, parking policies, commute trip reductions programs) that could reduce VMT to meet regional goals or standards. Our experienced in-house transportation and air quality experts work hand - in -hand to guide projects through VMT analysis under Senate Bill 743, saving our clients time and money by providing multiple services under one roof. Our transportation planners and engineers also assess traffic operations to verify efficient and safe mobility for all modes of motorized and non -motorized travel. Dudek uses the Highway Capacity Manual and Intersection Utilization Capacity (ICU) methodologies to analyze traffic operations on street networks. !n addition, Dudek provides analysis of site access and circulation design as well as adequacy of on -site parking through parking demand studies. Further supporting our transportation efforts is CR Associates (CRA). CRA has established itself over the past 10 years as a trusted transportation planning and engineering firm that is committed to planning transportation systems and identifying mobility improvements that create and support vibrant and sustainable communities. They have consistently demonstrated expertise in conducting accurate on -Cal I Envoy'oUnCl'�PS 16 — 102 3/21 /2023 QocuSign Envelope 10. FC7E9348-8A22-4923-BQ05-AA3CAO439841 DUDEK analyses and evaluations, and in making the critical decisions required to move projects and plans forward with successful resolution of key issues. CRA provides a fully rnultimodal approach, building upon the multi -dimensional experiences of its staff, along with its dedication to serving the full range of client needs. Additionally, they have delivered numerous active transportation plans, multimodal mobility studies, and circulation elements to jurisdictions and communities across the Southwest United States, Grant Writing and Support, Grant Funding Research, and Proposal Development ❑udek's grant writing experts assist agencies in identifying appropriate grant opportunities for their projects. Using a targeted approach, we analyze project objectives, match goals to opportunities, and employ a "writing -to -win" approach. We understand that successful grant funding consists of two-thirds planning and one-third writing. We assist with fund disbursement and reporting compliance, aflowing our clients to focus on project implementation, while we complete administrative tasks. Our team provides a full range of grant administration services, including developing project- and grant/loan-specific templates and forms; generating materials packages and documents for agency review and processing; negotiating favorable grant terms and/or extensions, when needed; and coordinating with project proponents to submit necessary grant reimbursement materials. Our Team The Dudek team, as displayed in Figure 1, provides a strong background of local experience specifically applicable to the City's needs. All team members can commit substantial effort to the task when it is necessary for the success of a project. in the event that Project Manager, ❑r. Struglia is not available for any reason, Patrick Cruz can be expected to assume the role of Dudek point of contact. In addition to our team's firm -wide experience, each member of our proposed project team has expertise that will facilitate knowledgeable and thorough work for all project tasks. Table 1 provides a brief biography for each key team member, and full resumes for the entire team can be found in Appendix A. On -can r 9 y� ounci{fes H�_H4t - 16 — 103 3/21 /2023 Docusign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 DUDEK Figure !. Di)dek Team Organization PROJECT MANAGEMEM Project Manager Rachel Struglia, PhD, AICP TASK LEADERS Environmental Task Lead Environmental Task Lead Environmental Task lead Natalie Smith Alex Hardy Patrick CrUT Environmental Task Lead Transportation/Caltrans Andrew Talbert. AICP Lead Jason Reynolds PROJ ECT TEAM Aesthetics Geology, Soils, Mineral Noise Urban forestry Josh Saunders, AICP Resources, Paleontology Mark Storm, iNCE fad. Cert. Michael Huff Eric Schniewind Air Quality, Greenhouse Michael Williams, PhD Population and Housing, Wildfire Gas Emissions, Energy, Recreation, Public Services Dana Link -Herrera Health Risk Assessments Hazards and Hazardous Hayley Ward Jennifer Reed Materials Gram Writing Glenna Mr,Mahon, PE, CEM Transportation Jane Gray Biological Resources Dennis Pascua TommyMolioo Hydrology and Water Charles Greely, PE Outreach Cultural Resources Quality Eric 5chniewind CR Associates ` Kalhenrw Padilla and Associates* Adam Giacinlo, RPA Land Use and Planning Utilities and Service Environment Ha lcY Ward Y ' SystemsSystemsBuilt Hayley Ward Sarah Corder, MFA ' ❑9E SUka rs uUan [s Table 1. Key Personnel Qualifications Rachel Struglia, PhD, AICP, Project Manager Availability., 50 University of California, I Rachel Struglia is a principal and project manager Irvine with 23 years' experience preparing California PhD, Environmental Environmental Quality Act (CEQA)/National Analysis and Environmental Policy Act (NEPA) documents in Design both the public and private sectors. ❑r. Struglia is experienced in managing CEQA documents for Arizona State University large infrastructure projects and has completed MS, Justice Studies program environmental impact reports (PEIRs) for on Call En)51py�ouncife5 16 — 104 3/21 /2023 s DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CAO439841 DUDEK Table 1. Ivey Personnel Qualifications University of Connecticut BA, Anthropology University of California Riverside, Extension Certificate in Educational Facilities Planning American Institute of Certified Planners (AICP) Metropolitan Water District, Orange County Sanitation District, Riverside County Community College District, North Orange County Community College District, and Coast Community College District (CCCD). She has also managed general plan environmental impact reports (EIRs) and specific plans, as well as infill, residential, commercial, industrial, and school ElR projects. Dr. Struglia leads Dudek's CEQA practice in Orange County and has the role of statewide water sector leader. In this role, ❑r. Struglia focuses on infill development, retail redevelopment projects, school projects, and water infrastructure projects, including regional conveyance and groundwater recharge projects, recycled water projects, and water treatment projects. Natalie Smith, Duke University MEM, Natalie Smith is a senior environmental project Environmental Task Environmental manager with 20 years' experience throughout the Leader Leadership 2013 southwestern United States, Australia, and the Availability.: 60 Manchester South Pacific Islands. She has extensive Metropolitan University, experience working on a broad range of complex Institute of Place in and highly controversial environmental issues, Management specializing in water/wastewater infrastructure, Certificate, Place environmental compliance, and natural resource Management. 2013. management in the private, public and non-profit Duke University, sectors. Ms. Smith has worked alongside Executive Education engineers to determine project feasibility and cost, Program Certificate, formulate project alternatives, conduct NEPA. 2011 environmental review, and secure permits for a variety of capital improvement, infrastructure, and New Mexico Institute of resource management projects. She has prepared Mining and Technology and managed complex multidisciplinary technical BS, Environmental analyses in compliance with the CEQA, NEPA, Science with Biology FERC, CERCLA, RCRA, the federal and California CITI Certification for Endangered Species Acts, Section 401, 402, and Protection of Human 404 of the Clean Water Act, Sections 10 and 14 of Research Subjects, the Rivers and Harbors Act, Safe Drinking Water 2014 Act, and other state and federal regulations. Australian Institute of Petroleum Certification Alex Hardy; San Francisco State Alex Hardy is an environmental project manager Environmental Task University with 17 years' experience as a researcher and Leader MA, History author, project manager, program manager, Availability: 40% (Environmental and quality -control reviewer, and strategy advisor. Mr. Urban History Hardy has extensive experience preparing the full emphasis) spectrum of the CEQA documents for local On -Call EToyl.0 �011C1� 'eS 16 — 105 3/21/2023 Docusign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CAO439841 DUDEK Table 1. Key Personnel Qualifications University of California, Berkeley BA, History Patrick Cruz, University of California, Environmental Task Santa Barbara Leader BA, Environmental Availability.60% Studies BA, Geography (GlS emphasis) Andrew Talbert, AICP University of California, Environmental Task San Diego Leader BA, Environmental Availability: 40% Systems Policy American Institute of Certified Planners (AICP) Jason Reynolds, California Polytechnic TransporfationlCaltrans State University, San Task Lead Luis Obispo Availability: 30% BS, City and Regional Planning, jurisdictions, public agencies, and private developers. Mr. Hardy has served as environmental program manager and task order manager for the San Diego County Water Authority, working on all aspects of environmental review and compliance with that organization's Water Resources Division. He has also overseen environmental review for various utility projects, including electrical transmission upgrades, pipeline work, and water wells for San Diego Gas and Electric and the City of Vista, as well as the Otay Water District. Patrick Cruz is an environmental analyst with a strong foundation in urban and regional planning and CEQA/NEPA compliance. Mr. Cruz specializes in environmental impact analysis and provides analytical support and project management assistance to senior staff for a variety of projects throughout Southern California. He has experience with both public and private projects ranging from education projects specific plans, development projects, renewable energy development, and water and wastewater infrastructure Andrew Talbert is an environmental planner with 7 years' experience in environmental analysis and the application of CEQA/NEPA through the preparation of environmental documentation. Mr. Talbert has served as project manager and primary author for environmental documents for numerous projects throughout San Diego County and Southern California. Clients consist of public and private entities, and project experience includes residential Specific Plans, development projects, transportation improvements, and water and wastewater infrastructure Jason Reynolds is Dudek's Transportation Sector Market Leader and a Senior CEQA/NEPA Project Manager with 25 years' experience with environmental management for transportation systems. Mr. Reynolds' experience includes conducting and managing joint CEQA/NEPA based delivery across a broad range of project types at differing scales and complexities. He has a diverse range of project experience, Including local roadway improvements, interchanges, grade separations. bridaes. freewav deckina/caooina. bus On -Call Enutopy� ounci{j "' 16 — 106 3/21/2023 to QocuSign Envelope 10. FC7E9346-8A22-4923-BQ05-AA3CAO439841 DUDEK Table 1. Ivey Personnel Qualifications Name/Role Certifications rapid transit (BRT), light rail, passenger rail, high- speed rail, and major transportation corridors- Mr - Reynolds successfully guides projects from inception, through the bid and award process, into construction. In addition, Mr. Reynolds is knowledgeable about all Caltrans policies and procedures, as a former District 11 Environmental Division Branch Chief with 9 years' experience working for Caltrans. He has applied his institutional knowledge and understandings of the Caltrans project development process to leverage and facilitate delivery of comprehensive services on numerous related projects. Phuong Nguyen, PE, San Diego State Phuong Nguyen has 14 years of experience Traffic Consultant University providing engineering services to the transportation Availability: 35°Q BS, Civil Engineering industry. He has been responsible for project and task management on a number of efforts ranging from parking plans, traffic operations, micro - simulation, peer review, and transportation impact analysis to conceptual engineering- Phuong is very experienced in the application of transportation planning and traffic engineering analysis software, such as VISSIM, Synchro/Si mTraffic,Vistro, Traffix, Highway Capacity Software (HCS), Complete Street Level of Service (CSLGS), Rodel Roundabouts, and SANDAL MXD method & tool for Smart Growth Trip Generation. Jessica Padilla Bowen, San Diego State Ms. Padilla Bowen joined KPA in 2020, bringing Outreach University, San Diego with her more than 20 years of experience in Availability- 25°fin Master of Public government and nonprofit communication. She Administration spent 15 years working in communication for the Occidental College, Los City of Carlsbad serving various departments Angeles including Community & Economic Development, Public Works, Library & Cultural Arts and more. BA, Theater & She also served as Public Information Officer in the Economics City's Emergency Operations Center. Prior to joining the City of Carlsbad, Ms. Padilla Bowen spent six years in nonprofit communication, handling all aspects of media relations, from photo and video shoots to pitching and coordinating hundreds of television, print and radio interviews, Oncaii rT° y �G�tal ounci{f - 16 — 107 3/21 /2023 ' 1 QocuSign Envelope 10. FC7E9348-8A22-4923-BD05-AA3CA0439841 DUDEK Understanding of Need Dudek has an effective and proven project approach. We manage projects to meet client and technical needs, using sound science and engineering principles, a focus on data quality, and careful management of budget and schedule milestones. Our approach to this, and every, project begins with solid project management and quality assurance/quality control processes. Our focus on these central tenets to performing environmental work has guided our expert technical project support for the past four decades. Project Management Approach The primary aspects of ❑udek's approach to project management include communication, managing adherence to the scope, keeping the progression of work on schedule, cost controls. and predicting and avoiding risk. Dudek prides itself on also integrating a fundamental Focus on high -quality work, optimized resource allocation, sub -service provider management, and change management, as well as maintaining focus towards meeting both client and project goals and objectives. The following sections describe the Dudek project management approach. Our approach focuses on the following five main components: • Project planning • Communication • Project execution ■ Project control ■ Quality control The Dudek team is experienced In applying an adaptive management approach to adjust the level of detail or use of specific project management techniques and tools as necessary on as -needed task assignments. Project Planning Planning is a critical step in the successful management of every project. Dudek project managers begin the planning stage during the development of the project/task proposal and continue apptying an adaptive approach throughout project execution. Planning considerations include the following: ■ Clarifying the project requirements and confirming the project goals and outcomes • Communicating with the client, project stakeholders, and the sub -service provider team • Iteratively estimating and refining resource requirements, level of effort. and cost ■ Monitoring project budget and schedule ■ Integrating quality standards at each project stage The Dudek approach applies these planning concepts throughout the project life cycle. Communication The most -effective project manager is one who facilitates the continual flow of information, data, instructions, and guidance among the City, Dudek team members, and sub -service providers. When On -Call Env 9fiy� ounC fed ' - 16 — 108 3/21 /2023 - QocuSign Envelope 10. FC7E9346-8A22-4923-6005-AA3CAO439841 DUDEK maintaining this flow, we use resources efficiently and minimize wasteful rework. We achieve constant communication through: ■ Regularly calling or emailing the City's key contact staff person to discuss project milestones, activities. and potential issues ■ Regularly discussing the project with key project staff to coordinate work efforts, monitor task completion, and review budget conformance; ❑udek's key staff have worked together closely for more than 10 years • Updating, as necessary, the project description, schedule, work progress reports, and inventories of available data so that all team members are aware of information that may affect their work products and schedules ■ Meeting with City staff at design milestones and other strategic junctures ■ Diligently documenting issues. action items, and decisions Project Execution The structure and flexibility of the Dudek team provides the ability to adapt resources and the execution approach to meet project needs throughout the project life cycle. The Dudek project execution approach is based on applying a common understanding of the goals and objectives to project -related decision making. Key aspects of the Dudek approach include identification of logistical, environmental, and regulatory factors with potential project impacts: evaluation and communication of critical issues: and focus on quality data collection, analysis, and reporting. Protect Lonti-ois ❑udek's project managers monitor and control the project budget, schedule; and quality using a suite of tools from project inception to completion. Dudek project tools include real-time project budget management, schedule management software, and quality assurancelquality control checks. As the project advances, our project manager communicates with the team on a regular basis to evaluate project resource requirements, budget, and schedule. Quality Control Document Production ❑udek's editorial team will work closely with our project manager to apply the highest standards of quality to all deliverables. For a typical Dudek work product, the following process will be used: ■ Technical Review. An appropriate technical reviewer will be assigned to all written work products. This step in the review process is focused on the legal adequacy and technical accuracy of all deliverables, and multiple reviewers may be used depending on the complexity of the document. • Editorial Review. Once the technical review is complete, Dudek editors will conduct an editorial review of deliverables. Prior to submittal to the City, each document will be formatted by Dudek's publications staff. ■ Document Production. ❑udek's publications production team verifies the quality of each formatted document before publication. ❑udek's editorial team, in collaboration with the publications and information technology (IT) staffs, will produce and publish the Web versions of project deliverables. On -Call r 9 y' ounci{f 16 — 109 3/21 /2023 1.3 Docusign Envelope ID: FC7E9346-8A22-4923-6D05-AA3CAO439841 DUDEK The Dudek team understands and will leverage our experience regarding the unique requirements of the City's On -Call Environmental Services contract, including the need for customized, comprehensive, and flexible capabilities that are responsive to any task order needs. We recognize the services could be applicable to any stage of the project development process, from concept development to construction compliance/post-construction restoration. Dudek also understands the services are likely to include both direct project implementation along with oversight and review responsibilities. The Dudek team's diversity matches those needs in an unprecedented manner, including highly skilled and experienced practitioners. Steps will be taken in the field, office, and laboratory to ensure that data are transferred accurately from collection to analysis to reporting. Sample documentation, including labeling and chain -of -custody forms, will be completed to ensure that data are transferred accurately to the laboratory, as applicable. Notes will be taken in the field to double check chain -of -custody forms for accuracy. Laboratory reports will be checked for completeness. Final laboratory reports will be reviewed by the laboratory quality assurance manager or laboratory project manager for errors before release- GIS Data Methods Data collected or received by Dudek are cataloged in a master data intake database that is stored in a commonly accessible network location with other spatially related files and metadata files for management/control according to ❑udek's policy for GIS project data organization. Electronic deliverable data and data tables will be checked against the hard copy laboratory reports. All spatial data received will be reviewed for metadata and verified visually- Dudek -generated data will undergo quality control checks for completeness, accuracy, and precision, as well as appropriate metadata completeness. Given our mid -size company make-up Dudek possesses the breadth and depth of resources necessary to fulfill the City's contract demands, while also having a unique and balanced ability to adapt to any potential circumstances that may arise during the life of the contract. The Dudek team is able to and will rapidly respond to, mobilize; and implement any of Santa Ana's project/program delivery objectives, and we are excited to be working in partnership with the City as part of this contract- To further support Santa Ana's on -call environmental needs, we have also carefully selected a diverse team of subconsultants that share our passion for high quality, consistent, timely, and on -budget program delivery. Our contract history with each of our teaming partners will allow for a seamless and fully integrated consultant team that the City can confidently rely upon. Relevant Project Experience Tabte 2 provides a list of on -call environmental service contracts that Dudek has begun or completed within the past 5 years, including significant work with public agencies. Following the table, project descriptions detail selected completed work and client contact information. or c {II Er,vtopy� ounci{I E' 16 —110 3/21/2023 i DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CAO439841 DUDEK Table 2. Southern California Environmental and Technical Services Contracts City of Anaheim As -Needed Environmental Services City of Carlsbad As -Needed Environmental Planning Services City of Chula Vista As -Needed Environmental Services City of Cortina As -Needed Engineering and Environmental City of Covina As -Needed Environmental Services City of Fontana As -Needed Environmental Services City of Glendora As -Needed Environmental Services City of Irvine As -Needed Professional Consulting Services City of Los Angeles As -Needed CEQAINEPA Documentation and Environmental Services City of Los Angeles On -Call Environmental Services City of Los Angeles On -Call Environmental Assessment and Air Quality Services City of Rancho Santa Margarita On -Call Environmental Review Consulting City of San Clemente On -Call Environmental Services City of San Diego As -Needed Environmental Services City of San Diego As -Needed Planning Services City of San Diego As -Needed Watershed and Resource Protection City of San Diego As -Needed Archaeological Monitoring and Cultural Services City of Vista As -Needed Environmental Consulting City of Yucaipa On Call Professional Environmental Services County of Los Angeles On -Call Environmental Services (Infrastructure) County of Los Angeles On -Call Environmental Services (Water Resources) County of Los Angeles On -Call Environmental Services (Federal Projects) County of Orange As -Needed Restoration Services County of Orange On -Call Environmental Services, Planning, and Regulatory Permitting County of Orange On -Call Regulatory Permitting Services County of San Bernardino On -Call Environmental Services for Operation and Maintenance County of San Bernardino On -Call Biological Services County of San Diego As -Needed Environmental Consulting Services County of Santa Barbara On -Call Archaeological Services On -Call Env v ')Ie .i J.1 . C:rv.i es _ S 5 �I y G�ouncif 16 —111 3/21/2023 DocuSign Envelope 10. FC7E9348-8A22-4923-BD05-AA3CAO439841 DUDEK Table 2. Southern California Environmental and Technical Services Contracts Orange County Community Resources On -Call Environmental Services MWD of Southern California Orange County and San Bernardino Operation and Maintenance EIRs Port of San Diego As -Needed Planning, Environmental and Technical Services Port of San Diego As -Needed Environmental and Land Use Project Management Services Rancho Mission Viejo Company Habitat Conservation Plan Implementation Development Support San Diego Association of Governments (SANDAG) As -Needed Environmental Support Services for SANDAG SANDAL, Caltrans As -Needed Environmental Services San Diego County Water Authority As -Needed Environmental Services State of California As -Needed Southern California CEQA Services Notes: CEQA = California Environmental Quality Act; NEPA = National Environmental Policy Act; SANDAG = San Diego Association of Governments. Client and Contact: County of Los Angeles, Department of Public Works; Ed Dingman, 626.458.2593; edingman@dpw.lar-ounty.gov Completion oate: July 2018 Location: Los Angeles County, California Description-. Dudek provides on -call environmental services for the Programs Development Division in support of transportation projects across the County's 2,650-square mile service area. Services include environmental document preparation pursuant to CEQAINEPA; environmental planning; field resource services and activities (e.g., biological and culturalltribal/archeological to comply with State and Federal laws); biological surveys and monitoring; certified arborist services, literature and electronic database reviews; technical studies (e.g., air quality, traffic, noise, climate change, water quality, aesthetics, etc.); feasibility studies, including biological technical assessments; public meetings; and document publications. Representative projects include the Woolsey Fire Guardrail Replacement Project, Mureau Road Bikeway and Road Improvements Project, and Palos Verdes Sewer Line Emergency Repair Project On -Call Ent"I fy'l.0uncife" - 16 —112 3/21 /2023 , 6 DocuSign Envelope ID. FC7E9346-8A22-4923-BD05-AA3CAO439841 DUDEK Client and Contact: North County Transit District (NCTD), Bruce Smith (formerly with NCTD and now with SANDAL as Principal Engineer); bruce.smith@sandag.org; 619,699.1907 Completion Date: March 2016 Location: North San Diego County, California Description - Dudek provides on -call CEQA/NEPA services and full range of associated technical support services to NCTD. Services covered under this on -call can include preparation of environmental documents pursuant to CEQA and/or NEPA, undertaking surveys and technical reports either independently or in support of environmental documents, and providing compliance services to NCTD for ongoing construction and operations. Under the on -call contract Dudek has performed raptor nesting surveys and secured highest ratings on NCTD's evaluation forms for our services. Client and Contact: Orange County Public Works; James Volz, Project Manager; James.Volz@ocpw.ocgov.com; 714,834.4000 Completion Date: June 2018 Location: Santa Ana, California Description: Under its existing on -call contract with Orange County Public Works, Dudek has provided effective mitigation planning and biological monitoring services for the Los Alamitos Pump Station, Talbert Nature Preserve South, Laguna Canyon, and Haster Basin Mitigation Projects. As the biological monitoring team during mitigation monitoring periods for these projects; Dudek was asked to evaluate ongoing problematic site conditions and provide effective adaptive management recommendations that would bring the mitigation into compliance with mitigation performance standards. Dudek has performed monitoring at Talbert Nature Preserve South, including comprehensive site investigations, soil sample collection, testing and analysis, surface hydrology evaluation, polyphagous shot hole borer infestation evaluation, and botanical monitoring. Dudek provided recommendations to the maintenance contractor through quarterly monitoring reports. Dudek identified significant site constraints that prevent target riparian habitat development and formed the basis for creative recommendations to achieve permit requirements, including a pilot project to test a new riparian mitigation approach in response to hyper soil salinity. Dudek is preparing annual reports and an annual assessment of progress toward mitigation goals. Dudek also designed and prepared a habitat management and monitoring plan and construction documents for the Edinger Bridge Replacement Project, which detailed implementation, monitoring, and maintenance for establishment of approximately 1.25 acres of native salt marsh at the Talbert Nature Preserve South - On -Call Env opy l.0uhcifPs 16 —113 3/21 /2023 17 Docusign Envelope 10. FC7E9346-8A22-1923-BD05-AA3CAO439841 DUDEK Centennial 'Park Lake Rehabilitation Project Client and Contact: City of Santa Ana, Suzi Furjanic, Associate Park Planner; sfurjanic a@7santa- ana.org; 714.667.2267 Completion Date: March 2020 Location: Santa Ana, California Description - Dudek was hired by the City of Santa Ana to develop a comprehensive rehabilitation plan for Centennial Park Lake and the area surrounding the lake. The goal of the rehabilitation project was to identify problems, and needs with the lake, lake equipment, the lake park area, park visitors, and lake maintenance. Dudek staff performed a comprehensive site analysis through a review of the lake as - built plans, right-of-way documents, existing utilities plans, soils and geologic information, and irrigation plans. In addition, Dudek staff visited the park to take a detailed survey and inventory of the equipment on -site and the operational status of each piece of equipment. Additionally, lace water and soil samples were taken and analyzed to assess the water quality and type of the subsurface lake Ladd Canyon Bridge Replacement Project MND Client and Contact. Orange County Public Works, James Volz, Project Manager; James.Volz[7a ocpw.ocgov.com; 714.834.4000 Completion Date: August 2021 Location: Orange, California Description. Dudek supported the County through) the CEQA and Caltrans National Environmental Policy Act (NEPA) compliance process for this project. Dudek prepared a Mitigated Negative Declaration (MND), Preliminary Environmental Study checklist, and various technical studies to satisfy the Caltrans NEPA compliance process. The project involves the replacement of an existing bridge with a Client and Contact: City of Anaheim Public Utilities Department; Jonathan Sanks, Environmental Services and Safety Manager; jsanks@anaheim.net; 714.765.4117 Completion Date: March 2021 Location: Anaheim, California Description: Dudek assisted the City of Anaheim Public Utilities Department with technical studies in support of CEQA for additional water treatment, produc#ion and distribution facilities at four sites in the City of Anaheim. The additional water treatment facilities included ion exchange treatment to remove PFAS from groundwater. The project included installation of water treatment facilities at the La Palma, Linda Vista, Boysen Park and Energy Field sites in the city. Dudek prepared an Air Quality and Greenhouse Gas Emissions Technical Memorandum, a Biological Resources Technical Memorandum, a Jurisdictional Delineation, an Archaeological Investigation Report, and a Noise Technical Report used in the City- prepared MND which was adopted in April 2021, on Call En) IPy1 bund'I PS18 16 —114 3/21 /2023 DocuSign Envelope ID: FC7E9348-8A22-4923-BD05-AA3CAO439841 DUDEK [ Cartwright Family Apartments HUD EA Client and Contact: Orange County Department of Housing and Community Development, Julia Bidwell, Director, Housing & Community Development; julia.bidwell@a occr.ocgov.com; 714A80.2991 Completion Date: November 2020 Location: Orange, California Description - Served as project manager. Conversion of a vacant four-story commercial building into a 60-unit affordable housing community for families including Permanent Supportive Housing units designed to accommodate households who meet the Mental Health Services Act eligibility criteria whom are experiencing homelessness. The project was partially funded using HUD project -based vouchers, requiring the project to undergo NEPA review. Prepared the HU❑ EA and managed Dudek's interdisciplinary team to ensure that all technical analyses met HUD requirements and all federal, state, and local regulations. The NEPA review was successfully completed in time for the project to receive HUD funding. ProgramFacilities Master Plan Client and Contact: Orange County Sanitation District; Adam Nazaroff, Engineering Supervisor; anazaroff�7a ocsd.com; 714.962,2411 Completion Date: February 2021 Location: Fountain Valley, California Description: Dudek was contracted in 2019 by the Orange County Sanitation District to prepare a Program Environmental Impact Report (EIR) for the Sanitation District's 2017 Facilities Master Plan. The analysis covers projects included in a 20-year Capital Improvement Program to ensure that the Sanitation District can sustain its infrastructure, meet future regulatory requirements, and continue to provide a reliable service to the public. It is composed of projects necessary to upgrade, replace, and rehabilitate aging facilities across the Sanitation District's system in central and northern Orange County. These include facilities at Reclamation Plant No. 1 in Fountain Valley, Treatment Plant No. 2 in Huntington Beach, the sewer collection system, and improvements at various pump stations. The project area spans 15 cities as well as jurisdictional areas in the County of Orange. The EIR is a combined Program/Project EIR, including 30 projects that are assessed at the project level, 45 at the program level. An innovative aspect of the project is an interactive project map and a web -based approach to public scoping developed by Dudek. This EIR was certified in December 2020, and the first Notice of Determination under the Facilities Master Plan was filed in February 2021. On Call Env opy'l.buncif"" 2 16 —115 3/21 /2023 �r' QocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 DUDE K References Table 3. Dudek Client References Orange County Adam Nazaroff, Engineering Sanitation District Supervisor; anazaroff@ocsd.com; 714-962-2411 Facilities Master Plan Program EIR Orange County Public Jaynes Volz, Project Manager; Ladd Canyon Bridge Replacement Project Works James.Volz@ocpw.ocgov.com; MN❑ 714-834-4000 OCPW Habitat Creation, Restoration, and Enhancement Services Orange County Julia Bidwell, Director, Housing Cartwright Family Apartments HUD EA Department of Housing & Community Development; and Community julia.bidwell@occr.ocgov.com; Development 714.480.2991 On -Call Env i y �ounci�eS 16 —116 3/21 /2023 �4 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 SCOPE OF SERVICES AND SCHEDULE CEQA/NEPA Documents In our 41-year history, Dudek has prepared more than 3,200 CEQA and NEPA documents. We have a wide range of experience preparing initial studies ([Ss), negative declarations (NDs)/MNDs, and EIRs under CEQA as well as preparing Categorical Exclusions, environmental assessments, findings of no significant impact, and environmental impact statements (EISs) under NEPA. NDs/MNDs Task 1. Kickoff Immediately following authorization to proceed on a project, the Dudek project management team will conference with City staff to discuss existing information, Information gaps, the schedule, and the project description. We will discuss the latest practices to be followed in the preparation of the NDs/MNDs. Following the kickoff meeting with City staff, we will provide meeting notes. The Dudek project manager will immediately mobilize our staff and subconsultants, and distribute appropriate information to the team on which to base the environmental analysis for the project. Task 2. Project Schedule Dudek will submit a draft schedule at the time of submittal of a detailed work plan for a task order. Immediately following the kickoff meeting, we will adjust the schedule, as necessary, to reflect our growing understanding of the project and to account for any potential changes in the scope. Schedules for NDs and MNDs should not exceed 1 year in length from initial kickoff conference to Council consideration of the ND/MND unless specific complications or project changes arise. Our designated project manager and principal in charge will commit our team to the agreed -upon schedule and submit a final schedule to the City. Task 3. Preparation of the IS Dudek will prepare an IS that will either lead to the adoption of an N❑ or MND, or require preparation of an EIR. An administrative draft IS will be submitted for staff review prior to finalizing. We will initiate the preparation of an !S by first drafting a detailed project description. The project description is essential to demonstrate a common understanding of the project being analyzed in the lS. The project description will be prepared using the information gathered in Task 1. Developing an accurate baseline setting is essential to serve as the foundation for the environmental analyses. Following the collection and review of existing information and field surveys of the project area, we will synthesize the data into a detailed project description, accompanied by graphics and maps. We will submit a draft of the project description to the City for approval early in the process to verify that we share a common understanding of the project being evaluated. We understand that projects frequently change and develop, and are not always fully defined at the start of the environmental review process. Our staff will work closely with City staff to develop a working project description that provides maximum flexibility for the environmental analysis as we proceed through the environmental review process. or, can Er'Vt°fiy' oundfo16 —117 3/21 /2023 ` 1 DocuSign Envelope 10. FC7E9348-8A22-4923-BD05-AA3CAO439841 DUDEK The administrative draft IS will include an evaluation of all of the environmental resources contained in the CBQA Appendix G environmental checklist. The analysis of each of the environmental disciplines will contain an inventory of the existing conditions, analysis of impacts, identification of the magnitude of the impacts as compared to the baseline, and the level of significance for each environmental discipline, as appropriate. Dudek will work closely with City staff to identify mitigation measures, if necessary and where appropriate, that will minimize impacts to levels below significance thresholds. The impact analysis will be based on both quantitative and qualitative analysis, and may require the preparation of technical studies, or the synthesis of existing available studies to support the analysis. We will submit the administrative draft IS/ND or IS/MN❑ to the City for review. Following the review of the document by City staff and the incorporation of any comments and revisions requested, we will prepare a public draft IS/ND or IS/MND for public review. Task 4. Transmittal of Public Review Draft ISIND or IS/MND Dudek will make any final changes and revisions to the IS/ND or ISIMND as requested by City staff, and will reproduce and distribute the documents for public review. We will distribute the documents to organizations and individuals on a mailing list provided by the City, and prepare appropriate transmittal letters. Dudek will also prepare the notice of completion (for State Clearinghouse involvement) and notice of intent (NQI) to adopt an ND or MND. Dudek will distribute the documents to the approved mailing list in both hardcopy and CD format, as directed by City staff. We will also provide the City with electronic versions of the documents ready for web posting. Task 5. Public Meetings/Hearings The project manager and key technical staff, as applicable, will be available to attend all public meetings and hearings throughout the CEQA process. We will also be ready to prepare materials and presentations for these meetings. These may include public community meetings and City Planning Commission and Council hearings on the project. We will also be available for team coordination meetings with City staff throughout the project. -i aSK 6, Final IS/ND or IS/MND Dudek will compile all comments received during the public review period, annotate the comments, and evaluate comments' relevance to addressing project impacts. While formal written responses to comments are not required for an N❑ or MND, prudent practice is to provide written responses for all IS/NDs and IS/MNDs. We will collaborate with City staff on appropriate strategies to consider the comments during the City Council deliberations on the project. Dudek staff will draft responses to comments for City staff review, and make any modifications upon receiving comments from staff. Based on the comments on the draft IS/ND or ISIMND, Dudek will provide a technically sound, CBQA- compliant final IS/ND or ISIMND. The final ISIN❑ or ISIMND will include redline/strikeout text in an errata to the draft IS/ND or IS/MND. We will submit the administrative final IS/ND or ISIMND to the City for review. Following the review of the administrative final IS/ND or IS/MND by City staff and the incorporation of any comments and revisions requested by the City, we will provide hardcopies and CDs of the final IS/ND or IS/MND, inclusive of the comments and responses to comments, as directed by the City. On -Call Env o ni i a erw (7IS -' �I y ouncif 16 —118 3/21/2023 QocuSign Envelope ID: FC7E9346-8A22-4923-BQ05-AA3CA0439841 DUDEK Dudek will prepare a mitigation monitoring and report program for each proposed project that includes mitigation measures. The mitigation monitoring and report program will include all accepted mitigation measures, along with the following: the project period to which the measure applies (i.e., construction, operation, pre--!post-occupancy), future review or reporting requirements involved in a measure, the responsible party for implementing and enforcing the mitigation, requirements for monitoring by outside agencies, and monitoring and reporting frequency. Dudek will also compile the Administrative Record for the City as the project progresses so that we can turn over the files Immediately upon project concluslon- EIRs/EISs Task .l. Ku+(3rf This task will be the same as outlined under Task 1 for NDs/MNDs- Task 2. Project Schedule Dudek will submit a draft schedule at the time of submittal of a detailed work ptan for a task order. Immediately following the kickoff meeting, we will adjust the schedule, as necessary, to reflect our growing understanding of the project and to account for any potential changes in the scope- Schedules for EiRs and EISs should not exceed 18 months in length from initial kickoff to City Council consideration of the Final EIR (or EIR/EIS), unless specific complexities or changes in the project description arise. Our designated project manager will commit our team to the agreed -upon schedule and submit a final schedule to the City. Task 1 NOP/N01 In the preparation of an EIR or EIR/EIS, the environmental documents only need to address potentially significant impacts. Thus, an IS may be used as part of the notice of preparation (NOPj or NOPINOI process to narrow down the scope of the EIR or EIR/EIS to focus on pertinent issues of concern. Dudek will prepare an ISMOP or ISINOPINOI (the latter if an EIS is required due to federal involvement) to initiate the environmental review process and to solicit comments from agencies, organizations. and interested individuals, The IS will be based on the environmental checklist in Appendix G of the CEQA Guidelines. We will submit the administrative draft ISINOP or ISINOPINOI to the City (and the federal lead agency) for review. Task 4. Transmittal of the NOP or NOP/NOI Dudek will make any final changes and revisions to the ISINOP or IS/NOPINOI requested by City (and federal agency) staff. reproduce and distribute the documents for public review to organizations and individuals on a mailing list provided by the City, and prepare appropriate transmittal letters. We will also prepare the notice of completion (for State Clearinghouse involvement). Dudek will distribute the documents to the approved mailing list in both hardcopy and C❑ format, as directed by City staff. We will also coordinate with federal agency staff for publication of the NOI in the Federal Register, provide draft notices for distribution to area newspapers, and provide electronic versions for posting to the City website Following the review of the administrative draft EIR or EIR/ElS by City staff (and the federal lead agency), Dudek will incorporate any final revisions and address any remaining comments as requested by the City (and potentially the federal lead agency). We will provide Spanish translations of the Executive Summary and any other summary documents (e.g., Readers Guide), which will be made available during public review, Padilla and Associates is on our team to assist with public outreach and Spanish translation of meeting notices. Onfall Env 'a r�iP i a erv.{'es �i y G�ouncif 16 —119 3/21/2023 QocuSign Envelope ID. FC7E9348-8A22-4923-BQ05-AA3CAO439841 DUDEK Task 5. Scoping Meeting Dudek will work with City staff to organize and participate in a scoping meeting to solicit public input on the scope of the EIR or EIR/EiS. We will work with City staff to determine the most appropriate format for the scoping meeting (i.e., open house or community presentation) and prepare all materials necessary for the scoping meeting (e.g.. PowerPoint presentation, comment cards, sign -in sheets, handouts, poster boards). We will provide a translation of notices and materials into Spanish, if necessary. Task 6. Administrative Draft EIR The EIR or EIR/EIS will include a discussion of the existing physical and regulatory setting and impact analysis, including methodology and thresholds, mitigation measures, and residual impacts following the implementation of the mitigation measures. As described, the impact analysis will focus on the environmental issues that are determined to result in potentially significant impacts during the NCP or NDP/NDi and scoping processes. The impact analysis will be based on CEQA Guidelines Appendix G and the latest guidance from the City. The impact analysis will be based on both quantitative and qualitative analysis, and may require the preparation of technical studies or the synthesis of existing available studies to support the analysis. The EIR or EIR/EIS will include all required content pursuant to CEQA/NEPA, including an alternatives analysis, cumulative impacts analysis, and an assessment of growth -inducing impacts. Dudek will work closely with the City (and as necessary, the federal lead agency} to identify and screen a reasonable range of alternatives for analysis in the FIR or EIR/EIS. These alternatives will be based on their ability to feasibly attain most of the project objectives while avoiding or substantially lessening the potentially significant environmental impacts of the proposed project. The cumulative impacts analysis will focus on the potential for environmental impacts from this project, along with other proposed and reasonably foreseeable projects in the area. The list of cumulative projects will be developed in coordination with City staff. The project's contribution to the overall cumulative baseline will be evaluated and discussed, and cumulatively considerable impacts will be identified. We will also summarize the significant unavoidable impacts resulting from the project, and will identify any significant irreversible changes and irretrievable commitments of the environment, and will provide an explanation of issues found not to be significant during the IS process, as well as effects that were studied in the EIR that were determined to be less than significant. We will submit the administrative draft EIR, or FIR/EIS, to the City (and federal lead agency) for review_ Following the review of the document by City staff {and federal lead agency} and the incorporation of any comments and revisions requested, we will prepare a public draft EIR for public review. Tasks 7. Preparation and Transmittal of Public Review Draft EIR or EIRUS Dudek will work with City staff to secure a mailing list, and prepare the notice of availability and appropriate transmittal letters. Dudek will also prepare the notice of completion (for State Clearinghouse involvement) and post the notice of availability with the County Clerk. Dudek will distribute the documents to the approved mailing list in both hardcopy and CD format, as directed by City staff. Document distribution will use certified mail, regular mall, and FedEx or other form of distribution that can provide tracking records. We will also coordinate with federal agency staff for publication of the notice in the Federal Register, provide draft notices for distribution to area newspapers, and provide electronic versions suitable for posting to the City's website. On -can TOi y' ounci{fes H�_H4t - 16 — 120 3/21/2023 DocuSign Envelope IQ: FC7E9348-8A22-4923-BQ05-AA3CA0439841 DUDEK Task 8. Public Hearing; This task would be the same as outlined for Task 5 under NDs/MNDs. Tasks 9. Final EIR or FIR/EIS Dudek will compile all comments received, and evaluate comments as to their relevance in addressing project impacts. We will collaborate with City staff on appropriate strategies to address the comments received. Dudek staff will draft responses to comments for City staff review, and make any modifications upon receiving comments from staff. Based on the comments on the draft EIR or EIR/EIS, Dudek will prepare an administrative draft final EIR or EIR/EIS. The final EIR or EIR/EIS will include redline/strikeout text to highlight changes in the document, along with an errata chapter, and the comments and responses to comments. Dudek will also prepare a draft mitigation monitoring and report program, which will identify the impacts, mitigation measures, timing of implementation, method of implementation, and responsible parties. Following the review of the administrative final FIR or FIR/ElS by City staff (and the federal lead agency), Dudek will incorporate any revisions and address comments as requested by the City (and the federal lead agency). We will submit a Screencheck version of the Final EIR or EIR/EIS for final review, addressing any final revisions or comments. Dudek will compile the Administrative Record for the City as the project progresses so that we can turn over the files immediately upon project conclusion. Dudek will also work with the City in the preparation of the findings of fact and statement of overriding considerations (if necessary) We will submit draft and final versions of these documents. Technical Studies The preparation of ISs/NDs/MNDs, EIRs, and Elss will require technical analysis to support conclusions made in the documents. Our in-house environmental experts have completed technical studies and environmental reports that cover all environmental disciplines. A consistent theme across all projects is our focus on problem solving and using the right tools to deliver successful outcomes. Engineering Support Our engineers plan, entitle, and design land development and infrastructure projects. We understand the importance of adhering to tight regulations, aggressive schedules, and narrow budgets. Simultaneously, we navigate and comply with conditions of approval to design projects that are practical, economically viable, and realistic given the regulatory environment. Our team includes LEED- accredited staff trained to create environmentally sensitive and low -impact designs that accomplish desired results and produce sustainable infrastructure. Stormwater Drainage and Regulatory Compliance. Our engineers are experts in surface water and stormwater drainage, including hydrology and hydraulic analysis_ We have prepared numerous stormwater pollution prevention plans, water quality management plans, and dust control plans for our clients, and have experience with erosion and sediment control related to environmental compliance. In addition, we prepare environmental constraints analysis, analyzing slopes, drainage, and the geology of a project site. 0n Call En i yI ounci{f _ 16 — 121 3/21 /2023 `' QocuSign Envelope 10. FC7E9346-8A22-4923-BQ05-AA3CAO439841 DUDEK Site Development. Our engineers are experts in site development, including site plans and preliminary engineering. We have experience in mass, rough, and precise site grading, as well as preparing tentative and final parcel maps and tract maps for development. Our staff provides third -party plan check services, peer review, and value engineering to public and private clients. Infrastructure and Transportation Planning and Design- Our engineers plan and design infrastructure for water, sewer. and storm drain systems. We also offer comprehensive transportation planning and design for paved roads, all weather access, pedestrian walkways, and Americans with Disabilities Act compliance. Public Outreach Dudek has teamed with Katherine Padilla & Associates (KPA), Inc., who will be providing outreach services for this contract- KPA is a full -service communication firm founded in 1994, and their services include strategic community outreach and public information campaigns, community meetings and workshops online and in -person, community -based research including focus groups and interviews, branding and graphic design, social media management, photography and video production, translation services, and much more. Its diverse team of eight includes members fluent in Spanish, Tagalog and Korean- KPA is also certified WBE, DBE. MBE and SBE. KPA's senior staff combine multidisciplinary technical and marketing skills with soft interpersonal skills. intangible necessities gleaned only from extensive experience and training. Its senior staff has deep knowledge in areas such as planning, design, engineering, environmental review, and construction. Within KPA's staff, each offers more than 15 years of hands-on experience in his or her field. Working proactively and sensitively, KPA senior staff averts crises and solve problems before they become issues, challenges many firms do not recognize until they have deteriorated into calamity. Our talents, training, and experience uniquely position us to communicate meaningfully with our clients, technical team members and the community - Since its inception, KPA has worked on projects in Orange, Los Angeles, Santa Barbara, Riverside, San Bernardino, Imperial, San Diego and Ventura Counties. in Santa Barbara County, KPA is working on the Santa Maria Levee Trail Study. In Ventura County, they're working on the multi -year Ventura County Transportation Commission Comprehensive Transportation Plan. A sampling of past and current projects include the following: ■ City of Santa Ana Downtown/Transit Zone Complete Streets • City of Santa Ana Safe Route to School • City of Costa Mesa Pedestrian Master Plan • City of Santa Monica North Beach Trail Improvement Project ■ Santa Barbara County Association of Governments Santa Ynez Valley Traffic Circulation and Safety Study • County of Santa Barbara, Santa Maria River Levee Trail Study ■ City of Escondido Grape Day Park Master Plan & Playground Design/Construction • Metro LA River Path Project ■ Metro East San Fernando Valley Light Rail Transit Project AA, EIR, and First -Last Mile Plan oncr{II Er,vy�oply, Oundfe' 16 — 122 3/21/2023 QocuSign Envelope IC: FC7E9348-8A22-4923-BQ05-AA3CAO439841 DUDEK • City of LA 7th Street Streetscape Improvement Project • Metro Mobility Matrix — San Fernando Valley and Las Virgenes/Malibu Subregion City of Calexico Transit Study On -Call Staff Consulting Dudek has performed as -needed and extension -of -staff contracts for more than 170 cities, counties, state agencies, and water and wastewater districts throughout California. Our as -needed staffing helps public agencies cost-effectively: ■ Manage technical staffing levels to meet short-term or long term needs in response to fluctuating workloads ■ Quickly access specialized technical expertise to supplement staff for complex projects challenges • Use contract technical staff with experience working seamiessly as part of municipal staff for positions that interact with the public We are well versed in the needs of local cities, agencies, and water districts, and we bring our depth of technical knowledge, experience, and successful project management approach to each project. Our professionals are trained to understand the agency's processes and apply our expertise within that structure. The result is maximized efficiency without sacrificing valuable time and energy. Dudek has built a strong reputation for helping public officials effectively progress through California's ever-increasing regulatory maze, providing the appropriate team of experienced scientific, engineering, and regulatory professionals. Our comprehensive approach and experience will provide the City with the following: • The Right People. We provide an experienced project manager who will draw from ❑udek's 700f environmental professionals to bring the appropriate expertise to your project, considering project needs and available budget, ■ Local Understanding. We hit the ground running, thoroughly researching the issues, discussing with your key staff, and bringing a key understanding of California's regulatory laws and in-depth knowledge of the City's service area and related environmental issues. We have worked in the City on diverse projects such as Centennial Park Lake and our staff has worked on the 1-5 HOV Lanes from SR-55 to SR-57 project. • Strong Reputation with Regulatory Agencies. our professional scientists and planners have established strong working relationships with the local staffs of California's regulatory agencies, which is vital for keeping projects moving and obtaining final approvals. We are knowledgeable about the inter -agency agreements and focal regulations- • Cost -Conscious Solutions. Our staff focus on Implementation, and are cost-conscious. We know City's budget constraints, and will collaborate with your staff to achieve a cost-effective approach for compliance- ■ Collaborative Team Work. Our project managers recognize the importance of being part of the City team. We work with staff and customers in a professional, collaborative, and friendly manner. On -Call En o !rne i.a . (-rv.i -01, .r 2 � 2 iy touncll 16 — 123 3/21/2023 QocuSign Envelope 10. FC7E9346-8A22-4923-BQ05-AA3CA0439841 DUDEK In-depth Experience. Our project teams have worked with dozens of agencies on a wide variety of difficult projects. We will provide you and your staff varying perspectives on scoping and cost based on our experience successfully completing hundreds of municipal projects. Prompt Communication. We provide frequent and regular reporting on key work tasks, meetings, and processes. We get in front of developing problems by keeping you informed when City staff may need to get involved, and offer alternatives to mitigate unnecessary delays. We respond quickly to requests and emergencies; as needed. Comprehensive Service. We are a one -stop shop for your regulatory needs. Complementing our array of in-house expertise is our wide network of top-notch teaming partners throughout California. We will provide the City with a highly qualified, locally knowledgeable team of professionals who regularly work together to effectively complete difficult environmental and regulatory projects throughout California. an Call Env opy l.0uncif"" - 16 — 124 3/21 /2023 DocuSign Envelope ID. FC7E9346-8A22-4923-BD05-AA3CAO439841 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NQNN-COLLUSION AFFIDAVIT (I'itle 23 United States lode Section t 12 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section, 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any Other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of _';Ik" Nc)a Subscribed and sworn to (or affirmed) before me tin this 9*ti day of Ccf 20-4 by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before toe. N tart' k'ul is Signature 11KTH�MY .I 811TLER y N{Hdry NG(, go Cpun[Y wntvYlffq i Sul 17ir Commts�iun r Z�8�ip7L� MY Comm. [ ■pxn Apr 8, to Notary Public Seal City of Santa Ana RFP Page A3-1 City Council 16 — 125 3/21/2023 DocuSign Envelope 10. FC7E9346-8A22-1923-BD05-AA3CAO439841 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this hid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shalt complete and submit a "Disclosure of Lobbying Activities"_ This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section la'52, 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 mid that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date l r) Joseph Monaco Dudek City of Santa Ana RFP City Council Page 77f6 — 126 3/21/2023 QocuSign Envelope 10. FC7E9348-8A22-4923-BQ05-AA3CAO439841 Appendix ATTACHMENT 3-3: NUN -DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: L The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall fumish 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 1I246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1 ) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP City Council 6 — 127 3/21/2023 QocuSign Envelope ID. FC7E9346-8A22-4923-6Q05-AA3CA0439841 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. g. 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: %Josepn Monaco President/Chief Executive OfficerFirm: Date: lV / ,;,1 Z City of Santa Ana RFP City Council payt 16-128 3/21/2023 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 EXHIBIT C CONSULTANT'S FEE & COSTS PROPOSAL City Council ` 16 — 129 3/21/2023 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 DUDEK 2022 Standard Schedule of Charges Engineering Services Project Director...................................................................... $305.00/hr Principal Engineer Ili.............................................................. $285.00/hr Principal Engineer II............................................................... $270.00/hr Principal Engineer I................................................................ $260.00/hr Program Manager ............ ........ ........ ........ ........ ........ ........ ......$250.00/hr Senior Project Manager......................................................... $250.00/hr Project Manager.... .......... . ................................................... $245.00/hr Senior Engineer lll.................................................................. $235.00/hr Senior Engineer II.................................................................. $225.00/hr Senior Engineer I................................................................... $215,00/hr Project Engineer IV/Technician IV ......................................... $205.00/hr Project Engineer III/Technician III .......................................... $195.00/hr Project Engineer II/Technician ll............................................ $180.00/hr Project Engineer I/Technician I ............................................. $165.00/hr Senior Designer...................................................................... $185.00/Inr Designer......-......................................................................... $175.00/hr Assistant Designer.... ... ....... ....... ....... $170.00/hr CADD 0perator III................................................................... $165.00/Inr CADD Operator II.................................................................... $155.00/hr CADD Operator I..................................................................... $140.00/hr CARD Drafter. ... .............. ............... ............... ............... ...... $125.00/hr CADD Technician...... ... --...................................................... $115.00/hr Project Coordinator................................................................ $140.00/hr Engineering Assistant............................................................ $120.00/hr Environmental services Project Director .......................... ........ ........ ........ ........ ........ - ...... .... .. $255.00/hr Senior Specialist IV........................................................................... $235.00/hr Senior Specialist III.......................................................................... $225.00/hr Senior Specialist Il........................................................................... $205.00/hr Senior Specialist I ...... .......................................... --........................ $195.00/hr SpecialistV........................................................................................ $185.00/hr Specialist IV....................................................................................... $175.00/hr Specialist III...................................................................................... $165.00/hr Specialist II ........................ .... --... .... --.... ........ .............................. $150.00/hr Specialist I ................................. ................ -....... ................ ...... ,....... $135.00/hr Analyst V........................................................................................... $125.00/hr Analyst IV.......................................................................................... $115.00/hr Analyst Ill........................................................................................... $105.00/hr AnalystII............................................................................................... $95.00/hr AnalystI................................................................................................ $85.00/hr Technician III....................................................................................... $75.00/hr Technician II........................................................................................ $65.00/hr Technician I..........................................................................................$55.00/hr Mapping and Surveying Services Application Developer II.................................................................. $195.00/hr Application Developer I................................................................... $155.00/hr GIS Analyst V.... ....... ---- ......................... ........................... $205.00/hr GIS Analyst IV................................................................................... $165.00/hr GIS Analyst III.................................................................................... $145.00/hr GIS Analyst II..................................................................................... $130.00/hr GISAnalyst I...................................................................................... $115.00/hr UAS Pilot... ............... ........ $115.00/hr Survey Lead..................................................................................... $185.00/hr Survey Manager.............................................................................. $135.00/hr Survey Crew Chief............................................................................ $115.00/hr Survey Rod Person. ... $95.00/hr Survey M app I ng Tech n ician.............................................................. $95.00/hr Construction Management Services Hydrogeology/HazWaste Services Project Director.. ... ....... ....... .................................... $305.00/hr Principal Hydrogeologist/Engineer II ..................................... $280.00/hr Principal Hydrogeologist/Engineer i...................................... $260.00/hr Senior Hydrogeologist V/Engineer V.. ............... ....... ...... ... $240.00/hr Senior Hydrogeologist N/Engineer IV ................................... $230.00/hr Senior Hydrogeologist III/Engineer Ill. ....................... ........... $220.00/hr Senior Hydrogeologist II/Engineer II ...................................... $210.00/hr Senior Hydrogeologist I/Engineer i.... -- .... -- ....................... $200.00/hr Project Hydrogeologist V/Engineer V..................................1. $185.00/hr Project Hydrogeologist IV/Engineer IV .................................. $175.00/hr Project Hydrogeologist III/Engineer III...................................$165.00/hr Project Hydrogeologist II/Engineer II ..................................... $155.00/hr Project Hydrogeologist I/Engineer I ....................................... $145.00/hr HydrogeoIogist/Enginee r1ng Assistant .................................. $120.00/hr District Management & Operations District General Manager-.-. ... ... -.-- ....................... ... . $210.00/hr District Engineer..................................................................... $205.00/hr Operations Manager............................................................. $160.00/hr ❑istrict Secretary/Accountant.............................................. $1.35,00/hr Collections System Manager ................................................. $135.00/hr Grade V Operator ...... ........ ........ ................ .................... -- ... .$125.00/hr Grade IV Operator.. ... -...... -...... --... --................................ $110.00/hr Grade Ill Operator..................................................................$100.00/hr Grade II Operator... ............... ............... ............... .................. $80.00/hr Grade I Operator...................................................................... $75.00/hr Operator in Training................................................................. $75.00/hr Collection Maintenance Worker ............................................. $75.00/hr Creative Services Creative Services IV............................................................... $165.00/hr Creative Services III............................................................... $150.00/hr Creative Services II................................................................ $135.00/hr Creative Services I................................................................. $120.00/hr Publications Services Technical Editor IV................................................................. $165.00/hr Technical Editor III.................................................................. $150.00/hr Technical Editor II................................................................... $135.00/hr Technical Editor I.................................................................... $120.00/hr Publications Specialist IV ....................................................... $120.00/hr Publications Specialist III ....................................................... $110.00/hr Publications Specialist II ........................................................ $100.00/hr Publications Specialist I ........................................................... $90.00/hr Clerical Administration............................................................. $90.00/hr Forensic Engineering - Court appearances. depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - MINmurn charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Servioes - subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct test. Travel Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices, Late urges - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance untlI paid in full. Annual Increases - Unless identified otherwise, these standard rates will increase 3%annually. The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly. Principai/Manager................................................................. $195.00/hr Senior Construction Manager ............................................... $185.00/hr Senior Project Manager......................................................... $175.00/hr Construction Manager...... ... ....... ....... ....... ....... ....... ..... $160.00/hr Project Manager ... ........ ........ ........ ........ ........ - ...... - ...... - ...... .. $150.00/hr Resident Engineer. ... ....... ....... - - ......... $150.00/hr Construction Engineer..... . .............. . ............... .............. - - $ 15 0, 00/h r On -site Owner's Representative ............................................ $140.00/hr Prevailing Wage InSpector ......-.--.......... ........ .. .............. .......$139.00/hr Construction Inspector.. ....... ....................................... $ 135. 001h r Administrator/Labor Compliance .......................................... $100.00/hr DUQXyrKouncil 16 - 130 E11-1-11:1977nny1, 2022 QocuSign Envelope ID; FC7E9346-8A22-4923-BD05-AA3CA0439841 Appendix ATTACHMENT 4 CALTRANS ATTACHMENTS Please see below. City Council City of Santa Ana RIB-2tS9 5 3/21/2023 Page Aa-1 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment ExHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description: On -call Environmental Services 4. Project Location: City of Santa Ana 5. Consultant's Name: Dudek 8. Total Dollar Amount for ALL SubconsuItants: 2. Contract DBE Goal: 8%, $76,000 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: $950,000 $ 85,500.00 9. Total Number of ALL Subconsultants: 2 10. Description of Work, Service, or Materials Supplied 11, DBE Certification Number 12, DBE Contact Information 13, DBE Dollar Amount Public Relations, Community Outreach 31053 Katherine Padilla & Associates, Inc. $ 28,500.0 Katherine Padilla Otanez, 323.258.5384 kpadilla@katherinepadilla.com Transportation 40083 CR Associates (Chen Ryan Associates) $ 57,000.0 Monique Chen, 619.795.6086 mchen@cramobility.com Local Agency to Complete this Section 85'S00 20. Local Agency Contract Number: 14. TOTAL CLAIMED DBE PARTICIPATION 9.00 30 21. Federal -Aid Project Number: 22. Contract Execution Date: Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 119l23 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Jody Barth 760.479.4288 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Accountant 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. original — Local Agency 2. Copy — CaItrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89. Sacramento, CA 95814. City Council 16 — 132 Page 1 of 2 3/21 /202guly 23, 2015 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. b. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE, See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firmmust sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitmentform. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. City Council 16 — 133 Page 2 of 2 3/21 /202guly 23, 2015 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant: Dudek X Prime Consultant Subconsultant Project Number: On -Call Environmental Services Contract Number: Participation Amount: 2nd Tier Subconsultant Date 1.30.23 For Combined Rate: Fringe Benefit % + General & Administrative% = Combined ICR% 161.61% For Home Office Rate: Fringe Benefit % + General & Administrative% = Combined ICR% For Field Office Rate: Fringe Benefit % + General & Administrative% = Combined ICR% Fcc = 13% Billing Information Calcluation Information NamelJoh TitlelClascitication Straight OT (1.5) OT2(2x) Effective Date of Hourly Ratl Actual or %or $ Hourly Range - For From To Average Increase Classification ❑niv Rachel strnnKlia $ $ 354.62 365,26 $ $ 531.94 547.89 5 709.25 S 730.52 1/1/2023 1/1/21)24 12/31/2023 1213112024 $ $ 119.96 123.56 3% Not Applicable $ 36526 $ 547-99 S 730.52 1/1/2025 1131/2025 $ 123.56 3% $ 376,22 $ 564,33 S 752.44 1/1/2026 IZ13112026 $ 127,27 3% Jason Refnolds $ $ 285.56 294,12 $ $ 428.34 441.19 5 571.11 S 588.25 1/1/2023 1/1/2024 12/31/2023 12131/2024 $ $ 96.60 99A9 3% Not Applicable $ 294.12 $ 441.19 S 588.25 1/1/2025 12/31/2025 $ 99.49 3% $ 302,95 S 454.42 S 605.89 1/1/2026 12/31/2026 $ 102,48 3% Ales Hard? $ $ 204.27 210,40 $ $ 306.40 315.59 S 408.54 S 420.79 1/1/2023 1I1/2024 12/31/2023 12/3 W024 $ $ 69.10 71.17 3% Not Applicable $ 210,40 $ 315.59 S 420.79 1/1/2025 12/31/2025 $ 71,17 3% $ 216.71 $ 325.06 S 433.42 1/1/2026 12/31/2026 $ 73.31 3% Patrick Crux $ $ 129,26 133.14 $ $ 193.99 199.71 S 258.52 S 266.28 1l1/2023 1/1/2024 12/31/2023 12/31/2024 $ $ 43.73 45.04 3% Not Applicable $ 133,14 $ 199.71 S 266.28 1/1/2025 12/31/2025 $ 45,04 3% $ 137.13 $ 205.70 S 274.27 1/1/2026 12/3W026 $ 46.39 3% Andrei -lalhert $ $ 135,02 139.07 $ $ 202.53 208.60 S 270.04 S 278.14 lll/2023 1/1/2024 12/3112023 12/31/2024 $ $ 45.67 47.04 3% Not Applicable $ 139,07 $ 208.60 S 278,14 l/l/2025 12/31/2025 $ 47,04 3% $ 143.24 $ 214.86 $ 286.48 1/l/2026 12131/2026 $ 48.45 3% Josh Saunders $ $ 164,38 169.31 $ $ 246.56 253.96 S 32835 S 3W61 1/1/2023 1/1/2024 12/31/2023 12/31/2024 $ $ 55.60 5727 3% Not Applicable $ 169,31 $ 253.96 S 338,61 1/1/2025 12/31/2025 $ 57,27 3% $ 174.39 $ 261.58 S 348.77 1/1/2026 12/3W026 $ 58.99 3% Jennifer Reed $ $ 236,43 243.52 $ $ 354.64 365.28 S 472.86 S 487.04 1/1/2023 1/1/2024 12/31/2023 12/31/2024 $ $ 79.98 92.38 3% Not Applicable $ 243,52 $ 365.28 S 487.04 1/1/2025 12/3112025 $ 82,38 3% $ 250.83 $ 376.24 S 501.65 1/1/2026 12/31/2026 $ 94.85 3% 7onnnny Molioo $ $ 150.19 154.69 $ $ 225.27 232.03 S 300.36 S 309.37 1/1/2023 1/1/2024 1213112023 12/31/2024 $ $ 50.90 52.33 3% Not Applicable $ 154,69 $ 232.03 S 309,37 1/1/2025 12/31/2025 $ 52,33 3% $ 159.33 $ 238.99 S 318.65 1/l/2026 1213W026 $ 53.90 3% Adana Giaanlo $ $ 228,89 235,76 $ $ 343.34 353.64 S 457.78 S 471 L52 1/1/2023 1/1/2024 12/31/2023 12/31/2024 $ $ 77.43 79.75 3% Not Applicable $ 235,76 $ 353.64 S 471.52 1/1/2025 12/31/2025 $ 79,75 3% $ 242.83 $ 364.25 $ 485.66 1/1/2026 12/31/2026 $ 92.14 3% Eric Schniexind $ $ 178,97 194,33 $ $ 269.45 276.50 S 357.93 S 3W67 1/1/2023 1/1/2024 12131/2023 12/31/2024 $ $ 60L54 62.36 3% Not Applicable $ 184,33 $ 276.50 S 368.67 1/1/2025 12/31/2025 $ 62,36 3% $ 189.86 $ 284.80 $ 379.73 1/1/2026 12/31/2026 $ 64.23 3% Michael Williams $ $ 136,86 140.97 $ $ 205.29 211-45 S 273.72 S 281.93 lll/2023 1/1/2024 1213W023 12/31/2024 $ $ 46.30 47.69 3% Not Applicable $ 140,97 $ 21 L45 S 281,93 1/l/2025 12/31/2025 $ 47,69 3% $ 145.20 $ 217.79 S 290.39 1/l/2026 12131/2026 $ 49.12 3% Glenna.McMahon $ $ 341,11 351.34 $ $ 511.66 527.01 $ 682.22 S 702.69 1l1/2023 1/1/2024 1213W023 1131/2024 $ $ 115.39 118.85 3% Not Applicable $ 351,34 $ 527.01 S 702,69 1/1/2025 12/31/2025 $ 118,85 3% $ 361.88 $ 542.93 S 723.77 1/1/2026 12131/2026 $ 122.42 3% Mark Storm $ $ 244.32 251.65 $ $ 366.48 377.48 S 498.64 S 503.30 1l1/2023 1/1/2024 12131/2023 12/31/2024 $ $ 82.65 85.13 3% Not Applicable $ 251,65 $ 377.48 S 503.30 l/112025 12/31/2025 $ 85.13 3% $ 259.20 $ 388.80 S 518.40 1/l/2026 12/31/2026 1 $ 97.68 3% City Council 16 - 134 3/21/2023 DoouSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures 4laaual EXIIIBIT 10-H2 Cnsr Proposal Haley Ward $ 85.36 $ 87.92 $ 128.04 $ 131.88 S 170.72 S 17M4 1/1/2023 1/112024 12131/2023 12/31/2024 $ 28S8 $ 29.74 3% Not Applicable S 87.92 S 13l.88 S 175.84 1/1/2025 12/31/2025 $ 29.74 3% $ 90.56 $ 135.94 S 181.12 1/1/2026 12/31/2026 $ 30.63 3% Dennis Pascua $ 256.96 $ 264.67 $ 385.44 $ 397.00 S 513.92 S 529.33 1/1/2023 1/1/2024 1213W023 12/31/2024 $ 86.92 $ 89.53 3% Not Applicable S 264,67 S 397.00 S 529.33 1/112025 12/31/2025 $ 89.53 3% $ 272.61 $ 408.91 S 545.21 1/1/2026 1213 W026 $ 92.22 3% Charles Creely $ 361.57 $ 372.41 $ 542.35 $ 558.62 S 723.13 S 744.82 1/1/2023 1/112024 1213 W023 12/31/2024 $ 122.31 $ 125.98 3% Not Applicable S 372.41 S 558.62 S 744.82 1/1/2025 12/31/2025 S 125.98 3% $ 383.58 $ 575.38 $ 767.17 1/1/2026 1213W026 $ 129.76 3% Michael fluff $ 345.57 $ 355.94 $ 518.36 $ 533.91 S 691.14 S 711.88 1/1/2023 1/112024 1213112023 12/31/2024 $ 116.90 $ 120.40 3% Not Applicable S 355.94 S 533.91 S 711.88 1/1/2025 12/31/2025 S 120.40 3% $ 366.62 $ 549.93 S 733.23 1/1/2026 12/31/2026 $ 124.02 3% Dana Link-rlerrera $ 127.91 $ 131.75 $ 191.97 $ 197.62 S 255.82 S 263.50 1/1/2023 1/112024 12/31/2023 12/31/2024 $ 43.27 $ 44.57 3% Not Applicable S 131.75 S 197.62 S 263.50 1/1/2025 12/31/2025 S 44.57 3% $ 135.70 $ 203.55 $ 271.40 1/1/2026 121311202E $ 45.90 3% Jane Cray $ 215.99 $ 222.47 $ 323.99 $ 333.71 S 431.98 S 444.94 1/1/2023 1/1/2024 1213112023 12/31/2024 $ 73.06 $ 75.26 3% Not Applicable S 222.47 S 333.71 S 444.94 1/1/2025 12/31/2025 $ 75.26 3% $ 229.14 $ 343.72 S 458.29 1/1/2026 121311202E 1 $ 77.51 3% NOTES: I . Key personnel must be marked with an asterisk(*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (--)-All costs must comply 2. The cost proposal format shall not be amended. 3. Billing rate= actual hourly rate * { 1+ ICR] " { l+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consullants annual accounting 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. City Council 16 - 135 3/21/2023 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal NOTES: 1. Key personnel must be marked with an asterisk (•) and employees that are subject to prevailing wage requirements must be marked with two asterisks ("').All costs m ust comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate " (1 + ICR) . (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. Consultant Dudek Project No. EXHIBIT 10-H2 COST PROPOSAL Page203 SPECIFIC RATE OF COMPENSATION (USE FOR ON•CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) ❑ Prime Consultant ❑ Subconsultant Contract No. Date SCHEDULE OF OTHER DIRECT COST ITEMS Add additional pages as necessary Description of Item Quantity Unit Unit Cost Total Mileage Costs TBD 1 .56 0 Equipment Rental and Supplies TBD 0 Permit Fees TBD 0 Plan Sheets 0 Test 0 Vehicle 0 Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: Subconsultant 5: Nate: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice)- 5- Items listed above that would be considered "tools of the trade" are not reimbursableas other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. City Council 16 — 136 3/21/2 aev 2020 DocuSign Envelope ID: FC7E9346-SA22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. S. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles 10. Add additional pages if necessary. 11. 5ubconsultants must provide their own cost proposals. City Council 16 — 137 3/21/2 are 2020 y QocuSign Envelope ID: FC7E9348-8A22-4923-BQ05-AA3CAO439841 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: i, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Cade Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement Prime Consultant or Subconsultant Cert Name Christine Moore Signature �Z !q_ Ln Email cmoore@dudek.com Address: 605 3rd Street, Encinitas, California 92024 Title. Chief Financial Officer Date of Certification (mm/dd/yyyy): 10/20/2021 Phone Number 760,479,4873 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. list services the consultant is vrovidinq under the On -Call Environmental Consulting Page 7of9 City Council 16 — 138 3/21/2JQR1ry 2020 DocuSign Envelope ID: FC7E934"A22-4923-BD05-AA3CA0439841 EXHIBIT 10-142 COST PROPOSAL Page 1 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Katherine Padilla & Associates (KPA), Inc. Prime Consultant DUDFK Project No. Contract No. Subconsultant KPA Participation Amount $ 2nd Tier 5ubconsultant Date 1/9/2023 For Combined Rate Fringe Benefit % + General &Administrative % 152.12% (Safe Harbor Rate) Combined ICR% OR For Home Office Rate Fringe Benefit % + General &Administrative % Home Office ICR% For Field Office Rate Fringe Benefit % + General &Administrative % Field Office ICR% Fee 10% BILLING INFORMATION CALCULATION INFORMATION Name/Jab Title/Classification) Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Avg. % or $ Hourly Range - Straight3 OT(1.5x) OTj2x) From To Hourly Rate4 Increase for Classifications Only 0% 0% Katherine Padilla Otanez, President $221.76 $290.40 $387.20 1/1/2023 1/1/2026 $80.00 0% 0% 0% Jessica Padilla Bowen, Sr. Associate $207.90 $272.25 $363.00 1/1/2021 1/1/2024 $75.00 0% 0% 0% helma Herrera, Sr. Project Manage $207.90 $272.25 $363.00 1/1/2021 1/1/2024 $75.00 0% 0% 0% Xavier Sibaja, Project Mgr $166.00 $199.65 $266.20 1/1/2021 1/1/2024 $60.00 0% 0% 0% Ruthann Pearlman, Project Assoc. $138.60 $108.90 $145.20 1/1/2021 1/1/2024 $50.00 0% 0% 0% 0% NOTES: These rates are good for the initial contract term of 3 years. Rates may only be adjusted per the County's COLA policy for the renewal term, as defined in City Council 16 — 139 3/21/2023 DocuSign Envelope ID: FC7E934"A22-4923-BD05-AA3CA0439841 the contract." City Council 16 — 140 3/21/2023 DocuSign. Envelope ID; FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT i0-H2 COST PROPOSAL Page 1 of SPECIFIC RATE OF COMPENSATION (USF FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPFCTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant CR Associates Project No. For Combined Rate For Horne Office Rate For Field Office Rate Contract No_ NIA ❑ Prime Consultant. © Subconsultant ❑ 2" `h Tier Subconsultant Participation Aniount S VA Date 01/12/2023 Fringe Benefit 85.709/4 + General &Administrative 91.00% — 199.92% OR Fringe Benefit 95.70% + General &Administrative 91.00% — 199.92% Fringe Benefit 85.70% + General &.Administrative 91.00°/� = 199.92% Fee — 10% CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates' Effective Date of Hourly Rate Actual or Avg. Hourly Rate' % or $ Increase Hourly Range - for Classifications Only Straight' OT(1.5x] ❑T(2x) From To Monique Chen' Principal $326.61 N/A NIA 1/l/2023 12/31/2023 $99.00 Not Applicable $353.01 NIA NIA IIi/2024 12/31/2024 $107.00 8,00% $382.70 NIA NIA 1 / l/2025 12/31 /2025 S116.00 8.00% Phuong Nguyen* Senior Traffic Engineer $247.43 NIA NIA 1/l/2023 12/31./2023 $75.00 Not Applicable $267.23 NIA NIA I/ I /2024 12/31/2024 .$81.00 8.00% $290.32 WA NIA I /I /2025 12/31 /2025 $88.00 8.00% Aryo Rad* Senior Civil Engineer $283.72 NIA NIA 1 / l /2023 12131 /2023 $ 86.00 Not Applicable $306.82 NIA NIA 1/1/2024 12/31/2024 $93.00 K00% $333.21 NIA NIA 1/1/2025 12/31/2025 $101.00 8.00% Analvst - Various $1.38.56 N)A N/A 1/1/2023 12/31/2023 $42.00 Not Applicable $ I51.76 NIA NIA 1/1/2024 12/31/2024 $46.00 8.00% $164.96 NIA NIA 1 / I/2025 12/31 /2025 1 $50.00 8.00% City Council 16 — 141 3/21/2Qa1 of 5 ry 2020 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal Name/Job Title/Classification) Hourly Billing Rates Effective Date of Hourly Rate Actual or Avg. Hourly Rate4 % or $ Increase Hourly Range - for Classifications Only Straight' OT 1.5x OT 2x From To Support 1 Administrative $155.06 NIA NIA 1/1/2023 12/31/2023 $47.00 Not Applicable $168.26 NIA NIA 1 /l /2024 12/31 /2024 $51.00 8.00% $184.75 NIA NIA 1/1/2025 12/31/2025 $56.00 8.00% (Add pages as necessary) NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. EXHIBIT I0-H2 COST PROPOSAL Page 2 of SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant CR Associates ❑ Prime Consultant ® Subconsultant Project No. NIA Contract No. NIA Date 01/12/2023 SCHEDULE OF OTHER DIRECT COST ITEMS Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs NIA N/A $0.655 NIA Equipment Rental and Supplies NIA NIA N/A NIA Permit Fees NIA NIA NIA NIA Plan Sheets NIA NIA $2.00 NIA Test NIA N/A NIA NIA Vehicle NIA N/A NIA NIA Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. City Council 16 — 142 3/21/2Qar 2 of y 2020 DacuSign Envelope IQ: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. It. Subconsultants must provide their own cost proposals. City Council 16 — 143 3/21/2Qar 3 of y 2020 Docu5ign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CAO439841 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of Certification of Direct Costs: 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement, Prime Consultant or Suhconsuitant Certifying - Name: eien Title *: Principal Signature : Date of Certification (mm/dd/yyyy): 01/12/2023 Email: Phone Number: 619-795-6086 Address: 3900 Sth Avenue, Suite 310 San Diego CA 92103 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Transportation Impact & Operation Analysis PA e4of9 City Council 16 - 144 3/21/2jQaa-ry 2020 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description: On -Call Environmental Services 4. Project Location: Santa Ana, California 5. Consultant's Name: Dudek 2. Contract DBE Goal: o 0 6. Prime Certified DBE: 7. Description of Work, Service, or Materials 8. DBE Certification 9. DBE Contact Information ° 10. DBE /° Supplied Number Community Outreach CUCP 31053 xalherinePadilla Olaner; kpadillaCwkatherinepwilla.com; 626.918,3324 4% Transportation Consulting Support CUCP 40083 Monique Chen; craadmin@chenryanmobility.com; 619395A086 4% Local Agency to Complete this Section 17. Local Agency Contract Number: 11. TOTAL CLAIMED DBE PARTICIPATION $ °I° 18. Federal -Aid Project Number: 19. Proposed Contract Execution Date: 20. Consultant's Ranking after Evaluation: IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate. required. c - 10/21 /2021 12. Preparer's Signature 13. Date Wei Wei Scott 626.658.5147 14. Preparer's Name 15. Phone Marketing Manager 16. Preparer's Title DISTRIBUTION_ Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alte mate formats_ For information call (916) 654-6410 or Too (916) 654- 3880 a write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. LPP 18-01 City Council 16 — 145 Page 1 of 2 3/21 /2029nuary 2019 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 DATE (MMIDDf] ,d►co►2o CERTIFICATE OF LIABILITY INSURANCE 8/28/2023 8/17/2022YYYY THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER Lockton Companies NAMECT 444 W. 47th Street, Suite 900 PHGHE FAX Kansas City MO 641 12-1906 E-MAIL Ext : A!C No (816)960-9000 ADDRESS: kcasu@lockton.com INSURERS AFFORDING COVERAGE NAIC 0 INSURER A: Zurich American Insurance Comr)anv 16535 INSURED DUDEK 1475107 605 THIRD STREET ENCINITAS CA 92024 INSURER B : American Guarantee and Liab. Ins. Co. 26247 INSURER C :Continental Casual man 20443 INSURER D : INSURER E COVERAGES CERTIFICATE NUMBER: 1676574S REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDWYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE NIOCCUR Y Y GLO0146311 8/28/2022 8/28/2023 EACH OCCURRENCE $ 1000 000 DA AGE To PREMISES EaEoccurrence $ 100,000 _7RNTED AHED EXP (Arty one person) $ 10,000 PERSONAL d ADV INJURY $ 1,000,000 GENT AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- � LOC PRODUCTS - COMWOP AGG : 2,000,000 S OTHER A AUTOMOBILE LIABILITY y y BAP0146329 9/28/2022 8/28/2023 Ea BCGdeD151N LE LIMIT $ 1,000,000 x BODILY INJURY (Per person) S xxxxxxx ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per aooldent] S xxxxxxx PROPERTY DAMAGE Per acadent $ xxxxxxx HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $xxxxxxx B x UMBRELLA LIAB X OCCUR N Y AUC0146407 8/28/2022 8/28/2023 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ xxxxxxx AAND WORKERS COMPENSATION EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFF ICERIMEMBER EXCLUDED? F (Mandatory in NH) NIA Y WC0146330 $12$12022 $12812023 PER OTH. STA TE ER $ 1,000,000 $ 1,000,000 E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE If es, describe under DESCRIPTION OF OPERATIONS below $ l 000 000 E.L. DISEASE - POLICY LIMIT C PROFESSIONAL N N EEH591932835 INCL POLL 8/28/2022 8/28/2023 PER CLAIM $1,000,000 LIABILITY AGGREGATE $2,000,000 INCLUDES POLLUTION DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF SANTA ANA, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED ON GENERAL AND AUTO LIABILITY COVERAGE ON A PRIMARY, NON-CONTRIBUTORY BASIS, AS REQUIRED BY WRITTEN CONRACT WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED APPLIES ON WORK COMP, GENERAL, AUTO AND UMBRELLA LIABILITY COVERAGE, AS REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. rF:PTIFIrATF Wni nl=P rAM9'_1=1 I OTIn1d Caa Aftnrhmantc SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 16765248 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF SANTA ANA RISK MANAGEMENT DIVISION AUTHORIZED REPRESENTATIV 20 CIVIC CENTER PLAZA SANTA ANA CA 92702 I rights reserved. ACORD 25 (20161ajty Council The ACORD name and logo are reji@tFeAQrks of ACORD 3/21 /2023 DocuSign Envelope ID: FC7E9346r8A22-4923-BD05-AA3CA0439841 Attachment Code: D574648 Certificate ID: 16765248 Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'1 Pre.. Return P... GL00146311 812812022 8/29/2023 8/28/2023 37385000 $ I>NCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the; Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition; If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. CityCouncil 16 — 147 3/21/'�bL�'s-B+ w(12/01) Page 1 of 1 DocuSign Envelope ID: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D574649 Certificate ID: 16765249 Additional Insured — Owners, Lessees Or 0 Contractors — Scheduled Person Or Organization Z U R I C H THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLOO146311 Effective Date: 8/28/2022 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION ARE REQUIRED ALL TO PROVIDE ADDITIONAL INSURED STATUS IN LOCATIONS A WRITTEN CONTRACT, AGREEMENT OR PERMIT. U-GL-2169-A CW (02/19) Pagel of 2 Includes copyrighted material of lnsuranoe Servioes Office. Inc.. with its permission. City Council 16 — 148 3/21/2023 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D574649 Certificate ID: 16765248 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the locations] designated in such Schedule. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2169-A CW (02/19) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. City Council 16 — 149 3/21/2023 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D574650 Certificate ID: 16765249 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WC0146330 Dudek 812812022812812023 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED. WC 00 03 13 (BEd. 4-84) 1983 National Council on Compensation Insurance. City Council 16 — 150 3/21/2023 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D574651 Certificate ID: 16765248 POLICY NUMBER: BAP0146329 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ❑UDEK Endorsement Effective date: 8/28/2022 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 City Council 16 — 151 3/21/2023 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D574651 Certificate ID: 16765248 Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 10 4 le y ouncil u insurance Services 77-'TEF" 3/21 /2 Me 2 of 2 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D574651 Certificate ID: 16765248 POLICY NUMBER: BAP0146329 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US {WAIVER OF SUBROGATION} This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: DUDEK Endorsement Effective Date: 8/28/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 City Council 16 - 15 3/21 /202 1 of 1 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D578870 Certificate ID: 16765248 Notification to Others of Cancellation Eff. Date of Exp. Date of Add'] Return Policy No. ff. Date of End. Producer Pol. Pol. Prem. Prem. BAP01463 8/28/2022 8/28/2023 8/28/2022 S 1 S 29 NCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Number of Name and Address of Other Person(s) 1 Organization[s]: Days Notice: Per Attached Certificate 30 All other terms and conditions of this policy remain unchanged. U-CA-812-A CW (05/10) City Council 16 — 154 3/21/2023 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D578869 Certificate ID: 16765248 Professional Liability and Pollution Incident Liability Insurance Policy Endorsement Wherever used in this endorsement: 1) "Named Insured" means the first person or entity named on the Declarations page; 2) "policy period" means policy term and 3) "Insured(s)" means all persons or entities afforded coverage under the policy. Any cancellation, non -renewal or termination provision(s) in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NON -RENEWAL I. CANCELLATION A. The Named Insured may cancel the policy at any time. To do so, the Named Insured must return the policy to the Insurer or any of its authorized representatives, indicating the effective date of cancellation; or provide a written notice to the Insurer, stating when the cancellation is to be effective. B. If the policy has been in effect for less than sixty (60) days and is not a renewal the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured, at the last mailing address known to the Insurer, and the producer of record. The notice of cancellation will be provided at least thirty (30) days prior to the effective date of cancellation except that in the case of cancellation for nonpayment of premiums or for fraud the notice will be given no less than ten (10) days prior to the effective date of the cancellation. C. If the policy has been in effect for more than sixty (60) days or if it is a renewal, effective immediately, the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons: Nonpayment of premium, including payment due on a prior policy issued by the Insurer and due during the current policy term covering the same risks. A judgment by a court or an administrative tribunal that the Named Insured has violated any law of this state or of the United States having as one of its necessary elements an act which materially increases any of the risks insured against. Discovery of fraud or material misrepresentation by either of the following: (a) The Named Insured or Insured(s) or a representative of same in obtaining the insurance; or (b) The Named Insured or his or her representative in pursuing a claim under the policy. Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by the Named Insured or Insured(s) or a representative of same, which materially increase any of the risks insured against. Failure by the Named Insured or Insured(s) or a representative of same to implement reasonable loss control requirements which were agreed to by the Named Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against. A determination by the commissioner that the loss of, or changes in, the Insurer's reinsurance covering all or part of the risk would threaten the financial integrity or solvency of City Council 16 — 155 3/21/2023 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D578869 Certificate ID: 16765248 the Insurer. A determination by the commissioner that a continuation of the policy coverage would place the Insurer in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten the solvency of the Insurer. A change by the Named Insured or Insured(s) or a representative of same in the activities or property of the commercial or industrial enterprise which results in a material added risk, a materially increased risk or a materially changed risk, unless the added, increased, or changed risk is included in the policy. A notice of cancellation will be in writing and will be delivered or mailed to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least thirty (30) days prior to the effective date of cancellation. Where cancellation is for nonpayment of premium or fraud, notice shall be given no less than ten (10) days prior to the effective date of cancellation. D. The notice will state the actual reason for the cancellation. E. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. F. If notice is mailed, proof of mailing will be sufficient proof of notice. A. The Insurer can non -renew the policy by giving written notice to the Named Insured, at the last mailing address known to the Insurer, at least sixty (60) days but not more than one hundred twenty (120) days before the expiration date. B. The notice of non -renewal will state the actual reason for non -renewal. C. If notice is mailed, proof of mailing will be sufficient proof of notice. D. A notice of non -renewal will not be required in any of the following situations: The transfer of, or renewal of, a policy without change in its terms or conditions or the rate on which the premium is based between insurers that are members of the same insurance group. The policy has been extended for ninety (90) days or less, if the notice required has been given prior to the extension. The Named Insured has obtained replacement coverage or has agreed, in writing, within sixty (60) days of the termination of the policy, to obtain that coverage. The policy is for a period of no more than sixty (60) days and the Named Insured is notified at the time of issuance that it may not be renewed. The Named Insured requests a change in the terms or conditions or risks covered by the policy within sixty (60) days prior to the end of the policy period. The Insurer has made a written offer to the Named Insured, within the prescribed time period, to renew the policy under changed terms or conditions or at a changed premium rate, where the increase is more than 25%. As used herein, "terms or conditions" includes, but is not limited to, a reduction in limits, elimination of coverages, or an increase in deductibles. E. In the case of conditional renewal, failure of the Named Insured to satisfy conditions provided by the Insurer for renewal, by the expiration date of the policy or thirty (30) days after mailing or delivery of such notice, whichever is later, the conditional renewal shall be treated as an effective non -renewal. [IIPK9191z11]y0Is] ►1_1M: =1k,IA►EII City Council 16 — 156 3/21/2023 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D578869 Certificate ID: 16765248 A. If the policy has been in effect for more than sixty (60) days or if the policy is a renewal, effective immediately no increase in premium, reduction in limits, or change in the conditions of coverage shall be effective during the policy period unless based upon one of the following reasons: Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards by the Named Insured or Insured{sj which materially increase any of the risks or hazards insured against. Failure by the Named Insured or Insured(s) to implement reasonable loss control requirements which were agreed to by the Insured as a condition of pcy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against. A determination by the commissioner that loss of or changes in an insurer's reinsurance covering all or part of the risk covered by the policy would threaten the financial integrity or solvency of the Insurer unless the change in the terms or conditions or rate upon which the premium is based is permitted. A change by the Named Insured or Insured(s) in the activities or property of the commercial or industrial enterprise which results in a materially added risk, a materially increased risk, or a materially changed risk, unless the added, increased, or changed risk is included in the policy. A. A written notice will be mailed or delivered to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least thirty (30) days prior to the effective date of any increase, reduction or change. B. The notice will state the effective date of, and the reasons for, the increase, reduction or change C. If notice is mailed, proof of mailing will be sufficient proof of notice. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. City Council 16 — 157 3/21/2023 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D578867 Certificate ID: 16765248 Blanket Notification to Others of Cancellation or Non -Renewal THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLOO146311 Effective Date: 8/28/2022 This endorsement applies to insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph 13.1. or Paragraph 13.2. above. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. City Council 16 — 158 3/21/2023 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D578867 Certificate ID: 16765248 EDULE The total number of days for mailing or delivering with respect to Paragraph B.1. of this endorsement is amended to indicate the following 30* number of days: The total number of days for mailing or delivering with respect to Paragraph B.2. of this endorsement is amended to indicate the following 30** number of days: If a number is not shown here, 10 days continues to apply. ** If a number is not shown here, 30 days )ntinues to apply. All other terms and conditions of this policy remain unchanged. City Council 16 — 159 3/21/2023 DocuSign Envelope 10: FC7E9346-8A22-4923-BD05-AA3CA0439841 Attachment Code: D578871 Certificate ID: 16765248 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 33 NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS A. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE NAME AND ADDRESS OF PERSON(S)/ ORGANIZATION(S) PER ATTACHED CERTIFCATE NUMBER OF DAYS NOTICE: 30 All other terms and conditions of this policy remain unchanged. WC 99 06 33 (Ed. 05-10) City Council 16 — 160 3/21/2023 EXHIBIT 3 AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL SERVICES THIS AGREEMENT is made and entered into this 21 st day of March, 2023 by and between, ECORP Consulting, 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 September 23, 2021 the City issued a Request for Proposal ("RFP") No. 21-105, by which it desired to retain a consultant having special skill and knowledge in the field of Environmental Services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 21-105. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 21-105, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 21-105 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 21-105. The total compensation for services provided by all consultants selected under RFP 21-105 shall not exceed the shared aggregate amount of $950,000.00 during the term of City Council 16 — 161 3/21/2023 this Agreement, including any extension periods as set forth in Section 4, below. b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. City Council 16 — 162 3/21/2023 Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. 1. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. in. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. P. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the project(s). This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject City Council 16 — 163 3/21/2023 to any additional restrictions, limitations, conditions, or any statute enacted by Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on March 21, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on March 20, 2026, unless terminated earlier in accordance with Section 21, below. The term of this Agreement maybe extended for up to two (2), 1-year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this City Council 16 — 164 3/21/2023 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. 6. 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. 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. City Council 16 — 165 3/21/2023 8. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) 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 $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. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code I (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. (iii) 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. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) 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 City Council Pagv16 — 166 3/21/2023 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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage 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 Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv)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. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the 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 Entity. (vi)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. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. City Council 16 — 167 3/21/2023 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 contract work. (viii) 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 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. (ix)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. (x) 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. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section City Council 16 — 168 3/21/2023 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 10. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. 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 City Council Pagc16 — 169 3/21/2023 importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. 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: Jennifer L. Hall Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 City Council 16 — 170 3/21/2023 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Nabil Saba Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Brant Brechbiel Vice President & Chief Contracting Officer ECORP Consulting, Inc., 2861 Pullman St. Santa Ana, CA 92705 Fax: (714) 648-0630 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. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 18. SUBCONTRACTING a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts City Council 16 — 171 3/21/2023 and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. City Council 16 — 172 3/21/2023 20. 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. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. 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. 23. 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. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, City Council 16 — 173 3/21/2023 Section 11102. b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant 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 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national City Council 16 — 174 3/21/2023 origin. In administering the City components of the Disadvantaged Business Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant 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. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. 1. In all solicitations either by competitive bidding or negotiation made by Consultant 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 City Council 16 — 175 3/21/2023 notified by Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. in. Consultant 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 recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. herein in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. P. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • 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 City Council 16 — 176 3/21/2023 projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • 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). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, City Council 16 — 177 3/21/2023 debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. 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 FOLLOWING PAGE] City Council 16 — 178 3/21/2023 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SANTA ANA AND ECORP CONSULTING, INC, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the elate and year first above written. ATTEST: JENNIFER L. HALL Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney ,,SONATHAN T. M.�KTINE7 Assistant City Attornev RECOMMENDED FOR APPROVAL NABIL SABA Executive Director Public Works Agency pa-e 1 CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT BRANT BRECHBIEL Vice President & Chief Contracting Officer ECORP Consulting. Inc. y City Council 16 — 179 3/21 /2023 EXHIBIT A SCOPE OF SERVICES City Council 16 — 180 3/21/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES RFP NO.21-105 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Environmental Consulting firms to provide Environmental Services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of $2,000,000. Work will be assigned by Contract Task Order (CTO). As tasks are identified, they will be distributed amount the firms based upon their ability to perform the required work within the project schedule and budget constraints. DESCRIPTION OF WORK The Consultant shall provide services under the direction of City staff. The Consultant will be expected to provide an experienced, educated and professional team, who's Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and up-to-date with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services will include preparation, distribution and filing of environmental noticing, documents, preparation of studies and technical reports, including but not limited to the following: • Initial Study • Noise Impact Study • Notice of Exemptions • Biological Studies • Negative Declaration • Cultural Resources Study • Mitigated Negative Declaration • Geological/Soil Study • Notice of Preparation • Hydrology/Water Quality Stud • Notice of Intent • Water Assessment Study • Notice of Availability • Mineral Resources Stud • Notice of Determination • Utility/Sewer Study • Environmental Impact Report • Traffic Stud • Environmental Assessment • Mitigation Monitoring Program • Environmental Impact Statement • Preparation of Response to Comments • Categorical Exclusion • Preparation of Statement of City of Santa Ana RFP 21-105 City Council age 16 — 181 3/21/2023 Overriding Considerations • Preliminary Environmental Stud • FAA and ALUC Required • Historic Records Search • Public Outreach • Environmental Certification Form • Preliminary Engineering as required to support environmental analyses. • Air Quality Study • On -call staff consulting Consultant services will also include attendance at appropriate City Commission, City Council, community, and other designated meetings as deemed necessary. PAYMENT AND INVOICING: Selected Consultant shall invoice the City Based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until completed Project has been accepted by the City. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: h!tps:Hdot. ca. gov/-/media/dot-medigZpro grams/local-assistance/documents/Igpm/ch l O.pdf COMPLIANCE WITH REOUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: City of Santa Ana RFP 21-105 City Council age - 6 — 182 3/21/2023 The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: hgps:Hdot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 21-105 City Council age - 6 — 183 3/21/2023 EXHIBIT B CONSULTANT'S PROPOSAL (exclusive of fee proposal and resumes) City Council 16 — 184 3/21/2023 Proposal for: On -Call Environmental Services RFP No. 21-105 October 21, 2021 Prepared for: City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Submitted by: ECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS 2861 Pullman Street Santa Ana, CA 92705 www.ecorpconsulting.com City Council 16 — 185 3/21/2023 City Council 16 — 186 3/21/2023 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Table of Contents Section 1: Statement of Qualifications...................................................................................iii A— Cover Letter.......................................................................................................................1 B — Contract Agreement Statement.........................................................................................3 C — Firm and Team Experience...............................................................................................3 Prime Firm Overview — ECORP Consulting, Inc...................................................................3 Subconsultants..................................................................................................................... 4 KeyPersonnel...................................................................................................................... 6 OrganizationChart.............................................................................................................11 D— Understanding of Need....................................................................................................12 Project Management Philosophy........................................................................................12 Quality Assurance/Quality Control (QA/QC).......................................................................13 Responsiveness.................................................................................................................13 E — Relevant Experience.......................................................................................................14 F— References......................................................................................................................20 Section 2: Scope of Services and Schedule.........................................................................21 Scope of Services and Schedule........................................................................................22 CEQA/NEPA Environmental Documentation Services........................................................22 BilingualOutreach..............................................................................................................22 Cultural Resources Services...............................................................................................23 Biological Resources Evaluations and Habitat Assessments..............................................23 Air Quality and Greenhouse Gas Assessments..................................................................24 NoiseAssessments............................................................................................................24 Supporting Technical Studies and Services........................................................................24 Managing the Schedule to Meet Deliverable Objectives.....................................................26 Section 3: Fee Proposal.........................................................................................................27 Section 4: Certifications.........................................................................................................29 Attachment 3-1: Non -Collusion Affidavit.................................................................................30 Attachment 3-2: Non -Lobbying Certification...........................................................................31 Attachment 3-3: Non -Discrimination Certification...................................................................32 CaltransExhibits....................................................................................................................34 Exhibit10-01......................................................................................................................35 Exhibit10-02......................................................................................................................36 Exhibit15-H........................................................................................................................37 Section 5: Appendix A — Resumes........................................................................................46 ECORP Consulting, Inc. October 21, 2021 AF ii �,I, r-o\����:�r.aL coNsui.TnNTs City Council 16 — 187 3/21/202 City Council 16 — 188 3/21/2023 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) SECTION 1: STATEMENT OF QUALIFICATIONS A"J ECORP Consulting, Inc. October 21, 2021 ■ iii ouricif" ., !.,� ,., 16-189 3/21/2 -590 City Council 16 — 190 3/21/2023 ,AMECORP Consulting, Inc. ENVIRONMENTAL CONSULTANTS A - Cover Letter October 21, 2021 (P21-590) Sean Thomas City of Santa Ana Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Subject: Proposal for On -Call Environmental Services (RFP No. 21-105) Dear Mr. Thomas: ECORP Consulting, Inc. (ECORP) is pleased to submit our qualifications in response to the above -referenced RFP to the City of Santa Ana (City). Founded in 1987, ECORP assists public and private clients with a wide range of environmental services including compliance with California Environmental Quality Act, National Environmental Policy Act, Clean Water Act, federal and state Endangered Species Acts, National Historic Preservation Act, and other laws and regulations. ECORP provides a wide variety of services over the life of a project, from initial baseline environmental studies, through planning and review, permit negotiation, liaison with resource agencies, mitigation design and implementation, construction monitoring, and compliance reporting. ECORP has maintained a multidisciplinary office in Santa Ana since 2005. ECORP will provide the City with an experienced team of over 130 environmental analysts, air quality/noise specialists, archaeologists, architectural historians, terrestrial and aquatic biologists, wetland specialists, habitat restoration specialists, water resources experts, permitting specialists, and geographic information systems specialists. ECORP has included five specialty subconsultants, including two subconsultants that are DBE and will meet the 8.00% DBE Goal for the contract: ♦ Ninyo & Moore who will provide geology/soils and hazardous materials/waste expertise KOA Corporation who will provide traffic studies and preliminary engineering as required to support environmental analyses Huitt-Zollars, Inc. and Civil Works Engineers (DBE) who will provide Hydrology/Water Quality Studies, Water Assessment Studies, Utility/Sewer Studies, and SWPPP services Katherine Padilla & Associates (DBE) who will conduct public outreach services The ECORP team will provide all services listed in the Scope of Work under Attachment 1. Key benefits the ECORP team will provide to the City are: ,i �OUn Stree . an a na, e : - ._a�: 1 . www.ecorpcT2 i/ryg6q{n, ECORP Consulting, Inc. i NVIRONMENTAL CONSLIUrANTS Committed Managers and Team. This contract will be a high priority for ECORP's Project Manager/Principal Agent, Jesus "Freddie" Olmos; Deputy Project Manager, Tom Holm, AICP; and the ECORP team, and your projects will be completed on time and within budget. Responsive and Nimble Staff. ECORP is local, available, and ready to assist the City. Teams will be mobilized quickly, deliverables will be produced efficiently, and the City will always receive an exemplary product. Available Technical Advisors and Expertise. The ECORP team has diverse capabilities to tackle any challenge and the technical depth and capacity across all services to handle both routine and unusual situations. Awareness of Need to Balance Schedules and Cost. Budgets and schedules are often fixed, and completion of services may require an accelerated schedule to meet hard deadlines. ECORP's competitive rates include a full range of technical expert labor categories to provide the greatest value to the City. ECORP's Project Manager/Principal Agent will be Jesus "Freddie" Olmos, (909) 307-0046; folmos@ecorpconsulting.com. Mr. Olmos has more than 20 years of diverse planning and environmental experience on a variety of environmental, natural resources, and regulatory compliance projects in Orange County and statewide. ECORP is very pleased to have been included on the City's On -Call Environmental consulting list since 2017, and we look forward to an opportunity to provide you with high -quality service in the forthcoming cycle The only person, persons, company, or parties interested in the proposal as principals are named within; this proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; this proposal is, in all respects, fair and made in good faith without collusion or fraud; and the signer of this proposal has the full authority to bind the principal proposer. Should you have any questions regarding this submittal, please contact Jesus "Freddie" Olmos at (909) 307-0046 or folmos@ecorpconsulting.com. Sincerely, ECORP Consulting, Inc. 7 Brant Brechbiel Vice President/Chief Contracting Officer ,i �Iirnan OUnStree . Santa na, . el: - •_at • www.ecorpc r} i/ryg6q{n, Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) B - Contract Agreement Statement ECORP has no objections to the Agreement as stated in Attachment 2 of the RFP. C - Firm and Team Experience ECORP Consulting, Inc. (ECORP) will be the prime contractor and will lead the consultant team. ECORP will provide expertise in California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation, including Categorical Exemptions (CEs); Initial Study (IS) checklists; Mitigated Negative Declarations (MNDs); Environmental Impact Reports (EIRs); Addenda, Supplemental, and Subsequent documents; responses to comments; statements of overriding considerations; and notices. ECORP will also provide technical expertise in biological resources, cultural resources, regulatory permitting, water resources, air quality/greenhouse gas assessments, noise, and Geographic Information Systems (GIS). ECORP has included five specialty subconsultants, including two subconsultants that are DBE and will meet the 8.00% DBE Goal for the contract: Ninyo and Moore who will provide geology/soils and hazardous materials/waste expertise KOA Corporation who will provide traffic studies and preliminary engineering as required to support environmental analyses Huitt-Zollars, Inc. and Civil Works Engineers (DBE) who will provide Hydrology/Water Quality Studies, Water Assessment Studies, Utility/Sewer Studies and SWPPP services Katherine Padilla & Associates (DBE) who will conduct any public outreach services Prime Firm Overview — ECORP Consulting, Inc. Established in 1987, ECORP Consulting, Inc. (ECORP) is a California "S" Corporation that specializes in assisting government agencies and private clients with a wide range of environmental services including technical expertise in land use planning; biological, cultural, and water resources; and regulatory compliance with CEQA and NEPA, Clean Water Act, federal and state Endangered Species Acts, National Historic Preservation Act (NHPA), and other laws and regulations. ECORP has well -established working relationships with the resources agencies, including the U.S. Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB), and the U.S. Fish and Wildlife Service (USFWS). ECORP is a financially sound firm with five offices (Santa Ana, Redlands, Rocklin, San Diego, and Chico) serving clients throughout California. Additionally, ECORP maintains offices in Flagstaff, Arizona and in Santa Fe, New Mexico. ECORP is registered with the Department of Industrial Relations (#1000012875, expires June 30, 2022). ECORP is a California Small Business -Public Works (SB-PW) and a Federal Small Business under NAICS code 541620, among others. ECORP provides support over the life of a project, from initial baseline studies; to environmental planning, documentation, and review; permit negotiation, liaison with resource agencies, and ECORP Consulting, Inc. October 21, 2021 ■ 3 -- "-590 ouricif" yL,,.,., !.,� ,., 16-193 3/21/2 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) mitigation design; and through to construction monitoring and compliance reporting. ECORP brings an experienced team of more than 100 CEQA and NEPA specialists, environmental permitting specialists, environmental analysts, terrestrial and aquatic biologists, wetland specialists, paleontologist, archaeologists/cultural resource specialists, air quality/noise analysis specialists, geographic information systems (GIS) specialists, and unmanned aerial systems (UAS) specialists. ECORP is also experienced in the preparation of Preliminary Environmental Study (PES) forms for projects per Caltrans' Local Assistance Procedures Manual (LAPM). ECORP has used the PES form to consult with Caltrans/FHWA to determine the appropriate NEPA and CEQA document for a project. ECORP staff have prepared Categorical Exclusions/Exemptions (CE/CEs), Environmental Assessments (EA), joint Initial Study/Environmental Assessments (IS/EAs) and Mitigated Negative Declaration/Finding of No Significant Impacts (MND/FONSIs) for a series of projects with Caltrans involvement. In addition, ECORP has prepared technical studies in support of the PES and NEPA/CEQA documents per the requirements from Caltrans' Standard Environmental Reference (SER) and FHWA. These include but are not limited to: Section 106 National Historic Preservation Act (NHPA) compliance, Historic Property Survey Report (HPSR), Natural Environment Studies (NES), Community Impact Assessments (CIA), Section 4(f), and Clean Air Act compliance. Based on our experience with similar projects with Caltrans involvement and federal funding, ECORP understands the added level of effort for NEPA documentation and coordination, including public participation, which needs to be factored into overall schedule for a successful project. We have experience working on CEQA/NEPA, biological, and cultural projects for Caltrans District 12. Subconsultants Ninyo & Moore Ninyo & Moore, a California Corporation, is a minority -owned, multidisciplinary consulting firm that provides high -quality geotechnical and environmental consulting services. Since 1986, clients have turned to Ninyo & Moore for innovative solutions to complex geotechnical and environmental challenges. As a leading geotechnical and environmental sciences engineering and consulting firm, Ninyo & Moore provides specialized services to clients in both the public and private sectors. With offices in California, Nevada, Arizona, Colorado, and Texas, the firm is fully committed to being responsive, cost-efficient, and thorough in meeting its clients' project needs and objectives. The quality of Ninyo & Moore's personnel base has become widely recognized. The firm's 480 professionals include registered geotechnical and civil engineers, geologists, hydrogeologists, engineering geologists, geophysicists, environmental scientists, and specialists in fields such as regulatory issues and interpretation, hazardous waste management, and remedial action planning. Ninyo & Moore's geotechnical experience encompasses projects throughout the western United States, including geotechnical evaluations for commercial and industrial developments, parks and recreational educational facilities, harbor and offshore structures, highways and roadways, hospitals, landfills, airports, bridges, light rail transit lines, pipelines, power stations, facilities, dams, railroads, residential developments, reservoirs and tanks, transmission lines, tunnels, water treatment plants, and wastewater treatment plants. _ ; A' ECORP Consulting, Inc. October 21, 2021 ■ 4 -- "-590 ouncif"1. yL,,.,., ., !.,� ,16-194 3/21/2 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) KOA Corporation Founded in 1987, for the last 34 years in business, KOA Corporation (KOA) KOoA has been a leading provider in civil engineering, traffic engineering, transportation planning, and construction management services for public agencies and private sector clients. They offer clients technical knowledge, innovative solutions, and responsive services. The hallmark of their success is their dedication to each and every project and their desire to leave a legacy of extraordinary contributions to our communities. Their staff includes certified transportation planners, registered civil and traffic engineers, project/construction managers, and construction inspectors. With six offices located in Southern California, KOA has provided engineering services for some of the largest public works and transportation planning projects throughout California. Types of services KOA offers are Civil Engineering, Traffic Engineering, Transportation Planning, Active Transportation, Highway & Transportation Design, Program Management, and Construction Management. Huitt-Zollars, Inc. HUITF-70,1JARS Huitt-Zollars, Inc., a Texas S-Corporation, is a full -service engineering and surveying firm with 20 offices throughout the U.S. and 5 regional offices strategically located in Southern California. Established in 1975, Huitt-Zollars has a staff of more than 550 professionals, technical and support personnel with diversified skills, capable of handling highly complex multi -discipline assignments. Huitt-Zollars is consistently ranked as a top design firm by Engineering News -Record. All work will be completed by staff located in the Irvine office. Their full -service approach gives them a strong advantage in coordinating work on complex assignments. Their hands-on management by the principals of the firm results in a client -directed sense of urgency and commitment to quality, schedule, and budget. It also affords coordination beyond the prime/consultant organization because in-house lines of communication are firmly established and easy to maintain. This arrangement also provides a single focus for the project, resulting in smoother progression; efficient designs that balance function, economics, and aesthetics; and construction documents that incorporate their clients' objectives. Huitt-Zollars can take a project from start to finish, from initial study through design process and construction management. Civil Works Engineers (DBE) Civil Works Engineers, Inc. is small professional civil engineering consulting firm providing a broad range of CIVIL WORKS E N G 1 N E E R S planning, design, and project management services for three primary areas: transportation, drainage, and site civil. They work for public and private clients and provide project development from project inception through design and construction. They have maintained long-term clients over numerous years, demonstrating their satisfaction with Civil Works Engineers' services. They provide senior engineer involvement on every project. In the transportation area, they are specialized in both freeway system facilities working with Caltrans and on local street improvement projects working with municipalities and developers. They also perform drainage and stormwater engineering. They prepare hydrology and hydraulic studies and reports, followed by implementation of the recommendations into final plans whether it consists of modifications to existing systems or entirely new drainage systems. They also ECORP Consulting, Inc. October 21, 2021 ■ 5 -- "-590 ouncif"1. yL,,.,., ., !.,� ,16-195 3/21/2 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) have extensive experience in storm water handling including the preparation of Storm Water Data Reports as required by Caltrans, water quality management plans for permanent BMPs after construction, and Storm Water Pollution Prevention Plans (SWPPP) for temporary BMPs during construction. Civil Works Engineers' site planning and design experience involves both public and private facilities including parks, office buildings, hotels, parking structures, schools from K-12, colleges and universities, child-care centers, retail centers, libraries, and fire stations. For these site projects, they prepare the precise site grading and drainage design along with the appropriate utility modifications and/or coordination for tie-ins from the offsite utility facility to the onsite new facility. Civil Works Engineers is a certified DBE, SBE, and WBE. Civil Works Engineers, Inc. is a California corporation formed in 2005. They have one office located in Costa Mesa. Katherine Padilla & Associates, Inc. (DBE) Katherine Padilla & Associates, Inc. (KPA), Inc. is a full -service communication Ir.,A firm founded in 1994. KPA services include strategic community outreach and KATHERINE PADILLA public information campaigns, community meetings and workshops online and & ASSOCIATLs, INC. in -person, community -based research including focus groups and interviews, branding and graphic design, social media management, photography and video production, translation services, and much more. Their diverse team of eight includes members fluent in Spanish, Tagalog, and Korean. KPA's senior staff combine multidisciplinary technical and marketing skills with soft interpersonal skills, intangible necessities gleaned only from extensive experience and training. Their senior staff has deep knowledge in areas such as planning, design, engineering, environmental review, and construction. KPA's staff members each offer more than 15 years of hands-on experience in their fields. Working proactively and sensitively, KPA senior staff averts crises and solve problems before they become issues, challenges many firms do not recognize until they have deteriorated into calamity. Their talents, training, and experience uniquely position them to communicate meaningfully with their clients, technical team members, and the community. KPA is also certified WBE, DBE, MBE, and SBE. Key Personnel Brief key personnel qualifications for the ECORP team are provided below. Resumes for all personnel shown in the Organization Chart (Figure 1) are provided in Section 5: Appendix A. Jesus "Freddie" Olmos — Project Manager/Principal Agent (ECORP) Mr. Olmos' 22 years of professional experience involves CEQA/NEPA analysis and document preparation for government agencies and private clients. He has prepared and managed a variety of environmental documents, including Initial Studies/Mitigated Negative Declarations (IS/MNDs), Environmental Impact Reports (EIRs), Environmental Impact Statements (EISs), Environmental Assessments (EAs), and Findings of No Significant Impact (FONSIs), including Addendum CEQA/NEPA documentation. While his experience focuses on environmental report writing and permit preparation, he also has experience with biological resources monitoring and surveying for public facilities construction and research projects. Mr. Olmos is experienced in the bilingual English -Spanish translation of notices, documents, and handouts for CEQA and biological/cultural resources projects. He holds a B.A., Environmental Analysis & Design, with a minor in Urban & Regional Planning from UC Irvine. He has training in Advanced NEPA J ECORP Consulting, Inc. October 21, 2021 ■ 6 ou 16 — 196 3/21 /2 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Workshop, National Association of Environmental Professionals and Caltrans' Environmental Compliance Training Course for Local Agency Partners and Consultants, Categorical Exemptions and Categorical Exclusions. Tom Holm, AICP — Deputy Project Manager/Alternative Agent (ECORP) Mr. Holm offers more than 40 years of diverse planning and environmental experience on a variety of environmental, natural resource, and regulatory compliance projects. He has prepared and managed project and programmatic CEQA and NEPA documents for projects throughout southern and central California including master planned communities, urban area infill, brownfields and housing redevelopment projects, transportation corridors and highways, comprehensive general plan updates, specific plans, and municipal and water agency On -Call Environmental Services contracts. Mr. Holm is a former City Planning and Transportation Commissioner, Orange County Natural History Foundation Board Member, and legislative liaison with OC American Planning Association. His clients include municipal agencies in central, west, and south Orange County. He has prepared and managed environmental documentation at all levels in Orange County jurisdictions, including the cities of Santa Ana, Fountain Valley, Irvine, Costa Mesa, and Mission Viejo. He is based in ECORP's Santa Ana office and is immediately available to assist the City with their projects. Mr. Holm has an M.A. in Urban and Regional Planning from UCLA, and a B.A. in Political Science from UC Irvine. He is a certified planner (AICP). Anne Surdzial, AICP — QA/QC Manager (ECORP) Ms. Surdzial is an environmental analyst with more than 30 years of experience in the planning field. She has prepared and managed the preparation of all levels of documentation for projects in compliance with CEQA and NEPA. As Director of CEQA/NEPA Services for ECORP, she is responsible for overseeing CEQA and NEPA work in all ECORP offices, ensuring consistency and quality of all products. Her expertise includes management of large environmental programs for public agencies that require completion of multiple, simultaneous task orders and management of multiple internal project teams and subcontractors. She is also experienced in land use planning and historic preservation issues and has worked for public planning departments. She has prepared CEQA documents for public agencies in all southern California counties and NEPA documents for the U.S. Department of Housing and Urban Development, Bureau of Land Management, U.S. Forest Service, Department of Defense, and Federal Highways Administration. Ms. Surdzial has a B.S. in Environmental Science from UC Riverside and is a certified planner (AICP). Lisa Westwood, RPA — AB 52 Tribal Cultural Resources Task Manager (ECORP) Ms. Westwood is a Registered Professional Archaeologist with over 25 years of cultural resources management experience. She exceeds the Secretary of the Interior's Professional Qualifications Standards for prehistoric and historical archaeologist and serves as principal investigator for cultural resources services required for compliance with Section 106 of the National Historic Preservation Act and CEQA. Her technical areas of expertise include advanced Section 106 compliance and consultation, cultural resources laws and regulations, preparation and negotiation of agency agreement documents (Programmatic Agreements and Memoranda of Agreement), space heritage, human bone (osteological) identification and J ECORP Consulting, Inc. October 21, 2021 ■ 7 ouncif"1. yL,,.,., ., !.,� ,16-197 3/21/2 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) analysis, historical archaeology, and lithic debitage identification. She is well versed in impact assessment and development of mitigation measures for CEQA and Section 106 projects, including on -call and task -order based contracts. Her previous experience as a CEQA/NEPA Project Manager gives her a broader perspective of regulatory compliance issues, and she is recognized by the private and public sector for her ability to build consensus among stakeholders and solve complex problems quickly and effectively. She has a M.A. in Anthropology form Eastern New Mexico University and a B.A. in Anthropology from the University of Iowa. She is also a County of Orange Qualified Archaeologist. Stacie Tennant — Biological Studies Task Manager (ECORP) Ms. Tennant has 24 years of experience as a Wildlife Biologist/Project Manager. She has extensive experience in conducting and coordinating sensitive species surveys; focused surveys for Threatened/ Endangered plant and wildlife species; reconnaissance surveys; and habitat evaluations for Endangered, Threatened, and sensitive floral and faunal species; processing resource agency permits; and managing projects for multiple industries including transportation, water, electric utilities, and private development. She is experienced at implementation of field programs to track, report, and support compliance requirements and mitigation measures. Ms. Tennant is well versed in multiple species Habitat Conservation Plans (HCPs) including the Orange County Central/Coastal Natural Communities Conservation Plan (NCCP)/HCP, the Southern Subregion HCP, the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), and the San Diego Multiple Species Conservation Plan (MSCP). Her education includes a B.S. in Environmental Biology with a Minor in Chemistry from California State University at Northridge. John O'Connor, Ph.D., RPA — Cultural/Historic Resources Studies Task Manager (ECORP) Dr. O'Connor is a Registered Professional Archaeologist with over 11 years of archaeological experience in North America and the Pacific Islands, experience that includes cultural resources management, academic research, museum collections management, and university teaching. Dr. O'Connor meets the Secretary of the Interior's Professional Qualifications Standards for prehistoric and historic archaeology. Dr. O'Connor has extensive archaeological field experience, including exploratory and inventory survey, feature mapping, subsurface testing, data recovery, artifact analysis, lithic analysis, remote sensing data capture, geospatial data processing, underwater archaeology, and scientific diving. He is well versed in the evaluation of impacts to cultural resources for CEQA and NHPA Section 106 projects, and he has written or otherwise contributed to numerous environmental compliance documents throughout the Southern California region. His education includes a Ph.D. in Anthropology from the University of Oregon, and an M.A. in Anthropology and a B.A. in Anthropology from the University of Hawai'i at Manoa. He is also a County of Orange Qualified Archaeologist. Seth Myers — Air Quality/Noise/Energy Task Manager (ECORP) With 17 years of experience as an environmental planner and air quality, greenhouse gas (GHG), and noise analyst, Mr. Myers is involved in the preparation of a full range of CEQA and NEPA environmental compliance and review documents including environmental impact reports. He has extensive expertise conducting air quality, GHG emissions, and noise analyses -�J ECORP Consulting, Inc. October 21, 2021 ■ 8 ouncif"1. yL,,.,., ., !.,� ,16-198 3/21/2 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) and has a comprehensive working knowledge of the associated regulatory environment. He is proficient in the use of CalEEMod, EMFAC2014, AERMOD, the Roadway Construction Model, the Federal Highway Administration's Highway Traffic Noise Prediction Model, and other industry standard emissions and noise modeling tools. Mr. Myers has a B.A. in Environmental Studies and Planning (minor in Biology) from Sonoma State University. Andrew Kopania, Ph.D., R.G., C.H. — Water Resources Specialist (ECORP) Dr. Kopania's 28 years of experience in subsurface investigation, hydrogeology, and environmental engineering, including computer modeling of contaminant fate and transport, permitting and environmental impact assessment (CEQA/NEPA), expert witness services, investigation and remediation of contaminated soils and ground water, CERCLA RI/FS and RD/RA, and extensive experience in negotiations with state and federal agencies. Dr. Kopania has served as lead hydrogeologist, project manager, and technical advisor on a wide range of projects throughout California and North America. He holds a D. Env. in Environmental Science and Engineering from UCLA, an M.S. in Geology from the University of Michigan at Ann Arbor, and a B.S. in Geology from UCLA. He is also Professional Geologist, California #4711 and a Certified Hydrogeologist, California #31. John Jay Roberts, PG, CEG - Geotechnical/Hazardous Materials Task Manager (Ninyo & Moore) Mr. Roberts, PG, CEG, will serve as our Environmental Geologist for our environmental services. Mr. Roberts has over 45 years of experience performing environmental and geotechnical investigations of public, commercial, and industrial properties and environmental site assessments of government -owned sites, including initial site assessments (ISAs), Hazardous Materials Assessments (HMAs), Phase I Environmental Site Assessments (ESAs), Phase 11 ESAs, Preliminary Environmental Assessments (PEA), Remedial Action Plans. Mr. Roberts was the Senior Geologist for Ninyo & Moore's Phase 11 ESI and RA (2015-16) for the Los Angeles Department of Transportation, Downtown Compressed Natural Gas and Bus Maintenance Facility. Mr. Roberts has completed characterization, remediation, and human health assessments on numerous public properties. He has prepared successful applications for brownfields clean-up grants and managed and performed hydrogeologic investigations, groundwater resource evaluations, and water supply studies. He also provides expert witness and litigation support for environmental, geotechnical, and mining matters. He has a B.S. in Geology from University of Southern California and is a Professional Geologist (CA #3489) and a Certified Engineering Geologist (CA #1018). Frank Barrera — Traffic Study Task Manager (KOA) Mr. Barrera has 14 years of experience in the transportation planning field and has prepared and managed traffic impact studies, parking studies, circulation and mobility studies, bikeway improvement projects, feasibility studies, and active transportation projects for public and private developments throughout Southern California. His academic and work experience provides him with a background in ArcGIS for mapping, and research & analysis. He has conducted and managed bicycle corridor analysis, GIS database development and analysis, development of analysis criteria and methodology strategies, and coordinated with local jurisdictions and project _ ; A' ECORP Consulting, Inc. October 21, 2021 ■ 9 -- "-590 ouncif"1. yL,,.,., ., !.,� ,16-199 3/21/2 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) teams on outreach workshops. He holds a B.S. in Urban Planning from California State Polytechnic University at Pomona. Stephen Bise, PE — Preliminary Engineering (Roads) Task Manager (KOA) Mr. Bise has managed numerous civil and traffic engineering projects for several municipalities throughout Southern California. His project experience consists of preparing final plans, specifications, and estimate (PS&E) packages for various improvements to roadways/highways, intersections, drainage, low impact development (LID) implementation, traffic signals, ITS, lighting, signing/striping, and planning for future development. He also has extensive experience in complete streets design and implementation, which include safe multi -modal integration with aesthetic elements such as landscape and street furniture. Mr. Bise's keys to success include clear, concise communication and diligent quality control. He holds a B.S. in Civil Engineering from California State Polytechnic University at Pomona and he is a Professional Engineer (Civil), CA #76775. Remi Candaele, PE, QSD, QISP — Hydrology/Water Quality Studies/Water Assessment Study/Utility/Sewer Study/Preliminary Engineering (Utilities) Task Manager (Huitt-Zollars) Mr. Candaele brings a versatile background in planning, design, and construction support of Public Works and Institutional projects with an emphasis on storm water improvements. He has extensive experience in water management, street improvements, bike trails, water quality compliance, and master planning of utilities. Mr. Candaele has also prepared numerous publications and conference proceedings covering a wide range from new methods in water resources and the implementation of storm water strategic plans. He understands the importance of proactive communication with both internal and external stakeholders. His skill set is valuable to a successful completion of the project. His education includes a M.S. in Civil Engineering/Environmental Water Resources from University of Texas at Austin and an Ingenieur, Generalist, Ecole Centrale de Lille, France. He is also a Professional Civil Engineer (California/#77517) and a Qualified SWPPP Practitioner (California/#20873). Marie Marston, PE, QSD, QISP — Hydrology/Water Quality Studies/Water Assessment Study/Utility/Sewer Study (Civil Works) Ms. Marston, P.E., QSD, QISP is the principal and president of Civil Works Engineers, a civil engineering firm. With over 40 years of professional civil engineering experience, her background includes general infrastructure and public works improvement projects such as transportation including streets and freeways, site improvements for commercial and public facilities, hydrology and storm drains, water distribution, right-of-way engineering, utility modifications, grading, retaining walls, as well as providing funding applications assistance. Her experience covers projects from inception to completion including project and program management, planning, design, and construction. She has experience in working with both the public and private sector including cities, counties, state agencies, federal agencies, school districts, universities, developers, and architects/engineers. She is accustomed to working on projects involving several jurisdictions therefore, requiring extensive coordination among the project stakeholders. She has provided technical expertise to local chapters of the Women's Transportation Seminar as an Advisory Board member as well as the American Public Works Association Vice President of Membership. Ms. Marston has also been on the Harbor -�,J ECORP Consulting, Inc. October 21, 2021 ■ 10 ouncif"1. 1L ,,.,., ., !.,� ,16 - 200 3/21/2 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Commission for two years as a City of Newport Beach Council Appointed Commissioner. Ms. Marston holds a B.S. in Civil Engineering from Oregon State University and an M.B.A. from the University of California in Irvine. Ms. Marston is a registered professional engineer and a qualified SWPPP developer and practitioner in the state of California. Jessica Padilla Bowen — Public Outreach Task Manager (KPA) Ms. Padilla Bowen joined KPA in 2020, bringing with her more than 20 years of experience in government and nonprofit communication. She spent 15 years working in communication for the City of Carlsbad serving various departments including Community & Economic Development, Public Works, Library & Cultural Arts, and others. She also served as Public Information Officer in the City's Emergency Operations Center. Prior to joining the City of Carlsbad, Ms. Padilla Bowen spent six years in nonprofit communication, handling all aspects of media relations, from photo and video shoots to pitching and coordinating hundreds of television, print, and radio interviews. She has a Master of Public Administration from San Diego State University and a B.A. in Theater & Economics from Occidental College, Los Angeles. Organization Chart CITY OF SANTA ANA Proiect Manager/Principal Agent Jesus *FreddW Olmos QAIQC Manager Anne Surdzial, AICP Legend * = Task Manager N = Ninyo & Moore K = KOA Corporation H = Huitt-Zollars C = Civil Works Engineers (DBE) P = Katherine Padilla & Associates (DBE) Deputy Project Manager/ Alternative Agent Tom Holm, AICP AB 52 Tribal Cultural Resources Biological Studies Stacie Tennant' Carley Lancaster Environmental CEQAINEPAIPreliminary Study (PESIIFAA 8 CulturaliHistoric Resources Studies John O'Connor. Ph D.. RPA' Jeremy Adams Air Quality/GHG/ NoiselEnergy Seth Myers' Will Duvall Rosemary Worden Lisa Westwood. RPA ALUC1Mineral Resources/ On -Call Staff Consulting Jesus'Freddie' Olmos' David Atwater Tom Holm, AICP Lindsay kegler Traffic Study Frank Barrera' K Greg Garces K Public Outreach Jessica Bowen ' P Lorena Hernandez P Thelma Herrera P Sulah Samaniego P HydrologVANater Quality StudieslWater Preliminary Engineering Geotechnicall Hazardous Materials John Jay Roberts, PG. CEG ' N Ronald Helium, PG. CEG N Assessment Study/Utility/Sewer Study (to Support CEQA Analysis) Remi Candaele, PE. QSD, QISP ' H Andrew Kopania. Ph.D.. RG, CH ' Marie Marston. PE, QSD, QISP ' C Roads. Stephen Bse, PE' K Utl1I0es: Remi Candaele. PE. QSD. QISP' H Additionally, the ECORP team has over 200 environmental analysts, cultural resources specialists, water quality specialists, biologists, botanists, wetlands specialists, GIS technicians, and a full document production staff available to provide the environmental services as described in the RFP. ECORP Consu ouncil Inc. October 21, 2021 ■ 11 16-201 3/21 /20 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) D - Understanding of Need ECORP's approach to on -call consulting services with our agency clients is to work hand -in - hand with City project managers to ensure the projects receive legally sufficient environmental documentation while meeting schedule and budget constraints. Beginning at the initial project planning level, ECORP staff will work closely with City staff to determine the environmental constraints for the project so that they may be identified and avoided early in the process, if possible. ECORP can respond to the range of different City project needs, including preparing constraints analyses to understand potential environmental issues, conducting field surveys, preparing technical reports, preparing and processing all levels of CEQA or NEPA documents, and assisting the City with permitting and mitigation implementation. Through our on -call and other agency experience, we have prepared documentation for Categorical Exemptions (CEs), Initial Study/Mitigated Negative Declarations (IS/MNDs), Environmental Impact Reports (EIRs), public noticing, Mitigation Monitoring Programs, Findings, and Statements of Overriding Considerations for projects throughout California, including in and for the City. Our experience includes the preparation of both stand-alone NEPA documents and joint NEPA/CEQA documents meeting a variety of federal agency guidelines, including the State Water Resources Control Board's CEQA Plus process, U.S. Army Corps of Engineers, U.S. Department of Housing and Urban Development (CDBG Grant Program), and Bureau of Reclamation. Typically, most City projects are likely to require CEs or IS/MNDs with supporting technical studies. ECORP has extensive experience with environmental services contracts issued by public agencies. Our staff enjoys working on these types of contracts because it affords us the opportunity to establish an efficient working relationship with our client that allows us to act as a virtually seamless extension of the client's staff. This type of arrangement ensures that the contract and the various projects issued under the contract run smoothly. Our staff is particularly experienced with quick response times, short lead times for mobilizing field teams and for completing the fieldwork, and strict schedules for completing the reports. In addition, our staff members adapt quite easily to the various report formats required by our government agency clients. We understand the importance of quality control for documents that must be submitted to the resource agencies and the various entities responsible for approving the implementation of City projects. Project Management Philosophy ECORP is highly experienced with assisting local government agencies through the environmental process. ECORP's current work and recent experience with public agencies throughout California, and specifically in southern California and Orange County, provide us with the skills to successfully provide these services to the City. This experience enables us to efficiently and thoroughly evaluate each project to determine the level of effort and expertise required, the appropriate environmental documents or technical reports that will be necessary, J ECORP Consulting, Inc. October 21, 2021 ■ 12 ouncif"1. 1L ,,.,., ., !.,� ,16 - 202 3/21/2 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) and the cost and schedule for completing the project. Our project management philosophy is founded on the following central principles: Dedication and high -priority service, such that all City projects are given the attention required from initiation to completion. Open communication and personalized service, so that the City's needs are understood and acted upon. Awareness of the need to balance schedules and cost, so that project tasks are appropriately focused and completed. Technically and legally defensible documentation, based on our Quality Assurance/Quality Control (QA/QC) process, which includes senior staff technical review and review by our professional technical editor. No substitution of key staff with junior or underqualified staff, so that deliverables are correct and complete the first time. A commitment to excellence, so that the City can be assured that the best service and product will be delivered within the time and budget required. Quality Assurance/Quality Control (QA/QC) ECORP has a very thorough QA/QC program that is the same for each of the types of services listed in Appendix Attachment 1 of the RFP, in that Mr. Olmos will oversee the entire contract. Mr. Olmos, the primary point of contact for the City, will approve the scope of work, schedule, and cost estimate to ensure the appropriate resources are available and committed to each task order and will perform the final reviews on reports and invoices. ECORP has standard outlines and report formats for CEQA and/or NEPA documentation, biological resources technical reports, cultural resources technical reports, and regulatory permitting documentation. These report formats currently meet or exceed the legal and technical standards required by the regulatory agencies that will be involved with City projects. However, we also regularly incorporate analyses and technical data into agency -specific formats, and will utilize the appropriate formats, when required. The appropriate Task Manager will be the first person to review reports for content and accuracy. Following the Task Manager's review, ECORP's technical editors and QA/QC Manager, Ms. Surdzial, in the roles of internal technical editors and peer reviewer, will review the document for completeness and provide comments back to the Task Manager. After edits are incorporated, the report will be submitted to the Publications Department for formatting. Once the report has been assembled as a preliminary draft, it will be submitted as a draft to the City. Following the incorporation of City comments by the Task Manager, Ms. Surdzial will complete one final review of the final report prior to its submittal to the City. Our thorough QA/QC program ensures our documents and work products are comprehensive and legally defensible. Responsiveness ECORP understands that work can often be requested on short notice, with short turn -around times. ECORP is very experienced at responding to our clients' needs on very short notice, J ECORP Consulting, Inc. October 21, 2021 ■ 13 ouncif"1. 1L ,,.,., ., !.,� ,16 — 203 3/21/2 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) often within 24 hours. Our work plan includes proactive planning and delegation of responsibilities to team members at the initiation of each task order. We want to be able to complete the projects as quickly as possible, but we will ensure that all technical analyses are conducted correctly, such as ensuring that biological resources surveys are done during the appropriate time of year. We will create a master calendar for this program so that all projects and assigned staff are evident and so each staff member knows their schedule and their responsibilities. E - Relevant Experience This section provides examples of ECORP's work experience comparable to the services that are expected to be needed by the City. For a number of the ECORP project examples, the currently proposed subconsultants were/are integral parts of the project teams. Septic to Gravity Sewer Conversion Project, Santa Ana, Orange County Client Name: City of Santa Ana as a Sub to Huitt-Zollars Year Completed: 2020 The City of Santa Ana proposed installing sewer mains and laterals and transferring existing residences and business from septic systems to the City's sewer system in the Pasadena Street/Medford Avenue/Deodar Street and Ponderosa Street neighborhood previously unserved by the City. Extension of water mains and laterals was also included. ECORP prepared a CEQA Initial Study/Mitigated Negative Declaration, supported by Air Quality/Greenhouse Gases, Noise and Phase I Environmental Assessments (prepared by Group Delta) for the project. On -Call Environmental Documentation Contract (CEQA/NEPA, Biological, Archaeological, and Regulatory Permits), Orange County Client: Orange County Public Works Year Completed: 2020 ECORP had a Master Services Agreement (MSA) with Orange County Public Works (OCPW) for on -call tasks orders based on supplemental professional services to meet workload demands and project scheduling commitments in relation to support services for regulatory permitting projects, support services for environmental documentation projects, and/or support services for habitat creation/restoration/enhancement projects. Relevant tasks that have been performed to date include: Peters Canyon Wash Mitigation Restoration Services. Restoration services were provided for the Peters Canyon Wash Habitat Mitigation Area as compensation for impacts associated with County projects. Tasks included the replacement of container plants, supplemental seed mix application, planting basin creation and mulch application, protective cage installation, weed abatement, and invasive exotics removal from the site in accordance with the HMP. ECORP submitted memorandums to the County documenting the conditions. 24-Hour On -Call. ECORP provided on -call biological resources consulting services following a 24-hour notice to the County and Orange County Flood Control District. Requested services included a nesting bird survey and monitoring of vegetation ECORP Consulting, Inc. October 21, 2021 ■ 14 ou 16-204 3/21 /2 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) removal on the Lower Peters Canyon Retarding Basin Project. ECORP submitted a compliance memorandum to the County. Santa Ana River Cleanout Surveys and Monitoring. ECORP conducted nesting/breeding bird and grunion surveys prior to sediment removal operations at the Santa Ana River Outlet. ECORP biologists identified nests in the project area and demarcated grunion run areas for avoidance during operations in accordance with regulatory permits. Also, provided full-time biological construction monitors to protect nests, grunion run areas, snowy plovers, and least terns during operations. C05 Maintenance Road Improvement Project. ECORP conducted a biological reconnaissance survey and field meeting at a proposed staging area for the placement of the disintegrate granite for the Project. A follow-up memo was prepared with recommendations, addressing California Coastal Commission concerns. Lower Peters Canyon Basin HMMP. Prepared a Habitat Mitigation and Monitoring Plan (HMMP) for planned maintenance activities within a retarding/ retention basin. Project duties included performing an assessment of the site for mitigation potential, developing a conceptual site restoration plan, incorporating into the HMMP avoidance measures for federally protected coastal California gnatcatcher and least Bell's vireo, and submitting for resource agency review and approval. Santa Ana River Bridges CEQA Addendum. ECORP prepared an Addendum to a Program EIR addressing engineering improvements to enhance safety and security at 8 bridges along the Santa Ana River from Yorba Linda to Huntington Beach. Trabuco Creek Road Dust Control and Soil Stabilization. ECORP provided preconstruction nesting bird survey services in addition to work environmental awareness training in addition to pamphlet handouts for construction workers. Biological construction compliance monitoring was also provided during dust control and soil stabilization measures being applied to Trabuco Creek Road from Trabuco Canyon Road to the first creek crossing. Hospital Road and Justice Way CEQA Documentation. ECORP prepared a Categorical Exemption with technical studies for roadway improvements near the Orange County Juvenile Justice Center in Orange, California. Technical studies included air quality/GHG and noise, and cultural/historic resources. OC Loop Bikeway Segment D Project. ECORP prepared Cultural Resources, Biological Resources, and Location Hydraulic studies for the OC Loop Segment D Class I Bikeway project, located from Imperial Highway south to Bastanchury Road along the Carbon Canyon Flood Channel. ECORP prepared an Area of Potential Effects (APE) Map, an Archaeological Survey Report (ASR), and a Historic Property Survey Report (HPSR). ECORP's archaeologist obtained Sacred Lands search file and a list of Native American contacts for the project area from the California Native American Heritage Commission (NAHC) in compliance to the Caltrans Section 106 guidelines. ECORP also prepared a Natural Environment Study/Minimal Impact (NESMI) for the project that described the existing biological environment at the project site, based on the results of our survey work and research conducted. ECORP submitted cultural and biological ECORP Consultinm, Inc. October 21, 2021 ■ 15 -- "-590 ouncif"1. 1L ,,.,., ., !.,� ,16 - 205 3/21/2 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) reports to Caltrans District 12 using the format and guidance contained in the Caltrans Standard Environmental Reference (SER). This Bikeway Gap Closure project is a Caltrans Local Assistance project. Maintenance Monitoring Along Trabuco Creek Road. ECORP conducted biological monitoring for the Trabuco Creek Road maintenance activities. ECORP coordinated with OC Public Works, assisted with biological compliance, provided WEAP training and monitoring reports. A Nesting Bird Survey for the El Modena Open Space. ECORP provided OC Parks with environmental services for the El Modena Open Space in Orange County, California. The survey was in support of mechanical weed reduction activities at eight locales around the perimeter of the El Modena Open Space as part of ongoing fuel modification zone management. Bolsa Chica Channel Biological Survey and Jurisdictional Delineation. ECORP provided environmental services for the Bolsa Chica Channel (channel) in the Cities of Seal Beach and Westminster. ECORP biologists conducted a biological reconnaissance survey and a jurisdictional delineation of the channel and provided OCPW with a biological report summarizing the results of both surveys. OCPW was proposing to replace repair the earthen slopes and invert and to add rock armoring from the toe to approximately two feet up the slope. The project area spans across two consecutive reaches of an approximately 3-mile stretch of the channel between State Route 22 and the confluence with the Westminster Channel. East Garden Grove-Wintersburg Channel General Regulatory Support. ECORP provided regulatory support for the East Garden Grove-Wintersburg Channel (channel) in the City of Huntington Beach, Orange County, California. Additional information regarding the jurisdictional waters within the channel was requested by OCPW based on comments from the U.S. Army Corps of Engineers (USACE). In response to this request, ECORP prepared a figure showing the location of the mapped ordinary high-water mark (OHWM) on a cross-section of the channel. ECORP also prepared a discussion regarding estimated flood events and physical indicators that were mapped during the delineation and subsequently used to identify the OHWM in the channel. The figure and discussion were presented in a letter report that serves as an addendum to the Biological Resource Assessment and Jurisdictional Delineation report on the channel prepared for the OCPW. In addition, ECORP worked with OCPW to address any additional regulatory questions or comments regarding the delineation of the channel. As -Needed Environmental and Cultural Consultant Services, Los Angeles County Client: Los Angeles County Public Works Year Completed: Ongoing Since 2007, ECORP has provided CEQA/NEPA, biological resources, restoration ecology, regulatory permitting, and cultural resources services to the county at various infrastructure projects throughout the county. Examples of task orders include: J ECORP Consulting, Inc. October 21, 2021 ■ 16 ou 16 — 206 3/21 /2 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Peck Water Conservation Project. ECORP reviewed the Draft IS/MND for the Peck Road Water Conservation Improvement Project, which was prepared by another consultant. This project includes removal of sediment from an approximately eight -acre area, which Los Angeles County Flood Control District (LACFCD) Water Resources Division is proposing to mitigate by creating habitat around the perimeter of the basin. Big Tujunga Wash Mitigation Area. Since 2007, ECORP has been providing biological services for the County's 245-acre Big Tujunga Wash Mitigation Area near the community of Sunland in Los Angeles County. Devil's Gate Reservoir Sediment Removal and Restoration Project. ECORP is providing mitigation planning and regulatory permit services for the Devil's Gate Reservoir Sediment Removal and Restoration Project. The goal of the project is to restore and maintain the flood capacity of the reservoir to meet its intended level of flood protection for the communities located downstream of the facility. Devil's Gate Reservoir Sediment Removal and Restoration Project On -Call Environmental Services Contract, San Bernardino County Client: San Bernardino County Department of Public Works and San Bernardino County Flood Control District Year Completed: Ongoing ECORP is currently providing on -call environmental services to the San Bernardino County Department of Public Works under two blanket purchase orders, one for general environmental services and the other for cultural resources services. Through these purchase orders, ECORP performs CEQA and NEPA compliance, archaeological and biological resources surveys, regulatory permitting, preconstruction surveys, construction monitoring, and environmental awareness training for Department projects, including road improvement projects and bridge replacement projects. Select task orders have included: Sunburst Avenue Bike Trail Project. The County of San Bernardino Department of Public Works (County) proposed the construction of a Class I Bike Path and a Class II Bike Lane along a two-mile portion of Sunburst Avenue between Twentynine Palms Highway (SH-62) and Calle Los Amigos in the vicinity of Joshua Tree. The County served as the CEQA Lead Agency for the IS/MND prepared by ECORP. Technical studies in support of the IS/MND included biological resources, jurisdictional delineation, California Rapid Assessment Method (CRAM) report, cultural resources, paleontological resources, air quality/greenhouse gas, and noise. Mountain View Acres Storm Drain Project. The County of San Bernardino proposed a stormwater management project for approximately 3,384 lineal feet of unnamed drainage in the unincorporated community of Mountain View Acres and the City of Victorville. The purpose of the project was to provide 100-year flood protection to the Mountain View -J ECORP Consulting, Inc. October 21, 2021 ■ 17 ou 16 — 207 3/21 /2 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Acres community by extending the existing double -reinforced concrete box under Palmdale Road (State Route 18) to the northeast corner of Cobalt Road and Seneca Road. ECORP prepared an IS/MND in compliance with CEQA. ECORP hired and managed a subconsultant, who prepared an air quality study/greenhouse gas analysis to support the IS/MND. ECORP incorporated biological resources, cultural resources, and jurisdictional delineation studies completed for the project by County staff into the IS/MND. ECORP also prepared and submitted applications for a Pre -Construction Notification for a Nationwide Permit with the USACE, a Notification of Lake or Streambed Alteration Form with the CDFW, and a Section 401 Water Quality Certification Application Form with the RWQCB. The IS/MND and regulatory permitting were prepared on an accelerated schedule to meet the County's deadlines. Camp Rock Road Maintenance Project. ECORP provided biological services in support of road maintenance activities on Camp Rock Road in rural San Bernardino County twice in 2014. The work was required for routine maintenance, as well as for repairing washed- out sections of the road following monsoonal rain events and was performed in desert tortoise critical habitat. ECORP provided qualified biologists to conduct preconstruction sweeps of the work areas prior to the initiation of grading activities and monitored the work to ensure that desert tortoises and their burrows were not impacted. San Moritz Drive Pipeline Replacement Project. ECORP conducted regulatory permitting and supporting technical studies for this project, the replacement of a stormwater drainage structure underneath San Moritz Drive. ECORP prepared a jurisdictional waters delineation, cultural resources study, biological resources study, regulatory permit applications, and conducted agency coordination. Bear Valley Road Repair. ECORP performed construction monitoring for a road repair project along Bear Valley Cutoff east of State Route 18 in the Apple Valley Area for the San Bernardino County DPW. Biologists performed daily monitoring for desert tortoise and other sensitive species. The biologists also provided standard tortoise education and awareness classes for the contractor's staff to ensure that no tortoises were harmed during the project. Hinkley Road Crossing Repair Project. ECORP provided environmental review services for the reopening of Hinkley Road including the repair of the bridge protection, restriping, re -painting of pavement markings, and installation of roadside signage. ECORP prepared a CEQA categorical exemption and NEPA categorical exclusion due to federal funding of the project. ECORP also prepared a Caltrans Preliminary Environmental Study (PES), jurisdictional delineation, and regulatory permitting applications, and provided extensive coordination with regulatory agencies in in support of obtaining USACE, CDFW, and RWQCB permits. National Trails Highway Road Improvements. ECORP biologists performed pre - construction surveys and construction monitoring for road improvement activities along National Trails Highway one mile north of Vista Road for the San Bernardino County DPW. Biologists performed preconstruction surveys to determine presence of desert tortoise, burrowing owl, and other nesting birds. During construction, biologists performed daily monitoring for desert tortoise, burrowing owl, and other sensitive species. The ECORP Consultinm, Inc. October 21, 2021 ■ 18 -- "-590 ouncif"1. 1L ,,.,., ., !.,� ,16 - 208 3/21/2 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) biologists also provided standard tortoise education and awareness classes for the contractor's staff to ensure that no tortoises were harmed during the project. Shadow Mountain Road Repair. ECORP biologists performed construction monitoring during road repairs along Shadow Mountain Road and Old El Mirage Road west of US Route 395 near Adelanto for the San Bernardino County DPW. Biologists performed daily monitoring for desert tortoise and other sensitive species. The biologists also provided standard tortoise education and awareness classes for the contractor's staff to ensure that no tortoises were harmed during the project. Daily monitoring reports were generated and submitted on a weekly basis West Street and Citron Street Sidewalk Gap Closure, Orange County Client: City of Anaheim Year Completed: 2018 ECORP prepared a Caltrans Local Assistance PIES, NEPA CE, and CEQA CE in support of two sidewalks in the City of Anaheim just north of Anaheim High School. The project included the construction of sidewalk gap closures, including new five -foot -wide sidewalks, reconstruction of ADA-compliant driveways and ramps, curb and gutter, drainage facilities and minor asphalt concrete pavement resurfacing, and reconstruction/rehabilitation as needed to accommodate grades within the existing right-of-way along West Street and Citron Street. In support of the PIES, ECORP also prepared an Area of Potential Effects (APE) Map, Archaeological Survey Report (ASR), Historic Property Survey Report (HPSR), and conducted Native American Consultation. ECORP provided Spanish translation services for the public meeting notice and was available during the public meeting to answer questions from the Spanish-speaking residents. CEQA Documents for Inglewood Avenue at Manhattan Beach Boulevard, Los Angeles County Client: City of Redondo Beach as a Sub to Onward Engineering Year Completed: 2017 ECORP prepared an IS/MND and supporting air quality/greenhouse gas assessment for proposed turn lane improvements on Inglewood Avenue at Manhattan Beach Boulevard in the City of Redondo Beach. The project consists of a new right turn land or southbound Inglewood Avenue to westbound Manhattan Beach Boulevard, allowing for an additional southbound through lane. The proposed improvements are expected to improve the level of service. Lincoln Avenue Widening Project (from East Street to Evergreen Street), Orange County Client: City of Anaheim as a Sub to AndersonPenna Partners Year Completed: 2018 ECORP prepared an IS/MND and supporting Cultural Resources Technical Report, which included the historic evaluation of 22 properties along Lincoln Avenue in the City of Anaheim. The Lincoln Avenue Widening Project would improve the Level of Service (LOS) for a segment of Lincoln Avenue between East Street and Evergreen Street. Lincoln Avenue serves as a major east/west arterial and is classified as a primary arterial by the City of Anaheim's General ECORP Consulting, Inc. October 21, 2021 ■ 19 ouncif"1. yL ., !.,� ,., 16 - 209 3/21/2 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Plan Circulation Element. Currently, this segment of Lincoln Avenue is a four -lane divided roadway operating at a LOS "C" with a mid -block volume to capacity ratio of 0.80. The Project would widen an approximate 2,700-foot segment of Lincoln Avenue from East Street to Evergreen Street and convert this segment of Lincoln Avenue from a four- to a six -lane divided arterial. This project is anticipated to improve the arterial LOS "C" to an LOS "A" with a volume capacity ratio of 0.53. Verdugo Street Beautification Project, San Juan Capistrano, Orange County Client: City of San Juan Capistrano as a Sub to Adams -Streeter Year Completed: 2020 ECORP prepared a CEQA IS/MND with technical studies for right-of-way improvements to Verdugo Street in the Historic Town Center of San Juan Capistrano. The Concept Plan proposes landscaping with tree planting, enhanced paving, walkways, storm water capture/treatment, signage and utilities to create a pedestrian friendly paseo on this commercial street between Camino Capistrano and the Metrolink Station at the entry to the Historic Los Rios District in downtown San Juan Capistrano. F - References ECORP encourages the City to contact our references. James Volz, P. Senior Civil Engineer (714) 834-5129 James.Volz@ocpw.ocgov.com Brian Ige Associate Engineer (714) 647-3385 bige@santa-ana.org Mark Gim Project Manager (626) 458-6139 TGim@dpw.lacounty.gov Nancy Sansonetti, AICP Planner III (909) 387-8109 nancv.sansonettiadow.sbcou Cesar Carillo, PE Principal Engineer (714) 765-5175 ccarrillo@anaheim.net ECORP Consu ;ouncil Inc. Table 1 — References OC Public Works 601 N. Ross Street Santa Ana, CA 92701 City of Santa Ana Public Works Agency 20 Civic Center Plaza, Santa Ana, CA 92702 6 On -Call Environmental Documentation Contract (CEQA/NEPA, Biological, Archaeological, and Regulatory Permits), i Orange County Septic to Gravity Sewer Project for Three Streets in a Residential Area, Santa Ana, Orange County Los Angeles County Public As -Needed Works Environmental and 900 S. Fremont Avenue, 9t" Cultural Consultant Floor Services, Los Angeles Alhambra, CA 91803 County County of San Bernardino, Department of Public Works 825 East Third Street San Bernardino, CA 92415 M-3 City of Anaheim, Department of Public Works 200 S. Anaheim Blvd, MS #276 Anaheim, CA 92805 On -Call Environmental Services Contract, San Bernardino County West Street and Citron Street Sidewalk Gap Closure, Orange County October 21, 2021 ■ 20 16 — 210 3/21 /20 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) SECTION 2: SCOPE OF SERVICES AND SCHEDULE ECORP �avrtrs ;ounci Inc. October 21, 2021 ■ 21 16-211 3/21 /2 -590 City Council 16 — 212 3/21/2023 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Scope of Services and Schedule This section provides ECORP's approach to providing environmental services and managing schedules applicable to right of way specialty work. Our overall approach is to provide environmental compliance services that meet the following goals: Concise, well -written technical documents that analyze environmental issues and provide feasible mitigation measures agreed upon by City staff High -quality CEQA and NEPA documents that are easily understandable by the public and decision makers and meet the requirements of outside agencies, if needed Delivery of services on time and within budget CEQA/NEPA Environmental Documentation Services ECORP has a highly qualified group of in-house professionals with over 20 years of experience in preparing environmental documents that comply with both CEQA and NEPA, including IS/MNDs, EIRs, Categorical or Statutory Exemptions, Environmental Impact Statements (EIS), Environmental Assessments (EA), Categorical Exclusions (CE), Findings of No Significant Impact (FONSI), and joint CEQA/NEPA documents. ECORP's environmental specialists regularly synthesize technical studies provided by specialty subconsultants (e.g., traffic, hazardous waste, geotechnical/soils, hydrology/floodplain) into the respective sections of environmental documents. They are also experienced in conducting detailed Alternatives Analysis, Addendum and Supplemental/Subsequent CEQA/NEPA documentation, noticing, public outreach (including Spanish -English bilingual services), and preparing the administrative record. Bilingual Outreach Our CEQA and NEPA document expertise extends to facilitating the public participation component of these processes. Our technical staff includes English/Spanish bilingual personnel, and we often include the English/Spanish translation of public notices and other public information materials as part of the environmental process. ECORP �avnrsNA ;ounce Inc. October 21, 2021 ■ 22 16 - 213 3/21 /2 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) Cultural Resources Services ECORP's staff of cultural resources specialists is experienced providing the full range of cultural resources services to a variety of public and private clients throughout California. Our staff of archaeologists and historic resources specialists is fully versed in procedures to comply with the cultural resources provisions of CEQA, Section 106 of the NHPA, and other federal, state, and local statutes. Our project experience includes conducting hundreds of records searches and surveys, recording both prehistoric and historic -age archaeological resources. ECORP is leading the way in the implementation of the new CEQA requirement for tribal ECORP's cultural resources staff has provided monitoring services throughout southern California consultation under the recently passed Assembly Bill (AB) 52. We document historic -age structures and buildings, evaluate resources for eligibility for the National Register of Historic Places, the California Register of Historical Resources, and local registers, and conduct test excavations to evaluate archaeological sites. ECORP's cultural resources staff conducts Native American consultation for most projects. Biological Resources Evaluations and Habitat Assessments ECORP is well versed in the management of biological resources of Orange County including the Central -Coastal Natural Community Conservation Plan NCCP/HCP, Orange County Southern Subregion HCP, and Orange County Transportation Authority's M2 NCCP/HCP. ECORP is fully staffed with biologists permitted to perform habitat assessments and protocol -level surveys for state -listed and federally listed wildlife species likely to be encountered in Orange County under this contact. Our botanists have permits to collect vouchers for several sensitive plant species, and we have certified arborists in-house. Our staff has local, regional, and statewide experience working within a wide variety of habitats and natural Our biologists conduct aquatic and terrestrial biological surveys, as well as monitoring communities. Our biologists are familiar with species' habitat components and life histories and apply agency -approved survey methods. The ECORP team has prepared a variety of environmental documents that include, but are not limited to, habitat mitigation and monitoring plans, long-term monitoring plans (i.e., restoration), habitat conservation plans, natural community conservation plans, feasibility studies, biological technical reports, biological due diligence/ assessments, and environmental assessments. We conduct jurisdictional wetland delineations and prepare reports following established agency standards. These reports consistently receive concurring determinations from the agencies. ECORP staff members have established professional working relationships with federal and state regulatory agencies, based on technical excellence and a thorough understanding of regulatory processes. We are experienced in preparing environmental permit applications for a variety of agencies that include, but are not limited to, USACE, USFWS, CDFW, and RWQCB, J ECORP Consulting, Inc. October 21, 2021 ■ 23 ouncif"1. 1L ,,.,., ., !.,� ,16 - 214 3/21/2 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) and have successfully negotiated permit conditions on behalf of our clients for hundreds of projects. Air Quality and Greenhouse Gas Assessments ECORP's technical assessment and modeling team is involved in the preparation of a full range of CEQA environmental compliance and review documents, and is proficient in the use of CalEEMod, EMFAC2014, AERMOD, and other industry standard emissions modeling tools. ECORP has extensive expertise conducting emissions -related analyses and a comprehensive working knowledge of the associated regulatory environment, including that promulgated by the South Coast Air Quality Management District (SCAQMD) to achieve and maintain all federal and state air quality standards in the South Coast Air Basin, in which the City is located. We are also familiar with the SCAQMD's and the City's efforts to reduce greenhouse gas emissions and reduce the effects of climate change. Noise Assessments ECORP employs state-of-the-art technology and a comprehensive working knowledge of the regulatory environment to provide clients with cost-efficient and technically defensible noise - related analysis. ECORP's technical analysts are proficient in the use of the Roadway Construction Model, the Federal Highway Administration Highway Traffic Noise Prediction Model, and other industry standard noise modeling tools. ECORP also provides both short and long-term noise level measurements to assess the existing noise environment and effectively analyze the contributions of a given project on future ambient noise levels. Noise level measurements provide an understanding of existing conditions as they relate to local regulations and the noise -sensitive land uses in a given area. Our staff is experienced with collecting noise level measurements for a variety of projects, from residential homes to commercial and warehouse developments, and use equipment which meets the latest American National Standards Institute (ANSI) standard specifications for sound level meters. We will create a master calendar for this program so that all projects and assigned staff are clearly defined and each staff member knows their schedule and their responsibilities. Supporting Technical Studies and Services Hydrology, Water Quality, Sewer, and Utility Services Both Huitt-Zollars and Civil Works offer a wide range of storm water quality management expertise to both the private and public sectors for both linear and traditional construction projects throughout California. These subconsultants approach each project with site -specific and cost-effective techniques to minimize storm water pollution, and comply with state, federal, and local regulations. The ECORP team includes Certified Professionals in Erosion and Sediment Control (CPESCs) that are certified by the State as Qualified SWPPP Developers (QSD) and Qualified SWPPP Practitioners (QSP). Each QSDs and QSPs are familiar with the requirements set forth in the NPDES Construction General Permit, Municipal, and Industrial Permits. Both Huitt-Zollars and Civil Works have long-term experience with SWPPP preparation and implementation and qualified staff that specialize in compliance assistance with the requirements of the State Water Resources Control Board (SWRCB). Their staff possesses an J ECORP Consulting, Inc. October 21, 2021 ■ 24 ouncif"1. 1L ,,.,., ., !.,� ,16 — 215 3/21/2 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) in-depth knowledge of appropriate and effective erosion and sediment control Best Management Practices (BMPs) and our team of project managers and environmental specialists regularly assist clients with the permitting and monitoring process. Traffic and Transportation Engineering Services KOA has extensive experience in traffic and transportation engineering and has provided traffic engineering services on many awarded winning projects throughout Southern California. Their staff of registered professional engineers and designers has extensive knowledge of standards and specifications such as the California Manual on Uniform Traffic Control Devices, Highway Design Manual, Highway Capacity, and Standard Plans for Public Works Construction, Caltrans Standard Plans and Specifications. They also have knowledge and experience in preparing Caltrans Encroachment permits, PEERs, and Fact sheets. KOA services include, but are not limited to traffic circulation study, vehicles miles traveled (VMT) analysis, transportation demand management plans, transit and access improvement plans, parking analysis and management measures, signal timing, engineering and traffic survey, collision data analysis, road safety audits and systemic safety analysis, signal and left -turn warrants, signing and striping design, bicycle facilities design, traffic signal, intelligent transportation systems (ITS), traffic management systems (TMS), street lighting, worksite traffic control plan, and traffic signal system inventory and master plan. Geotechnical Ninyo & Moore will provide geotechnical consulting services in preparation of environmental planning documents in accordance with the guidelines of the CEQA and NEPA. Ninyo & Moore's CEQA and NEPA-level evaluation will address the site geologic conditions, the proposed project's impacts on the geologic environment, the potential geologic and seismic hazards that may affect the project, and appropriate mitigation recommendations. Their approach to this evaluation generally entails review of geotechnical background materials, including topographic and geologic maps, published geotechnical literature, seismic data, groundwater data, and aerial photographs; geologic site reconnaissance; evaluation of the potential impacts that the project components may have on the existing geologic environment; assessment of the general geologic conditions and seismic hazards affecting the area, including surface fault rupture, ground shaking, liquefaction, landslides and mudflows, soil erosion, subsidence, settlement, and expansion or collapse of soils, and evaluation of their potential impacts on the project; compilation and geotechnical analysis of existing geotechnical data pertaining to the subsurface conditions; and preparation of a Geology and Soils technical report presenting findings, conclusions, and preliminary mitigation recommendations regarding the various geologic constraints for the project, as well as conclusions and recommendations relative to the geotechnical aspects of the project's conceptual design and construction. Environmental Site Assessments Ninyo & Moore will assist in conducting Phase I Environmental Site Assessments (ESAs) to evaluate if recognized environmental conditions (RECs) are present on project sites. RECs are basically the likely presence of hazardous substances or petroleum products in soil, soil vapor or groundwater at the property indicative of a release. The Phase I ESAs will be prepared in accordance with ASTM Phase I ESA Standard E1527-13. The Phase I ESAs are based on J ECORP Consulting, Inc. October 21, 2021 ■ 25 ouncif"1. 1L ,,.,., ., !.,� ,16 - 216 3/21/2 -590 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) review of the historical records (topographic maps, Sanborn Fire Insurance Rate Maps, aerial photographs, etc.), environmental lien search, environmental database review, property records review (including previous environmental documents), site reconnaissance, property owners interviews, and regulatory agency personnel interviews. The Phase I ESA report can be incorporated into the CEQA/NEPA document. If RECs are identified, they will be clearly identified in the Phase I ESA report, which will include recommendations for a Phase II ESA. The Phase 11 ESA is intended to thoroughly investigate the chemicals of potential concern (COPCs) suspected to be present in soil, soil vapor or groundwater beneath the project site. The Phase 11 ESA will be conducted in accordance with ASTM Phase 11 ESA Standard E1903- 11. The scope of the Phase II ESA will be presented in a work plan for review and approval by the Harbor Department. The Phase II ESA will include appropriate sample collection and analyses, compare concentrations of COPCs to appropriate federal or state regulatory health risk screening levels, and evaluate health risks to workers and occupants. The Phase II ESA will clearly summarize results and provide potential mitigation measures to reduce their impacts to the project. Results of the Phase II ESA will be clearly presented in the Phase 11 ESA report, which can be incorporated into the CEQA/NEPA document. Managing the Schedule to Meet Deliverable Objectives Our approach to managing the schedule emphasizes the following: Determining resource needs — Looking at similar projects, researching data on specific activities, consulting with managers of similar projects. Selecting the right schedule for type and complexity of project —Using Excel to create a Milestone or Gantt chart for linear projects or Microsoft Project to produce a CPM schedule. We will create a master calendar for this program so that all projects and assigned staff are evident and so each staff member knows their schedule and their responsibilities. Disseminating the project schedule — Providing the schedule to the City and consultant project team, Project Managers, and senior management; reviewing the schedule during the project kickoff meeting; updating it as needed with project reporting meetings; and attaching it to the project execution plan. Managing the schedule — Tracking planned against actual progress and using schedule compression as necessary to complete the project on time. Compression techniques can include adding qualified staff from other Southern California offices or other resources to shorten the time required for a task; performing tasks in parallel that were originally to be done in sequence; or by splitting tasks so that subsequent tasks can begin early. °j ECORP Consulting, Inc. October 21, 2021 ■ 26 ouncif"1. 1L ,,.,., ., !.,� ,16 - 217 3/21/2 -590 City Council 16 — 218 3/21/2023 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) ECORP - City Cound SECTION 3: FEE PROPOSAL Inc. October 21, 2021 ■ 27 16 — 219 3/21 /2 -590 City Council 16 — 220 3/21/2023 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) ECORP is presenting the fee proposal in a separate sealed envelope per RFP guidelines. -A"J ECORP Consulting, Inc. October 21, 2021 ■ 28 ouncif"1. 1L ,,.,., ., !.,� ,16 - 221 3/21/2 -590 City Council 16 — 222 3/21/2023 Proposal to the City of Santa Ana for On -Call Environmental Services (RFP 21-105) ECORP �avrtrs ;ounci SECTION 4: CERTIFICATIONS Inc. October 21, 2021 ■ 29 16-223 3/21 /2 -590 City Council 16 — 224 3/21/2023 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section l 12 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding: that the BIDDER has not in any manner. directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion then f shall a cons u signature of this Non -collusion Affidavit. BIDDERS are cautioned that nng a falAertyt� atj& may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this 111g day of ��, 24_, by 7 wnl_,�) , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal Tt]NNI CLMRK COMM. #2299389 z aM Notary Public • California m Placer CountyComm. Ex ires Ju 29. 2023 City of Santa Ana RFP Pape A3-1 City Council 16 — 225 3/21/2023 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm ECORP Consulting, Inc. Signed and Printed Name: Title Vice President/Contracting Officer Date October 12, 2021 G A// '/ Brant Brechbiel City of Santa Ana RFP City Council Page A3 T — 226 3/21/2023 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP City Council 6 — 227 3/21/2023 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all t penalties im osed for a violation of the Chapter. A Signed: ZZ./' Title: Vice President/Contracting Officer Firm: ECORP Consulting, Inc. Date: October 12, 2021 City of Santa Ana RFP City Council 16 — 228 3/21/2023 EXHIBIT C CONSULTANT'S FEE & COSTS PROPOSAL City Councilpap: Goa? 16 — 229 3/21/2023 SOILS Atterberg Limits, D 4318, CT 204 $ California Bearing Ratio (CBR), D 1883 $ Chloride and Sulfate Content, CT 417 & CT 422.................................... $ Consolidation, D 2435, CT 219................................................................. $ Consolidation, Hydro -Collapse only, D 2435........................................... $ Consolidation - Time Rate, D 2435, CT 219........................................... $ Direct Shear- Remolded, D 3080............................................................ $ Direct Shear- Undisturbed, D 3080......................................................... $ Durability Index, CT 229............................................................................ $ Expansion Index, D 4829, IBC 18-3......................................................... $ Expansion Potential (Method A), D 4546................................................. $ Geofabric Tensile and Elongation Test, D 4632...................................... $ Hydraulic Conductivity, D 5084................................................................. $ Hydrometer Analysis, D 6913, CT 203..................................................... $ Moisture, Ash, & Organic Matter of PeatlOrganic Soils .......................... $ Moisture Only, D 2216, CT 226................................................................ $ Moisture and Density, D 2937................................................................... $ Permeability, CH, D 2434, CT 220........................................................... $ pH and Resistivity, CT 643........................................................................ $ Proctor Density D1557, D 698, CT 216, AASHTO T-180....................... $ Proctor Density with Rock Correction D 1557.......................................... $ R-value, D 2844, CT 301........................................................................... $ Sand Equivalent, D 2419, CT 217............................................................ $ Sieve Analysis, D 6913, CT 202............................................................... $ Sieve Analysis, 200 Wash, D 1140, CT 202............................................ $ Specific Gravity, D 854.............................................................................. $ Thermal Resistivity (ASTM 5334, IEEE 442)........................................... $ Triaxial Shear, C.D, D 4767, T 297.......................................................... $ Triaxial Shear, C.U., wlpore pressure, D 4767, T 2297 per pt................ $ Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt....................... $ Triaxial Shear, U.U., D 2850..................................................................... $ Unconfined Compression, D 2166, T 208................................................ $ MASONRY Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 $ Brick Compression Test, C 67.................................................... $ Brick Efflorescence, C 67...................................................... $ Brick Modulus of Rupture, C 67.................................................... $ Brick Moisture as received, C 67......................................................... $ Brick Saturation Coefficient, C 67........................................................ $ Concrete Block Compression Test, 8x8x16, C 140 ............................... $ Concrete Block Conformance Package, C 90......................................... $ Concrete Block Linear Shrinkage, C 426................................................. $ Concrete Block Unit Weight and Absorption, C 140................................ $ Cores, Compression or Shear Bond, CA Code ....................................... $ Masonry Grout, 3x3x6 prism compression, C 39.................................... $ Masonry Mortar, 2x4 cylinder compression, C 109................................. $ Masonry Prism, half size, compression, C 1019...................................... $ Masonry Prism, Full size, compression, C 1019...................................... $ REINFORCING AND STRUCTURAL STEEL Chemical Analysis, A 36, A 615......... Fireproofing Density Test, UBC 7-6........ Hardness Test, Rockwell, A 370................... High Strength Bolt, Nut & Washer Conformance, per assembly, A 325......................................... Mechanically Spliced Reinforcing Tensile Test, ACI. Prestress Strand (7 wire), A 416................................ Reinforcing Tensile or Bend up to No.11, A 615 & A 706........... Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .... Welded Reinforcing Tensile Test: Up to No.11 bars, ACI CONCRETE 170 Compression Tests, 6x12 Cylinder, C 39...................................................$ 35 550 Concrete Mix Design Review, Job Spec .....................................................$ 300 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 300 Concrete Cores, Compression (excludes sampling), C 42........................$ 120 150 Drying Shrinkage, C 157..............................................................................$ 400 200 Flexural Test, C 78.......................................................................................$ 85 350 Flexural Test, C 293.....................................................................................$ 85 300 Flexural Test, CT 523...................................................................................$ 95 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................$ 275 190 Lightweight Concrete Fill, Compression, C 495.........................................$ 80 170 Petrographic Analysis, C 856.......................................................................$ 2,000 200 Restrained Expansion of Shrinkage Compensation ...................................$ 450 350 Splitting Tensile Strength, C 496.................................................................$ 100 220 3x6 Grout, (CLSM), C 39.............................................................................$ 55 120 2x2x2 Non -Shrink Grout, C 109.................................................................$ 55 35 45 ASPHALT 300 Air Voids, T 269............................................................................................ $ 85 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) .............................$ 4,500 220 Asphalt Mix Design Review, Job Spec ........................................................$ 180 340 Dust Proportioning, CT LP4 ........................................................................$ 85 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 145 Film Stripping, CT 302..................................................................................$ 120 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366..........................$ 225 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 550 Moisture Content, CT 370............................................................................$ 95 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$1,000 350 Slurry Wet Track Abrasion, D 3910............................................................ $ 150 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) ..................$ 4,900 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$1,000 Unit Weight sample or core, D 2726, CT 308................ ........ ............ $ 100 70 Voids in Mineral Aggregate, (VMA) CT LP-2.............. ........ .............$ 90 55 Voids filled with Asphalt, (VFA) CT LP-3............... ........ ........ .........$ 90 55 Wax Density, D 1188 $ 140 50 45 AGGREGATES 60 Clay Lumps and Friable Particles, C 142....................................................$ 180 70 Cleanness Value, CT 227............................................................................$ 180 500 Crushed Particles, CT 205...........................................................................$ 175 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ....................... $ 180 70 Flat and Elongated Particle, D 4791............................................................$ 220 45 Lightweight Particles, C 123.........................................................................$ 180 35 Los Angeles Abrasion, C 131 or C 535....................................................... $ 200 120 Material Finer than No. 200 Sieve by Washing, C 117 ..............................$ 90 200 Organic Impurities, C 40...............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$1,250 Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 475 90 Sand Equivalent, T 176, CT 217.................................................................$ 125 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................ $ 120 Sieve Analysis, Fine Aggregate (including wash), T 27, C 136................. $ 145 150 Sodium Sulfate Soundness, C 88................................................................$ 450 175 Specific Gravity and Absorption, Coarse, C 127, CT 206..........................$ 115 170 Specific Gravity and Absorption, Fine, C 128, CT 207...............................$ 175 75 $ 90 ROOFING $ 80 Roofing Tile Absorption, (set of 5), C 67 .............. ........ ........ .......... $ 250 Roofing Tile Strength Test, (set of 5), C 67..... $ 250 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninyo IrOCailoratory Testing 16 - 230 3/21 /2023 Appendix ATTACHMENT 4 CALTRANS ATTACHMENTS Please see below City Council City of Santa Ana FIFEP-22-315 3/21 /2023 Page A4-1 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment Ex"iBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1_ Local Agency: City of Santa Ana 2, Contract DBE Goal: 8.00% 3. Project Description: On -Call Environmental Consulting Services (RFP No. 21-105) 4. Project Location: City of Santa Ana 5. Consultant's Name: ECORP Consulting, Inc. 6. Prime Certified DBE: 0 7. Total Contract Award Amount: $950,000 8. Total Dollar Amount for ALL Subconsultants: TBD 9. Total Number of ALL Subconsultants: 4 10. Description of Work, Service. or Materiais 11, DBE 13. DBE Supplied Certification 12, DBE Contact Information Dollar Number Amount KOA- Traffic Studies and Preliminary NIA NIA Engineering (to support CEQA Analysis) Ninya & Moore - NIA N/A Environmental and Geotechnical Services KPA - Public Outreach 31503 Katherine Padilla Ortanez - 787 Merrett Drive, 20,000 Pasadena, CA 91104, (626) 818-3324 Huitt-Zollars - Hydrology/Water Quality Studies, Water Assessment Studies, and Utility/Sewer NIA NIA Studies TBD - EnvironmentaUEngineering Services TBD TBD 56,000 Local Agency to Complete this Section $ 76,000 20. Local Agency Contract rdiimhar, 14. TOTAL CLAIMED DBE PARTICIPATION 21. Federal -Aid Project Number: 22, Contract Execution 8 % rSA}P' Local Agency certifies that all DBE certifications are valid and information on IMPORT T: Identify al DBE firms being claimed for credit, this form is complete and accurate. regardie of tier. Writ confi atia of each listed DBE is requir 01112I2023 23. Local Agency Representative's Signature 24. Date 15.'Preparer's Signature 16. Date Brant Brechbiel (714) 648-0630 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18, Phone Vice PresidentlChief Contracting Officer 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION 1. Original —Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. Far information call (916)654-5410 orTDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89. Sacramento, CA 95814. Page 1 of 2 .July 23, 2015 City Council 16 — 232 3/21/2023 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - )Enter the project location as it appears on the project advertisement, 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultauts - Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants - Enter the total number of all subcontracted consultants. SLIM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work., services, or materials to he provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If I00% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DDE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened, 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $; Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented. Good Faith Effort (GFE) is required (see Exhibit 1 S-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer"s Signature -The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer"s Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/tide of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier, 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment Form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 City Council 16 - 233 3/21/2023 . Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page I of 5 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant ECORP Consulting, Inc. ® Prime Consultant ❑ Subconsultant ❑ 2" d Tier Subconsultant Project No. For Combined Rate For Home Office Rate For Field Office Rate Contract No. Participation Amount $ $950,000.00 Date 01/31/2023 Fringe Benefit 64.66% + General &Administrative 125.00% = Combined ICR 189.66 /o OR Fringe Benefit % + General &Administrative % = Home Office ICR% Benefit % + General &Administrative % = Field Office ICR% Fee = 10% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing RateS2 Effective Date of Hourly Rate Actual or Avg. % or $ Hourly Range - Straight3 OT(1.5x) OT(2x) From To Hourly Rate Increase for Classifications Only Anne Surdzial - QA/QC Manager * $236.42 $0.00 $0.00 01/01/2023 12/31/2023 $74.20 Not Applicable Senior Environmental Planner $243.51 $0.00 $0.00 01/01/2024 12/31/2024 $76.43 3.0% $250.82 $0.00 $0.00 01/01/2025 12/31/2025 $78.72 3.0% $258.34 $0.00 $0.00 01/01/2026 12/31/2026 $81.08 3.0% Freddie Olmos - Project Manager/ $178.84 $0.00 $0.00 01/01/2023 12/31/2023 $56.13 Not Applicable Principal Agent* $184.21 $0.00 $0.00 01/01/2024 12/31/2024 $57.81 3.0% Senior Environmental Planner $189.74 $0.00 $0.00 01/01/2025 12/31/2025 $59.55 3.0% $195.43 $0.00 $0.00 01/01/2026 12/31/2026 $61.33 3.0% Margaret Partridge - $153.16 $0.00 $0.00 01/01/2023 12/31/2023 $48.07 Not Applicable Project Manager/Alternative Agent* $157.76 $0.00 $0.00 01/01/2024 12/31/2024 $49.51 3.0% Senior Environmental Planner $162.49 $0.00 $0.00 01/01/2025 12/31/2025 $51.00 3.0% $167.37 $0.00 $0.00 01/01/2026 12/31/2026 $52.53 3.0% David Atwater - Senior $168.49 $0.00 $0.00 01/01/2023 12/31/2023 $52.88 Not Applicable Environmental Planner* $173.54 $0.00 $0.00 01/01/2024 12/31/2024 $54.47 3.0% $178.75 $0.00 $0.00 01/01/2025 12/31/2025 $56.10 3.0% $184.11 1 $0.00 1 $0.00 01/01/2026 1 12/31/2026 1 $57.78 1 3.0% CityCouncil 16 - 234 3/21 /2 ar 1 of 5 g��ary 2020 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal Name/Job Title/Classification' Hourly Billing RateS2 Effective Date of Hourly Rate Actual or Avg. % or $ Hourly Range - Strai ht3 OT 1.Sx OT 2x From To Hourly Rate' Increase for Classifications Only Lindsay Liegler- Associate $106.96 $160.44 $213.93 01/01/2023 12/31/2023 $33.57 Not Applicable Environmental Planner* $110.17 $165.26 $220.34 01/01/2024 12/31/2024 $34.58 3.0% $113.48 $170.22 $226.95 01/01/2025 12/31/2025 $35.61 3.0% $116.88 $175.32 $233.76 01/01/2026 12/31/2026 $36.68 3.0% Seth Myers - Senior Air $160.84 $0.00 $0.00 01/01/2023 12/31/2023 $50.48 Not Applicable Quality/GHG/Noise Analyst* $165.67 $0.00 $0.00 01/01/2024 12/31/2024 $51.99 3.0% $170.64 $0.00 $0.00 01/01/2025 12/31/2025 $53.55 3.0% $175.76 $0.00 $0.00 01/01/2026 12/31/2026 $55.16 3.0% William Duvall - Senior Air $159.31 $0.00 $0.00 01/01/2023 12/31/2023 $50.00 Not Applicable Quality/GHG/Noise Analyst* $164.09 $0.00 $0.00 01/01/2024 12/31/2024 $51.50 3.0% $169.02 $0.00 $0.00 01/01/2025 12/31/2025 $53.05 3.0% $174.09 $0.00 $0.00 01/01/2026 12/31/2026 $54.64 3.0% Rosemarie Worden- Associate $89.37 $134.06 $178.75 01/01/2023 12/31/2023 $28.05 Not Applicable Environmental Planner* $92.06 $138.08 $184.11 01/01/2024 12/31/2024 $28.89 3.0% $94.82 $142.23 $189.64 01/01/2025 12/31/2025 $29.76 3.0% $97.66 $146.49 $195.32 01/01/2026 12/31/2026 $30.65 3.0% Stacie Tennant- Senior Wildlife $175.24 $0.00 $0.00 01/01/2023 12/31/2023 $55.00 Not Applicable Biologist* $180.50 $0.00 $0.00 01/01/2024 12/31/2024 $56.65 3.0% $185.92 $0.00 $0.00 01/01/2025 12/31/2025 $58.35 3.0% $191.49 $0.00 $0.00 01/01/2026 12/31/2026 $60.10 3.0% Carley (Lancaster) Adams - Staff $125.92 $188.88 $251.84 01/01/2023 12/31/2023 $39.52 Not Applicable Biologist/Arborist* $129.70 $194.55 $259.40 01/01/2024 12/31/2024 $40.71 3.0% $133.59 $200.38 $267.18 01/01/2025 12/31/2025 $41.93 3.0% $137.60 $206.40 $275.19 01/01/2026 12/31/2026 $43.18 3.0% Sonia Sifuentes, RPA - Cultural $141.60 $0.00 $0.00 01/01/2023 12/31/2023 $44.44 Not Applicable Resources Manager* $145.85 $0.00 $0.00 01/01/2024 12/31/2024 $45.77 3.0% Senior Archaeologist $150.22 $0.00 $0.00 01/01/2025 12/31/2025 $47.15 3.0% $154.73 $0.00 $0.00 01/01/2026 12/31/2026 $48.56 3.0% Jeremy Adams - Cultural Resources $168.49 $0.00 $0.00 01/01/2023 12/31/2023 $52.88 Not Applicable Manager* $173.54 $0.00 $0.00 01/01/2024 12/31/2024 $54.47 3.0% Senior Architectural Historian $178.75 $0.00 $0.00 01/01/2025 12/31/2025 $56.10 3.0% $184.11 $0.00 $0.00 01/01/2026 12/31/2026 $57.78 3.0% Lisa Westwood, RPA - Cultural $257.32 $0.00 $0.00 01/01/2023 12/31/2023 $80.76 Not Applicable Resources Manager* $265.04 $0.00 $0.00 01/01/2024 12/31/2024 $83.18 3.0% Tribal Cultural Resources Specialist $272.99 $0.00 $0.00 01/01/2025 12/31/2025 $85.68 3.0% $281.18 1 $0.00 $0.00 01/01/2026 1 12/31/2026 1 $88.25 1 3.0% CityCouncil 16 - 235 3/21 /2 ar 2 of 5 g��ary 2020 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal Christopher Uminski — Assistant $70.10 $105.15 $140.20 01/01/2023 12/31/2023 $22.00 Not Applicable Environmental Planner $72.20 $108.30 $144.40 01/01/2024 12/31/2024 $22.66 3.0% $74.37 $111.55 $148.73 01/01/2025 12/31/2025 $23.34 3.0% $76.60 $114.90 $153.20 01/01/2026 12/31/2026 $24.04 3.0% NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. gof 5 City Council 16 — 236 3/21/2QTM%ar y 2020 Local Assistance Procedures Manual EXHIBIT 10-H2 EXHIBIT 10-112 COST PROPOSAL Page 3 of SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant ECORP Consulting Inc. Project No. Z Prime Consultant Contract No. ❑ Subconsultant Date _01/31/2023 Cost Proposal SCHEDULE OF OTHER DIRECT COST ITEMS Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs TBD Mile IRS Rate $ Equipment Rental and Supplies TBD $ $ At cost Permit Fees $ $ At cost Plan Sheets $ $ Test $ $ Vehicle $ $ At rental cost Subconsultant 1: Nin o & Moore $ TBD Subconsultant 2: KOA Corporation $ TBD Subconsultant 3: Huitt-Zollars, Inc. $ TBD Subconsultant 4: DBE TBD $ TBD Subconsultant 5: Katherine Padilla & Associates $ TBD Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. 11. Subconsultants must provide their own cost proposals. CityCouncil 16 — 237 3/21 /2 ar 4 of 5 g��ary 2020 Local Assistance Procedures Manual EXN134T 10-H2 Cast Proposal ExiiiBIT 10-H2 COST PROPOSAL Page 3 of Certification of Direct Costs: I, the undersigned, certify to the best ❑fury knowledge and belief that all direct costs identified on the cost proposals) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4- 48 Code of Federal Regulations Part 3 I - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project tiles and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.. Prime Consultant or Subconsultant Certifvinp: Name: Title *: Vice President Signature : G Date of Certification (mmldd/yyyy):-2/ti l /2023 Email: bbrecltbiel ecnrpcUns_ulting.corn Phone Number: (714) 648-0630 Address: 2861 Pullman Street, Santa Ana, CA 92705 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Environmental compliance services. Page 5 of 5 January 2020 City Council 16 — 238 3/21/2023 Local Assistance Procedure Manual Cost Proposal COST PROPOSAL Page 1 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups we Not Allowed Consultant Ninyo & Moore ❑ Prime Consultant © Subconsultant ❑ 2nd Tier Subconsultant Project No. Contract No. Participation Amount!- TBD Date 1/31/2023 For Combined Rate Fringe Benefit % + General &Administrative % = 137.19% Combined ICR% OR For Home Office Rate Fringe Benefit % + General &Administrative % = 0.00% Home Office ICR% For Field Office Rate Fringe Benefit % + General &Administrative % = 0.00% Field Office ICR% OH Rate Fee = 10% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Ratesz Effective Date of Hourly Rate Actual or Avg. % or $ Hourly Range - Straight OT(1.5x) OT(2x) From To Hourly Rate Increase for Classifications Only Garreth Saiki, Principal Engineer* $193.18 N/A N/A 09/01/2021 08/31/2022 $74.04 0.0% Not Applicable Geotechnical Engineer/Geologist/Env. Scient $198.97 N/A N/A 09/01/2022 08/31/2023 $76.26 3.0% $204.94 N/A N/A 09/01/2023 08/31/2024 $78.55 3.0% $204.94 N/A N/A 09/01/2024 08/31/2025 $78.55 3.0% $211.09 N/A N/A 09/01/2025 08/31/2026 $80.91 3.0% Project Engineer* $130.45 N/A N/A 09/01/2021 08/31/2022 $50.00 0.0% Not Applicable $134.37 N/A N/A 09/01/2022 08/31/2023 $51.50 3.0% $138.40 N/A N/A 09/01/2023 08/31/2024 $53.05 3.0% $138.40 N/A N/A 09/01/2024 08/31/2025 $53.05 3.0% $142.55 N/A N/A 09/01/2025 08/31/2025 $54.64 3.0% Vance Hunter, Group 1- Materials Tester ** $151.46 $180.48 $209.51 09/01/2021 08/31/2022 $58.05 0.0% Not Applicable $156.00 $185.90 $215.79 09/01/2022 08/31/2023 $59.79 3.0% $160.68 $191.47 $222.27 09/01/2023 08/31/2024 $61.59 3.0% $160.68 $191.47 $222.27 09/01/2024 08/31/2025 $61.59 3.0% $165.50 $197.22 $228.93 09/01/2025 08/31/2026 $63.43 3.0% Matthew Jacobs, Group 1- Materials Tester ** $147.88 $176.22 $204.56 09/01/2021 08/31/2022 $56.68 0.0% Not Applicable $152.32 $181.51 $210.70 09/01/2022 08/31/2023 $58.38 3.0% $156.89 $186.96 $217.02 09/01/2023 08/31/2024 $60.13 3.0% $156.89 $186.96 $217.02 09/01/2024 08/31/2025 $60.13 3.0% $161.60 $192.56 $223.53 09/01/2025 08/31/2026 $61.94 3.0% NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. City Council 16 - 239 Page 1 of 3 3/21 /2023 June 2021 Local Assistance Procedure Manual Cost Proposal COST PROPOSAL Page 1 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant Ninyo & Moore ❑ Prime Consultant ❑X Subconsultant ❑ 2nd Tier Subconsultant Project No. Contract No. Participation Amount! TBD Date 1/31/2023 For Combined Rate For Home Office Rate For Field Office Rate Benefit % + General &Administrative % Fringe Benefit % + General &Administrative % Fringe Benefit % + General &Administrative % = 137.19% Combined ICR% 0.00% Home Office ICR% 0.00% Field Office ICR% OH Rate Fee = 10% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Ratesz Effective Date of Hourly Rate Actual or Avg. % or $ Hourly Range - Straight OT(1.5x) OT(2x) From To Hourly Rate Increase for Classifications Only Field Operations Manager* $143.50 N/A N/A 09/01/2021 08/31/2022 $55.00 0.0% Not Applicable $147.80 N/A N/A 09/01/2022 08/31/2023 $56.65 3.0% $152.24 N/A N/A 09/01/2023 08/31/2024 $58.35 3.0% $152.24 N/A N/A 09/01/2024 08/31/2025 $58.35 3.0% $156.81 N/A N/A 09/01/2025 08/31/2026 $60.10 3.0% Geotechnical Assistant* $86.10 N/A N/A 09/01/2021 08/31/2022 $33.00 0.0% Not Applicable $88.68 N/A N/A 09/01/2022 08/31/2023 $33.99 3.0% $91.34 N/A N/A 09/01/2023 08/31/2024 $35.01 3.0% $91.34 N/A N/A 09/01/2024 08/31/2025 $35.01 3.0% $94.08 N/A N/A 09/01/2025 08/31/2026 $36.06 3.0% Dispatcher* $148.04 N/A N/A 09/01/2021 08/31/2022 $56.74 0.0% Not Applicable $152.48 N/A N/A 09/01/2022 08/31/2023 $58.44 3.0% $157.06 N/A N/A 09/01/2023 08/31/2024 $60.20 3.0% $157.06 N/A N/A 09/01/2024 08/31/2025 $60.20 3.0% $161.77 N/A N/A 11 09/01/2025 1 08/31/2026 1 $62.00 3.0% NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. City Council 16-240 Page 2 of 3 3/21 /2023 June 2021 COST PROPOSAL Page 2 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant _Ninyo & Moore ❑ Prime Consultant ® Subconsultant Project No. Contract No. Date 1/31/2023 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Laboratory Testing Services in Accordance with the Attached Schedule of Fees for Laboratory Testing Subconsultant 1: $ Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ Note: Add additional pages if necessary. NOTES 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools ofthe trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. Page 3 of 3 City Council 16 — 241 3/21/2023 June 2021 SOILS Atterberg Limits, D 4318, CT 204 .................. .... $ California Bearing Ratio (CBR), D 1883................................................... $ Chloride and Sulfate Content, CT 417 & CT 422.................................... $ Consolidation, D 2435, CT 219................................................................. $ Consolidation, Hydro -Collapse only, D 2435........................................... $ Consolidation - Time Rate, D 2435, CT 219........................................... $ Direct Shear- Remolded, D 3080............................................................ $ Direct Shear- Undisturbed, D 3080......................................................... $ Durability Index, CT 229......................................................................... $ Expansion Index, D 4829, IBC 18-3.................................................... $ Expansion Potential (Method A), D 4546................................................ $ Geofabric Tensile and Elongation Test, D 4632...................................... $ Hydraulic Conductivity, D 5084................................................................. $ Hydrometer Analysis, D 6913, CT 203..................................................... $ Moisture, Ash, & Organic Matter of Peat/Organic Soils .......................... $ Moisture Only, D 2216, CT 226................................................................ $ Moisture and Density, D 2937................................................................... $ Permeability, CH, D 2434, CT 220........................................................... $ pH and Resistivity, CT 643........................................................................ $ Proctor Density D1557, D 698, CT 216, AASHTO T-180....................... $ Proctor Density with Rock Correction D 1557.......................................... $ R-value, D 2844, CT 301........................................................................... $ Sand Equivalent, D 2419, CT 217............................................................ $ Sieve Analysis, D 6913, CT 202............................................................... $ Sieve Analysis, 200 Wash, D 1140, CT 202............................................ $ Specific Gravity, D 854.............................................................................. $ Thermal Resistivity (ASTM 5334, IEEE 442)........................................... $ Triaxial Shear, C.D, D 4767, T 297......................................................... $ Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt................ $ Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ..................... $ Triaxial Shear, U.U., D 2850................................... $ Unconfined Compression, D 2166, T 208................................................ $ MASONRY Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 $ Brick Compression Test, C 67.................................................... .... $ Brick Efflorescence, C 67.......................................................................... $ Brick Modulus of Rupture, C 67................................................................ $ CONCRETE 170 Compression Tests, 6x12 Cylinder, C 39...................................................$ 35 550 Concrete Mix Design Review, Job Spec .....................................................$ 300 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 300 Concrete Cores, Compression (excludes sampling), C 42........................$ 120 150 Drying Shrinkage, C 157..............................................................................$ 400 200 Flexural Test, C 78.......................................................................................$ 85 350 Flexural Test, C 293.....................................................................................$ 85 300 Flexural Test, CT 523...................................................................................$ 95 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................$ 275 190 Lightweight Concrete Fill, Compression, C 495.........................................$ 80 170 Petrographic Analysis, C 856.......................................................................$ 2,000 200 Restrained Expansion of Shrinkage Compensation ...................................$ 450 350 Splitting Tensile Strength, C 496.................................................................$ 100 220 3x6 Grout, (CLSM), C 39.............................................................................$ 55 120 2x2x2 Non -Shrink Grout, C 109.................................................................$ 55 35 45 ASPHALT 300 Air Voids, T 269............................................................................................$ 85 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) .............................$ 4,500 220 Asphalt Mix Design Review, Job Spec ........................................................$ 180 340 Dust Proportioning, CT LP-4 ........................................................................$ 85 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 145 Film Stripping, CT 302..................................................................................$ 120 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366..........................$ 225 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 550 Moisture Content, CT 370............................................................................$ 95 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$ 1,000 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 150 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) ..................$ 4,900 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$ 1,000 Unit Weight sample or core, D 2726, CT 308.............................................$ 100 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 90 55 Voids filled with Asphalt, (VFA) CT LP-3.....................................................$ 90 55 Wax Density, D 1188 $ 140 50 Brick Moisture as received, C 67.............................................................. $ 45 AGGREGATES Brick Saturation Coefficient, C 67............................................................. $ Concrete Block Compression Test, 8x8xl6, C 140 ............................... $ Concrete Block Conformance Package, C 90........ .... $ Concrete Block Linear Shrinkage, C 426................................................. $ Concrete Block Unit Weight and Absorption, C 140................................ $ Cores, Compression or Shear Bond, CA Code ....................................... $ Masonry Grout, 3x3x6 prism compression, C 39.................................... $ Masonry Mortar, 2x4 cylinder compression, C 109................................. $ Masonry Prism, half size, compression, C 1019...................................... $ Masonry Prism, Full size, compression, C 1019...................................... $ REINFORCING AND STRUCTURAL STEEL Chemical Analysis, A 36, A 615......... Fireproofing Density Test, UBC 7-6.... Hardness Test, Rockwell, A 370......... High Strength Bolt, Nut & Washer Conformance, per assembly, A 325...................................... Mechanically Spliced Reinforcing Tensile Test, ACI .... Pre -Stress Strand (7 wire), A 416................................... Reinforcing Tensile or Bend up to No.11, A 615 & A 706. Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .... Welded Reinforcing Tensile Test: Up to No.11 bars, ACI.. 60 Clay Lumps and Friable Particles, C 142....................................................$ 180 70 Cleanness Value, CT 227............................................................................$ 180 500 Crushed Particles, CT 205...........................................................................$ 175 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 70 Flat and Elongated Particle, D 4791............................................................$ 220 45 Lightweight Particles, C 123.........................................................................$ 180 35 Los Angeles Abrasion, C 131 or C 535.......................................................$ 200 120 Material Finer than No. 200 Sieve by Washing, C 117 ..............................$ 90 200 Organic Impurities, C 40...............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 475 $ 90 Sand Equivalent, T 176, CT 217.................................................................$ 125 $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................$ 120 Sieve Analysis, Fine Aggregate (including wash), T 27, C 136.................$ 145 $ 150 Sodium Sulfate Soundness, C 88................................................................$ 450 $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206..........................$ 115 $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207...............................$ 175 $ 75 $ 90 ROOFING $ 80 Roofing Tile Absorption, (set of 5), C 67.....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67.................................................$ 250 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninyo iQ�C'dlloratoryTesting 16 - 242 3/21/2023 Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Avram Ninyo Signature Email: aninyo@ninyoandmoore.com Address: 5710 Ruffin Road, San Diego, CA 92123 Title *: President Date of Certification (mm/dd/yy@: 10/13/2021 Phone Number: 858.576.1000 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Materials Testing and Inspection Services City Council 16 — 243 3/21/2QTza y 2020 r Exhibit 10-H2 Cost Proposal Contract: Santa Ana On -Call Engineering and Planning Services Consultant: KOA Corporation K14rlorA Date: 1 /9/2023 Fringe Benefit % Overhead % G&A % Combined % NORMAL 39.72% + 31.47% + 78.38% = 149.57% (= 0% if Included in OH) FEE % = 10% (= 0% if Included in OH) Salary Increase 5.00%* Name / Classification Hourly Billing Rates Effective date of rate Actual hourly Increase* % Hourly rangehourly Frank Barrera /Project Manager Straight $172.95 From 1/1/2023 To 12/31/2023 Rate $63.00 for class $181.60 1/1/2024 12/31/2024 $66.15 5.00% Not Applicable $190.68 1/1/2025 12/31/2025 $69.46 5.00% Jonathan Louie/Senior Planner $181.19 1/1/2023 12/31/2023 $66.00 $190.25 1/1/2024 12/31/2024 $69.30 5.00% Not Applicable $199.76 1/1/2025 12/31/2025 $72.77 5.00% Greg Garces/Senior Designer $120.79 1/1/2023 12/31/2023 $44.00 $126.83 1/1/2024 12/31/2024 $46.20 5.00% Not Applicable $133.17 1/1/2025 12/31/2025 $48.51 5.00% Christian Dy/Senior Associate Engineer $104.32 1/1/2023 12/31/2023 $38.00 $109.54 1/1/2024 12/31/2024 $39.90 5.00% Not Applicable $115.01 1/1/2025 12/31/2025 $41.90 5.00% Pinal Vashi/Associate Engineer $87.85 1/1/2023 12/31/2023 $32.00 $92.24 1/1/2024 12/31/2024 $33.60 5.00% Not Applicable $96.85 1/1/2025 12/31/2025 $35.28 5.00% Elizabeth Ibarra/Administrative $89.91 1/1/2023 12/31/2023 $32.75 $94.40 1/1/2024 12/31/2024 $34.39 5.00% Not Applicable $99.12 11 1/1/2025 12/31/2025 $36.11 5.00% *Rates will continue to escalate at 5% per annum for the life of the contract. City Council 16 - 244 3/21/2023 Local Assistance Procedures Manual EXHIBIT 10-142 Cast Proposal NOTES' L Key personnel must be marked with an aster sk M and employees that are subject to prevailing wage requirements roust be marked with two asterisks ["].All costs must comp]v with the Federal cost principles. Subconsultants will provide their qwn cost proposals. 2. The cost proposal format shall not be amended- 3- Billing rate - actual hourly rate * (I t ICR) " (I + Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrarts. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel emcr the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. Exmrr 10-H2 COST PROPOSAL Page 2 of 3 SPEcivic RATF OF C01,TENSATION (USE FOR ON -CALL Olt AS-NEE13M CONTRACTS) (CoNsTRUCTIoN ENGINEERING AND INSPECTION CONTRACTS) Consultant KOA Corporation Project No. T B Contract No. TBD ❑ Prime Consultant ❑ Subconsultant Date 10/14/2021 SCHEDULE OF OTHER DIRECT COST ITEMS Add additional pages as necessary) Description of Item Quantity Unit I Unit cost Total Milea a Costs $o.56 $ E ui tnent Rental and Supplies $At Cost $ Permit Fees $ At cost S Plan Sheets $At Cost $ Test $ $ Vehicle $ Subconsultant l: $ Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ Subconsultant 5: $ tote; Add additional pages ifnecessary. NOTES: 1, List other direct cost items with estimated costs. These costs should be competitive in their respective industtius and supported with appropriate documentation. 2. Proposed ODC mans should be consistently billed regardless of client and contract type. 3, Items when incurred For the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice), 5. Items listed above that would be considered "tools of the trade" arc not reimbtusable as other direct cost. 5. Travel related costs should be pre -approved by the contracting agency and steal I not exceed currant State I)eparnneat of Personnel Administration rules. Page 5 of 9 danuary 2018 City Council 16 — 245 3/21/2023 Local Assistance Praced ures Manual EXIT IT 1t7-H2 Cast Proposal 7, If miloge is claimed, the rate should be property supported by the consultant's calculation of their actual costs for compmv vehicles. In addidon, the miles claimed should be supported by mileage logs- S. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose, 9. The cost proposal format shall not be amended, All costs must comply with the Fcdcral cost principles. 10. Add additional pages if necessary, 11. Subconsultants must provide their own cost pn pnsals. Page G of 9 January 2018 City Council 16 — 246 3/21/2023 Local Assistance Procedures Manual EXHIBIT 10-141 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7_ Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certif in : Name: Juan Gutierrez, CMA Signature Email: jgutierrez k corp.com Title *: CFO Date of Certification (mm/dd/yyyy): 10/14/2021 Phone Number: 323-859-3123 Address: 1100 Corporate Center Drive, Suite 201, Monterey Park, CA 91754 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Engineering and Planning Services Page 7 of 9 i..._..._ y 2018 City Council 16 — 247 3/21/2023 EXHIBIT 10-H2 COST PROPOSAL Page I of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant Huitt-Zollars, Inc. ❑ Prime Consultant Z Subconsultant ❑ 2 Tier Subconsultant rroject Ivo. Ivi.v uonract Ivo. Li-iu:) ramcipanon Amount a L)are uLlu1/G-i For Combined Rate Fringe Benefit % + General &Administrative % = Combined ICR% OR For Home Office Rate Fringe Benefit % + General &Administrative % 203.03% Home Office ICR% For Field Office Rate Fringe Benefit % + General &Administrative % 154.35% Field Office ICR% Fee = 10.00% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates' Effective Date of Hourly Rate From Actual or Avg. % or $ Hourly Range - Straight' OT(I.5X) OT(2x) To Hourly Rate° Increase for Classifications Only Jeff Okamoto - Principal in Charge $401.87 $602.80 $803.73 01/01/2023 12/31/2023 $120.56 Not Applicable Civil Engineer VIV $413.92 $620.88 $827.84 01/01/2024 12/31/2024 $124.18 3.0% $426.34 $639.51 $852.68 01/01/2025 12/31/2025 $127.90 3.0% $439.13 $658.70 $878.26 01/01/2026 12/31/2026 $131.74 3.0% Miguel Hernandez - Sr. Project Mgr $307.70 $461.55 $615.40 01/01/2023 12/31/2023 $92.31 Not Applicable Civil Engineer VIII $316.93 $475.40 $633.86 01/01/2024 12/31/2024 $95.08 3.0% $326.44 $489.66 $652.88 01/01/2025 12/31/2025 $97.93 3.0% $336.23 $504.35 $672.46 01/01/2026 12/31/2026 $100.87 3.0% Hla Htun- Sr. Civil Engineer $160.27 $240.40 $320.53 01/01/2023 12/31/2023 $48.08 Not Applicable Engineer IV $165.07 $247.61 $330.15 01/01/2024 12/31/2024 $49.52 3.0% $170.03 $255.04 $340.05 01/01/2025 12/31/2025 $51.01 3.0% $175.13 $262.69 $350.26 01/01/2026 12/31/2026 $52.54 3.0% Sean Oliver - Engineer in Training $150.67 $226.00 $301.33 01/01/2023 12/31/2023 $45.20 Not Applicable Engineer II $155.19 $232.78 $310.37 01/01/2024 12/31/2024 $46.56 3.0% $159.84 $239.76 $319.68 01/01/2025 12/31/2025 $47.95 3.0% $164.64 $246.96 $329.27 01/01/2026 12/31/2026 $49.39 3.0% Iian Huang - Engineer in Training $108.97 $163.45 $217.93 01/01/2023 12/31/2023 $32.69 Not Applicable Engineer $112.24 $168.35 $224.47 01/01/2024 12/31/2024 $33.67 3.0% $115.60 $173.40 $231.21 01/01/2025 12/31/2025 $34.68 3.0% $119.07 $178.61 $238.14 01/01/2026 12/31/2026 $35.72 3.0% (Add pages as necessary) NOTES: 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. City Council 16 - 248 3/21/2023 EXHIBIT 10-112 COST PROPOSAL Page 2 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Huitt-Zollars, Inc. ❑ Prime Consultant Z Subconsultant Project No. N/A Contract No. 21-105 Date 02/l/2023 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs EA $0.655 $ Equipment Rental and Supplies $ $ Permit Fees $ $ Plan Sheets IS $ Test Is $ Vehicle Is $ Subconsultant 1: $ Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ Subconsultant 5: $ Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. 11. Subconsultants must provide their own cost proposals. City Council 16 — 249 3/21/2023 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal EXHIBIT I0-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifyin2: Name: Jill Manning Signature: Email: imanningPa huitt-zollars.com Address: 5430 LBJ Freeway, Dallas, TX 75240 Title *: Vice President Date of Certification (mm/dd/yyyy): 02/01/2023 Phone Number: 214-871-3 3 11 x10027 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Hydrology/Water Quality Studies, Water Assessment Studies, and Utility/Sewer Studies City Council 16 — 250 3/21/2023 EXHIBIT 10-H2 COST PROPOSAL Page 1 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Katherine Padilla & Associates (KPA), Inc. Prime Consultant ECORP Project No. Contract No. Subconsultant KPA Participation Amount $ 2nd Tier Subconsultant TBD Date 1 9 2023 For Combined Rate Fringe Benefit % + General &Administrative % 152% (Safe Harbor Rate) Combined ICR% OR For Home Office Rate Fringe Benefit % + General &Administrative % Home Office ICR% For Field Office Rate Fringe Benefit % + General &Administrative % Field Office ICR% Fee 10% BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classificationl Hourly Billing Rates2 Straight3 OT(1.Sx) OT(2x) Effective Date of Hourly Rate From To Actual or Avg. Hourly Rate4 % or $ Increase Hourly Range - for Classifications Only Katherine Padilla Otanez, President $221.76 $290.40 $387.20 1/1/2023 12/31/2026 $80.00 0% 0% 0% Jessica Padilla Bowen, Sr. Associate $207.90 $272.25 $363.00 $75.00 0% 0% 0% 1/1/2023 12/31/2026 helma Herrera, Sr. Project Manage $207.90 $272.25 $363.00 $75.00 0% 0% 0% 1/1/2023 12/31/2026 Xavier Sibaja, Project Mgr $166.00 $199.65 $266.20 $60.00 0% 0% 0% 1/1/2023 12/31/2026 Ruthann Pearlman, Project Assoc. $ 138.60 $108.90 $145.20 $50.00 0% 0% 0% 1/1/2023 12/31/2026 0% 0% 0% City Council 16 — 251 3/21/2023 Local Assistance Procedures Manual EXHIBIT 10-H2 EXHIBIT 10-112 COST PROPOSAL Page 2 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Katherine Padilla & Associates (KPA) ❑ Prime Consultant ® Subconsultant Project No. Contract No. Date 01/24/2023 Cost Proposal SCHEDULE OF OTHER DIRECT COST ITEMS Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs TBD Mile IRS Rate $ Outside Printing and Meeting Support Supplies TBD $ $ At cost Permit Fees $ $ At cost Plan Sheets $ $ Test $ $ Vehicle $ $ At rental cost Subconsultant 1: $ Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ Subconsultant 5: $ Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. 9. The cost proposal fonnat shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. 11. Subconsultants must provide their own cost proposals. City Council 16 — 252 3/21/2QTrlary 2020 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-1-I2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10.48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12.48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying:_ Katherine Padilla & Associates (KPA), Inc Name: Title* President Signature : Date of Certification (mm/dd/yyyy): 10/21/2021 Email: kpadilla@katherinepadilla.com Phone Number: 626 818 3324 Address: 787 Merrett Drive, Pasadena CA 91104 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is Community Outreach under the proposed contract: e7of9 City Council 16 — 253 3/21/2AR ry 2020 Local Assistance Procedures Manual Exhihit 10-01 Consultant Proposal DBE Committueni EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency' City of Santa Ana 2. Contract DBE Goal: 8% 3. Project Description: On -Call Environmental Consulting Services (RFP No. 21-105 4. Project Locatioir Santa Ana, California 5. Consultant's Name: ECORP Consulting,Inc_ 6. Prime Certified DBE. 7. Description Of Work, Service, or Materials S. DBE Certification 9. DGE Contact Information 10. DBE % Supplied Number KPA - Public Outreach 31503 Katherine Padilla Ortanex - 797 Merrett Drive, 1% Pasadena, CA 91104, (626) 818-3324 Civil Works - Hydrology/Water quality Studies. Water Assessment Studies, and Utility/Sewer 35719 Marie Marston - 3151 Airway Ave, Suite T-1 7% Costa Mega, CQA 926Z6, (714) 966-9060 Local Agency to Complete this Section 17. Local Agency Contract Number: 11. TOTAL CLAIMED ❑6E PARTICIPATION $.00 °Io 18. Federal -Aid Project Number: 19. Proposed Contract Execution Date: 20. Consultant's Ranking after Evaluation IMPORTANT Identify all DBE firms being claimed for Credit, Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. regardles tier. Wdtte nfirmat' n of ch listed DBE is require . 10/20/2021 12. Preparer's Signature 13. Date Brant Brechbie1 (714) 648-0630 14. Preparees Name 15. Phone Vice President/CCO 16. Preparer's Title DISTRIBt1TION Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities. tills document Is available in alternate formats. Far inEormaticn call (816) 654-5410 or TOE] (915) 654- 38a0 or write Records and Forms Management, 1120 N Street. MS-B9, Sacramento. CA 95814. LPP 18-01 Page 1 of 2 January 2019 City Council 16 — 254 3/21/2023 EXHIBIT 4 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 21 st day of March, 2023 by and between Tetra Tech, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City„). RECITALS A. On September 23, 2021 the City issued a Request for Proposal ("RFP") No. 21-105, by which it desired to retain a consultant having special skill and knowledge in the field of Environmental Services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 21-105. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 21-105, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in REP 21-105 and is attached hereto and fully incorporated herein by this reference as Exhibit A. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit B. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 21-105. The total compensation for services provided by all consultants selected under RFP 21-105 shall not exceed the shared aggregate amount of $1,500,000.00 during the term of this Agreement, including any extension periods as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper Page 1 of 10 #25 ity Zj o u n c i 1 16 — 255 3/21/2023 invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on March 21 2023 for a three (3) year term and end on March 20, 2026, with the option for the City to grant up to two (2), 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 contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. Page 2 of 10 #25 ity Zj o u n c i 1 16 — 256 3/21/2023 b. Insurance coverage shall be at least as broad as: (i) 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 $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. (ii) 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 $1,000,000 per accident for bodily injury and property damage. (iii) 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. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) 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). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary Page 3 of 10 #25 ity Zj o u n c i 1 16 — 257 3/21/2023 coverage 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 Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv)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. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the 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 Entity. (vi)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. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 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 contract work. Page 4 of 10 #25 ity Zj o u n c i 1 16 — 258 3/21/2023 (viii) 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 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. (ix)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. (x) 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. 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' Page 5 of 10 #25 ity Zj o u n c i 1 16 — 259 3/21/2023 letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified 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 Page 6 of 10 #25 ity tounci1 16 — 260 3/21/2023 Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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 consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(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 which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not Page 7of10 #25 ity Zj o u n c i 1 16 — 261 3/21/2023 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: Jennifer L. Hall 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 P.O. Box 1988 Santa Ana, California 92702 Page 8 of 10 #25 ity Zj o u n c i 1 16 — 262 3/21/2023 To Consultant: Mike Koester, CHMM, REP Vice President Tetra Tech, Inc., 17885 Von Karman Avenue, Suite 500 Irvine, CA 92614 Fax: 949.809.5010 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. 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 FOLLOWING PAGE] Page 9 of 10 #25 ity Zj o u n c i 1 16 — 263 3/21/2023 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SANTA ANA AND TETRA TECH, INC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: Jo an T. Martinez Mike Koester ssistant City Attorney Vice President Tetra Tech, Inc. RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency Page 10 of 10 #25AqAQity Zj o u n c i 1 16 — 264 3/21/2023 EXHIBIT A SCOPE OF SERVICES City Council 16 — 265 3/21/2023 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES RFP NO.21-105 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Environmental Consulting firms to provide Environmental Services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of $2,000,000. Work will be assigned by Contract Task Order (CTO). As tasks are identified, they will be distributed amount the firms based upon their ability to perform the required work within the project schedule and budget constraints. DESCRIPTION OF WORK The Consultant shall provide services under the direction of City staff. The Consultant will be expected to provide an experienced, educated and professional team, who's Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and up-to-date with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services will include preparation, distribution and filing of environmental noticing, documents, preparation of studies and technical reports, including but not limited to the following: • Initial Study • Noise Impact Study • Notice of Exemptions • Biological Studies • Negative Declaration • Cultural Resources Study • Mitigated Negative Declaration • Geological/Soil Study • Notice of Preparation • Hydrology/Water Quality Stud • Notice of Intent • Water Assessment Study • Notice of Availability • Mineral Resources Stud • Notice of Determination • Utility/Sewer Study • Environmental Impact Report • Traffic Stud • Environmental Assessment • Mitigation Monitoring Program • Environmental Impact Statement • Preparation of Response to Comments • Categorical Exclusion • Preparation of Statement of City of Santa Ana RFP 21-105 City Council age 16 — 266 3/21/2023 Overriding Considerations • Preliminary Environmental Stud • FAA and ALUC Required • Historic Records Search • Public Outreach • Environmental Certification Form • Preliminary Engineering as required to support environmental analyses. • Air Quality Study • On -call staff consulting Consultant services will also include attendance at appropriate City Commission, City Council, community, and other designated meetings as deemed necessary. PAYMENT AND INVOICING: Selected Consultant shall invoice the City Based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until completed Project has been accepted by the City. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: h!tps:Hdot. ca. gov/-/media/dot-medigZpro grams/local-assistance/documents/Igpm/ch l O.pdf COMPLIANCE WITH REOUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: City of Santa Ana RFP 21-105 City Council age - 6 — 267 3/21/2023 The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: hgps:Hdot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 21-105 City Council age - 6 — 268 3/21/2023 EXHIBIT B COMPENSATION Consultant's Fee Proposal City Council 16 — 269 3/21/2023 EXHIBIT B TETRA TECH, INC. SCHEDULE OF HOURLY RATES CLASSIFICATION Eng/Sci/Planner Technician 1 $35.00 Eng/Sci/Planner Technician 11 $45.00 Eng/Sci/Planner Technician 111 $53.00 Eng/Sci/Planner Technician IV $63.00 Eng/Sci/Planner Staff 1 $70.00 Eng/Sci/Planner Staff II $80.00 Eng/Sci/Planner Staff III $90.00 Eng/Sci/Planner Staff IV $100.00 Eng/Sci/Planner Staff V $110.00 Eng/Sci/Planner Staff VI $120.00 Eng/Sci/Planner Staff VI $130.00 Eng/Sci/Planner Staff VIII $140.00 Eng/Sci/Planner Senior Staff 1 $150.00 Eng/Sci/Planner Senior Staff 11 $160.00 Eng/Sci/Planner Senior Staff 111 $170.00 Eng/Sci/Planner Senior Staff IV $180.00 Eng/Sci/Planner Manager 1 $190.00 Eng/Sci/Planner Manager II $199.00 rSenlorConsultantl $215.00 r Consultant II $230.00 r Consultant 111 $245.00 Principal 1 $260.00 Principal II $275.00 Principal 111 $290.00 GIS Designers / Drafters GIS / Design Staff 1 $70.00 GIS / Design Staff 11 $82.00 GIS / Design Staff 111 $97.00 GIS / Design Staff IV $110.00 GIS / Design Staff V $120.00 GIS / Design Staff VI $135.00 GIS / Design Manager 1 $150.00 SupportFinancial Project Support Services 1 $63.00 Project Support Services II $72.00 Project Support Services III $86.00 Project Support Services IV $97.00 Project Support Services V $107.00 Project Support Services VI $118.00 Project Support Services VII $130.00 Project Support Services VIII $142.00 Project Support Services Manager 1 $155.00 Project Support Services Manager II $169.00 Rates are good through 2021 only and are subject to annual escalation thereafter. Rates include direct labor, overhead, G&A, and fee. Expert Witness Testimony will be charged at standard rates plus 25% All other direct costs and subcontract costs will be charged at cost plus 10% . City Council 16 - 270 3/21/2023 EXHIBIT 5 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 7th day of March, 2023 by and between Dudek ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 23, 2021 the City issued a Request for Proposal ("RFP") No. 21-105, by which it desired to retain a consultant having special skill and knowledge in the field of Environmental Services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 21-105. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 21-105, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in REP 21-105 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 21-105. The total compensation for services provided by all consultants selected under RFP 21-105 shall not exceed the shared aggregate amount of $1,500,000.00 during the term of this Agreement, including any extension periods as set forth in Section 3, below. Page 1 of 40 #25 ity Zj o u n c i 1 16 — 271 3/21/2023 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on March 7, 2023 for a three (3) year term and end on March 6, 2026, with the option for the City to grant up to two (2), 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 contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In Page 2 of 10 #25 ity Zj o u n c i 1 16 — 272 3/21/2023 addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) 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 $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. (ii) 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 $1,000,000 per accident for bodily injury and property damage. (iii) 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. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) 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 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). Page 3 of 40 #25 ity Zj o u n c i 1 16 — 273 3/21/2023 (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage 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 Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv)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. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the 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 Entity. (vi)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. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • 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 contract work. Page 4 of 10 #25 ity Zj o u n c i 1 16 — 274 3/21/2023 (viii) 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 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. (ix)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. (x) 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. 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' Page 5 of 10 #25 ity Zj o u n c i 1 16 — 275 3/21/2023 letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified 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 Page 6 of 10 #25 ity tounci1 16 — 276 3/21/2023 Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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 consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(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 which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not Page 7of10 #25 ity Zj o u n c i 1 16 — 277 3/21/2023 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: Jennifer L. Hall 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 P.O. Box 1988 Santa Ana, California 92702 Page 8 of 10 #25 ity Zj o u n c i 1 16 — 278 3/21/2023 To Consultant: Joseph Monaco President & CEO Dudek 27372 Calle Arroyo San Juan Capistrano, CA 92675 Fax: 949.450.2525 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. 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 FOLLOWING PAGE] Page 9 of 10 #25 ity Zj o u n c i 1 16 — 279 3/21/2023 DocuSign Envelope ID: 60B859FE-A779-4CCB-B282-B98F6EA87CC7 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SANTA ANA AND DUDEK IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall Clerk of the Council APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: � DocuSigned by: St fL h6V aCb `61A1 C SF 8F42F... Josep on President & CEO of Dudek Page 40 of 40 #25AqAQ ity Zj o u n c i 1 16 — 280 3/21/2023 EXHIBIT A SCOPE OF SERVICES City Council 16 — 281 3/21/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES RFP NO.21-105 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Environmental Consulting firms to provide Environmental Services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of $2,000,000. Work will be assigned by Contract Task Order (CTO). As tasks are identified, they will be distributed amount the firms based upon their ability to perform the required work within the project schedule and budget constraints. DESCRIPTION OF WORK The Consultant shall provide services under the direction of City staff. The Consultant will be expected to provide an experienced, educated and professional team, who's Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and up-to-date with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services will include preparation, distribution and filing of environmental noticing, documents, preparation of studies and technical reports, including but not limited to the following: • Initial Study • Noise Impact Study • Notice of Exemptions • Biological Studies • Negative Declaration • Cultural Resources Study • Mitigated Negative Declaration • Geological/Soil Study • Notice of Preparation • Hydrology/Water Quality Stud • Notice of Intent • Water Assessment Study • Notice of Availability • Mineral Resources Stud • Notice of Determination • Utility/Sewer Study • Environmental Impact Report • Traffic Stud • Environmental Assessment • Mitigation Monitoring Program • Environmental Impact Statement • Preparation of Response to Comments • Categorical Exclusion • Preparation of Statement of City of Santa Ana RFP 21-105 City Council age 16 — 282 3/21/2023 Overriding Considerations • Preliminary Environmental Stud • FAA and ALUC Required • Historic Records Search • Public Outreach • Environmental Certification Form • Preliminary Engineering as required to support environmental analyses. • Air Quality Study • On -call staff consulting Consultant services will also include attendance at appropriate City Commission, City Council, community, and other designated meetings as deemed necessary. PAYMENT AND INVOICING: Selected Consultant shall invoice the City Based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until completed Project has been accepted by the City. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: h!tps:Hdot. ca. gov/-/media/dot-medigZpro grams/local-assistance/documents/Igpm/ch l O.pdf COMPLIANCE WITH REOUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: City of Santa Ana RFP 21-105 City Council age - 6 — 283 3/21/2023 The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: hgps:Hdot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 21-105 City Council age - 6 — 284 3/21/2023 EXHIBIT B CONSULTANT'S PROPOSAL (exclusive of fee proposal and resumes) City Council 16 — 285 3/21/2023 _ 1r PROPOSAL � i► y3~ . _4: - •mmm"m 1� ON -CALL ENVIRONMENTAL SERVICES CITY OF SANTA ANA OCTOBER 21, 2021 27372 Calle:Arroyo / San Juan Capistrano, CA92675 / 949.450.2525 'K City Council 16 — 287 3/21/2023 STATEMENT OF QUALIFICATIONS Cover Letter October 21, 2021 City of Santa Ana Attn.: Sean Thomas Public Works Agency; M-36 20 Civic Center Plaza; 3rd Floor Reception, Ross Annex Santa Ana, CA 92701 Subject: On -Call Environmental Services RFP# 21-105 Dear Mr. Thomas, Providing the City of Santa Ana (City) with successful environmental consulting services requires an understanding of local regulatory compliance and resource issues —an understanding used thoughtfully and precisely to balance concurrent environmental analyses and project reviews. Dudek has provided environmental services throughout Orange County (County) for more than 20 years. We propose our full breadth of services for all three areas listed in this Request for Proposals (RFP), (i.e., 1) Environmental Services, 2) Technical Studies, and 3) Staffing Services). As an on -call consultant, we offer the City the following strengths: Recognized On -Call Experts with Local Experience. We specialize in providing on -call environmental and planning services to California municipalities. Locally, we hold on -call contracts with the County and the Cities of Irvine, Anaheim, and San Clemente. We will provide the City's decision makers with the necessary information to comprehend each development application and work seamlessly with City staff to process all sizes and types of projects. Dudek has successfully completed more than 3,200 California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and state and federal environmental regulation documents for projects throughout California. We will leverage our in-house technical experts when producing the required technical reports to save the City time and money. Responsive Project Management. Project Manager Rachel Struglia, PhD, AICP has prepared numerous CEQA documents for both municipal and private projects. Her experience and local knowledge will allow her to prepare environmental documents that meet City standards and expectations. She will manage this project from our office in San Juan Capistrano, with support from our Encinitas and Pasadena offices. Diverse Technical Specialties. As a midsized firm, Dudek is small enough for project managers to make nimble decisions, quickly draw from our pool of technical resources, and stay engaged with you from start to finish. But we are large enough that our diverse staff can tackle a spectrum of environmental and planning challenges. Team leaders can quickly mobilize the right technical experts for a project, drawing from a deep bench of professionals is available for this contract. Our analysts On Call Entiopm fytounci1lCeS 16 — 288 3/21 /2023 DUDEK conduct research and other tasks supervised by senior staff, providing a cost-effective approach while maintaining high -quality products. In addition, Dudek can assist the City with various grant opportunities to secure project funding. We look forward to continuing our productive working relationship with the City. If you have any questions, please contact Dr. Struglia at 949.373.8318 or rstruglia@dudek.com. This proposal is valid for 180 days after submission. Sincerely, o h Monaco Rachel Struglia President and CEO Project Manager jmonaco@dudek.com rstruglia@dudek.com Joseph Monaco is authorized to sign on behalf of Dudek. Contract Agreement Statement Dudek has reviewed the City's Attachment 2 Sample Agreement included in the RFP and we concur with the provisions contained therein if selected. Dudek proposes the following suggested changes to the contract: Section 9: Dudek requests the following sentence be added to the end of paragraph: "Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City's defense costs to the extent such costs are incurred as a result of Consultant's negligence, recklessness or willful misconduct." Firm and Team Experience Dudek at a Glance The Dudek Advantage Dudek assists municipalities on a broad range of projects that improve California's communities, infrastructure, and natural environment. From planning, design, and permitting through construction, we move projects through the complexities of regulatory compliance, budgetary and schedule constraints, and conflicting stakeholder interests. We have a long history of providing environmental services to municipalities in Orange County (County) and know the local environmental resources and agency policies pertaining to resource management, development impact assessment, and mitigation. With more than 70 successful on -call Southern California municipal contracts, Dudek has built a reputation for providing ■ Multidisciplinary environmental and engineering services ■ 700+ employees ■ 16 offices ■ Founded in 1980; employee -owned ■ Top 125 U.S. Environmental Firms (Engineering News -Record) ■ 92% rating for reliability, timeliness, and responsiveness (Dun & Bradstreet, 2016) ■ More than 160 on -call environmental contracts throughout California on Call Entiopm fytounci��eS 16 - 289 3/21 /2023 DUDEK exemplary supplementary environmental, planning, regulatory, engineering, construction management, operations, and funding expertise, offering municipalities a cost-effective way to accomplish short- and long-term goals. Dudek's project managers are empowered to make nimble decisions and quickly draw from our pool of technical experts, including the following: ■ California Environmental Quality Act/National Environmental Policy Act (CEQA/NEPA) specialists ■ Land use planners certified by the American Institute of Certified Planners ■ California Department of Fish and Wildlife (CDFW)- and U.S. Fish and Wildlife (USFWS)-certified biologists ■ Registered professional archaeologists ■ Registered landscape architects ■ Certified arborists and foresters ■ Noise and air quality specialists ■ Certified geographic information system (GIS) professionals • Certified hydrogeologists ■ Licensed geologists ■ Licensed professional engineers ■ Licensed contractors Dudek Services ■ Agency Permitting ■ Biological Surveys and Monitoring ■ CEQA/NEPA Compliance ■ Coastal Planning/Permitting ■ Cultural Resources ■ Civil Engineering ■ Construction Management ■ Environmental Planning ■ Habitat Restoration and Management ■ Hazardous Materials Testing ■ Hydrology ■ Urban Forestry ■ Wildfire Protection Planning ■ Water Conservation Planning ■ Water Infrastructure Planning and Design We will expand the City's ability to tackle more projects with our skilled staff and will expedite complex project processing by leveraging our long-standing relationships with regulatory agencies. We will integrate into your team in the most seamless and productive way possible, mobilizing specialized technical professionals quickly to meet City project needs. Environmental Services CEQA/NEPA Dudek has one of California's largest, most experienced teams for CEQA and NEPA document preparation. Our environmental planners have prepared and processed more than 3,200 CEQA/NEPA documents for a variety of large and small development, restoration, and conservation projects throughout the state. Dudek's environmental experts work collaboratively with clients; local, regional, state, and federal agencies; and the public to clearly define project objectives, address concerns, and outline appropriate processes. We apply practical CEQA/NEPA knowledge to comply with current laws, regulations, and case law. Our planners help clients creatively solve regulatory challenges within financial and scheduling constraints. We produce complete CEQA/NEPA documents done right the first time. Our environmental planners work with our in-house technical publications editors and graphic designers to prepare high -quality documents that are clearly organized and easily interpreted by the public, agencies, and individuals responsible for future project development. On Call Entay�rounci�lCeS 16 — 290 3/21 /2023 a DUDEK We efficiently coordinate and prepare reports by utilizing our in-house technical experts. Our team expedites complex project processing by designing and maintaining realistic document schedules, adhering to consistent communication protocols, leveraging our longstanding agency relationships, and anticipating potential issues as soon as possible. Technical Studies Historical Resources Assessments Dudek's built environment team is led by experienced architectural historians and historic preservation experts specializing in historic resource significance evaluations in consideration of the National Register of Historic Places, the California Register of Historical Resources, and local -level evaluation criteria and integrity requirements. Our team has conducted thousands of historical resource evaluations and developed detailed historic context statements for a multitude of property types and architectural styles, including private residential, commercial, transportation, industrial, educational, medical, ranching, mining, airport, and cemetery properties, as well as a variety of engineering structures and water conveyance resources. They also provided expertise on numerous projects requiring conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, served as third -party review consultants, and served as expert witnesses in legal proceedings. Cultural and Tribal Cultural Resources Studies Dudek's cultural resources staff have more than 20 years' experience directing and executing all phases of cultural resources investigations, including surveys, significance determinations, and data recovery mitigation programs. Our professionals have the expertise and capability to fulfill on -call services of any scope and size in any jurisdiction. Their capabilities include constraints/feasibility analyses, literature overviews and archival research, predictive modeling, field inventories, archaeological sampling, significance and eligibility evaluations, data recovery, monitoring and compliance oversight, mitigation implementation, historical studies, landscape studies, Native American consultation and ethnography, preservation planning, custom GIS-based data management applications, and CEQA/National Historic Preservation Act documentation. Biological Resources Assessments Dudek's biologists work and consult regularly with the USFWS, U.S. Army Corps of Engineers, CDFW, and Regional Water Quality Control Board to obtain project -specific permits that keep projects on schedule and in compliance. Our staff includes experts in botany, mammalogy, herpetology, entomology, ornithology, habitat assessment and mapping, spatial analysis, and habitat and wetlands restoration. Our biological team has surveyed and tracked wildlife movement throughout the County. We have state and federal permits for surveying, banding, and trapping numerous threatened or endangered wildlife species, listed plant species, and many other species. Our biologists also have extensive experience with a range of listed and unlisted special -status plant species. Air Quality and Greenhouse Gas Emissions Studies Dudek environmental planners and engineers have prepared air quality impact analyses for construction and operation of facilities and public infrastructure projects throughout California. Dudek is familiar with the California Emissions Estimator Model (CaIEEMod) and tailors significance conclusions on Call Entay�rounciilCeS 16 - 291 3/21 /2023 4 DUDEK to meet the needs of the lead agency. In tune with regulatory changes, Dudek develops and refines appropriate approaches to global climate change analysis. Noise Impact Studies Dudek guides land developers, engineers, architects, and public agencies through noise -control regulation compliance to cost-effectively plan technically sound acoustic designs into their projects. Dudek acousticians conduct noise assessment studies and design effective mitigation or control strategies; assist with criteria selection and design solutions for noisy construction and operational equipment during project planning; and assist with all types of architectural acoustics. Specific areas of expertise include CEQA/NEPA environmental noise studies; environmental/community noise and vibration studies; and mechanical/heating, ventilation, and air conditioning systems noise and vibration control recommendations. Hazardous Materials and Environmental Site Assessments Dudek prepares Phase I and Phase II environmental site assessments to evaluate potential environmental/hazardous waste liabilities associated with project sites. We also prepare reports outlining the presence of underground storage tanks and other hazardous material storage units. Dudek is knowledgeable about the latest treatment technologies, and we are expert at methane mitigation. Our team assesses and distinguishes between geologic and soil hazards addressed by the California Building Code and local regulations. We also assess hazards that are significant under CEQA. Dudek staff have expertise in underground storage tank removals and in -field hazardous materials removal. Hydrogeology and Water Quality Studies The Dudek team performs hydrologic, hydraulic, and water quality analysis to support a broad range of permitting efforts, including Clean Water Act 401/402/404 permits and CDFW 1600 permits. Dudek engineers, hydrologists, hydrogeologists, landscape architects, and planners provide proven and complete stormwater, surface water, and groundwater quality resource services in house. This allows the Dudek team to coordinate planning, design, and project implementation in a timely and cost- effective manner. Dudek hydrogeologists can assist with development of project design features; water quality impact assessment; and conformance with state, regional, and local regulations. Dudek is familiar with local water quality parameters and understands the relevance of applicable regional, state, and federal regulations. Urban Forestry and Arborist Studies Our urban forestry team is one of the most diverse and experienced in the state. We have decades of experience working throughout California on various street tree and urban forest projects. We also have extensive experience assisting municipalities with on -call arboricultural consulting and technical services to augment staff expertise or provide additional support. Our urban forestry and arboriculture professionals' varied backgrounds and expertise provide a well-rounded perspective and proven techniques for urban forest assessment, mapping, and management. We also offer fire protection planning expertise to augment our forest management assessments and planning. We analyze project impacts to native oak trees, stands, and woodlands; determine which trees can be preserved and which will require removal; and develop ecologically sensitive oak mitigation plans. Additionally, we have extensive experience creating and/or reviewing oak- and scrub oak -related arborists' reports. on Call Entopm aytounci1lCeS 16 — 292 3/21 /2023 5 DUDEK Water Supply Assessments and Utility/Sewer Studies Dudek will evaluate potential impacts to public services and utilities, and we will estimate any increases in water supply demand, wastewater generation, solid waste generation, and public service demands, utilizing available projection factors, infrastructure master plan documents, urban water management plans, or other existing documentation, as well as personal communication with these organizations. Transportation Planning and Traffic Studies Successful transportation planning, assessment, and design require in-depth understanding of evolving technology and an ever -changing regulatory landscape. Our certified transportation planners and professional engineers understand the latest transportation regulations, and implement best practices to help you develop or adapt projects to maximize your budgets and minimize potential impacts. We provide technical transportation planning, traffic impact assessment, engineering design, CEQA and NEPA expertise, quantifying project effects using the appropriate metrics and methods for project -specific concerns. We help you tackle short- and long-term transportation challenges, whether they relate to capital projects, programs, or long-range plans. We prepare vehicle miles traveled (VMT) analysis per Senate Bill 743 and the recently updated CEQA guidelines, as well as, determine appropriate significance criteria for transportation impacts. Dudek's transportation staff utilizes region and project specific analysis methodologies including travel demand models (i.e., trip based model, tour based models), sketch models (i.e., CaIEEMod, Sketch 7, UrbanFootprint, MXD), and spreadsheet Transportation Specialities ■ Multi -Model Planning Analyses ■ Complete Streets Consultation ■ General Plan/Master Plan Studies ■ Specific Plan Studies ■ Traffic Planning/Operations Studies ■ Site Access and Circulation Studies ■ Traffic Signal Design ■ Traffic Singing and Stripping Design ■ Construction Zone Traffic Control Plans ■ Preliminary/Conceptual Engineering ■ Parking Design and Planning models (i.e., VMT calculator, VMT estimator); research into regional or local transportation plans and policies; and, trip characteristic data and travel surveys (e.g., California Household Travel Survey), to calculate and estimate VMT. For significant VMT impacts found, Dudek can identify feasible mitigation measures such as Transportation Demand Management strategies (e.g., land use/location, site enhancements, parking policies, commute trip reductions programs) that could reduce VMT to meet regional goals or standards. Our experienced in-house transportation and air quality experts work hand - in -hand to guide projects through VMT analysis under Senate Bill 743, saving our clients time and money by providing multiple services under one roof. Our transportation planners and engineers also assess traffic operations to verify efficient and safe mobility for all modes of motorized and non -motorized travel. Dudek uses the Highway Capacity Manual and Intersection Utilization Capacity (ICU) methodologies to analyze traffic operations on street networks. In addition, Dudek provides analysis of site access and circulation design as well as adequacy of on -site parking through parking demand studies. Further supporting our transportation efforts is CR Associates (CRA). CRA has established itself over the past 10 years as a trusted transportation planning and engineering firm that is committed to planning transportation systems and identifying mobility improvements that create and support vibrant and sustainable communities. They have consistently demonstrated expertise in conducting accurate On Call Entay�rounci��eS 16 - 293 3/21 /2023 6 DUDEK analyses and evaluations, and in making the critical decisions required to move projects and plans forward with successful resolution of key issues. CRA provides a fully multimodal approach, building upon the multi -dimensional experiences of its staff, along with its dedication to serving the full range of client needs. Additionally, they have delivered numerous active transportation plans, multimodal mobility studies, and circulation elements to jurisdictions and communities across the Southwest United States. Grant Writing and Support, Grant Funding Research, and Proposal Development Dudek's grant writing experts assist agencies in identifying appropriate grant opportunities for their projects. Using a targeted approach, we analyze project objectives, match goals to opportunities, and employ a "writing -to -win" approach. We understand that successful grant funding consists of two-thirds planning and one-third writing. We assist with fund disbursement and reporting compliance, allowing our clients to focus on project implementation, while we complete administrative tasks. Our team provides a full range of grant administration services, including developing project- and grant/loan-specific templates and forms; generating materials packages and documents for agency review and processing; negotiating favorable grant terms and/or extensions, when needed; and coordinating with project proponents to submit necessary grant reimbursement materials. Our Team The Dudek team, as displayed in Figure 1, provides a strong background of local experience specifically applicable to the City's needs. All team members can commit substantial effort to the task when it is necessary for the success of a project. In the event that Project Manager, Dr. Struglia is not available for any reason, Patrick Cruz can be expected to assume the role of Dudek point of contact. In addition to our team's firm -wide experience, each member of our proposed project team has expertise that will facilitate knowledgeable and thorough work for all project tasks. Table 1 provides a brief biography for each key team member, and full resumes for the entire team can be found in Appendix A. on Call Entiopm fytounci1lCeS 16 — 294 3/21 /2023 DUDEK Figure 1. Dudek Team Organization PROJECT MANAGEMENT Project Manager Rachel Struglia, PhD, AICP TASK LEADERS Environmental Task Lead Environmental Task Lead Environmental Task Lead Natalie Smith Alex Hardy Patrick Cruz Environmental Task Lead Transportation/Caltrans Andrew Talbert, AICP Lead Jason Reynolds PROJECT TEAM Aesthetics Geology, Soils, Mineral Noise Urban Forestry Josh Saunders, AICP Resources, Paleontology Mark Storm, INCE Bd. Cart. Michael Huff Eric Schniewind Air Quality, Greenhouse Michael Williams, PhD Population and Housing, Wildfire Gas Emissions, Energy, Recreation, Public Services Dana Link -Herrera Health Risk Assessments Hazards and Hazardous Hayley Ward Jennifer Reed Materials Grant Writing Glenna McMahon, PE, CEM Transportation Jane Gray Biological Resources Dennis Pascua Tommy Molioo Hydrology and Water Charles Greely, PE Outreach Cultural Resources Quality Eric Schniewind CRAssociates* Katherine Padilla and Associates* Adam Giacinto, RPA Land Use and Planning Utilities and Service Built Environment Hayley Ward y y Systems Hayley Ward Sarah Corder, MFA * DBE Subcorsultants Table 1. Key Personnel Qualifications Rachel Struglia, PhD, AICP, Project Manager Availability: 50% University of California, I Rachel Struglia is a principal and project manager Irvine with 23 years' experience preparing California PhD, Environmental Environmental Quality Act (CEQA)/National Analysis and Environmental Policy Act (NEPA) documents in Design both the public and private sectors. Dr. Struglia is experienced in managing CEQA documents for Arizona State University large infrastructure projects and has completed MS, Justice Studies program environmental impact reports (PEIRs) for On Call Entay�rounciilCeS 16 - 295 3/21 /2023 8 DUDEK Table 1. Key Personnel Qualifications University of Connecticut BA, Anthropology University of California, Riverside, Extension Certificate in Educational Facilities Planning American Institute of Certified Planners (AICP) Metropolitan Water District, Orange County Sanitation District, Riverside County Community College District, North Orange County Community College District, and Coast Community College District (CCCD). She has also managed general plan environmental impact reports (EIRs) and specific plans, as well as infill, residential, commercial, industrial, and school EIR projects. Dr. Struglia leads Dudek's CEQA practice in Orange County and has the role of statewide water sector leader. In this role, Dr. Struglia focuses on infill development, retail redevelopment projects, school projects, and water infrastructure projects, including regional conveyance and groundwater recharge projects, recycled water projects, and water treatment projects. Natalie Smith, Duke University MEM, Natalie Smith is a senior environmental project Environmental Task Environmental manager with 20 years' experience throughout the Leader Leadership 2013 southwestern United States, Australia, and the Availability: 60% Manchester South Pacific Islands. She has extensive Metropolitan University, experience working on a broad range of complex Institute of Place in and highly controversial environmental issues, Management specializing in water/wastewater infrastructure, Certificate, Place environmental compliance, and natural resource Management. 2013. management in the private, public and non-profit Duke University, sectors. Ms. Smith has worked alongside Executive Education engineers to determine project feasibility and cost, Program Certificate, formulate project alternatives, conduct NEPA. 2011 environmental review, and secure permits for a variety of capital improvement, infrastructure, and New Mexico Institute of resource management projects. She has prepared Mining and Technology and managed complex multidisciplinary technical BS, Environmental analyses in compliance with the CEQA, NEPA, Science with Biology FERC, CERCLA, RCRA, the federal and California CITI Certification for Endangered Species Acts, Section 401, 402, and Protection of Human 404 of the Clean Water Act, Sections 10 and 14 of Research Subjects, the Rivers and Harbors Act, Safe Drinking Water 2014 Act, and other state and federal regulations. Australian Institute of Petroleum Certification Alex Hardy, San Francisco State Alex Hardy is an environmental project manager Environmental Task University with 17 years' experience as a researcher and Leader MA, History author, project manager, program manager, Availability: 40% (Environmental and quality -control reviewer, and strategy advisor. Mr. Urban History Hardy has extensive experience preparing the full emphasis) spectrum of the CEQA documents for local On Call Entopm aytounci1lCeS 16 — 296 3/21 /2023 9 DUDEK Table 1. Key Personnel Qualifications Patrick Cruz, Environmental Task Leader Availability: 60% Andrew Talbert, AICP, Environmental Task Leader Availability: 40% Jason Reynolds, Transportation/Caltrans Task Lead Availability: 30 University of California, I jurisdictions, public agencies, and private Berkeley developers. Mr. Hardy has served as BA, History environmental program manager and task order manager for the San Diego County Water Authority, working on all aspects of environmental review and compliance with that organization's Water Resources Division. He has also overseen environmental review for various utility projects, including electrical transmission upgrades, pipeline work, and water wells for San Diego Gas and Electric and the City of Vista, as well as the Otay Water District. University of California, Patrick Cruz is an environmental analyst with a Santa Barbara strong foundation in urban and regional planning BA, Environmental and CEQA/NEPA compliance. Mr. Cruz specializes Studies in environmental impact analysis and provides analytical support and project management BA, Geography (GIS assistance to senior staff for a variety of projects emphasis) throughout Southern California. He has experience with both public and private projects ranging from education projects specific plans, development projects, renewable energy development, and water and wastewater infrastructure University of California, Andrew Talbert is an environmental planner with 7 San Diego years' experience in environmental analysis and BA, Environmental the application of CEQA/NEPA through the Systems Policy preparation of environmental documentation. Mr. American Institute of Talbert has served as project manager and primary Certified Planners author for environmental documents for numerous (AICP) projects throughout San Diego County and Southern California. Clients consist of public and private entities, and project experience includes residential Specific Plans, development projects, transportation improvements, and water and wastewater infrastructure California Polytechnic Jason Reynolds is Dudek's Transportation Sector State University, San Market Leader and a Senior CEQA/NEPA Project Luis Obispo Manager with 25 years' experience with BS, City and Regional environmental management for transportation Planning, systems. Mr. Reynolds' experience includes conducting and managing joint CEQA/NEPA based delivery across a broad range of project types at differing scales and complexities. He has a diverse range of project experience, including local roadway improvements, interchanges, grade separations, bridges, freeway decking/capping, bus on Call Entopm aytounci1lCeS 16 — 297 3/21 /2023 10 DUDEK Table 1. Key Personnel Qualifications Name/Role Certifications rapid transit (BRT), light rail, passenger rail, high- speed rail, and major transportation corridors. Mr. Reynolds successfully guides projects from inception, through the bid and award process, into construction. In addition, Mr. Reynolds is knowledgeable about all Caltrans policies and procedures, as a former District 11 Environmental Division Branch Chief with 9 years' experience working for Caltrans. He has applied his institutional knowledge and understandings of the Caltrans project development process to leverage and facilitate delivery of comprehensive services on numerous related projects. Phuong Nguyen, PE, San Diego State Phuong Nguyen has 14 years of experience Traffic Consultant University providing engineering services to the transportation Availability: 35% BS, Civil Engineering industry. He has been responsible for project and task management on a number of efforts ranging from parking plans, traffic operations, micro - simulation, peer review, and transportation impact analysis to conceptual engineering. Phuong is very experienced in the application of transportation planning and traffic engineering analysis software, such as VISSIM, Synchro/Si mTraffic,Vistro, Traffix, Highway Capacity Software (HCS), Complete Street Level of Service (CSLOS), Rodel Roundabouts, and SANDAG MXD method & tool for Smart Growth Trip Generation. Jessica Padilla Bowen, San Diego State Ms. Padilla Bowen joined KPA in 2020, bringing Outreach University, San Diego with her more than 20 years of experience in Availability: 25% Master of Public government and nonprofit communication. She Administration spent 15 years working in communication for the Occidental College, Los City of Carlsbad serving various departments Angeles including Community & Economic Development, Public Works, Library & Cultural Arts and more. BA, Theater & She also served as Public Information Officer in the Economics City's Emergency Operations Center. Prior to joining the City of Carlsbad, Ms. Padilla Bowen spent six years in nonprofit communication, handling all aspects of media relations, from photo and video shoots to pitching and coordinating hundreds of television, print and radio interviews. on Call Entity touriCi1lCeS 16 — 298 3/21 /2023 11 DUDEK Understanding of Need Dudek has an effective and proven project approach. We manage projects to meet client and technical needs, using sound science and engineering principles, a focus on data quality, and careful management of budget and schedule milestones. Our approach to this, and every, project begins with solid project management and quality assurance/quality control processes. Our focus on these central tenets to performing environmental work has guided our expert technical project support for the past four decades. Project Management Approach The primary aspects of Dudek's approach to project management include communication, managing adherence to the scope, keeping the progression of work on schedule, cost controls, and predicting and avoiding risk. Dudek prides itself on also integrating a fundamental focus on high -quality work, optimized resource allocation, sub -service provider management, and change management, as well as maintaining focus towards meeting both client and project goals and objectives. The following sections describe the Dudek project management approach. Our approach focuses on the following five main components: ■ Project planning ■ Communication ■ Project execution ■ Project control ■ Quality control The Dudek team is experienced in applying an adaptive management approach to adjust the level of detail or use of specific project management techniques and tools as necessary on as -needed task assignments. Project Planning Planning is a critical step in the successful management of every project. Dudek project managers begin the planning stage during the development of the project/task proposal and continue applying an adaptive approach throughout project execution. Planning considerations include the following: ■ Clarifying the project requirements and confirming the project goals and outcomes ■ Communicating with the client, project stakeholders, and the sub -service provider team ■ Iteratively estimating and refining resource requirements, level of effort, and cost ■ Monitoring project budget and schedule ■ Integrating quality standards at each project stage The Dudek approach applies these planning concepts throughout the project life cycle. Communication The most -effective project manager is one who facilitates the continual flow of information, data, instructions, and guidance among the City, Dudek team members, and sub -service providers. When on Call Entay�rounciilCeS 16 - 299 3/21 /2023 12 DUDEK maintaining this flow, we use resources efficiently and minimize wasteful rework. We achieve constant communication through: ■ Regularly calling or emailing the City's key contact staff person to discuss project milestones, activities, and potential issues ■ Regularly discussing the project with key project staff to coordinate work efforts, monitor task completion, and review budget conformance; Dudek's key staff have worked together closely for more than 10 years ■ Updating, as necessary, the project description, schedule, work progress reports, and inventories of available data so that all team members are aware of information that may affect their work products and schedules ■ Meeting with City staff at design milestones and other strategic junctures ■ Diligently documenting issues, action items, and decisions Project Execution The structure and flexibility of the Dudek team provides the ability to adapt resources and the execution approach to meet project needs throughout the project life cycle. The Dudek project execution approach is based on applying a common understanding of the goals and objectives to project -related decision making. Key aspects of the Dudek approach include identification of logistical, environmental, and regulatory factors with potential project impacts; evaluation and communication of critical issues; and focus on quality data collection, analysis, and reporting. Project Controls Dudek's project managers monitor and control the project budget, schedule, and quality using a suite of tools from project inception to completion. Dudek project tools include real-time project budget management, schedule management software, and quality assurance/quality control checks. As the project advances, our project manager communicates with the team on a regular basis to evaluate project resource requirements, budget, and schedule. Quality Control Document Production Dudek's editorial team will work closely with our project manager to apply the highest standards of quality to all deliverables. For a typical Dudek work product, the following process will be used: ■ Technical Review. An appropriate technical reviewer will be assigned to all written work products. This step in the review process is focused on the legal adequacy and technical accuracy of all deliverables, and multiple reviewers may be used depending on the complexity of the document. ■ Editorial Review. Once the technical review is complete, Dudek editors will conduct an editorial review of deliverables. Prior to submittal to the City, each document will be formatted by Dudek's publications staff. ■ Document Production. Dudek's publications production team verifies the quality of each formatted document before publication. Dudek's editorial team, in collaboration with the publications and information technology (IT) staffs, will produce and publish the Web versions of project deliverables. On Call Entopm aytouncin�eS 16 — 300 3/21 /2023 13 DUDEK The Dudek team understands and will leverage our experience regarding the unique requirements of the City's On -Call Environmental Services contract, including the need for customized, comprehensive, and flexible capabilities that are responsive to any task order needs. We recognize the services could be applicable to any stage of the project development process, from concept development to construction compliance/post-construction restoration. Dudek also understands the services are likely to include both direct project implementation along with oversight and review responsibilities. The Dudek team's diversity matches those needs in an unprecedented manner, including highly skilled and experienced practitioners. Field Methods Steps will be taken in the field, office, and laboratory to ensure that data are transferred accurately from collection to analysis to reporting. Sample documentation, including labeling and chain -of -custody forms, will be completed to ensure that data are transferred accurately to the laboratory, as applicable. Notes will be taken in the field to double check chain -of -custody forms for accuracy. Laboratory reports will be checked for completeness. Final laboratory reports will be reviewed by the laboratory quality assurance manager or laboratory project manager for errors before release. GIS Data Methods Data collected or received by Dudek are cataloged in a master data intake database that is stored in a commonly accessible network location with other spatially related files and metadata files for management/control according to Dudek's policy for GIS project data organization. Electronic deliverable data and data tables will be checked against the hard copy laboratory reports. All spatial data received will be reviewed for metadata and verified visually. Dudek -generated data will undergo quality control checks for completeness, accuracy, and precision, as well as appropriate metadata completeness. Given our mid -size company make-up Dudek possesses the breadth and depth of resources necessary to fulfill the City's contract demands, while also having a unique and balanced ability to adapt to any potential circumstances that may arise during the life of the contract. The Dudek team is able to and will rapidly respond to, mobilize, and implement any of Santa Ana's project/program delivery objectives, and we are excited to be working in partnership with the City as part of this contract. To further support Santa Ana's on -call environmental needs, we have also carefully selected a diverse team of subconsultants that share our passion for high quality, consistent, timely, and on -budget program delivery. Our contract history with each of our teaming partners will allow for a seamless and fully integrated consultant team that the City can confidently rely upon. Relevant Project Experience Table 2 provides a list of on -call environmental service contracts that Dudek has begun or completed within the past 5 years, including significant work with public agencies. Following the table, project descriptions detail selected completed work and client contact information. on Call Entay�rounciilCeS 16 - 301 3/21 /2023 14 DUDEK Table 2. Southern California Environmental and Technical Services Contracts City of Anaheim As -Needed Environmental Services City of Carlsbad As -Needed Environmental Planning Services City of Chula Vista As -Needed Environmental Services City of Corona As -Needed Engineering and Environmental City of Covina As -Needed Environmental Services City of Fontana As -Needed Environmental Services City of Glendora As -Needed Environmental Services City of Irvine As -Needed Professional Consulting Services City of Los Angeles As -Needed CEQA/NEPA Documentation and Environmental Services City of Los Angeles On -Call Environmental Services City of Los Angeles On -Call Environmental Assessment and Air Quality Services City of Rancho Santa Margarita On -Call Environmental Review Consulting City of San Clemente On -Call Environmental Services City of San Diego As -Needed Environmental Services City of San Diego As -Needed Planning Services City of San Diego As -Needed Watershed and Resource Protection City of San Diego As -Needed Archaeological Monitoring and Cultural Services City of Vista As -Needed Environmental Consulting City of Yucaipa On Call Professional Environmental Services County of Los Angeles On -Call Environmental Services (Infrastructure) County of Los Angeles On -Call Environmental Services (Water Resources) County of Los Angeles On -Call Environmental Services (Federal Projects) County of Orange As -Needed Restoration Services County of Orange On -Call Environmental Services, Planning, and Regulatory Permitting County of Orange On -Call Regulatory Permitting Services County of San Bernardino On -Call Environmental Services for Operation and Maintenance County of San Bernardino On -Call Biological Services County of San Diego As -Needed Environmental Consulting Services County of Santa Barbara On -Call Archaeological Services on Call En i y 'ound 16 - 302 3/21 /2023 15 DUDEK Table 2. Southern California Environmental and Technical Services Contracts Orange County Community Resources Contract I On -Call Environmental Services MWD of Southern California Orange County and San Bernardino Operation and Maintenance EIRs Port of San Diego As -Needed Planning, Environmental and Technical Services Port of San Diego As -Needed Environmental and Land Use Project Management Services Rancho Mission Viejo Company Habitat Conservation Plan Implementation Development Support San Diego Association of Governments (SANDAG) As -Needed Environmental Support Services for SANDAG SANDAG, Caltrans As -Needed Environmental Services San Diego County Water Authority As -Needed Environmental Services State of California As -Needed Southern California CEQA Services Notes: CEQA = California Environmental Quality Act; NEPA = National Environmental Policy Act; SANDAG = San Diego Association of Governments. Client and Contact: County of Los Angeles, Department of Public Works; Ed Dingman, 626.458.2593; edingman@dpw.lacounty.gov Completion Date: July 2018 Location: Los Angeles County, California Description: Dudek provides on -call environmental services for the Programs Development Division in support of transportation projects across the County's 2,650-square mile service area. Services include environmental document preparation pursuant to CEQA/NEPA; environmental planning; field resource services and activities (e.g., biological and cultural/tribal/archeological to comply with State and Federal laws); biological surveys and monitoring; certified arborist services, literature and electronic database reviews; technical studies (e.g., air quality, traffic, noise, climate change, water quality, aesthetics, etc.); feasibility studies, including biological technical assessments; public meetings; and document publications. Representative projects include the Woolsey Fire Guardrail Replacement Project, Mureau Road Bikeway and Road Improvements Project, and Palos Verdes Sewer Line Emergency Repair Project. on Call Entity touriCi1lCeS 16 — 303 3/21 /2023 16 DUDEK Client and Contact: North County Transit District (NCTD), Bruce Smith (formerly with NCTD and now with SANDAG as Principal Engineer); bruce.smith@sandag.org; 619.699.1907 Completion Date: March 2016 Location: North San Diego County, California Description: Dudek provides on -call CEQA/NEPA services and full range of associated technical support services to NCTD. Services covered under this on -call can include preparation of environmental documents pursuant to CEQA and/or NEPA, undertaking surveys and technical reports either independently or in support of environmental documents, and providing compliance services to NCTD for ongoing construction and operations. Under the on -call contract Dudek has performed raptor nesting surveys and secured highest ratings on NCTD's evaluation forms for our services. Client and Contact: Orange County Public Works; James Volz, Project Manager; James.Volz@ocpw.ocgov.com; 714.834.4000 Completion Date: June 2018 Location: Santa Ana, California Description: Under its existing on -call contract with Orange County Public Works, Dudek has provided effective mitigation planning and biological monitoring services for the Los Alamitos Pump Station, Talbert Nature Preserve South, Laguna Canyon, and Haster Basin Mitigation Projects. As the biological monitoring team during mitigation monitoring periods for these projects, Dudek was asked to evaluate ongoing problematic site conditions and provide effective adaptive management recommendations that would bring the mitigation into compliance with mitigation performance standards. Dudek has performed monitoring at Talbert Nature Preserve South, including comprehensive site investigations, soil sample collection, testing and analysis, surface hydrology evaluation, polyphagous shot hole borer infestation evaluation, and botanical monitoring. Dudek provided recommendations to the maintenance contractor through quarterly monitoring reports. Dudek identified significant site constraints that prevent target riparian habitat development and formed the basis for creative recommendations to achieve permit requirements, including a pilot project to test a new riparian mitigation approach in response to hyper soil salinity. Dudek is preparing annual reports and an annual assessment of progress toward mitigation goals. Dudek also designed and prepared a habitat management and monitoring plan and construction documents for the Edinger Bridge Replacement Project, which detailed implementation, monitoring, and maintenance for establishment of approximately 1.25 acres of native salt marsh at the Talbert Nature Preserve South. On Call Entay�rounci�lCeS 16 - 304 3/21 /2023 17 DUDEK Client and Contact: City of Santa Ana, Suzi Furjanic, Associate Park Planner; sfurjanic@santa- ana.org; 714.667.2267 Completion Date: March 2020 Location: Santa Ana, California Description: Dudek was hired by the City of Santa Ana to develop a comprehensive rehabilitation plan for Centennial Park Lake and the area surrounding the lake. The goal of the rehabilitation project was to identify problems, and needs with the lake, lake equipment, the lake park area, park visitors, and lake maintenance. Dudek staff performed a comprehensive site analysis through a review of the lake as - built plans, right-of-way documents, existing utilities plans, soils and geologic information, and irrigation plans. In addition, Dudek staff visited the park to take a detailed survey and inventory of the equipment on -site and the operational status of each piece of equipment. Additionally, lake water and soil samples were taken and analyzed to assess the water quality and type of the subsurface lake liner. Client and Contact: Orange County Public Works; James Volz, Project Manager; James.Volz@ocpw.ocgov.com; 714.834.4000 Completion Date: August 2021 Location: Orange, California Description: Dudek supported the County through the CEQA and Caltrans National Environmental Policy Act (NEPA) compliance process for this project. Dudek prepared a Mitigated Negative Declaration (MND), Preliminary Environmental Study checklist, and various technical studies to satisfy the Caltrans NEPA compliance process. The project involves the replacement of an existing bridge with a precast concrete bridge located 2.2 miles east of Santiago Canyon Road. Client and Contact: City of Anaheim Public Utilities Department; Jonathan Sanks, Environmental Services and Safety Manager; jsanks@anaheim.net; 714.765.4117 Completion Date: March 2021 Location: Anaheim, California Description: Dudek assisted the City of Anaheim Public Utilities Department with technical studies in support of CEQA for additional water treatment, production and distribution facilities at four sites in the City of Anaheim. The additional water treatment facilities included ion exchange treatment to remove PFAS from groundwater. The project included installation of water treatment facilities at the La Palma, Linda Vista, Boysen Park and Energy Field sites in the city. Dudek prepared an Air Quality and Greenhouse Gas Emissions Technical Memorandum, a Biological Resources Technical Memorandum, a Jurisdictional Delineation, an Archaeological Investigation Report, and a Noise Technical Report used in the City- prepared MND which was adopted in April 2021. on Call Entay�rounciilCeS 16 - 305 3/21 /2023 18 DUDEK Client and Contact: Orange County Department of Housing and Community Development; Julia Bidwell, Director, Housing & Community Development; julia.bidwell@occr.ocgov.com; 714.480.2991 Completion Date: November 2020 Location: Orange, California Description: Served as project manager. Conversion of a vacant four-story commercial building into a 60-unit affordable housing community for families including Permanent Supportive Housing units designed to accommodate households who meet the Mental Health Services Act eligibility criteria whom are experiencing homelessness. The project was partially funded using HUD project -based vouchers, requiring the project to undergo NEPA review. Prepared the HUD EA and managed Dudek's interdisciplinary team to ensure that all technical analyses met HUD requirements and all federal, state, and local regulations. The NEPA review was successfully completed in time for the project to receive HUD funding. Client and Contact: Orange County Sanitation District; Adam Nazaroff, Engineering Supervisor; anazaroff@ocsd.com; 714.962.2411 Completion Date: February 2021 Location: Fountain Valley, California Description: Dudek was contracted in 2019 by the Orange County Sanitation District to prepare a Program Environmental Impact Report (EIR) for the Sanitation District's 2017 Facilities Master Plan. The analysis covers projects included in a 20-year Capital Improvement Program to ensure that the Sanitation District can sustain its infrastructure, meet future regulatory requirements, and continue to provide a reliable service to the public. It is composed of projects necessary to upgrade, replace, and rehabilitate aging facilities across the Sanitation District's system in central and northern Orange County. These include facilities at Reclamation Plant No. 1 in Fountain Valley, Treatment Plant No. 2 in Huntington Beach, the sewer collection system, and improvements at various pump stations. The project area spans 15 cities as well as jurisdictional areas in the County of Orange. The EIR is a combined Program/Project EIR, including 30 projects that are assessed at the project level, 45 at the program level. An innovative aspect of the project is an interactive project map and a web -based approach to public scoping developed by Dudek. This EIR was certified in December 2020, and the first Notice of Determination under the Facilities Master Plan was filed in February 2021. On Call Entopm aytounci1lCeS 16 — 306 3/21 /2023 19 DUDEK References Table 3. Dudek Client References Orange County Adam Nazaroff, Engineering Sanitation District Supervisor; anazaroff@ocsd.com; 714-962-2411 Facilities Master Plan Program EIR Orange County Public James Volz, Project Manager; Ladd Canyon Bridge Replacement Project Works James.Volz@ocpw.ocgov.com; MND 714-834-4000 OCPW Habitat Creation, Restoration, and Enhancement Services Orange County Julia Bidwell, Director, Housing Cartwright Family Apartments HUD EA Department of Housing & Community Development; and Community julia.bidwell@occr.ocgov.com; Development 714.480.2991 On Call Entopm aytounci1lCeS 16 — 307 3/21 /2023 20 SCOPE OF SERVICES AND SCHEDULE CEQA/NEPA Documents In our 41-year history, Dudek has prepared more than 3,200 CEQA and NEPA documents. We have a wide range of experience preparing initial studies (ISs), negative declarations (NDs)/MNDs, and EIRs under CEQA as well as preparing Categorical Exclusions, environmental assessments, findings of no significant impact, and environmental impact statements (EISs) under NEPA. NDs/MNDs Task 1. Kickoff Immediately following authorization to proceed on a project, the Dudek project management team will conference with City staff to discuss existing information, information gaps, the schedule, and the project description. We will discuss the latest practices to be followed in the preparation of the NDs/MNDs. Following the kickoff meeting with City staff, we will provide meeting notes. The Dudek project manager will immediately mobilize our staff and subconsultants, and distribute appropriate information to the team on which to base the environmental analysis for the project. Task 2. Project Schedule Dudek will submit a draft schedule at the time of submittal of a detailed work plan for a task order. Immediately following the kickoff meeting, we will adjust the schedule, as necessary, to reflect our growing understanding of the project and to account for any potential changes in the scope. Schedules for NDs and MNDs should not exceed 1 year in length from initial kickoff conference to Council consideration of the ND/MND unless specific complications or project changes arise. Our designated project manager and principal in charge will commit our team to the agreed -upon schedule and submit a final schedule to the City. Task 3. Preparation of the IS Dudek will prepare an IS that will either lead to the adoption of an ND or MND, or require preparation of an EIR. An administrative draft IS will be submitted for staff review prior to finalizing. We will initiate the preparation of an IS by first drafting a detailed project description. The project description is essential to demonstrate a common understanding of the project being analyzed in the IS. The project description will be prepared using the information gathered in Task 1. Developing an accurate baseline setting is essential to serve as the foundation for the environmental analyses. Following the collection and review of existing information and field surveys of the project area, we will synthesize the data into a detailed project description, accompanied by graphics and maps. We will submit a draft of the project description to the City for approval early in the process to verify that we share a common understanding of the project being evaluated. We understand that projects frequently change and develop, and are not always fully defined at the start of the environmental review process. Our staff will work closely with City staff to develop a working project description that provides maximum flexibility for the environmental analysis as we proceed through the environmental review process. On Call EntOPM aytounci1lCeS 16 - 308 3/21 /2023 21 DUDEK The administrative draft IS will include an evaluation of all of the environmental resources contained in the CEQAAppendix G environmental checklist. The analysis of each of the environmental disciplines will contain an inventory of the existing conditions, analysis of impacts, identification of the magnitude of the impacts as compared to the baseline, and the level of significance for each environmental discipline, as appropriate. Dudek will work closely with City staff to identify mitigation measures, if necessary and where appropriate, that will minimize impacts to levels below significance thresholds. The impact analysis will be based on both quantitative and qualitative analysis, and may require the preparation of technical studies, or the synthesis of existing available studies to support the analysis. We will submit the administrative draft IS/ND or IS/MND to the City for review. Following the review of the document by City staff and the incorporation of any comments and revisions requested, we will prepare a public draft IS/ND or IS/MND for public review. Task 4. Transmittal of Public Review Draft IS/ND or IS/MND Dudek will make any final changes and revisions to the IS/ND or IS/MND as requested by City staff, and will reproduce and distribute the documents for public review. We will distribute the documents to organizations and individuals on a mailing list provided by the City, and prepare appropriate transmittal letters. Dudek will also prepare the notice of completion (for State Clearinghouse involvement) and notice of intent (NOI) to adopt an ND or MND. Dudek will distribute the documents to the approved mailing list in both hardcopy and CD format, as directed by City staff. We will also provide the City with electronic versions of the documents ready for web posting. Task 5. Public Meetings/Hearings The project manager and key technical staff, as applicable, will be available to attend all public meetings and hearings throughout the CEQA process. We will also be ready to prepare materials and presentations for these meetings. These may include public community meetings and City Planning Commission and Council hearings on the project. We will also be available for team coordination meetings with City staff throughout the project. Task 6. Final IS/ND or IS/MND Dudek will compile all comments received during the public review period, annotate the comments, and evaluate comments' relevance to addressing project impacts. While formal written responses to comments are not required for an ND or MND, prudent practice is to provide written responses for all IS/NDs and IS/MNDs. We will collaborate with City staff on appropriate strategies to consider the comments during the City Council deliberations on the project. Dudek staff will draft responses to comments for City staff review, and make any modifications upon receiving comments from staff. Based on the comments on the draft IS/ND or IS/MND, Dudek will provide a technically sound, CEQA- compliant final IS/ND or IS/MND. The final IS/ND or IS/MND will include redline/strikeout text in an errata to the draft IS/ND or IS/MND. We will submit the administrative final IS/ND or IS/MND to the City for review. Following the review of the administrative final IS/ND or IS/MND by City staff and the incorporation of any comments and revisions requested by the City, we will provide hardcopies and CDs of the final IS/ND or IS/MND, inclusive of the comments and responses to comments, as directed by the City. on Call EntOPM aytounci1lCeS 16 - 309 3/21 /2023 22 DUDEK Dudek will prepare a mitigation monitoring and report program for each proposed project that includes mitigation measures. The mitigation monitoring and report program will include all accepted mitigation measures, along with the following: the project period to which the measure applies (i.e., construction, operation, pre -/post -occupancy), future review or reporting requirements involved in a measure, the responsible party for implementing and enforcing the mitigation, requirements for monitoring by outside agencies, and monitoring and reporting frequency. Dudek will also compile the Administrative Record for the City as the project progresses so that we can turn over the files immediately upon project conclusion. EIRs/EISs Task 1. Kickoff This task will be the same as outlined under Task 1 for NDs/MNDs. Task 2. Project Schedule Dudek will submit a draft schedule at the time of submittal of a detailed work plan for a task order. Immediately following the kickoff meeting, we will adjust the schedule, as necessary, to reflect our growing understanding of the project and to account for any potential changes in the scope. Schedules for EIRs and EISs should not exceed 18 months in length from initial kickoff to City Council consideration of the Final EIR (or EIR/EIS), unless specific complexities or changes in the project description arise. Our designated project manager will commit our team to the agreed -upon schedule and submit a final schedule to the City. Task 3. NOP/NOI In the preparation of an EIR or EIR/EIS, the environmental documents only need to address potentially significant impacts. Thus, an IS may be used as part of the notice of preparation (NOP) or NOP/NOI process to narrow down the scope of the EIR or EIR/EIS to focus on pertinent issues of concern. Dudek will prepare an IS/NOP or IS/NOP/NOI (the latter if an EIS is required due to federal involvement) to initiate the environmental review process and to solicit comments from agencies, organizations, and interested individuals. The IS will be based on the environmental checklist in Appendix G of the CEQA Guidelines. We will submit the administrative draft IS/NOP or IS/NOP/NOI to the City (and the federal lead agency) for review. Task 4. Transmittal of the NOP or NOP/NOI Dudek will make any final changes and revisions to the IS/NOP or IS/NOP/NOI requested by City (and federal agency) staff, reproduce and distribute the documents for public review to organizations and individuals on a mailing list provided by the City, and prepare appropriate transmittal letters. We will also prepare the notice of completion (for State Clearinghouse involvement). Dudek will distribute the documents to the approved mailing list in both hardcopy and CD format, as directed by City staff. We will also coordinate with federal agency staff for publication of the NOI in the Federal Register, provide draft notices for distribution to area newspapers, and provide electronic versions for posting to the City website. Following the review of the administrative draft EIR or EIR/EIS by City staff (and the federal lead agency), Dudek will incorporate any final revisions and address any remaining comments as requested by the City (and potentially the federal lead agency). We will provide Spanish translations of the Executive Summary and any other summary documents (e.g., Readers Guide), which will be made available during public review. Padilla and Associates is on our team to assist with public outreach and Spanish translation of meeting notices. on Call EntOPM aytounci1lCeS 16 — 310 3/21 /2023 23 DUDEK Task 5. Scoping Meeting Dudek will work with City staff to organize and participate in a scoping meeting to solicit public input on the scope of the EIR or EIR/EIS. We will work with City staff to determine the most appropriate format for the scoping meeting (i.e., open house or community presentation) and prepare all materials necessary for the scoping meeting (e.g., PowerPoint presentation, comment cards, sign -in sheets, handouts, poster boards). We will provide a translation of notices and materials into Spanish, if necessary. Task 6. Administrative Draft EIR The EIR or EIR/EIS will include a discussion of the existing physical and regulatory setting and impact analysis, including methodology and thresholds, mitigation measures, and residual impacts following the implementation of the mitigation measures. As described, the impact analysis will focus on the environmental issues that are determined to result in potentially significant impacts during the NOP or NOP/NOI and scoping processes. The impact analysis will be based on CEQA Guidelines Appendix G and the latest guidance from the City. The impact analysis will be based on both quantitative and qualitative analysis, and may require the preparation of technical studies or the synthesis of existing available studies to support the analysis. The EIR or EIR/EIS will include all required content pursuant to CEQA/NEPA, including an alternatives analysis, cumulative impacts analysis, and an assessment of growth -inducing impacts. Dudek will work closely with the City (and as necessary, the federal lead agency) to identify and screen a reasonable range of alternatives for analysis in the EIR or EIR/EIS. These alternatives will be based on their ability to feasibly attain most of the project objectives while avoiding or substantially lessening the potentially significant environmental impacts of the proposed project. The cumulative impacts analysis will focus on the potential for environmental impacts from this project, along with other proposed and reasonably foreseeable projects in the area. The list of cumulative projects will be developed in coordination with City staff. The project's contribution to the overall cumulative baseline will be evaluated and discussed, and cumulatively considerable impacts will be identified. We will also summarize the significant unavoidable impacts resulting from the project, and will identify any significant irreversible changes and irretrievable commitments of the environment, and will provide an explanation of issues found not to be significant during the IS process, as well as effects that were studied in the EIR that were determined to be less than significant. We will submit the administrative draft EIR, or EIR/EIS, to the City (and federal lead agency) for review. Following the review of the document by City staff (and federal lead agency) and the incorporation of any comments and revisions requested, we will prepare a public draft EIR for public review. Tasks 7. Preparation and Transmittal of Public Review Draft EIR or EIR/EIS Dudek will work with City staff to secure a mailing list, and prepare the notice of availability and appropriate transmittal letters. Dudek will also prepare the notice of completion (for State Clearinghouse involvement) and post the notice of availability with the County Clerk. Dudek will distribute the documents to the approved mailing list in both hardcopy and CD format, as directed by City staff. Document distribution will use certified mail, regular mail, and FedEx or other form of distribution that can provide tracking records. We will also coordinate with federal agency staff for publication of the notice in the Federal Register, provide draft notices for distribution to area newspapers, and provide electronic versions suitable for posting to the City's website. on Call Entopm aytounci1lCeS 16 — 311 3/21 /2023 24 DUDEK Task 8. Public Hearing This task would be the same as outlined for Task 5 under NDs/MNDs. Tasks 9. Final EIR or EIR/EIS Dudek will compile all comments received, and evaluate comments as to their relevance in addressing project impacts. We will collaborate with City staff on appropriate strategies to address the comments received. Dudek staff will draft responses to comments for City staff review, and make any modifications upon receiving comments from staff. Based on the comments on the draft EIR or EIR/EIS, Dudek will prepare an administrative draft final EIR or EIR/EIS. The final EIR or EIR/EIS will include redline/strikeout text to highlight changes in the document, along with an errata chapter, and the comments and responses to comments. Dudek will also prepare a draft mitigation monitoring and report program, which will identify the impacts, mitigation measures, timing of implementation, method of implementation, and responsible parties. Following the review of the administrative final EIR or EIR/EIS by City staff (and the federal lead agency), Dudek will incorporate any revisions and address comments as requested by the City (and the federal lead agency). We will submit a Screencheck version of the Final EIR or EIR/EIS for final review, addressing any final revisions or comments. Dudek will compile the Administrative Record for the City as the project progresses so that we can turn over the files immediately upon project conclusion. Dudek will also work with the City in the preparation of the findings of fact and statement of overriding considerations (if necessary). We will submit draft and final versions of these documents. Technical Studies The preparation of ISs/NDs/MNDs, EIRs, and EISs will require technical analysis to support conclusions made in the documents. Our in-house environmental experts have completed technical studies and environmental reports that cover all environmental disciplines. A consistent theme across all projects is our focus on problem solving and using the right tools to deliver successful outcomes. Engineering Support Our engineers plan, entitle, and design land development and infrastructure projects. We understand the importance of adhering to tight regulations, aggressive schedules, and narrow budgets. Simultaneously, we navigate and comply with conditions of approval to design projects that are practical, economically viable, and realistic given the regulatory environment. Our team includes LEED- accredited staff trained to create environmentally sensitive and low -impact designs that accomplish desired results and produce sustainable infrastructure. Stormwater Drainage and Regulatory Compliance. Our engineers are experts in surface water and stormwater drainage, including hydrology and hydraulic analysis. We have prepared numerous stormwater pollution prevention plans, water quality management plans, and dust control plans for our clients, and have experience with erosion and sediment control related to environmental compliance. In addition, we prepare environmental constraints analysis, analyzing slopes, drainage, and the geology of a project site. on Call EntOPM aytounci1lCeS 16 — 312 3/21 /2023 25 DUDEK Site Development. Our engineers are experts in site development, including site plans and preliminary engineering. We have experience in mass, rough, and precise site grading, as well as preparing tentative and final parcel maps and tract maps for development. Our staff provides third -party plan check services, peer review, and value engineering to public and private clients. Infrastructure and Transportation Planning and Design. Our engineers plan and design infrastructure for water, sewer, and storm drain systems. We also offer comprehensive transportation planning and design for paved roads, all weather access, pedestrian walkways, and Americans with Disabilities Act compliance. Public Outreach Dudek has teamed with Katherine Padilla & Associates (KPA), Inc., who will be providing outreach services for this contract. KPA is a full -service communication firm founded in 1994, and their services include strategic community outreach and public information campaigns, community meetings and workshops online and in -person, community -based research including focus groups and interviews, branding and graphic design, social media management, photography and video production, translation services, and much more. Its diverse team of eight includes members fluent in Spanish, Tagalog and Korean. KPA is also certified WBE, DBE, MBE and SBE. KPA's senior staff combine multidisciplinary technical and marketing skills with soft interpersonal skills, intangible necessities gleaned only from extensive experience and training. Its senior staff has deep knowledge in areas such as planning, design, engineering, environmental review, and construction. Within KPA's staff, each offers more than 15 years of hands-on experience in his or her field. Working proactively and sensitively, KPA senior staff averts crises and solve problems before they become issues, challenges many firms do not recognize until they have deteriorated into calamity. Our talents, training, and experience uniquely position us to communicate meaningfully with our clients, technical team members and the community. Since its inception, KPA has worked on projects in Orange, Los Angeles, Santa Barbara, Riverside, San Bernardino, Imperial, San Diego and Ventura Counties. In Santa Barbara County, KPA is working on the Santa Maria Levee Trail Study. In Ventura County, they're working on the multi -year Ventura County Transportation Commission Comprehensive Transportation Plan. A sampling of past and current projects include the following: ■ City of Santa Ana Downtown/Transit Zone Complete Streets ■ City of Santa Ana Safe Route to School ■ City of Costa Mesa Pedestrian Master Plan ■ City of Santa Monica North Beach Trail Improvement Project ■ Santa Barbara County Association of Governments Santa Ynez Valley Traffic Circulation and Safety Study ■ County of Santa Barbara, Santa Maria River Levee Trail Study ■ City of Escondido Grape Day Park Master Plan & Playground Design/Construction ■ Metro LA River Path Project ■ Metro East San Fernando Valley Light Rail Transit Project AA, EIR, and First -Last Mile Plan on Call Entay�rounci�lCeS 16 - 313 3/21 /2023 26 DUDEK ■ City of LA 7th Street Streetscape Improvement Project ■ Metro Mobility Matrix — San Fernando Valley and Las Virgenes/Malibu Subregion City of Calexico Transit Study On -Call Staff Consulting Dudek has performed as -needed and extension -of -staff contracts for more than 170 cities, counties, state agencies, and water and wastewater districts throughout California. Our as -needed staffing helps public agencies cost-effectively: ■ Manage technical staffing levels to meet short-term or long term needs in response to fluctuating workloads ■ Quickly access specialized technical expertise to supplement staff for complex projects challenges ■ Use contract technical staff with experience working seamlessly as part of municipal staff for positions that interact with the public We are well versed in the needs of local cities, agencies, and water districts, and we bring our depth of technical knowledge, experience, and successful project management approach to each project. Our professionals are trained to understand the agency's processes and apply our expertise within that structure. The result is maximized efficiency without sacrificing valuable time and energy. Dudek has built a strong reputation for helping public officials effectively progress through California's ever-increasing regulatory maze, providing the appropriate team of experienced scientific, engineering, and regulatory professionals. Our comprehensive approach and experience will provide the City with the following: ■ The Right People. We provide an experienced project manager who will draw from Dudek's 700+ environmental professionals to bring the appropriate expertise to your project, considering project needs and available budget. ■ Local Understanding. We hit the ground running, thoroughly researching the issues, discussing with your key staff, and bringing a key understanding of California's regulatory laws and in-depth knowledge of the City's service area and related environmental issues. We have worked in the City on diverse projects such as Centennial Park Lake and our staff has worked on the 1-5 HOV Lanes from SR-55 to SR-57 project. ■ Strong Reputation with Regulatory Agencies. Our professional scientists and planners have established strong working relationships with the local staffs of California's regulatory agencies, which is vital for keeping projects moving and obtaining final approvals. We are knowledgeable about the inter -agency agreements and local regulations. ■ Cost -Conscious Solutions. Our staff focus on implementation, and are cost-conscious. We know City's budget constraints, and will collaborate with your staff to achieve a cost-effective approach for compliance. ■ Collaborative Team Work. Our project managers recognize the importance of being part of the City team. We work with staff and customers in a professional, collaborative, and friendly manner. on Call Entopm aytounci1lCeS 16 — 314 3/21 /2023 27 DUDEK ■ In-depth Experience. Our project teams have worked with dozens of agencies on a wide variety of difficult projects. We will provide you and your staff varying perspectives on scoping and cost based on our experience successfully completing hundreds of municipal projects. ■ Prompt Communication. We provide frequent and regular reporting on key work tasks, meetings, and processes. We get in front of developing problems by keeping you informed when City staff may need to get involved, and offer alternatives to mitigate unnecessary delays. We respond quickly to requests and emergencies, as needed. ■ Comprehensive Service. We are a one -stop shop for your regulatory needs. Complementing our array of in-house expertise is our wide network of top-notch teaming partners throughout California. We will provide the City with a highly qualified, locally knowledgeable team of professionals who regularly work together to effectively complete difficult environmental and regulatory projects throughout California. on Call Entay�rounci�lCeS 16 - 315 3/21 /2023 28 EXHIBIT C CONSULTANT'S FEE & COSTS PROPOSAL City Council 16 — 316 3/21/2023 DUDEK 2022 Standard Schedule of Charges Engineering Services Project Director...................................................................... $305.00/hr Principal Engineer III..............................................................$285.00/hr Principal Engineer II...............................................................$270.00/hr Principal Engineer I................................................................$260.00/hr Program Manager..................................................................$250.00/hr Senior Project Manager.........................................................$250.00/hr Project Manager.....................................................................$245.00/hr Senior Engineer III..................................................................$235.00/hr Senior Engineer II..................................................................$225.00/hr Senior Engineer I...................................................................$215.00/hr Project Engineer IV/Technician IV.........................................$205.00/hr Project Engineer III/Technician III..........................................$195.00/hr Project Engineer II/Technician II............................................$180.00/hr Project Engineer I/Technician I.............................................$165.00/hr Senior Designer......................................................................$185.00/hr Designer................................................................................. $175.00/hr Assistant Designer.................................................................$170.00/hr CADD Operator III...................................................................$165.00/hr CADD Operator II....................................................................$155.00/hr CADD Operator I.....................................................................$140.00/hr CADD Drafter..........................................................................$125.00/hr CADD Technician.................................................................... $115.00/hr Project Coordinator................................................................ $140.00/hr Engineering Assistant............................................................ $120.00/hr Environmental Services Project Director................................................................................. $255.00/hr Senior Specialist IV........................................................................... $235.00/hr Senior Specialist III.......................................................................... $225.00/hr Senior Specialist II........................................................................... $205.00/hr Senior Specialist I............................................................................ $195.00/hr Specialist V........................................................................................ $185.00/hr Specialist IV....................................................................................... $175.00/hr Specialist III...................................................................................... $165.00/hr Specialist II....................................................................................... $150.00/hr Specialist I........................................................................................ $135.00/hr AnalystV........................................................................................... $125.00/hr Analyst IV.......................................................................................... $115.00/hr Analyst III........................................................................................... $105.00/hr AnalystII............................................................................................... $95.00/hr AnalystI................................................................................................ $85.00/hr Technician III....................................................................................... $75.00/hr Technician II........................................................................................ $65.00/hr Technician I..........................................................................................$55.00/hr Mapping and Surveying Services Application Developer II.................................................................. $195.00/hr Application Developer I................................................................... $155.00/hr GIS Analyst V.................................................................................... $205.00/hr GIS Analyst IV................................................................................... $165.00/hr GIS Analyst III.................................................................................... $145.00/hr GIS Analyst II..................................................................................... $130.00/hr GIS Analyst I...................................................................................... $115.00/hr LIASPilot........................................................................................... $115.00/hr Survey Lead..................................................................................... $185.00/hr Survey Manager.............................................................................. $135.00/hr Survey Crew Chief............................................................................ $115.00/hr Survey Rod Person............................................................................. $95.00/hr Survey Mapping Technician.............................................................. $95.00/hr Construction Management Services Principal/Manager................................................................. $195.00/hr Senior Construction Manager...............................................$185.00/hr Senior Project Manager.........................................................$175.00/hr Construction Manager...........................................................$160.00/hr Project Manager.....................................................................$150.00/hr Resident Engineer....................................................... ........... $150.00/hr Construction Engineer............................................................$150.00/hr On -site Owner's Representative............................................$140.00/hr Prevailing Wage Inspector..................................................... $139.00/hr Construction Inspector...........................................................$135.00/hr Administrator/Labor Compliance..........................................$100.00/hr Hydrogeology/HazWaste Services Project Director...................................................................... $305.00/hr Principal Hydrogeologist/Engineer II ..................................... $280.00/hr Principal Hydrogeologist/Engineer I ...................................... $260.00/hr Senior Hydrogeologist V/Engineer V.................................... $240.00/hr Senior Hydrogeologist IV/Engineer IV ................................... $230.00/hr Senior Hydrogeologist III/Engineer III .................................... $220.00/hr Senior Hydrogeologist II/Engineer II ...................................... $210.00/hr Senior Hydrogeologist I/Engineer I ....................................... $200.00/hr Project Hydrogeologist V/Engineer V.................................... $185.00/hr Project Hydrogeologist IV/Engineer IV .................................. $175.00/hr Project Hydrogeologist III/Engineer III ................................... $165.00/hr Project Hydrogeologist II/Engineer II ..................................... $155.00/hr Project Hydrogeologist I/Engineer I ....................................... $145.00/hr Hydrogeologist/Engineering Assistant .................................. $120.00/hr District Management & Operations District General Manager....................................................... $210.00/hr District Engineer..................................................................... $205.00/hr Operations Manager............................................................. $160.00/hr District Secretary/Accountant.............................................. $135.00/hr Collections System Manager ................................................. $135.00/hr Grade V Operator................................................................... $125.00/hr Grade IV Operator.................................................................. $110.00/hr Grade III Operator.................................................................. $100.00/hr Grade II Operator..................................................................... $80.00/hr Grade I Operator...................................................................... $75.00/hr Operator in Training................................................................. $75.00/hr Collection Maintenance Worker ............................................. $75.00/hr Creative Services Creative Services IV............................................................... $165.00/hr Creative Services III............................................................... $150.00/hr Creative Services II................................................................ $135.00/hr Creative Services I................................................................. $120.00/hr Publications Services Technical Editor IV................................................................. $165.00/hr Technical Editor III.................................................................. $150.00/hr Technical Editor II................................................................... $135.00/hr Technical Editor I.................................................................... $120.00/hr Publications Specialist IV ....................................................... $120.00/hr Publications Specialist III ....................................................... $110.00/hr Publications Specialist II ........................................................ $100.00/hr Publications Specialist I ........................................................... $90.00/hr Clerical Administration............................................................. $90.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full. Annual Increases - Unless identified otherwise, these standard rates will increase 3 % annually. The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly. DV uncil 16 - 317 1, 2022 EXHIBIT 6 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 21 st day of March, 2023 by and between ECORP Consulting, 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 September 23, 2021 the City issued a Request for Proposal ("RFP") No. 21-105, by which it desired to retain a consultant having special skill and knowledge in the field of Environmental Services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 21-105. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 21-105, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 21-105 and is attached hereto and fully incorporated herein by this reference as Exhibit A. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit B. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 21-105. The total compensation for services provided by all consultants selected under RFP 21-105 shall not exceed the shared aggregate amount of $1,500,000.00 during the term of this Agreement, including any extension periods as set forth in Section 3, below. Page 1 of 10 #25 ity Zj o u n c i 1 16 — 318 3/21/2023 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on March 21, 2023 for a three (3) year term and end on March 20, 2026, with the option for the City to grant up to two (2), 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 contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. Page 2 of 10 #25 ity Zj o u n c i 1 16 — 319 3/21/2023 b. Insurance coverage shall be at least as broad as: (i) 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 $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. (ii) 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 $1,000,000 per accident for bodily injury and property damage. (iii) 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. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) 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 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). Page 3 of 10 #25 ity Zj o u n c i 1 16 — 320 3/21/2023 (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage 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 Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv)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. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the 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 Entity. (vi)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. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • 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 contract work. Page 4 of 10 #25 ity Zj o u n c i 1 16 — 321 3/21/2023 (viii) 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 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. (ix)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. (x) 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. 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' Page 5 of 10 #25 ity Zj o u n c i 1 16 — 322 3/21/2023 letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified 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 Page 6 of 10 #25 ity tounci1 16 — 323 3/21/2023 Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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 consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(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 which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not Page 7of10 #25 ity Zj o u n c i 1 16 — 324 3/21/2023 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: Jennifer L. Hall 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 P.O. Box 1988 Santa Ana, California 92702 Page 8 of 10 #25 ity Zj o u n c i 1 16 — 325 3/21/2023 To Consultant: Brant Brechbiel Vice President & Chief Contracting Officer ECORP Consulting, Inc., 2861 Pullman St. Santa Ana, CA 92705 Fax: (714) 648-0630 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. 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 FOLLOWING PAGE] Page 9 of 10 #25 ity Zj o u n c i 1 16 — 326 3/21/2023 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SANTA ANA AND ECORP CONSULTING, INC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY: ._,tat an T. Martine Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency #256568v1 CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Z4, r Vz- Brant Brechbiel Vice President & Chief Contracting Officer ECORP Consulting, Inc. Page 10 of 10 City Council 16 — 327 3/21/2023 EXHIBIT A SCOPE OF SERVICES City Council 16 — 328 3/21/2023 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES RFP NO.21-105 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to qualified Environmental Consulting firms to provide Environmental Services for the City of Santa Ana Public Works Agency on an as -needed basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of $2,000,000. Work will be assigned by Contract Task Order (CTO). As tasks are identified, they will be distributed amount the firms based upon their ability to perform the required work within the project schedule and budget constraints. DESCRIPTION OF WORK The Consultant shall provide services under the direction of City staff. The Consultant will be expected to provide an experienced, educated and professional team, who's Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and up-to-date with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services will include preparation, distribution and filing of environmental noticing, documents, preparation of studies and technical reports, including but not limited to the following: • Initial Study • Noise Impact Study • Notice of Exemptions • Biological Studies • Negative Declaration • Cultural Resources Study • Mitigated Negative Declaration • Geological/Soil Study • Notice of Preparation • Hydrology/Water Quality Stud • Notice of Intent • Water Assessment Study • Notice of Availability • Mineral Resources Stud • Notice of Determination • Utility/Sewer Study • Environmental Impact Report • Traffic Stud • Environmental Assessment • Mitigation Monitoring Program • Environmental Impact Statement • Preparation of Response to Comments • Categorical Exclusion • Preparation of Statement of City of Santa Ana RFP 21-105 City Council age 16 — 329 3/21/2023 Overriding Considerations • Preliminary Environmental Stud • FAA and ALUC Required • Historic Records Search • Public Outreach • Environmental Certification Form • Preliminary Engineering as required to support environmental analyses. • Air Quality Study • On -call staff consulting Consultant services will also include attendance at appropriate City Commission, City Council, community, and other designated meetings as deemed necessary. PAYMENT AND INVOICING: Selected Consultant shall invoice the City Based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until completed Project has been accepted by the City. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: h!tps:Hdot. ca. gov/-/media/dot-medigZpro grams/local-assistance/documents/Igpm/ch l O.pdf COMPLIANCE WITH REOUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: City of Santa Ana RFP 21-105 City Council age - 6 — 330 3/21/2023 The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: hgps:Hdot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 21-105 City Council age - 6 — 331 3/21/2023 EXHIBIT B COMPENSATION Consultant's Fee Proposal City Council 16 — 332 3/21/2023 EXHIBIT B SOILS Atterberg Limits, D 4318, CT 204 $ California Bearing Ratio (CBR), D 1883 $ Chloride and Sulfate Content, CT 417 & CT 422.................................... $ Consolidation, D 2435, CT 219................................................................. $ Consolidation, Hydro -Collapse only, D 2435........................................... $ Consolidation - Time Rate, D 2435, CT 219........................................... $ Direct Shear- Remolded, D 3080............................................................ $ Direct Shear- Undisturbed, D 3080......................................................... $ Durability Index, CT 229............................................................................ $ Expansion Index, D 4829, IBC 18-3......................................................... $ Expansion Potential (Method A), D 4546................................................. $ Geofabric Tensile and Elongation Test, D 4632...................................... $ Hydraulic Conductivity, D 5084................................................................. $ Hydrometer Analysis, D 6913, CT 203..................................................... $ Moisture, Ash, & Organic Matter of PeatlOrganic Soils .......................... $ Moisture Only, D 2216, CT 226................................................................ $ Moisture and Density, D 2937................................................................... $ Permeability, CH, D 2434, CT 220........................................................... $ pH and Resistivity, CT 643........................................................................ $ Proctor Density D1557, D 698, CT 216, AASHTO T-180....................... $ Proctor Density with Rock Correction D 1557.......................................... $ R-value, D 2844, CT 301........................................................................... $ Sand Equivalent, D 2419, CT 217............................................................ $ Sieve Analysis, D 6913, CT 202............................................................... $ Sieve Analysis, 200 Wash, D 1140, CT 202............................................ $ Specific Gravity, D 854.............................................................................. $ Thermal Resistivity (ASTM 5334, IEEE 442)........................................... $ Triaxial Shear, C.D, D 4767, T 297.......................................................... $ Triaxial Shear, C.U., wlpore pressure, D 4767, T 2297 per pt................ $ Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt....................... $ Triaxial Shear, U.U., D 2850..................................................................... $ Unconfined Compression, D 2166, T 208................................................ $ MASONRY Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 $ Brick Compression Test, C 67.................................................... $ Brick Efflorescence, C 67...................................................... $ Brick Modulus of Rupture, C 67.................................................... $ Brick Moisture as received, C 67......................................................... $ Brick Saturation Coefficient, C 67........................................................ $ Concrete Block Compression Test, 8x8x16, C 140 ............................... $ Concrete Block Conformance Package, C 90......................................... $ Concrete Block Linear Shrinkage, C 426................................................. $ Concrete Block Unit Weight and Absorption, C 140................................ $ Cores, Compression or Shear Bond, CA Code ....................................... $ Masonry Grout, 3x3x6 prism compression, C 39.................................... $ Masonry Mortar, 2x4 cylinder compression, C 109................................. $ Masonry Prism, half size, compression, C 1019...................................... $ Masonry Prism, Full size, compression, C 1019...................................... $ REINFORCING AND STRUCTURAL STEEL Chemical Analysis, A 36, A 615......... Fireproofing Density Test, UBC 7-6........ Hardness Test, Rockwell, A 370................... High Strength Bolt, Nut & Washer Conformance, per assembly, A 325......................................... Mechanically Spliced Reinforcing Tensile Test, ACI. Prestress Strand (7 wire), A 416................................ Reinforcing Tensile or Bend up to No.11, A 615 & A 706... Structural Steel Tensile Test: Up to 200,000 lbs., A 370 ..... Welded Reinforcing Tensile Test: Up to No.11 bars, ACI ......... CONCRETE 170 Compression Tests, 6x12 Cylinder, C 39...................................................$ 35 550 Concrete Mix Design Review, Job Spec .....................................................$ 300 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 300 Concrete Cores, Compression (excludes sampling), C 42........................$ 120 150 Drying Shrinkage, C 157..............................................................................$ 400 200 Flexural Test, C 78.......................................................................................$ 85 350 Flexural Test, C 293.....................................................................................$ 85 300 Flexural Test, CT 523...................................................................................$ 95 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................$ 275 190 Lightweight Concrete Fill, Compression, C 495.........................................$ 80 170 Petrographic Analysis, C 856.......................................................................$ 2,000 200 Restrained Expansion of Shrinkage Compensation ...................................$ 450 350 Splitting Tensile Strength, C 496.................................................................$ 100 220 3x6 Grout, (CLSM), C 39.............................................................................$ 55 120 2x2x2 Non -Shrink Grout, C 109.................................................................$ 55 35 45 ASPHALT 300 Air Voids, T 269............................................................................................ $ 85 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) .............................$ 4,500 220 Asphalt Mix Design Review, Job Spec ........................................................$ 180 340 Dust Proportioning, CT LP4 ........................................................................$ 85 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 145 Film Stripping, CT 302..................................................................................$ 120 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366..........................$ 225 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 550 Moisture Content, CT 370............................................................................$ 95 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$1,000 350 Slurry Wet Track Abrasion, D 3910............................................................ $ 150 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) ..................$ 4,900 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$1,000 Unit Weight sample or core, D 2726, CT 308................ ........ ............ $ 100 70 Voids in Mineral Aggregate, (VMA) CT LP-2.............. ........ .............$ 90 55 Voids filled with Asphalt, (VFA) CT LP-3............... ........ ........ .........$ 90 55 Wax Density, D 1188 $ 140 50 45 AGGREGATES 60 Clay Lumps and Friable Particles, C 142....................................................$ 180 70 Cleanness Value, CT 227............................................................................$ 180 500 Crushed Particles, CT 205...........................................................................$ 175 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ....................... $ 180 70 Flat and Elongated Particle, D 4791............................................................$ 220 45 Lightweight Particles, C 123.........................................................................$ 180 35 Los Angeles Abrasion, C 131 or C 535....................................................... $ 200 120 Material Finer than No. 200 Sieve by Washing, C 117 ..............................$ 90 200 Organic Impurities, C 40...............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$1,250 Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 475 90 Sand Equivalent, T 176, CT 217.................................................................$ 125 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................ $ 120 Sieve Analysis, Fine Aggregate (including wash), T 27, C 136................. $ 145 150 Sodium Sulfate Soundness, C 88................................................................$ 450 175 Specific Gravity and Absorption, Coarse, C 127, CT 206..........................$ 115 170 Specific Gravity and Absorption, Fine, C 128, CT 207...............................$ 175 75 $ 90 ROOFING $ 80 Roofing Tile Absorption, (set of 5), C 67 .............. ........ ........ .......... $ 250 Roofing Tile Strength Test, (set of 5), C 67..... $ 250 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninyo 04ZOMCjiloratory Testing 16 - 333 3/21 /2023 Public Works Agency www.santa-ana.org/public-works Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Historic Cypress Fire Station Renovation Architectural Services AGENDA TITLE Approve an Agreement with Dunbar Architecture for Architectural Design Services for the Historic Cypress Fire Station in an Amount Not to Exceed $434,880 for a Five -Year Term (Project No. 22-6023) (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Dunbar Architecture to develop plans, specifications, final construction documents, and construction support for the rehabilitation of the Historic Cypress Fire Station in the amount of $394,880 with a contingency of $40,000, for a total amount not to exceed $434,880, for a five-year term beginning March 21, 2023 and expiring March 20, 2028, with an option for two, one- year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Cypress Fire Station, located at 625 South Cypress Avenue was designed by Frederick M. Eley, built in 1928, and served the Eastside (now Pacific Park) community as Fire Station #4 from 1928 to 1962. It is a one-story Spanish Colonial revival structure with exterior stucco walls, clay tile roof, and other architectural features that defines this style and the building's character. The single story building has a high vaulted ceiling that measures approximately 3,500 square feet. It is currently vacant and as a result, has been subjected to repeated vandalism and squatters. The interior of the building was recently demolished to wood framing in an effort to eliminate hiding spaces. On December 21, 2021, the City Council allocated $1,000,000 to rehabilitate the building. The rehabilitation will include preservation and restoration of the historic elements of the property. At the City Council meeting on August 16, 2022, it was decided that the site shall be adaptively reused as a new Police Athletic and Activities League (PAAL) Center for the community while maintaining and restoring the exterior integrity of the building. PAAL is an integral community program run by the Santa Ana Police Department that focuses on building a bond between kids and police officers through education, fitness and other activities. The program offers tutoring, sports team, field trips and much more. Additionally, the new PAAL center will also serve senior citizens. City Council 17 — 1 3/21/2023 Historic Cypress Fire Station Renovation Architectural Services March 21, 2023 Page 2 On December 12, 2022, the Public Works Agency issued Request for Proposals (RFP) No. 22-095, by which it sought the services of one qualified firm to provide the architectural design for renovation and adaptive reuse of this historic Cypress Fire Station. The RFP was advertised on the City's online bid management and publication system, with bids due on January 16, 2023. Five proposals were received and evaluated by a selection committee based on criteria as outlined in the RFP. Listed below are the responding contractors and their ranking: Rank Firm Location Average Score 1 Dunbar Architecture Los Angeles, CA 93 2 Donald Krotee Partnership Anaheim, CA 83.25 3 BOA Architecture Long Beach, CA 81.5 4 BFK Architecture + Planning Pasadena, CA 79.25 5 ITZEN Architects Santa Ana, CA 72.5 Staff recommends awarding an agreement (Exhibit 1) to Dunbar Architecture to provide design services based upon the scope of work and selection criteria outlined in RFP 22- 095. Their proposal demonstrated the firm has the necessary capacity and expertise to complete the required services. The firm's rates are reasonable and within industry standard, the team qualifications are appropriate for this project, and the proposal was determined to provide the best value for the City. FISCAL IMPACT The current fiscal year funding is available in the FY 2022-23 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration. Funds for the renewal options, if exercised, will be included in the proposed budgets for subsequent years. Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description FY 22-23 01117017-66220 General Fund PWA-Service $283,830 Enhancement, Improvements Other Than Buildings FY 23-24 01117017-66220 General Fund PWA-Service $70,965 Enhancement, Improvements Other Than Buildings FY 24-25 01117017-66220 General Fund PWA-Service $80,085 Enhancement, Improvements Other Than Buildings City Council 17 — 2 3/21/2023 Historic Cypress Fire Station Renovation Architectural Services March 21, 2023 Page 3 Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount TOTAL $434,880 EXHIBIT(S) 1. Dunbar Architecture Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 17 — 3 3/21/2023 EXHIBIT 1 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DUNBAR ARCHITECTURE FOR DESIGN SERVICES THIS AGREEMENT is made and entered into on this 21" day of March, 2023 by and between Dunbar Architecture, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of architectural design services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF WORK 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 Scope of Work that was included in RFP No. 22-095 and attached hereto as Exhibit A, and as further delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 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 C. The total amount to be expended under this Agreement shall not exceed $434,880.00 during the term of this Agreement, including any extension periods exercised under Section 3. This sum includes a contingency amount of $40,000. 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 Recitals which may reasonably be expected by City. City Council 17 — 4 3/21/2023 3. TERM This Agreement shall commence on the date first written for a five (5) year term with the option for the City to grant up to two (2) one 1 year renewals, 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 responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 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 $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. 2 City Council 17 — 5 3/21/2023 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 $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 Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. 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 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 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 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 Consultant's insurance coverage shall be primary insurance 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. 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 Consultant hereby grants to City a waiver of any right to subrogation which 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. City Council 17 — 6 3/21/2023 Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the 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. 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. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. 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 (S) years after completion of contract work. 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 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 Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant 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. 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. 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 2 City Council 17 — 7 3/21/2023 personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is 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 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. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also 5 City Council 17 — 8 3/21/2023 information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Provider 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. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any 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 Contractor, 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. 0 City Council 17 — 9 3/21/2023 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 which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of 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. 7 City Council 17 — 10 3/21/2023 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, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Jennifer Dunbar Principal/Owner Dunbar Architecture 12314 La Maida St. Los Angeles, CA 91607 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. 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 City Council 17 —11 3/21/2023 this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Bv: Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency 9 CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Jennifer Dunbar Principal/Owner City Council 17 — 12 3/21/2023 EXHIBIT A City Council 17 — 13 3/21/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CYPRESS FIRE STATION RENOVATION RFP NO.22-095 INTRODUCTION/BACKGROUND The City of Santa Ana is (CSA) soliciting proposals for Architectural/Engineering, Interior Design, and Construction Administration services for renovation and adaptive reuse of the historic Cypress Fire Station. The Cypress Fire Station, located at 625 South Cypress Avenue in the Pacific Park Neighborhood, was designed by Frederik M. Eley in 1928. The building is approximately 3,500 square feet, single story with high vaulted ceilings. It is currently vacant and as a result, has been subjected to repeated vandalism and squatters. The interior of the building was recently demolished down to wood framing in an effort to eliminate hiding spaces. The City would like to transform the former fire station into a new Santa Ana Police Athletic & Activity League (PAAL) center to serve youth and seniors of the community while maintaining and restoring the exterior integrity of the building. PAAL is an integral community program run by the Santa Ana Police Department that focusses on building a bond between kids and police officers through education, fitness and activities. It offers tutoring, sports team, field trips and much more. The new PAAL center will be unique in that it will also serve seniors. The City is seeking a qualified firm to develop Contract Documents for use in a competitive bid process for construction, as further defined below under Scope of Work and Consultant Responsibilities. In addition, Consultant shall determine cost estimate for construction, so funding can be sought and secured. There is currently no construction budget for this project. Scope of Work Scope of work shall include, but is not limited to, finalizing building program, preparation of concept design and design development plans, preparation of construction plans and specifications, preparation of cost estimate, support during bid advertisement, and assistance during construction. Scope will also include coordination, reviews, permitting, and approvals from internal CSA agencies, Pacific Park Neighborhood Association, and the Historic Resources Commission. A generalized description for consideration are as follows. 1. Exterior a. Historic character of building must be maintained b. Stucco: thoroughly clean all exterior surfaces, address all cracking c. New roofing d. Door and window treatment e. Provide architecturally appropriate interior & exterior lighting fixtures f. New LED Security and Pathway Lighting g. Associated sitework (hardscape, landscape & irrigation) City of Santa Ana RFP 22-095 City Council age -17 — 14 3/21/2023 h. West Entrance i. Retrofit doors to match original design ii. Clean up entrance building lettering, stone/brick, stucco and windows iii. Replace walkway connecting west entrance to sidewalk on Cypress Ave. iv. Create a patio area for outdoor activities for children and seniors i. East Entrance i. Create entrance for exclusive use by Police Department staff and officers. Gate/fence must be open without police officer getting out of their vehicle. Must be able to open gate/fence from their phone. ii. Create parking area along east side of building exclusively for police officers iii. Create access for police officers to their substation j. Surveillance: Provide comprehensive exterior security cameras and necessary low voltage cabling k. IT/Wireless Service: Coordinate with IT to provide no low voltage cat 6 cabling/trays throughout the building along with new access points 2. Interior a. General building i. All new building systems ii. Include technology in all new classrooms, open area and substation iii. New flooring throughout iv. New restrooms for patrons and staff, v. New restroom(s) exclusively for police officers vi. New lighting plan to ensure no shadows or dark areas vii. Replace all furniture in public and private spaces viii. New ceiling system ix. New HVAC, mechanical, electrical and plumbing x. Repair interior and exterior windows; and doors xi. Provide a comprehensive signage plan xii. ADA compliance/Accessible path of travel b. Open Community Area i. Front desk to check in ii. Open space with direct line of sight iii. Maintain high vaulted ceilings and one story c. Two New Classrooms i. (1) Room dedicated for physical activities ii. (1) Room dedicated for arts but can transform for senior citizen classes d. Two New Offices i. (1) New office for Director ii. (1) New office for Assistant Director e. New Police Substation i. New office(s)/work space ii. New Restroom iii. New kitchen / break area Original Floor Plans are included in this Request for Proposals as Attachment 4 City of Santa Ana RFP 22-095 City Council age - 7 — 15 3/21/2023 Consultant Responsibilities The Consultant's responsibilities shall include the following project tasks: Consultant is responsible for providing all design and engineering as required for all components within the project scope of work. As applicable, this includes but is not limited to: survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, parking and site improvements design, street improvement design (new driveway/access points), structural design, interior design including bookshelf layout plans, furniture selection, electrical engineering, mechanical and plumbing engineering, etc. Consultant will also be responsible for facilitating up to three (3) meetings with City Staff to obtain input and finalize concept plan, up to three (3) meetings with Pacific Park Neighborhood Association, and up to three (3) presentations to the Historic Resources Commission (HRC). Consultant shall provide review sets in .pdf format. Final plans shall be provided in AutoCAD or Microstation format, and .pdf format. Task 1: Pre Design Preliminary design shall include Kick-off meeting with City Staff (representatives from Public Works Agency and Santa Ana's PAAL) to discuss scope of work, project goals and objectives, potential elements and issues, schedule, review of existing information and site investigation. ➢ Deliverables shall include a Work Task Plan, Schedule, Geotechnical Report and Site Survey. Work Plan should include key milestones and highlight tasks associated with historical registry requirements. Task 2: Concept Design Consultant shall meet with City Staff to review potential layouts and develop concept plans. Concept design shall be presented to the Pacific Park Neighborhood Association for input, and to the Historic Resources Commission for approval before proceeding to subsequent tasks. ➢ Deliverables shall include up to three (3) concept designs, with drawings/renderings for each the following: exterior from Cypress Avenue and back alley, main common area, classroom /activities rooms, police substation. ➢ Final Concept shall be approved by City Staff ➢ Garner community input ➢ Obtain Historic Resources Commission approval Task 3: Design Development (50% plans) Design development will involve the schematic development of plans based on the approved conceptual design plan, which shall include but is not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, draft technical specifications and "opinion of estimated cost'. ➢ Deliverables shall include a 50% set of plans, including site section studies, draft specification, "Opinion of Probable Cost". City of Santa Ana RFP 22-095 City Council age - 7 — 16 3/21/2023 Task 4: Construction Documents (90% and 100% plans) Construction Documents (CDs) shall include finalizing approved deliverables from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor. ➢ Deliverables shall include 90% and 100% plans, structural calculations, CASP report, final technical specifications, finalized "Opinion of Probable Cost". 100% plans will go through a constructability review that could lead to comments and recommendations that should also be addressed and completed as part of this deliverable. Plans: Plans shall include, but are not limited to the following: • Title Sheet • Civil Engineering o Parking areas o Grading And On -Site Drainage Plan o Site Utility Plan • Landscape Architectural o Site Layout/Construction Plans And Details o Planting Plans/Details/Notes o Irrigation Plans/Details/Calculations/Notes • Architectural o Demolition Plans (interior and exterior) o Construction Plans (interior and exterior) o Reflected Ceiling Plans o Exterior Elevations o Interior Elevations o Mechanical and Plumbing Plans/T-24 o Electrical Plans, as applicable o Architectural Details o Structural Calculations o Door/Window/Finish/Hardware Schedules o ADA Path of Travel design and/or signage Plan Structural Engineering o Structural Design o Structural Calculations o Detailing Mechanical Engineering & Plumbing o Include new HVAC system o Include new water service meters (I -domestic, 1-irrigation) Electrical Engineering o Electrical Site Plan (exterior lighting) o Electrical Floor Plan (interior lighting) o Light fixture schedule o Security System o Photometrics. o Location of panels, switchgear, meters o Details o Notes, specifications City of Santa Ana RFP 22-095 City Council age 17 — 17 3/21/2023 Plan Check & Permits: Additionally, this project is subject to review and approval by PWA CIP Engineering Division, CSA Planning & Building Agency (PBA), and the Historic Resources Commission (HRC). PWA Engineering Divisions will be conducting reviews at concept, 30%, 50%, 90%, and 100% stages. Plans shall not be submitted to PBA until they are at 100% status. HRC approval shall be obtained during Concept phase of the project. Consultant shall be responsible for determining what is needed in the submittal package to obtain HRC approval. Historic Resources Commission (HRC) Pursuant to our Historic Ordinance, major exterior modifications to a historic structure requires the approval of the HRC through a duly noticed public hearing and issuance of a Certificate of Appropriateness. Therefore, the property owner would need to apply for a Historic Exterior Modification Application (HEMA). The cost for this application is $2,348.83. Prior to presenting the application to the HRC city staff will ensure that any proposed exterior modifications are consistent with the Secretary of Interior's Standards for rehabilitation and consistent with our Historic Ordinance. Staff recommends the proposal identify a historic consultant to provide a compliance statement ensuring consistency with the standards. This compliance statement would help streamline the review process and help with staff recommendation for approval. The timeframe for the HEMA will also vary as we only have four regularly scheduled HRC meetings throughout the year (January, April, July, and October). It will be important to coordinate this effort proactively with the Planning department staff to determine the submittal deadline for the next available HRC meeting. Planning and Building Agency — Plan Check: Construction drawings shall be in accordance with the 2022 California Building Code (adopted January 1, 2023) and will require review/approval by the City Planning and Building Agency. As a condition of plan check approval, plans, specifications and structural calculations must be signed by a California licensed architect / landscape architect /civil engineer/structural engineer as appropriate. Additionally, the architect will be encouraged to identify their historic consultant to address questions and concerns related to the historical preservation of the building. Plans shall be organized so that they can be segregated cleanly for distribution to the various plan checking entities. Construction drawings shall be submitted at 90% completion for review by Public Works CIP Engineering and Santa Ana PAAL staff and revised per their comments. The 100% complete construction drawing package will then be submitted for final City review Planning and Building Agency. The Public Works Agency Project Manager will coordinate and assist with the submittal and review processes. Consultant shall revise Contract Documents to reflect all comments and input provided by these divisions. Consultant shall communicate directly with the Building Department Plan Checker as necessary to address any questions or request clarifications. Once complete, the consultant will revise the Contract Documents and provide written responses to all plan check comments and provide with resubmittals. City of Santa Ana RFP 22-095 City Council age - 7 — 18 3/21/2023 Technical Specifications Technical specifications for all components listed above shall be provided by Consultant, or their Sub - consultants, to the City in CSI (Construction Specifications Institute) format to be folded into city provided boiler plate specifications. Consultant shall coordinate language between the general and technical specifications to ensure conflicts are minimized. Technical specifications combined with the City Boiler Plate together become the Project Manual. Final Opinion of Probable Cost Consultant shall provide updated opinion of probable construction cost which shall reflect finalized plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project. Should project scope exceed available budget, project plans/specifications will be phased as appropriate. Task 5: Bid Advertisement, Construction Administration, Record Drawings: Bid Advertisement Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, or conflicts arising out of the bidding process. Consultant shall also attend pre -proposal meeting, if scheduled. Construction Administration Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and/or reviewing submittals. Record Drawings /As -Built Plans: Upon construction completion, consultant shall incorporate as -built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives. Fee Proposal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the abovementioned tasks as follows: Task 1: Pre -Design Task 2: Concept Design Task 3: Design Development Task 4: Construction Documents Task 5: Bid Advertisement, Construction Administration, Record Drawings Total Fee: Fee schedule for each task should include an hourly breakdown that corresponds to the task total. City Responsibilities The City will be responsible for the following items: • Provision of available plans and existing documentation on file. • Provision of electronic design file with City title block and title sheet (24" x 36") • Provision of standard City boilerplate specifications. • Acting as liaison with the appropriate decision making bodies, as necessary. • Assist with coordination and processing of plans and documents with governmental agencies having jurisdiction over the project. City of Santa Ana RFP 22-095 City Council age 17 — 19 3/21/2023 EXHIBIT B City Council 17 — 20 3/21/2023 CYPRESS STREET FIRE STATION RENOVATION v . . STATEMENT OF QUALIFICATIONS & PROPOSAL RFP NO.: 22-095 January 18, 2023 DUNBAR ARCHITECTURE ARCHITECTURE & DESIGN I HISTORIC ARCHITECTURE I INTERIORS City Council 17 — 21 3/21 /2023 Based on the information provided in the Request for Proposal, Response to Questions, and the Pre -bid site walk on December 21, 2022, we understand the project to consist of a 4,000 rehabilitation project that will renovate the historic Cypress Fire Station (3,500 square feet) and remove a non -original rear carport addition (500 square feet) on an approximate 8,000 square foot lot. The project is located at 625 South Cypress Avenue and was designed in 1928 by Frederick M. Eley, a prolific and highly regarded architect in early Santa Ana and Orange County history. The goal of the project is to transform the building and exterior spaces into a new Santa Ana Police Athletic & Activity League (PAAL) center to serve the community, while restoring the exterior integrity of the building and maintain its historic register standing. Anticipated Site Work: Site work includes grading, asphalt and concrete work around the site, ADA access improvements at the exterior of the building, fencing and gates, utility connections and related buildouts, parking area grading and striping, site lighting, EV charging stations, stormwater management (LID) and site drainage, erosion control, irrigation, and landscaping. Additionally, we see the site work as an opportunity to engage with and create exciting placemaking and programming opportunities for the community. By the removal of the existing and excessive hardscape and the introduction of low maintenance and low water use native plant landscaping, we believe there is a prospect to create a welcoming and engaging outdoor space for the community. We feel that even small spaces can provide a place of respite and occasions for community activities and learning. Anticipated Building work: General programming of the building is to include an open community area with a front desk check -in, two new classroom spaces dedicated for physical recreation and art activities, two new offices for the Director and Assistant Director, restrooms, and a new Police Substation with City Council J 7 — 22 3/21 /2023 workspace and break room. A patio for activities is envisioned for the front (west) exterior space. Secured enclosure off the rear (east) side of the building that opens onto the existing alleyway is to provide access to police offices and staff. The city has noted that project will not be considered an "Essential Services" building. The exterior of the building, specifically the front and side elevations will be restored to retain its character defining features. Using the original historic drawings and photos of the original building, doors and windows will be recreated to return the building to its original exterior. Interior and exterior lighting will be selected for appropriateness. The clay tile roof, stucco, and decorative tiling will be cleaned, repaired, and reinstalled to match existing as needed. It is anticipated that a new built-up roofing system will be required at flat and parapet roof areas. Interior work will be designed to provide inviting and engaging spaces for users that is modern but complementary to the historic building. Accessibility, safety, and inclusion will be the driving factors for interior spaces and finishes. Task 1: Pre -Design Our first step after the initial kick off meeting will be to initiate a site survey, develop a base level of working architectural drawings from the original building drawings, and determine if additional information is needed. A meeting with city staff will be held to confirm program- ming requirements and discuss initial concept design options. DELIVERABLES: • A programming and project narrative, including engineering memos of expected scope for structural, mechanical/ electrical/ plumbing, and civil engineering. • Base level architectural plans for concept design discussions • Work task plan and schedule • Site survey • Identification of additional material testing and investigative demolition, if necessary • Identification of applicable codes and standards and coordination of requirements with appropriate agencies City Council ®7 — 23 3/21 /2023 Task 2: Concept Design After developing three preliminary design concept schemes, a second meeting will be held with city staff (PWA and PAAL) to review adjacencies, locations, and program adjustments. The first meeting with the Pacific Park Neighborhood Association will be held to introduce the design concepts to the group. Feedback from the group will be used to make adjustments to the design concepts. A Rough Order of Magnitude (ROM) cost estimate narrative will be de- veloped to establish Rough Order of Magnitude costs for the three design concept options. A second meeting with the Pacific Park Neighborhood Association will occur to review updates to the design concepts and determine a preferred direction. A third meeting with city staff will occur to select the final option. Once the final option is selected, the team will prepare a sub- mittal package of the selected concept to the Historic Resources Commission. DEL I VERABL ES., • Rendered concept drawings with 5 views for each of the 3 concepts (15 renderings) • Schematic level plans and elevations for review by the Historic Resources Commission • ROM Cost Estimate narrative Task 3: Design Development (50% Package) The Design Development phase will begin to develop the selected concept design option and begin the process of engineering and coordination of drawings within the design team. The selection process of materials, finishes, fixtures, and furnishings will begin at this stage. A meet- ing with city staff to review the 50% Design Development drawing and specification package along with an updated Cost Estimate will take place at the end of this phase. If Value -Engi- neering of the project is requested by the city, Additional Service fees will be submitted for re -design and re -engineering of the project. DELIVERABLES: • 50% DID drawings and specifications • Outline of Project Manual • 50% DID Cost Estimate Task 4: Construction Documents (90%) We have split Task 4 into two components - completion of the Construction Documents to 90% and Agency Submission through Approvals. For Task 4.1 Construction Documents, a substantially complete package of drawings, specifica- tions, and cost estimate updates will be delivered to the city. A final review of the CD Package will take place with city staff (PWA & PAAL). DELIVERABLES: • 90% CD drawings and complete CD specifications • Updated Cost Estimate based on 90% CD package • Project Manual with all narratives and reports, including CASp report City Council 1 7 — 24 3/21/2023 Task 4.2 Agency Submission through Approvals anticipates two rounds of plan check respons- es. Once the drawings are reviewed, cleared, and signed by city staff, a final For Construction Bid Set will be issued with all corrections and bidding instructions included. A Project Manual will be included with a summary of the work, sample construction schedule and other relevant information. DELIVERABLES: • For Construction Bid Set • Project Manual with all narratives, instructions, and reports Task 5: Bidding, Construction Administration, & Close -Out We anticipate 3 months for General Contractor Bidding on this project and a 12-month Con- struction period. Our team will provide the support to review Requests for Information and Submittals, and Architect will attend weekly Owner/Architect/ Contractor (OAC) meetings during the course of construction. The design team and client will provide a punch list near the end of construction. Following construction completion, we will work with the General Con- tractor to provide signed and stamped Record Drawings with all field changes during con- struction identified and included. ASSUMPTIONS: 1. The City will contract directly with a Geotechnical Engineer to provide a soils report for the project if needed. Architect and Structural Engineer can provide consultant recommen- dations if requested. 2. Fees for a topographic survey are included in this proposal. The following are assumed: • The City will provide a current title report of the property • The City will hire a subsurface utility locating company, if needed. • The site will be accessible and clear of all obstructions at the requested time of survey. • Lot Tie Agreement and Lot Line Adjustments are not included. • Legal description(s) and exhibit(s) for dedications/ easements are not included. • Sufficient survey monumentation will exist at the controlling major intersections and key locations of the underlying record maps. • A Record of Survey (boundary survey) to be filed is not included. • If either of the last two items are required, additional fees will be incurred. 3. The City will contract directly with an Environmental Consultant for CEQA requirements if required. Architect can provide consultant recommendations if requested. 4. If a Street Improvement Plan is required, additional fees will be incurred by Civil Engineer. Improvements to the actual vehicular street are not included. Per the RFP, improvements to the curb will be included. 5. As the interior of the building is open to the structure, it is not anticipated that addi- tional investigative demolition will be necessary. However, if that changes during the initial phases of the project, the team will notify the City and make the request in writing with reasons for the request. City Council J 7 — 25 3/21/2023 Section 2 City Council 17 — 26 3/21/2023 DESIGN DELIVERY SCHEDULE SANTA ANA CYPRESS FIRE STATION RENOVATION ACTIVITY AiIOK Wells D m TASK I: Pre -Design alorke.—ad Kkk OKMeeelog Site Survey by lic urveyor 6 & I....ed Field Verification Investigation 2 Develop base level working architectural drawings 3 Initial Concept Design plan meeting w/ City Staff Deliverables: - Programming and Project Criteria Work Task Plan & SCM1edole Site Survey TASK 2: Concept Design Prepare Concept Design Options 6 Ist Meeting with Pacific Park Neighborhood Association 2nd Meeting with City Staff (PWA, PAAL) to review Design Options Adjustments to Concept Design Options 2 Rough Order of Massa tude (_M Cost Earhms. 2 2nd Meeting with Pacific Park Neighborhood Association 3rd Meeting with City Staff (PWA, PAAL) W select final Option Atliustments to Selected Concept Design 2 3rd Meeting will Pacific Park Neighborhood Association Prepare Package for Submittal of Selected Concept to Historic S_'bmit Selected Concept to Historic Resources Commission -Rendered concept drawings with 5 views for 3 concepts (15 renderings) -ROM Cost Estimate TASK 3: Design Development (50%) Prepare Design Development Package&specifications 9 Update of Cost Estimate 3 Progress Meeting w/City Staff (PWA) Delhrerebi Drawings -Specifications - Updated Cost Estimate TASK 4.1: Construction Documents (90%) Prepare construction Documents&specification 14 CASp Review and base report 2 Update of Cost Estimate 2 Review of CD package with City Staff (PWA, PAAL) DalMmsble -Drawings & Specifications -Updated Estimate of Construction Costs -Project Manual, including all reports (CASp, etc) TASK 4.2: Agency Submission through Approval Prepare 90%Submittal to PBA 2 Review of documents by PBA 15 Address PBA comments - Round 1 2 Review of documents by PBA 6 Address PBA comments - Round 2 Approval by PBA DelW. Wes, -Bitl Set Drawings -Specifications -Project Manual 11111111/ TASK 5.1: Procurement/Bid Support 12 TASK 5.2: Construction Administration (1 B months) TASK5.3:Support h g /CI se o u n c i 1 17 — 27 18 3/21 /2023 EXHIBIT C City Council 17 — 28 3/21/2023 FEES TASK 1 TASK 2 TASK 3 TASK 5.3 % of $2.2M TOTAL per construction Close Out consultant budget (1 week) TASK 4.1 TASK 4.2 TASK 5.1 TASK 5.2 Design 90% Construction Agency Reviews & Bid Support & Pre -Design Concept Design Development 50% Documents Approvals Award CA (4 weeks) (14 weeks) (12 weeks) (16 weeks) 100% CDs (12 weeks) (12 months) Architectural (includes CASp) $3,100 $24,330 $25,000 $36,040 $10,560 $5,040 $45,000 $1,065 $150,135 Civil $1,000 $3,000 $15,000 $32,000 $5,000 $5,000 $9,000 $1,000 $71,000 Structural $3,150 $5,670 $14,440 $20,050 $3,710 $1,000 $9,500 $1,000 $58,520 MEP $705 $3,325 $12,150 $15,960 $2,250 $610 $3,540 $1,200 $39,740 Landscape Architect $1,150 $12,560 $10,500 $11,350 $1,975 $1,150 $2,300 $1,150 $42,135 Cost Estimator $0 $2,610 $8,410 $7,250 $0 $0 $0 $0 $18,270 Surveyor $6,280 $0 $0 $0 $0 $0 $0 $0 $6,280 Geotech $8,800 $0 $0 $0 $0 $0 $0 $0 $8,800 TOTAL per Task: $24,185 $51,495 $85,500 $122,650 $23,495 $12,800 $69,340 $5,415 $394,880 6.82 % 3.23% 2.66% 1.81 % 1.92 % 0.83 % 0.29 % 0.40% 17.95% City Council 17 – 29 3/21 /2023 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 March 21, 2023 TOPIC: Agreement With Southern California Edison Company AGENDA TITLE Agreement to Extend License with Southern California Edison Company for the Bristol/Alton Bike Trail (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a License Agreement (Contract No. 9.5074) with Southern California Edison Company to continue the use of Edison property for the Bristol Street and Alton Avenue Bike Trail for a term from May 1, 2023 through April 30, 2028 in an amount not to exceed $1,587, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On May 1, 2008, March 4, 2013, and April 17, 2018, the City Council approved a five- year license agreement with Southern California Edison Company (Exhibit 1) for the use of property at Bristol Street and Alton Avenue for parks and public recreational purposes. The property is used for the Alton Bike Trail connection between the Pacific Electric Bike Trail and the Santa Ana River Bike Trail (Exhibit 2). As a critical connection for the City's Golden Loop Bike Trail System, the City installed a 10-foot wide asphalt bike trail, irrigation, and landscaping on the property, and continues to maintain the site. The license agreement will continue the use of the property as originally agreed and will expire on April 30, 2028 for a total compensation of $1,587 for the five-year term. FISCAL IMPACT Funds are available for expenditure in the current Fiscal Year 2022-23 budget: Fiscal Year Accounting Fund Accounting Unit — Amount Unit — Account Description Account No. No. Description 2022-23 01117651-62320 General Fund Park maintenance $1,587 Service Enhancement — Maintenance & Repair Buildings TOTAL $1,587 City Council 18 — 1 3/21/2023 License Agreement with Southern California Edison Company March 21, 2023 Page 2 EXHIBIT(S) 1. Southern California Edison License Agreement 2. Location Map Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 18 — 2 3/21/2023 SCE Doc. 319004 Att. EXHIBIT 1 Contract No. 9.5074 CITY OF SANTA ANA PUBLIC WORKS AGENCY L I C E N S E A G R E E M E N T INDEX OF ARTICLES 1. USE 2. TERM 3. CONSIDERATION 4. INSURANCE 5. LICENSOR'S USE OF THE PROPERTY 6. LICENSEE'S IMPROVEMENTS 7. LICENSEE'S PERSONAL PROPERTY 8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES 9. ACCESS AND CLEARANCES 10. PARKING 11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT) 12. FLAMMABLES, WASTE AND NUISANCES 13. PESTICIDES AND HERBICIDES 14. HAZARDOUS WASTE 15. SIGNS 16. FENCING AND EXISTING FIXTURES 17. PARKWAYS AND LANDSCAPING 18. IRRIGATION EQUIPMENT 19. UNDERGROUND TANKS 20. UNDERGROUND FACILITIES 21. UTILITIES 22. TAXES, ASSESSMENTS AND LIENS 23. EXPENSE 24. ASSIGNMENTS 25. COMPLIANCE WITH LAW 26. GOVERNING LAW 27. INDEMNIFICATION 28. TERMINATION 29. EVENTS OF DEFAULT 30. REMEDIES 31. LICENSEE'S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION 32. LIMITATION OF LIABILITY 33. NON -POSSESSORY INTEREST 34. WAIVER 35. AUTHORITY 36. ELECTRIC AND MAGNETIC FIELDS se Initial Licensor/Licensee Rev8 2016-05-11 GS-JC City Council 18 - 3 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 37. INDUCED VOLTAGES 38. NOTICES 39. RECORDING 40. COMPLETE AGREEMENT 41. SIGNATURE AUTHORITY 42. SURVIVAL APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS ADDENDUM(S) PARKING PARK USE TREES / LANDSCAPING -2- Initial Licensor/Licensee Rev8 2016-05-11 GS-JC City Council 18 — 4 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 LICENSE AGREEMENT THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, called "Licensor", and, CITY OF SANTA ANA PUBLIC WORKS AGENCY called "Licensee"; WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, hereinafter designated as "Property" on the Exhibit "A" attached hereto and made a part hereof, being all of Assessor's Parcel Number 410-223-07, situated in the City of Santa Ana, County of Orange, State of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether or not of record. Acknowledgment of License and Disclaimer of Tenancy Licensee acknowledges and agrees that the License constitutes a limited, revocable, non -possessory, personal and non -assignable privilege to use the Property solely for those permitted uses and activities expressly identified in the Agreement (the "License Privilege"). Licensee further acknowledges and agrees that: • The consideration paid by Licensee pursuant to Article 3 of the Agreement is consistent with the value of the rights comprising the License Privilege; the consideration is not consistent with the higher market value for a greater right, privilege or interest (such as a lease) in the Property or similarly situated parcels. • Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property. • The Agreement and/or any prior and/or future acts or omissions of Licensor shall not create (or be construed as creating) a leasehold, tenancy or any other interest in the Property. • Licensor may terminate the License and revoke the License Privilege at any time, subject, if applicable, to a notice period agreed upon by the parties, as more particularly set forth in the Agreement. • In consideration of Licensor's grant of the License, Licensee specifically and expressly waives, releases and relinquishes any and all right(s) to assert any claim of right, privilege or interest in the Property other than the License. • Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into the Agreement. -3- Initial Licensor/Licensee Rev8 2016-05-11 GS-JC City Council 18 — 5 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 1. Use: Licensee will use the Property for park and public recreation purposes only. Licensor makes no representation, covenant, warranty or promise that the Property, and any fixtures thereon, are fit or suitable for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee's use of the property for any other purpose and/or failure to utilize the Property in accordance with this License as determined by the Licensor in its sole discretion will be deemed a material default and grounds for immediate termination of this Agreement in accordance with Articles 28 and/or 30. 2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of May, 2023 and ending on the last day of April, 2028. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason. 3. Consideration: Licensee will pay to Licensor the sum of One Thousand Five Hundred Eighty Six and 36/100 Dollars ($1,586.36) upon the execution and delivery of this Agreement for the full term of this Agreement. Payment to Licensor must be in the form of a check or money order payable to Southern California Edison Company. No cash payments will be accepted by Licensor. All accounts not paid by the agreed upon due date may be subject to a late fee of up to 20% of the amount that was due on the date. Initial payment will be paid to the Southern California Edison Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department - Accounts Receivable. insurance: 4. Insurance: During the term of this Agreement, Licensee shall maintain the following (a) Workers' Compensation with statutory limits, under the laws of the State of California and Employer's Liability with limits of not less than $1,000,000.00 each accident, disease/each employee, and disease/policy limit. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) Commercial General Liability Insurance, including contractual liability and products liability, with limits not less than $2,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee's negligent acts or omissions; (ii) be primary for all purposes and (iii) contain separation of insureds or cross -liability clause, and (iv) require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (c) Commercial Automobile Liability insurance with a combined single limit of $2,000,000.00. Such insurance shall cover the use of owned, non -owned and hired vehicles on the Property. The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement and grounds for immediate termination pursuant to Articles 28 and/or 30. Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Article 38 Initial Licensor/Licensee Rev8 2016-05-11 GS-JC City Council 18 — 6 3/21 /2023 SCE Doc. 319004 Att. Contract No. 9.5074 "Notices", at least ten days prior to the effective date of this Agreement, and thereafter at least ten days prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days notice before any such insurance will be canceled, allowed to expire, or materially reduced. However, in the event insurance is canceled for the non-payment of a premium, Licensee must provide to Licensor at least ten (10) days' prior written notice before the effective date of cancellation. The required insurance policies shall be maintained with insurers reasonably satisfactory to Licensor, and shall be primary and non-contributory with any insurance or self-insurance maintained by Licensor. 5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter the Property, at all times, for any purpose, and the right to conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property, structures, and/or crops located on the Property, nor shall Licensee be entitled to any compensation for any loss of use of the Property or a portion thereof, and/or any related damages, as a result of Licensor's activities under this Article. 6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, identifying all existing and proposed improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee's conceptual plans for proposed improvements shall be developed in accordance with the guidelines contained in the Appendix to this License. It is understood and agreed that the general guidelines contained in the Appendix are intended to provide a framework for the development of conceptual plans only; and that Licensor may modify or add to the conditions contained in the Appendix hereto, based on individual site characteristics, Licensor's existing or potential operating needs or Licensee's proposed use(s). Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and/or rescinded by Licensor for any reason whatsoever. To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for purposes of determining whether said improvements are compatible with Licensor's use of the Property. Under no circumstances shall such review and/or approval be construed as a warranty, representation, or promise that the Property is fit for the proposed improvements, or that said improvements comply with any applicable city, state, or county building requirements, other legal requirements, or the generally accepted standard of care. At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee's risk and expense and without compensation from Licensor. Licensor is not required, at any time, to make any repairs, improvements, alterations, changes or additions of any nature whatsoever to the Propertyand/or any fixtures thereon. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor's right to terminate in accordance with Articles 28, and/or 30. 7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee's personal property on the Property consistent with the use identified in Article 1 and other terms of this Agreement. Such permission granted by Licensor shall be revoked upon the earlier of the termination or expiration of this Agreement. All equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein. Licensee shall be responsible for any damage to the Property and/or Licensor's personal property arising out of Licensee's activities on the Property, including its use and/or removal of Licensee's personal property. Licensee further acknowledges and agrees that Licensor is not responsible for Licensee's -5- Initial Licensor/Licensee Rev8 2016-05-11 GS-JC City Council 18 — 7 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 personal property during the effectiveness of this Agreement, or upon termination or expiration. Licensor further assumes no duty or obligation to maintain or secure Licensee's personal property at any time. (ii) Unless as specifically provided for in an Addendum to this Agreement, Licensee shall not store on the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned by a non-party to this Agreement. Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and employees, and its successors and assigns, from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from the storage of, damage to, and/or loss of use of such non- party's personal property. 8. Height Limitations and Vertical Clearances: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain minimum clearances from all overhead electrical conductors as designated in the table below: Vehicle/ Equipment Vertical Clearance 500 kV 35 feet 220 kV - 66kV 30 feet <66kV Distribution facilities 25 feet Telecom 18 feet All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove, at Licensee's expense, any tree and/or other planting. 9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensor's equipment, personnel, and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three -axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances: a. A 50-foot-radius around suspension tower legs, H-Frames and poles and 100-foot radius around dead-end tower legs, H-Frames and poles. b. A 25-foot-radius around all other poles. NOTE: Additional clearance may be required by Licensor for structures. 10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in a writing executed by Licensor. -6- Initial Licensor/Licensee Rev8 2016-05-11 GS-JC City Council 18 — 8 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 11. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor. 12. Flammables, Waste and Nuisances: Unless permitted by Licensor in writing, Licensee will not, or allow others, to place, use, or store any flammable or combustible materials or waste materials on the Property or commit any waste or damage to the Property or allow any to be done. Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused by any trespasser, dust, odor, flammable or waste materials, noise or other nuisance disturbances. Licensee will not permit dogs on the Property. 13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard, and all materials contaminated by such substances, including but not limited to, containers, clothing and equipment, in the manner prescribed by law. 14. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from all claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee. 15. Signs: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three (3) days from the date on which the Licensee learns of the graffiti remove any signs containing graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to Licensor. Notwithstanding any other language in this Article, Licensee shall not advertise on any sign any product, service, or good which is (i) not directly related to Licensee's use of the Property, (ii) offensive to the public, or (iii) which Licensor, in its reasonable discretion, deems objectionable. 16. Fencing and Existing Fixtures: Licensor disclaims any and all express or implied warranties for any fencing and/or other fixtures affixed to the Property, and further disclaims any liability arising from any disrepair of the same. Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, in locations specified by Licensor, a minimum of twenty (20) feet in width, and designed to accommodate separate Licensor and Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property, including any grounding of the same as deemed necessary by Licensor, in a manner acceptable to Licensor. Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted to Licensor. 17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the Property and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor. 18. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property -7- Initial Licensor/Licensee Rev8 2016-05-11 GS-JC City Council 18 — 9 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense. 19. Underground and Above -Ground Tanks: Licensee will not install underground or above- ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval. 20. Underground Facilities: Any underground facilities must be approved by Licensor pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies and/or procedures of Dig Alert, prior to any underground installation. Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three -axle vehicle. Licensee will compact any earth excavated to a compaction of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities. 21. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property. 22. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above -mentioned taxes, assessments or liens when due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within thirty (30) days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up to the maximum rate allowed by law. 23. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement. All matters or things required by Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation by Licensor to make payment or incur cost or expense for any such matters or things. 24. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party. 25. Compliance with Law: Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or resulting from any violation of this provision. 26. Governing Law: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California. In Initial Licensor/Licensee Rev8 2016-05-11 GS-JC City Council 18 - 10 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 27. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee. 28. Termination: Licensor or Licensee may terminate this Agreement, at any time, for any reason, upon thirty (30) days notice in writing. Additionally, Licensor may immediately terminate this Agreement pursuant to Article 30. Termination does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Upon termination, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee's failure to perform its obligations under this Agreement. Licensee's continued presence after termination shall be deemed a trespass. In the event of a termination for any reason other than non-payment of the License fee, Licensor shall refund any previously collected/pre-paid License fees covering the unused portion of the remaining term, to the extent such fees exceed any offset claimed by Licensor under the Agreement 29. Events of Default: In addition to material defaults otherwise described herein, the occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee: (a) Any failure by Licensee to pay the consideration due under Article 3, or to make any other payment required to be made by Licensee when due. (b) The abandonment or vacating of the Property by Licensee. (c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 24. (d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency for Licensee's activities under this Agreement. (d) Any attempt to exclude Licensor from the licensed premises. (fl The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days. (g) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause P of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof. (h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the Property. M Initial Licensor/Licensee Rev8 2016-05-11 GS-JC City Council 18 —11 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 (i) With respect to items not otherwise listed in Article 29.a-h, the failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee. Licensor shall provide written notice of such failure and Licensee shall be considered in material default where such failure continues for a total of ten (10) or more consecutive days from the date of the notice. Further, with respect to items not otherwise listed in Article 29.a-h, Licensee shall be considered in material default should Licensee fail to observe or perform any other provision of this Agreement for more than fifteen (15) days during the entire Term of the Agreement in the aggregate, after Licensor provides an initial written notice of such failure. After providing initial notice under this provision, Licensor will not be required to provide any subsequent notice of breach of this Agreement. 30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any material default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee hereunder by giving written notice of such immediate termination to Licensee. 31. Licensee's Personal Property Upon Termination or Expiration: In the event that this Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee's sole cost and expense and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition it was in prior to the Licensee's use of the Property, in a manner satisfactory to Licensor. If Licensee fails or refuses to remove any of Licensee's personal property, building(s), fixture(s) or structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief (including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible for the value of Licensee's personal property. Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by Licensor related to (i) the removal, disposal or sale of Licensee's personal property, building(s), fixture(s) or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies and environmental remediation and/or cleanup attributable to Licensee's use of the Property, and (iv) the restoration of the Property to the condition it was in prior to Licensor's initial use of the Property. Licensee agrees to pay such expenses to Licensor upon demand. 32. Limitation of Liability: IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3, WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE AGREES TO LIMIT LICENSOR'S LIABILITY PURSUANT TO THIS AGREEMENT. AS SUCH, IF LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR'S NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE'S PERSONAL PROPERTY, BUILDING(S), STRUCTURED OR FIXTURES) AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT, THE TOTAL LIABILITY OF LICENSOR SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT. -10- Initial Licensor/Licensee Rev8 2016-05-11 GS-JC City Council 18 — 12 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR INJURY OR DAMAGE TO LICENSEE'S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO THIS AGREEMENT. 33. Non -Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest and Licensee will not claim that it has or ever had an irrevocable license in the Property. 34. Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally or by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. Licensor's acceptance of payment after providing notice of termination to Licensee shall not constitute a waiver of Licensor's termination of the Agreement. 35. Authority: This Agreement is executed subject to General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this reference. As set forth in General Order 69-C, this License is made conditional upon the right of the Licensor either on order of the Public Utilities Commission or on Grantor's own motion to resume the use of that property (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor's service to its patrons or consumers, it shall appear necessary or desirable to do so. Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should not be construed as a subordination of Licensor's rights, title and interest in and to its fee ownership, nor should this Agreement be construed as a waiver of any of the provisions contained in said License or a waiver of any costs of relocation of affected Licensor facilities. 36. Electric and Magnetic Fields ("EMF"): There are numerous sources of power frequency electric and magnetic field ("EMF"), including household or building wiring, electrical appliances and electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long-term exposures to EMF and certain diseases is based on this scientific research and public concerns. While some 40 years of research have not established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about diseases have been successfully resolved due to an aggressive international research program. However, potentially important public health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected. Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor electric facilities, Licensor wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, Licensor has attached to this document a brochure that explains some basic facts about EMF and that describes Licensor policy on -11- Initial Licensor/Licensee Rev8 2016-05-11 GS-JC City Council 18 — 13 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 EMF. Licensor also encourages Licensee to obtain other information as needed to assist in understanding the EMF regarding the planned use of this property. 37. Induced Voltages: Licensee hereby acknowledges that any structures (including, but not limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein, (hereinafter, the "Structures") in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and/or substation facilities may be susceptible to induced voltages, static voltages and/or related electric fault conditions (hereinafter collectively referred to as "Induced Voltages") unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not limited to, electric shocks or other injuries to individuals contacting the Structures or other utilities connected to the Structures (including, but not limited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment in or around the Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense. Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective officers and employees against all claims, loss, damage, actions, causes of action, expenses and/or liability arising from or growing out of loss or damage to property, including Licensor's own personal property, or injury to or death of persons, including employees of Licensor caused by or resulting from or connected to Induced Voltages on or related to the Structures. 38. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mail, first class, postage prepaid, addressed as follows: To Licensor: Southern California Edison Company Vegetation & Land Management Land Management - Metro Region 2 Innovation Way Pomona, CA 91768 To Licensee: City Of Santa Ana Public Works Agency P.O. Box 1988 M-23 Santa Ana, CA 91702 Business Telephone No. (714) 571-4200 Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify the other party in writing of any address change. 39. Recording: Licensee will not record this Agreement. 40. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the parties. This Agreement may not be modified, amended, contradicted, supplemented or altered in any -12- Initial Licensor/Licensee Rev8 2016-05-11 GS-JC City Council 18 — 14 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 way by any previous written or oral agreements or any subsequent oral agreements or unsigned written agreements. This Agreement may be modified or amended only by way of a writing executed by both parties. 41. Signature Authority: Each of the persons executing this Agreement warrants and represents that he or she has the full and complete authority to enter into this Agreement on behalf of the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms contained herein. 42. Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement. (THIS SPACE LEFT BLANK INTENTIONALLY) -13- Initial Licensor/Licensee Rev8 2016-05-11 GS-JC City Council 18 — 15 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate. LICENSOR: SOUTHERN CALIFORNIA EDISON COMPANY M CAROLINA BEDOLLA Real Estate Specialist Land Management - Metro Region Vegetation & Land Managment Date CITY OF SANTA ANA PUBLIC WORKS AGENCY Approved as to Form By Jose Montoya Assistant City Attorney KRISTINE RIDGE, City Manager Date M , Clerk of the Council Date By NABIL SABA, Executive Director Public Works Date -14- Initial Licensor/Licensee Rev8 2016-05-11 GS-JC City Council 18 — 16 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 APPENDIX Guidelines for Standard Licensee Improvements The following criteria are provided to aid in developing a conceptual plot plan to be submitted to Southern California Edison Company herein after referred to as "Licensor" for consideration and approval prior to the start of anti construction on "Licensor" property. Plans should be developed indicating the size and location of all planned improvements. The plan should specify the dimensions of all planned improvements and the distance of all planned improvements from property lines and all adjacent "Licensor" towers, poles, guy wires or other "Licensor" facilities. The plan must show the locations of all "Licensor" towers and poles, 16-foot wide access roads, main water lines and water shut-off valves, electrical service lines and parking areas. All plans must indicate adjacent streets and include a "north arrow" and the Licensee's name. SHADE STRUCTURES (Definition: A non-flammable frame covered on the top with a material designed to provide shade to aid in growing plants) 1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations, should be placed perpendicular to Licensor's overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of: a. 100 feet in length b. 50 feet in width c. 15 feet in height 2. Shade structures will not be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles 3. Shade structures must utilize the following design: a. Temporary/slip joint construction only b. Non-flammable frame only c. Adequately grounded by a licensed electrical engineer d. Shade covering must be non-flammable and manufactured with non -hydrocarbon materials. - 1 - 2014.12.01V11-GS-JC Initial Licensor/Licensee City Council 18 — 17 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 SHADEHOUSES/HOTHOUSES (Definition: A simple, non flammable, enclosed structure designed to control temperature without the benefit of heating and/or air conditioning units to aid in propagating and/or growing plants) 1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between shadehouse/hothouse locations, should be placed in perpendicular to Licensor's overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of: a. 100 feet in length b. 50 feet in width c. 15 feet in height 2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles 3. Shadehouses/hothouses must utilize the following design: a. Temporary/slip joint construction only b. Non-flammable frame only c. Adequately grounded by a licensed electrical engineer d. Covering must be non-flammable and manufactured with non -hydrocarbon materials GREENHOUSES (Definition: An enclosed structure designed to control temperature and/or humidity by the use of heating and/or air conditioning units to aid in propagating and/or growing plants) Greenhouses will be considered on a case -by -case basis. IRRIGATION SYSTEMS / WELLS 1. Maximum diameter of pipe: 3 inches 2. All pipe must be plastic Schedule 40 or better 3. No irrigation system will be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50 -foot radius around suspension tower legs, H-Frames and poles -2- 2014.12.01 V11-GS-JC Initial Licensor/Licensee City Council 18 — 18 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 c. 100-foot radius around dead-end tower legs, H-Frames and poles 4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way 5. Suitable identification markers will be required on main controllers and valves 6. Locations of main shut off valve will be provided and shown on a plot plan 7. Underground facilities must have a minimum cover of three feet 8. Earth disturbed must be compacted to ninety percent (90%) LANDSCAPING 1. No trees will be permitted under the overhead electrical conductors or within 20 feet of the "drip line" of the conductors 2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum height of only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet 3. Placement of large rocks (boulders) must be approved in writing by Licensor 4. Any mounds or change of grade must be approved in writing by Licensor 5. No cactus or thorny shrubs will be permitted 6. Retaining walls, planters, etc. may be considered on a case by case basis and must be approved in writing by Licensor TRAILERS (Definition: Removable / portable office modules are not permitted without Licensor's prior permission. Trailers must meet the following criteria to be considered: Trailers must meet the following criteria: a. Must have axles and wheel and be able to be moved b. Maximum length: 40 feet c. Maximum height: 15 feet d. Maximum width: 12 feet 2. No trailers will be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles e. Under or within 10 feet of the conductor "drip lines" -3- 2014.12.01 V11-GS-JC Initial Licensor/Licensee City Council 18 — 19 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 3. Sewer or gas lines to trailers must be approved in writing by Licensor 4. Location of all electrical and telephone lines must be approved in writing by Licensor 5. Electrical lines must be installed by a licensed -general contractor. 6. Trailers shall not be used for residential purposes 7. Toxic or flammable materials will not be permitted in trailers 8. Adequately grounded by a licensed -general contractor PARKING AREAS Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the "drip lines" without Licensor's prior written approval. Parking spaces to be identified under the approved site plan. "No Parking" striping may be required in areas where additional clearance is required. MATERIAL STORAGE 1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor to provide Licensor clear access to its facilities. 2. Licensee must provide Licensor with a list of material stored on the right of way 3. No toxic or flammable materials will be permitted 4. No materials shall be stored within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50 - foot radius around suspension tower legs, H-Frames and poles c. 100 - foot radius around dead-end tower legs, H-Frames and poles d. 25 feet from anchors/guy wires, poles and wood poles 5. Storage of materials not to exceed a maximum height of 15 feet 6. No storage of gasoline, diesel or any other type of fuel will be permitted 7. Any fencing around the storage areas must have Licensor's prior written approval. -4- 2014.12.01 V11-GS-JC Initial Licensor/Licensee City Council 18 — 20 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 ADDENDUM PARKING A. Vehicles parked on the Property are limited to those owned by Licensee and its employees, invitees, customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicles on the property. B. Licensor only allows overflow parking. No portion of the Property will be used to satisfy the minimum parking requirements of any government agency. C. Licensee must obtain prior written approval from Licensor for any vehicle parking improvements and/or subsequent modification. Licensee will maintain parking improvements at all times in a safe condition satisfactory to Licensor. D. At any time, Licensor may require removal, modification, or relocation of any portion of the parking improvements. At Licensee's sole expense, Licensee will remove, modify, or relocate same to a location satisfactory to Licensor, within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor. E. Parking will be permitted in designated areas only. Unless prior written approval is received from Licensor, no parking will be permitted under or within ten (10) feet of the "drip line" of Licensor's overhead electrical conductors. F. All parking spaces and parking improvements are to be identified on a site plan and submitted to Licensor to obtain prior written approval from Licensor. G. Bollards, K-rails, or "No Parking" striping may be required to protect Licensor's structures or in areas where additional clearance is required. H. The Licensee's parking area shall not interfere with the Licensor's minimum access road requirements. -5- 2014.12.01 V11-GS-JC Initial Licensor/Licensee City Council 18 — 21 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 ADDENDUM PARK USE A. Licensee must obtain the prior written approval from Licensor for the installation of any improvements, including any subsequent modifications. Licensee will maintain all improvements in a safe condition satisfactory to Licensor. B. At any time, Licensor may require the removal, modification, or relocation of any portion of the improvements. Licensee will remove, modify, or relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor. C. Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, that identify all existing and proposed improvements. D. At Licensee's expense, Licensee will post signs at all access points to the Property that read: "No Kite Flying, Model Airplanes, unmanned aerial vehicles (UAV's or Drones), or Metallic Balloons Permitted, High Voltage Wires Overhead." E. At Licensee's expense, Licensee will post signs at all access points of the Property that read: "No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted." F. At Licensee's expense, Licensee will post signs at all access points of the Property that read: "Dogs are required to be on leash at all times." G. Licensee must close the park at any time Licensor deems it necessary for the safety of the general public or for maintenance of Licensor's facilities. If it is necessary to close the park for a period of more than three days, Licensee will notify the general public of the closure by posting at all access points to the property. H. At Licensee's expense, Licensee will install removable post -type barriers designed to accommodate Licensor's locks, to prevent unauthorized vehicular use or parking, including but not limited to, motorcycles, off -road vehicles, and "all -terrain" vehicles. I. Trespass discouragers shall be installed on Licensor's towers. The discourager installation will be performed by Licensor. Licensee shall pay Licensor in advance, for all Licensor's direct and indirect costs associated with the engineering, purchase, and installation of the discouragers. All towers shall be equipped with signs so worded as to warn the public of the danger of climbing the towers. Such signs shall be placed and arranged so that they may be read from the four corners of the structure. Such signs shall be neither less than 8 feet nor more than 20 feet above the ground except where the lowest horizontal member of the tower or structure is more than 20 feet above the ground in which case the sign shall be not more than 30 feet above the ground. J. Licensee must design and construct all walkways, underground sprinkler systems, lighting facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three -axle vehicle. -6- 2014.12.01 V11-GS-JC Initial Licensor/Licensee City Council 18 — 22 3/21/2023 SCE Doc. 319004 Att. Contract No. 9.5074 ADDENDUM TREES/ LANDSCAPING A. Existing landscaping improvements (trees, plants, and shrubs) have been inspected and approved by Licensor. This written approval may be modified and/or rescinded by Licensor for any reason whatsoever. B. At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee's risk and expense and without any compensation from Licensor. C. Licensee agrees and accepts full responsibility for the maintenance and/or removal of all trees, plants, and shrubs (vegetation) located on the property. All costs associated with the maintenance and/or removal of trees/vegetation will be the sole burden of Licensee. D. Periodically, the Property will be inspected by Licensor, and upon determination that any tree/vegetation requires trimming or removal, Licensee will be notified by Licensor. Failure by Licensee to trim or remove said tree/vegetation in the time allotted, that results in Licensor's contractor performing the work, Licensee will be billed by Licensor for the contractor's expense; and Licensee may be subject to termination under the terms and conditions of the Permit or License. E. Trees/vegetation must be slow growing and maintained by Licensee to not exceed fifteen (15) feet in height. F. Failure by Licensee to maintain all permit or license clearance requirements will require removal at Licensee's expense. G. Unless authorized in writing by Licensor, Licensee agrees not to plant any additional trees, plants, or shrubs within the Property. If additional authorization is requested by Licensee and prior written authorization is received by Licensor, no tree or plant species that is protected by federal or state law shall be planted within Licensor's land and no cactus or thorny shrubs/plants will be permitted. H. Any improvements or alterations, including retaining walls, planters, placement of large rocks, etc. and any mounds or changes of grade, require prior written approval by Licensor. I. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor. J. Upon permit or license termination, Licensee agrees to remove all trees/vegetation and improvements and restore the Property to a condition satisfactory to Licensor, at the sole expense of Licensee. -7- 2014.12.01 V11-GS-JC Initial Licensor/Licensee City Council 18 — 23 3/21/2023 EXHIBIT 2 H w w x Rl�E- a O - PP g.R P.E. o 0 TSP as ---- 07 � 410�223 Epp, ApN: PP ALTON AVENUE P.M.B. 28/41 POR. PARCEL 1 120' LEGEND NOTE PROPERTY OF SOUTHERN CALIFORNIA EDISON COMPANY THE FOLLOWING CLEARANCES MUST BE MAINTAINED AT ALL TIMES; PROPERTY BEING LICENSED TO CITY OF SANTA ANA DEPARTMENT OF PARKS AND a) A 50—FOOT RADIUS AROUND RECREATION FOR PARKS AND PUBLIC SUSPENSION TOWER LEGS, RECREATION PURPOSES ONLY H—FRAMES & 100—FOOT RADIUS AROUND DEAD—END TOWER LEGS. 0 40 80 160 ❑� TSP APPROXIMATE STEEL POLE LOCATION b) A 25—FOOT RADIUS AROUND ALL SCALE IN FEET • PP APPROXIMATE WOOD POLE LOCATION OTHER POLES. EXHIBIT "A" ------- ACCESS ROAD FACILITY NAME: ELLIS JOHANNA 220 KV LICENSED AREA (GROSS) SQ.FT.: 9,069 AC.: 0.21 LICENSEE: CITY OF SANTA ANA DEPARTMENT OF PARKS AND RECREATION CONTRACT NO.: 9.5074 ACCOUNT NO.: N/A CITY: SANTA ANA COUNTY: ORANGE STATE: CA T.G.: 859/D2 M.S.: 042-092 APN.(S): 410-223-07 SCE DOCUMENT NO.: 319004/001 SCE SANDERS MAP: 515295; 5151296 SCE LAND BOOK: N/A REF: 2018/9.5074 a�FHERN CALIFORNIA D J S(DN® R.P. LAND AGENT: ORDER NO.: 801 1 C*� QO it NO.: 202714250 DATE: 1 1 /1 4/202 FiLE24AME: 9.5074.DWG 3 ,SO'INATIONAL®Compmy 11/14/2022 7:04 AM, P:\YEAR_2O22\2022-001 L&L & SURVEY PROJECTS - SCE\9.5074\MAPPING\9.5O74.DWG Police Department www.santa-ana.org/pol ice Item # 19 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Second Amendment to Agreement with Axon Enterprise, Inc. for Records Management System AGENDA TITLE Approve Second Amendment to Master Service and Purchasing Agreement with Axon Enterprise, Inc., in the amount of $451,000, for a Records Management System for the Police Department (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the Second Amendment to the Agreement with Axon Enterprise, Inc. to provide a Records Management System to the Police Department in an additional amount not to exceed $451,000 for a total aggregate amount not to exceed $6,015,017, for the period of March 21, 2023 through June 30, 2027, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 5, 2018, the Santa Ana Police Department contracted with CentralSquare Technologies (formerly TriTech Software Systems) for a Records Management System (RMS). The cost of that system to date has been approximately $571,000, with milestone payments yet to be made prior to the end of the contract, which is set to expire on November 21, 2023. In 2017, the Department entered into a five-year agreement with Axon Enterprise, Inc. (Axon) for Body Worn Cameras (BWCs), and in 2022, the Department entered into a new five-year agreement for a second iteration of BWCs and supporting technology. On February 7, 2023, the City Council authorized the first amendment to the agreement with Axon for an interview camera recording system. The new Axon Interview Room technology will be supported by a software that currently supports the BWC Program. Transitioning to Axon's RMS will provide accessibility to all Axon programs used by the Department under a single digital ecosystem accessible to all current Axon users. City Council 19 — 1 3/21/2023 Second Amendment to Agreement with Axon Enterprise, Inc. for Records Management System March 21, 2023 Page 2 The current agreement with Axon includes the following products within the Axon ecosystem: Tasers, Body Worn Cameras (BWC), Virtual Reality Training, Dictation Assistant, Axon Signal Sidearm, Axon Interview, and unlimited cloud storage on Evidence.com. Having an RMS that can bring these products together would make Axon an ideal selection to replace the current RMS. Axon RMS would be accessed via Evidence.com, which is the Department's current digital evidence system that contains all Taser activity, BWC footage, and Axon Interview (Axon Interview will go live mid- 2023). Purchasing Axon RMS offers standardization and system familiarity. The overall cost of a new Axon RMS is $451,000 and includes the licenses for the period of October 1, 2024 through June 30, 2027. The anticipated go -live date is October 1, 2024. Axon's RMS would broaden the digital ecosystem that promotes a unique ability that is not currently in place with CentralSquare. The amendment with Axon would begin in phases starting mid-2023, each of which will be signed off prior to proceeding to the next phase. The transition will occur in the three phases of Design, Build, and Validate, prior to going live. Axon, as with current elements in use by the Department, will continually provide software updates at no additional cost. Axon will also provide training to the end -user, as well as training to Department personnel to provide training as trainers (Train -the Trainer method). Axon will implement a structured methodology for converting data from the Department's current system to the new product. Benefits to the community include the following: • Overtime cost savings with Dictation Assistant • Immediate sharing capabilities • Streamlining of court and evidence process Program Costs for Axon Records Management System Early Signing Costs before March 31, 2023 Delayed Signing Costs after March 31, 2023 Axon RMS $451,000 Axon RMS $ 902,000 25 Standard Licenses $0 25 Standard Licenses $ 191800 125 Records Licenses $0 125 Records Licenses $ 119,625 Program TOTAL $451,000 Program TOTAL $1,041,425 *Total program savings with early 2023 signing: $590,425 FISCAL IMPACT The one-time payment in the amount of $451,000 is not due until approximately October 2024, when the system is anticipated to go live. The Police Department intends to utilize a portion of the annual allocation of the Supplemental Law Enforcement Services Account (SLESA) program monies received during FY 2023-24 for this amendment. City Council 19 — 2 3/21/2023 Second Amendment to Agreement with Axon Enterprise, Inc. for Records Management System March 21, 2023 Page 3 Funding will be included in the proposed budget for FY 2024-25 for City Council consideration. Fiscal Accounting Unit Accounting Unit — Year — Account No. Fund Description Account No. Amount Description Supplemental SLESA, Computer FY 24-25 12814407-66511 Law Enforcement Software $451,000 Services Fund Subscriptions EXHIBIT 1. Second Amendment to Agreement with Axon Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 19 — 3 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 SECOND AMENDMENT TO MASTER SERVICE AND PURCHASING AGREEMENT FOR RECORDS MANAGEMENT SOFTWARE THIS SECOND AMENDMENT to the above -referenced agreement is entered into on March 21, 2023, by and between Axon Enterprise, 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. The parties entered into Agreement #A-2022-106, dated July 1, 2022 ("Agreement"), by which Consultant agreed to provide software licenses, maintenance, and equipment in support of the Body Worn Camera program at the Santa Ana Police Department ("Department"). The term of the Agreement runs through June 30, 2027, and is still in effect. B. On February 7, 2023, the Agreement was amended ("First Amendment"), to include the purchase of additional equipment, software, and maintenance to upgrade all of the Department's interview rooms for an additional $376,379. C. The parties now wish to amend the Master Services Agreement to expand the Scope of Services and increase the overall compensation for years 2-5 of the Agreement to allow the City to purchase Axon Records and Standards software, as needed by the Department and detailed in the attached Exhibit A-1 to this Amendment. The Parties therefore agree: 1. Preamble, shall be amended to include Axon Quote No. Q-406761-44978.804CN, attached hereto as Exhibit A-1, to memorialize the costs for the City to purchase records management software, records license and standards licenses, standards implementation service, and a professional services milestone payment for records. 2. Section 3, Payment, shall be amended to increase and reflect the additional costs and payment schedule detailed in Exhibit A-1. The total sum to be expended for the payment of the additional services detailed in Exhibit A-1 shall not exceed $451,000 for a total aggregate amount not to exceed $6,015,017. 3. Except as modified by this Amendment, all terms and conditions of the Agreement shall remain in full force and effect. Page 1 of 2 City Council 19 — 4 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on the date and year first written above. ATTEST JENNIFER L. HALL Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: IWJL--� TAMARA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL DAVID VALENTIN Chief of Police CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT DocuSigned by: 55DAEBB131A4424... By: Robert E. Driscoll, Jr. Title: VP, Assoc. General counsel Page 2 of 2 City Council 19 — 5 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 Exhibit A-1 to Second Amendment Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 SHIP TO Delivery; Invoice; Other-60 Civic Center Piz M-88 60 CIVIC CENTER PLZ SANTA ANA, CA 92701-4060 USA Quote Summary Program Length TOTAL COST ESTIMATED TOTAL WI TAX Payment Summary Date Oct 2024 Total BILL TO Santa Ana Police Dept - CA 20 Civic Center Piz Santa Ana, CA 92701-4058 USA Email: 33 Months $451,000.00 $451,000.00 so SALES REPRESENTATIVE Will Alexander Phone: Email: walexander@axon.com Fax: Discount Summary Average Savings Per Year TOTAL SAVINGS Subtotal $451,000.00 $451,000.00 Q-406761-44978.804 C N Quote Expiration: 03/31/2023 Account Number: 105857 Payment Terms: N30 Delivery Method: PRIMARY CONTACT Sergio Enriquez Phone: (714) 245-8020 Email: senriquez@santa-ana.org Fax: (714) 245-8606 ($101,845.45) ($280,075.00) Tax Total $0.00 $451,000.00 $0.00 $451,000.00 Pafoily Council 19 — 6 Q-4067812442DOWN DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 Quote Unbundled Price: Quote List Price: Quote Subtotal: Pricing All de►►verad►es are detailed in ue►►very Scnedu►es section ►ower in proposal $170,925.00 $170,925.00 $451,000.00 Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Software 73893 STANDARDS LICENSE, NON -SWORN 30 33 $20.00 $0.00 $0.00 $0.00 $0.00 73891 RECORDS LICENSE, NON -SWORN 125 33 $29.00 $0.00 $0.00 $0.00 $0.00 A la Carte Services 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: 1 33 $500.00 $13,212.12 $436,000.00 $0.00 $436,000.00 RECORDS 73896 STANDARDS IMPLEMENTATION SERVICE 1 $15,000.00 $15,000.00 $15,000.00 $0.00 $15,000.00 Total $451,000.00 $0.00 $451,000.00 Paoii t Council 19 — 7 Q-4067812$02MCN DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 Delivery Schedule Software Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 73891 RECORDS LICENSE, NON -SWORN 125 10/01/2024 06/30/2027 A la Carte 73893 STANDARDS LICENSE, NON -SWORN 30 10/01/2024 06/30/2027 Services Bundle Item Description QTY A la Carte 73896 STANDARDS IMPLEMENTATION SERVICE 1 A la Carte 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 Paol$y Council 19 — 8 Q-406*2492DR&N DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 Payment Details Oct 2024 Invoice Plan Item Description ME Oty Subtotal Tax Total Invoice Upon Fulfillment 73891 RECORDS LICENSE, NON -SWORN 125 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 73893 STANDARDS LICENSE, NON -SWORN 30 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 73896 STANDARDS IMPLEMENTATION SERVICE 1 $15,000.00 $0.00 $15,000.00 Invoice Upon Fulfillment 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $436,000.00 $0.00 $436,000.00 Total j $451,000.00 $0.00 $451,000.00 Paoi4y Council 19 — 9 Q-406*2402DR&N DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Master Services and Purchasing Agreement: ACEIP Axon Enterprise Inc. Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de -identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Pafsity Council 19 — 10 Q-406731241KI030 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 Signature 2/21 /2023 Date Signed Pafsity Council 19 —11 Q-4067812442DOWN STATEMENT OF WORK FOR THE IMPLEMENTATION OF AXON RECORDS AND STANDARDS FOR SANTA ANA POLICE DEPARTMENT ("SOW") Submitted By: Axon Enterprise, Inc. (Axon) 17800 North 85t" Street Scottsdale, AZ 85255 i� 1 . PROJECT OVERVIEW: ................................. 1 1.1 SOFTWARE...............................................................1 AXON RECORDS................................................................1 AXON STANDARDS.............................................................2 1.2 DEFINITIONS..............................................................2 1.3 OUT OF PROJECT SCOPE................................................4 2. PROFESSIONAL SERVICES :........................... 5 2.1 GENERAL...................................................................5 2.2 INTERFACES...............................................................5 2.3 DATA CONVERSION.......................................................7 2.4 REPORTING AND DATASTORE..........................................9 2.5 READINESS.................................................................9 2.6 TRAINING..................................................................1 0 2.7 GO -LIVE ....................................................................1 1 3. PROJECT MANAGEMENT: ............................. 1 2 3.1 MANAGEMENT RESOURCES.............................................12 3.2 REQUIREMENTS PLANNING.............................................15 3.3 CHANGE CONTROL........................................................1 5 3.4 PROJECT METHODOLOGY................................................15 3.5 MILESTONE COMPLETION REPORT ("MCR").........................15 4. A G E N C Y C O M M I T M E N T S: ............................ 1 6 5. S U P P O R T:............................................. 1 7 6. T E R M S AND CO N D I T 1 0 N S: ........................... 1 8 A T T A C H M E N T A- M I L E S T O N E C 0 M P L E T 1 0 N R E P O R T ( M C R)........................................... 19 ATTACHM E N T B PR O J ECT CHANGE ORDER .......... 20 ATTACHM ENT C T H I R D -PARTY PRO D U C T S A N D SE R V I C E S ................................................. 21 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La This document serves as an overview of the Axon Records project. Axon Records and Axon Standards are cloud -native software solutions provided as a SaaS subscription. As a SaaS Solution, at such time as new functionality is released into the system, Santa Ana PD will be given the option to utilize the new features, at their discretion, at no additional cost to the agency. 1.1 SOFTWARE The software detailed in this SOW includes, but is not limited to, the listed functionality: ► Employee ► Citations Management AXON ► Master Name Integration (Import) RECORDS Index o Name and ► Master Vehicle Address Index Validation ► Master o Incident Location Index Report ► Master Vehicle Linking Index o Attachments ► Axon ► Crash Reporting Data Store Integration (Import) ► User o Name and Permission Vehicle Management Validation ► Distribution Management o Impound ► Print Auditing Import ► Search o Diagram ► Master Index Import Alerts o Incident ► Audit Trail Report ► California Linking State o Attachments Reporting ► Bookings Module ► Incident o Short-term Reporting holding ► Attachments o Development Partner for PAGE City Council 19 — 14 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La ► Physical municipal Property & jail Evidence Entry functionality ► Sealing o Call For ► Restrictions Service ► Field Module Interviews o Search API ► Digital for Evidence connection Management for use with ► Case agency's Management internal ► Configurable Applets Forms and Fields ► Records Requests ► Expungement ► Redaction ► Supplements ► Warrants ► Use of Force ► Internal Affairs ► Vehicle Pursuit Investigative Case AXON ► Vehicle Management STANDARDS Collision ► Configurable Forms ► Internal and Fields Complaint ► Restrictions ► Citizen ► EIS Complaint ► Attachments 1.2 DEFINITIONS PAGE City Council 19 — 15 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La SYSTEMS Axon Systems Software solutions and agency -specific integrations developed by Axon QIS The Federal Bureau of Investigation's criminal justice information system MDC Mobile data computer - a device associated within a vehicle or other mobile unit NIBRS National Incident -Based Reporting System DataStore The database Axon provides allowing the agency to query data Product The software solution being implemented as part of this SOW Production Environment The operational environment where the product is accessed Training Environment The pre -production environment where all Axon -specific development, configuration, FAT, UAT, and training take place Service Portal An online portal provided by Axon where issues identified are entered and triaged PROJECT & MILESTONES Project Scope of this SOW as defined by the work to be completed described herein Project Change Order (PCO) Change order form outlined in Attachment B to be executed between Axon and the agency if a material change in scope is required for this SOW Milestone Event that constitutes completion of work as listed in Attachment A Milestone Completion Report The report outlined in Attachment A to be executed at key milestones between agency and Axon to approve completion of project phases Requirements Phase Requirements gathering and confirmation occurs during this phase. Confirmed requirements feed the sprint phase, and sprints are designed around what can and cannot be accomplished given time and resource constraints on both Axon and the agency's sides. Data Conversion Plan Part of the overall Project Plan, this phase outlines how the Data Conversion will be executed, from mapping to testing to the full Data Conversion to move the data into Axon Records. Configuration Phase Project phase encompassing iterative development through sprints. Integrations and workflows are developed and deployed during this phase. The agency forms, users, and permissions are also configured during this phase. Sprint A period during the configuration phase of the project (typically 2-3 weeks) where specific pieces of functionality are built, configured, and delivered. Sprint Review Signifies the end of the sprint where Axon showcases what was built, configured, and delivered. These items are then deemed ready for FAT and UAT. Go -Live End -users are activated, and the agency is actively using the product PAGE City Council 19 — 16 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La Third -Party Products and Software, hardware, and services that are not owned by Axon but are being Services provided by Axon for this project as listed in Attachment C ACCEPTANCE Blocker Issue impacting 50% or more users Integration Acceptance Scheduled events for testing of each integration point and associated Testing functionality in collaboration with the agency and the agency's vendors Functional Acceptance Testing Testing the functionality of the system as configured for the agency (FAT) User Acceptance Testing (UAT) Testing the functionality of the system as configured for the agency from an end -user's perspective Hypercare period Thirty (30) day period, following Go-Live/Final Acceptance where the project team ensures the Production system is functioning as designed. Once this hypercare period is over, the agency will be transitioned to Axon's Support staff. 1.3 OUT OF PROJECT SCOPE Axon is only responsible for performing the professional services described within this SOW. Any additional professional services that are not defined explicitly by this SOW shall be done so through a Project Change Order. The following are considered outside the scope of this project: Administration, management, or support of any internal city, county, state, federal, or agency IT network or infrastructure / Third -party products and services costs related to the vendors or agency's side of the integration / Changes made by the agency or the agency's vendors PAGE City Council 19 — 17 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La 2.1 GENERAL The agency will provide a master charge table that Axon will load. Axon will provide the appropriate structure to the agency. 2.2 INTERFACES The agency tasks related to interface setup start immediately after project kick-off. It is critical for the agency interface subject -matter experts (SME) and Axon project interface resources to work closely together to scope, set-up, and test all interfaces. / The agency must provide any relevant technical documentation per interface to Axon. / The agency will facilitate any necessary meetings with all third - party system vendors where integration is required. Axon will provide any relevant Axon API documentation to the agency. / Axon will conduct integration acceptance testing demonstrating the functionality of each integration to the agency. / The agency must notify Axon of any changes to the agency's side of the integration that are beyond Axon's control and may impact the integration. AGENCY INTERFACES 2.2.1 Records I Crossroads I Crash: Axon will import crash reports from Crossroads into Axon Records. 2.2.2 Records I Crossroads I Citation: Axon will import citations from Crossroads into Axon Records. 2.2.3 Records DataTicket I Citation: Axon will import parking citations from DataTicket into Axon Records. 2.2.4 Records Lexis Nexis DORS I Online Reporting: Axon will deploy an interface with LexisNexis' DORS solution where Axon will import citizen -authored reports from DORS into an incident report in Axon Records. These reports will be approved in DORS, and then imported into Axon Records. The report will be assigned to the officer who approved the report in DORS. PAGE City Council 19 — 18 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La 2.2.5 Records I Municipal Jail: Axon will import booking data from the Municipal Jail system into Axon Records. This import will include name and photo data. 2.2.6 Records I Central Square CAD I Call for Service Import: Axon will import Call for Service (CFS) data from Central Square into Axon Records. The process and triggers by which incident reports are created and assigned from Calls for Service will be determined during the deployment of Axon Records. 2.2.7 Records I Central Square CAD I Incident Number Export: Axon will build an interface with the Central Square CAD system where Axon will export Incident Numbers that have been generated from imported Calls for Service that directly generated those reports. 2.2.8 Records I AFIS I Livescan: Axon will import photos from AFIS into the Axon Records master indices. 2.2.9 Records I NCIC/CLETS: Axon will deliver an interface between Axon and the established message switch. The following standard basic queries will be generated by Axon: QDRV (Driver's License), QVEH (Vehicle Registration), QA (Article), QBOT (Boat), QG (Gun). Moreover, the following list of queries will also be supported: CLETS (California Law Enforcement Telecommunications System): Stolen Vehicle/Automated Boat Systems (SVS/ABS), CA Restraining Order & Protective Order System (CARPOS), All California DMV Queries (all encompassing), Wanted Persons (WPS-all encompassing), Supervised Release File (SRF), CA Sex & Arson Registry System (CSAR), Missing & Unidentified Persons System (MUPS), Automated Property System (APS), Automated Firearm System (AFS), Mental Health Firearms Prohibition System, Armed Prohibited Persons System (APPS). NLETS (National Law Enforcement Telecommunications System) Driver History Query (KQ), Driver License Query by Name (DNQ), Driver's License Query (DQ), State Warrant Query (SWQ), Vehicle Registration Query (RQ), Vehicle Registration Query By Name (RNQ) National Crime Information Center (NCIC): National Sex Offender Registry (NSOR), Protection Orders Orange County Systems (OCATS/AWSS): Multiple Name Queries, Automated Jail System (AJS), Automated Warrant Service System (AWSS-Query and abstract, update, etc. -all encompassing), Orange County Probation PAGE City Council 19 — 19 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La 2.2.10 Records I CaIDOJ I CIBRS Interface: Axon will deliver an interface between Axon Records and Cal DOJ for submission of CIBRS reports from Axon Records. 2.2.11 Records I Linx I Data Export: Axon will build an interface with LlnX where Axon will export incident data to the LInX system. The specific datapoints and method of transfer will be determined during the Requirements phase of the project. 2.2.12 Records I LexisNexis Virtual Crime Center I Data Export: Axon will build an interface with LexisNexis' Virtual Crime Center where Axon will export incident data to the Virtual Crime Center system. The specific datapoints and method of transfer will be determined during the Requirements phase of the project. 2.2.13 Records I Auto -Return I Vehicle Impound Interface: Axon will build an interface with Auto -Return that will import vehicle data from the Auto -Return system, to prepopulate the impound form in Axon Records. GO -LIVE CONTINGENCY Before interfaces are complete, the agency may Go -Live. This does not relieve Axon from completing the interfaces, but the agency will be charged upon using the software. 2.3 DATA CONVERSION Axon implements a structured methodology for converting data from the agency's legacy system to the product. The agency is responsible for providing Axon with extracted data in a format that can be used by Axon for import. The preferred method for delivering legacy data to Axon is by using the Microsoft Data Migration Assistant. The next best method is for the agency to send a .bacpac file to Axon. If neither method is available, a direct query through the Microsoft Self Hosted Integration Runtime (SHIRt) can be used. Axon queries the data to identify completeness, missing values, and other measures of data integrity across records and provides the agency with detailed findings. The agency may or may not elect to process the data further to address completeness or may have Axon move forward with the conversion process. Subject to the data conversion plan, Axon can perform an initial conversion to inject the data into the product training and/or production instance(s) prior to Go -Live. A second conversion is PAGE City Council 19 — 20 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La performed before Go -Live for data accumulated in the legacy system between the initial conversion and crossover to Axon. Depending on the final data conversion plan, data may be injected after Go -Live. The data and operational expertise of the agency's staff are necessary for questions that arise. Thus, it is critical that a member of the agency's team be available to support the data conversion portion of the project. This process is considered complete once the last set of data has been converted and available within the product and the agency has confirmed validation of the converted data. Axon does not provide ongoing maintenance of the converted data. DESCRIPTION OF ROLES AND RESPONSIBILITIES BETWEEN THE AGENCY AND AXON: The agency should be prepared to: / Provide a subject -matter expert (SME) and provide availability for consultation throughout the project. / Facilitate meetings with all third -party system vendors where data conversion is necessary, as required by Axon. / Extract and provide the data to Axon in an agreed -upon format. / Address data quality by the agency prior to provisioning to Axon. / Minimize the amount of business logic and file processing prior to conversion where possible. / Provide a data dictionary (data structure, schema, field definition) to define all elements of the legacy data. If a Data Dictionary is not feasible, due to proprietary concerns, the agency will work with Axon resources to map the data appropriately so that contractual obligations are not breached. / Provide an entity relationship diagram of the legacy database, if available. If one cannot be provided due to contractual obligations, the agency will provide as much information to Axon as possible without breaching those contractual obligations. / Collaborate with Axon to map the data from the legacy data structures and formats into the product. Data conversion and data conversion review are critical to project deployment success. Throughout the data conversion, requirements planning, and review process, the agency project team and Axon data conversion project resource work closely together to ensure success. AGENCY DATA CONVERSIONS PAGE City Council 19 — 21 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La 2.3.1 Central Square I Records Data Conversion: Axon will import legacy data, including but not limited to incident data, case management data, and Property & Evidence Data from Santa Ana PD's legacy RMS system. 2.3.2 Blue Team/IA Pro I Standards Data Conversion: Axon will import legacy IA, Use of Force, Collision, Pursuit, and Complaint data from Blue Team/IA Pro into Axon Standards. GO -LIVE CONTINGENCY Before data conversion is complete, the agency may Go -Live. This does not relieve Axon from completing the data conversion, but the agency will be charged upon using the software. 2.4 REPORTING AND DATASTORE Axon will configure and make available to the agency a MS SQL Data Store containing all field and form data from the Axon Suite that allows the agency to utilize available data for reporting and analytical purposes. / Axon will provide the agency with a data dictionary and/or other appropriate documentation. / If Axon provides reports for specific purposes as indicated, it is the responsibility of the agency to maintain them after Go -Live. 2.5 READINESS ► Axon will work in partnership with the agency to determine readiness by conducting functional testing and an end -to -end system review. The Axon program manager and the agency project manager will work closely together to plan and execute readiness scenarios. / Axon will conduct functional acceptance testing via use cases approved by Axon and the agency. / All issues discovered during and after training will be entered into the service portal for triage and follow-up. In recognition of the fact that Santa Ana PD (hereafter, "agency") manages Property and Evidence (hereafter "P&E) as a network of "packages" rather than "items," Axon and the agency PAGE City Council 19 — 22 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La agree to explore ways that Axon Records can serve the agency's needs. It is Axon and the agency's mutual goal to find or develop a solution in Axon Records that can serve the agency well in its management of "packages" as opposed to traditional "items." The mutually agreed upon solution should not only functionally handle the agency's needs, but also solve for the challenge of properly mapping the conversion of data from the agency's legacy solution. If such a solution is not defined and agreed upon within 6 months of the execution of this Statement of Work, Axon will work with the agency to offer a procurement vehicle, through Axon, for the most appropriate third party solution for the agency to manage P&E as "packages" and will interface with the third party solution so that data can flow - from officers who are gathering P&E and entering it into Axon Records - into said third party P&E system for the agency property room, to manage the P&E. Santa Ana Police Department would be responsible for funding the purchase of this third party solution. Axon would merely be acting as a "middle man" for procurement vehicle purposes. 2.6 TRAINING Axon will work in partnership with the agency to design an appropriate Training Plan and schedule to ensure affected agency members are adequately trained and prepared to administer and use Axon Records. The agency will receive a training guide that outlines the topics to be covered, intended audience, facility needs, and duration of the training. FORMAT Axon will provide the agency with all the necessary training materials and digital assets to facilitate any of the training formats listed below. Training sessions will be conducted in an environment containing necessary configurations, forms, and workflows. TRAIN -THE-TRAINER: Axon trains system administrators and/or "super users" in full system functionality that is role agnostic. ► Axon's Train -the -Trainer approach provides the agency with at least one user group that is fully equipped to provide system PAGE 10 City Council 19 — 23 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La expertise to any user and provide agency -led training to other users. Note: It will be the responsibility of the agency to update the training materials to include agency policies and procedures. HYBRID MODEL: Axon trains all agency end users in role -specific system functionality via a hybrid model that can include a combination of on -site instructor -led training, eLearning, and/or remote live instruction facilitated by Axon trainers. ► Axon's hybrid training model allows the agency and Axon to develop a customized and flexible training program that is suitable to the specific needs and concerns of the agency. Note: It will be the responsibility of the agency to deliver any training sessions specific to the agency policies and procedures. SCHEDULE: The training plan will contain an agreed -upon schedule that makes efficient use of time and resources to avoid undue staffing impacts on the agency. Training sessions exclusive to the Functional Acceptance Testing (FAT) will only occur after FAT has been successfully completed and documented. ► Training sessions provided by Axon are conducted on consecutive weekdays (Tuesday -Friday) during normal business hours (8am- 6pm). ► Training sessions required past the agreed -upon schedule in the training plan, regardless of delivery method, will be the responsibility of the agency, unless agreed upon previously by the project team and training team management. 2.7 GO -LIVE Axon will work in partnership with the agency to build, coordinate, and execute a Go -Live plan to ensure successful system acceptance. Axon will coordinate the Go -Live event. PAGE 1 1 City Council 19 — 24 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La 3.1 MANAGEMENT RESOURCES AXON TEAM Executive Sponsor: An Axon executive overseeing the implementation process and communicating progress to Axon Leadership. / Strategic Project Manager: The dedicated point of contact and person responsible for successful deployment. ► Ensures all team members from Axon and the agency are continually updated on the status of the project. ► Speaks on behalf of the agency with respect to the project in: ► Designating appropriate subject -matter experts (SME) to assist the project relative to the task at hand ► Agency hierarchy, user groups, roles, and permissions ► Module subject -matter experts (SME) ► Integration subject -matter experts (SME) per interface, if necessary ► Data conversion review team ► Works internally to eliminate roadblocks as required to keep project on track. ► Signs related project documents and reports as required. ► Organizes scheduling needs related to the project, including: ► System review and testing scheduling ► Training scheduling ► Go -Live scheduling ► All communication cadence scheduling with appropriate agency resources / Solution Architecture Manager: the technical lead on the project. Holds responsibility for the development and execution of technical initiatives affecting other teams. PAGE 2 City Council 19 — 25 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La P Business Analyst - One of the main executors of the agency's and PM's deployment plan. Holds responsibility for ensuring the project accounts for all specific data elements, and that internal systems are set up and maintained throughout deployment. / Strategic Customer Success Manager - Holds responsibility for post -implementation and ongoing support. / Training Specialist - Provides training to the agency on the applications being deployed. AGENCY TEAM Executive Sponsor: This role is a career police department leadership role with deep understanding of the agency. / Acts as primary agency business sponsor responsible for success of the records initiative. / Ensures agency resources support the project through all phases of execution as planned and agreed upon by the agency and Axon. / Communicates with the agency and city leadership as necessary to support the records project. / Provides guidance and leadership as part of the executive steering committee for the project. / Project Manager: This role requires experience managing enterprise cloud -based software project delivery experience and strong foundational technical experience. / Acts as the primary point -of -contact and agency -designated project leader responsible for the success of the Records initiative. / Manages and coordinates all agency resources committed to support the project during each phase of delivery through launch and post -launch adoption of the system. / Integrations Manager: This role requires strong foundational experience in technology solutions and application integration. This role also requires fluency in all agency project -relevant data sources, application integrations, and existing custom -developed applications, queries, and reports. / Coordinates agency/city resources associated with records integration with state and federal information systems and third -party applications. PAGE 3 City Council 19 — 26 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La / Coordinates agency/city resources to support historical data conversion from the existing records system to Axon. / IT Administrator: This role requires strong foundational experience in systems administration and network management, fluency in all agency network -related processes, sequence and timing of recurring process jobs, reconciliation, etc. This role also requires fluency in the overlap, vulnerabilities, and disaster recovery protocols associated with agency IT infrastructure. / Ensures project resources have access to systems and data required to support integration and data conversion activity. Records Supervisor: This role provides strong foundational experience in records management, agency policies, compliance activity, and standard operating procedures. This role also provides fluency in all processes associated with close activity, special processes, and queries to manage bulk actions, as well as a detailed understanding of data elements that support special compliance obligations. / Coordinates and advises the project team on current agency records policies, processes, and operational procedures. / Coordinates resources to confirm and support configuration, and integration testing and acceptance. / Patrol Lead: This role requires strong foundational experience in field policies related to data collection, records initiation, and categorization of the numerous forms of citizen interaction. This role also requires fluency in the policies associated with records creation, supplements, amendments, checkpoints, routing, case management, and determination of records outcomes. / Coordinates and advises the project team on current agency patrol, data capture, and investigative practices. / Coordinates resources to confirm and support configuration, and integration testing and acceptance. / Reporting Analyst/Lead: This role requires strong foundational experience in ad -hoc, daily, weekly, and monthly reporting policies and compliance across local, state, and federal entities. This role also requires fluency in all agency reporting processes, including queries, scripts, and custom applications utilized for all bulk processing to support reporting requirements. / Coordinates and advises the project team on current agency reporting policies, processes, ad -hoc analysis, and monthly state and federal reporting requirements. PAGE City Council 19 — 27 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La / Coordinates resources to confirm and support the Axon Data Store, configuration of standard reports, and production of agency -specific reports to support normal operations. 3.2 REQUIREMENTS PLANNING All project requirements will be documented during the kick-off and discovery phases of the project. Once the agency and Axon agree on all requirements, Axon's project manager will work with the agency's project manager to develop a project plan for Axon's implementation. 3.3 CHANGE CONTROL If any changes in the project cause a material increase or decrease in fees, as determined by Axon, an adjustment in the fees will be agreed upon between the agency and Axon. All PCO forms must be approved and signed by the agency authority (Attachment B). The agency acknowledges a proposed change request might have an impact on both scheduling and cost for the project that will be outlined in the PCO form. 3.4 PROJECT METHODOLOGY Axon utilizes a hybrid approach to project management, utilizing aspects of both Agile and Waterfall methodologies. We use Waterfall for the overall project, with respect to major milestones. We utilize Agile during the configuration and build phases of the project. 3.5 MILESTONE COMPLETION REPORT ("MCR") Axon will submit an MCR to the agency for approval upon completion of a milestone. Milestone Completion Report included (Attachment A). Upon receiving an MCR, the agency has 14 calendar days to approve the milestone completion. If the agency has issues related to the milestone completion, the expectation is that the agency will respond in writing to Axon with any issues related to the MCR within the 14 calendar -day window. PAGE 1 5 City Council 19 — 28 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La / Ensure the reasonable availability for meetings, phone or email of knowledgeable staff and personnel to provide timely and accurate documentation and information to Axon. / Identify holidays, non -workdays, or major events that may impact the project. / Ensure agency desktop, mobile systems, and devices can access the product. / Subject to limitations of any existing contractual obligations, make available relevant systems, if needed for assessment by Axon (including making these systems available to Axon via remote access, if possible). / Provide Axon with remote access to the agency's Axon Evidence account when required. / The agency agrees to pay for licenses upon completion of Go - Live. PAGE City Council 19 — 29 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La / Axon will provide on -site Go -Live support the week the agency begins using the software. / Axon will provide updates and enhancements to the product, which the agency will automatically receive. / Axon will provide the agency's end users with access to the help.axon.com support portal to submit and review service tickets. / Following final acceptance, the agency will utilize Axon support via my.axon.com for any further modifications to the product. / For technical support assistance, the agency may contact a technical support representative at 800-978-2737, or via email at Support@Axon.com. Online, email -based support and remote -location troubleshooting are included on an ongoing basis as part of the agency's investment in the Axon ecosystem. Phone support is available 24/7. PAGE 17 City Council 19 — 30 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La This SOW is governed by the master services and purchasing agreement executed by the parties. AXON ENTERPRISE, INC. AGENCY Signature ..Signed by: Signature: ----------1_—�----- 55DAE BB131A4424... Name: ------------------------- Name: Robert E. Driscoll, Jr. Title: Title: VP, Assoc. General Counsel Date: Date: 3/10/2023 1 9:00 AM MST PAGE City Council 19 — 31 3/21/2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La By signing for the items in this Milestone Completion Report, I agree that Axon's Professional Services Organization has reached the following milestone(s) for the project agreed upon in the SOW between Axon and Santa Ana Police Department: ❑ Project kick-off ❑ Requirements completion ❑ Functional review and completion of configuration ❑ User acceptance testing ❑ Completion of agency training ❑ Integrations completion ❑ Data conversions completion ❑ Go -Live ❑ Final acceptance Date services were completed on: day of Today's date: Agency name: Signature: Printed name Title: Email: PAGE City Council , 20 19-32 3/21 /2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La Date: Description of change to Axon product or service: Justification for change: Effects on schedule: Effect on project pricing (attach quote for reduction or increase in costs): AXON ENTERPRISE, INC. AGENCY Signature: Sin ure: �\ -------------- -- - ---- - Name: a e------------------------- : / Title: T e: Date:4: Date: PAG E 2 O City Council 19 — 33 3/21 /2023 DocuSign Envelope ID: A69C2874-A23C-4EBA-AE3F-17C057920A28 La To deliver a complete solution to the agency, Axon employs third -party products and services providers. Axon will be responsible for the management of third parties identified within Attachment C for the purposes of this project. All communications between those third parties, the agency, and Axon will be managed by Axon including any supporting requirements, integration acceptance testing, functional acceptance testing, or the processing of PCO or MCR documentation. The following third -party products and services are included within the scope of this SOW: / CommSys: / Included within this project are products and services from CommSys for the purposes of connecting to and conducting transactions with state and/or regional information providers. / The agency agrees to provide a CJIS-compliant server and operating environment for hosting of the CommSys software and make remote connectivity available to Axon as required to install, configure, and test the software and its integration with Axon products. The minimum technical requirements are: 0 1.5 GHz 32 or 64-bit dual core processor, 4GB RAM, 120GB Hard Drive, Video Adapter and Monitor with a 1280x1024 resolution and 256 colors, TCP/IP LAN Network connectivity to any client and software components on same or separate hardware, Established connectivity to a CJIS Interface 0 Microsoft Operating System (32 or 64-bit), Microsoft Windows Server 2012 R2 with Microsoft SQL Server 2014 and higher / Microsoft Self Hosted Integration Runtime ("SHIRt"): / Included within this project is software that allows integrations within the agency's local environment to communicate with Axon's cloud hosted environment. / The agency agrees to provide a CJIS server and operating environment for hosting the Self Hosted Integration Runtime. The minimum technical requirements are: o Windows 8.1, 10, 11 or Server 2012, 2012 R2, 2016, 2019, 2022 0 64-bit Operating System with .NET Framework 4.7.2 or above PAGE21 City Council 19 — 34 3/21/2023 City Manager's Office www.santa-ana.org/city-managers-office Item # 20 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Federal Legislative Advocacy Services AGENDA TITLE Second Amendment to Professional Services Agreement with Holland & Knight LLP for Federal Legislative Advocacy Services RECOMMENDED ACTION Approve a second amendment to an agreement with Holland & Knight LLP for federal legislative advocacy services for a three-month term from April 1, 2023 through June 30, 2023, in an amount not to exceed $29,400, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Local governments rely on the expertise of state and federal legislative advocacy firms to represent their respective government agencies in Sacramento and Washington DC. This service includes legislative monitoring and analysis, state budget advocacy, and grant coordination and advocacy. These firms also provide monitoring of executive proposals and legislation, as well as administrative rules and regulations that may affect cities. Legislative advocacy services are also essential in identifying funding opportunities, grant applications, and other special programs for which the City may qualify. About Holland & Knight LLP In 2013, the City conducted a competitive RFP process for federal legislative advocacy services, which yielded three respondents. One of the respondents was the then - existing consultant, The Ferguson Group, who had been providing the City with federal legislative advocacy services since 1987. According to evaluation/scoring/rating criteria, Holland & Knight, the City's current firm, ranked one out of three. On December 16, 2013 the City Council awarded an agreement to Holland & Knight for a one-year term in an amount not to exceed $84,100. The original agreement was amended several times to extend its term, and the current agreement with Holland & Knight expires on March 31, 2023. City Council 20-1 3/21/2023 Federal Legislative Advocacy Services March 21, 2023 Page 2 Staff has prepared a second amendment (Exhibit 1) to the existing agreement with Holland & Knight LLP for federal legislative advocacy services, to provide services for an additional three-month term from April 1, 2023 through June 30, 2023. During these three months, staff will complete a competitive Request for Qualifications process to continue receiving federal legislative advocacy services. FISCAL IMPACT Funds are available for expenditure in Fiscal Year 2022-23 in the following account: Fiscal Accounting Unit — Fund Accounting Unit — Amount Year Account No. Description Account No. Description 2022-23 01104012-62300 General Fund Contract Services - $29,400 Professional EXHIBIT(S) 1. Second Amendment to Agreement Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 20 — 2 3/21/2023 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEEMENT TO PROVIDE FEDERAL GOVERNMENT LIAISON SERVICES WITH HOLLAND & KNIGHT LLP THIS SECOND AMENDMENT to the above -referenced agreement is entered into on March 21, 2023, by and between Holland & Knight, LLP, a limited liability partnership ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2018-080, dated April 1, 2018, by which Consultant agreed to provide services for the securing of federal funding and achieving determined legislative and regulatory outcomes on behalf of the City ("Agreement"). B. On March 23, 2021, the Parties exercised their first option to extend the Agreement for an additional one-year period, from April 1, 2021 through March 31, 2022. C. On April 6, 2021, the parties amended the Agreement to further extend the term of the Agreement for an additional one-year period, through March 31, 2023, and to increase the overall amount of compensation under the Agreement in consideration of the extended term. The Agreement is current and in -effect. D. The parties now wish to further amend the Agreement to allow for a short-term extension of the Agreement, and increase the overall amount of compensation in consideration of the extended term. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said agreement, except as herein modified, the parties agree as follows: Section 2. a., Compensation, is amended to increase the overall compensation at an amount not to exceed $9,800 per month, for a total of $29,400, during this extended term. The total amount to be expended during the term of the Agreement shall not exceed $617,400. 2. Section 3, Term, is amended to extend the term of the Agreement through June 30, 2023. 3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [signature page to follow] City Council 20 — 3 3/21/2023 IN WITNESS THEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST Jennifer Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT Leslie Pollner Senior Policy Advisor City Council 20 — 4 3/21/2023 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Approval of Historic Property Preservation Agreements AGENDA TITLE: Historic Property Preservation Agreements RECOMMENDED ACTION Authorize the City Manager or designee to execute the attached Mills Act Agreements with the below -referenced property owners for the identified structure(s), subject to non - substantive changes approved by the City Manager and City Attorney. Historic Property Vote by Historic Property Owner(s) Preservation Address/House Resources A reement No. Commission 7:0:0:2 (Carpenter Jim Perez 2022-12 2218 N Ross Street and Pena Sarmiento Absent 7:0:0:2 (Carpenter Carolyn Almquist 2022-18 2003 N Victoria Drive and Pena Sarmiento Absent) Liennette Chung 7:0:0:2 (Carpenter r representing Wild 2022-19 313 N Birch Street and Pena Sarmiento Orchid Investments Absent) LLC 501 E Washington 7:0:0:2 (Carpenter Andrew Chu 2022-21 Avenue and Pena Sarmiento Absent) Scott and Lisa 2123 N Freeman 7:0:0:2 (Carpenter Michaelis 2022-22 Street and Pena Sarmiento Absent Eric Neigher and 8:0:0:1 Jennifer Nguyen 2022-23 1915 N Flower Street (Mark McLoughlin Absent Matthew L. and 947 W Buffalo 8:0:0:1 Robert D. Hale 2022-24 Avenue (Mark McLoughlin Absent City Council 21 — 1 3/21/2023 Approval of Historic Property Preservation Agreements March 21, 2023 Page 2 DISCUSSION On November 3, 2022, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the following Mills Act agreements with the identified property owners for historic structure(s) in the City, subject to non -substantive changes approved by the City Manager and City Attorney: Historic Preservation Agreement Number 2022-12, 2022-18, 2022-19, 2022-21, and 2022- 22. On January 19, 2023, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the following Mills Act agreements with the identified property owners for historic structure(s) in the City, subject to non -substantive changes approved by the City Manager and City Attorney: Historic Preservation Agreement Number 2022-23 and 2022-24 . This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed projects are exempt from further review. The following Categorical Exemptions will be filed for this project: • ER No. 2022-102 (2123 N Freeman Street) • ER No. 2022-103 (2218 N Ross Street) • ER No. 2022-104 (313 N Birch Street) • ER No. 2022-105 (501 E Washington Avenue) • ER No. 2022-106 (2003 N Victoria Drive) • ER No. 2022-125 (947 W Buffalo Avenue) • ER No. 2022-126 (1915 N Flower Street) FISCAL IMPACT The Historic Property Preservation Agreements will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $10,505.53 annually noted below, for a period of not less than ten years. HPPA No. Address Estimate Exhibit No. 2022-12 2218 N. Ross Street $1,008.83 1-2 2022-18 2003 N. Victoria Drive $1,910.60 3-4 2022-19 313 N. Birch Street $3,017.77 5-6 2022-21 501 E. Washington Avenue $653.85 7-8 2022-22 2123 N. Freeman Street $1,501.50 9-10 2022-23 1915 N. Flower Street $1,564.68 11-12 2022-24 947 W. Buffalo Ave $848.30 13-14 Total for All Properties: $10,505.53 City Council 21 — 2 3/21/2023 Approval of Historic Property Preservation Agreements March 21, 2023 Page 3 EXHIBIT(S) 1. Mills Act Agreement — 2218 N Ross Street 2. HRC Staff Report — 2218 N Ross Street 3. Mills Act Agreement — 2003 N Victoria Drive 4. HRC Staff Report — 2003 N Victoria Drive 5. Mills Act Agreement — 313 N Birch Street 6. HRC Staff Report — 313 N Birch Street 7. Mills Act Agreement — 501 E Washington Avenue 8. HRC Staff Report — 501 E Washington Avenue 9. Mills Act Agreement — 2123 N Freeman Street 10. HRC Staff Report — 2123 N Freeman Street 11. Mills Act Agreement — 1915 N Flower Street 12. HRC Staff Report — 1915 N Flower Street 13. Mills Act Agreement — 947 W Buffalo Avenue 14. HRC Staff Report — 947 W Buffalo Avenue Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 21 —3 3/21/2023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Jim Perez, a Married Man as his Sole and Separate Property, (hereinafter collectively referred to as "Owner"), owner of real property located at 2218 North Ross Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2218 North Ross Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council Exhibi I — 4 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on March 22, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 21 — 5 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the City Council 21 — 6 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2218 North Ross Street, Assessor Parcel Number, 002-112-08, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying City Council 21 — 7 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Jim Perez 2218 North Ross Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. City Council 21 — 8 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 21 — 9 3/21/2023 ATTEST: Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: U �" JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: JIM PEREZ RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 21 — 10 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA AND DESCRIBED AS FOLLOWS: LOT 3 OF TRACT NO. 946, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Assessor's Parcel Number: 002-112-08 City Council 21 —11 3/21/2023 EXECUTIVE SUMMARY Exhibit B LeRoy Quick House 2218 N Ross Street Santa Ana, CA 92706 NAME LeRoy Quick House REF. NO. ADDRESS 2218 North Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1950 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE �5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSI The LeRoy Quick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a very intact and highly individual example of the late Tudor Revival style in Santa Ana, keynoted by partial stone construction. The recommended categorization is "Landmark" because it has unique architectural significance as an example of the post -World War II Tudor Revival style with a partial stone construction in Floral Park and Santa Ana (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation City Council 21 — 12 3/21/2023 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #. HRI # Trinomial_ NRHP Status Reviewer Page 1 of 4 Resource name(s) or number (assigned by recorder) LeRoy Quick House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad Orange Quadrangle 2022 Date: 2022 *c. Address 2218 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Located on the west side of North Ross Street, near the intersection of West Santa Clara Avenue and North Ross Street. Assessor's Parcel Number002-112-08 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park on the west side of North Ross Street, the LeRoy Quick House is a one-story, single-family residential building constructed partially of stone in the Tudor Revival architectural style. The subject property consists of a long, narrow lot that contains the residence to the east (front) and a detached garage to the west (rear). The asymmetrical residence has a T-shaped footprint. It features a steeply pitched, cross -gable roof at the front of the building, a hip roof at the rear, and an attached stone chimney at the south towards the rear. The roof is clad in composition shingles and has minimal overhanging eaves. Fieldstone construction distinguishes entire fagade of the building, inclusive of wing walls at each end, and a portion of the south elevation. Other cladding includes stucco, lapboard, and vertical siding along the building's secondary facades. Offset to the north, the prominent front gable contains the deeply recessed main entrance, consisting of a six -panel wood door topped with a diamond -paned transom. Steel -framed windows, both casement and fixed, are utilized throughout the building. Fagade fenestration includes a pair of multi -paned, steel -framed casement and fixed windows flanking the entrance bay and, to the south, a row of four casements (two double windows) with distinctive, diamond -shaped, leaded and partially stained glass paning. (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence; HP4. Ancillary building *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) Primary East Elevation and South Elevation, view Northwest September 2022 *P6. Date Constructed/Age and Sources: ■historic 19501 City of Santa Ana Building Permits *P7. Owner and Address: Jim Perez 2218 N Ross Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: November 3, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artlfart Rarnrrl flPhntnnranh Rarnrd fl Other llicfl DPR523A(1 t95)COUIICII 21 — 13 3/21/Re3ed information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S3 *Resource Name or #: LeRoy Quick House 131. Historic Name: LeRoy Quick House 132. Common Name: None 133. Original Use: Single -Family Residence 134. Present Use: Single -Family Residence *135. Architectural Style: Tudor Revival *136. Construction History: (Construction date, alterations, and date of alterations): October 18, 1950. Constructed as a 6 room residence and garage. $23,000, September 25, 1989. Repair firewall, install drywall, and close window in garage. May 14, 2015. Remove existing roof from SFR with detached garage, install new composition shingle like for like, and replace sheathing as needed. *137. Moved? ■No ❑Yes ❑Unknown Date: Original locatio *138. Related Features: Detached Garage. 139a. Architect: Unknown b. Builder: Howard Renshaw (builder) *1310. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1950 Property Type: Single -Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The LeRoy Quick House is architecturally significant as a highly intact and distinctive example of the late Tudor Revival style. This house was constructed in 1950 by builder Howard Renshaw and valued at $23,000 according to the original building permit. Notable for the masonry construction that expresses the Tudor Revival design, it is just one of two homes in the Floral Park neighborhood that is constructed with fieldstone at its primary fagade and one of a limited number of stone buildings in Santa Ana. The first owner of the subject property was LeRoy Quick, who developed the property and owned and occupied it until at least 1979. Archival research did not uncover additional information regarding Mr. Quick or later occupants of the home. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: November 3, 2022 (This space reserved for official comments.) DPR 523 d information I y Council 21 — 14 3/21 1m, State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name: LeRoy House *Recorded by Andrea Dumovich Heywood *Date November 3, 2022 El Continuation ❑ Update *133a. Description (continued): The prominent stone chimney at the south elevation features the characteristic Tudor Revival height and extends to the exterior foundation; walls to either side are also of stone construction. A covered patio extends outward from the rear (west) fagade. Other notable features include wooden vents at gable ends, awnings, and wood shutters. The property is landscaped with a mature tree, a lawn, manicured low shrubs, and a curved, brick -paved walkway that leads from the driveway to the main entrance, also brick -paved. A driveway parallels the south elevation and leads to the detached, one-story, two -car garage, which is setback behind a wood double gate. The stucco -covered garage is capped by a hipped roof clad in composition shingles. The garage's north fagade features two pedestrian doors situated below shingle -clad shed roof hoods. Its windows match those on the main residence, with a single steel -framed casement window on the north fagade and two steel -frame multi -paned casement and fixed windows on the rear (west) elevation. A low wall made of the same fieldstone as the residence is just north of the garage in the backyard. Minor alterations to the property include a small area of glass block wall on a side elevation. *B10. Significance (continued): The LeRoy Quick House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War Il, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The LeRoy Quick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a very intact and highly individual example of the late Tudor Revival style in Santa Ana, keynoted by partial stone construction. The recommended categorization is "Landmark" because it has unique architectural significance as an example of the post -World War II Tudor Revival style with partial stone construction in Floral Park and Santa Ana (Santa Ana Municipal Code, Section 30-2.2). In addition to the partial stone construction, the house also showcases the asymmetrical massing, vertical emphasis of roof and chimney, and storybook quality of fenestration that typify the Tudor Revival. Character -defining features of the house include its steeply pitched, cross -gabled and hipped roof,- minimal overhanging eaves; a prominent front -gabled entry bay; fieldstone walls which extend along the entire primary (east) fagade of the building to either side of the chimney on the south elevation; stucco, lapboard, and vertical siding; a prominent stone chimney; fenestration that includes, multi -paned and diamond -paned, casement and picture windows with steel frames; a recessed primary entrance; vents at gable ends; shed roofs over secondary entries; wood shutters; and a fieldstone wall in the backyard. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. DPR523LCIty Council 21 —15 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name: LeRoy House *Recorded by Andrea Dumovich Heywood *Date November 3, 2022 O Continuation ❑ Update Ancestry. com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 191 Z 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989 DPR523LCIty Council 21 — 16 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 21 — 17 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 21 — 18 3/21/2023 Planning and Building Agency Item # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report November 3, 2022 Topic: HRCA No. 2022-15, HRC 2022-9, HPPA No. 2022-12 — LeRoy Quick House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2022-15 and Historic Register Categorization No. 2022-9 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Jim Perez, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Jim Perez is requesting approval to designate an existing residence located at 2218 North Ross Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. DISCUSSION Project Location and Site Description The subject property is located on the west side of North Ross Street in the Floral Park neighborhood. The site contains a 1,996-square-foot, Tudor Revival style residence and detached garage on an 11,813-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails Historic Resources Commission 2-1 11 /3/2022 City Council 21 — 19 3/21/2023 Exhibit 2 HRCA No. 2022-15, HRC 2022-9, HPPA No. 2022-12 — LeRoy Quick House November 3, 2022 Page 2 applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 65 years old and is a good example of period architecture. No known code violations exist on record for this property. The LeRoy Quick House is architecturally significant as a highly intact and characteristic example of the Tudor Revival style. This house was originally constructed in 1950 and valued at $23,000 according to the original building permit. It is just one of two homes in the Floral Park neighborhood that is constructed with fieldstone at its primary fagade. The first owner of the subject property was LeRoy Quick who developed the property and owned and occupied it until at least 1979. Archival research did not uncover additional information regarding Mr. Quick or later occupants of the home. The LeRoy Quick House is a one-story, single-family residential building constructed in the Tudor Revival architectural style with partial stone construction. The subject property is made up of a long, narrow lot that contains the residence to the east and a detached garage to the west. The asymmetrical residential building has a T-shaped footprint. It features a steeply pitched, cross gable at the front of the building, a hip roof at the rear, and a chimney at the south. The roof is clad in composition shingles and has minimal overhanging eaves. The prominent front -facing gable over entrance is clad in stone, which extends along the entire fagade of the building and to the side yard walls and driveway gate. Other cladding includes stucco, lapboard, and vertical siding along the building's secondary facades. The main entrance is recessed into the building and consists of a single wood door with an overhead transom with diamond panes. A pair of multi -pane steel -frame casement and fixed windows flank the main entrance. The primary fagade's south architectural bay contains two steel -frame double casement windows with diamond lead panes and minimal stained glass. Additional building fenestration includes multi -pane steel -frame casement and fixed windows on the south, rear (west), and north elevations. The north side also includes glass block fenestration. A pedestrian door with a single fixed lite is set under a shed roof and is raised above two brick -clad steps with wood railings, at the building's south elevation. A deeply recessed pedestrian wood door with a fixed, multi -pane lite is situated at the rear (west) elevation. The prominent stone chimney at the south elevation extends to the exterior foundation and is flanked by partial stone construction. A covered patio extends outward from the rear (west) fagade. Other notable features include vents at gable ends, awnings, and wood shutters. The property is landscaped with a mature tree, a lawn, manicured low shrubs, and a curved walkway that leads from the driveway to the main entrance. A driveway parallels the south elevation and leads to the detached, one-story, two -car garage, which is setback behind a wood double gate. The garage contains a hipped roof clad in composition shingles and Historic Resources Commission 2-2 11 /3/2022 City Council 21 — 20 3/21/2023 HRCA No. 2022-15, HRC 2022-9, HPPA No. 2022-12 — LeRoy Quick House November 3, 2022 Page 3 has stucco siding along its facades. The garage's north fagade features two pedestrian doors situated below shingle -clad shed roof awnings. Its windows match those on the main residence, with a single steel -frame casement window on the north fagade and two steel -frame multi -paned casement and fixed windows on the rear (west) fagade. A low wall made of the same fieldstone that constructs the residence's primary fagade is just north of the garage in the backyard. There appear to be little to no building alterations. Character -defining features of the LeRoy Quick House include, but may not be limited to: its steeply pitched, cross -gabled and hipped roof; minimal overhanging eaves; a prominent front -facing gable over entrance; stone cladding, which extends along the entire primary (east) fagade of the building and to the side yard walls and driveway gate; stucco, lapboard, and vertical siding; a prominent stone chimney that extends to the exterior foundation and is flanked by partial stone construction; fenestration that includes, multi -paned and diamond -paned, casement and picture windows with steel frames; a recessed primary entrance; vents at gable ends; awnings; wood shutters; and a stone wall in the backyard that is built out of the same fieldstone that clads the primary fagade. The LeRoy Quick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a very intact example of the Tudor Revival style with a partial stone construction in Santa Ana. The house displays characteristics of the Tudor Revival style through its steeply pitched, cross -gable roof; primary fagade dominated by a single, prominent front -facing steeply pitched gable; tall, multi -pane glazed lites; leaded glass with diamond shaped panes; exterior stonework; and massive chimney. The recommended categorization is "Landmark" because it has unique architectural significance as an example of the post -World War II Tudor Revival style with a partial stone construction in Floral Park and Santa Ana. This category is reserved for structures exemplifying high architectural significance with potential eligibility to be placed on the National or State historic registers, and/or possesses unique architectural significance within the City of Santa Ana. The property is worth of "Landmark" status due to the building's intense use of stone construction throughout the primary fagade, chimney, and low wall in the rear yard, in addition to the rare occurrence of well -maintained original multi -paned and diamond -paned casement and picture steel -frame windows. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed Historic Resources Commission 2-3 11 /3/2022 City Council 21 — 21 3/21/2023 HRCA No. 2022-15, HRC 2022-9, HPPA No. 2022-12 — LeRoy Quick House November 3, 2022 Page 4 value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. The following list includes the proposed structure improvements/maintenance plan for the subject property, which shall be completed over the course of the next ten years: 1. Painting 2. Landscaping Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-103 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,008.83 annually, for a period of not less than ten years. EXHIBIT(S) Historic Resources Commission 2-4 11 /3/2022 City Council 21 — 22 3/21/2023 HRCA No. 2022-15, HRC 2022-9, HPPA No. 2022-12 — LeRoy Quick House November 3, 2022 Page 5 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission 2-5 11 /3/2022 City Council 21 — 23 3/21/2023 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2022-15 TO PLACE THE PROPERTY LOCATED AT 2218 N ROSS STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2022-9 PLACING SAID PROPERTY WITHIN THE LANDMARK CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On November 3, 2022, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-15) and categorization (Historic Resources Commission Categorization No. 2022-9) of the LeRoy Quick House located at 2218 North Ross Street, Santa Ana. B. The LeRoy Quick House has distinctive architectural features of the Tudor Revival style with partial stone construction and was built in 1950. C. The LeRoy Quick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a very intact example of the Tudor Revival style with a partial stone construction in Santa Ana. The recommended categorization is "Landmark" because it has unique architectural significance as an example of the post -World War II Tudor Revival style with a partial stone construction in Floral Park and Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Tudor Revival style exhibited by the house include its steeply pitched, cross -gabled and hipped roof; minimal overhanging eaves; a prominent front -facing gable over entrance; stone cladding, which extends along the entire primary (east) fagade of the building and to the side yard walls and driveway gate; stucco, lapboard, and vertical siding; a prominent stone chimney that extends to the exterior foundation and is flanked by partial stone construction; fenestration that includes, multi -paned and diamond -paned, casement and picture windows with steel frames; a recessed primary entrance; vents at gable ends; awnings; wood shutters; and a stone wall in the backyard that is built out of the same fieldstone that clads the primary fagade. D. The legal owner of the property is Jim Perez. Historic Resources Commission 2-6 11 /3/2022 City Council 21 — 24 ResolutioRdl�39222 X Page 1 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2022-103 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2022-15 to place the LeRoy Quick House located at 2218 N Ross Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2022-9 placing the LeRoy Quick House located at 2218 N Ross Street, Santa Ana, 92706 within the Landmark category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 3rd day of November, 2022. Tim Rush Chairperson Historic Resources Commission 2-7 11 /3/2022 City Council 21 — 25 ResolutioRdl�39222 X Page 2 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney �� By: k John M. Funk Chief Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, CHELSEA SHAFER, Acting Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 3, 2022. Date: Acting Commission Secretary City of Santa Ana Historic Resnurces Commissinn 2-8 11 /3/2022 City Council 21 — 26 ResolutioRdl�39222 X Page 3 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-112-08 2218 North Ross Street THE LAND REFERRED TO Jim Perez HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA AND DESCRIBED AS FOLLOWS: LOT 3 OF TRACT NO. 946, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Resolution--Ro.1 "' Wistoric 2-9 1 City Council 21 — 27 3/21/2023 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2021-21 and Historic Resources Commission Categorization No. 2022-15 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission's approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: The applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2218 North Ross Street, historically known as the LeRoy Quick House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. Resolution No. 2022-XXX Historic Resnurces Commissinn 2 — 1 0 1 'I City Council 21 — 28 3/21/2023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Jim Perez, a Married Man as his Sole and Separate Property, (hereinafter collectively referred to as "Owner"), owner of real property located at 2218 North Ross Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2218 North Ross Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 21 — 29 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on February 8, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. Historic Resnurces Commissinn 2 — 12 11 /3/2022 City Council 21 — 30 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the Historic Resnurces Commissinn 2 — 13 11 /3/2022 City Council 21 — 31 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2218 North Ross Street, Assessor Parcel Number, 002-112-08, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying Historic Resnurces Commissinn 2 — 14 11 /3/2022 City Council 21 — 32 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Jim Perez 2218 North Ross Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Historic Resnurces Commissinn 2 — 15 11 /3/2022 City Council 21 — 33 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Historic Resnurces Commissinn 2 — 16 11 /3/2022 City Council 21 — 34 3/21/2023 ATTEST: Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: U �" JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: JIM PEREZ RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Historic Resnurces Cnmmissinn 2 — 17 11 /3/2022 City Council 21 — 35 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA AND DESCRIBED AS FOLLOWS: LOT 3 OF TRACT NO. 946, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Assessor's Parcel Number: 002-112-08 Historic Resnurces Commissinn 2 — 1 S 11 /3/2022 City Council 21 — 36 3/21/2023 EXECUTIVE SUMMARY LeRoy Quick House 2218 N Ross Street Santa Ana, CA 92706 NAME LeRoy Quick House REF. NO. ADDRESS 2218 North Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1950 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The LeRoy Quick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a very intact and highly individual example of the late Tudor Revival style in Santa Ana, keynoted by partial stone construction. The recommended categorization is "Landmark" because it has unique architectural significance as an example of the post -World War II Tudor Revival style with a partial stone construction in Floral Park and Santa Ana (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation Historic Resources Commission 2 — 19 11 /3/2022 City Council 21 — 37 3/21/2023 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial NRHP Status Code Reviewer Page 1 of 4 Resource name(s) or number (assigned by recorder) LeRoy Quick House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad Orange Quadrangle 2022 Date: 2022 *c. Address 2218 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Located on the west side of North Ross Street, near the intersection of West Santa Clara Avenue and North Ross Street. Assessor's Parcel Number002-112-08 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park on the west side of North Ross Street, the LeRoy Quick House is a one-story, single-family residential building constructed partially of stone in the Tudor Revival architectural style. The subject property consists of a long, narrow lot that contains the residence to the east (front) and a detached garage to the west (rear). The asymmetrical residence has a T-shaped footprint. It features a steeply pitched, cross -gable roof at the front of the building, a hip roof at the rear, and an attached stone chimney at the south towards the rear. The roof is clad in composition shingles and has minimal overhanging eaves. Fieldstone construction distinguishes entire fagade of the building, inclusive of wing walls at each end, and a portion of the south elevation. Other cladding includes stucco, lapboard, and vertical siding along the building's secondary facades. Offset to the north, the prominent front gable contains the deeply recessed main entrance, consisting of a six -panel wood door topped with a diamond -paned transom. Steel -framed windows, both casement and fixed, are utilized throughout the building. Fagade fenestration includes a pair of multi -paned, steel -framed casement and fixed windows flanking the entrance bay and, to the south, a row of four casements (two double windows) with distinctive, diamond -shaped, leaded and partially stained glass paning. (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence; HP4. Ancillary building *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) Primary East Elevation and South Elevation, view Northwest September 2022 *P6. Date Constructed/Age and Sources: ■historic 19501 City of Santa Ana Building Permits *P7. Owner and Address: Jim Perez 2218 N Ross Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: November 3, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑ArtifaHjF T( PgMyWekFjLt' r�PS44[M(list) 2 — 20 11/3/2022 DPR 523A�1&)COul1Cll 21 - 38 3/21 k4c?4ed information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S3 *Resource Name or #: LeRoy Quick House 131. Historic Name: LeRoy Quick House B2. Common Name: None B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *135. Architectural Style: Tudor Revival *136. Construction History: (Construction date, alterations, and date of alterations): October 18, 1950. Constructed as a 6 room residence and garage. $23,000. September 25, 1989. Repair firewall, install drywall, and close window in garage. May 14, 2015. Remove existing roof from SFR with detached garage, install new composition shingle like for like, and replace sheathing as needed. *137. Moved? ■No ❑Yes ❑Unknown Date: *B8. Related Features: Detached Garage. B9a. Architect: Unknown Original location: b. Builder: Howard Renshaw (builder) *1310. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1950 Property Type: Single -Family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The LeRoy Quick House is architecturally significant as a highly intact and distinctive example of the late Tudor Revival style. This house was constructed in 1950 by builder Howard Renshaw and valued at $23,000 according to the original building permit. Notable for the masonry construction that expresses the Tudor Revival design, it is just one of two homes in the Floral Park neighborhood that is constructed with fieldstone at its primary fagade and one of a limited number of stone buildings in Santa Ana. The first owner of the subject property was LeRoy Quick, who developed the property and owned and occupied it until at least 1979. Archival research did not uncover additional information regarding Mr. Quick or later occupants of the home. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: November 3, 2022 (This space reserved for official comments.) Sketch Me p LeRoy Quick House 2218 N Ross Street u 3-14 e o ROSS o �e � a ,�t• 4 a c 7 14 9 a^MAC T IT R. S 5 V p TRA 25 7 IT 2fi 3 27 f 28 ,5 29 000c B 30 � }, 6 32 O 7 6 o �$oaoo a La GWEA ZAF DPR 523EI I v Council 21 — 39 3/21 M' information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name: LeRoy House *Recorded by Andrea Dumovich Heywood *Date November 3, 2022 ❑x Continuation ❑ Update *133a. Description (continued): The prominent stone chimney at the south elevation features the characteristic Tudor Revival height and extends to the exterior foundation; walls to either side are also of stone construction. A covered patio extends outward from the rear (west) fagade. Other notable features include wooden vents at gable ends, awnings, and wood shutters. The property is landscaped with a mature tree, a lawn, manicured low shrubs, and a curved, brick -paved walkway that leads from the driveway to the main entrance, also brick -paved. A driveway parallels the south elevation and leads to the detached, one-story, two -car garage, which is setback behind a wood double gate. The stucco -covered garage is capped by a hipped roof clad in composition shingles. The garage's north fagade features two pedestrian doors situated below shingle -clad shed roof hoods. Its windows match those on the main residence, with a single steel -framed casement window on the north fagade and two steel -frame multi -paned casement and fixed windows on the rear (west) elevation. A low wall made of the same fieldstone as the residence is just north of the garage in the backyard. Minor alterations to the property include a small area of glass block wall on a side elevation. *1310. Significance (continued): The LeRoy Quick House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The LeRoy Quick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a very intact and highly individual example of the late Tudor Revival style in Santa Ana, keynoted by partial stone construction. The recommended categorization is "Landmark" because it has unique architectural significance as an example of the post -World War II Tudor Revival style with partial stone construction in Floral Park and Santa Ana (Santa Ana Municipal Code, Section 30-2.2). In addition to the partial stone construction, the house also showcases the asymmetrical massing, vertical emphasis of roof and chimney, and storybook quality of fenestration that typify the Tudor Revival. Character -defining features of the house include its steeply pitched, cross -gabled and hipped roof- minimal overhanging eaves; a prominent front -gabled entry bay; fieldstone walls which extend along the entire primary (east) fagade of the building to either side of the chimney on the south elevation; stucco, lapboard, and vertical siding; a prominent stone chimney; fenestration that includes, multi -paned and diamond -paned, casement and picture windows with steel frames; a recessed primary entrance; vents at gable ends; shed roofs over secondary entries; wood shutters; and a fieldstone wall in the backyard. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. ctn A — — ro t-,-- - DPR 5231LCIty COUI1Cll 21 - 40 3/21 /2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name: LeRoy House 'Recorded by Andrea Dumovich Heywood "Date November 3, 2022 ❑x Continuation ❑ Update Ancestry. com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989 Historic Resources Commission 2 — 23 11 /3/2022 DPR 523LCIty Council 21 — 41 3/21 /2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Histnric Resnurces Cnmmissinn 2 — 24 11 /3/2022 City Council 21 — 42 3/21/2023 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Historic Resnurces Commissinn 2 — 25 11 /3/2022 City Council 21 — 43 3/21/2023 ,Aftft 'Mum � w �.. . i d Ile - OF - �e I� ,.. 132ie N 500' RADIUS H RC 2022-9/ H RCA 2021-15/ H P PA 2022-12 2118 North Ross Street LEROY QUICK HOUSE PLANNING AND BUILDING AGENCY Historic Resnurces Commissinn 2 — 26 11 /3/2022 City Council 21 — 44 3/21/2023 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 Kelly Arcadio CITY OF SANTA ANA/PLANNING & BUILDING 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 OR# 3636468 NOTICE OF PUBLIC HEARING described in this notice, or in written BEFORE THE SANTA ANA HISTORIC correspondence delivered to the Historic RESOURCES COMMISSION Resources Commission or City Council of The City of Santa Ana encourages the the City of Santa Ana at, or prior to, the public to participate in the decision- public hearing. making process. We encourage you to Si tiene preguntas an espanol, favor de COPY OF NOTICE contact us prior to the Public Hearing if you have any questions . Ilamar a Kelly Arcadio (714) 647-5881. N e u c a n lien l a c b a ng ti a ng Vi a t, Historic Resources Commission An di 6 n tho a i cho Tony Lai s o (794) Action: The Historic Resources 565-2627. Commission will hold a Public Hearing to 10/21/22 receive public testimony, and will take OR-3636468# action on the item described below. Decision on this matter will be final unless Notice Type: GPN GOVT PUBLIC NOTICE appealed within 10 calendar days of the decision by any interested party or group. Ad Description Project Location: 2218 N. Ross Street (historically known as the LeRoy House) 2218 N Ross Street located in the Single Family Residential (R-1) zoning district. Project Applicant: Jim Perez Proposed Project: The applicant is To the right is a copy of the notice you sent to us for publication in the requesting approval of Historic Resources Commission ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please Application No. 2022-15, Historic Register read this notice carefully and call us with any corrections. The Proof of Categorization No. 2022-9, and Historic Property Publication will be filed with the Count Clerk, if uired, and mailed to ou y re q y Preservation Agreement 2022-12 to allow the placement and catat egorization in after the last date below. Publication date(s) for this notice is (are): the Santa Ana Register of Historical Properties as Key 10/21/2022 for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, The charge(s) for this order is as follows. An invoice will be sent after the last Class 31, as this action is designed to date of publication. If you prepaid this order in full, you will not receive an preserve a historic resource. Categorical Exemption No. 2022-103 will be filed for invoice. this project. Meeting Details: This matter will be heard on November 3, 2022 at 4:30 p.m. Publication $119.35 in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Total $119.35 Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting- participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to Dail Journal Corporation PBAeComments@santa-ana.org v p (reference the Agenda Item # in the Serving your legal advertising needs throughout California. subject line) or mail to Chelsea Shafer, Acting Recording secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 Ana, CA 92701. Deadline to submit BUSINESS JOURNAL, RIVERSIDE 951 784-0111 ( ) written comments is Comments nts c the day of the meeting. Comments received DAILY COMMERCE, LOS ANGELES (213) 229-5300 after the deadline may not be distributed to the Commission but will be made part LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 of the record. Where To Get More Information: SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 Additional details regarding the proposed SAN JOSE POST -RECORD, SAN JOSE 408 287-4866 ( ) including the full text of the discretionary item, may be found on the discretionary THE DAILY RECORDER, SACRAMENTO (916) 444-2355 City website 72 hours prior to the public hearing at: https://santa- THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 ana.pdmegov.com/public/portal. Who To Contact For Questions: Should THE INTER -CITY EXPRESS, OAKLAND (510) 2724747 you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at aheywood@santa-ana.org or 714-647- 5899. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing IIPON_ ity ounC1 21 — 45 3/21/2023 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 198E o Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group Project Location: 2218 N. Ross Street (historically known as the LeRoy Quick House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Jim Perez Proposed Project: The applicant is requesting approval of Historic Resources Commission Application No. 2022-15, Historic Register Categorization No. 2022-9, and Historic Property Preservation Agreement No. 2022-12 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Landmark for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022-103 will be filed for this project. Meeting Details: This matter will be heard on November 3, 2022 at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(a).santa-ana.org (reference the Agenda Item # in the subject line) or mail to Chelsea Shafer, Acting Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at- https://sant@-@P^hli�i^^ram Historic Resnurces Commissinn 2 — 23 11 /3/2022 City Council 21 — 46 3/21/2023 Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at ahe wood santa-ana.org or 714-647-5899. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Kelly Arcadio (714) 647-5881. Neu can lien lac bang tieng Viet, xin dien thoai cho Tony Lai so (714) 565-2627. 500' RADIUS NOTIFICATION MAP Publish: OC Reporter Date: Octob"i�tci?PWRPscurcPs Commission 2 — 29 11/3/2022 City Council 21 — 47 3/21/2023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Carolyn D. Almquist, Trustee of The Carolyn D. Greenberg Living Trust, dated April 4, 2018, (hereinafter collectively referred to as "Owner"), owner of real property located at 2003 N. Victoria Drive, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2003 N. Victoria Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council x ' 717 48 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on March 22, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 21 — 49 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the City Council 21 — 50 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2003 N. Victoria Drive, Assessor Parcel Number, 002-151-14, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying City Council 21 — 51 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Carolyn D. Almquist 2003 N. Victoria Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. City Council 21 — 52 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 21 — 53 3/21/2023 ATTEST: Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By:� JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: CAROLYN D. ALMQUIST TRUSTEE OF THE CAROLYN D. GREENBERG LIVING TRUST, DATED APRIL 4, 2018 RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 21 — 54 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF BROADWAY, FORMERLY WEST STREET 253.64 FEET NORTH OF THE SOUTHEAST CORNER OF THE RESUBDIVISION OF ORANGE GROVE TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, AS PER MAP RECORDED IN BOOK 2 PAGE 9, MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE WEST 225 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 198.5 FEET TO THE EAST LINE OF VICTORIA DRIVE; THENCE SOUTH ALONG THE EAST LINE OF VICTORIA DRIVE, 88 FEET TO THE SOUTH LINE OF THE LAND CONVEYED TO ROY RUSSELL AND WIFE, BY DEED RECORDED SEPTEMBER 10, 1921 IN BOOK 396 PAGE 310, DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE EAST ALONG SAID SOUTH LINE AND EXTENSION THEREOF 198.5 FEET TO A POINT 225 FEET WEST OF THE WEST LINE OF BROADWAY; THENCE NORTH PARALLEL WITH THE WEST LINE OF BROADWAY, 88 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 002-151-14 City Council 21 — 55 3/21/2023 EXECUTIVE SUMMARY Exhibit B COTANT HOUSE 2003 North Victoria Drive Santa Ana, CA 92706 NAME Cotant House REF. NO. ADDRESS 2003 North Victoria Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park NATIONAL REGISTER CRITERIA FOR EVALUATION I C NATIONAL REGISTER STATUS CODE 3S Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches; asymmetry; balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone. SUMMARY/CONCLUSION: The Cotant House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Spanish Colonial Revival style. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business and professional communities. In addition, the Cotant House has been categorized as "Landmark" because the building "appears to be eligible" to be placed on the National Register and the California Register and "has a unique architectural significance" as an intact and representative example of the Spanish Colonial Revival style that contributes to the historic streetscape of North Victoria Drive (Municipal Code, Section 30-2.2). (Municipal Code, section su- EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. • National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 3S: Appears eligible for separate listing. City Council 21 — 56 3/21/2023 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #. HRI # Trinomial NRHP Status Reviewer Page 1 of 4 Resource name(s) or number (assigned by recorder) Cotant House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2003 North Victoria Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-151-14; ORANGE GROVE TR LOT 88 X 198.5 FT. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) A low-pitched, cross -gabled, red -tiled roof characterizes this two-story Spanish Colonial Revival house. Shallow eaves and exposed rafter tails trim the roof edges. Smooth stucco finishes the exteriors. The asymmetrical, rectangular, west -facing residence has a cantilevered Monterey style balcony that wraps around its south wing. Balcony detailing includes exposed beam supports and turned balusters punctuated by square wood posts. The larger north wing of the house is defined by a series of second floor multi -pane casement windows. On the first floor of the north wing, a pair of narrow multi -pane casements flank a center fixed window with a decorative molded hood. On the lower northwest corner, a pierced stucco screen in a diamond pattern shields the recessed window behind it. Projecting from the center of the fagade, the front -gabled center wing contains the deeply recessed entry. A solid wood door is embellished with iron bolts and iron hardware. (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) West elevation January 2003 *P6. Date Constructed/Age and Sources: ■historic 1928 / City of Santa Ana Building Permits *P7. Owner and Address: Michael & Joanne Sokolski 2003 North Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Neumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: January 30, 2003 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information City Council 21 — 57 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 3S *Resource Name or #: Cotant House B1. Historic Name: Cotant House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Mission/Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): November 26, 1928. Residence and garage. Owner, Roy Russell. $15,000. December 2, 1954. Termite repairs for Dr. George Hawkins. $435. March 23, 1956. Swimming pool (18' x 36) for Dr. L. Cella. November 20, 1964. Remodel kitchen and add back porch for Dr. L. J. Cella. $4, 500. June 28, 1990. Remodel interior floor plan, enclose porch (room addition, second floor bath). $85, 000. *137. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *138. Related Features: Detached garage, mature tree in front yard. 139a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Cotant House is architecturally distinguished as an intact and characteristic example of the Spanish Colonial Revival style which achieves added prominence through its generous scale. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. According to the original, 1928 building permit, the owner and builder was Roy Russell, the primary developer of North Victoria Drive. The house and garage cost $15,000, a large sum at the time. The first owner residents, according to the 1931 Orange County Directory, were Charles L. and Eileen Cotant. Mr. Cotant was the manager of Bank of America. In 1934, the Orange County Directory indicated that physician Francis M. Findlay and his wife Lois were the occupants. From 1935 until 1939, the owner was (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *1314. Evaluator: Leslie J. Heumann *Date of Evaluation: January 30, 2003 (This space reserved for official comments.) Sketch Map Cotant House r s s oa. moAnwA Y 2003 North Victoria Dr. ae ORA E GROVE 0�0�2$�= rc Leo 151 °° �ei z s R � 71 72 6 13 � 14 75 76 r RS. 6-7g TRACT s 90• A 1205 VIC7MA a DRIVE DPR 523B (1/95) *Required information City Council 21 — 58 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Cotant House *Recorded by Leslie J. Neumann, Peter C. Moruzzi, SAIC *Date January 30, 2003 ❑x Continuation ❑ Update *P3a. Description (continued): Wrought iron sconces flank the opening, with a small window enhanced by a wrought iron grille to one side and a double casement window on the other. Arched corbelling marks a shallow second story overhang. Another pierced stucco screen is adjacent to the balcony. The south elevation is marked by a red brick chimney while the north elevation features a bay with molded hood on the ground floor. An iron gate blocks the concrete driveway leading to the original two -car garage along the rear of the property. The garage, like the house, is side -gabled with a red tile roof and stucco finish. The meticulously tended grounds are a mix of subtropical vegetation, a broad expanse of lawn in front, and shaped hedges. A large, mature tree shades the south half of the front yard near the house. The residence, garage, and grounds appear original and are in excellent condition. *1310. Significance (continued): Frank Curran, president of Frank Curran Lumber Company, and his family. From 1940 until at least 1945, Herschel R. and Floss M. Brinkerhoff were residents. Mr. Brinkerhoff was the principal of "H. R. Brinkerhoff and company and outdoor bowling alley" The Cotant House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Cotant House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Spanish Colonial Revival style. Characteristic features of the style include the signature combination of stucco exteriors and red clay tiled roofing, broad asymmetrical massing, corbelled overhang, Moorish inspired pierced stucco screens, and wooden balcony. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business and professional communities. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as an example of the Spanish Colonial Revival style that contributes to the historic streetscape of North Victoria Drive. All original exterior features of the Cotant House are considered character defining and should be preserved. These features include, but may not be limited to: materials (wood) and finishes (stucco); roof configuration, materials and treatment; massing and composition; balcony; porch; projections; doors and windows; chimney; architectural detailing (pierced screens, wrought iron elements, sconces, etc.); original garage, and landscape features such as subtropical vegetation and mature trees. DPR523LCIty Council 21 — 59 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Cotant House *Recorded by Leslie J. Neumann, Peter C. Moruzzi, SAIC "Date January 30, 2003 ❑x Continuation ❑ Update *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Alison Honer Dies at 84, " The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies, " Orange County Register, September 15, 1981. "History of Floral Park." http://www.floral-park.comlpage2.html Talbert, Thomas (editor-in-chieo. Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens, Volume I. Whittier, Historical Publishers, 1963. Armor, Samuel. History of Orange County. 1921. Orange County Directories, 1927-1941, 1945, 1947. DPR523LCIty Council 21 — 60 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 21 — 61 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 21 — 62 3/21/2023 Planning and Building Agency Item # d City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report November 3, 2022 Topic: HPPA No. 2022-18 — Cotant House RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Carolyn D. Almquist for the property located at 2003 N. Victoria Drive, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Carolyn D. Almquist is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 2003 N. Victoria Drive that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Cotant House, consists of an existing two-story Spanish Colonial Revival style residence that is approximately 3,600 square feet in size on a 17,800- square-foot residential lot (Exhibit 2). The Cotant House was added to the Santa Ana Register of Historical Properties ("Register") in 2003 and categorized as "Landmark." Analysis of the Issues Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties. The property is listed on the Register and categorized as Contributive, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed Historic Resnurces Commissinn d — 1 11 /3/2022 City Council 21 — 63 3/21/2023 Exhibit 4 HPPA No. 2022-18 — Cotant House November 3, 2022 Page 2 value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 2003, the Historic Resources Commission placed the Cotant House on the Register and within the "Landmark" category because the property appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. Additionally, the house was categorized as "Landmark" for its exemplification of the Spanish Colonial Revival style and because it contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business and professional communities. Character -defining exterior features of the Cotant House that should be preserved include, but may not be limited to: materials (wood) and finishes (stucco); roof configuration, materials and treatment; massing and composition; balcony; porch; projections; doors and windows; chimney; architectural detailing (pierced screens, wrought iron elements, sconces, etc.); original garage, and landscape features such as subtropical vegetation and mature trees. In 2018, the property underwent an interior remodel of first floor kitchen and living area and second floor master bedroom and bathroom. Exterior modifications were made along the rear of the first floor that were a like -for like replacement of an existing French door. In addition, exterior modifications were made along the second floor for replacement of non- period correct windows. All exterior modifications were consistent with the Secretary of Interior Standards for Rehabilitation. In 2021, an existing detached garage was converted into an accessory dwelling unit (ADU) and a new detached aluminum patio/trellis cover was approved and installed on the property. During the site visit, staff noted improvements along the primary/front elevation that were non -period correct. Specifically, staff noted the installation of wrought -iron ornamentation along the primary elevation that was installed during the 1980s. In addition, a few second story windows along the second floor were identified as not having period correction window mullions. Staff will work with the property owner to address these concerns as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement for this property. As part of the mills act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and Historic Resources Commission d — 2 11 /3/2022 City Council 21 — 64 3/21/2023 HPPA No. 2022-18 — Cotant House November 3, 2022 Page 3 approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-106 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,910.60 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500' Radius Map 3 - Site Photos — 2003 N. Victoria Drive 4 - HRC Staff Report Historic Summary and Resolution (2003 N. Victoria Drive) 5 - Action Minutes HRC (2003 N. Victoria Drive) Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission d — 3 11 /3/2022 City Council 21 — 65 3/21/2023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Carolyn D. Almquist, Trustee of The Carolyn D. Greenberg Living Trust, dated April 4, 2018, (hereinafter collectively referred to as "Owner"), owner of real property located at 2003 N. Victoria Drive, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2003 N. Victoria Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 21 — 66 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on February 8, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nomenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. Historic Resnurces Commissinn _ d — 5 11 /3/2022 City Council 21 — 67 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the Historic Resnurces Commissinn d — 6 11 /3/2022 City Council 21 — 68 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2003 N. Victoria Drive, Assessor Parcel Number, 002-151-14, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying Historic Resnurces Commissinn _ d — 7 11 /3/2022 City Council 21 — 69 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Carolyn D. Almquist 2003 N. Victoria Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Historic Resnurces Commissinn d — S 11 /3/2022 City Council 21 — 70 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Historic Resnurces Commissinn d — 9 11 /3/2022 City Council 21 — 71 3/21/2023 ATTEST: Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By:� JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: CAROLYN D. ALMQUIST TRUSTEE OF THE CAROLYN D. GREENBERG LIVING TRUST, DATED APRIL 4, 2018 RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Historic Resnurces Commissinn d — 1 0 11 /3/2022 City Council 21 — 72 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF BROADWAY, FORMERLY WEST STREET 253.64 FEET NORTH OF THE SOUTHEAST CORNER OF THE RESUBDIVISION OF ORANGE GROVE TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, AS PER MAP RECORDED IN BOOK 2 PAGE 9, MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE WEST 225 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 198.5 FEET TO THE EAST LINE OF VICTORIA DRIVE; THENCE SOUTH ALONG THE EAST LINE OF VICTORIA DRIVE, 88 FEET TO THE SOUTH LINE OF THE LAND CONVEYED TO ROY RUSSELL AND WIFE, BY DEED RECORDED SEPTEMBER 10, 1921 IN BOOK 396 PAGE 310, DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE EAST ALONG SAID SOUTH LINE AND EXTENSION THEREOF 198.5 FEET TO A POINT 225 FEET WEST OF THE WEST LINE OF BROADWAY; THENCE NORTH PARALLEL WITH THE WEST LINE OF BROADWAY, 88 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 002-151-14 Historic Resnurces Commissinn d — 11 11 /3/2022 City Council 21 — 73 3/21/2023 EXECUTIVE SUMMARY COTANT HOUSE 2003 North Victoria Drive Santa Ana, CA 92706 NAME Cotant House REF. NO. ADDRESS 2003 North Victoria Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park NATIONAL REGISTER CRITERIA FOR EVALUATION I C NATIONAL REGISTER STATUS CODE 3S Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches; asymmetry; balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone. SUMMARY/CONCLUSION: The Cotant House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Spanish Colonial Revival style. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business and professional communities. In addition, the Cotant House has been categorized as "Landmark" because the building "appears to be eligible" to be placed on the National Register and the California Register and "has a unique architectural significance" as an intact and representative example of the Spanish Colonial Revival style that contributes to the historic streetscape of North Victoria Drive (Municipal Code, Section 30-2.2). (Municipal Code, section su- EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. • National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 3S: Appears eligible for separate listing. Historic Resnurces Commis -,inn d — 12 11 /3/2022 City Council 21 — 74 3/21/2023 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #. HRI # Trinomial NRHP Status Reviewer Page 1 of 4 Resource name(s) or number (assigned by recorder) Cotant House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2003 North Victoria Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-151-14; ORANGE GROVE TR LOT 88 X 198.5 FT. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) A low-pitched, cross -gabled, red -tiled roof characterizes this two-story Spanish Colonial Revival house. Shallow eaves and exposed rafter tails trim the roof edges. Smooth stucco finishes the exteriors. The asymmetrical, rectangular, west -facing residence has a cantilevered Monterey style balcony that wraps around its south wing. Balcony detailing includes exposed beam supports and turned balusters punctuated by square wood posts. The larger north wing of the house is defined by a series of second floor multi -pane casement windows. On the first floor of the north wing, a pair of narrow multi -pane casements flank a center fixed window with a decorative molded hood. On the lower northwest corner, a pierced stucco screen in a diamond pattern shields the recessed window behind it. Projecting from the center of the fagade, the front -gabled center wing contains the deeply recessed entry. A solid wood door is embellished with iron bolts and iron hardware. (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) West elevation January 2003 *P6. Date Constructed/Age and Sources: ■historic 1928 / City of Santa Ana Building Permits *P7. Owner and Address: Michael & Joanne Sokolski 2003 North Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Neumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: January 30, 2003 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A JU o d information City Council 21 — 75 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 3S *Resource Name or #: Cotant House B1. Historic Name: Cotant House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Mission/Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): November 26, 1928. Residence and garage. Owner, Roy Russell. $15,000. December 2, 1954. Termite repairs for Dr. George Hawkins. $435. March 23, 1956. Swimming pool (18' x 36) for Dr. L. Cella. November 20, 1964. Remodel kitchen and add back porch for Dr. L. J. Cella. $4, 500. June 28, 1990. Remodel interior floor plan, enclose porch (room addition, second floor bath). $85, 000. *137. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *138. Related Features: Detached garage, mature tree in front yard. 139a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Cotant House is architecturally distinguished as an intact and characteristic example of the Spanish Colonial Revival style which achieves added prominence through its generous scale. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. According to the original, 1928 building permit, the owner and builder was Roy Russell, the primary developer of North Victoria Drive. The house and garage cost $15,000, a large sum at the time. The first owner residents, according to the 1931 Orange County Directory, were Charles L. and Eileen Cotant. Mr. Cotant was the manager of Bank of America. In 1934, the Orange County Directory indicated that physician Francis M. Findlay and his wife Lois were the occupants. From 1935 until 1939, the owner was (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *1314. Evaluator: Leslie J. Heumann *Date of Evaluation: January 30, 2003 (This space reserved for official comments.) Sketch Map Cotant House r s s oa. moAnwA Y 2003 North Victoria Dr. ae ORA E GROVE 0�0�2$�= rc Leo 151 °° �ei z s R � 71 72 6 13 � 14 75 76 r RS. 6-7g TRACT s 90• A 1205 VIC7MA a MVE DPR 523BI+11YAthric Resources Commission d — 14 11 / Information City Council 21 — 76 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Cotant House *Recorded by Leslie J. Neumann, Peter C. Moruzzi, SAIC *Date January 30, 2003 ❑x Continuation ❑ Update *P3a. Description (continued): Wrought iron sconces flank the opening, with a small window enhanced by a wrought iron grille to one side and a double casement window on the other. Arched corbelling marks a shallow second story overhang. Another pierced stucco screen is adjacent to the balcony. The south elevation is marked by a red brick chimney while the north elevation features a bay with molded hood on the ground floor. An iron gate blocks the concrete driveway leading to the original two -car garage along the rear of the property. The garage, like the house, is side -gabled with a red tile roof and stucco finish. The meticulously tended grounds are a mix of subtropical vegetation, a broad expanse of lawn in front, and shaped hedges. A large, mature tree shades the south half of the front yard near the house. The residence, garage, and grounds appear original and are in excellent condition. *1310. Significance (continued): Frank Curran, president of Frank Curran Lumber Company, and his family. From 1940 until at least 1945, Herschel R. and Floss M. Brinkerhoff were residents. Mr. Brinkerhoff was the principal of "H. R. Brinkerhoff and company and outdoor bowling alley" The Cotant House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Cotant House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Spanish Colonial Revival style. Characteristic features of the style include the signature combination of stucco exteriors and red clay tiled roofing, broad asymmetrical massing, corbelled overhang, Moorish inspired pierced stucco screens, and wooden balcony. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business and professional communities. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as an example of the Spanish Colonial Revival style that contributes to the historic streetscape of North Victoria Drive. All original exterior features of the Cotant House are considered character defining and should be preserved. These features include, but may not be limited to: materials (wood) and finishes (stucco); roof configuration, materials and treatment; massing and composition; balcony; porch; projections; doors and windows; chimney; architectural detailing (pierced screens, wrought iron elements, sconces, etc.); original garage, and landscape features such as subtropical vegetation and mature trees. Historic Resources Commission d — 15 11 /3/2022 DPR523LCIty Council 21 — 77 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Cotant House *Recorded by Leslie J. Neumann, Peter C. Moruzzi, SAIC "Date January 30, 2003 ❑x Continuation ❑ Update *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Alison Honer Dies at 84, " The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies, " Orange County Register, September 15, 1981. "History of Floral Park." http://www.floral-park.comlpage2.html Talbert, Thomas (editor-in-chieo. Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens, Volume I. Whittier, Historical Publishers, 1963. Armor, Samuel. History of Orange County. 1921. Orange County Directories, 1927-1941, 1945, 1947. Historic Resources Commission d — 16 11 /3/2022 DPR523LCIty Council 21 — 78 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Histnric Resnurces Cnmmissinn d — 17 11 /3/2022 City Council 21 — 79 3/21/2023 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Historic Resnurces Commissinn d — 18 11 /3/2022 City Council 21 — 80 3/21/2023 a r 3i• 8 8 G ",t T i }• £, V mAw I •Pfi i o REQUEST FOR Historic Resources Commission Action �dpcadott �St rt T0RIC RESOURCES COMMISSION MEETING DATE: HISTORIC RESOURCES COMMISSION SECRETARY APRIL 3, 2003 TITLE: PUBLIC HEARING - HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2003-15 THROUGH 2O03-21; AND HISTORIC REGISTER CATEGORIZATION NOS. 2003-15 THROUGH 2O03- 21 TO PLACE AND CATEGORIZE THE STRUCTURES ON THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES Prepared by Melanie G . McCann C. Ne"O Deputy City Manager RECOMMENDED ACTION APPROVED © As Recommended © As Amended © Set Public Hearing For CONTINUED TO 1. Adopt a resolution approving Historic Resources Commission Application Nos. 2003-15 through 2003-21. 2. Adopt a resolution approving Historic Register Categorization Nos. 2003-15 through 2003-21. DISCUSSION Request of Applicant The City of Santa Ana requests that the structures at the following addresses be placed and categorized as Landmark on the Santa Ana Register of Historical Properties. a 2002 North Victoria Drive, Parke House (Exhibit 1) a 2003 North Victoria Drive, Cotant House (Exhibit 2) • 2006 North Victoria Drive, Carden House (Exhibit 3) a 2009 North Victoria Drive, Russell House (Exhibit 4) a 2010 North Victoria Drive, Reid House (Exhibit 5) a 2019 North Victoria Drive, Was House (Exhibit 6) • 2 02 PIi @P Wells Hoidse2 j Exhibit 7 ) 11 /3/2022 City Council 21 — 83 3/21/2023 r CIRCA Nos. 2003-15 through 2003-21 ARC Nos. 2003-15 through 2003-21 April 3, 2003 Page 2 ,Analysis of the Issues The structures identified meet the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code. The first benchmark for selection requires that structures be 50 or more years old. Based on the results of research, it is recommended that the structure be placed in the Landmark category. The code criteria for Landmark designation is as follows: a. The building, landmark or district is on the National Register or appears to be eligibleto be placed on the register; or b. The building, landmark or district is on the State Register or appears to be eligible to be placed on the register; or C. The building, landmark or district has a historic/cultural significance to the City of Santa Ana; or d. The building, landmark or district has a unique architectural significance. The properties included in this request are as follows: a 2002 North Victoria Drive, Parke House. The Parke House, built in 1945, qualifies for listing in the National Register of Historic Places under Criterion C. It also qualifies for listing in the Santa Ana Register of Historical Properties for its intact display of the characteristics of late Colonial Revival style architecture. Additionally, the structure is eligible to be categorized as Landmark for its unique architectural significance illustrated by its central, side -gabled wing clad in painted brick; two side wings, also side -gabled and sheathed with clapboard siding; front gabled roof dormers containing six -over -six, double hung sash windows; and a fanlight with radiating muntins atop the recessed and paneled double entrance doors. • 2003 North Victoria Drive, Cotant House. The Cotant House, built in 1928, qualifies for listing in the National Register of Historic Places under Criterion C. It also qualifies for listing in the Santa Ana Register of Historical Properties for its intact display Historic Resnurces Cnmmissinn d - 22 11 /3/2022 City Council 21 — 84 3/21/2023 HRCA Nos. 2003-15 HRC Nos. 2003-15 April 3, 2003 Page 3 through 2003-21 through 2003-21 of the characteristics of a Spanish Colonial Revival style that reached its apex during the 1920s and 1930s. Additionally, the structure is eligible to be categorized as Landmark for its unique architectural significance illustrated by its low-pitched cross gabled, red tiled roof; cantilevered Monterey style balcony wrapping the south wing; arched corbelling marking a shallow second story overhang; and a deeply recessed entry way with a solid wood door embellished with iron bolts and hardware. 2006 North Victoria Drive, Carden House. The Carden House, built in 1931, qualifies for listing in the National Register of Historic Places under Criterion C. It also qualifies for listing in the Santa Ana Register of Historical Properties for its intact display of the characteristics of a Tudor Revival style most popular during the 1920s and 1930s. Additionally, the structure is eligible to be categorized as Landmark for its unique architectural significance illustrated by its asymmetrical, rectangular shape; medium -pitched cross -gabled roof; carved bargeboards and decorative half- timbering; pair of leaded glass casement windows with diamond patterned lights on the upper floor; a Tudor arch framing a deeply .recessed entryway; and a dramatic chimney with a cluster of three angled, brick stack with corbelled caps. 2009 North Victoria Drive, Russell House. The Russell House, built in 1927, qualifies for listing in the National Register of Historic Places under Criterion B and C. It is notable for its historic associations as this was the first house that developer Roy Russell constructed on North Victoria Drive. Russell resided in, this home for seven years after it was completed. It qualifies for listing in the Santa Ana Register of Historical Properties for its intact display of the characteristics of Classical Revival/Neo-Classical Revival style architecture. Additionally, the structure is eligible to be categorized as Landmark for its unique architectural significance illustrated by its two and one -half -story symmetrical brick massing; two front gabled dormers; a large brick chimney at either end of the roof ridgeline; a two-story portico framing the entrance as a focal point to the overall design, supported by four fluted Tuscan columns; and pairs of identical bays containing six - over -six double hung sash windows flanked by wood shutters. City Council 21 — 85 3/21/2023 HRCA Nos. HRC Nos. April 3, Page 4 2003--15 through 2003--21 2003-15 through 2003--21 2003 2010 North Victoria Drive, Reid House. The Reid House, built in 1930, qualifies for listing in the National Register of Historic Places under Criterion C. It also qualifies for listing in the Santa Ana Register of Historical Properties for its intact display of the characteristics of Mission/Spanish Colonial Revival style architecture. Additionally, the' structure is eligible to be categorized as Landmark for its unique architectural significance illustrated by its low-pitched, cross --gable, and red tiled roof; smooth stucco finish; carved rafters beneath the shallow eaves; bracketed overhangs; a wood framed balcony defining the upper story; and a recessed entry framed'by a round -headed arch supported by a stout column with a molded impost. 2019 North Victoria Drive, Was House. The Was House, built in 1927, qualifies for listing in 'the National Register of Historic Places under Criterion C. It also qualifies for listing in the Santa Ana Register of Historical Properties for its intact display of the characteristics of Colonial Revival style architecture. Additionally, the structure is eligible to be categorized as Landmark for its unique architectural significance illustrated by its symmetrical and rectangular massing, wide clapboard sheathing, medium pitched roof with bracketed eaves, six -over -six windows, double -hung sash with wood shutters, a portico projecting from the central bay featuring a pair of Tuscan columns supporting triangular pediments, and horizontal and raking cornices bracketed to suggest dentils. e 2020 North Victoria Drive, Wells House. The Wells House, built in 1928, qualifies for listing in the National Register of Historic Places under Criterion C. It also qualifies for listing in the Santa Ana Register of Historical Properties for its intact display of the characteristics of Mission/Spanish Colonial Revival style architecture. Additionally, the structure is eligible to be categorized as Landmark for its unique architectural significance illustrated by its medium -pitched, side -gabled red tiled roof with shallow eaves; smooth stucco finish; carved rafters visible beneath the eaves of the shed roof wing; fagade windows with narrow, multi - pane casements that are deeply recessed; a deeply recessed entryway topped by an elaborate cast stone panel; and a solid wood entry door with a small, rectangular opening covered by a decorative iron grille. City Council 21 — 86 3/21/2023 HRCA Nos, 2003-15 HRC Nos. 2003-15 April 3, 2003 Page 5 through 2003-21 through 2003-21 Based on findings consistent with the criteria established in Chapter 30 of the Santa Ana Municipal Code, it is recommended that the Historic Resources Commission approve the actions as noted. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemptions will be filed for these projects. Mela e G. McCann, AICP Associate Planner .vIGM : CM HisLoriclApri1HRC2003\1andmark040303.hrc (�� Maya D osa Senior Planner Historic Resnurces Commis -,inn d - 25 11 /3/2022 City Council 21 — 87 3/21/2023 EXEMPT FROM FEES PURSUANT TO -JVERNMENT CODE 4 6103 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY OF SANTA ANA, HISTORIC RESOURCES COMMISSION AND WHEN RECORDED MAIL TO: LAURAJOHNSON CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, M20 P.O. BOX 1988 SANTA ANA, CA 92702 TITLE Of DOCUMENT: � L_ D M AY 2 xQ3 Asj�A PLANNING DEPT, Recoided in Official Records, County of Orange Torn Daly, Clerk -Recorder III IIIII!II!III IIII III IIIIIII I III ! IIIIII III !N0 FEE 200300049913711.13am 05/02/03 130 42 R28 8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 This Space for Recorder's Use RESOLUTION NO. 2003-09 A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA PLACING THE PROPERTIES LOCATED AT 2002 NORTH VICTORIA DRIVE, 2003 NORTH VICTORIA DRIVE, 2006 NORTH VICTORIA DRIVE, 2009 NORTH VICTORIA DRIVE, 2010 NORTH VICTORIA DRIVE, 2019 NORTH VICTORIA DRIVE AND 2020 NORTH VICTORIA DRIVE ON THE HISTORICAL REGISTER AND PLACING WITHIN THE LANDMARK CATEGORY 1 �wlr I THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 059-TITLE PAGE (R7AA Historic Resnurces Cnmmissinn d — 26 11 /3/2022 City Council 21 — 88 3/21/2023 EXEMPT FROM FEES PUR,_ ANT TO GOVERNMENT CODE § 6103 lss/03/31103 RESOLUTION NO. 2003-09 A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA PLACING THE PROPERTIES LOCATED AT 2002 NORTH VICTORIA DRIVE, 2003 NORTH VICTORIA DRIVE, 2006 NORTH VICTORIA DRIVE, 2009 NORTH VICTORIA DRIVE, 2010 NORTH VICTORIA DRIVE, 2019 NORTH VICTORIA DRIVE AND 2020 NORTH VICTORIA DRIVE ON THE HISTORICAL REGISTER AND PLACING WITHIN THE LANDMARK CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows; A. The Parke House, located at 2002 North Victoria Drive, Santa Ana was built in 1948. It qualifies for listing in the Santa Ana Register of Historical Property due to its intact display of the characteristics of late Colonial Revival style architecture. The house qualifies for listing on the National Register of Historic Places. 2. Additionally, the house is eligible to be categorized as Landmark for ifs unique architectural significance illustrated -by its central, side - gabled wing clad in painted brick; its two side wings, which are also side -gabled and sheathed with clapboard siding; its front gabled roof dormers containing six -over -six, double hung sash windows and a fanlight with radiating muntins atop the recessed and paneled double entrance doors. 3. The legal owner of the subject is Allan W. St. Jacques. 4. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein, B. The Cotant House, located at 2003 North Victoria Drive, Santa Ana, was built in 1928. It qualifies for listing in the Santa Ana Register of Historical Wistoric • . , 1 �_ CouncilCity :• 1 EXEMPT FROM FEES PUr ,_ .ANT TO GOVERNMENT CODE § 6103 Property for its intact display of the characteristics of a Spanish Colonial Revival style that reached its apex during the 1920s and 1930s. The house is eligible to be categorized as Landmark for its unique architectural significance illustrated by its low-pitched cross gabled, red tiled roof; cantilevered Monterey style balcony wrapping the south wing; archedcorbelling marking a shallow second story overhang; and a deeply recessed entry way with a solid wood door embellished with iron bolts and hardware. 2. The house is eligible for listing on the National Register of Historic Places. 3. The legal owners of the subject property are Michael and Joanne Sokolski. 4. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. C. The Carden house, located at 2006 North Victoria Drive, Santa Ana was built in 1931. It qualifies for listing in the Santa Ana Register of Historical Property as an example of the distinguishing characteristics of the Tudor Revival style most popular during the 1920s and 1930s. 1. The structure is eligible to be categorized as Landmark for its unique architectural significance illustrated by its asymmetrical rectangular shape; medium -pitched cross -gabled roof; carved bargeboards and decorative half-timbering; pair of leaded glass casement windows with diamond patterned lights on the upper, floor; a Tudor arch framing a deeply recessed entryway; and a dramatic chimney with a cluster of three angled, brick stack with corbelled caps. 2. The property qualifies for listing on the National Register of Historic Places. 3. The legal owner of the subject property is Angel Barnes. 4. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. D. The Russell House, located at 2009 North Victoria Drive, Santa Ana, was built in 1927. It qualifies for listing in the Santa Ana Register of Historical Property intact display of the characteristics of Classical Revival/Neo- Classical Revival style architecture. Historic Resources Cnmmissinn d — 23 11 /3/2022 Resolutoftee.&WP 21 — 90 3/21 /2023 Page 2 of EXEMPT FROM FEES PUR(,-A'NT TO GOVERNMENT CODE § 6103 1. This was the first house that developer Roy Russell constructed on North Victoria Drive. Mr. Russell resided in this home for seven years after it was completed. 2. Additionally, the house has a unique architectural significance illustrated by its two and one-half story symmetrical brick massing; two front gabled dormers; a large brick chimney at either end of the roof ridgeline; a two-story portico framing the entrance as a focal point to the overall design, supported by four fluted Tuscan columns; and pairs of identical bays containing six -over -six double hung sash windows flanked by wood shutters. 3. The house qualifies for listing on the National Register of Historic Places. 4. The legal owners of the subject property are Dale E. and Margaret R. Quayle. b. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. E. The Reid House, located at 2010 North Victoria Drive, Santa Ana, was built in 1930. It qualifies for listing in the Santa Ana Register of Historical Property for its intact display of the characteristics of Mission/Spanish Colonial Revival Style and because it contributes to the historic character of the Floral Park neighborhood. 1. The house is eligible to be categorized as Landmark for its unique architectural significance illustrated by its low-pitched, cross -gable, and red tiled roof; smooth stucco finish; carved rafters beneath the shallow eaves; bracketed overhangs; a wood framed balcony . defining the upper story; and a recessed entry framed by a round - headed arch, supported by a stout column with a molded impost. 2. The house qualifies for listing in the National Register of Historic Places. 3. The legal owner of the subject property is the Hryniewicki Trust. 4. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The Was House, located at 2019 North Victoria Drive, was built in 1927. It qualifies for listing in the Santa Ana Register of Historic Properties as it exemplifies the Colonial Revival style architecture. City Council 21 — 91 Resolution3;2.1WQMg9 Page 3of6 EXEMPT FROM FEES PUR,, ANT TO GOVERNMENT CODE § 6103 1. The home is eligible for the Landmark designation for its unique architectural significance as a representative example of the Colonial Revival style that contributes to the historic streetscape of North Victoria Drive. Notable architectural features of the house include its symmetrical and rectangular massing; wide clapboard sheathing; medium pitched roof with bracketed eaves; six -over -six windows; double -hung sash with wood shutters; a portico projecting from the central bay featuring a pair of Tuscan columns supporting triangular pediments; and horizontal and raking cornices bracketed to suggest dentils. 2. The home is eligible to be placed on the National Register of Historic Places. 3. The legal owner of the subject property is Willard V. Treadwell. 4. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. G. The Wells House, located at 2020 North Victoria Drive, was built in 1928. It qualifies for listing in the Santa Ana Register of Historic Properties as it exemplifies the Mission/Spanish Colonial Revival style architecture. 1. The home is eligible for the Landmark designation for its unique architectural significance illustrated by its medium -pitched, side - gabled red tiled roof with shallow eaves; smooth stucco finish; carved rafters visible beneath the eaves of the shed roof wing; fagade windows with narrow, multi -pane casements that are deeply recessed; -a'deeply recessed entryway topped by an elaborate cast; stone panel; and a solid wood entry door with a small, rectangular opening covered by a decorative iron grille. 2. The home is eligible to be placed on the National Register of Historic Places. 3. The legal owner of the subject property is Melinda W. Elguindy. 4. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Resolu Page 4 21 92 3/21 /2023 EXEMPT FROM FEES PURU—ANT TO GOVERNMENT CODE § 6103 Section 2: The subject properties meet the minimal standards and are hereby placed on the City of Santa Ana Register of Historic Property pursuant to Section 30-2 of the Santa Ana Municipal Code. Section 3: The subject properties meet the minimal standards and are hereby placed in the landmark category pursuant to Section 30-2.2(1) of the Santa Ana Municipal Code. Section 4: For the subject properties, a report entitled "Historical Property. Description," is on file in the office of the Clerk of the Council, and are hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Property in the Landmark category. The Clerk of the Council is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Property. Section 5. The Commission Secretary is hereby directed to file a certified copy of this Resolution'with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. Section 6. This Resolution shall take effect immediately upon its adoption by the Historic Resources Commission, and the Commission Secretary shall attest to and certify the vote adopting this Resolution. ADOPTED this Td day of April, 2003 by the following vote:. AYES: Commission members: NOES: Commission members: ABSTENTION: Commission members: NOT PRESENT: Commission members: ATTEST: Outa Johnso 1 CommissioedE ecretary Planning auilding Agency Bustamante, Chinn, Corpin, Gartner, Giles, Kings, O'Callaghan, Schaefer (8) None (0) None (0) Lutz (1) Chairperson Historic Resnurces Commissinn d — 31 11 /3/2022 City Council 21 — 93 Resolut€on3VLNPIM g Page 5 of 6 EXEMPT FROM FEES PUR. ANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Laura Sheedy Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, LAURA JOHNSON, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2003-09 to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on April 3, 2003. Date: t o mission S etary City of Sant na Res 21 — 94 3/21 /2023 raw m J C) LOCO oOm -'w } -jCOJ X } t x } -j X CO CO ti o�- o o o� ou, o t .. O O -j u" -j O o� �z �C � O �(0 p�� > > >W°� >� > >� o X o o�r� o� oar o 0 d': �(C)❑ (D007❑ LL (DCDIC? �N❑ �m J W M Q VVLi.. w� rw C\ I (w t] C O W N � Qy w �w 6 L O zV LO z z O z z z O LOL vi z ar; a c c •=3 Z.;^ r Cr O O P }2 2 {D w E > O: m way � -tea U Y o O N CO :3 E Z' O �cn Q ❑C� _ :. 0 Ui , Q1 m (a D CO O M. O c4 D CO O CG ca O —U U _ Cam) U U U •U 0 0 0 0 0 z z z z z 0 z 0 z 0 0 QO (N N N o N 0 N 0 N 0 N .` to C3 d d O m C 7 O C\! N O . O LO O LO O LO O. i N O N O N O N O N O N O N O O O O O O O O c - N CrJ 4 lf) O f` C Historic Resnurces Commissinn d — 33 11 /3/2022 City Council 21 - 95 3/21/2028 1. HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2003-15 THROUGH 2O03-21 AND HISTORIC REGISTER CATEGORIZATION NOS. 2003-15 THROUGH 2O03-21 Filed by the City of Santa Ana to place and categorize various structures on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: March 21, 2003 PUBLICLY NOTICED: March 21, 2003 :r. ADDRESS STRUCTURE NAME RECOMMENDED CATEGORY 2002 North Victoria Drive 15 Parke House Landmark %3 North, Victoria Drive ,16 ; Cotant House Landmark 2006 North Victoria Drive 17 Carden House Landmark 2009 North Victoria Drive 1$ Russell House Landmark 2010 North Victoria Drive 19 Reid House Landmark 2019 North Victoria Drive 20 Was House Landmark 2020 North Victoria Drive 21 Wells House Landmark RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application Nos. 2003-15 through 2003-21. 2. Adopt a resolution approving Historic Register Categorization Nos. 2003- 15 through 2003-21. Melanie McCann, Associate Planner, presented the staff report and recommendation. Chairman Giles opened the public hearing. Allan St. Jacques, owner of 2002 Victoria Drive requested that the name of the home be modified to the Parke/St. Jacques House. Chairman Giles closed the public hearing. Motion to 1. Adopt a resolution approving Historic Resources Commission Application Nos. 2003-15 through 2003-21. 2. Adopt a resolution approving Historic Register Categorization Nos. 2003- 15 through 2003-21. 3. Modify the name of the structure at 2002 North Victoria Drive to the Parke/St. Jacques House. His .fiurr-P mission 11 /3/2022 City Cou it �1 p 9s gs3,��1��han, AYEnS; Bustamante, Chinn, or 1n, artner, Giles, Kin Schaefer (8) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Wild Orchid Investments LLC, a California Limited Liability Company, (hereinafter collectively referred to as "Owner"), owner of real property located at 313 N. Birch Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 313 N. Birch Street, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council Exhibit 5 21 — 97 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on March 22, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 21 — 98 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the City Council 21 — 99 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 313 N. Birch Street, Assessor Parcel Number, 398-591-10, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying City Council 21 — 100 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Liennette Chung 313 N. Birch Street Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. City Council 21 — 101 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 21 — 102 3/21/2023 ATTEST: MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 CITY OF SANTA ANA KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: Liennette Chung Wild Orchid Investments LLC, a California Limited Liability Company APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: "V. JOA M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency City Council 21 — 103 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: COMMENCING ON THE EAST LINE OF BIRCH STREET AT A POINT 110 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 38 OF "THE BIRCH ADDITION TO SANTA ANA", AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 145 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE EAST, PARALLEL WITH FOURTH STREET IN SAID CITY, 115 FEET; THENCE SOUTH PARALLEL WITH BIRCH STREET, 65 FEET TO THE NORTH LINE OF LOT 50 OF "THE PARK ADDITION TO SANTA ANA", AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 30 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE WEST 115 FEET TO THE EAST LINE OF BIRCH STREET; THENCE NORTH 65 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 40 OF "THE BIRCH ADDITION TO SANTA ANA", AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 145 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA AND SECTION 12, TOWNSHIP 3 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING 110 FEET NORTH AND 115 FEET EAST OF THE INTERSECTION OF THE NORTH LINE OF THIRD STREET WITH THE EAST LINE O BIRCH STREET, BEING THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO SANTA ANA ARMORY HALL, RECORDED JULY 26, 1910 IN BOOK 172, PAGE 342 DEEDS; THENCE EAST ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF THE LANDS SO CONVEYED, 35 FEET; THENCE SOUTH 65 FEET TO THE NORTHEAST CORNER OF LOT 50 OF "THE PARK TRACT ADDITION OF SANTA ANA", AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 30 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE WEST, ALONG THE NORTH LINE OF LOT 50, A DISTANCE OF 35 FEET TO THE SOUTHEAST CORNER OF THE LAND CONVEYED TO SAID SANTA ANA ARMORY HALL; THENCE NORTH 65 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 398-591-10 City Council 21 — 104 3/21/2023 Exhibit B NAME Armory Hall/American Legion Hall REF. NO. 128 ADDRESS 313 North Birch Street CITY Santa Ana ZIP 1 92701 ORANGE COUNTY YEAR BUILT 1911 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT I Downtown Santa Ana NEIGHBORHOOD I N/A NATIONAL REGISTER CRITERIA FOR EVALUATION A, C NATIONAL REGISTER STATUS CODE 1D Location: ❑ Not for Publication ® Unrestricted USGS 7.5" Quad Date: T R '/4 of '/4 of Sec B.M. ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. Page 1 of 4 cm\historic\templates\Birch 313 N (American Legion Hall) 8/23/01 City Council 21 — 105 3/21/2023 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) September 26, 1983. Rebuild and seismic rehab March 6, 1984. Tenant improvements RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None : (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) The appearance of this two and three-story brick building dates to its post 1933 earthquake reconstruction and substantial rehabilitation in 1984. An example of the Spanish Colonial Revival style, the building is asymmetrical in its composition, with exposed red brick exterior walls. The focal point of the design is the entry, a two-story high archway located at the southwest corner of the building. The actual doorway is deeply recessed within the barrel-vaulted space. Set high up on the fagade next to the opening, a single bulls eye window is the only other feature of this wing, which is crowned by a red tile shed roof. To the north, the flat roofed three-story wing features a row of arched windows beneath a projecting cornice over the first floor. Other notable details of this wing include a row of projecting bricks, which suggest a frieze below the roofline, and shallowly recessed panel containing the current name of the building, "Santa Ana Veterans Hall" on a blue tiled background. In good condition, the building has been modified from its 1934 appearance by the enclosure of some windows and the removal of its stucco facing. Note: This property has a fagade easement with Heritage Orange County. HISTORIC HIGHLIGHTS: The Armory Hall/American Legion Hall was built in stages, with the first construction taking place around 1910, a rear addition made in 1922, an entirely new fagade created following the Long Beach Earthquake in 1934, and substantial rehabilitation occurring in 1983-84 (Thomas). It was constructed as the third home of Santa Ana's Company L Armory (the first was up the street at 400 West Fourth Street, the second at 214'h East Fourth Street), and was utilized for that purpose from 1910 until the mid-1950s. Founded as the Santa Ana National Guard Company F in 1890, the unit changed its name to Company L when it was called to active duty during the Spanish American War in 1898. The organization played an important dual role in the community, as a vehicle for military service and as a community institution that sponsored social and civic events. Members of Company L provided assistance in the aftermaths of both the 1906 San Francisco Earthquake and Fire and the 1933 Long Beach Earthquake, and went on to serve in World Wars I and II, the Korean War, and the Vietnam War. In World War II, the building was utilized as the West Coast Army Training Center and was used as a broadcasting station. The name of the unit was changed to Company A, 161" Armored Infantry Battalion in 1954 (Marsh). RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) (HP13) Community Center/Social Hall (HP34) Military Property Page 2 of 4 cm\historic\templates\Birch 313 N (American Legion Hall) 8/23/01 City Council 21 — 106 3/21/2023 RESOURCES PRESENT: ® Building ❑ Structure ❑ Object MOVED? ® No ❑ Yes ❑ Unknown ❑ Site ❑ District ® Element of District Date: Original Location: ❑ Other STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. By the end of the 1880s, Santa Ana's downtown business district was defined by five city blocks of brick commercial buildings on Fourth Street, with the heart of the city at the intersection of Fourth and Main Streets (Thomas, 8:1). The early 1900s witnessed the construction of many new business blocks or remodels along Fourth and the adjacent streets, and by the 1920s Santa Ana's downtown had expanded in all directions to include both commercial and civic development. The Armory Hall/American Legion Hall was a significant focal point of the community's life. Company L was a source of patriotic pride to Santa Ana, and the role it played in war efforts as well as in peace time crises such as the cleanup following the 1933 Long Beach Earthquake has been chronicled in Charles Swanner's book, The Story of Company L, Santa Ana's Own. This property housed Company L for over 40 years, and was used for drills, as a place of assembly when the unit was called into active duty, and for sponsored activities such as dances and athletic events. The building also possesses architectural interest as an example of the Spanish Colonial Revival of the 1930s, and complements the two Spanish styled buildings around the corner at 309 and 315 West Third Street. Character -defining exterior features of the Armory Hall/American Legion Hall, which should be preserved, include but may not be limited to: brick construction; tile roofing; arched entry; arched and flat -headed window treatments on the fagade; brickwork; round window, and architectural detailing such as the first floor cornice. SUMMARY/CONCLUSION: This building was listed in the National Register of Historic Places in 1984 as a contributor to the Downtown Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. The property is included in the Santa Ana Register of Historical Property and has been categorized as "Landmark" because it "is on the national register," "is on the state register," "has historical/cultural significance to the City of Santa Ana," and "has a unique architectural significance" (Municipal Code, Section 30-2.2). OWNER AND ADDRESS: Page 3 of 4 cm\historic\templates\Birch 313 N (American Legion Hall) 8/23/01 City Council 21 — 107 3/21/2023 RECORDED BY: (Name, affiliation, and address) Leslie J. Heumann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: July 30, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) Les, Kathleen. "Santa Ana Historic Survey, Final Resources Inventory: Downtown." May 1980. Thomas, Harold M. "Downtown Santa Ana Historic District" National Register nomination form, 1984. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Heritage Orange County and City of Santa Ana, Downtown Walking Tour, Santa Ana, 1986. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Swanner, Charles D. The Story of Company L, Santa Ana's Own. Claremont: Fraser Press, 1954. EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: July 30, 2001 EXPLANATION OF CODES: National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) A: that are associated with events that have made a significant contribution to the broad patterns of our history. C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. Page 4 of 4 cm\historic\templates\Birch 313 N (American Legion Hall) 8/23/01 City Council 21 — 108 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 21 — 109 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 21 —110 3/21/2023 Planning and Building Agency Item # e City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report November 3, 2022 Topic: HPPA No. 2022-19— Armory Hall/American Legion Hall RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Liennette Chung for the property located at 313 N. Birch Street, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Liennette Chung, representing Wild Orchid Investments LLC, a California Limited Liability Company, is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 313 N. Birch Street that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Armory Hall/American Legion Hall, consists of an existing Mission/Spanish Colonial Revival building that is approximately 15,924 square feet in size on a 9,700-square-foot lot (Exhibit 2). The Armory Hall/American Legion Hall was added to the Santa Ana Register of Historical Properties ("Register") in 2001 and categorized as "Landmark." In addition, the Armory Hall/American Legion Hall was listed in the National Register of Historic Places in 1984 as a contributor to the Downtown Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. Analysis of the Issues Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties. The property is listed on the Register and categorized as Contributive, making it eligible for a Mills Act Agreement. The agreement provides Historic Resnurces Commissinn e — 1 11 /3/2022 City Council 21 —111 3/21/2023 Exhibit 6 HPPA No. 2022-19 — Armory Hall/American Legion Hall November 3, 2022 Page 2 monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The Armory Hall/American Legion Hall was listed in the National Register of Historic Places in 1984 as a contributor to the Downtown Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. In 2001, the Historic Resources Commission placed the Armory Hall/American Legion Hall on the Register and within the "Landmark" category because it "is on the national register," "is on the state register," "has historical/cultural significance to the City of Santa Ana," and "has a unique architectural significance." Character -defining exterior features of the Armory Hall/American Legion Hall that should be preserved include, but may not be limited to: a two-story high archway located at the southwest corner of the building; deeply recessed doorway within the barrel-vaulted space; fenestration; flat roofed three-story wing; arched windows beneath a projecting cornice; projecting bricks; and shallowly recessed panel containing the current name of the building, "Santa Ana Veterans Hall" on a blue tiled background. In 2019, the property underwent improvements including interior demolition to remove existing non -bearing partition walls to create more open space within the interior of the building. The overall work included tenant improvements to install new interior windows for each office and new interior partitions to create cubicle spaces on both floors. During this time, there were no exterior changes or alterations to the building. However, during the site visit, staff noted that the building has been modified from its 1934 appearance by the enclosure of some windows and the removal of stucco facing. Staff will work with the property owner to address these concerns as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement for this property. As part of the mills act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Historic Resources Commission e — 2 11 /3/2022 City Council 21 —112 3/21/2023 HPPA No. 2022-19 — Armory Hall/American Legion Hall November 3, 2022 Page 3 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-104 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $3,017.77 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500' Radius Map 3 - Site Photos — 313 N. Birch Street 4 - HRC Resolution (313 N. Birch Street) 5 - Action Minutes HRC (313 N. Birch Street) Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission e — 3 11 /3/2022 City Council 21 —113 3/21/2023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Wild Orchid Investments LLC, a California Limited Liability Company, (hereinafter collectively referred to as "Owner"), owner of real property located at 313 N. Birch Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 313 N. Birch Street, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 21 —114 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on February 8, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nomenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. Historic Resnurces Commissinn e — 5 11 /3/2022 City Council 21 —115 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the Historic Resnurces Cnmmissinn e — 6 11 /3/2022 City Council 21 —116 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 313 N. Birch Street, Assessor Parcel Number, 398-591-10, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying Historic Resnurces Cnmmissinn _ e — 7 11 /3/2022 City Council 21 —117 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Wild Orchid Investments, LLC 207 Ocean Place Seal Beach, CA 90740 Attn: Liennette Chung 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Historic Resnurces Commissinn e — S 11 /3/2022 City Council 21 —118 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Historic Resnurces Commissinn e — 9 11 /3/2022 City Council 21 —119 3/21/2023 ATTEST: MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 CITY OF SANTA ANA KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: Liennette Chung Wild Orchid Investments LLC, a California Limited Liability Company APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: "V. JOA M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency Historic Resnurces Commissinn e — 10 11 /3/2022 City Council 21 — 120 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: COMMENCING ON THE EAST LINE OF BIRCH STREET AT A POINT 110 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 38 OF "THE BIRCH ADDITION TO SANTA ANA", AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 145 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE EAST, PARALLEL WITH FOURTH STREET IN SAID CITY, 115 FEET; THENCE SOUTH PARALLEL WITH BIRCH STREET, 65 FEET TO THE NORTH LINE OF LOT 50 OF "THE PARK ADDITION TO SANTA ANA", AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 30 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE WEST 115 FEET TO THE EAST LINE OF BIRCH STREET; THENCE NORTH 65 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 40 OF "THE BIRCH ADDITION TO SANTA ANA", AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 145 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA AND SECTION 12, TOWNSHIP 3 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING 110 FEET NORTH AND 115 FEET EAST OF THE INTERSECTION OF THE NORTH LINE OF THIRD STREET WITH THE EAST LINE O BIRCH STREET, BEING THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO SANTA ANA ARMORY HALL, RECORDED JULY 26, 1910 IN BOOK 172, PAGE 342 DEEDS; THENCE EAST ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF THE LANDS SO CONVEYED, 35 FEET; THENCE SOUTH 65 FEET TO THE NORTHEAST CORNER OF LOT 50 OF "THE PARK TRACT ADDITION OF SANTA ANA", AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 30 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE WEST, ALONG THE NORTH LINE OF LOT 50, A DISTANCE OF 35 FEET TO THE SOUTHEAST CORNER OF THE LAND CONVEYED TO SAID SANTA ANA ARMORY HALL; THENCE NORTH 65 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 398-591-10 Historic Resnurces Commissinn e — 11 11 /3/2022 City Council 21 — 121 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 Historic Resources Commission e — 12 11 /3/2022 City Council 21 — 122 3/21/2023 NAME Armory Hall/American Legion Hall REF. NO. 128 ADDRESS 313 North Birch Street CITY Santa Ana ZIP 1 92701 ORANGE COUNTY YEAR BUILT 1911 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT I Downtown Santa Ana NEIGHBORHOOD I N/A NATIONAL REGISTER CRITERIA FOR EVALUATION A, C NATIONAL REGISTER STATUS CODE 1D Location: ❑ Not for Publication ® Unrestricted USGS 7.5" Quad Date: T R '/4 of '/4 of Sec B.M. ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. cmNstori6templat" sto ri(NRP%nttrePq-('Lr)rnrnlsslOn P — 13 11 /3/2022 8/23/01 City Council 21 — 123 3/21/2023 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) September 26, 1983. Rebuild and seismic rehab March 6, 1984. Tenant improvements RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None : (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) The appearance of this two and three-story brick building dates to its post 1933 earthquake reconstruction and substantial rehabilitation in 1984. An example of the Spanish Colonial Revival style, the building is asymmetrical in its composition, with exposed red brick exterior walls. The focal point of the design is the entry, a two-story high archway located at the southwest corner of the building. The actual doorway is deeply recessed within the barrel-vaulted space. Set high up on the fagade next to the opening, a single bulls eye window is the only other feature of this wing, which is crowned by a red tile shed roof. To the north, the flat roofed three-story wing features a row of arched windows beneath a projecting cornice over the first floor. Other notable details of this wing include a row of projecting bricks, which suggest a frieze below the roofline, and shallowly recessed panel containing the current name of the building, "Santa Ana Veterans Hall" on a blue tiled background. In good condition, the building has been modified from its 1934 appearance by the enclosure of some windows and the removal of its stucco facing. Note: This property has a fagade easement with Heritage Orange County. HISTORIC HIGHLIGHTS: The Armory Hall/American Legion Hall was built in stages, with the first construction taking place around 1910, a rear addition made in 1922, an entirely new fagade created following the Long Beach Earthquake in 1934, and substantial rehabilitation occurring in 1983-84 (Thomas). It was constructed as the third home of Santa Ana's Company L Armory (the first was up the street at 400 West Fourth Street, the second at 214'/z East Fourth Street), and was utilized for that purpose from 1910 until the mid-1950s. Founded as the Santa Ana National Guard Company F in 1890, the unit changed its name to Company L when it was called to active duty during the Spanish American War in 1898. The organization played an important dual role in the community, as a vehicle for military service and as a community institution that sponsored social and civic events. Members of Company L provided assistance in the aftermaths of both the 1906 San Francisco Earthquake and Fire and the 1933 Long Beach Earthquake, and went on to serve in World Wars I and II, the Korean War, and the Vietnam War. In World War II, the building was utilized as the West Coast Army Training Center and was used as a broadcasting station. The name of the unit was changed to Company A, 161" Armored Infantry Battalion in 1954 (Marsh). RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) (HP13) Community Center/Social Hall (HP34) Military Property cmNstori6templat" sto ri(NRP%nttrePga(LnrnrnlsslOn P — 14 11 /3/2022 8/23/01 City Council 21 — 124 3/21/2023 RESOURCES PRESENT: ® Building ❑ Structure ❑ Object MOVED? ® No ❑ Yes ❑ Unknown ❑ Site ❑ District ® Element of District Date: Original Location: ❑ Other STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. By the end of the 1880s, Santa Ana's downtown business district was defined by five city blocks of brick commercial buildings on Fourth Street, with the heart of the city at the intersection of Fourth and Main Streets (Thomas, 8:1). The early 1900s witnessed the construction of many new business blocks or remodels along Fourth and the adjacent streets, and by the 1920s Santa Ana's downtown had expanded in all directions to include both commercial and civic development. The Armory Hall/American Legion Hall was a significant focal point of the community's life. Company L was a source of patriotic pride to Santa Ana, and the role it played in war efforts as well as in peace time crises such as the cleanup following the 1933 Long Beach Earthquake has been chronicled in Charles Swanner's book, The Story of Company L, Santa Ana's Own. This property housed Company L for over 40 years, and was used for drills, as a place of assembly when the unit was called into active duty, and for sponsored activities such as dances and athletic events. The building also possesses architectural interest as an example of the Spanish Colonial Revival of the 1930s, and complements the two Spanish styled buildings around the corner at 309 and 315 West Third Street. Character -defining exterior features of the Armory Hall/American Legion Hall, which should be preserved, include but may not be limited to: brick construction; tile roofing; arched entry; arched and flat -headed window treatments on the fagade; brickwork; round window, and architectural detailing such as the first floor cornice. SUMMARY/CONCLUSION: This building was listed in the National Register of Historic Places in 1984 as a contributor to the Downtown Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. The property is included in the Santa Ana Register of Historical Property and has been categorized as "Landmark" because it "is on the national register," "is on the state register," "has historical/cultural significance to the City of Santa Ana," and "has a unique architectural significance" (Municipal Code, Section 30-2.2). OWNER AND ADDRESS: cmNstori6templat" sto ri(NRP%nttrePga(LnrnrnlsslOn P — 15 11 /3/2022 8/23/01 City Council 21 — 125 3/21/2023 RECORDED BY: (Name, affiliation, and address) Leslie J. Heumann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: July 30, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) Les, Kathleen. "Santa Ana Historic Survey, Final Resources Inventory: Downtown." May 1980. Thomas, Harold M. "Downtown Santa Ana Historic District" National Register nomination form, 1984. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Heritage Orange County and City of Santa Ana, Downtown Walking Tour, Santa Ana, 1986. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Swanner, Charles D. The Story of Company L, Santa Ana's Own. Claremont: Fraser Press, 1954. EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: July 30, 2001 EXPLANATION OF CODES: National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) A: that are associated with events that have made a significant contribution to the broad patterns of our history. C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 11): Contributor to a listed district. cmNstori6templat" sto ri(NRP%narciP -(i nrnrnlsslOn P — 16 11 /3/2022 8/23/01 City Council 21 — 126 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Histnric Resnurces Cnmmissinn e — 17 11 /3/2022 City Council 21 — 127 3/21/2023 MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Historic Resnurces Commissinn e — 18 11 /3/2022 City Council 21 — 128 3/21/2023 � St v a � .r: a I- rr i7- •� CJ CY f i-7 r rt ���� � � •t � � rt � rt i-7 _ i � CJ N r CJ C}7 . 'W.4th.S, - a,.��'� j .'• -��... ..'� .�. .. : �..:lr�'-� cps — ' CJ-i' t TL i,J •i V 4M • � V V iJ1 .1 L.l M1.1 Y �. C} ,ly • L SITE • �• a y[drno249 Birch Par< I• # MIL Lift li3 `v r J . J 11 INTO W HPPA 2022-19 313 N. BIRCH STREET ARMORY HALUAMERICAN LEGION HALL PLANNING AND BUILDING AGENCY Historic Resnurces Commissinn e — 19 11 /3/2022 City Council 21 — 129 3/21/2023 HPPA-2022-19 ARMORY HALL/AMERICAN LEGION HALL 313 N. Birch Street SITE PHOTOS EXHIBIT 3 Historic Resnurces Commissinn e — 20 11 /3/2022 City Council 21 — 130 3/21/2023 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 Kdo/8131 /01 RESOLUTION NO.2001-25 A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA PLACING THE HISTORIC STRUCTURES LOCATED AT 313 NORTH BIRCH STREET, 322-326 WEST FOURTH STREET, AND 207 WEST SECOND STREET WITHIN AN ESTABLISHED CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 3, 1997, the City Council of the City of Santa -Ana by Resolution number 97-046A placed the following historic properties on the Santa Ana Register of Historic Properties: Historic Name Address Armory Hall/ American Legion Hall 313 North Birch Street, Santa Ana West End Theatre 322-326 West Fourth Street, Santa Ana' Southern Counties Gas Company 207 West Second Street, Santa Ana B. The Armory Hall/ American Legion Hall, located at 313 North Birch Street, Santa Ana, is listed on both the National Register and State Register. 1. This building has a historical and cultural significance to the City of Santa Ana because of its role as the Company L Armory, which was a significant focal point in the community's life in the early 1900's. 2. It has a unique architectural significance as an example of the Spanish Colonial Revival architecture of the 1930's. 3. Based upon the foregoing, the subject property meets the minimal standards of the landmark category pursuant to Section 30-2.2(1) of the Santa Ana Municipal Code. ' This property was erroneously listed as 324 West Fourth Street in Resolution No. 97-046A; this address is the correct address for this property. Historic Resnurces Cnmmissinn e — 21 11 /3/2022 City Council 21 — 131 ReN 1IQRA. 2001-25 Page 1 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 4. The legal owner of the subject property is CM Legion. 5. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. C. The West End Theatre located at 322-326 West Fourth Street, Santa Ana, historical and cultural significance to the City of Santa Ana as the most prestigious early playhouses and movie houses in the City. 1. This building is an example of early theater design and for its remarkable use of glazed brick and thus has a unique architectural significance. 2. Based upon the foregoing, the subject property meets the minimal standards of the landmark category pursuant to Section 30-2.2(1) of the Santa Ana Municipal Code. 3. The legal owner of the subject property is CM Legion. 4. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. D. The Southern Counties Gas Company, located at 207 West Second Street, Santa Ana, is listed on both the National Register and State Register. 1. This building has a historical and cultural significance to the City of Santa Ana due to the historic importance of pioneering gas service in Santa Ana. Service began with the installation of gas mains and streetlights in 1886. 2. It has a unique architectural significance because of the building's pristine version of Georgian Revival architecture. 3. Based upon the foregoing, the subject property meets the minimal standards of the landmark category pursuant to Section 30-2.2(1) of the Santa Ana Municipal Code. 4. The legal owner of the subject property is Ofelia Castellanos. 5. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Section 2. The subject properties meet the minimal standards are hereby designated a landmark category pursuant to Section 30-2.2(1) of the Santa Ana Municipal Code. Section 3. For the subject properties, the reports for each property entitled "Historical Property Description"," is on file in the office of the Clerk of the Council, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for designation of each of the above properties as a landmark structure. The Clerk of Historic Resnurces Cnmmissinn e — 22 11 /3/2022 ResoQAP "..MG4-25 21 — 132 3/21/2023 Page 2 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 the Council is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Property. Section 4. The Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution. Section 5. This Resolution shall take effect immediately upon its adoption by the Historic Resources Commission, and the Commission Secretary shall attest to and certify the Vote adopting this Resolution. ADOPTED this 61h day of September, 2001 by the following vote: AYES: Commission members: Chinn, Corpin, Gartner, Giles, Kings, O'Callaghan (6) NOES: Commission members: None (0) ABSTENTION: Commission members: None (0) NOT PRESENT: Commission members: Bustamante, Richardson (2) ATTEST: u JohOnfecretary Co miss Planning and Building Agency &2o!'s'e nne arcia OmS6 Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: L , Kylef)- .Odette Deputy City Attorney Historic Resources Commission e — 23 11 /3/2022 City Council 21 — 133 F6049WOO. 2001-25 Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2001-25 to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on 6 Date: 1< /,5/ o, missi cretary City of nta Ana Historic Resources Commission e — 24 11 /3/2022 Resol0lyi QP..LMGH -25 21 — 134 3/21 /2023 Page 4 of 4 e 0 N ACTION MINUTES OF THE HISTORIC RESOURCES COMMISSION CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA SEPT-EMBER 6, 2001 ROLL CALL 5:46 P.M. All Members present except Commissioner Bustamante PROCEDURAL RULES PUBLIC HEARINGS HISTORIC RESOURCES COMMISSION APPLICATION NO. 2001-22, HISTORIC REGISTER CATEGORIZATION NO. 2001-78 To place and categorize the structure located at 517 East Fourteenth Street as Landmark (Santa Ana Water Tower) on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: August 27, 2001 PUBLICLY NOTICED: August 23, 2001 RECOMMENDATION: Adopt a resolution approving Historic Resources Commission Application No. 2001-22. 2. Adopt a resolution approving Historic Register Categorization No. 2001-78. Pedro Guillen, Assistant Planner I, presented the staff report and recommendation, Madame Chair Kings opened the public hearing at 5:49 p.m. No written communications were received and there were no speakers on the matter. Madame Chair Kings closed the public hearing at 5:49 p.m. Commissioner Corpin inquired which water tower in the state is the largest. Staff will investigate and report back. Commissioner Giles requested modification to Page 2 of Exhibit 1 under "Historic Highlights" last sentence to be revised from "to date" to "in 2001." Motion to 1) adopt a resolution approving Historic Resources Commission Application No. 2001-22; and 2) adopt a resolution approving Historic Register Categorization No. 2001-78 with modification to template. MOTION: Giles SECOND: Corpin AYES: Chinn, Corpin, Gartner, Giles, Kings, O'Callaghan (6) NOES: None (0) ABSENT: Bustamante, Richardson (2) ABSTENTION: None (0) 2. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2001-24 HISTORIC REGISTER CATEGORIZATION NO. 2001-80 To place and categorize the structure located at 312-316 East Fourth Street as Contributive (Commercial Building) on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: August 27, 2001 PUBLICLY NOTICED: August 23, 2001 Historic Resnurcps C�nm�-,.inn e — 26 11 /3/2022 City Council HSTORIC RESOURCES COMMON MINUTE421 - 1336 3/2TMV0" RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2001-24. 2. Adopt a resolution approving Historic Register Categorization No. 2001-80. Pedro Guillen, Assistant Planner 1, presented the staff report and recommendation. Madame Chair Kings opened the public hearing at 5:55 p.m. No written communications were received and there were no speakers on the matter. Madame Chair Kings closed the public hearing at 5:55 p.m. Commissioner Chinn noted on Page 1 of Exhibit 1 name of building should be modified to "Semi -Tropic #1" and insert Reference No. 198. Madame Chair inquired if the historic district definition is officially considered downtown. Staff will verify and correct if necessary. Motion to 1) adopt a resolution approving Historic Resources Commission Application No. 2001-24; 2) adopt a resolution approving Historic Register Categorization No. 2001-80; 3) modify building name to Semi -Tropic #1; 4) add Reference No. 198; and 5) have staff verify districts. MOTION: Chinn SECOND: Giles AYES: Chinn, Corpin, Gartner, Giles, Kings, O'Callaghan (6) NOES: None (0) ABSENT: Bustamante, Richardson (2) ABSTENTION: None (0) 3. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2001-25, HISTORIC REGISTER CATEGORIZATION NO. 2001-81 To place and categorize the structure located at 318-320 East Fourth Street as Key (Musselman Block) on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: August 27, 2001 PUBLICLY NOTICED: August 23, 2001 RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2001-26, 2. Adopt a resolution approving Historic Register Categorization No. 2001-81. Pedro Guillen, Assistant Planner I, presented the staff report and recommendation. Madame Chair Kings opened the public hearing at 6:00 p.m. No written communications were received and there were no speakers on the matter. Madame Chair Kings closed the public hearing at 6:00 p.m. Madame Chair Kings noted the template does not list historic district and neighborhood and requested staff investigate and verify. Commissioner Giles noted modification to Page 3 of Exhibit 1 under "Statement of Significance" last sentence to be added "Character -defining exterior features of the Musselman Block `which should be preserved' include;, but may not be limited to:" Historic RPsourc:Ps Commission P — 27 11 /3/T,2022 City Council HISTORIC RESOURCES COMMISSIONMINUTE�1 — 1341 3/,$1P/T,�fjQ�Y2001 Motion to 1) adopt a resolution approving Historic Resources Commission Application No. 2001-25; and 2) adopt a resolution approving Historic Register Categorization No. 2001-81; 3) add "which should be preserved" in the Statement of Significance; and 4) have staff verify districts, neighborhood and reference number in the template. MOTION: Giles SECOND: Chinn AYES: Chinn, Corpin, Gartner, Giles, Kings, O'Callaghan (6) NOES: None (0) ABSENT: Bustamante, Richardson (2) ABSTENTION: None (0) 4. HISTORIC REGISTER CATEGORIZATION NO.'S 2001-89 AND 2001-90 To categorize various structures on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: August 27, 2001 PUBLICLY NOTICED: August 23, 2001 —T RECOMMENDED ADDRESS STRUCTURE NAME CATEGORY _ 225-227 North Broadway and 214, Pacific Building Key 216 and 220 West Third Street 89 402-408 West Fourth Street 90 Lawrence Building Key RECOMMENDATION: Adopt a resolution approving Historic Register Categorization Nos. 2001-89 and 2001- 90. Pedro Guillen, Assistant Planner I, presented the staff report and recommendation. Madame Chair Kings opened the public hearing at 6:04 p.m. No written communications were received and there were no speakers on the matter. Madame Chair Kings closed the public hearing at 6:04 p.m. Motion to adopt a resolution approving Historic Register Categorization Nos. 2001-89 and 2001-90. MOTION: Giles SECOND: Gartner AYES: Chinn, Corpin, Gartner, Giles, Kings, O'Callaghan (6) NOES: None (0) ABSENT: Bustamante, Richardson (2) ABSTENTION: None (0) 5. HISTORIC REGISTER CATEGORIZATION NO.'S 2001-85 AND 2001-87 THROUGH 2001-88 To categorize various structures on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: August 27, 2001 PUBLICLY NOTICED: August 23, 2001 ADDRESS -- �� I STRUCTURE NAME RECOMMENDED CATEGORY 313 North Birch Street (85) Armory Hall/American Legion Hall Landmark _ 322-326 West Fourth Street 87 West End Theatre Landmark 207 West Second Street (88) Southern Counties Gas Company Landmark RECOMMENDATION: Histnric Resnurcp2Cnmmjssinn e — 28 11/3/x202f2 City Council HISTORIC RESOURCES COMMISSIONMINUTE$,1 — 118 3/2 1r/� �i6,2011 Adopt a resolution approving Historic Register Categorization Nos, 2001-85 and 2001-87 through 2001-88. Pedro Guillen, Assistant Planner I, presented the staff report and recommendation. Madame Chair Kings opened the public hearing at 6:08 p,m. No written communications were received and there were no speakers on the matter. Madame Chair Kings closed the public hearing at 6:08 p.m. Madame Chair Kings inquired it the current work at the building requires a permit. Mr. View noted a permit has been obtained. Madame Chair Kings asked that it be noted in the Construction History. Staff will add "Remediation in year 2000-2001." Madame Chair Kings requested that "Colonial Revival (Georgian)" be listed under Architectural Style. Motion to adopt a resolution approving Historic Register Categorization Nos. 2001-85 and 2001-87 through 2001-88 with modifications to template. MOTION: Corpin SECOND: O'Callaghan AYES: Chinn, Corpin, Gartner, Giles, Kings, O'Callaghan (6) NOES: None (0) ABSENT: Bustamante, Richardson (2) ABSTENTION: None (0) 6. HISTORIC REGISTER CATEGORIZATION NO.'S 2001-86 AND 2001-95 THROUGH 2001-100 To categorize various structures on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: August 27, 2001 PUBLICLY NOTICED: August 23, 2001 ADDRESS STRUCTURE NAME RECOMMENDED CATEGORY 201 West First Street 86 _ Zerman Building Contributive 209-211 West Fourth Street (95) Semi -Tropic Contributive 213-217 West Fourth Street 96 Hawle 's Sporting Goods Contributive 301-309 West Fourth Street 97 Phillips Block Building Contributive 400 West Fourth Street (98) Old Company L Armory/Mills & Edwards Feed Store Contributive 412 West Fourth Street (99) Parsons Apartments Annex Contributive 414 West Fourth Street (100) Parsons Apartments Contributive RECOMMENDATION: Adopt a resolution approving Historic Register Categorization Nos. 2001-86 and 2001-95 through 2001-100. Pedro Guillon, Assistant Planner I, presented the staff report and recommendation. Madame Chair Kings opened the public hearing at 6:16 p.m. No written communications were received and there were no speakers on the matter. Madame Chair Kings closed the public hearing at 6:16 p.m. HISTORIC RESOURCES COMMISSIONMINUTE521 — 136 City Council 9 3� 2001 Motion to adopt a resolution approving Historic Register Categorization Nos. 2001-86 and 2001-95 through 2001-100. MOTION: Chinn SECOND: Corpin AYES: Chinn, Corpin, Gartner, Giles, Kings, O'Callaghan (6) NOES: None (0) ABSENT: Bustamante, Richardson (2) ABSTENTION: None (0) PUBLIC COMMENTS 7. Oral Comments — Comments from the Public There were no public comments. STAFF AND COMMISSION COMMENTS 8. Comments from Staff Mr. View • Announced the annual downtown celebration "Fiestas of the Americas," from September 14-16 in Downtown Fourth Street. • Provided an update on the Masonic Temple noting it is fully operational and is promoting dinner theater and special events. • Noted the awnings at the Santora Building are retractable, and that construction for Memphis Restaurant is underway. • Provided an update on One Broadway Plaza, and anticipate to have the draft EIR out by December for action in spring 2002. • Provided an update on various projects in the downtown area. Mr. Edwards • Announced the Template Committee will be receiving their packets on Monday for the next meeting on Friday, September 14 at 3 p.m. • Announced the Housing Element won an APA award of merit from the State and will submit nomination to Chicago for national award. 9. Comments from Historic Resources Commission Commissioner O'Callaghan • Noted he was pleased to be back and thanked staff for all their hard work. Commissioner Chinn • Announced the Wilshire Square Neighborhood Fall Festival, Home Tour and Tea on Saturday, October 13 and Sunday, October 14 from 10 a.m. to 3 p.m, • Announced a tour of historic Arroyo Seco region's modern homes sponsored by Pasadena & Foothill Chapter of the American Institute of Architects and Highland Park Heritage on Sunday, September 30 from 10 a.m. to 4 p,m, • Requested modification on web site where stated "any property on the local register proposing exterior modification, relocation and demolition, this historical structure 'must have' request reviewed first and a public hearing conducted by the Commission." Requested it be modified noting the benefits of getting on the list such as loan programs and Mills Act, • Noted the YMCA building is in dire need of clean-up and noticed electrical work being performed. Mr. View provided an update on the building and Taller San Jose noting they are reorganizing their business plan to relocate industrial part of their use and staff requested they clear out storage use at the YMCA; and will investigate inquiry on the electrical and report back to Commission. • Inquired on what is envisioned for the Phillips Block Building. Mr. View noted there are three components envisioned which consist of office use, bakery and possibly lofts. Larry Yenglin, Redevelopment Project Manager, will be invited to provide a presentation to the Commission on the project. Historic Resources Commission e — 30 11 /3/2022 City Council HISTORIC RESOURCES COMMISSION MINUTES21 _ 1 ,70 3/�T26n 001 Vice Chair Giles • Announced the Sights & Sounds of Santa Ana which include the Santa Ana Plein Air Arts Festival and the Jazz & Blues Festival to be held September 28-30 with a kick- off art preview and jazz cabaret on Friday evening at the Masonic Temple, • Announced the Red Cross is looking for, docents and historians to speak on tours of their historic 107-year old Victoria Home located in Anaheim; and noted there will be an open house on Sunday, September 23. • Congratulated staff on receiving the Housing Element award and wished luck in the national competition. Commissioner Gartner • Thanked Pedro Guillen for his great presentations. • Noted he will not attend the Broadway tour tomorrow and is looking forward to Broadway being a first class street in Santa Ana. Commissioner Corpin • Thanked staff on their great work adding the pleasure to see their professional work. Madame Chair Kings • Requested to add architectural styles and historical and landmark structures as key words on the city website map. • Inquired what the status was to replace Commissioner Rankin. Mr. View answered that staff is waiting for a resignation letter and will send a written request. Madame Chair Kings requested that staff inform the Councilmember who nominated Commissioner Rankin the need for a new appointment. • Requested an update on Commissioner Richardson. Mr. View noted that staff expressed concern of Commissioner Richardson to Planning Commission Chairman Mondo and have not heard back from him. • Thanked Pedro Guillen noting his staff report summaries capture the essence of the buildings. • Reinforced the need to invite Larry Yenglin to come to a future meeting and provide updates on the Phillips Hutton Block and the YMCA. • Requested staff place on the next agenda the Award Program Committee to recruit members. • Noted the Huscroft House building, which is a former Santa Ana home that moved to Costa Mesa in the 50's and is currently awned by the City of Costa Mesa, is being sold, Costa Mesa issued a Request for Proposals to purchase the building and announced that Heninger Park neighborhood and staff are considering a proposal to bring the home back to Santa Ana; and requested that staff place on the October 4 agenda to take action and endorse the proposal. • Congratulated staff on the Housing Element award. 10. Excuse of Absences Motion by Commissioner Giles and seconded by Commissioner O'Callaghan to excuse the absences of Commissioners Richardson and Bustamante approved unanimously by a vote of 6:0. 11, Adjournment -- 6.39 p.m. - To September 7, 2001 at 2:30 p.m, in the City Hall Ross Annex Conference Room 2002, 20 Civic Center Plaza, Santa Ana, California. Rosa Barela Acting Recording Secretary Historic Resnurces Commissinn e — 31 11 /3/2022 City Council HISTORIC RESOURCES COMMISSIONMINUTES21 — 1,g, 3/2P/y bnl,2901 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Andrew Chu, a Married Man, as his sole and separate property, (hereinafter collectively referred to as "Owner"), owner of real property located at 501 E. Washington Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 501 E. Washington Avenue, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council Exht�#2 142 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on March 22, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 21 — 143 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the City Council 21 — 144 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 501 E. Washington Avenue, Assessor Parcel Number, 398-151-20, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying City Council 21 — 145 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Andrew Chu 501 E. Washington Avenue Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. City Council 21 — 146 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 21 — 147 3/21/2023 ATTEST: Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: JO M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: ANDREW CHU RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 21 — 148 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 6 OF TRACT NO. 140, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE(S) 40, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 398-151-20 City Council 21 — 149 3/21/2023 EXECUTIVE SUMMARY Exhibit B LIGGETT-WALLACE HOUSE 501 East Washington Avenue Santa Ana, CA 92701 NAME Liggett -Wallace House REF. NO. ADDRESS 501 East Washington Avenue CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1921 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE ID Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Liggett -Wallace House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a representative example of the distinguishing characteristics of a Craftsman bungalow from the early 1920s. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the French Park neighborhood through its style and type, is a "good example" of a Craftsman bungalow from the 1920s, and "has not been substantially altered" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 11): Contributor to a listed district. City Council 21 — 150 3/21/2023 City Council 21 — 151 3/21/2023 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #. HRI # Trinomial_ NRHP Status Other Listings Review Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Liggett -Wallace House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 501 East Washington Avenue City Santa Ana Zip 92701 *e. Other Locational Data: Assessor's Parcel Number: 398-151-20; N TR 140 Lot: 6 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Substantially rehabilitated in 1986, this one-story Craftsman bungalow displays a symmetrical, front -gabled fagade dominated by a full -width recessed porch. The porch, including the stick balustrade, handrail, and latticework foundation skirting, have been rebuilt. At the same time, the exterior narrow clapboard sheathing was replaced, aluminum sliding windows installed on the east elevation, and the original garage demolished. Characteristics of the roof treatment include a simply molded raking cornice, deep eaves covering exposed rafters, and beam -ends that emerge near the end -walls. A pair of rectangular, crosshatch vents with typical Craftsman surrounds are centered below the gable peak. Paired six -over -one, wood -framed, double -hung sash windows with Craftsman surrounds flank the centered main entrance. Bisecting a front yard of grass and shrubbery, a concrete path bordered by hedges leads to the entry. An exterior red brick chimney rises from the center of the east elevation. Building permits document a 1929 addition to the house, most likely at the rear. Since the 1986 alterations, the house has been well maintained and retains the character of its original appearance. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view and date) North and east elevations June 2002 *P6. Date Constructed/Age and Sources: ■historic 1921/ Source: National Register Nomination. *P7. Owner and Address: Roberto Gomez 501 E. Washington Avenue Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: July 24, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Marsh, Diann. "French Park Historic District. " National Register Nomination Form, February 1998. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information City Council 21 — 152 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 1D *Resource Name or #: Liggett -Wallace House B1. Historic Name: Liggett -Wallace House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Bungalow/Craftsman *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1921. May 24, 1929. Addition. October 5, 1937. Reroof. August 9, 1948. Reroof. August 18, 1986. Demolish old existing garage only. November 3, 1986. Remove old porch and replace with new, replace exterior doors, new roof, new fagade boards, per Notice of Order November 3, 1986. New 10' x 20' wood frame garage. *137. Moved? ■No []Yes ❑Unknown Date: Original Location: *138. Related Features: None. 139a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) Built in 1921, the Liggett -Wallace House is significant as a representative example of a late Craftsman bungalow. It exhibits the simplification of the earlier Craftsman style that typified the early 1920s, when a few signature elements, such as low- pitched gables with exposed beams and rafters, clapboard siding, and a front porch, were enough to identify the style. The house is also important as a contributor to the French Park Historic District. According to previous research, Delbert and Ruby Liggett were the first occupants of the house in 1921. Mr. Liggett worked for the Bemis Lumber Company. In 1923, Albert and Marion Wallace began a twenty-year residency. Albert Wallace was an engineer with the Santa Fe Railroad (Marsh, 1998). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie J. Heumann *Date of Evaluation: July 24, 2002 (This space reserved for official comments.) MCOUnCII 21 — 153 3/2 �02e DPR 52313YU)d information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Liggett -Wallace House *Recorded by Leslie J. Neumann, Peter C. Moruzzi, SAIC "Date July 24, 2002 ❑x Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of "Santa Ana East" never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree -lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a "Who's Who" of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the "Nob Hill" of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi -family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Liggett -Wallace House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as an intact and representative example of a Craftsman residence from the early 1920s. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of French Park through its style and type, is a `good example" of a Craftsman bungalow of its period, and "has not been substantially altered. " Characteristic Craftsman features include the front -gabled roof, full -width, recessed front porch, exposed beams and rafters, window configuration, and window and door surrounds. Character -defining exterior features of the Liggett -Wallace House that should be preserved include, but may not be limited to: roof configuration; gable vent; massing; original windows; window surrounds; recessed front porch; and architectural details such as exposed rafters and beam ends. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. DPR523LCIty Council 21 — 154 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 21 — 155 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 21 — 156 3/21/2023 Planning and Building Agency Item # c City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report November 3, 2022 Topic: HPPA No. 2022-21— Liggett -Wallace House RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Andrew Chu for the property located at 501 E. Washington Avenue, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Andrew Chu is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 501 E. Washington Avenue that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Liggett -Wallace House, consists of an existing one- story Craftsman bungalow style residence that is approximately 1,440 square feet in size on a 6,200-square-foot residential lot (Exhibit 2). The Liggett -Wallace House was added to the Santa Ana Register of Historical Properties ("Register") in 2002 and categorized as "Contributive." In addition, the Liggett -Wallace House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. Analysis of the Issues Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties. The property is listed on the Register and categorized as Contributive, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in Historic Resnurces Commissinn c — 1 11 /3/2022 City Council 21 — 157 3/21/2023 Exhibit 8 HPPA No. 2022-21 — Liggett -Wallace House November 3, 2022 Page 2 exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The Liggett -Wallace House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. In 2002, the Historic Resources Commission placed the Liggett -Wallace House on the Register and within the "Contributive" category as a representative example of the distinguishing characteristics of a Craftsman bungalow from the early 1920s. Additionally, the house was categorized as "Contributive" because it "contributes to the overall character and history" of the French Park neighborhood through its style and type. Characteristic Craftsman features include the front -gabled roof, full -width, recessed front porch, exposed beams and rafters, window configuration, and window and door surrounds. Character -defining exterior features of the Liggett -Wallace House that should be preserved include, but may not be limited to: roof configuration; gable vent; massing; original windows; window surrounds; recessed front porch; and architectural details such as exposed rafters and beam -ends. Since its listing on the Register in 2002, the property had undergone repairs to the front porch and front steps (2011). In April 2022, the property underwent an interior remodel, which included removing walls between kitchen/dining/living room areas to create an open floor plan. In addition, seventeen (17) aluminum windows (non -period correct) were removed and replaced with new single -hung windows, and sliding wood windows along the rear. The existing double -hung windows along the front elevation were not altered or be replaced, but were instead repaired and maintained. All existing wood windows that are non -period correct (e.g., fixed, sliding, casement, etc.) will be required to be replaced with period correct wood windows (e.g., single -hung) as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement for this property. In addition, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and Historic Resources Commission c — 2 11 /3/2022 City Council 21 — 158 3/21/2023 HPPA No. 2022-21 — Liggett -Wallace House November 3, 2022 Page 3 approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-105 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $653.85 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500' Radius Map 3 - Site Photos — 501 E. Washington Avenue 4 - HRC Staff Report Historic Summary and Resolution (501 E. Washington Ave) 5 - Action Minutes HRC (501 E. Washington Ave) Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission c — 3 11 /3/2022 City Council 21 — 159 3/21/2023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Andrew Chu, a Married Man, as his sole and separate property, (hereinafter collectively referred to as "Owner"), owner of real property located at 501 E. Washington Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 501 E. Washington Avenue, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 21 — 160 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on February 8, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nomenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. Historic Resnurces Commissinn _ (--5 11 /3/2022 City Council 21 — 161 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the Historic Resnurces Commissinn c — 6 11 /3/2022 City Council 21 — 162 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 501 E. Washington Avenue, Assessor Parcel Number, 398-151-20, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying Historic Resnurces Commissinn _ c — 7 11 /3/2022 City Council 21 — 163 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Andrew Chu 501 E. Washington Avenue Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Historic Resnurces Commissinn c — 8 11 /3/2022 City Council 21 — 164 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Historic Resnurces Commissinn c — 9 11 /3/2022 City Council 21 — 165 3/21/2023 ATTEST: Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: JO M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: ANDREW CHU RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Historic Resnurces Cnmmissinn c — 10 11 /3/2022 City Council 21 — 166 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 6 OF TRACT NO. 140, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE(S) 40, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 398-151-20 Historic Resnurces Commissinn c — 11 11 /3/2022 City Council 21 — 167 3/21/2023 EXECUTIVE SUMMARY LIGGETT-WALLACE HOUSE 501 East Washington Avenue Santa Ana, CA 92701 NAME Liggett -Wallace House REF. NO. ADDRESS 501 East Washington Avenue CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1921 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Liggett -Wallace House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a representative example of the distinguishing characteristics of a Craftsman bungalow from the early 1920s. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the French Park neighborhood through its style and type, is a "good example" of a Craftsman bungalow from the 1920s, and "has not been substantially altered" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 11): Contributor to a listed district. Historic Resnurces Commissinn c — 12 11 /3/2022 City Council 21 — 168 3/21/2023 City Council 21 — 169 3/21/2023 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #. HRI # Trinomial_ NRHP Status Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Liggett -Wallace House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 501 East Washington Avenue City Santa Ana Zip 92701 *e. Other Locational Data: Assessor's Parcel Number: 398-151-20; N TR 140 Lot: 6 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Substantially rehabilitated in 1986, this one-story Craftsman bungalow displays a symmetrical, front -gabled fagade dominated by a full -width recessed porch. The porch, including the stick balustrade, handrail, and latticework foundation skirting, have been rebuilt. At the same time, the exterior narrow clapboard sheathing was replaced, aluminum sliding windows installed on the east elevation, and the original garage demolished. Characteristics of the roof treatment include a simply molded raking cornice, deep eaves covering exposed rafters, and beam -ends that emerge near the end -walls. A pair of rectangular, crosshatch vents with typical Craftsman surrounds are centered below the gable peak. Paired six -over -one, wood -framed, double -hung sash windows with Craftsman surrounds flank the centered main entrance. Bisecting a front yard of grass and shrubbery, a concrete path bordered by hedges leads to the entry. An exterior red brick chimney rises from the center of the east elevation. Building permits document a 1929 addition to the house, most likely at the rear. Since the 1986 alterations, the house has been well maintained and retains the character of its original appearance. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view and date) North and east elevations June 2002 *P6. Date Constructed/Age and Sources: ■historic 1921/ Source: National Register Nomination. *P7. Owner and Address: Roberto Gomez 501 E. Washington Avenue Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: July 24, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Marsh, Diann. "French Park Historic District. " National Register Nomination Form, February 1998. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 5231(A%Resources Commission c — 14 11 /3%�ifed information ric City Council 21 — 170 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 1D *Resource Name or #: Liggett -Wallace House B1. Historic Name: Liggett -Wallace House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Bungalow/Craftsman *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1921. May 24, 1929. Addition. October 5, 1937. Reroof. August 9, 1948. Reroof. August 18, 1986. Demolish old existing garage only. November 3, 1986. Remove old porch and replace with new, replace exterior doors, new roof, new fagade boards, per Notice of Order November 3, 1986. New 10' x 20' wood frame garage. *137. Moved? ■No []Yes ❑Unknown Date: Original Location: *138. Related Features: None. 139a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) Built in 1921, the Liggett -Wallace House is significant as a representative example of a late Craftsman bungalow. It exhibits the simplification of the earlier Craftsman style that typified the early 1920s, when a few signature elements, such as low- pitched gables with exposed beams and rafters, clapboard siding, and a front porch, were enough to identify the style. The house is also important as a contributor to the French Park Historic District. According to previous research, Delbert and Ruby Liggett were the first occupants of the house in 1921. Mr. Liggett worked for the Bemis Lumber Company. In 1923, Albert and Marion Wallace began a twenty-year residency. Albert Wallace was an engineer with the Santa Fe Railroad (Marsh, 1998). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie J. Heumann *Date of Evaluation: July 24, 2002 (This space reserved for official comments.) Historic Resources Commission c — 15 11 /3/2022 DPR 523By11/n�COUr1Cll 21 - 171 3/2 1��?ed information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Liggett -Wallace House *Recorded by Leslie J. Neumann, Peter C. Moruzzi, SAIC "Date July 24, 2002 ❑x Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of "Santa Ana East" never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree -lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a "Who's Who" of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the "Nob Hill" of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi -family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Liggett -Wallace House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as an intact and representative example of a Craftsman residence from the early 1920s. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of French Park through its style and type, is a `good example" of a Craftsman bungalow of its period, and "has not been substantially altered. " Characteristic Craftsman features include the front -gabled roof, full -width, recessed front porch, exposed beams and rafters, window configuration, and window and door surrounds. Character -defining exterior features of the Liggett -Wallace House that should be preserved include, but may not be limited to: roof configuration; gable vent; massing; original windows; window surrounds; recessed front porch; and architectural details such as exposed rafters and beam ends. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Historic Resources Commission c — 16 11 /3/2022 DPR523LCIty Council 21 — 172 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Histnric Resnurces Cnmmissinn c — 17 11 /3/2022 City Council 21 — 173 3/21/2023 MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Historic Resnurces Commissinn c — 18 11 /3/2022 City Council 21 — 174 3/21/2023 +r + 14,-777 FT a �i 131 Feet Y� \ ' HPPA 2022-21 501 E. WASHINGTON AVENUE LIGGETT-WALLACE HOUSE PLANNING AND BUILDING AGENCY Historic Resnurces Commissinn c — 19 11 /3/2022 City Council 21 — 175 3/21/2023 HPPA-2022-21 LIGGETT-WALLACE HOUSE 501 E. WASHINGTON AVENUE SITE PHOTOS EXHIBIT 3 Historic Resnurces Commissinn c — 20 11 /3/2022 City Council 21 — 176 3/21/2023 REQUEST FOR Historic Resources Commission Action NOVEMBER TITLE: PUBLIC HEARING - HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2002-54, 56 AND 59; AND HISTORIC REGISTER CATEGORIZATION NOS. 2002-136, 138 AND 141 TO PLACE AND CATEGORIZE VARIOUS STRUCTURES ON THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES Prepared by Lynnette Perry Deputy City Manager RECOMMENDED ACTION 1. Adopt a resolution approving Application Nos. 2002-54, 56 and 59. APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Historic Resources Commission 2. Adopt a resolution approving Historic Register Categorization Nos. 2002--136, 1.38 and 141. DISCUSSION Request of Applicant The City of Santa Ana requests that the ,structures located at the following addresses be placed and categorized as Contributive on the Santa Ana Register of Historical Properties. 6 501 East Washington Avenue, Liggett -Wallace House (Exhibit 1) • 1225 North French Street, Davis -Hoy House (Exhibit 2) • 215 South Cypress Avenue, Sylvester House (Exhibit 3) Analysis of the Issues The structures identified meet the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code. The Historic Resnurces Cnmmissinn c - 21 11 /3/2022 City Council 21 - 177 3/21/202331, -Historic Resources Commission Application Nos. 2002-54, 56 and 59 Historic Register Categorization Nos. 2002-136, 138 and 141 November 7, 2002 Page 2 first benchmark for selection requires that the structures be 50 or more years old. The structures also meet the minimum criteria to be categorized as Contributive pursuant to criteria contained in Section 30-2.2 of the Santa Ana Municipal Code. The code criteria for Contributive designation is as follows: The building, landmark, or district contributes to the overall character- and history of a neighborhood or district, is a good example of period architecture and has not been substantially altered. The properties included in this request are as follows: • 501 East Washington Avenue, Liggett -Wallace House. The 1921 structure is eligible for listing on the Register as it exemplifies the simplicity and distinguishing characteristics of the earlier Craftsman bungalow style. It is eligible to be placed within the Contributive category as it contributes to the overall character and history of the French Park neighborhood through its Craftsman style and type from the early 1920s. The modest symmetrical Craftsman style bungalow is a good example of period architecture, which is illustrated by its low-pitched gabled roof with exposed beams and rafter tails, a full -width, recessed porch and window configuration. Narrow clapboard sheathes the exterior. Additionally, the structure has not been substantially altered and is listed in the National and State Registers as a contributor to the French Park Historic District. e 1225 North French Street, Davis -Hoy House. The Davis -Hoy. House is eligible for inclusion on the Register as a representative example of the American Foursquare variant of the Prairie style architecture common in the first decade of the twentieth century. Additionally, it is eligible for inclusion based upon its association with two prominent early citizens, Samuel Davis and William Hoy. Mr. Davis was a district attorney for the County of Orange, a partner in a prestigious law firm, and one of the founders of the Orange County Historical Society. In 1920, William Hoy, a Cornell University graduate and civil engineer, purchased the home. After serving as City Engineer of Santa Ana from 1919 to 1922, Mr. Hoy went into private practice working for a number of local water companies. City Council 21 — 178 3/21/2023 ...Historic Resources Commission Application Nos. 2002-54, 56 and 59 Historic Register Categorization Nos. 2002-136, 138 and 141 November 7, 2002 Page 3 The Davis -Hoy House is also eligible to be placed within the Contributive category as a good example of the American Foursquare variant style which is illustrated by the two-story box -like massing, bellcast-hipped roof with dormers, deep eaves, recessed front porch and window treatment. A wide belt course divides the lower narrow clapboard finish and the stucco finish on the upper portion. The structure has not been substantially altered and is listed in the National and State Registers as a contributor to French Park Historic District. 215 South Cypress Avenue, Sylvester House. The Sylvester House, built in 1905, is eligible for inclusion on the Register as it exemplifies the distinguishing characteristics of the Colonial Revival style from the early twentieth century. Additionally, the substantially unaltered structure is eligible to be placed within the Contributive category as it contributes to the overall character and history of the Eastside neighborhood as a good example of a Colonial Revival cottage. This style is illustrated by the box -like massing, hipped roof with gable dormer, boxed cornices and carved brackets, window treatment and recessed porch with Tuscan columns. The exterior is sheathed in clapboard and shingles. It is noteworthy as a surviving older home in the Eastside Neighborhood and has not been substantially altered. Based on findings consistent with criteria established in Chapter 30 of the Santa Ana Municipal Code, it is recommended that the Historic Resources Commission approve the actions as noted. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemptions will be filed for this project. Lynnette Perry, AIQV dissociate Planner Maya e osa Senio Planner L P : JM 1p\Ili storiaC Historic Resources Cnmmissinn c — 23 11 /3/2022 City Council 21 — 179 3/21/2023 U E,XEMPT•FROM FEES PURUSANT TO UU1/ERNMENT CODE, § 6103 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY OF SANTA ANA, HISTORIC RESOURCES COMMISSION AND WHEN RECORDED MAIL TO: LAURAJOHNSON CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, M20 P.O. BOX 1988 SANTA ANA, CA 92702 Recorded in Official Records, County of Orange Darlene Bloom, Clerk -Recorder Illlll11l1I1IIiI111111111illlli�111111111111111111131111111i1I11W FEE 200200115139410.50am 12/17102 130 11 R28 6 G 00 0.00 0.00 0_00 0.00 0.00 0.00 0 00 This Space For Recorder's Use On RESOLUTION NO. 2002-35 JAN 0 12003 -jANTA ANA f ILMNING i1E A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA PLACING THE PROPERTIES LOCATED AT 501 EAST WASHINGTON AVENUE, AND 1225 NORTH FRENCH STREET, 215 SOUTH CYPRESS AVENUE ON THE SANTA ANA REGISTER OF HISTORIC PROPERTIES AND PLACING WITHfN AN ESTABLISHED CATEGORY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) M&TITLE PAGE (RM-5) Historic Resources Commission c — 24 11 /3/2022 City Council 21 — 180 3/21/2023 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 kdo/10/23/02 RESOLUTION NO. 2002-35 A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA PLACING THE PROPERTIES LOCATED AT 501 EAST WASHINGTON AVENUE, AND 1225 NORTH FRENCH STREET, 215 SOUTH CYPRESS AVENUE ON THE SANTA ANA REGISTER OF HISTORIC PROPERTIES AND PLACING WITHIN AN ESTABLISHED CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The Liggett -Wallace House, located at 501 East Washington Avenue, Santa Ana was constructed in 1921. It is eligible for listing on the Register as it exemplifies the simplicity and distinguishing characteristics of the earlier Craftsman bungalow style. 1. It is eligible to be placed within the Contributive category as it contributes to the overall character and history of the French Park neighborhood through its Craftsman style and type from the early 1920's. 2. The modest symmetrical Craftsman style bungalow is a good example of period architecture, which is illustrated by its low- pitched gabled roof with exposed beams and rafter tails, a full - width, recessed porch and window configuration. Narrow clapboard sheathes the exterior. 3. Additionally, the structure has not been substantially altered and is listed in the National and State Registers as a contributor to the French Park Historic District. 4. The legal owner of the subject property is Roberto Gomez. 5. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. B. The Davis -Hoy House, located at 1225 North French Street, Santa Ana, was constructed in 1905 and is eligible for inclusion on the Register as a Historic Resnurces Cnmmissinn c — 25 11 /3/2022 City Council 21 — 181 Resolutrgf2N%2 -35 Page 1 of 1 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 representative example of the American Foursquare variant of the Prairie style architecture common in the first decade of the twentieth century. 1. Additionally it is eligible for inclusion based upon its association with two prominent early citizens, Samuel Davis and William Hoy. Mr. Davis was a district attorney for the County of Orange, a partner in a prestigious law firm, and one of the founders of the Orange County Historical Society. In 1920 William Hoy, a Cornell University graduate and Civil Engineer, purchased the home. Before going into private practice, Mr. Hoy was employed by the Orange County Highway Commission and the City of Santa Ana 2. The Davis/Hoy House is also eligible to be placed within the Contributive category as a good example of the American Foursquare variant style which is illustrated by the two-story box- like massing, bellcast-hipped roof with dormers, deep eaves, recessed front porch and window treatment. A wide belt course divides the lower narrow clapboard finish and the stucco finish on the upper portion. 3. The structure has not been substantially altered and is listed in the National and State Registers as a contributor to French Park Historic District. 4. The legal owner of the subject property is Wayne Curl, 5. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. C. The Sylvester House, located at 215 South Cypress Avenue, Santa Ana was built in 1905, and is eligible for inclusion on the Register as it exemplifies the distinguishing characteristics of the Colonial Revival style from the early twentieth century. 1. Additionally, it is eligible to be placed within the Contributive category as it contributes to the overall character and history of the Eastside neighborhood as a good example of a Colonial Revival cottage. This style is illustrated by the box -like massing, hipped roof with gable dormer, boxed cornices and carved brackets, window treatment and recessed porch with Tuscan columns. 2. It is noteworthy as a surviving older home in the Eastside Neighborhood and has not been substantially altered. 3. The legal owner of the subject property is Jose Carrasco. 4. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Historic Resnurces Cnmmissinn c — 26 11 /3/2022 City Council 21 — 182 Resoluti80162M-35 Page 2 of 2 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 Section 2: The subject properties meet the minimal standards and are hereby placed on the City of Santa Ana Register of Historic Property pursuant to Section 30-2 of the Santa Ana Municipal Code. Section 3: The subject properties meet the minimal standards and are hereby placed in the contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 4: For the subject properties, a report entitled "Executive Summary" is on file in the office of the Clerk of the Council, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Property in the contributive category. The Clerk of the Council is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Property. Section 5. The Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. Section 8. This Resolution shall take effect immediately upon its adoption by the Historic Resources Commission, and the Commission Secretary shall attest to and certify the vote adopting this Resolution. ADOPTED this 7tn day of November, 2002 by the following vote: AYES: Commission members: Bustamante, Chinn, Corpin, Gartner, Giles, Kings, O'Callaghan, Richardson (8) NOES: Commission members: None (0) ABSTENTION: NOT PRESENT: ATTEST: Commission members: Commission members: JoZon on 0.8 Secretary ng and Building Agency None (0) Schaefer (1) se An6e G cia g hairperson Historic Resnurces Commissinn c — 27 11 /3/2022 City Council 21 — 183 Reso1uti5KNO2 -35 Page 3of3 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: r 6,11, Kylee .Odette Dep City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2002-35 to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 7, 2002. Date: Historic Resources Commission c — 28 11 /3/2022 City Council 21 — 184 Resoluti3hN62M-35 Page 4 of 4 9- N O 0 N O a) O z O s O L O LL a) m z ram] u N N i a a aml CO T O T !Y Q Q J J CO Y Y J J CO m � 1-0 Q ¢ U) J Cr O N W W W Q W CO z CO o Li o c\I o N LO 11 W Q t- O Cb Cb4 Q} [COO 'dam' z z z W W CL ¢ ¢ Q as c (1) � c 0 Y U � � N L LL Q o can z w cnn u7 N r U) N O T T LO N T INIC6 Me Historic Resources Commission c — 29 11 /3/2022 City Council 21 — 185 3/21/2023 3. HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2002-54 2002- 5G AND 2002-59 AND HISTORIC REGISTER CATEGORIZATION NOS. 2002- 136 2002-138 AND 2002-141 Filed by the City of Santa Ana to place and categorize various structures on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: October 25, 2002 PUBLICLY NOTICED: October 25, 2002 ADDRESS STRUCTURE NAME RECOMMENDED CATEGORY 501 East Washington Avenue 136 Liggett -Wallace House Contributive 1225 North French Street 138 Davis -Ho House Contributive 215 South C ress Avenue 141 Sylvester House Contributive RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application Nos. 2002-54, 2002-56, and 2002-59. 2. Adopt a resolution approving Historic Register Categorization Nos. 2002-136, 2002-138, and 2002-141. Lynnette Perry, Associate Planner, presented the staff report and recommendation. Madame Chair Kings opened the public hearing. No written communications were received and there were no speakers on the matter. Madame Chair Kings closed the public hearing. Motion to. 1. Adopt a resolution approving Historic Resources Commission Application Nos. 2002-54, 2002-56, and 2002-59. 2. Adopt a resolution approving Historic Register Categorization Nos. 2002- 136, 2002-138, and 2002-141. MOTION: Giles SECOND: Richardson RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Scott and Lisa Michaelis, Husband and Wife as Community Property with Right of Survivorship, (hereinafter collectively referred to as "Owner"), owner of real property located at 2123 North Freeman Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2123 North Freeman Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council Exlr410187 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on March 22, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 21 — 188 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the City Council 21 — 189 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2123 North Freeman Street, Assessor Parcel Number, 001-185-09, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic City Council 21 — 190 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Scott and Lisa Michaelis 2123 North Freeman Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. City Council 21 — 191 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 21 — 192 3/21/2023 ATTEST: Clerk of the Council OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: SCOTT MICHAELIS By: LISA MICHAELIS RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 21 — 193 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 14 OF TRACT NO. 3012, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 90, PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Assessor's Parcel Number: 001-185-09 City Council 21 — 194 3/21/2023 EXECUTIVE SUMMARY Exhibit B Honer House 2123 North Freeman Street Santa Ana, CA 92706 NAME Honer House REF. NO. ADDRESS 2123 North Freeman Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1957 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the West's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Honer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Contemporary Ranch style residential building and for its use of passive solar design. The recommended categorization is "Landmark" as a demonstrative example of Contemporary Ranch style and its unique architectural significance in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. City Council 21 — 195 3/21/2023 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial_ NRHP Status Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Honer House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Anaheim Quadrangle 2022 Date: 2022 *c. Address 2123 North Freeman Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Located on east side of Freeman Street, between W Buffalo Avenue to the north, W 21s' Street to the south, N Towner Street to the west, and N Olive Street to the east. Assessor's Parcel Number 001-185-09 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, the Honer House is a single -story, single-family residence designed by local architect, Donald A. Honer, in the Contemporary Ranch Style. The building sits on a modestly sized parcel. The asymmetrical plan has four primary wings extending each cardinal direction with an attached garage at the north wing. A medium -pitched, complex hip roof clad with replacement composition shingles caps the building. The roof exhibits wide overhanging eaves with exposed rafters terminated by a continuous fascia throughout all four primary wings. The prominent west wing that extends towards North Freeman Street has primary elevations facing west, north, and south and an interior brick chimney that spans the roof ridge line. The exterior of the house is clad primarily in vertical wood and board and batten siding. A later addition to the north wing is reflected by its lack of exposed rafters under eaves and differentiated siding. The main entrance, which is located on the north fagade of the west wing facing the driveway, consists of a single, slightly recessed door flanked by two obscured glass side lights. It is raised above a shallow brick -clad concrete step. Two sets of paired, narrow, wood -framed casement windows, each composed of single -light over wood spandrel panel, are immediately west of the entry. The west, street -facing fagade contains a single, centered, large window (See Continuation Sheet 3 of 3.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) West and south elevations, view northeast, September 2022 *P6. Date Constructed/Age and Sources: ■historic 19571 City of Santa Ana Building Permits *P7. Owner and Address: Scott and Lisa Michaelis 2123 North Freeman Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: November 3, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information City Council 21 — 196 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: Honer House 131. Historic Name: Honer House 132. Common Name: None 133. Original Use: Single-family Residence 134. Present Use: Single-family Residence *135. Architectural Style: Contemporary Ranch House *136. Construction History: (Construction date, alterations, and date of alterations): February 7, 1957. Constructed as a 7 room residence and garage. $17,000. April 24, 1967. Addition to residence (bed and storage room) by Allison Honer Co. - owner October23, 1992. Reroof, 4,300 square feet, $15,395 September 10, 2008. Reroof, Remove wood shingles and apply comp shingles *137. Moved? ■No ❑Yes ❑Unknown Date: Original locatio *138. Related Features: None B9a. Architect: Donald A. Honer b. Builder: Allison Honer (contractor) *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1957 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Honer House is architecturally significant as an outstanding and intact example of the Contemporary Ranch style, heavily influenced by the midcentury modern architecture popular at the time of its construction. This house was built in 1957 and valued at $17,000 according to the original building permit. The first owner, and architect credited on the building permit for the design, was Donald A. Honer, son of the prominent Santa Ana developer and contractor of the house, Allison Honer (Santa Ana Register, 12 August 1936, page 26). Donald Honer resided in the home until at least 1979; ownership may have been held by the Allison Honer Company, as specified on a 1967 building permit. Research did not uncover additional information about Mr. D. A. Honer, although it may be speculated that the son might have provided architectural services for the father's business . Although a room was added to the building in 1967, the addition was added to the rear and was designed to be differentiated yet compatible with overhanging eaves and wood board and batten siding. The Honer House is also found architecturally notable for its early utilization of Direct Gain passive solar design. Its use of floor to ceiling casement windows and double French doors are grouped to allow air and light to flow through the home and enable passive solar cooling. This property may have been one of the first homes in Santa Ana to utilize Direct Gain; however, more research is required to confirm. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: None *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: November 3, 2022 (This space reserved for official comments.) Sketch Map Honer House 2123 North Freeman Street 20 sneFEr �TJ 39 4 NO 3012 '^ IO � J9 IJB r S] 136 I.PN �S4n SS Y weo SI .¢ P A I I u n l x nl I ]0 m I I } 2t r� 19 /y(7 I40 11 12 's_ 13 t4 15 5 I I I I I DPR 523B ((gKK Council 21 — 197 3/21l information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Honer House *Recorded by Andrea Dumovich Heywood *Date November 3, 2022 El Continuation ❑ Update *133a. Description (continued): set over a wood panel. Shielded by a wood fence that extends south from the fagade, the south elevation of the west wing and the west elevation of the south wing face a large, brick -paved courtyard which is accessed and viewed through generous expanses of floor -to -ceiling windows and double French doors. Remaining fenestration throughout the building includes fixed and casement wood -frame windows of various size, jalousie windows, and tall casement windows made of single -light over wood panel. Other architectural elements include custom minimalist lighting on the wall of the west wing near the main entrance, the wood courtyard fence with vertical wood pickets alternating with empty spaces, and intermittent brick paving throughout the driveway and within the interior courtyard. The property is landscaped with shrubs and plants surrounding a decorative rock pathway that leads to the south side courtyard. A tree is centered within the courtyard. The property retains substantial integrity, the 1967 addition of a bedroom and storage notwithstanding. *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the Honer House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Honer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Contemporary Ranch style residence and for its use of passive solar design. The recommended categorization is "Landmark" as a demonstrative example of Contemporary Ranch style and its unique architectural significance in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). It features a rambling plan, horizontal massing, deep eaves, rustic materials, and a fenestration plan that facilates an indoor/outdoor lifestyle. The wall length grouped casement windows and double French doors on the south elevation also contribute to the Direct Gain design of passive solar cooling, allowing for the passing through of more natural light. Character -defining features of the Honer House include, but may not be limited to: medium -pitched, complex hipped roof, interior brick chimney at center of front -facing wing; wide -overhanging eaves with exposed rafters and a continuous wood fascia; board and batten and vertical wood siding; primary entrance composed of a slab door flanked by obscured glass sidelighte; grouped casement and fixed windows over wooden spandrel panels; double French doors; jalousie windows; original exterior lighting on the west wing; and a brick paved front courtyard enclosed by a vertical wood fence. *1312. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Newspapers. com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1920-1979. DPR523LCIty Council 21 — 198 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 21 — 199 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 21 — 200 3/21/2023 Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report November 3, 2022 Topic: HRCA No. 2022-21, HRC 2022-15, HPPA No. 2022-22 — Honer House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2022-21 and Historic Register Categorization No. 2022-15 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Scott and Lisa Michaelis, subject to non - substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Scott and Lisa Michaelis are requesting approval to designate an existing residence located at 2123 North Freeman Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. DISCUSSION Project Location and Site Description The subject property is located on the east side of North Freeman Street in the West Floral Park neighborhood. The site contains a 2,271-square-foot, Contemporary Ranch style residence and attached garage on an 8,898-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails Historic Resources Commission 1 — 1 11 /3/2022 City Council 21 — 201 3/21/2023 Exhibit 10 HRCA No. 2022-21, HRC 2022-15, HPPA No. 2022-22 — Honer House November 3, 2022 Page 2 applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 65 years old and is a good example of period architecture. No known code violations exist on record for this property. The Honer House is architecturally significant as a representative example of a Contemporary Ranch style home, in Santa Ana. According to City building records, it was built in 1957 by Donald A. Honer for approximately $27,000. Mr. Honer owned and occupied the house from 1957 to at least 1979 (when public records end). Research did not uncover additional information about Mr. Honer. The Honer House is also found architecturally significant for its associations with the Direct Gain passive solar design. Its use of floor to ceiling casement windows and double French doors are grouped to allow air and light to flow through the home and enable passive solar cooling. This property may have been one of the first homes in Santa Ana to utilize Direct Gain, however more research is required to confirm. The Honer House is a single -story, single-family residence designed in the Contemporary Ranch Style. The building sits on a modestly sized parcel. The asymmetrical plan has four primary wings spanning each cardinal direction with an attached garage at the north wing. The prominent west wing that extends towards North Freeman Street has primary elevations facing west, north, and south. The building has a mid -pitch, cross -gable hipped roof with replacement composition shingles and an interior brick chimney at the center of the front -facing west wing. The roof exhibits wide overhanging eaves with exposed rafters throughout all four primary wings. The exterior of the house is clad primarily in vertical wood siding. The main entrance, which is located on the north fagade of the west wing, consists of a single, slightly recessed door flanked by two obscured glass side lites, which is raised above a shallow brick -clad concrete step. Two sets of paired, narrow, wood - frame casement windows, each composed of single-lite over wood panel, are immediately west of the entry. The south elevation contains a series of windows which extend to nearly the height of the wall, consisting of casements and double French doors. Remaining fenestration throughout the building includes fixed and casement wood -frame windows of various size, jalousie windows, and tall casement windows made of single- lite over wood panel. Other architectural elements include custom minimalist lighting on the wall of the west wing near the main entrance, a wood courtyard fence with red paneling, and intermittent brick paving throughout the driveway and within the interior courtyard. The property is landscaped with shrubs and plants surrounding a decorative rock pathway that leads to the south side courtyard. A tree is centered within the side yard courtyard. A later addition to the north wing is reflected by its lack of exposed rafters under eaves and board and batten vertical wood siding. Character -defining features of Historic Resources Commission 1 — 2 11 /3/2022 City Council 21 — 202 3/21/2023 HRCA No. 2022-21, HRC 2022-15, HPPA No. 2022-22 — Honer House November 3, 2022 Page 3 the Honer House include, but may not be limited to: Mid -pitched, cross gable hipped roof; interior brick chimney at center of front -facing wing; wide -overhanging eaves with exposed rafter tails; vertical wood siding; primary entrance composed of a slab door flanked by sidelites; grouped casement windows, double French doors, fixed windows, and jalousie windows; original exterior lighting on the west wing; and a vertical wood fence enclosing side yard. The Honer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Contemporary Ranch style residential building and for its use of passive solar design. The house displays characteristics of the Contemporary Ranch style through its use of single -story massing; wide overhanging eaves; exposed rafter tails; vertical wood siding; recessed entry; tall, grouped casement windows; jalousie windows; attached garage; side -yard fence enclosing side patio; and an emphasis on indoor -outdoor living. The recommended categorization is "Landmark" as a demonstrative example of Contemporary Ranch style and its unique architectural significance in Santa Ana. This category is reserved for structures exemplifying high architectural significance with potential eligibility to be placed on the National or State historic registers, and/or possesses unique architectural significance within the City of Santa Ana. The property is worthy of "Landmark" status due to the building's high craftsmanship and use of wide overhanging eaves with exposed rafters; grouped, wood -frame casement windows and jalousie windows, among other original features. The wall -length grouped casement windows and double French doors on the south elevation contribute to the Direct Gain design of passive solar cooling, allowing for the passing through of more natural light. The building's use of tall and numerous windows also contributes to the indoor -outdoor living ideology emphasized by Contemporary Ranch and Mid -Century Modern design. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation Historic Resources Commission 1 —3 11 /3/2022 City Council 21 — 203 3/21/2023 HRCA No. 2022-21, HRC 2022-15, HPPA No. 2022-22 — Honer House November 3, 2022 Page 4 • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. The following list includes the proposed structure improvements/maintenance plan for the subject property, which shall be completed over the course of the next ten years: 1. Historic window screen repair 2. Termite inspection/treatment 3. Repair gas supply line for fireplace 4. Repair/replace broken window in living room 5. Repair crack in the garage's concrete floor 6. Repair damaged screen in garage skylight Public Notification The subject site is located within the West Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-102 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,501.50 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution Historic Resources Commission 1-4 11 /3/2022 City Council 21 — 204 3/21/2023 HRCA No. 2022-21, HRC 2022-15, HPPA No. 2022-22 — Honer House November 3, 2022 Page 5 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission 1 — 5 11 /3/2022 City Council 21 — 205 3/21/2023 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2022-21 TO PLACE THE PROPERTY LOCATED AT 2123 NORTH FREEMAN STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2022-15 PLACING SAID PROPERTY WITHIN THE LANDMARK CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On November 3, 2022, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-21) and categorization (Historic Resources Commission Categorization No. 2022-15) of the Honer House located at 2123 North Freeman Street, Santa Ana. B. The Honer House has distinctive architectural features of the Contemporary Ranch style and was built in 1957. C. The Honer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Contemporary Ranch style residential building and for its use of passive solar design. The recommended categorization is "Landmark" as a demonstrative example of Contemporary Ranch style and its unique architectural significance in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). The wall length grouped casement windows and double French doors on the south elevation, contributes to the Direct Gain design of passive solar cooling, allowing for the passing through of more natural light. Character -defining features of the Honer House include, but may not be limited to: Mid - pitched, cross gable hipped roof; interior brick chimney at center of front - facing wing; wide -overhanging eaves with exposed rafter tails; vertical wood siding; primary entrance composed of a slab door flanked by sidelites; grouped casement windows, double french doors, fixed windows, and jalousie windows; original exterior lighting on the west wing; and a vertical wood fence enclosing side yard. D. The legal owners of the property are Scott and Lisa Michaelis. Historic Resources Commission 1 — 6 11 /3/2022 City Council 21 — 206 ResolutioRdl�39222 X Page 1 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2022-102 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2022-21 to place the Honer House located at 2123 North Freeman Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2022-15 placing the Honer House located at 2123 North Freeman Street, Santa Ana, 92706 within the Landmark category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 3rd day of November, 2022. Tim Rush Chairperson Historic Resources Commission 1 — 7 11 /3/2022 City Council 21 — 207 ResolutioRdl�39222 X Page 2 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney ByJ4 W. John M. Funk Chief Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, CHELSEA SHAFER, Acting Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 3, 2022. Date: Acting Commission Secretary City of Santa Ana Historic Resnurces Commissinn 1 — 3 11 /3/2022 City Council 21 — 208 ResolutioRdl�39222 X Page 3 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 001-185-09 2123 North Freeman THE LAND REFERRED TO Scott and Lisa Street HEREIN BELOW IS Michaelis SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 14 OF TRACT NO. 3012, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 90, PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Resolution--Ro.1 "' ■ • • •on, •� • i "�Il+ City Council 21 — 209 3/21/2023 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2021-21 and Historic Resources Commission Categorization No. 2022-15 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission's approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: The applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2123 North Freeman Street, historically known as the Honer House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. Resolution No. 2022-XXX Historic Resnurces Commissinn 1 — 1 0 1 'I City Council 21 — 210 3/21/2023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Scott and Lisa Michaelis, Husband and Wife as Community Property with Right of Survivorship, (hereinafter collectively referred to as "Owner"), owner of real property located at 2123 North Freeman Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2123 North Freeman Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 21 — 211 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on February 8, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. Historic Resnurces Commissinn 1 — 12 11 /3/2022 City Council 21 — 212 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the Historic Resnurces Commissinn 1 — 13 11 /3/2022 City Council 21 — 213 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2123 North Freeman Street, Assessor Parcel Number, 001-185-09, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Historic Resources Commissinn 1 — 14 11 /3/2022 City Council 21 — 214 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Scott and Lisa Michaelis 2123 North Freeman Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Historic Resnurces Commissinn 1 — 15 11 /3/2022 City Council 21 — 215 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Historic Resnurces Commissinn 1 — 16 11 /3/2022 City Council 21 — 216 3/21/2023 ATTEST: Clerk of the Council OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: SCOTT MICHAELIS By: LISA MICHAELIS RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Historic Resnurces Commissinn 1 — 17 11 /3/2022 City Council 21 — 217 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 14 OF TRACT NO. 3012, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 90, PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Assessor's Parcel Number: 001-185-09 Historic Resnurces Commissinn 1 — 1 8 11 /3/2022 City Council 21 — 218 3/21/2023 EXECUTIVE SUMMARY Honer House 2123 North Freeman Street Santa Ana, CA 92706 NAME Honer House REF. NO. ADDRESS 2123 North Freeman Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1957 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the West's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Honer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Contemporary Ranch style residential building and for its use of passive solar design. The recommended categorization is "Landmark" as a demonstrative example of Contemporary Ranch style and its unique architectural significance in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. Historic Resources Commission 1 — 19 11 /3/2022 City Council 21 — 219 3/21/2023 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Honer House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Anaheim Quadrangle 2022 Date: 2022 *c. Address 2123 North Freeman Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Located on east side of Freeman Street, between W Buffalo Avenue to the north, W 21 st Street to the south, N Towner Street to the west, and N Olive Street to the east. Assessor's Parcel Number 001-185-09 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, the Honer House is a single -story, single-family residence designed by local architect, Donald A. Honer, in the Contemporary Ranch Style. The building sits on a modestly sized parcel. The asymmetrical plan has four primary wings extending each cardinal direction with an attached garage at the north wing. A medium -pitched, complex hip roof clad with replacement composition shingles caps the building. The roof exhibits wide overhanging eaves with exposed rafters terminated by a continuous fascia throughout all four primary wings. The prominent west wing that extends towards North Freeman Street has primary elevations facing west, north, and south and an interior brick chimney that spans the roof ridge line. The exterior of the house is clad primarily in vertical wood and board and batten siding. A later addition to the north wing is reflected by its lack of exposed rafters under eaves and differentiated siding. The main entrance, which is located on the north fagade of the west wing facing the driveway, consists of a single, slightly recessed door flanked by two obscured glass side lights. It is raised above a shallow brick -clad concrete step. Two sets of paired, narrow, wood -framed casement windows, each composed of single -light over wood spandrel panel, are immediately west of the entry. The west, street -facing fagade contains a single, centered, large window (See Continuation Sheet 3 of 3.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) West and south elevations, view northeast, September 2022 *P6. Date Constructed/Age and Sources: ■historic 19571 City of Santa Ana Building Permits *P7. Owner and Address: Scott and Lisa Michaelis 2123 North Freeman Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: November 3, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A ffiAlror Rp_snurC;P_S CnlY1rT11SSlnn 1 — 20 11 /31L ed information City Council 21 — 220 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: Honer House 131. Historic Name: Honer House B2. Common Name: None B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Contemporary Ranch House *136. Construction History: (Construction date, alterations, and date of alterations): February 7, 1957. Constructed as a 7 room residence and garage. $17,000. April 24, 1967. Addition to residence (bed and storage room) by Allison Honer Co. - owner October 23, 1992. Reroof, 4,300 square feet, $15,395 September 10, 2008. Reroof, Remove wood shingles and apply comp shingles *B7. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: None 139a. Architect: Donald A. Honer b. Builder: Allison Honer (contractor) *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1957 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Honer House is architecturally significant as an outstanding and intact example of the Contemporary Ranch style, heavily influenced by the midcentury modern architecture popular at the time of its construction. This house was built in 1957 and valued at $17,000 according to the original building permit. The first owner, and architect credited on the building permit for the design, was Donald A. Honer, son of the prominent Santa Ana developer and contractor of the house, Allison Honer (Santa Ana Register, 12 August 1936, page 26). Donald Honer resided in the home until at least 1979; ownership may have been held by the Allison Honer Company, as specified on a 1967 building permit. Research did not uncover additional information about Mr. D. A. Honer, although it may be speculated that the son might have provided architectural services for the father's business . Although a room was added to the building in 1967, the addition was added to the rear and was designed to be differentiated yet compatible with overhanging eaves and wood board and batten siding. The Honer House is also found architecturally notable for its early utilization of Direct Gain passive solar design. Its use of floor to ceiling casement windows and double French doors are grouped to allow air and light to flow through the home and enable passive solar cooling. This property may have been one of the first homes in Santa Ana to utilize Direct Gain; however, more research is required to confirm. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: None *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: November 3, 2022 (This space reserved for official comments.) Sketch Map Honer House 2123 North Freeman Street 20 K I! b m0 ! I I �t II l I s! s 85 O O o� fl R u f% I (DigI 3! L 36 51gl:'E7 g I 39 9 3012 N 11 Gq v O 3 18 DPR 523B (IM Council 21 - 221 3/21W"information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Honer House *Recorded by Andrea Dumovich Heywood *Date November 3, 2022 ❑x Continuation ❑ Update *133a. Description (continued): set over a wood panel. Shielded by a wood fence that extends south from the fagade, the south elevation of the west wing and the west elevation of the south wing face a large, brick -paved courtyard which is accessed and viewed through generous expanses of floor -to -ceiling windows and double French doors. Remaining fenestration throughout the building includes fixed and casement wood -frame windows of various size, jalousie windows, and tall casement windows made of single -light over wood panel. Other architectural elements include custom minimalist lighting on the wall of the west wing near the main entrance, the wood courtyard fence with vertical wood pickets alternating with empty spaces, and intermittent brick paving throughout the driveway and within the interior courtyard. The property is landscaped with shrubs and plants surrounding a decorative rock pathway that leads to the south side courtyard. A tree is centered within the courtyard. The property retains substantial integrity, the 1967 addition of a bedroom and storage notwithstanding. *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the Honer House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Honer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Contemporary Ranch style residence and for its use of passive solar design. The recommended categorization is "Landmark" as a demonstrative example of Contemporary Ranch style and its unique architectural significance in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). It features a rambling plan, horizontal massing, deep eaves, rustic materials, and a fenestration plan that facilates an indoor/outdoor lifestyle. The wall length grouped casement windows and double French doors on the south elevation also contribute to the Direct Gain design of passive solar cooling, allowing for the passing through of more natural light. Character -defining features of the Honer House include, but may not be limited to: medium -pitched, complex hipped roof; interior brick chimney at center of front -facing wing; wide -overhanging eaves with exposed rafters and a continuous wood fascia; board and batten and vertical wood siding; primary entrance composed of a slab door flanked by obscured glass sidelighte; grouped casement and fixed windows over wooden spandrel panels; double French doors; jalousie windows; original exterior lighting on the west wing; and a brick paved front courtyard enclosed by a vertical wood fence. *1312. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1920-1979. Historic Resources Commission 1 — 22 11 /3/2022 DPR523LCIty Council 21 — 222 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Histnric Resnurces Cnmmissinn 1 — 23 11 /3/2022 City Council 21 — 223 3/21/2023 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Historic Resnurces Commissinn 1 — 24 11 /3/2022 City Council 21 — 224 3/21/2023 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 Kelly Arcadio CITY OF SANTA ANA/PLANNING & BUILDING 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 OR# 3636464 NOTICE OF PUBLIC HEARING raising only those issues you or someone BEFORE THE SANTA ANA HISTORIC else raised at the public hearing RESOURCES COMMISSION described in this notice, or in written The City of Santa Ana encourages the correspondence delivered to the Historic public to participate in the decision- Resources Commission or City Council of making process. We encourage you to the City of Santa Ana at, or prior to, the COPY OF NOTICE contact us prior the Public Hearing if you have any questions . public hearing. Si tiene preguntas an espanol, favor de Historic Resources Commission Ilamar a Kelly Arcadio (714) 647-5881. Action: The Historic Resources N e u c a n lien l a c b a ng ti a ng Vi a t, Commission will hold a Public Hearing to An di 6 n tho a i cho Tony Lai s o (714) receive public testimony, and will take 565-2627. action on the item described below. 10/21/22 Decision on this matter will be final unless OR-3636464# Notice Type: GPN GOVT PUBLIC NOTICE appealed within 10 calendar days of the decision by any interested party or group. Ad Description Project Location: 2123 N. Freeman Street (historically known as the Honer 2123 N Freeman Street House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Scott and Lisa To the right is a copy of the notice you sent to us for publication in the Michaelis Proposed Project: The applicant is ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please requesting approval of Historic Resources read this notice carefully and call us with any corrections. The Proof of Commission Application No. 2022-21, Historic Register Publication will be filed with the Count Clerk, if required, and mailed to y re q mayou roperrzation No. 2022-15, and Historic PProperty after the last date below. Publication date(s) for this notice is (are): Preservation Agreement No. 2022-22 to allow the placement and categorization in 10/21 /2022 the Santa Ana Register of Historical Properties as Landmark for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality The charge(s)for this order is as follows. An invoice will be sent after the last Act, the recommended action is exempt date of publication. If you prepaid this order in full, you will not receive an from further review under Section 15331, Class 31, as this action is designed to InVOICe. preserve a historic resource. Categorical Exemption No. 2022-102 will be filed for this project. Publication $122.45 Meeting Details: This matter will be heard on November 3, 2022 at 4:30 p.m. Total $122.45 in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting- participation. Written Comments: If you are unable to Dail Journal Corporation participate in the meeting, you may send Y p written comments by e-mail to Servingour legal advertising needs throughout California. y g g g PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or mail to Chelsea Shafer, ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 Acting Recording Secretary, City of Santa BUSINESS JOURNAL, RIVERSIDE 951 784-0111 ( ) Ana, C Civic Center Plaza - to Santa Ana, CA 92701. Deadline to submit DAILY COMMERCE, LOS ANGELES (213) 229-5300 Written comments is 3:00 p.m. on the day of the meeting. Comments received LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 after the deadline may not be distributed to the Commission but will be made part SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 of the record. SAN JOSE POST -RECORD, SAN JOSE ( ) 287-4866 408 Where l d Get More Information: Additional details regarding the proposed THE DAILY RECORDER, SACRAMENTO (916) 444-2355 action(s), including the full text of the discretionary item, may be found on the THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 City website 72 hours prior to the public hearing at: https://santa- THE INTER -CITY EXPRESS, OAKLAND (510) 2724747 ana.pdmegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at aheywood@santa-ana.org or 714-647- 5899. Note: If you challenge the decision on the above matter, you may be limited to II1 _ ity ounC1 21 — 226 3/21/2023 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 198E o Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group Project Location: 2123 N. Freeman Street (historically known as the Honer House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Scott and Lisa Michaelis Proposed Project: The applicant is requesting approval of Historic Resources Commission Application No. 2022-21, Historic Register Categorization No. 2022-15, and Historic Property Preservation Agreement No. 2022-22 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Landmark for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022-102 will be filed for this project. Meeting Details: This matter will be heard on November 3, 2022 at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(a).santa-ana.org (reference the Agenda Item # in the subject line) or mail to Chelsea Shafer, Acting Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at- https://sant@-@P^hli�i^^ram Historic Resnurces Commissinn 1 — 27 11 /3/2022 City Council 21 — 227 3/21/2023 Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at ahe wood santa-ana.org or 714-647-5899. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Kelly Arcadio (714) 647-5881. Neu can lien lac bang tieng Viet, xin dien thoai cho Tony Lai so (714) 565-2627. 500' RADIUS NOTIFICATION MAP Publish: OC Reporter Date: 0ctobgq&j0?P2&PSPurcPs Commission 1 — 23 11 /3/2022 City Council 21 — 228 3/21/2023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Eric Neigher and Jennifer Nguyen, a husband and wife as community property with right to survivorship, (hereinafter collectively referred to as "Owner"), owner of real property located at 1915 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1915 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council Exhi?ii 1-1229 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on March 22, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 21 — 230 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the City Council 21 — 231 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 1915 North Flower Street, Assessor Parcel Number, 002-093-10, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic City Council 21 — 232 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Eric Neigher and Jennifer Nguyen 1915 North Flower Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. City Council 21 — 233 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 21 — 234 3/21/2023 ATTEST: Clerk of the Council OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: -F� JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: ERIC NEIGHER By: JENNIFER NGUYEN RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 21 — 235 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTH 17 FEET OF LOT 37 AND ALL OF LOT 38 OF TRACT NO. 748, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 30 PAGE 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-093-10 City Council 21 — 236 3/21/2023 EXECUTIVE SUMMARY Exhibit B Mabee House 1915 North Flower Street Santa Ana, CA 92706 NAME Mabee House REF. NO. ADDRESS 1915 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1936 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Hollywood Regency The Hollywood Regency style originated from Great Britian's early nineteenth century residential architecture, specifically from the reign of George IV, between 1811-1820. Britian's original Regency style utilized simple details blended with broad forms of Neoclassism. The Hollywood Regency style, popularized in Southern California and occassionally known as Regnecy Moderne, reflects a simplified reference to the Art Deco and Moderne styles. While its uncomplicated massing and subduded ornamentation are a nod to Modernism, it also references Neoclassicsm and incorporates more historic references than either the Art Deco or Moderne. The style reflects the refined decadence that was seen in Hollywood films of the period. It was fashionable with well-to-do clientele who could afford custom-built single-family residences and commercial buildings. The Hollywood Regency style, while never as popular as other period styles, remained relevant from the early 1930s to 1970. However, following World War ll, Modern elements outweighed those of Neoclassicsm. Thus, the style can be understood as as the pre-war Hollywood Regency (1931 — 1945) and post-war Late Hollywood Regency (1946- 1970). Character -defining features of the Hollywood Regency style (1931-1945) include Mansard, hipped, or gabled roofs; and use of multiple cladding materials such as stucco with wood clapboard or brick veneer. Window treatments are typically casements made of either steel -frame or wood -sash. The Hollywood Regency style features symmetrical Neoclassical designs and ornamentation, including porches of double height, often made of iron. These porches typically feature narrow columns, fluted pilasters, pediments, and balconettes. Overall, the use of ornamentation is subdued and minimal. SUMMARY/CONCLUSION: The Mabee House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a rare example of a Depression era Hollywood Regency style home. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Hollywood Regency style (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. City Council 21 — 237 3/21/2023 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #. HRI # Trinomial_ NRHP Status Reviewer Page 1 of 6 Resource name(s) or number (assigned by recorder) Mabee House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Anaheim Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 1915 North Flower Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-093-10 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Mabee House is a two-story single-family residence on a large parcel, constructed in the Hollywood Regency style (Figure 1). The main residence has an L-shaped footprint with a cross -gable roof. Asymmetrical in design, the house exhibits a pavilion -like two-story massing with emphasis on the taller lower story. The exterior of the house is clad in a combination of smooth stucco throughout the lower story and horizontal wood siding along the shorter upper story. The primary (west) fagade features three wall dormers with characteristic segmentally arched heads above three windows at the second story. a single stained glass window centered between two multi-lite wood -frame casement windows with wood shutters (Figures 2 and 3). The ground floor of the primary fagade contains an entry porch centered between a single multi-lite wood - frame casement window to the north and a multi-lite wood -frame bow window to the south (Figure 4). The entry porch is characterized by wrought iron supports rising to a second story balconette with a wrought iron railing, and minimal decorative trim featuring two gold stars (Figure 5). The main entrance door located beneath the porch roof is a simple paneled door lacking lites. An original Art -Deco style address stating "1915" and mailslot resides adjacent to the main entrance (Figure 6). (See Continuation Sheet 3 of 6.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) (Figure 1) Primary (West) elevation, view east, December 2022 *P6. Date Constructed/Age and Sources: ■historic 19361 City of Santa Ana Building Permits *P7. Owner and Address: Eric Neigher and Jennifer Nguyen 1915 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: January 19, 2023 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95)+- *Required information City Council 21 — 238 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 6 *NRHP Status Code 5S3 *Resource Name or #: Mabee House 131. Historic Name: Mabee House 132. Common Name: Same 133. Original Use: Single-family Residence 134. Present Use: Single-family Residence *135. Architectural Style: Hollywood Regency *136. Construction History: (Construction date, alterations, and date of alterations): July 8, 1936. Permit to construct a residence and garage. $14,000. September 12, 1966. Permit for swimming pool. $3, 000. June 22, 2007. Interior demolition: remove existing bedroom and bathroom to create family room. No exterior modifications. June 29, 2007. Close out (remove) two existing windows and replace three windows. General interior remodel, removing and constructing partition walls. April 28, 2015. 175 square feet addition in detached garage, to be used as a bathroom. September 17, 2015. New solar panels. July 30, 2018. New attached solid patio cover at building's rear, approximately 335 square feet and 10 feet tall. Date Unknown. Replacement of stained glass window above entry. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached garage, pool, and ancillary shed. B9a. Architect: Unknown b. Builder: E.A. Kaiser *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1936 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Mabee House is architecturally significant as a simple and rare example of the Hollywood Regency style in Santa Ana. According to City building records, it was built in 1936 for approximately $14,000. Dr. Melbourne Mabee, who worked at the Santa Ana Clinic, was the property's first owner and lived in the home from 1936 to 1937. Dr. Mabee, a well -established physician and surgeon who began his practice shortly after World War I, moved from Chicago to Santa Ana in 1932. His local practice had ties with Dr. Frank H. Paterson of the Santa Ana Clinic. Additionally, Dr. Mabee acted as president of the Santa Ana Kiwanis club for one year. Tragically, on March 23, 1937, Dr. Mabee suffered a heart attack at age 60 in his newly built home (Santa Ana Register, March 24, 1937). (See Continuation Sheet 3 of 6.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 6.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: January 19, 2023 DPR 523B (This space reserved for official comments.) Sketch Map @ -H ,: Mabee House 1915 North Flower Street , I WIVrRa-F rLom (1/95) *Reauired information City Council 21 — 239 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 6 Resource Name: Mabee House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023 El Continuation ❑ Update *133a. Description (continued): Multi-lite wood -frame casement windows of various sizes appear on the side (north and south) and rear (east) facades. The rear fagade also incorporates a single oval window at the second story and two wood -frame single -hung windows at the first story. Second story siding also varies at the rear fagade with vertical siding occurring along a portion of the building's rear volume (Figure 7). A stylized Classical frieze with applied triglyphs wraps around the entire building, dividing the lower and upper stories (Figure 8). A rear, brick chimney rises above the roofline, which is visible from the property's rear. A detached garage, pool, and small shed are located east of the rear (east) elevation of the residence (Figures 9). The front (west) side of the property is landscaped with a lawn and a mix of low shrubs and medium -to -tall trees and is encircledby a low wood fence and manicured shrubs. A wrought -iron gate encloses the long driveway leading towards the detached garage. A brick wall of moderate -height divides the rear yard from the detached garage as well as the front and rear yards at the south side of the property. While much of the property's unique architectural features remain intact, several if not all of the windows appear to be replacement wood windows. The stained glass window above the entry has been replaced at an unknown date. Lastly, it is plausible that a rear addition was added at some point, where the vertical wood siding and oval window differ from the rest of the home, *B10. Significance (continued): City directories reveal that the property was then sold at some point between 1937 and 1938 to Bob Fernandez, who owned the property until circa 1956. The following owner, Walter T Flaherty, resided in the home from circa 1960 to 1970. In 1979, Linda White is listed as an occupant of the subject property. City directories from 1985 to 1990, list Doris E White as the occupant. By 2000, Jack White is listed as the property owner. From circa 2006 to 2008, Michael Urtel is listed as an occupant of the subject property. City directories end in 2008. The Mabee House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, anotherbuilder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Mabee House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a rare example of a Depression era Hollywood Regency style home. Located in Floral Park, the house cost $14,000 to build, a considerable investment for the year of its construction, 1936. The Hollywood Regency style is extremely rare in Santa Ana. Referencing the period when George IV was Prince Regent in England, this briefly fashionable style was an eclectic expression of the Georgian Colonial Revival in combination with the simplicity of the Moderne style. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Hollywood Regency style (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Hollywood Regency style exhibited by the house include its the pavilion -like two- story massing with emphasis on the taller lower story; horizontal panel siding throughout the upper story and smooth stucco finish on the taller lower story, wall dormers with characteristic segmentally arched heads; multi-lite wood -frame bow window featuring several gold star details above; wood -frame multi-lite casement windows and window shutters; original mailslot and address; wrought iron railings, porch supports and minimal decorative trim featuring two gold stars; stylized Classical elements such as the frieze between stories accented by applied triglyphs; built-in planter at primary fagade; and brick chimney. DPR523LCIty Council 21 — 240 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 6 Resource Name: Mabee House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023 El Continuation ❑ Update *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry. com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 191 Z 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989 Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1: Orange County. Whittier: Historical Publishers, 1963. DPR523LCIty Council 21 — 241 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 5 of 6 Resource Name: Mabee House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023 0 Continuation ❑ Update Additional Figures: MM Figure 3. A two multi-lite wood -frame casement window with Figure 2. A single stained glass window at the second story, facing east. wood shutters, facing east. � Y• l Figure 4. Multi-lite wood -frame bow window south of the ; entry porch, facing southeast. Figure 5. The entry porch, characterized by wrought iron railin s, orch su orts, and trim, fa east. 11--oa Figure 6. Original Art -Deco style address stating "1915" and Figure 7. Single oval window at the second story with mailslot resides adjacent to the main entrance, facing east. vertical siding occurring along a portion of the building's rear volume, facing northwest. DPR523LCIty Council 21 - 242 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 6 of 6 Resource Name: Mabee House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023 0 Continuation ❑ Update s ' Figure 8. Stylized Classical frieze with applied triglyphs wraps around the entire building, dividing the the lower and upper stories, facing southwest. Figure 9. Detached garage and pool, facing southwest. DPR523LCIty Council 21 — 243 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 21 — 244 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 21 — 245 3/21/2023 Planning and Building Agency Item # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report January 19, 2023 Topic: HRCA No. 2022-23, HRC 2022-16, HPPA No. 2022-23 — Mabee House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2022-23 and Historic Register Categorization No. 2022-16 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Eric Neigher and Jennifer Nguyen, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Eric Neigher and Jennifer Nguyen are requesting approval to designate an existing residence located at 1915 North Flower Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. DISCUSSION Project Location and Site Description The subject property is located on the east side of North Flower Street in the Floral Park neighborhood. The site contains a 3,204-square-foot, Hollywood Regency style residence and detached garage on an 11,480-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site Historic Resources Commission 45 1 /19/2023 City Council 21 — 246 3/21/2023 Exhibit 12 HRCA No. 2022-23, HRC 2022-16, HPPA No. 2022-23 — Mabee House January 19, 2023 Page 2 having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 87 years old and is a good example of period architecture. No known code violations exist on record for this property. The Mabee House is architecturally significant as a representative example of a Hollywood Regency style home, in Santa Ana. According to City building records, it was built in 1936 for approximately $14,000. Dr. Melbourne Mabee, who worked at the Santa Ana Clinic, was the property's first owner and lived in the home from 1936 to 1937. Dr. Mabee, a well -established physician and surgeon who began his practice shortly after World War I, moved from Chicago to Santa Ana in 1932. Additionally, Dr. Mabee acted as president of the Santa Ana Kiwanis club for one year. Tragically, on March 23, 1937, Dr. Mabee suffered a heart attack at age 60 in his newly built home (Santa Ana Register, March 24, 1937). City directories reveal that the property was then sold at some point between 1937 and 1938 to Bob Fernandez, who owned the property until circa 1956. The following owner, Walter T. Flaherty, resided in the home from circa 1960 to 1970. In 1979, Linda White is listed as an occupant of the subject property. City directories from 1985 to 1990, show that Doris E. White occupied the property. In 2000, Jack White is stated as the owned. From circa 2006 to 2008, Michael Urtel occupied the subject property. City directories end in 2008. The Mabee House is a two-story single-family residence on a large parcel, constructed in the Hollywood Regency style. The main residence has an L-shaped footprint with a cross - gable roof. Asymmetrical in design, the house exhibits a pavilion -like two-story massing with emphasis on the taller lower story. The exterior of the house is clad in a combination of smooth stucco throughout the lower story and horizontal wood siding along the shorter upper story. The primary (west) fagade features three wall dormers with characteristic segmentally arched heads above three windows at the second story: a single stained glass window centered between two multi-lite wood -frame casement windows with wood shutters. The ground floor of the primary fagade contains an entry porch centered between a single multi-lite wood -frame casement window to the north and a multi-lite wood -frame bow window to the south. The entry porch is characterized by wrought iron supports rising to a second story balconette with a wrought iron railing, and minimal decorative trim featuring two gold stars. The main entrance door located beneath the porch roof is a simple paneled door lacking lites. An original Art -Deco style address stating "1915" and mailslot resides adjacent to the main entrance. Multi-lite wood -frame casement windows of various sizes appear on the sides (north and south) and rear (east) Historic Resources Commission 46 1 /19/2023 City Council 21 — 247 3/21/2023 HRCA No. 2022-23, HRC 2022-16, HPPA No. 2022-23 — Mabee House January 19, 2023 Page 3 facades. The rear fagade also incorporates a single oval window at the second story and two wood -frame single -hung windows at the first story. Second story siding also varies at the rear fagade with vertical siding occurring along a portion of the building's rear volume. A stylized Classical frieze with applied triglyphs wraps around the entire building, dividing the lower and upper stories. A rear, brick chimney rises above the roofline, which is visible from the property's rear. A detached garage, pool, and small shed are located east of the rear (east) elevation of the residence. The front (west) side of the property is landscaped with a lawn and a mix of low shrubs and medium -to -tall trees and is encircled by a low wood fence and manicured shrubs. A wrought -iron gate encloses the long driveway leading towards the detached garage. A brick wall of moderate -height divides the rear yard from the detached garage as well as the front and rear yards at the south side of the property. Character -defining features of the Hollywood Regency style exhibited by the house include the pavilion -like two-story massing with emphasis on the taller lower story; horizontal panel siding throughout the upper story and smooth stucco finish on the taller lower story; wall dormers with characteristic segmentally arched heads; multi-lite wood - frame bow window featuring several gold star details above; wood -frame multi-lite casement windows and window shutters; original mailslot and address; wrought iron railings, porch supports and minimal decorative trim featuring two gold stars; stylized Classical elements such as the frieze between stories accented by applied triglyphs; built- in planter at primary fagade; and brick chimney. While much of the property's unique architectural features remain intact, several if not all of the windows appear to be replacement wood windows. The stained glass window above the entry has been replaced at an unknown date. Lastly, it is plausible that a rear addition was added at some point, where the vertical wood siding and oval window differ from the rest of the home. However, these alterations appear to be in keeping with the Secretary of the Interior's Standards for Historic Rehabilitation guidelines. Specifically, the historic character of the property appears to be retained and preserved and the new work is differentiated from the old and is generally compatible. The Mabee House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion as a rare example of a Depression era Hollywood Regency style home. Located in Floral Park, the house cost $14,000 to build, a considerable investment for the year of its construction, 1936. The Hollywood Regency style is extremely rare in Santa Ana. Referencing the period when George IV was Prince Regent in England, this briefly fashionable style was an eclectic expression of the Georgian Colonial Revival in combination with the simplicity of the Moderne style. The recommended categorization is "Contributive" because it contributes to the overall character and history of the Floral Park neighborhood and is a good example of period architecture. Historic Resources Commission 47 1 /19/2023 City Council 21 — 248 3/21/2023 HRCA No. 2022-23, HRC 2022-16, January 19, 2023 Page 4 Mills Act Agreement HPPA No. 2022-23 — Mabee House Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Over the initial ten years of the Mills Act contract for this property, the owner desires to complete the following work projects: landscaping improvements, install wrought iron gate at driveway, and casement window restoration where damage has occurred. Staff will work with the owner to ensure these items are completed in a sensitive manner in regards to the historic property and its character defining features. As part of the mills act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a Historic Resources Commission 48 1 /19/2023 City Council 21 — 249 3/21/2023 HRCA No. 2022-23, HRC 2022-16, HPPA No. 2022-23 — Mabee House January 19, 2023 Page 5 notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-102 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,564.68 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission 49 1 /19/2023 City Council 21 — 250 3/21/2023 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2022-23 TO PLACE THE PROPERTY LOCATED AT 1915 NORTH FLOWER STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2022-16 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On January 19, 2023, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-23) and categorization (Historic Resources Commission Categorization No. 2022-16) of the Mabee House located at 1915 North Flower, Santa Ana. B. The Mabee House has distinctive architectural features of the Hollywood Regency style and was built in 1936. C. The Mabee House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a rare example of a Depression era Hollywood Regency style home. Located in Floral Park, the house cost $14,000 to build, a considerable investment for the year of its construction, 1936. The Hollywood Regency style is extremely rare in Santa Ana. Referencing the period when George IV was Prince Regent in England, this briefly fashionable style was an eclectic expression of the Georgian Colonial Revival in combination with the simplicity of the Moderne style. The recommended categorization is "Contributive" because it contributes to the overall character and history of the Floral Park neighborhood and is a good example of period architecture (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Hollywood Regency style exhibited by the house include the pavilion -like two-story massing with emphasis on the taller lower story; horizontal panel siding throughout the upper story and smooth stucco finish on the taller lower story; wall dormers with characteristic segmentally arched heads; multi-lite wood -frame bow window featuring several gold star details above; wood -frame multi-lite casement windows and window shutters; Historic Resnurces Commissinn 50 1 /19/2023 City Council 21 — 251 ResolutioRdl�39?-3 X Page 1 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 original mailslot and address; wrought iron railings, porch supports and minimal decorative trim featuring two gold stars; stylized Classical elements such as the frieze between stories accented by applied triglyphs; built-in planter at primary fagade; and brick chimney. D. The legal owners of the property are Eric Neigher and Jennifer Nguyen. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2022-126 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2022-23 to place the Mabee House located at 1915 North Flower Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2022-16 placing the Mabee House located at 1915 North Flower Street, Santa Ana, 92706 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. Historic Resnurces Commissinn 51 1 /19/2023 City Council 21 — 252 ResolutioRdl�39?-3 X Page 2 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 ADOPTED this 19t" day of January, 2023. Tim Rush Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ,�4 John M. Funk Chief Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, CHELSEA SHAFER, Acting Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on January 19, 2023. Date: Acting Commission Secretary City of Santa Ana Historic Resnurces Commissinn 52 1 /19/2023 City Council 21 — 253 ResolutioRdl�39?-3 X Page 3 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-093-10 1915 North Flower Street REAL PROPERTY IN THE Eric Neigher and CITY OF SANTA ANA, Jennifer Nguyen COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTH 17 FEET OF LOT 37 AND ALL OF LOT 38 OF TRACT NO. 748, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 30 PAGE 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 002-093-10 Resolution--Ro.1 "' Wistoric53 1 City Council 21 — 254 3/21/2023 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2022-23 and Historic Resources Commission Categorization No. 2022-16 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission's approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 1915 North Flower Street, historically known as the Mabee House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. Resolution No. 2023-XXX Historic Resnurces Commissinn 54 1 /� City Council 21 — 255 3/21/2023 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 KELLY ARCADIO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 OR# 3657948 NOTICE OF PUBLIC HEARING correspondence delivered to the Historic BEFORE THE SANTA ANA HISTORIC Resources Commission or City Council of RESOURCES COMMISSION the City of Santa Ana at, or prior to, the The City of Santa Ana encourages the public hearing. public to participate in the decision- Si tiene preguntas en espafiol, favor de making process. We encourage you to Ilamar a Kelly Arcadio at (714) 647- COPY OF NOTICE contact us prior to the Public Hearing if you have any questions. _ 5881. Neu can lien Inc bang tieng Vigt, An Historic Resources Commission dign thoai cho Tony Lai so (714) 565- Action: The Historic Resources 2627. Commission will hold a Public Hearing to 1/6/23 receive public testimony, and will take OR-3657948# action on the item described below. Their decision is final unless appealed to the Notice Type: GPN GOVT PUBLIC NOTICE City Council within 10 days of the decision by any interested party or group. Ad Description Project Location: 1915 North Flower Street (historically known as The Mabee 1915 N Flower St House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Eric Neigher and Jennifer Nguyen To the right is a copy of the notice you sent to us for publication in the Project Description: The applicant is requesting approval of Historic Resources ORANGE COUNTY REPORTER. Thank you for using newspaper. Please y g our news p p Commission Application No. 2022-23, read this notice carefully and call us with any corrections. The Proof of Historic Register Categorization No. 2022- 16, and Historic Property Preservation Publication will be filed with the County Clerk, if required, and mailed to you allow the placement ta d cai gon categ-23 orization the Santa after the last date below. Publication date(s) for this notice is (are): Ana Register of Historical Properties as Contributive for the above mentioned 01/06/2023 property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this The charge(s) for this order is as follows. An invoice will be sent after the last action is designed to preserve a historic date of publication. If you prepaid this order in full, you will not receive an resource. Categorical Exemption No. ER - 2022-126 will be filed for this project. Invoice. Meeting Details: This matter will be heard on Thursday, January 19, 2023, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.org/pb/meeting-parUcipation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments5-sa nta-ana.org Dail Journal Corporation (reference the topic in the subject line) or v p mail to Chelsea Shafer, Acting Recording Serving your legal advertising needs throughout California. Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 comments is 3:00 p.m. on the day of BUSINESS JOURNAL, RIVERSIDE 951 784-0111 ( ) the meeting. Comments received after the deadline may not be distributed to the DAILY COMMERCE, LOS ANGELES (213) 229-5300 Commission but will be made part of the record. LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 Where To Get More Information: Additional details regarding the proposed SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 action(s), including the full text of the SAN JOSE POST -RECORD, SAN JOSE 408 287-4866 ( ) discretionary item, may be found on the City website 72 hours prior to the public THE DAILY RECORDER, SACRAMENTO (916) 444-2355 hearing at: https:llsanta- ana.pdmegov.com/public/portal. THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 Who To Contact For Questions: Should you have any questions, please contact THE INTER -CITY EXPRESS, OAKLAND (510) 2724747 Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood@santa-ana.org or 714-647- 5899. Note:lf you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written II1112/2023 ity ounC1 21 — 256 3/21/2023 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 198E o Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 1915 North Flower Street (historically known as The Mabee House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Eric Neigher and Jennifer Nguyen Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2022-23, Historic Register Categorization No. 2022-16, and Historic Property Preservation Agreement No. 2022-23 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2022-126 will be filed for this project. Meeting Details: This matter will be heard on Thursday, January 19, 2023, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(c�santa-ana.orq (reference the topic in the subject line) or mail to Chelsea Shafer, Acting Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Historic Resources Commission 56 1 /19/2023 City Council 21 — 257 3/21/2023 Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood santa-ana.org or 714-647-5899. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Kelly Arcadio (714) 647-5881. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. Publish: OC Date: Janua 5009 RADIUS NOTIFICATION MAP ity Council 21 — 258 3/21 /2023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Eric Neigher and Jennifer Nguyen, a husband and wife as community property with right to survivorship, (hereinafter collectively referred to as "Owner"), owner of real property located at 1915 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1915 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 21 — 259 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on March 22, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other parry. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. Historic Resnurces Commissinn _ _ .59 1 /19/2023 City Council 21 — 260 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the Historic Resnurces Commissinn 60 1 /19/2023 City Council 21 — 261 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 1915 North Flower Street, Assessor Parcel Number, 002-093-10, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Historic Resnurces Commissinn 61 1/19/2023 City Council 21 — 262 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Eric Neigher and Jennifer Nguyen 1915 North Flower Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Historic Resnurces Cnmmissinn 62 1 /19/2023 City Council - s 21 — 263 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Historic Resnurces Commissinn 63 1 /1 q/2023 City Council 21 — 264 3/21/2023 ATTEST: Clerk of the Council OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: ERIC NEIGHER By: JENNIFER NGUYEN RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Historic Resnurces Cnmmissinn 64 1 /19/2023 City Council 21 — 265 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTH 17 FEET OF LOT 37 AND ALL OF LOT 38 OF TRACT NO. 748, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 30 PAGE 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-093-10 Historic Resnurces Commissinn 65 1 /19/2023 City Council 21 — 266 3/21/2023 EXECUTIVE SUMMARY Mabee House 1915 North Flower Street Santa Ana, CA 92706 NAME Mabee House REF. NO. ADDRESS 1915 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1936 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE �5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Hollywood Regency The Hollywood Regency style originated from Great Britian's early nineteenth century residential architecture, specifically from the reign of George IV, between 1811-1820. Britian's original Regency style utilized simple details blended with broad forms of Neoclassism. The Hollywood Regency style, popularized in Southern California and occassionally known as Regnecy Moderne, reflects a simplified reference to the Art Deco and Moderne styles. While its uncomplicated massing and subduded ornamentation are a nod to Modernism, it also references Neoclassicsm and incorporates more historic references than either the Art Deco or Moderne. The style reflects the refined decadence that was seen in Hollywood films of the period. It was fashionable with well-to-do clientele who could afford custom-built single-family residences and commercial buildings. The Hollywood Regency style, while never as popular as other period styles, remained relevant from the early 1930s to 1970. However, following World War ll, Modern elements outweighed those of Neoclassicsm. Thus, the style can be understood as as the pre-war Hollywood Regency (1931 —1945) and post-war Late Hollywood Regency (1946- 1970). Character -defining features of the Hollywood Regency style (1931-1945) include Mansard, hipped, or gabled roofs; and use of multiple cladding materials such as stucco with wood clapboard or brick veneer. Window treatments are typically casements made of either steel -frame or wood -sash. The Hollywood Regency style features symmetrical Neoclassical designs and ornamentation, including porches of double height, often made of iron. These porches typically feature narrow columns, fluted pilasters, pediments, and balconettes. Overall, the use of ornamentation is subdued and minimal. SUMMARY/CONCLUSION: The Mabee House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a rare example of a Depression era Hollywood Regency style home. The recommended categorization is "Contributive" because it contributes to the overall character and history of the Floral Park neighborhood and is a good example of period architecture (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. Historic Resources Commission 66 1 /19/2023 City Council 21 — 267 3/21/2023 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Page 1 of 6 Resource name(s) or number (assigned by recorder) Mabee House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Anaheim Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 1915 North Flower Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-093-10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Mabee House is a two-story single-family residence on a large parcel, constructed in the Hollywood Regency style (Figure 1). The main residence has an L-shaped footprint with a cross -gable roof. Asymmetrical in design, the house exhibits a pavilion -like two-story massing with emphasis on the taller lower story. The exterior of the house is clad in a combination of smooth stucco throughout the lower story and horizontal wood siding along the shorter upper story. The primary (west) fagade features three wall dormers with characteristic segmentally arched heads above three windows at the second story: a single stained glass window centered between two multi-lite wood -frame casement windows with wood shutters (Figures 2 and 3). The ground floor of the primary fagade contains an entry porch centered between a single multi-lite wood - frame casement window to the north and a multi-lite wood -frame bow window to the south (Figure 4). The entry porch is characterized by wrought iron supports rising to a second story balconette with a wrought iron railing, and minimal decorative trim featuring two gold stars (Figure 5). The main entrance door located beneath the porch roof is a simple paneled door lacking lites. An original Art -Deco style address stating "1915" and mailslot resides adjacent to the main entrance (Figure 6). (See Continuation Sheet 3 of 6.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) (Figure 1) Primary (West) elevation, view east, December 2022 *P6. Date Constructed/Age and Sources: ■historic 19361 City of Santa Ana Building Permits *P7. Owner and Address: Eric Neigher and Jennifer Nguyen 1915 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: January 19, 2023 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95)+- *Required information Historic Resources Commission 67 1 /19/2023 City Council 21 — 268 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 6 *NRHP Status Code 5S3 *Resource Name or #: Mabee House 131. Historic Name: Mabee House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Hollywood Regency *136. Construction History: (Construction date, alterations, and date of alterations): July 8, 1936. Permit to construct a residence and garage. $14,000. September 12, 1966. Permit for swimming pool. $3, 000. June 22, 2007. Interior demolition: remove existing bedroom and bathroom to create family room. No exterior modifications. June 29, 2007. Close out (remove) two existing windows and replace three windows. General interior remodel, removing and constructing partition walls. April 28, 2015. 175 square feet addition in detached garage, to be used as a bathroom. September 17, 2015. New solar panels. July 30, 2018. New attached solid patio cover at building's rear, approximately 335 square feet and 10 feet tall. Date Unknown. Replacement of stained glass window above entry. *137. Moved? ■No ❑Yes ❑Unknown Date: *138. Related Features: Detached garage, pool, and ancillary shed. Original location: B9a. Architect: Unknown b. Builder: E.A. Kaiser *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1936 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Mabee House is architecturally significant as a simple and rare example of the Hollywood Regency style in Santa Ana. According to City building records, it was built in 1936 for approximately $14,000. Dr. Melbourne Mabee, who worked at the Santa Ana Clinic, was the property's first owner and lived in the home from 1936 to 1937. Dr. Mabee, a well -established physician and surgeon who began his practice shortly after World War I, moved from Chicago to Santa Ana in 1932. His local practice had ties with Dr. Frank H. Paterson of the Santa Ana Clinic. Additionally, Dr. Mabee acted as president of the Santa Ana Kiwanis club for one year. Tragically, on March 23, 1937, Dr. Mabee suffered a heart attack at age 60 in his newly built home (Santa Ana Register, March 24, 1937). (See Continuation Sheet 3 of 6.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 6.) Sketch Map Mabee House B13. Remarks: 1915 North Flower Street *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: January 19, 2023 DPR 523B (1/95) *Required information I I «•, � � Y PIEipTRCYi (This space reserved for official comments.) I I YQ i 093 Q sQ ° (DIc s 1 m 1 I I I M7.I iota I I a I I I a e9i Z FLOMFR Historic Resources Commission 68 1/19/2023 City Council 21 — 269 3/21/2023 *133a. Description (continued): State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 6 Resource Name: Mabee House 'Recorded by Andrea Dumovich Heywood *Date January 19, 2023 ❑x Continuation ❑ Update Multi-lite wood -frame casement windows of various sizes appear on the side (north and south) and rear (east) facades. The rear fagade also incorporates a single oval window at the second story and two wood -frame single -hung windows at the first story. Second story siding also varies at the rear fagade with vertical siding occurring along a portion of the building's rear volume (Figure 7). A stylized Classical frieze with applied triglyphs wraps around the entire building, dividing the lower and upper stories (Figure 8). A rear, brick chimney rises above the roofline, which is visible from the property's rear. A detached garage, pool, and small shed are located east of the rear (east) elevation of the residence (Figures 9). The front (west) side of the property is landscaped with a lawn and a mix of low shrubs and medium -to -tall trees and is encircledby a low wood fence and manicured shrubs. A wrought -iron gate encloses the long driveway leading towards the detached garage. A brick wall of moderate -height divides the rear yard from the detached garage as well as the front and rear yards at the south side of the property. While much of the property's unique architectural features remain intact, several if not all of the windows appear to be replacement wood windows. The stained glass window above the entry has been replaced at an unknown date. Lastly, it is plausible that a rear addition was added at some point, where the vertical wood siding and oval window differ from the rest of the home, *1310. Significance (continued): City directories reveal that the property was then sold at some point between 1937 and 1938 to Bob Fernandez, who owned the property until circa 1956. The following owner, Walter T Flaherty, resided in the home from circa 1960 to 1970. In 1979, Linda White is listed as an occupant of the subject property. City directories from 1985 to 1990, list Doris E White as the occupant. By 2000, Jack White is listed as the property owner. From circa 2006 to 2008, Michael Urtel is listed as an occupant of the subject property. City directories end in 2008. The Mabee House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builderAllison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, anotherbuilder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Mabee House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a rare example of a Depression era Hollywood Regency style home. Located in Floral Park, the house cost $14,000 to build, a considerable investment for the year of its construction, 1936. The Hollywood Regency style is extremely rare in Santa Ana. Referencing the period when George IV was Prince Regent in England, this briefly fashionable style was an eclectic expression of the Georgian Colonial Revival in combination with the simplicity of the Moderne style. The recommended categorization is "Contributive" because it contributes to the overall character and history of the Floral Park neighborhood and is a good example of period architecture. (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Hollywood Regency style exhibited by the house include its the pavilion -like two-story massing with emphasis on the taller lower story; horizontal panel siding throughout the upper story and smooth stucco finish on the taller lower story; wall dormers with characteristic segmentally arched heads; multi-lite wood -frame bow window featuring several gold star details above; wood -frame multi-lite casement windows and window shutters; original mailslot and address; wrought iron railings, porch supports and minimal decorative trim featuring two gold stars; stylized Classical elements such as the frieze between stories accented by applied triglyphs; built-in planter at primary fagade; and brick chimney. Historic Resources Commission 69 1/19/2023 DPR523LCIty Council 21 — 270 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 6 Resource Name: Mabee House 'Recorded by Andrea Dumovich Heywood *Date January 19, 2023 ❑x Continuation ❑ Update *612. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry. com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989 Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1: Orange County. Whittier: Historical Publishers, 1963. Historic Resources Commission 70 1 /19/2023 DPR523LCIty Council 21 — 271 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 5 of 6 Resource Name: Mabee House 'Recorded by Andrea Dumovich Heywood *Date January 19, 2023 ❑x Continuation ❑ Update Additional Figures: Mft I Figure 3. A two multi-lite wood -frame casement window with Figure 2. A single stained glass window at the second story, facing east. wood shutters, facing east. IF it t' m Figure 4. Multi-lite wood -frame bow window south of the;: entry porch, facing southeast. Figure 5. The entry porch, characterized by wrought iron railings, porch supports, and trim, facing east. Figure 6. Original Art -Deco style address stating "1915" and Figure 7. Single oval window at the second story with mailslot resides adjacent to the main entrance, facing east. vertical siding occurring along a portion of the building's rear volume, facing northwest. Historic Resources Commission 71 1 /19/2023 DPR523LCIty Council 21 — 272 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 6 of 6 Resource Name: Mabee House 'Recorded by Andrea Dumovich Heywood *Date January 19, 2023 ❑x Continuation ❑ Update 77 Figure 8. Stylized Classical frieze with applied triglyphs Figure 9. Detached garage and pool, facing southwest. wraps around the entire building, dividing the the lower and upper stories, facing southwest. Historic Resources Commission 72 1 /19/2023 DPR523LCIty Council 21 — 273 3/21/2023 City Council 21 — 274 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Histnric Resnurces Cnmmissinn 74 1 /19/2023 City Council 21 — 275 3/21/2023 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Historic Resnurces Commissinn 75 1 /19/2023 City Council 21 — 276 3/21/2023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Matthew L. Hale, A Single Man, and Robert D. Hale, A Single Man, as Joint Tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 947 West Buffalo Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 947 West Buffalo Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council x i Nt_ 77 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on March 22, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 21 — 278 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the City Council 21 — 279 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 947 West Buffalo Avenue, Assessor Parcel Number, 001-181-21, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic City Council 21 — 280 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Matthew L. and Robert D. Hale 947 West Buffalo Avenue Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. City Council 21 — 281 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 21 — 282 3/21/2023 ATTEST: Clerk of the Council OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: 427� JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: MATTHEW L. HALE By: ROBERT D. HALE RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 21 — 283 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE WEST 58 FEET OF LOT 4 AND THE EAST 2 FEET OF LOT 3 OF TRACT NO. 3012 AS PER MAP RECORDED IN BOOK 90, PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 001-181-21 City Council 21 — 284 3/21/2023 Exhibit B EXECUTIVE SUMMARY Grover Collins House 947 West Buffalo Avenue Santa Ana, CA 92706 NAME Grover Collins House REF. NO. ADDRESS 947 West Buffalo Avenue CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1957 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the West's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Grover Collins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as highly intact example of a Ranch style tract house in Santa Ana. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. City Council 21 — 285 3/21/2023 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial_ NRHP Status Reviewer Page 1 of 4 Resource name(s) or number (assigned by recorder) Grover Collins House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Anaheim Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 947 West Buffalo Avenue City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 001-181-21 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, the Grover Collins House is a one-story, single-family Ranch Style residence with detached garage (Figure 1). Asymmetrical in design, the house exhibits a horizontal emphasis expressed through a low-pitched, complex hipped roof with broad, overhanging eaves and exposed rafters (Figure 2). The exterior of the house is clad primarily in a combination of stucco, brick, and distinctive board and batten siding (Figure 3). The primary (south) fagade contains five architectural bays, with two window bays on either side of the central main entrance bay, which is located within the front porch (Figure 4). The four window bays along the primary fagade contain steel -frame, multi-lite casement windows. The westernmost window is a corner window that projects on brackets outward from the fagade and wraps around the building's southwest corner (Figure 5). Two identical windows are situated east of the main entrance, with a smaller window to the west of the main entrance (Figure 6). Wooden shutters with scalloped detailing outfit the three windows along the primary fagade. The front porch is characterized by a low brick wall that wraps around the west half of the primary fagade, and single wood post that supports the partial width front porch. The entry features an X-paneled and partially glazed front door beneath a wood lap -clad porch ceiling. Brick siding extends east of the entry porch, below the identical steel -frame windows. (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) (Figure 1) Primary (South) elevation, view northeast, December 2022 *P6. Date Constructed/Age and Sources: ■historic 19571 City of Santa Ana Building Permits *P7. Owner and Address: Matthew L. and Robert D. Hale 947 West Buffalo Avenue Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: January 19, 2023 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information City Council 21 — 286 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S3 *Resource Name or #: Grover Collins House 131. Historic Name: Grover Collins House 132. Common Name: Same 133. Original Use: Single-family Residence 134. Present Use: Single-family Residence *135. Architectural Style: Ranch House *136. Construction History: (Construction date, alterations, and date of alterations): May 27, 1957. Permit to construct a 6 room residence and garage. $17,000. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached Garage. B9a. Architect: Unknown b. Builder: Roy Russell *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1957 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Grover Collins House is architecturally significant as a highly intact example of a Ranch style tract house in Santa Ana, owned and constructed by prolific Santa Ana developer Roy Russell. According to City building records, it was built in 1957 for approximately $17,000. According to City directories, by 1960, the house was sold to Grover G Collins, who lived on the property until circa 1975 (when records discontinued listing the homeowner). City directory records indicate that Donald McNealy owned the home in 2000, and in 2008 it was owned by Dexter Whitfield. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: January 19, 2023 DPR 523B (This space reserved for official comments.) (1/95) *Reauired information City Council 21 — 287 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name: Grover Collins House *Recorded by Andrea Dumovich Heywood *Date January 19, 20230 Continuation ❑ Update *P3a. Description (continued): Steel -frame, multi-lite casements and single or double -hung wood windows appear on both east and west side facades. Fenestration along the rear fagade includes two large wood -frame multi-lite fixed windows flanked by single or double -hung wood windows, and an aluminum -frame sliding glass door window that is situated within a rear covered patio. An interior brick chimney rises above the roofline near the building's west fagade. A detached garage is located at the northwest corner of the parcel (Figure 7). The property is landscaped with a lawn, low vegetation, a brick -clad pathway located in the middle of the front yard that leads to the entrance, and a long driveway that leads towards the rear, detached garage. *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the Grover Collins House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Grover Collins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a highly intact example of a speculatively built Ranch Style house by prolific developer Roy Russell from the mid-1950s. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Grover Collins House include, but may not be limited to: horizontal massing; low-pitched complex hipped roof clad in wood shingles; broad, overhanging eaves with exposed rafter tails; combination of exterior materials including stucco, brick, wood lap, and distinctive board and batten siding; front porch entry characterized by a low brick wall and single wood post; X-paneled and partially glazed front door; multi-lite windows with original wood shutters that have scalloped wood detailing; distinctive steel -frame, multi-lite casement window at the southwest corner with architectural brackets below; steel -frame, multi-lite casement windows and wood windows consisting of the single -hung veriety and multi-lite fixed windows. *1312. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1950-1990. DPR 523LCIty COUInCII 21 - 288 3/21 /2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name: Grover Collins House *Recorded by Andrea Dumovich Heywood *Date January 19, 20230 Continuation ❑ Update Additional Figures: Figure 2. Exposed rafter detail facing northwest g p � g 9 7 Figure 4. View of detached garage, facing north. Figure 3. Distinctive board and batten siding, facing northwest. Figure 5. Corner window that projects outward from the fagade and wraps around the building's southwest corner, facino northeast. DPR523LCIty Council 21 — 289 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 21 — 290 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 21 — 291 3/21/2023 Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report January 19, 2023 Topic: HRCA No. 2022-27, HRC 2022-17, HPPA No. 2022-24 — Grover Collins House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2022-27 and Historic Register Categorization No. 2022-17 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Matthew L. and Robert D. Hale, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Matthew L. and Robert D. Hale are requesting approval to designate an existing residence located at 947 West Buffalo Avenue to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. DISCUSSION Project Location and Site Description The subject property is located on the north side of West Buffalo Avenue in the West Floral Park neighborhood. The site contains a 1,741-square-foot, Ranch style residence and detached garage on a 7,860-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria Historic Resources Commission 17 1 /19/2023 City Council 21 — 292 3/21/2023 Exhibit 14 HRCA No. 2022-27, HRC 2022-17, HPPA No. 2022-24 — Grover Collins House January 19, 2023 Page 2 set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 66 years old and is a good example of period architecture. No known code violations exist on record for this property. The Grover Collins House is architecturally significant as a representative example of a highly intact Ranch style tract home in Santa Ana, owned and constructed by prolific Santa Ana developer Roy Russell. According to City building records, it was built in 1957 for approximately $17,000. City directories indicate by 1960, the house was sold to Grover G Collins, who lived on the property until circa 1975 (when records discontinued listing the homeowner). City directory records indicate that Donald McNealy owned the home in 2000 and in 2008 it was owned by Dexter Whitfield. The Grover Collins House is a one-story, single-family Ranch Style residence with detached garage. Asymmetrical in design, the house exhibits a horizontal emphasis expressed through a low-pitched, complex hipped roof with broad, overhanging eaves and exposed rafters. The exterior of the house is clad primarily in a combination of stucco, brick, and distinctive board and batten siding. The primary (south) fagade contains five architectural bays, with two window bays on either side of the central main entrance bay, which is located within the front porch. The four window bays along the primary fagade are steel -frame, multi-lite casement windows. The western -most window is a corner window that projects on brackets outward from the fagade and wraps around the building's southwest corner. Two identical windows are situated east of the main entrance, with a smaller window to the west of the main entrance. Wooden shutters with scalloped detailing outfit the three windows along the primary fagade. The front porch is characterized by a low brick wall that wraps around the west half of the primary fagade, and single wood post that supports the partial width front porch. The entry features an X- paneled and partially glazed front door beneath a wood lap -clad porch ceiling. Brick siding extends east of the entry porch, below the identical steel -frame windows. Steel -frame, multi-lite casements and single or double -hung wood windows appear on both east and west side facades. Fenestration along the rear fagade includes two large wood -frame multi-lite fixed windows flanked by single or double -hung wood windows, and an aluminum -frame sliding glass door window that is situated within a rear covered patio. An interior brick chimney rises above the roofline near the building's west fagade. A detached garage is located at the northwest corner of the parcel. The property is landscaped with a lawn, low vegetation, a brick -clad pathway located in the middle of the Historic Resources Commission 13 1 /19/2023 City Council 21 — 293 3/21/2023 HRCA No. 2022-27, HRC 2022-17, HPPA No. 2022-24 — Grover Collins House January 19, 2023 Page 3 front yard that leads to the entrance, and a long driveway that leads towards the rear, detached garage. Character -defining features of the Grover Collins House include, but may not be limited to: horizontal massing; low-pitched complex hipped roof clad in wood shingles; broad, overhanging eaves with exposed rafter tails; combination of exterior materials including stucco, brick, wood lap, and distinctive board and batten siding; front porch entry characterized by a low brick wall and single wood post; X-paneled and partially glazed front door; multi-lite windows with original wood shutters that have scalloped wood detailing; distinctive steel -frame, multi-lite casement window at the southwest corner with architectural brackets below; steel -frame, multi-lite casement windows and wood windows consisting of the single -hung variety and multi-lite fixed windows. The Grover Collins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a highly intact example of a speculatively -built Ranch Style house by prolific developer Roy Russell from the mid-1950s. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Ranch style. This category is reserved for structures exemplifying greater architectural significance than the "Contributive" category, in addition to contributing to the overall neighborhood or district within the City of Santa Ana. The property is worthy of "Key" status due to the building's Ranch style and quality craftsmanship which features wide overhanging eaves with exposed rafters; wood shingle roof; grouped, steel -frame casement windows with wood shutters, among other original features. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Historic Resources Commission 19 1 /19/2023 City Council 21 — 294 3/21/2023 HRCA No. 2022-27, HRC 2022-17, HPPA No. 2022-24 — Grover Collins House January 19, 2023 Page 4 The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Following the purchase of the home in 2017, the property underwent improvements including interior and exterior upgrades and restoration. The overall exterior work included window restoration (which maintained the original window frames and glass), driveway gate repair, and painting in 2019. The following year, exterior work involved front door hardware restoration and landscape improvements. In 2022, landscape improvements continued and exterior light fixtures were improved with period -correct pieces. Overall, future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include replacing the garage door, painting, chimney maintenance, replacement of wood shingle roof in -kind to match existing, driveway and rear patio concrete repair, and general on -going maintenance. During the 2022 site visit, staff noted that the building's roof maintains compatible wood shingles, which is a character defining feature of the house. The owner desires to maintain the roof's wood shingle style and will work with staff to ensure that the proposed new roof will be compatible and maintain the existing wood shingle look and/or material as part of the Mills Act Agreement for this property. As part of the mills act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the West Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions Historic Resources Commission 20 1 /19/2023 City Council 21 — 295 3/21/2023 HRCA No. 2022-27, HRC 2022-17, HPPA No. 2022-24 — Grover Collins House January 19, 2023 Page 5 are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-102 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $848.30 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission 21 1 /19/2023 City Council 21 — 296 3/21/2023 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2022-27 TO PLACE THE PROPERTY LOCATED AT 947 WEST BUFFALO STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2022-17 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On January 19, 2023, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-27) and categorization (Historic Resources Commission Categorization No. 2022-17) of the Grover Collins House located at 947 West Buffalo Avenue, Santa Ana. B. The Grover Collins House has distinctive architectural features of the Ranch style and was built in 1957. C. The Grover Collins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a highly intact example of a speculatively built Ranch Style house by prolific developer Roy Russell from the mid-1950s. The house displays characteristics of the Ranch style through its use of single -story, horizontal massing; broad overhanging eaves with exposed rafter tails; low-pitched hipped roof clad in wood shingles; asymmetrical facade; brick, wood lap, and distinctive board and batten siding; partial recessed entry; grouped casement windows with wood shutters; and a brick planter. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). This category is reserved for structures exemplifying greater architectural significance than the "Contributive" category, in addition to contributing to the overall neighborhood or district within the City of Santa Ana. The property is worthy of "Key" status due to the building's Ranch style and quality craftsmanship which features wide overhanging eaves with exposed rafters; wood shingle roof; grouped, steel -frame casement windows with wood shutters, among other original features. Character - defining features of the Grover Collins House include, but may not be Historic Resources Commission 22 1 /19/2023 City Council 21 — 297 ResolutioRdl�39?-3 X Page 1 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 limited to: Horizontal massing; low-pitched complex hipped roof clad in wood shingles; broad, overhanging eaves with exposed rafter tails; combination of exterior materials including stucco, brick, wood lap, and distinctive board and batten siding; front porch entry characterized by a low brick wall and single wood post; X-paneled and partially glazed front door; multi-lite windows with original wood shutters that have scalloped wood detailing; distinctive steel -frame, multi-lite casement window at the southwest corner with architectural brackets below; steel -frame, multi-lite casement windows and wood windows consisting of the single -hung variety and multi-lite fixed windows. D. The legal owners of the property are Matthew L. and Robert D. Hale. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2022-125 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2022-27 to place the Grover Collins House located at 947 West Buffalo Avenue, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2022-17 placing the Grover Collins House located at 947 West Buffalo, Santa Ana, 92706 within the Key category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Historic Resources Commission 23 1 /19/2023 City Council 21 — 298 ResolutioRdl�39?-3 X Page 2 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 19t" day of January, 2023. Tim Rush Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney John M. Funk Chief Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, CHELSEA SHAFER, Acting Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on January 19, 2023. Date: Acting Commission Secretary City of Santa Ana Historic Resnurces Commissinn 24 1 /19/2023 City Council 21 — 299 ResolutioRdl�39?-3 X Page 3 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 001-181-21 947 West Buffalo Avenue REAL PROPERTY IN THE Matthew L. and CITY OF SANTA ANA, Robert D. Hale COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE WEST 58 FEET OF LOT 4 AND THE EAST 2 FEET OF LOT 3 OF TRACT NO. 3012 AS PER MAP RECORDED IN BOOK 90, PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Resolution--Ro.1 "' Wistoric25 1 City Council 21 — 300 3/21/2023 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2022-27 and Historic Resources Commission Categorization No. 2022-17 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission's approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 947 West Buffalo Avenue, historically known as the Grover Collins House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. Resolution No. 2023-XXX Historic Resnurces Commissinn 26 1 /� City Council 21 — 301 3/21/2023 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 KELLY ARCADIO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 OR# 3657945 NOTICE OF PUBLIC HEARING correspondence delivered to the Historic BEFORE THE SANTA ANA HISTORIC Resources Commission or City Council of RESOURCES COMMISSION the City of Santa Ana at, or prior to, the The City of Santa Ana encourages the public hearing. public to participate in the decision- Si tiene preguntas en espafiol, favor de making process. We encourage you to Ilamar a Kelly Arcadio at (714) 647- COPY OF NOTICE contact us prior to the Public Hearing if you have any questions. _ 5881. Neu can lien Inc bang tieng Vigt, An Historic Resources Commission dign thoai cho Tony Lai so (714) 565- Action: The Historic Resources 2627. Commission will hold a Public Hearing to 1/6/23 receive public testimony, and will take OR-3657945# action on the item described below. Their decision is final unless appealed to the Notice Type: GPN GOVT PUBLIC NOTICE City Council within 10 days of the decision by any interested party or group. Ad Description Project Location: 947 West Buffalo Avenue (historically known as The Grover 947 W Buffalo Ave Collins House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Matthew L. and Robert D. Hale To the right is a copy of the notice you sent to us for publication in the Project Description: The applicant is requesting approval of Historic Resources ORANGE COUNTY REPORTER. Thank you for using newspaper. Please y g our news p p Commission Application No. 2022-27, read this notice carefully and call us with any corrections. The Proof of Historic Register Categorization No. 2022- 17, and Historic Property Preservation Publication will be filed with the County Clerk, if required, and mailed to you allow the placement ta d cai gon categ-24 orization the Santa after the last date below. Publication date(s) for this notice is (are): Ana Register of Historical Properties as Key for the above mentioned property and 01/06/2023 to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this The charge(s) for this order is as follows. An invoice will be sent after the last action is designed to preserve a historic date of publication. If you prepaid this order in full, you will not receive an resource. Categorical Exemption No. ER - 2022-125 will be filed for this project. Invoice. Meeting Details: This matter will be heard on Thursday, January 19, 2023, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.org/pb/meeting-parUcipation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments5-sa nta-ana.org Dail Journal Corporation (reference the topic in the subject line) or v p mail to Chelsea Shafer, Acting Recording Serving your legal advertising needs throughout California. Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 comments is 3:00 p.m. on the day of BUSINESS JOURNAL, RIVERSIDE 951 784-0111 ( ) the meeting. Comments received after the deadline may not be distributed to the DAILY COMMERCE, LOS ANGELES (213) 229-5300 Commission but will be made part of the record. LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 Where To Get More Information: Additional details regarding the proposed SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 action(s), including the full text of the SAN JOSE POST -RECORD, SAN JOSE 408 287-4866 ( ) discretionary item, may be found on the City website 72 hours prior to the public THE DAILY RECORDER, SACRAMENTO (916) 444-2355 hearing at: https:llsanta- ana.pdmegov.com/public/portal. THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 Who To Contact For Questions: Should you have any questions, please contact THE INTER -CITY EXPRESS, OAKLAND (510) 2724747 Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood@santa-ana.org or 714-647- 5899. Note:lf you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written II"11 1E 111 ity ounC1 21 — 302 3/21/2023 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 198E o Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 947 West Buffalo Avenue (historically known as The Grover Collins House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Matthew L. and Robert D. Hale Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2022-27, Historic Register Categorization No. 2022-17, and Historic Property Preservation Agreement No. 2022-24 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Key for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2022-125 will be filed for this project. Meeting Details: This matter will be heard on Thursday, January 19, 2023, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(a)_santa-ana.org (reference the topic in the subject line) or mail to Chelsea Shafer, Acting Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Heywood w '7 UJI d' is y117 r ! sr-r ci] 1. dl'1 :Kill•,: • ' 22&1 • • • . e e . • • • vi ! 1 899. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Kelly Arcadio (714) 647-5881. Neu can lien lac bang tieng Viet, xin dien thoai cho Tony Lai so (714) 565-2627. 500' RADIUS NOTIFICATION MAP Publish: OC Reporter Date: January 6, 2023 Historic Resources Commission 29 1 /19/2023 City Council 21 — 304 3/21/2023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Matthew L. Hale, A Single Man, and Robert D. Hale, A Single Man, as Joint Tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 947 West Buffalo Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 947 West Buffalo Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 21 — 305 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on March 22, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other parry. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. Historic Resnurces Commissinn _ 31 1 /19/2023 City Council 21 — 306 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the Historic Resnurces Commissinn 32 1 /19/2023 City Council 21 — 307 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 947 West Buffalo Avenue, Assessor Parcel Number, 001-181-21, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Historic Resnurces Commissinn 33 1 /19/2023 City Council 21 — 308 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Matthew L. and Robert D. Hale 947 West Buffalo Avenue Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Historic Resnurces Cnmmissinn 34 1 /19/2023 City Council - s 21 — 309 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Historic Resnurces Commissinn 35 1 /1 q/2023 City Council 21 — 310 3/21/2023 ATTEST: Clerk of the Council OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: MATTHEW L. HALE By: ROBERT D. HALE RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Historic Resnurces Cnmmissinn 36 1 /19/2023 City Council 21 — 311 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE WEST 58 FEET OF LOT 4 AND THE EAST 2 FEET OF LOT 3 OF TRACT NO. 3012 AS PER MAP RECORDED IN BOOK 90, PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 001-181-21 Historic Resnurces Commissinn 37 1 /19/2023 City Council 21 — 312 3/21/2023 EXECUTIVE SUMMARY Grover Collins House 947 West Buffalo Avenue Santa Ana, CA 92706 NAME Grover Collins House REF. NO. ADDRESS 947 West Buffalo Avenue CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1957 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the West's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Grover Collins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as highly intact example of a Ranch style tract house in Santa Ana. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. Historic Resources Commission 38 1 /19/2023 City Council 21 — 313 3/21/2023 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Page 1 of 4 Resource name(s) or number (assigned by recorder) Grover Collins House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Anaheim Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 947 West Buffalo Avenue City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 001-181-21 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, the Grover Collins House is a one-story, single-family Ranch Style residence with detached garage (Figure 1). Asymmetrical in design, the house exhibits a horizontal emphasis expressed through a low-pitched, complex hipped roof with broad, overhanging eaves and exposed rafters (Figure 2). The exterior of the house is clad primarily in a combination of stucco, brick, and distinctive board and batten siding (Figure 3). The primary (south) fagade contains five architectural bays, with two window bays on either side of the central main entrance bay, which is located within the front porch (Figure 4). The four window bays along the primary fagade contain steel -frame, multi-lite casement windows. The westernmost window is a corner window that projects on brackets outward from the fagade and wraps around the building's southwest corner (Figure 5). Two identical windows are situated east of the main entrance, with a smaller window to the west of the main entrance (Figure 6). Wooden shutters with scalloped detailing outfit the three windows along the primary faQade. The front porch is characterized by a low brick wall that wraps around the west half of the primary fagade, and single wood post that supports the partial width front porch. The entry features an X-paneled and partially glazed front door beneath a wood lap -clad porch ceiling. Brick siding extends east of the entry porch, below the identical steel -frame windows. (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) (Figure 1) Primary (South) elevation, view northeast, December 2022 *P6. Date Constructed/Age and Sources: ■historic 19571 City of Santa Ana Building Permits *P7. Owner and Address: Matthew L. and Robert D. Hale 947 West Buffalo Avenue Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: January 19, 2023 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523 ,,,, , „„, pmulred information City Council 21 — 314 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S3 *Resource Name or #: Grover Collins House 131. Historic Name: Grover Collins House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Ranch House *136. Construction History: (Construction date, alterations, and date of alterations): May 27, 1957. Permit to construct a 6 room residence and garage. $17,000. *B7. Moved? ■No ❑Yes ❑Unknown Date: Original location: *B8. Related Features: Detached Garage. 139a. Architect: Unknown b. Builder: Roy Russell *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1957 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Grover Collins House is architecturally significant as a highly intact example of a Ranch style tract house in Santa Ana, owned and constructed by prolific Santa Ana developer Roy Russell. According to City building records, it was built in 1957 for approximately $17,000. According to City directories, by 1960, the house was sold to Grover G Collins, who lived on the property until circa 1975 (when records discontinued listing the homeowner). City directory records indicate that Donald McNealy owned the home in 2000, and in 2008 it was owned by Dexter Whitfield. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: January 19, 2023 DPR 523B (1/95) *Required information (This space reserved for official comments.) Sketch Map Grover Collins House 947 West Buffalo Avenue 0111ACLARA , .a og AVEME : ox o&on O ELFFACO AVVAI E ¢ _o_ Historic Resources Commission 40 1/19/2023 City Council 21 — 315 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name: Grover Collins House 'Recorded by Andrea Dumovich Heywood *Date January 19, 20230 Continuation ❑ Update *133a. Description (continued): Steel -frame, multi-lite casements and single or double -hung wood windows appear on both east and west side facades. Fenestration along the rear fagade includes two large wood -frame multi-lite fixed windows flanked by single or double -hung wood windows, and an aluminum -frame sliding glass door window that is situated within a rear covered patio. An interior brick chimney rises above the roofline near the building's west fagade. A detached garage is located at the northwest corner of the parcel (Figure 7). The property is landscaped with a lawn, low vegetation, a brick -clad pathway located in the middle of the front yard that leads to the entrance, and a long driveway that leads towards the rear, detached garage. *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the Grover Collins House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Grover Collins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a highly intact example of a speculatively built Ranch Style house by prolific developer Roy Russell from the mid-1950s. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Grover Collins House include, but may not be limited to: horizontal massing; low-pitched complex hipped roof clad in wood shingles; broad, overhanging eaves with exposed rafter tails; combination of exterior materials including stucco, brick, wood lap, and distinctive board and batten siding; front porch entry characterized by a low brick wall and single wood post; X-paneled and partially glazed front door, multi-lite windows with original wood shutters that have scalloped wood detailing; distinctive steel -frame, multi-lite casement window at the southwest corner with architectural brackets below; steel -frame, multi-lite casement windows and wood windows consisting of the single -hung veriety and multi-lite fixed windows. *1312. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1950-1990. Historic Resources Commission 41 1 /19/2023 DPR523LCIty Council 21 — 316 3/21/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name: Grover Collins House 'Recorded by Andrea Dumovich Heywood "Date January 19, 2023❑x Continuation ❑ Update Additional Figures: i Figure 2. Exposed rafter detail, facing northwest. Figure 3. Distinctive board and batten siding, facing northwest. a i Figure 4. View of detached garage, facing north. Figure 5. Corner window that projects outward from the fagade and wraps around the building's southwest corner, facing northeast. Figure 6. Two identical, steel -frame, multi-lite casement Figure 7. View of detached garage, facing north. windows, facing north. Historic Resources Commission 42 1 /19/2023 DPR523LCIty Council 21 — 317 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Histnric Resnurces Cnmmissinn 43 1 /19/2023 City Council 21 — 318 3/21/2023 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Historic Resnurces Commissinn 44 1 /19/2023 City Council 21 — 319 3/21/2023 City Manager's Office www.santa-ana.org/city-managers-office i Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Councilmember-Requested Item Policy AGENDA TITLE Councilmember-Requested Item Policy Informational Report RECOMMENDED ACTION Accept informational report and provide direction to staff. DISCUSSION Background At the August 16, 2022 meeting, Councilmember Phan added the following councilmember requested item: Discuss and Consider Directing Staff to Implement a Process that Will Allow the City Council to More Efficiently and Effectively Present Councilmember Requested Items on the Agenda. There was consensus among the City Council to proceed with this item. City Council Legislative Authority and City Council Meeting Agendas As the legislative body of the City of Santa Ana, the City Council's role is to legislate —or to set policy. The City Council is empowered to enact local laws, approve programs, appropriate funds, establish local taxes, and approve other local government actions through its legislative authority. This function is primarily carried out through City Council action at regularly scheduled City Council meetings. City Council meetings are guided by an agenda, which consists of items relating to the City of Santa Ana local government. Matters of policy are ordinarily determined by a majority vote of the City Council on each agenda item. In some cases, a two-thirds vote of the City Council is required (e.g. for appropriation adjustments). Under the Council -Manager form of government, under the leadership of the City Council, the City Manager sets the agenda and the City Clerk prepares the agenda. Council member-Reauested Items Section 411 of the Santa Ana City Charter states, in part, that "any member of the City Council may place items on the City Council agenda to be considered by the City Council". Councilmember-requested items are discussion items only; the City Council City Council 23 — 1 3/21/2023 Councilmember Requested Item Policy March 21, 2023 Page 2 does not take any action. Councilmember-requested items may include any issue within the City Council's jurisdiction, such as requests for policy research, drafting resolutions and ordinances, and providing direction to City staff relating to the implementation and/or evaluation of a policy. The City Council Handbook, which is prepared annually by the City Manager's Office and City Clerk's Office, provides administrative guidance on certain procedures relating to the City Council, including councilmember-requested items. Regarding councilmember-requested items, the current edition of the City Council Handbook states the following: COUNCIL AGENDA ITEM Any member of the City Council may place items on the agenda that are staff directives or policy changes. They are listed on the agenda pursuant to Charter § 411. Items may be added by emailing the Clerk of the Council and City Manager. The "Council Agenda Item" provision of the City Council Handbook is the only written guidance that exists relating to councilmember-requested items. At the August 16, 2022 meeting, members of the City Council discussed the creation of a policy to provide guidance to the City Council, with the goal of presenting councilmember-requested items to facilitate efficient and effective discussion among the members of the City Council. Specifically, the City Council discussed the creation of a policy that might include the following elements: • Each councilmember-requested item is accompanied by a written report that outlines the following: o Topic: Use plain language to describe the topic of the report. o Title: Describe the action and subject of the report. o Recommendation: Identify the action that you would like the City Council to take. o Discussion: Provide a brief chronology of the item. Identify issues. If there is a provision of law, rule, policy, and/or previous City Council action related to this item, note it in this section. Provide a brief explanation of the item, focusing on data collection, analysis, and evaluation, which justifies your recommendation. Prior to the report being published as part of the City Council meeting agenda, the councilmember confers with the City Manager, City Clerk, and City Attorney to inform them of the councilmember-requested item. Once the report is written and after the councilmember has conferred with the City Manager, City Clerk, and City Attorney, the councilmember submits the report to the City Manager's Office and City Clerk's Office to be added to an upcoming City Council meeting agenda. The report must be submitted by 12 p.m. on the established due dates to ensure compliance with the City's Sunshine Ordinance (see Sec. 2-150 of the Santa Ana Municipal Code). City Council 23 — 2 3/21/2023 Councilmember Requested Item Policy March 21, 2023 Page 3 Currently, there is no policy approved by the City Council relating to placing councilmember-requested items on the agenda. Proposed City Council Policy Regarding Councilmember-Requested Items Based off of input provided by members of the City Council at their meeting on August 16, 2022, staff has prepared the attached draft City Council Policy Regarding Council member -Requested Items (Exhibit 1). The draft policy includes a Council member -Requested Item template to be used by the requesting councilmember to submit the councilmember-requested item. Next Steps The City Council has the following options to consider relating to this matter: 1. Accept informational report and direct staff to return with a resolution adopting the City Council Policy Regarding Councilmember-Requested Items. 2. Direct staff to return with additional information. 3. Take no action. Staff recommends that the City Council accept the informational report and direct staff to return with a resolution adopting the City Council Policy Regarding Councilmember- Requested Items. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Draft City Council Policy Regarding Councilmember-Requested Items Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 23 — 3 3/21/2023 City of Santa Ana Administrative l - Policies and Procedures City Council Adoption Date: [month], [day], [year] City Council Policy Regarding Councilmember-Requested Items PURPOSE Provide guidance to the City Council, with the goal of presenting councilmember- requested items to facilitate efficient and effective discussion among the members of the City Council. POLICY The City Manager and City Clerk shall publish a councilmember-requested item in accordance with the City of Santa Ana's Sunshine Ordinance (Santa Ana Municipal Code Section 2-150) and in accordance with the procedures below. The agenda item shall include a written description that is sufficient to apprise interested persons of the subject matter of the discussion to be conducted. PROCEDURE In accordance with Chapter 9, Part 1 of Division 2 of Title 5 of the California Government Code beginning with Section 54950 (the Ralph M. "Brown Act"), Santa Ana City Charter Section 411 ("Rules and Procedures"), City Council Resolution 2013-019 ("A Resolution of the City Council of the City of Santa Ana Amending the City Council Rules and Procedures to Establish Procedures for Calling Special Meetings, Altering the Agenda Format to Provide for Council Reports, Changing the Day of Regular Council Meetings, and Repealing Resolution No. 2012-025"), and all other applicable laws and regulations, members of the City Council may add a councilmember- requested item to a City Council meeting agenda for discussion only by completing the following procedures: The member of the City Council prepares a written report using the attached Council member -Requested Item template (Attachment A) that outlines the following: A. Topic: Use plain language to describe the topic of the report. B. Title: Describe the action and subject of the report. C. Recommendation: Identify the action that you would like the City Council to take. D. Discussion: Provide a brief chronology of the item. Identify issues. If there is a provision of law, rule, policy, and/or previous City Council action related to this item, note it in this section. Provide a brief explanation of the item, focusing on data collection, analysis, and evaluation, which justifies your recommendation. City Council 23 — 4 3/21/2023 E. The member of the City Council confers with the City Manager, City Clerk, and City Attorney in writing to inform them of the councilmember- requested item. 2. The written communication from the member of the City Council to the City Manager, City Clerk, and City Attorney includes the written report, using the Council member -Requested Item template, as described in Section 1 of this section. A. The written communication from the member of the City Council to the City Manager, City Clerk, and City Attorney must be submitted by no later than 12.00 p.m. on the regular City Council meeting agenda publishing due date, in accordance with the established due dates to ensure compliance with the City's Sunshine Ordinance (see Sec. 2-150 of the Santa Ana Municipal Code). 3. Once the report is written and after the member of the City Council has conferred with the City Manager, City Clerk, and City Attorney in writing, the councilmember submits the report to the City Manager's Office and City Clerk's Office to be added to an upcoming City Council meeting agenda. A. The report must be submitted by no later than 12:00 p.m. on the regular City Council meeting agenda publishing due date, in accordance with the established due dates to ensure compliance with the City's Sunshine Ordinance (see Sec. 2-150 of the Santa Ana Municipal Code). Pag ity Council 23 — 5 3/21/2023 City Council b www.santa-ana.org/city-council �Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Councilmember-Requested Item Report [month], [day], [year] TOPIC: [use plain language to describe the topic of the report] AGENDA TITLE: [describe the action and subject of the report] RECOMMENDED ACTION [identify the action that you would like the City Council to take, keeping in mind that the councilmember-requested item is for discussion only] DISCUSSION [Provide a brief chronology of the item. Identify issues. If there is a provision of law, rule, policy, and/or previous City Council action related to this item, note it in this section.] [Provide a brief explanation of the item, focusing on data collection, analysis, and evaluation, and which justifies your recommendation.] EXHIBIT(S) 1. [list any attachments you include in your report] Submitted By: [councilmember] City Council 23 — 6 3/21/2023 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 March 21, 2023 TOPIC: Fiscal Year 2022-23 Mid -Year Budget Update, Revive Santa Ana Spending Plan Update, Appropriation Requests, and Workforce Changes AGENDA TITLE Fiscal Year 2022-23 Mid -Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes RECOMMENDED ACTION 1. Receive and file the FY 2022-23 Mid -Year Budget Update, including an update for the Revive Santa Ana Spending Plan. 2. Approve the recommended Appropriation Adjustments. (Requires five affirmative votes) 3. Adopt a Resolution - 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. 4. Adopt a Resolution - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2022-2023 ANNUAL BUDGET TO ADD AND DELETE FULL-TIME POSITIONS IN THE LIBRARY DEPARTMENT, PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT, PLANNING AND BUILDING DEPARTMENT, AND PUBLIC WORKS DEPARTMENT. EXECUTIVE SUMMARY The Mid -Year Budget Update provides a snapshot of the General Fund activity for the first six months of the fiscal year, new information with impact to revenue, recommended appropriation adjustments, an update of the Revive spending plan, and notable items for other funds of the City. The update also includes recommended workforce changes and a full-time position vacancy report as of December 31, 2022. Finally, the report includes an updated summary of all funds with estimated fund balances at June 30, 2023. City Council 24 — 1 3/21/2023 Fiscal Year 2022-23 Mid -Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes March 21, 2023 Page 2 A summary of the General Fund budget follows: FY22-23 Budget Updated with First Quarter Report on November 15, 2022 Proposed Mid -Year Adjustments Updated Estimate Beginning Balance at July 1, 2022 $113,509,544 $0 $113,509,544 Revenue Estimate $391,552,940 $7,383,500 $398,936,440 Appropriated Spending $406,880,124 4,423,760 $411,303,884 Pension Trust Set -Aside $7,748,811 $0 $7,748,811 Estimated Ending Balance at June 30,2023 $90,433,549 $2,959,740 $93,393,289 Less 18% Reserve 70,479,529 1,329,030 $71,808,559 Estimated Spendable Balance 19,954,020 1,630,710 $21,584,730 DISCUSSION This report focuses on the General Fund, as it is the primary operating fund of the City, and the Revive spending plan due to its significance to the community. Only notable items are included for other funds. No discussion is included for fund activity that is expected to approximate the budget for the current fiscal year. The FY 2022-23 budget document includes a Fund Summary for all funds of the City, including the estimated fund balance at July 1, 2022, the adopted budget, and the estimated fund balance at June 30, 2023. We now have actual fund balances at July 1, 2022, as well as updated budget amounts. Therefore, we have included an updated Fund Summary as Exhibit 5, which includes all the recommendations in this report. General Fund Revenue A summary of General Fund revenue follows. The City receives most of its revenue up to 60 days after the corresponding period. For example, the City receives the December Sales Tax in February. Therefore, we can expect to have received approximately 4 months (or 33%) of revenue by December 31. Except for the items discussed below, we do not expect any significant variances to General Fund revenue estimates at this time. City Council 24 — 2 3/21/2023 Fiscal Year 2022-23 Mid -Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes March 21, 2023 Page 3 Annual Estimate Received as of Percent Updated with 1st Qtr 12/31/2022 Received Property Tax + In -Lieu of VLF + Residual 94,235,000 30,207,055 32% Sales Tax Measure X 88,102,000 28,981,618 33% Sales Tax Bradley -Burns 64,550,000 21,163,355 33% Utility Users Tax 24,400,000 12,637,575 52% Cannabis Tax 22,200,000 7,400,096 33% Business License Tax 15,000,000 1,556,677 10% Other Taxes 12,491,100 5,497,980 44% Charges for Service, Licenses & Permits 21,319,580 14,580,951 68% Jail Facility Revenue 16,521,360 4,874,742 30% Franchise Fees 10,960,100 2,568,820 23% All Other 21,773,800 13,687,876 63% Totals 391,552,940 143,156,745 37% Utilitv Users Tax (UUT The City's UUT is 5.5% of utility charges. The price of natural gas substantially increased in December and January, which affects the City's UUT revenue. For example, the SoCalGas website reports that the core -procurement gas price for January 2023 was 344.892 cents per therm, compared to the January 2022 price of 83.569 cents per therm. We expect FY 2022-23 UUT revenue for natural gas to be approximately $1 million more than the budget amount of $3.2 million, and have adjusted our revenue estimate accordingly. Electricity for UUT has been steadily increasing over the last several years. Southern California Edison reports that the number of customer accounts has been increasing. After adopting the FY 2022-23 budget with a $13.1 million revenue estimate, we closed the FY 2021-22 books with a final revenue of $13.7 million. At this time, we expect Electricity UUT to exceed the budget estimate of $13.1 million by $2 million. Cannabis Tax The new tax rates became effective January 1, 2023. The earliest we see January receipts is the end of February. Therefore, we have no data to analyze the impact of rate changes. We expect to provide an update of Cannabis Tax with the Third Quarter budget report. Business License Tax The majority of annual business license tax is collected in the spring each year. Therefore, at December 31, the City has only collected a small portion of revenue, and we do not yet have data to analyze the impact of the voter -approved Measure W. We City Council 24 — 3 3/21/2023 Fiscal Year 2022-23 Mid -Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes March 21, 2023 Page 4 expect to provide an update of Business License Tax with the Third Quarter budget report. Building Plan Check Revenue The FY 2022-23 budget for Building Plan Checks was $2,022,100. As of December 31, we have already collected $3,598,910 of revenue, primarily due to the Main Place development, the Cabrillo multi -use residential building, and the Center Pointe multi -use residential building. Using the most conservative method of forecasting, we are comfortable increasing the revenue estimate by $2 million at this time. Planning & Building has a request to add four full-time positions to meet the increased demand. Investment Earnings The City received $128 million of federal funding from the American Rescue Plan Act (ARPA). Many of the City's projects and programs funded with ARPA take time to execute (e.g. Main Library renovation), which means the City has been holding ARPA cash. Federal guidelines allow us to deposit interest earnings from ARPA cash into the City's General Fund. In addition, the Federal Reserve has raised interest rates by 3.50% since the City Council's budget hearing on June 7, 2022. Therefore, we have increased our interest earnings revenue estimate from $475,000 to $2,675,000, which is a $2.2 million increase. General Fund Expenditures A summary of General Fund expenditures follows (does not include carryovers from FY 2021-22): City Council 24 — 4 3/21/2023 Fiscal Year 2022-23 Mid -Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes March 21, 2023 Page 5 Annual Budget Spending as of Percent Updated with 1st Qtr 12/31/2022 Expended City Manager's Office 2,939,040 1,349,453 46% City Council 1,029,860 353,650 34% Clerk of the Council 1,935,720 607,884 31% City Attorney's Office 3,584,860 1,184,461 33% Human Resources 3,884,170 1,840,457 47% Finance & Mgmt Svcs 11,750,090 5,494,451 47% Library 6,720,310 2,982,690 44% Parks, Rec & Comm Svcs 13,574,280 6,344,787 47% Police Department 142,772,990 67,542,754 47% Fire Services 1 53,956,950 29,858,584 55% Planning & Building 19,545,470 7,099,250 36% Public Works 50,705,414 13,828,303 27% Community Development 7,944,600 3,291,505 41% Museum Funding' 2,542,320 1,795,916 71% General Non-Dep 48,103,560 22,888,437 48% Inter -fund Transfers 35,890,490 15,300,834 43% Totals 406,880,124 181,763,418 45% 1 Fire Services spending includes a one -month advance. 2 Museum Funding includes one-time capital reimbursements. Finance Staff Retirements Two long-term Finance employees (36 years and 39 years) filed for retirement in December 2022. During budget preparation, staff did not know they would retire during FY 2022-23. The accrued leave -time cash -outs totaled $201,260. The Finance department budget cannot absorb the significant additional expenditure that was compliant with labor agreements, and staff requests a budget increase accordingly. Santa Ana Zoo's Giant River Otter/Primate Trails Staff requests $1.3 million for additional zoo improvements to utilize the contractor already onsite for the giant river otter habitat. The additional improvements will relocate three primate species from the north end of the zoo and remove the antiquated habitats for the upcoming primate forest project. Both improvements are part of the Master Plan. The requested funding will also address the lighting deficiency in the area. Waste Hauler Donation Republic Services provided a donation of $183,500 to the City to support community events and charitable programs. We request General Fund appropriations to allocate $25,000 to the Library, $48,500 to Parks, Recreation & Community Services, $25,000 to City Council 24 — 5 3/21/2023 Fiscal Year 2022-23 Mid -Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes March 21, 2023 Page 6 the Non -Departmental section of the budget for the City Manager's Office to administer, and a Public Works Administration Fund appropriation of $85,000. The detailed spending plan follows: • Parks, Recreation & Community Services o Egg-Cellent Adventure Egg Hunt on April 8 $12,125 o Santa Ana Fun Run 5k/10k and one -mile Fun Run/Toddler Trot $12,125 o Party for the Planet at the Zoo $12,125 o Juneteenth Celebration $12,125 • Library — in partnership with the Segerstrom Center for the Performing Arts, provide creative programs for participants of all ages and abilities through Studio D: Arts School of All Abilities City Manager's Office — funds will be used to augment citywide community events and charitable programs Public Works o May 20 community event $15,000 o Santa Anita Park ground -breaking ceremony in March $3,000 o Park Santiago Gas House community BBQ in March $5,000 o Arbor and Earth Day event on April 22 $7,000 o Various ribbon cutting events $5,000 o Various community meeting rentals and refreshments $15,000 o Educational brochures and handouts $25,000 o Community giveaways $10,000 Police Staffing Request The Police Department would like to remove one Forensic Specialist II position from the hiring freeze due to increased fingerprint processing and a backlog that adversely affects the quality of investigative results. There is no current year fiscal impact due to budgetary savings. The ongoing actual cost may be $140,000. Debt Service for 800 MHz Communication System During FY 2022-23 budget preparation, staff inadvertently omitted a $23,000 principal payment for the 800 MHz communication system used by multiple departments in the City. Staff requests an adjustment to correct the error. Museum Building Capital Repairs The FY 2022-23 budget includes funding to reimburse Bowers Museum for capital repairs to the City -owned building, as allowed by the City's agreement with the museum. The final request from Bowers, based on documented support for the reimbursement, necessitates another $25,000 of funding. Staff recommends an appropriation adjustment accordingly. City Council 24 — 6 3/21/2023 Fiscal Year 2022-23 Mid -Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes March 21, 2023 Page 7 Annual Prayer Breakfast and Orange County Pride Parade & Festival Sponsorship As an informational update, other entities and private parties in the City will fund an annual Prayer Breakfast, likely in May. Therefore, we no longer request an appropriation adjustment. The City received a donation request for the Orange County Pride Parade & Festival held in Santa Ana in June. Staff requests an appropriation of $30,000 to sponsor the event. Third & Broadway Development — Informational Only On October 5, 2020, the City entered into a development agreement with Caribou Industries for the Third & Broadway property. The development project includes a residential tower with 171 apartment units (including 17 affordable units), 13,419 square feet of commercial space, and a ten -story parking garage with 212 public parking spaces, 196 residential parking spaces, and 37 hotel valet parking spaces. The project also includes a hotel tower with a 75-room hotel and 83 non -valet parking spaces. The development agreement obligates the City to loan up to $13 million to demolish the existing parking garage, prepare the site with a rough grade, construct 212 of the public parking spaces, and reconstruct Sycamore to reconnect 3rd and 4t" Streets. The developer recently completed all contractual requirements to secure the $13 million funding from the City. Based upon new information regarding the timing of project construction, staff will include the $13 million contractual obligation in the FY 2023-24 proposed budget. There is no appropriation request at this time. Housekeeping Adjustments for Labor Agreements — Informational Update As part of the FY 2022-23 General Fund budget, the City Council appropriated $5 million for any wage increases associated with labor negotiations, within the Non - Departmental section of the budget. On November 15, the City Council approved a labor agreement with the Police Management Association with an estimated fiscal impact that would use $152,606 of the $5 million appropriation. On November 15, the City Council approved a labor agreement with the Part -Time Service Employees International Union with an estimated fiscal impact that would use $377,075 of the $5 million appropriation. On December 20, the City Council approved the last, best and final offer for the Police Officers Association with an estimated fiscal impact that would use $1,325,365 of the $5 million appropriation. All three staff reports indicated that we would propose housekeeping adjustments at Mid -Year to allocate from the Non -Departmental section into the affected department programs. Housekeeping adjustments do not require additional appropriations; the housekeeping adjustments are merely used to facilitate streamlined accounting of related expenditures. At this time, staff will proceed without the housekeeping adjustments. City Council 24 — 7 3/21/2023 Fiscal Year 2022-23 Mid -Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes March 21, 2023 Page 8 Revive Spending Plan Update The Revive Spending Plan, to protect and revive the community as Santa Ana emerges from the impacts of the pandemic, is from $128 million of federal American Rescue Plan money. The funding must be obligated by December 2024 and fully spent by December 2026. The City has completed many of the projects, and has initiated many more. A comprehensive presentation of the Revive Santa Ana Spending Plan was presented at the February 21, 2023 City Council meeting. Since this time, staff has made themselves available to provide information to and respond to questions from the City Council. Classification & Compensation Plan and Workforce Changes and Vacancy Report Human Resources requests Classification & Compensation Plan changes across various departments (Exhibit 2), including the creation of six new classifications, deletion of one classification, updates to two existing job titles, and compensation changes to thirty-six existing classifications with an estimated ongoing annual fiscal impact of $140,000. Detailed information for the following proposed workforce changes are in Exhibit 3. Library requests changes to streamline staffing and improve administrative supervision. Specifically, Library recommends deleting one Library Technician and one Management Analyst, and adding one Graphics Designer I and one Senior Management Analyst with no current year fiscal impact due to budgetary savings. The future annual net impact may be $37,000. Parks, Recreation & Community Services Agency (PRCSA) requests the following workforce changes to improve supervision with no current year fiscal impact. • Delete one Recreation & Community Services Supervisor and add one Recreation Program Coordinator and one Recreation Leader (future annual impact may be $20,000); Upgrade one Recreation Leader to a Recreation Program Coordinator (future annual impact may be $34,000); and Upgrade one Accounting Assistant to a of $26,000). Management Aide (future annual impact PRCSA also requests to add the following positions with no current year fiscal impact due to budgetary savings. • One Recreation Program Coordinator to restructure the existing Senior Mobility Program from a part-time staffing program to a full-time staffing program using existing and future funding from the Orange County Transportation Authority (future annual impact may be $107,000); • Two General Maintenance Workers to address needed deferred maintenance at the Zoo such as additional tasks related to the opening of the new River Otter City Council 24 — 8 3/21/2023 Fiscal Year 2022-23 Mid -Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes March 21, 2023 Page 9 Exhibit and assisting with the Zoo's accreditation by the Association of Zoos & Aquariums (future annual impact may be $212,000); • One Management Analyst to assist the Zoo Manager with administrative duties and to research and manage grant opportunities for the Zoo (future annual impact may be $140,000); and • Two Recreation Leaders to achieve a consistent level of service through the consolidation and elimination of part-time positions. The Planning & Building Agency (PBA) recommends adding four full-time employees to improve permit counter service and meet the demands of increased plan check activity, while balancing the overall workload with contract services. This is the only request in this section that includes a current year budget increase. FY 2022-23 Budget Impact Ongoing Annual Impact Associate Plan Check Engineer $50,000 $150,000 Combination Building Inspector $36,000 $109,000 Permit Services Technician $34,000 $102,000 Assistant Plan Check Engineer $41,000 $122,000 Total PBA Requests $161,000 $483,000 The Public Works Agency (PWA) requests the following workforce changes with no current year fiscal impact due to budgetary savings. • Upgrade one Assistant Parks/Landscape Planner to a Public Works Projects Specialist. The future annual net impact may be $14,000. • Add one Projects Manager to the Water Enterprise. The future annual net impact may be $175,000. • Upgrade one Civil Engineer to a Senior Civil Engineer to promote supervision, retain talent, and execute project delivery improvements for capital improvement projects. Various restricted funding sources for CIP projects will bear the ongoing cost of the upgrade, which may be $24,000 annually. • Delete two Maintenance Worker II positions and reallocate the funding to contractual services for the Revive program. The following table summarizes the requested workforce changes. Department Quantity Position Fund Library -1 Library Technician General Fund Library -1 Management Analyst General Fund Library 1 Graphics Designer I General Fund Library 1 Senior Management Analyst General Fund PRCSA -1 Recreation and Community Services Supervisor General Fund PRCSA 1 Recreation Program Coordinator General Fund PRCSA 1 Recreation Leader General Fund City Council 24 — 9 3/21/2023 Fiscal Year 2022-23 Mid -Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes March 21, 2023 Page 10 PRCSA -1 Accounting Assistant General Fund PRCSA 1 Management Aide General Fund PRCSA -1 Recreation Leader General Fund PRCSA 1 Recreation Program Coordinator General Fund PRCSA 1 Recreation Program Coordinator for SMP Senior Mobility PRCSA 2 General Maintenance Worker for the Zoo General Fund PRCSA 1 Management Analyst for the Zoo General Fund PRCSA 2 Recreation Leader to replace PT positions General Fund Planning & Building 1 Associate Plan Check Engineer General Fund Planning & Building 1 Combination Building Inspector General Fund Planning & Building 1 Permit Services Technician General Fund Planning & Building 1 Assistant Plan Check Engineer General Fund Public Works -1 Assistant Parks/Landscape Planner Civic Center Authority Public Works 1 Public Works Projects Specialist Civic Center Authority Public Works 1 Projects Manager Water Enterprise Public Works -1 Civil Engineer Capital Projects Public Works 1 Senior Civil Engineer Capital Projects Public Works -2 Maintenance Worker II Federal ARPA 10 Total Net Positions The Vacancy Report as of December 31, 2023 is in Exhibit 4. Other Funds Cannabis Public Benefit Fund The FY 2021-22 Cannabis Public Benefit Fund budget included $1,287,990 for the Newhope Library Renovation, and the FY 2022-23 budget included $1,110,730. Due to project scope enhancements, the Library requests an additional $1,150,000 of one-time money from this fund for the Newhope Library Renovation, including replacement of existing end -of -life HVAC systems and units, critical upgrades to electrical systems and cabling, and modern technology improvements in the new Media Lab and existing large meeting room that will help bridge the digital divide. The City expects to solicit construction bids in June for a target completion date of May 2024. After absorbing the potential revenue shortfall reported to City Council on October 4, 2022 due to Cannabis tax rate changes, the estimated fund balance is approximately $2.8 million, which is sufficient to cover the recommended $1,150,000 appropriation adjustment. Gas Tax Fund The state imposes Gas Tax on a cents -per -gallon basis and allocates a portion to the city. Gas Tax is not a percentage of sales. Therefore, when gas prices escalate and drivers purchase fewer gallons of gas, the City's Gas Tax revenue decreases. The most recent Gas Tax estimates from the League of California Cities Fiscal Policy Advisor City Council 24 — 10 3/21/2023 Fiscal Year 2022-23 Mid -Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes March 21, 2023 Page 11 indicate the City's share will approximate $14.7 million. The FY 2022-23 budgeted revenue estimate was $17.2 million, based on previous League information, which supports decreasing the budget estimate by $2.5 million. To ensure the City's right-of-way maintenance services are not impacted, staff recommends a $2.5 million General Fund appropriation to cover the shortfall. If approved, expenditures for the Fairview Bridge & Street Improvements, Traffic Signal Maintenance, Median Landscaping, and Roadway Maintenance expenditures will move to the General Fund. Increasing General Fund spending for right-of-way maintenance improves the City's ability to comply with the Orange County Transportation Authority Maintenance of Effort for Measure M2 funding. Restricted Fund Adiustments The City receives updated information after the beginning of the fiscal year for various restricted funding sources. Examples include the Civic Center Authority adopting the budget after June, and update to federal monies available for various programs. Staff recommends a series of adjustments to resize restricted -money appropriations to available balances and authorizations. The details of these adjustments are included in Exhibit 1. FISCAL IMPACT The General Fund fiscal impact appears at the beginning of this report. Exhibit 1 includes the line -item changes to revenue estimates and recommended appropriation adjustments. Exhibit 5 includes the estimated June 30, 2023 fund balance for all funds, including the revenue impacts and recommendations covered in this report. EXHIBIT 1. Line Item Changes to Revenue Estimates and Recommended Adjustments 2. Resolution No. 2023-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 3. Resolution No. 2023-XXX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2022-2023 ANNUAL BUDGET TO ADD AND DELETE FULL-TIME POSITIONS IN THE LIBRARY DEPARTMENT, PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT, PLANNING AND BUILDING DEPARTMENT, AND PUBLIC WORKS DEPARTMENT 4. Vacancy Report at December 31, 2022 5. Updated FY 2022-23 Fund Balance Summary for All Funds Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 24 —11 3/21/2023 EXHIBIT 1 Line Item Changes to Revenue Estimates and Recommended Appropriation Adjustments Description Account Revenue Spending Utility Users Tax (UUT) - Natural Gas 01102002-50032 $ 1,000,000 Utility Users Tax (UUT) - Electricity 01102002-50031 $ 2,000,000 Building Plan Check 01116002-53600 $ 2,000,000 Investment Earnings 01102002-58000 $ 2,200,000 Finance Staff Retirements 01110130-61010 $ 135,800 Finance Staff Retirements 01110131-61010 $ 65,460 Waste Hauler Donation Revenue 01102002-57XXX $ 183,500 Waste Hauler Donation - Non Departmental 01105015-62300 $ 25,000 Waste Hauler Donation - Parks, Rec & Comm Svcs 01113230-62300 $ 48,500 Waste Hauler Donation - Library 01111110-62300 $ 25,000 Waste Hauler Donation - Public Works 10117601-62300 $ 85,000 Planning & Building Staff Request 011165XX-6XXXX $ 161,000 Debt Service for 800MHz Communication System 01116500-67200 $ 23,000 Museum Building Capital Repairs 01112030-69135 $ 25,000 Right-of-way maintenance to cover Gas Tax revenue reduction 01117XXX-6XXXX $ 2,500,000 Santa Ana Zoo improvements for Giant River Otter/Primate Trails 01113220-66XXX $ 1,300,000 Orange County Pride Parade & Festival - June 2023 01105015-62300 $ 30,000 General Fund Totals $ 7,383,500 $ 4,423,760 Cannabis Public Benefit Fund - Newhope Library 01211020-66200 $ 1,150,000 Gas Tax expenditure reduction 02917XXX-6XXXX $ (2,500,000) Other Restricted Fund Adjustments: Bristol Street Improvements - update funding source 02917660-66220 $ (4,000,000) Bristol Street Improvements - update funding source 05917663-66220 $ 4,000,000 Clean Air money available for 3 charging stations 03117101-66400 $ 100,000 Project fees for project monitoring 05317021-62340 $ 150,000 NPDES fees for settlement & Fairview/Sunflower storm drain 05717640-62300 $ 420,000 New street impact fee from refuse hauler - move account 05917660-66220 $ 2,666,666 New street impact fee from refuse hauler - move account 06917019-66220 $ (2,666,666) Re -appropriate Facilities Condition Assessment 07317100-62300 $ 300,000 Move & adjust Civic Center Authority budget to match adopted 07414400-6XXXX $ (603,446) Move & adjust Civic Center Authority budget to match adopted 07417655-6XXXX $ 537,970 Move the accounting for CNG operations 07517100-63301 $ (40,000) Move the accounting for CNG operations 07617102-63301 $ 40,000 Reduce past -years set -aside training budget to remaining available 08809050-62300 $ (11,573) Federal money adjustment for WORK center 12318752-6XXXX $ 39,972 Federal money adjustment for WORK center 12318753-6XXXX $ 515,309 Federal money adjustment for WORK center 12318754-6XXXX $ 550,772 Federal money adjustment for WORK center 12318756-6XXXX $ (93,972) Federal money adjustment for WORK center 12318763-6XXXX $ 116,317 Federal money available for emergency services 12514407-6XXXX $ 2,047,580 Federal money available for emergency services 12514491-61XXX $ 168,561 Adjust public safety grant spending to amount available 12714406-61040 $ (6,789) Adjust public safety grant spending to amount available 12714409-61000 $ (19,016) Federal money available for restricted law enforcement 12814409-6XXXX $ 103,807 Federal money available for restricted law enforcement 12814417-61040 $ 20,039 Federal money available for housing assistance 13618760-69158 $ 17,610 Appropriate remaining federal COVID money for housing 15718760-62300 $ 428 Adjust planning grants spending to amounts available 15816500-6XXXX $ (172,170) Adjust federal traffic safety spending to the amount available 16514414-61040 $ (32,697) Asset seizure money available for spending 16614450-6XXXX $ 242,170 Move developer fee spending for new Harbor Specific Plan 31113260-66220 $ (2,383,974) City Council 24 — 12 3/21/2023 Line Item Changes to Revenue Estimates and Recommended Appropriation Adjustments EXHIBIT 1 Description Account Revenue Spending Move developer fee spending for new Harbor Specific Plan 31413260-66220 $ (528,039) Move developer fee spending for new Harbor Specific Plan 31513260-66220 $ 2,912,013 Inclusionary housing fees available for affordable housing svcs 41718820-62300 $ 283,020 City Council 24 — 13 3/21/2023 EXHIBIT 2 RESOLUTION NO. 2023-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. On December 20, 2022, the City Council implemented the terms and conditions of the City's last, best, and final offer made to the Santa Ana Police Officers Association ("SAPOA") on September 8, 2022 that included a base salary increase of three (3) percent effective the pay period following City Council approval, or January 1, 2023. F. It is now desired to amend Resolution No. 2015-026, as amended, and its corresponding exhibits 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 as follows: Resolution 2023-XXX City Council 24 — 14 3/21 2 of 6 A. Updating the following Exhibit D monthly steps for SAPOA classifications per the implemented terms and conditions of the City's last, best, and final offer dated September 8, 2022 that included a base salary increase of three (3) percent effective January 1, 2023: • Animal Service Officer 1 668 $5,597 $5,877 $6,172 $6,480 $6,804 Animal Service Officer II 698 $6,480 $6,804 $7,145 $7,501 $7,876 Background Investigator 683 $6,022 $6,324 $6,639 $6,971 $7,320 Communications Services Officer 663 $5,463 $5,736 $6,022 $6,324 $6,639 Correctional Officer 683 $6,022 $6,324 $6,639 $6,971 $7,320 Correctional Supervisor 732 $7,650 $8,033 $8,435 $8,857 $9,300 Crime Research Aide 694 $6,355 $6,672 $7,005 $7,355 $7,724 Crime Research Analyst 720 $7,215 $7,576 $7,955 $8,352 $8,770 Emergency Operations Coordinator 752 $8,435 $8,857 $9,300 $9,766 $10,254 Firearms Examiner 739 $7,916 $8,311 $8,727 $9,164 $9,622 Forensic Services Supervisor 770 $9,209 $9,670 $10,153 $10,661 $11,194 Forensic Specialist 1 694 $6,355 $6,672 $7,005 $7,355 $7,724 Forensic Specialist II 713 $6,971 $7,320 $7,687 $8,072 $8,476 Parking Control Officer 633 $4,716 $4,954 $5,203 $5,463 $5,736 Police Athletic/Activities League Assistant Director 662 $5,436 $5,708 $5,993 $6,293 $6,607 Police Communications Supervisor 728 $7,501 $7,876 $8,270 $8,684 $9,119 Police Community Services Specialist 683 $6,022 $6,324 $6,639 $6,971 $7,320 Police Evidence and Supply Specialist 666 $5,543 $5,820 $6,112 $6,417 $6,738 Police Evidence and Supply Supervisor 686 $6,112 $6,417 $6,738 $7,075 $7,427 Police Investigative Specialist 683 $6,022 $6,324 $6,639 $6,971 $7,320 Police Officer 739 $7,916 $8,311 $8,727 $9,164 $9,622 Police Photo/Video Specialist 678 $5,877 $6,172 $6,480 $6,804 $7,145 Police Property and Evidence Supervisor 686 $6,112 $6,417 $6,738 $7,075 $7,427 Police Recruit 692 $6,293 $6,607 $6,937 $7,285 $7,650 Police Sergeant 782 $9,766 $10,254 $10,767 $11,305 $11,871 Police Service Officer 663 $5,463 $5,736 $6,022 $6,324 $6,639 Police Services Dispatcher 688 $6,172 $6,480 $6,804 $7,145 $7,501 Rangemaster 663 $5,463 $5,736 $6,022 $6,324 $6,639 Senior Parking Control Officer 653 $5,203 $5,463 $5,736 $6,022 $6,324 Traffic Services Specialist 683 $6,022 $6,324 $6,639 $6,971 $7,320 Resolution 2023-XXX City Council 24 - 15 3/21 2 of 6 B. Adding the following classifications effective March 26, 2023, which is the start date of the first full pay period following City Council approval. JOB TITLE Data Analyst (UC) EXH B SRR 668 BASIS Monthly STEP AA RATE $6,538 A $6,863 B 209 $7,209 C $7,568 D $7,948 E $8,346 Human Resources Communications Specialist (UC) B 663 Monthly AA $6,380 A $6,702 B $7,034 C $7,386 D $7,754 E $8,142 Senior Human Resources Communications Specialist (AM) 722 Monthly A $8,509 B 935 ,935 $E C $8, 380 D $9,850 E $10,345 Data Analyst (Part -Time) I - Hourly AA $37.72 A $39.59 B $41.59 C $43.66 D $45.85 E $48.15 Personnel Board Secretary (Part -Time) I - Hourly AA $29.00 A $30.45 B $31.97 C $33.57 D $35.25 E $37.01 Senior Human Resources Communications Specialist (Part -Time) I - Hourly A $49.09 B $51.55 C $54.12 D $56.83 E $59.68 Resolution 2023-XXX City Council 24 — 16 3/21 2 of 6 C. Deleting the following classification effective March 26, 2023, which is the start date of the first full pay period following City Council approval. Risk Management Technician Hourly A $31.62 B $33.23 C $34.88 D $36.63 E $38.46 D. Changing the compensation of the following classifications to the pay rates listed below effective March 26, 2023, which is the start date of the first full pay period following City Council approval. JOB TITLE Utilities Customer Service Supervisor EXH F SRR 677 BASIS Monthly STEP AAA RATE $5,678 AA $5,963 A $6,260 B $6,574 C $6,903 D $7,247 E $7,609 Administrative Intern I - Hourly A $18.15 B $19.06 Budget Intern I - Hourly A .97 $$1919.9 B Engineering Intern I - Hourly A .97 $1919.9 B $ Management Intern I - Hourly A $21.96 B $23.06 Senior Administrative Intern I - Hourly A $19.97 B $20.96 Resolution 2023-XXX City Council 24 — 17 3/21 2 of 6 E. Changing the job title of the following classifications effective March 26, 2023, which is the start date of the first full pay period following City Council approval. Change `Equity and Inclusion Coordinator (Exempt) (UC)' to: AA $6,538 A $6,863 Equity and Inclusion Coordinator B 668 Monthly B $7,209 (Excepted) (UC) C $7,568 D $7,948 E $8,346 Change `Planning Technician' to: A $26.08 B $27.37 Planning Technician (Part -Time) H - Hourly C $28.75 D $30.19 E $31.71 Section 3. Except as amended by this Resolution, all other provisions of Resolution No. 2015-026, as amended, and its corresponding exhibits shall remain in full force and effect. Section 4. This Resolution is to be operative from and after the date which it is adopted. ADOPTED this 21st day of March, 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:_ �. Laura A. Rossini Chief Assistant City Attorney Resolution 2023-XXX City Council 24 — 18 3/21 2 of 6 /_VA 0Zd1lit�lP IV"I, S» NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023- to be the original Resolution adopted by the City Council of the City of Santa Ana on March 21, 2023. Date: City Clerk City of Santa Ana Resolution 2023-XXX City Council 24 — 19 3/21 2 of 6 EXHIBIT 3 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2022- 2023 ANNUAL BUDGET TO ADD AND DELETE FULL-TIME POSITIONS IN THE LIBRARY DEPARTMENT, PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT, PLANNING AND BUILDING DEPARTMENT, AND PUBLIC WORKS DEPARTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines, and declares as follows: A. On June 21, 2022, the City Council passed and adopted Ordinance No. NS- 3021, establishing the City's Budget for Fiscal Year 2022-2023 and authorizing position allocations for Fiscal Year 2022-2023. The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. B. The Executive Director of the Library Department requests to amend the Fiscal Year 2022-2023 budget to add the following full-time positions: one (1) Graphics Designer I and one (1) Senior Management Analyst, and the deletion of the following full-time positions: one (1) Library Technician and one (1) Management Analyst. C. The Executive Director of the Parks, Recreation, and Community Services Department requests to amend the Fiscal Year 2022-23 budget to add the following full-time positions: three (3) Recreation Program Coordinators, three (3) Recreation Leaders, two (2) General Maintenance Workers, one (1) Management Aide, and one (1) Management Analyst, and the deletion of the following full-time positions: one (1) Recreation Leader, one (1) Accounting Assistant, and one (1) Recreation and Community Services Supervisor. D. The Executive Director of the Planning and Building Department requests to amend the Fiscal Year 2022-23 budget to add the following full-time positions: one (1) Assistant Plan Check Engineer, one (1) Associate Plan Check Engineer, one (1) Permit Services Technician, and one (1) Combination Building Inspector. E. The Executive Director of the Public Works Department requests to amend the Fiscal Year 2022-23 budget to add the following full-time positions: one (1) Public Works Projects Specialist, one (1) Projects Manager, and one (1) Senior Civil Engineer, and the deletion of the following full-time positions: one (1) Resolution 2023-XXX City Council 24 — 20 3/21 2 of 5 Assistant Parks/Landscape Planner, one (1) Civil Engineer, and two (2) Maintenance Worker 11. F. It is now desired to amend the Fiscal Year 2022-2023 budget, as amended in order to effect this change, as shown below. Section 2: The City's Annual budget for Fiscal Year 2022-2023, as amended, is hereby further amended to add and delete the following positions in the Library Department, at the monthly seven -step range as indicated: 7-SteD Salary Rate Ranae Effective 3/21/2023 Classification Title Number of Positions Added SSR Monthly Salary Minimum -Maximum Graphics Designer 1 1 642 $4,787 - $6,415 Library Technician -1 610 $4,091 - $5,488 Section 3: The City's Annual budget for Fiscal Year 2022-2023, as amended, is hereby further amended to add and delete the following positions in the Library Department, at the monthly five -step range and monthly six -step range indicated: 5-SteD Salary Rate Ranae Effective 3/21/2023 Number of Monthly Salary Classification Title Positions Added SSR Minimum -Maximum Senior Management 1 707 $7,908 - $9,610 Analyst 6-SteD Salary Rate Ranae Effective 3/21/2023 Classification Title Number of Positions Added SSR Monthly Salary Minimum -Maximum Management Analyst -1 668 $6,538 - $8,346 Section 4: The City's Annual budget for Fiscal Year 2022-2023, as amended, is hereby further amended to add and delete the following positions in the Parks, Recreation, and Community Services Department, at the monthly seven -step range as indicated: 7-SteD Salary Rate Ranae Effective 3/21/2023 Classification Title Number of Positions Added SSR Monthly Salary Minimum -Maximum Recreation Program Coordinator 3 640 $4,741 - $6,353 Recreation Leader 3 560 $3,205 - $4,296 Resolution 2023-XXX City Council 24 — 21 3/21 2 of 5 General Maintenance 2 639 $4,718 - $6,322 Worker Recreation Leader -1 560 $3,205 - $4,296 Accounting Assistant -1 621 $4,317 - $5,790 Recreation and Community Services -1 721 $7,039 - $9,434 Supervisor Section 5: The City's Annual budget for Fiscal Year 2022-2023, as amended, is hereby further amended to add the following positions in the Parks, Recreation, and Community Services Department, at the monthly six -step range as indicated: 6-Step Salary Rate Range Effective 3/21/2023 Classification Title Number of Positions Added SSR Monthly Salary Minimum -Maximum Management Aide 1 642 $5,759 - $7,351 Management Analyst 1 668 $6,538 - $8,346 Section 6: The City's Annual budget for Fiscal Year 2022-2023, as amended, is hereby further amended to add the following positions in the Planning and Building Department, at the monthly seven -step range as indicated: 7-Step Salary Rate Range Effective 3/21/2023 Number of Monthly Salary Classification Title Positions Added SSR Minimum -Maximum Assistant Plan Check 1 754 $8,269 - $11,086 Engineer Associate Plan Check 1 769 $8,897 - $11,934 Engineer Permit Services 1 671 $5,515 - $7,391 Technician Combination Building 1 687 $5,963 - $7,989 Inspector Section 7: The City's Annual budget for Fiscal Year 2022-2023, as amended, is hereby further amended to add and delete the following positions in the Public Works Department, at the monthly seven -step range as indicated- 7-Step Salary Rate Range Effective 3/21/2023 Classification Title Number of Positions Added SSR Monthly Salary Minimum -Maximum Projects Manager 1 741 $7,761 - $10,401 Resolution 2023-XXX City Council 24 — 22 3/21 2 of 5 Public Works Projects 1 703 $6,446 - $8,641 Specialist Senior Civil Engineer 1 792 $9,955 - $13,342 Assistant Parks/Landscape -1 682 $5,818 - $7,799 Planner Civil Engineer -1 769 $8,897 - $11,934 Maintenance Worker II -2 620 $4,296 - $5,762 Section 8: All classification salary rate ranges are set forth in the City's "Salary Schedule" as periodically updated. Section 9: That except as amended by this resolution, all other provisions of the Annual Budget for the Fiscal Year 2022-2023, as amended, shall remain in full force and effect. Section 10: This Resolution is operative from and after the date upon which it is adopted. ADOPTED this 21 st day of March 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution 2023-XXX City Council 24 — 23 3/21 2 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023- to be the original Resolution adopted by the City Council of the City of Santa Ana on March 21, 2023 Date: City Clerk City of Santa Ana Resolution 2023-XXX ID of 5 City Council 24 — 24 3/21 2 EXHIBIT 4 As of December 31, 2022 :De7partment City Manager's Office Funded Positons 16 Vacancies 2 Vacancies 2 Vacancies 4 Freeze Vacancies 0 TotalN Funded] Vacancies 4 PE-1 Rate 25% City Attorney's Office 17 6 0 6 0 6 35% Clerk of the Council 7 4 0 4 0 4 57% Community Development 62 0 5 5 0 5 8% Finance & Management Services 68 8 2 10 0 10 15% Information Technology 23 0 10 10 0 10 43% Human Resources 31 2 1 3 0 3 10% Planning & Building 95 15 3 18 0 18 19% Police Department 640 64 1 65 7 58 10% Parks, Recreation, & Community Services 53 3 2 5 0 5 9% Library 37 5 0 5 0 5 14% Public Works Agency 311 12 62 74 2 72 24% Total 1360 121 88 209 9 200 15% City Council 24 — 25 3/21/2023 EXHIBIT 5 Fund FY 22-23 FY 22-23 FY 22-23 Total FY 22-23 FY 22-23 FY 22-23 Change in Fund Estimated Ending Fund Name Beginning Balance Number Revenues Transfers In Resources Expenditures Transfers Out Total Uses Balance Fund Balance GENERAL , Oil GENERAL FUND144,163,846 399,486,440 - 399,486,440 (383,028,112) (51,488,070) (434,516,182) (35,029,742) 109,134,10( General Fund Total 144,163,846 399,486,440 399,486,440 (383,028,112) (51,488,070) (434,516,182) (35,029,742) 109,134,10( 012 SPECIAL REVENUE - GENERAL FUND CANNABIS PUBLIC BENEFIT FUND 25,137,682 - 14,233,300 14,233,300 (34,253,291) - (34,253,291) (20,019,991) 5,117,690 016 CASP CERTIFICATION & TRAINING 345,932 85,000 - 85,000 (85,000) - (85,000) - 345,930 021 CATV FUND 1,783,304 250,000 - 250,000 (250,000) - (250,000) - 1,783,300 022 PRCSA FEE & DONATION 1,012,093 - - - (975,735) - (975,735) (975,735) 36,311 051 CAPITAL OUTLAY FUND 4,525,792 1,023,500 292,000 1,315,500 (5,200,189) - (5,200,189) (3,884,689) 641,100 053 CITY SERVICES 1,723,211 3,621,520 - 3,621,520 (3,771,520) - (3,771,520) (150,000) 1,573,210 100 SECTION 457 FIDUCIARY ADMIN 103,634 67,300 - 67,300 (93,000) - (93,000) (25,700) 77,930 110 STRONG MOTION INSTRUMENTATION 101,699 16,000 - 16,000 (16,000) - (16,000) - 101,700 120 FIRE FACILITIES FUND 2,560,965 780,100 - 780,100 (2,728,100) - (2,728,100) (1,948,000) 612,960 121 SPECIAL REPAIR/DEMOLITION 651,447 160,000 - 160,000 (160,000) (160,000) 651,450 Special Revenue - General Fund Total 37,945,758 14,525,300 20,528,720 (47,532,835) (47,532,835) (27,004,115) 10,941,630 031 AIR QUALITY IMPR. (AB 2766) 1,678,310 785,268 - 785,268 (2,100,734) (7,050) (2,107,784) (1,322,516) 355,790 122 EMERGENCY & HEALTH GRANTS 4,296,361 12,849,751 - 12,849,751 (12,330,590) (810) (12,331,400) 518,351 4,814,710 123 WORKFORCE INVESTMENT ACT (412,321) 4,900,929 - 4,900,929 (4,427,618) (60,990) (4,488,608) 412,321 - 124 ORANGE COUNTY SSA GRANTS 1,201,336 3,733,474 - 3,733,474 (3,722,674) (10,800) (3,733,474) - 1,201,340 125 DES UASI (623,736) 9,781,134 - 9,781,134 (9,157,201) - (9,157,201) 623,933 200 127 D.O.J. GRANT FUND 16,005 434,782 - 434,782 (434,782) - (434,782) - 16,010 128 POLICE BLOCK GRANTS 1,299,220 1,001,434 - 1,001,434 (1,870,401) - (1,870,401) (868,967) 430,250 130 HOME PROGRAM FEDERAL GRANT 2,366,375 8,038,907 - 8,038,907 (9,556,849) (9,610) (9,566,459) (1,527,552) 838,820 135 COMMUNITY DEV BLOCK GRANT (1,417,933) 18,320,797 - 18,320,797 (16,769,572) (107,670) (16,877,242) 1,443,555 25,620 136 HOUSING AUTHORITY -VOUCHER HAP (171,857) 42,504,227 - 42,504,227 (42,332,370) - (42,332,370) 171,857 - 137 HOUSING AUTHORITY- MAINSTREAM - 2,427,940 - 2,427,940 (2,427,940) - (2,427,940) - - 138 HOUSING AUTHORITY- MS5 (36,509) 2,357,600 - 2,357,600 (2,357,600) - (2,357,600) - (36,510) 139 HOUSING AUTHORITY -NEW CONSTR 145,833 360,230 - 360,230 (360,000) (230) (360,230) - 145,830 140 HOUSING AUTHORITY -VOUCHER ADM 2,349,174 4,539,380 - 4,539,380 (4,452,386) (91,940) (4,544,326) (4,946) 2,344,230 142 NSP FEDERAL GRANT 1,556,628 228,498 - 228,498 (1,644,000) - (1,644,000) (1,415,502) 141,130 145 RENTAL REHABILITATION GRANT 396,231 - - - (38,653) - (38,653) (38,653) 357,580 152 PUBLIC LIBRARY GRANT FUND 409 9,339,901 - 9,339,901 (9,339,901) - (9,339,901) - 410 157 HSG ADMIN CARES ACT COVID-19 428 - - - (428) - (428) (428) - 158 PLANNING GRANTS PROGRAM (218,831) 10,567,889 - 10,567,889 (10,199,699) - (10,199,699) 368,190 149,360 165 OFFICE OF SAFETY GRANT 147,874 916,406 - 916,406 (900,306) - (900,306) 16,100 163,970 169 RECREATION GRANTS FUND 545,223 300,640 - 300,640 (304,727) - (304,727) (4,087) 541,140 179 ARPA EHV HAP 416,414 768,187 - 768,187 (1,184,601) - (1,184,601) (416,414) - 180 ARPA EHV ADMIN FEES 184,861 267,180 - 267,180 (296,281) - (296,281) (29,101) 155,760 181 AMERICAN RESCUE PLAN ACT 115,979,208 99,531,883 - 99,531,883 (115,979,235) - (115,979,235) (16,447,352) 99,531,860 182 HOME -ARP PROGRAM FEDERAL GRANT - 6,201,228 - 6,201,228 (6,201,228) - (6,201,228) - - 183 ARPA- CA FOR ALL YOUTH WDP 4,497,520 4,497,520 (4,497,520) (4,497,520) - Grant Funds Total 129,698,705 244,655,185 244,655,185 (262,887,296) (289,100) (263,176,396) (18,521,211) 111,177,500 City Council 24 - 26 3/21/2023 Fund FY 22-23 FY 22-23 FY 22-23 Total FY 22-23 FY 22-23 FY 22-23 Change in Fund Estimated Ending Fund Name Beginning Balance Number FO=-=E=ftTHER Revenues Transfersln Resources Expenditures Transfers Out Total Uses Balance Fund Balance 020 RESTRICTED FUNDS OTS-TRAFFIC OFFENDER PROGRAM 33,912 55,360 - 1� 55,360 (55,360) (55,360) - 33,910 023 INMATE WELFARE FUND 1,811,407 2,299,510 - 2,299,510 (2,299,510) - (2,299,510) 1,811,410 024 POLICE ACTIVITIES & PROGRAMS (143,559) 565,320 - 565,320 (565,270) - (565,270) 50 (143,510) 026 CRIMINAL ACTIVITIES FUND 144,634 - - - (70,520) - (70,520) (70,520) 74,110 029 SPECIAL GAS TAX 27,033,527 14,742,582 - 14,742,582 (7,722,442) (33,402,894) (41,125,336) (26,382,754) 650,770 074 CIVIC CENTER MAINTENANCE (275,075) 3,929,669 1,179,400 5,109,069 (4,774,734) (13,200) (4,787,934) 321,135 46,060 133 HOUSING AUTHORITY -ISSUER FEE 2,741,131 70,000 - 70,000 (128,790) (1,300) (130,090) (60,090) 2,681,040 166 US DOJ ASSET FORFEITURE FUND 972,304 - - - (1,000,670) - (1,000,670) (1,000,670) (28,370) 167 US TREASURY ASSET FORFEITURE 139,884 - - - (139,280) - (139,280) (139,280) 600 177 EMERGENCY RENTAL ASSISTANCE PG 2,667,174 7,487,509 - 7,487,509 (8,133,226) (2,520) (8,135,746) (648,237) 2,018,940 178 COVID-19 RESPONSE (137,782) 7,362,219 - 7,362,219 (3,997,089) - (3,997,089) 3,365,130 3,227,350 417 CDA INCLUSIONARY HOUSING FEE 14,841,591 71,120 - 71,120 (4,819,517) (9,900) (4,829,417) (4,758,297) 10,083,290 607 HOUSING AUTHORITY LMIHF 4,887,424 770,280 - 770,280 (1,967,270) (12,040) (1,979,310) (1,209,030) 3,678,390 655 2018 SERIES TAX ALLOC BOND - - 11,231,650 11,231,650 (11,231,650) - (11,231,650) - - 670 COSA RDA 484,393 - 130,000 130,000 (130,200) - (130,200) (200) 484,190 671 COSA RDA OBLIGATION RETIREMENT 10,604,329 11,773,130 11,773,130 (411,480) (11,361,650) (11,773,130) 10,604,330 Other Restricted Funds Total 65,805,292 49,126,699 61,667,749 (47,447,008) (44,803,504) (92,250,512) (30, ,763) 35,222,510 027 FUNDSENTERPRISE PARKING FUND 1,088,037 2,281,390 2,873,040 5,154,430 (5,154,430) - (5,154,430) - 1,088,040 056 SANITARY SEWER SERVICE 8,252,906 8,895,300 - 8,895,300 (9,073,415) (250,000) (9,323,415) (428,115) 7,824,790 057 FED CLEAN WATER PROTECTION ENT 4,754,649 1,750,000 2,665,800 4,415,800 (7,068,190) (200,000) (7,268,190) (2,852,390) 1,902,2:0 060 WATER REVENUE 45,840,958 73,576,450 - 73,576,450 (74,597,322) (41,452,622) (116,049,944) (42,473,494) 3,367:460 066 ACQUISITION & CONSTRUCTION 809,695 8,250,000 40,171,822 48,421,822 (49,231,517) - (49,231,517) (809,695) - 067 REGIONAL TRANSP CENTER 378,256 759,870 1,081,870 1,841,740 (1,777,850) - (1,777,850) 63,890 442,150 068 SANITATION FUND 6,809,184 6,142,900 200,000 6,342,900 (9,338,336) - (9,338,336) (2,995,436) 3,813,750 069 REFUSE COLLECTION SERVICE 7,197,102 19,388,856 19,388,856 (15,908,080) (3,676,666) (19,584,746) (195,890) 7,001,210 Enterprise Funds Total 75,130,786 121,044,766 46,992,532 168,037,298 (172,149,140) (45,579,288) (217,728,428) (49,691,130) 25,439,660 070 EQUIPMENT REPLACEMENT FUND 7,942,223 738,700 - 738,700 (2,980,560) - (2,980,560) (2,241,860) 5,700,360 073 BUILDING MAINT FUND 2,358,794 5,623,060 - 5,623,060 (5,963,860) - (5,963,860) (340,800) 21017,990 075 FLEET MAINTENANCE/STORES 1,337,207 5,467,310 - 5,467,310 (5,786,720) - (5,786,720) (319,410) 1,017,800 076 STORES & PROPERTY CONTROL (210,266) 1,804,100 - 1,804,100 (2,010,290) - (2,010,290) (206,190) (416,460) 080 LIABILITY AND PROPERTY INS FND 16,402,298 11,092,950 4,654,820 15,747,770 (17,960,012) - (17,960,012) (2,212,242) 14,190,060 081 EMPLOYEE GROUP INSURANCE 52,314 26,803,910 2,534,580 29,338,490 (29,472,040) - (29,472,040) (133,550) (81,240) 082 WORKERS COMPENSATION FUND 16,700,041 10,101,550 - 10,101,550 (10,061,652) - (10,061,652) 39,898 16,739,940 085 CITY YARD OPERATION (55,328) 1,263,100 - 1,263,100 (1,324,190) - (1,324,190) (61,090) (116,420) 086 PUB WKS ENG/PROD MGMT (268,310) 8,717,760 10,000 8,727,760 (8,543,170) (113,450) (8,656,620) 71,140 (197,170) 088 QUALITY SERVICE TRAINING 295,927 - - - (295,927) - (295,927) (295,927)` - 101 PUB WKS-ADMIN & PLANNING 2,900,641 7,733,700 85,000 7,818,700 (10,591,430) (94,670) (10,686,100) (2,867,400) 33,240 109 INFO SYS STRATEGIC PLAN 12,805,168 8,686,630 - 8,686,630 (17,504,990) (17,504,990) (8,818,360) 3,986,810 Internal Service Funds Total 60,260,709 88,032,770 7,284,400 95,317,170 (112,494,841) (208,120) (112,702,961) (17,385,791) 42,874,910 City Council 24 - 27 3/21/2023 Fund FY 22-23 FY 22-23 FY 22-23 Total FY 22-23 FY 22-23 FY 22-23 Change in Fund Estimated Ending Fund Name Beginning Balance Number FEM-MEEMNAPITAL Revenues Transfersln Resources Expenditures Transfers Out Total Uses Balance Fund Balance 032 PROJECT FUNDS MEASURE M-STREET CONSTRUCTION (8,296,468) 70,094,545 - 70,094,545 (52,117,896) - (52,117,896) 17,976,649 9,680,180 034 NEW TRANSPO SYS IMPR AREA E 1,496,062 - - - (1,291,236) (1,291,236) (1,291,236) 204,830 035 NEW TRANSPO SYS IMPR AREA F 1,878,239 - - - (1,733,154) - (1,733,154) (1,733,154) 145,080 054 SANITARY SEWER CAPITAL 16,314,420 60,000 - 60,000 (16,373,531) - (16,373,531) (16,313,531)� 890 055 SEWER CONNECTION FEE 7,644,013 1,140,400 - 1,140,400 (8,770,613) - (8,770,613) (7,630,213) 13,800 058 RESIDENTIAL STREET IMPROVEMENT 5,238,339 450,000 - 450,000 (300,000) - (300,000) 150,000 5,388,340 059 SELECT STREET CONSTRUCTION 20,333,430 6,289,660 36,030,710 42,320,370 (53,003,021) - (53,003,021) (10,682,651) 9,610,780 147 FEDERAL AID SAFETY PROGRAM (508,190) 1,012,828 - 1,012,828 (1,961,640) - (1,961,640) (948,812) (1,457,000) 148 TRAFFIC SYSTEM MGMT GRANT (4,833,337) 36,439,014 - 36,439,014 (31,717,146) - (31,717,146) 4,721,868 ('11:470) 161 PRCSA CAPITAL GRANTS (1,036,427) 11,502,451 - 11,502,451 (10,528,785) - (10,528,785) 973,666 (62760) 162 ENERGY CONSERVATION PROGRAM 16,404 - - - (104,807) - (104,807) (104,807) (88,400) 164 PWA ENTERPRISE CAPITAL GRANTS (3,771,970) 16,147,492 - 16,147,492 (12,375,522) - (12,375,522) 3,771,970 - 223 LOCAL DRAINAGE AREA III 421,887 - - - (38,609) (125,000) (163,609) (163,609) 258,280 224 LOCAL DRAINAGE AREA IV 419,915 - - - (401,396) - (401,396) (401,396) 18,520 226 LOCAL DRAINAGE AREA VI 381,053 - - - (150,000) - (150,000) (1S0,000) 231,050 301 REC/COMM SVS 6,067 126,805 - 126,805 (126,805) - (126,805) - 6,070 311 RESIDENTIAL DEVELOP DISTRICT 1 3,288,547 - - - (409,425) (2,383,974) (2,793,399) (2,793,399) 495,150 312 RESIDENTIAL DEVELOP DISTRICT 2 5,412,408 - - - (3,159,914) - (3,159,914) (3,159,914) 2,252,490 313 RESIDENTIAL DEVELOP DISTRICT 3 13,236,091 - - - (8,881,429) - (8,881,429) (8,881,429) 4,354,660 314 RESIDENTIAL DEVELOP DISTRICT 4 652,881 - - - (91,042) (528,039) (619,081) (619,081) 33,800 315 HARBOR SPECIFIC ACQUISITION & DEVELOPMENT - - 2,912,013 2,912,013 (2,912,013) - (2,912,013) - - 400 POLICE UUT LEASE REVENUE BONDS 11,612 - 4,622,100 4,622,100 (4,621,800) - (4,621,800) 300 11,910 404 COSA 2014 LEASE FINANCING 71,218 - 5,156,070 5,156,070 (5,156,070) - (5,156,070) - 71,220 418 CDA CAPITAL PROJECTS 1,336,719 - - - (1,336,719) - (1,336,719) (1,336,719) - 992 TRAIN SYS IMP AUT AREA B 10,641,688 (3,167,999) (3,167,999) (3,167,999) 7,473,690 Capital Project Funds Total 70,354,598 143,263,195 48,720,893 191,984,088 (220,730,572) (3,037,013) (223,767,585) (31,783,497) 38,571,110 406 DEBT SERVICE FUND 2021 PENSION OBLIGATION BONDS 15,340,770 15,340,770 (15,331,870) (15,331,870) 8,900 8,900 Debt Service Fund Total 15,340,770 15,340,770 (15,331,870) (15,331,870) 8,900 8,900 City Council 24 - 28 3/21/2023