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FULL PACKET_2008-09-02
isso~i2sios ORDINANCE NO. XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 6 TO CHAPTER 15 OF THE SANTA ANA MUNICIPAL CODE, REGARDING STATE FRANCHISED VIDEO SERVICE PROVIDERS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Legislature of the State of California has adopted the Digital Infrastructure and Video Competition Act of 2006 (DIVCA) effective January 1, 2007,and B. DIVCA establishes a regulatory structure for the State to grant franchises for the provision of video service including cable television service and open- video systems, and C. Pursuant to DIVCA the City of Santa Ana acquires certain rights and responsibilities with respect to state video franchise holders ("State Franchisees"), and D. Included in such rights is the requirement that the City receive a state franchise fee as compensation for the use of the public rights-of-way for the provision of video services, and E. DIVCA requires that the City establish, by ordinance, financial support provisions for Public, Educational and Government (PEG) channel facilities, and F. DIVCA requires that the City adopt a schedu{e of penalties for any material breach by a State video franchise holder for violation of customer service and protection standards that the City is permitted to enforce, and G. The City may examine the business records of a State Franchisee to the extent reasonably necessary to ensure financial accountability, and H. The City will retain authority, without change, over the existing cable franchise until such time as the franchisee no longer holds a City franchise, or is no longer operating under a current or expired franchise, and I. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the 11 A-1 Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2: Section 15-255 of the Santa Ana Municipal Code is hereby amended to provide that it is lawful to operate a cable television system in the City pursuant to a State Video Franchise, such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 15-255. Franchise terms and conditions. (a) Franchise purposes. A franchise granted by the city under the provisions of this division 2 may authorize the grantee to do the following: (1) To engage in the business of providing cable television services that are authorized by law and that grantee elects to provide to its subscribers within the designated franchise service area. (2) To erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and retain, cable lines, related electronic equipment, supporting structures, appurtenances, and other property in connection with the operation of the cable system in, on, over, under, upon, along and across streets and public ways within the designated franchise service area. (3) To maintain and operate the franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals, and for the delivery of cable services and such other services as may be authorized by law. (b) Franchise required. (1) It is unlawful for any person to construct, install, or operate a cable television system within any street or public way in the city without first obtaining either a City franchise under the provisions of this division 2, or a State Video Franchise under division 6 of this Chapter 15. (2) The city council finds and determines that certain multichannel video programming distributors and video providers, as those terms are defined in section 15-268 of division 6, provide cable service, including video programming, to subscribers within limited geographic areas where multifamily dwelling complexes and congregate-living complexes are located. That cable service, including video programming, is sometimes provided, in whole or in part, by the transmission of signals over wires or lines that are owned or controlled by telecommunications service providers or other public utilities and that are within or cross streets or public ways within the boundaries of a local franchising authority. The multichannel video programming distributor or video provider may obtain 11 ~-2 from the telecommunications service provider or other public utility, by lease, license, or similar contractual arrangement, the right to use those wires or lines in order to provide cable service, including video programming, to subscribers or customers within the multi-family dwelling complexes and congregate-living complexes referenced above. The city council further finds and determines that these contractual arrangements for signal transmission facilitate the provision of cable service, including video programming, and create a nexus between that cable service and the use of the streets and public ways of the city. Consequently, to the maximum extent authorized under California law, it is the intent of the city council to subject multi-channel video programming distributors and video providers that intend to use this signal-transmission methodology to the franchise requirements set forth in this division 2, subject to such waivers and modifications of those requirements as may, in the discretion of the city council or its designee, be warranted in view of the limited geographic area that is proposed to be served. (c) Term of the franchise. (1) A franchise granted under this division 2 will be for the term specified in the franchise agreement, commencing upon the effective date of the ordinance adopted by the city council that authorizes the franchise. (2) A franchise granted under this division 2 may be renewed upon application by the grantee in accordance with the then-applicable provisions of state and federal law and of this division 2. (d) Franchise service area. A franchise is effective within the territorial limits of the city, and within any area added to the city during the term of the franchise, unless otherwise specified in the article granting the franchise or in the franchise agreement. (e) Federal or state jurisdiction. This division 2 will be construed in a manner consistent with all applicable federal and state laws, and it applies to all franchises granted or renewed after the effective date of this article, to the extent authorized by applicable law. (f) Franchise non-transferable. (1) Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise, the franchise or any of the rights or privileges therein granted, without the prior written consent of the city council and then only upon such terms and conditions as may be prescribed by the city council, which consent may not be unreasonably denied or delayed. Any attempt to sell, transfer, lease, assign, or otherwise dispose of the franchise without the written consent of the city council is null and void. The granting of a security interest in any assets of the grantee, or any mortgage or other hypothecation, will not be deemed a 11 ~-3 transfer for the purposes of this subsection. (2) The requirements of subsection (1) apply to any change in control of grantee. The word "control" as used herein is not limited to the ownership of major stockholder or partnership interests, but includes actual working control in whatever manner exercised. If grantee is a partnership or a corporation, prior written authorization of the city council is required where ownership or control of twenty (20) percent or more of the partnership interests or of the voting stock of grantee, or any company in the tier of companies controlling the grantee, whether directly or indirectly, is acquired by a person or a group of persons acting in concert, none of whom, individually or collectively, owns or controls those partnership interests or that voting stock of the grantee, or of grantee's upper tier of controlling companies, as of the effective date of the franchise. (3) Grantee must give prior written notice to the city of any proposed foreclosure or judicial sale of all or a substantial part of the grantee's franchise property. That notification will be considered by the city as notice that a change in control of ownership of the franchise will take place, and the provisions of this paragraph that require the prior written consent of the city council to that change in control of ownership will apply. (4) For the purpose of determining whether it will consent to an acquisition, transfer, or change in control, the city may inquire as to the qualifications of the prospective transferee or controlling party, and grantee must assist the city in that inquiry. In seeking the city's consent to any change of ownership or control, grantee or the proposed transferee, or both, must complete Federal Communications Commission Form 394 or its equivalent. This application must be submitted to the city not less than one hundred and twenty (120) days prior to the proposed date of transfer. The transferee must establish that it possesses the legal, financial, and technical capability to remedy all then-existing defaults and deficiencies, and, during the remaining term of the franchise, to operate and maintain the cable system and to comply with all franchise requirements. If the legal, financial, and technical qualifications of the proposed transferee are determined to be satisfactory, then the city will consent to the transfer of the franchise. (5) Any financial institution holding a pledge of the grantee's assets to secure the advance of money for the construction or operation of the franchise property has the right to notify the city that it, or a designee satisfactory to the city, will take control of and operate the cable television system upon grantee's default in its financial obligations. Further, that financial institution must also submit a plan for such operation within 90 days after assuming control. The plan must ensure continued service and compliance with all franchise requirements during the period that the financial institution will exercise control over the system. The financial institution may not exercise control over the system for a period exceeding 11 A-4 one year unless authorized by the city, in its sole discretion, and during that period of time it will have the right to petition the city to transfer the franchise to another grantee. (6) Grantee must reimburse the city for the city's reasonable review and processing expenses incurred in connection with any transferor change in control of the franchise. These expenses include, without limitation, costs of administrative review, financial, legal, and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by these experts), notice and publication costs, and document preparation expenses. No reimbursement may be offset against any franchise fee payable to the city during the term of the franchise. (g) Geographical coverage. (1) Unless otherwise provided in the franchise agreement, grantee must design, construct, and maintain the cable television system to have the capability to pass every dwelling unit and commercial building in the city, subject to any service-area line extension requirements set forth in the franchise agreement. (2) After service has been established by activating trunk or distribution cables for any service area, grantee must provide service to any requesting subscriber within that activated part of the service area within seven (7) days from the date of request, provided that the grantee is able to secure on reasonable terms and conditions all rights-of-way and permits necessary to extend service to that subscriber within that seven- day period. (h) Nonexclusive franchise. Every franchise granted is nonexclusive. The city specifically reserves the right to grant, at any time, such additional franchises for a cable television system that it deems appropriate, subject to applicable state and federal law. If an additional franchise is proposed to be granted to a subsequent grantee, a noticed public hearing must first be held if required under the provisions of Government Code Section 53066.3. (i) Multiple franchises. (1) The city may grant any number of franchises, subject to applicable state and federal law. The city may limit the number of franchises granted, based upon, but not necessarily limited to, the requirements of applicable law and the following specific local considerations: a. The capacity of the public rights-of-way to accommodate multiple cables in addition to the cables, conduits, and pipes of the existing utility systems, such as electrical power, telephone, gas, and sewerage. 11 ~4-5 b. The benefits that may accrue to subscribers as a result of cable system competition, such as lower rates and improved service. c. The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations within the public rights-of-way. (2) The city may require that any new grantee be responsible for its own underground trenching and the associated costs if, in the city's opinion, the streets or public ways in any particular area cannot reasonably accommodate additional cables. Section 3: Division 6 is added to Chapter 15 of the Santa Ana Municipal Code to read in full as follows: Chapter 15. Division 6. Regulation of State Video Franchise Holders Section 15. 270 Purpose and Authority This Chapter is designed to regulate video service providers holding state video franchises and operating with the City of Santa Ana. As of January 1, 2007, the State of California has the sole authority to grant state video franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 ("the Act"). Pursuant to the Act, the City of Santa Ana shall receive a franchise fee and a fee for public, educational and government (PEG) purposes from all state video franchise holders (hereinafter "State franchisee") operating within the City. Additionally, the City has the responsibility to establish and enforce penalties, consistent with state law, against all State franchisee's operating within the City for violations of customer service standards set by the State. Section 15.271 State Video Franchise and PEG Fees a. A State franchisee that offers video service within the boundaries of the City of Santa Ana, shall calculate and remit a state franchise fee equal to five percent (5%) of the gross revenue of that State franchisee. b. A State franchisee that offers video service within the boundaries of the City of Santa Ana shall calculate and remit, a fee equivalent to one percent (1 %) of that State franchisee's gross revenue, for the support of public, educational and governmental (PEG) access facilities and activities within the local franchise service area. c. The state franchise fee and PEG support fee shall be remitted to the City of Santa Ana on a quarterly basis within 45 days after the end of each quarter for that calendar year. Each payment shall be accompanied by a detailed summary 11 A-6 explaining the basis for the calculation of the state franchise fee and PEG support fee. Payments shall be sent to the Santa Ana Parks, Recreation and Community Services Agency. d. Gross revenue, for the purposes of (a) and (b) above, shall have the definition set forth in California Public Utilities Code §5860. e. Not more than once annually, the City Manager or his designee may examine and perform an audit of the business records of a State franchisee(s) to the extent reasonably necessary to ensure compliance with the Act and this Ordinance. Section 15.272 "Customer Service Penalties Under State Video Franchises" a. The holder of a state video franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video services. b. The city manager, or the city manager's designee, shall monitor the compliance of State Franchisee's with respect to state and federal customer service and protection standards. The city manager will provide the State Franchisee written notice of any material breaches of applicable customer service standards, and will allow the State Franchisee 30 days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to the following penalties to be imposed by the City: (1) For the first occurrence of a material breach, a fine of $500.00 shall be imposed for each day the material breach remains in effect, not to exceed $1,500.00 for each material breach. (2) For a second material breach of the same nature within 12 months, a fine of $1,000.00 shall be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each material breach. (3) For a third or further violation of the same nature within 12 months, a fine of $2,500.00 shall be imposed for each day the material breach remains in effect, not to exceed $7,500.00 for each occurrence of the material breach. c. Decisions by the city manager to assess monetary penalties against a State franchisee are final. The State franchisee or any person aggrieved by a decision of the city manager may appeal that decision in writing to the city council in accordance with the procedures specified in chapter 3 of this Code. The appeal letter must be accompanied by the fee established by the city council for processing the appeal. d. Any fine imposed on a State franchisee shall be paid to the City. As provided for in the California Public Utilities Code §5900(g), the City shall submit one half of all fines received from a state video franchise holder to the Digital Divide Account established by California Public Utilities Code §280.5. 11 A-7 Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This ordinance shall take effect 30 days after its adoption by the City Council. ADOPTED this day of , 2008 Miguel A. Pulido Mayor APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers -8- 11 A-8 CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana -9- 11 A-9 11A-10 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO TEMPORARILY SUPERSEDE CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL CODE AND TO PERMIT DEVELOPERS TO DEFER PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES, AND TO PERMIT THE EXTENSION OF INACTIVE BUILDING PERMITS AND PERMIT APPLICATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Mitigation Fee Act (Government Code section 66000, et seq.) authorizes the City to adopt and regulate monetary exactions for the purpose of defraying all or a portion of the public facility costs relating to a development project. The development impact fees are charged as a condition of approval and are used to alleviate the effects of development on the community by financing public improvements, services, or programs that bear a reasonable relationship to the development. Virtually all California cities, including Santa Ana, require applicants to pay mitigation fees as a precondition to issuing a building permit. The City may determine when such fees are to be paid. B. Due to recent changes in the economic conditions throughout the United States relating to new residential, commercial and industrial development, construction of development projects previously approved and fully entitled by local cities have been put on hold by developers. C. The City relies on new development to stimulate the local economy and to provide direct and indirect benefits to its residents and business by creating construction jobs, new market-rate and affordable housing, and new tax-base and revenues for the City. D. This ordinance is intended to alleviate certain barriers to development, in light of the challenges facing the development industry in a fluctuating market economy, by allowing eligible project applicants to defer certain development impact fees. Ordinance No. NS-XXX 11 B ~ ~ Page 1 of Section 2. Definitions. The following words and phrases are defined for purposes of this ordinance as follows: "Applicant" means the owner or owners of record of the real property for which a fee deferral is sought pursuant to this ordinance. "Code" means the Santa Ana Municipal Code. "Executive Director" means the Executive Director of the Planning and Building Agency of the City. "Eligible Applicant" means an Applicant meeting the Eligibility Criteria for deferral of impact fees. "Eligibility Criteria" means an objective standard established by the Executive Director with concurrence of the City Manager, which may be amended from time to time as deemed necessary, used to determine appropriateness for incentives under this Chapter. "Fee Deferral Agreement" means an agreement, including a deed of trust, by and between the Applicant and the City in a form acceptable to the City Attorney, which is a prerequisite requirement for approval for any fee deferral under this ordinance. The Fee Deferral Agreement shall include provision for the payment of the City's reasonable costs in preparing "Nonresidential" means (a) those commercial business activities which are permitted or allowed in the C1, C2, C3, C3A. C4, or C5, or in commercial CR, SP or SD zoning districts as set forth in Title 41 of this Code, or (b) those industrial business activities which are permitted or allowed in the M1 or M2 zoning districts as set forth in Chapter 41 of this Code. "Subject Property" means the real property owned by the Applicant subject to the Fee Deferral Agreement. "Residential" means those activities which are permitted or allowed in the RE, R1, R2, R3, R4, PD, or in residential CR, SP or SD zoning districts, as set forth in section 41-143 of this Code, and includes alive-work community as set forth in section 41-101.5 of the Code. Section 3. Deferral of Development Impact Fees for Residential and Nonresidential projects. A. Notwithstanding any other provisions of this Code, some or all of the development impact fees imposed on new Residential or Nonresidential Ordinance No. NS-XXX Page 2 of 4 11 B-2 buildings and structures located in the City may, upon application by an Eligible Applicant and approval of the Executive Director, be deferred subject to the provisions set forth below. Fees eligible to be deferred shall be: • Parks Acquisition and Development Fee • Drainage Area Master Plan Fee • Transportation System Improvement Fee (TSIP) • Major Thoroughfare and Bridge Fee (to the extent, if any, it is both collected and retained by the City) • Fire Facilities Fee • Sewer Connection Fee B. Prior to the City's consideration of an application for deferral of impact fees, the Applicant shall provide to the Executive Director, at the Applicant's sole cost and expense, a current preliminary title report on the Subject Property. C. No deferral shall be effective until the Applicant provides security to the City in the form of a Fee Deferral Agreement as set forth in section 4 of this ordinance, approved by the City Manager and in a form acceptable to the City Attorney. D. The maximum deferral period shall be: 1. Prior to the final inspection or issuance of a temporary certificate of occupancy or final certificate of occupancy for the new building or structure on the Subject Property, whichever comes first, or 2. One (1) year from the date of issuance of the building permit for the Subject Property. E. Notwithstanding any provision to the contrary, the deferred impact fees not paid at the time of building permit shall be subject to: 1. Interest on unpaid fees at the annual rate of interest which the City earns on its investment of pooled funds shall accrue from the date of issuance of the initial building permit until the deferred impact fees and all accrued interest is paid, and 2. An additional up-front charge shall be added to the unpaid amount to cover the administrative costs incurred in processing the fee deferral application and administering the fee deferral program; and Ordinance No. NS-XXX 11 B-3 Page 3 of Section 4. Form of Security for Unpaid Development Impact Fees. A. As a condition of the deferral, the City shall require the property owner, or lessee if the lessee's interest is of record, to execute prior to and as a condition of issuance of a building permit, a Fee Deferral Agreement which shall provide that the deferred development impact fees shall be paid within the time set forth in section 4.D. of this ordinance, and secured by a obligation that shall inure to the benefit of, and be enforceable by the City, evidenced by either: 1. a senior, unsubordinated recorded lien on the Subject Property which shall be enforceable against successors in interest to the property owner or lessee, releasable when the obligation is paid in full, which shall in the case of a Residential project include requirement for an escrow instruction providing for payment out of escrow from sale proceeds of the deferred fees prior to disbursing proceeds to the seller, or, at the Applicant's option, 2. an irrevocable letter of credit from the Applicant in a form approved by the City Attorney, which shall be releasable when the obligation is paid in full. B. The payment of such development impact fees shall be deemed a debt due and owing to the City at such time as set forth herein, which debt shall only be deemed satisfied and discharged upon payment in full to the City. The City may pursue collection through all available legal and administrative means including, but shall not be limited to, judicial or non-judicial foreclosure of the recorded lien against the Subject Property, a demand upon the irrevocable letter of credit, and/or civil judgment against the Applicant for breach of the Fee Deferral Agreement and/or the security provided hereunder. Section 5. Extension of Inactive Plan Check and Building Permits. A. Notwithstanding Section 3 of Ordinance No. NS-2760, amending Appendix Chapter 1, section 105.3.2 of the California Building Code, 2007 Edition, the building official may grant (i) extensions of applications for a permit for a period of up to one (1) year, and (ii) more than one extension per application, both without resubmission of plans and payment of new plan review fee. B. Notwithstanding Section 3 of Ordinance No. NS-2760, adopting Appendix Chapter 1, section 105.5 of the California Building Code, 2007 Edition, the building official may grant extensions of inactive building permits for a permit for a period of up to one (1) year without resubmission of plans and payment of new fees. Ordinance No. NS-XXX Page 4 of 4 11 B-4 Section 6. Applicability. This ordinance and the incentives derived hereunder shall apply only to new development projects that have not obtained a building permit from the City at the time this ordinance is adopted by the City Council. This ordinance shall remain in effect until October 1, 2009, and as of that date is repealed unless a City Council adopts a further ordinance or resolution to extend that sunset date for an additional period not to exceed twelve (12) months. Section 7. Ordinance to Operate Exclusively. Except as set forth in this ordinance, all other provisions of the Code shall remain in full force and effect. Nothing contained in this ordinance is deemed to authorize or permit the deferral of payment of any fee or charge imposed upon Residential or Nonresidential development in the City except for those development impact fees expressly set forth in section 2 above. Section 8. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2008 Miguel A. Pulido Mayor Ordinance No. NS-XXX 11 B-5 Page 5 of _ APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 6 of 4 11 B-6 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE ADDING STANDARDS FOR INDOOR SPORT FACILITIES (ZOA 2008-03) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana has received an increasing number of inquiries regarding the opportunity to locate indoor sports facilities in the Light Industrial (M-1) Zone. B. The addition of recreational uses in the Light Industrial zone will benefit the community by augmenting the already constrained public park system by providing residents with additional opportunities to exercise and recreate. C. On July 28, 2008, the Planning Commission held a duly noticed public hearing and by a vote of 6:0 (Alderete absent) voted to recommend that the City Council approve and adopt the Negative Declaration for Environmental Review No. 2008-127 and to amend the Santa Ana Municipal Code, Chapter 41 to allow indoor sports facilities within the Light Industrial (M-1) zoning district. D. On August 18, 2008, the City Council held a duly noticed public hearing regarding approving and adopting Negative Declaration for Environmental Review No. 2008-127 and Zoning Ordinance Amendment No. 2008-03 to amend the Santa Ana Municipal Code, Chapter 41 to allow indoor sports facilities within the Light Industrial (M-1) zoning district. Section 2. The City Council has reviewed and considered the information contained in the initial study and Negative Declaration No. 2008-127 prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Ordinance No. NS-XXXX Page 1 of 6 11C-1 Section 3. Section 41-67.9 is hereby added to the Code to read as follows: Sec. 41-67.9 Health clubs and gymnasiums. A health club and gymnasium shall mean a commercial facility providing instruction and equipment designed to promote or improve the health of the clients. Section 4. Section 41-79.2 is hereby added to the Code to read as follows: Sec. 41-79.2 Indoor sport facility. Indoor sport facility shall mean the use of any private property for the purpose of providing physical or recreation activity to the public within a fully enclosed structure. Examples of indoor sport facilities include, but are not limited to physical or recreational activities requiring a large floor area such as: soccer fields, go-cart racing, batting cages, bowling alleys, or rock climbing. "Indoor sport facility" shall not include cyber cafes as defined by Section 41-45; gymnasium or health club as defined under Section 41-67.9; recreational or entertainment uses defined under Section 41-142; or slot car or radio controlled vehicles tracks. Section 5. Section 41-472.5 is hereby amended to read as follows: Sec. 41-472.5. Uses subject to a conditional use permit in the M1 district. The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41- 472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. Ordinance No. NS-XXXX Page 2 of 6 11 C-2 (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive-through window service. (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. Q) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. (I) Heavy processing recycling uses. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1. (o) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. Ordinance No. NS-~CXX Page 3 of 6 11 C-3 (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (s) Indoor sport facility, subject to development and operational standards set forth in section 41-482. Section 6. Section 41-482 is hereby added to the Code to read as follows: Sec. 41-482. Indoor sport facility in the M1 District. In addition to the provisions of this chapter, indoor sport facilities shall comply with the following development and operational standards: (a) All business activities shall by conducted and located within an enclosed structure. (b) Any outdoor storage of equipment or materials shall be fully screened by a decorative masonry block wall. (c) No indoor sport facility shall operate before 7:00 a.m. or after 10:00 p.m. on any day of the week. (d) Ancillary uses including: meeting rooms, snack bars and equipment rental or sales are permitted within an indoor sport facility provided that their gross floor area of the ancillary use does not exceed 20% of the total building area. (e) Ancillary uses shall operate in conjunction with the primary recreation use, and shall maintain the same or fewer hours of operation. Section 7. Chapter 41, Article XV, Division 4 is hereby amended to read as follows: DIVISION 4. ENTERTAINMENT AND RECREATIONAL USES AND INDOOR SPORT FACILITIES Section 8. Section 41-1380 is hereby added to the Code to read as follows: Sec. 41-1380. Unspecified entertainment or recreation uses or indoor sport facilities. (a) The minimum off-street parking requirement for any entertainment or recreation use or indoor sport facility which Ordinance No. NS-XXXX Page 4 of 6 11 C-4 cannot reasonably be considered within the scope of any other section within this division are as follows: two (2) spaces for each one thousand (1000) square feet of gross floor area, but in no case shall the parking be less than twenty (20) spaces. (b) The planning director shall determine which entertainment or recreation uses or indoor sport facilities are reasonably within another section of this division or are subject to the parking requirements of this section. Such determination may be appealed to the planning commission and the city council. Section 9. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 10. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of August, 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Ordinance No. NS-XXXX Page 5 of 6 11 C-5 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 6 of 6 11 C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ^ As Recommended PRELIMINARY CITY OF SANTA ANA ^ As Amended GENERAL PLAN HOUSING ELEMENT ^ Ordinance on 1S' Reading UPDATE ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ ~,,~- CONTINUED TO ~/ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the preliminary City of Santa Ana General Plan Housing Element Update prior to submittal for review by the State Department of Housing and Community Development. DISCUSSION State law requires all communities in California to update their General Plan Housing Element, generally every five years, to address current and future housing needs for their community and the growing region. One key aspect of the update for cities is addressing the Regional Housing Needs Assessment (RHNA), which for the City of Santa Ana is 3,393 housing units for the planning period of 2008-2014. The Draft Housing Element document is organized into two parts -- the Framework and the Technical Appendices. The Framework, presented to the City Council at the July 21, 2008 Study Session, is the essence of the Housing Element containing the goals, policies and programs necessary to plan for the community's housing needs. The Appendices portion of the document includes a variety of supporting data and analysis of Santa Ana's population, economic and housing stock characteristics; housing programs; development constraints; and an inventory of the potential housing development sites introduced in the Framework. Public participation in this effort was encouraged through community workshops (noticing and translations in Spanish and Vietnamese), stakeholder forums, and special study sessions before Commissions and City Council. The Draft Housing Element is required to be submitted to the California Department of Housing and Community Development (HCD) for the required 60 day review. During the review, the Draft document will be made available on the City web site for viewing, as well as the City library 19C-1 Housing Element Update September 2, 2008 Page 2 and Planning Division public counter. After HCD's comments are addressed, the final Housing Element will be submitted for review and recommendation by the Planning Commission and adoption by the City Council. Final adoption is anticipated in December 2008. FISCAL IMPACT There is no fiscal impact associated with this action. J M. Trevino Executive Director Planning & Building Agency MGM : j m mgm\ccouncil\HEdraft090208 19C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s` Reading ^ Ordinance on 2`~ Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO \ FILE NUMBER CI MANAGE RECOMMENDED ACTION Authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its meeting on August 19, 2008, by a vote of 4:0 (Vasquez, Villasenor absent), the Community Redevelopment and Housing Commission recommended to. 1. Receive public comment on the Consolidated Annual Performance and Evaluation Report for fiscal year 2007-08. 2. Authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. DISCUSSION The Consolidated Five Year Plan is a comprehensive planning document that identifies a jurisdiction's overall need for affordable and supportive housing, community development programs, social services and economic opportunities. The Plan outlines a strategy for using four federal programs and other resources to meet those needs. Those programs are Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnership (HOME), and Housing Opportunities for Persons with AIDS (HOPWA) The Plan also identifies five-year numeric goals for meeting the needs that the jurisdiction will seek to achieve during the period covered by the Plan. 19D-1 CAPER September 2, 2008 Page 2 As part of the Consolidated Plan process, the City is required to submit annually a Consolidated Annual Performance and Evaluation Report (CAPER), Exhibit 1. The CAPER describes the activities and accomplishments for these federal programs during fiscal year 2007-08, and the City's success in achieving the five-year objectives that were established in the Consolidated Five Year Plan. Fiscal year 2007-08 is the third year covered by the Consolidated Five Year Plan for 2005-09. The following table summarizes in broad categories the accomplishments in meeting the identified objectives during the first two fiscal years. The details for each category can be found in Exhibit 4 of the CAPER. Objective 5 Yr Goal FY 05 - 09 FY 05- 06 FY 06- 07 FY 07- 08 Total FY 05-09 Percent Achieved Homeless Objectives 14,253 4,072 3,519 4,102 11,693 820 Special Needs Objectives 1,310 386 232 214 832 63.50 Rental Housing 12,888 3,309 3,514 3,817 5,690 44.10 Owner Housing 13,068 3,074 3,618 3,338 10,080 77.10 Infrastructure 10 6 0 0 6 60% Public Facilities 10 4 1 1 6 600 Public Services 354,601 301,422 300,395 294,615 345,390 97.40 The U. S. Department of Housing and Urban Development (HUD) regulations require that the CAPER be available for a 15-day public review period prior to being submitted to HUD. On August 4, 2008, a public notice was published in the Orange County Register, La Opinion, and Nguoi Viet News indicating that the draft report would be available for review beginning August 4, 2008. In addition, the draft was made available on the City's web site. The minimum 15-day public comment period closed at noon on August 19, 2008. The Community Redevelopment and Housing Commission held a public hearing on August 19, 2008, and all comments received are included in the final document to be submitted to HUD no later than September 30, 2008. 19D-2 CAPER September 2, 2008 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. Cynthia J. Nel n Deputy City Manager for Development Services Community Development Agency CJN/SLB/mlr 090208 ConAnnPerEvalRpt 19D-3 19D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CIT ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19E-1 .~.; MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department Date: August 19, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS ~J ~. e~ ~ _ t ~J ; ~~ The Personnel Services Department requests your consent to destroy city records on the attached listings, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. r~l~ ~6- 19E-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment EE Separated August FORMS forms** 2003 and prior (OFFICIAL) Flexible Enrollment forms for flexible spending EE Separated August Spending, program** 2003 and prior Section 125 Life Insurance Employee life insurance enrollment forms** EE Separated August 2003 and rior Long-Term Employee Long-Term Disability Insurance EE Separated August Disability enrollment forms** 2003 and prior Insurance Medical Employee medical insurance enrollment EE Separated August Insurance forms'`'` 2003 and prior EQUAL Employment and Personnel and employment records, EE Separated August EMPLOYMENT personnel including application forms*, records 2003 and prior OPPORTUNITY records pertaining to promotions*, layoffs*, COMMISSION terminations*, salaries* and training* (EEOC) Involuntary Personnel records of terminated employee* EE Separated August termination 2003 and prior OFFICIAL Certification/ Request for Certification and/or EE Separated August PERSONNEL Reassignment reassignment forms which document and 2003 and prior FILES Forms authorize hiring, reassignment, or other employee actions* Certificates of Certificates issued to EE which show EE Separated August Training completion date of training class(es).* 2003 and prior Commendation Letters of commendation and/or other EE Separated August Letters congratulatory documents received by and/or 2003 and prior issued to EE.* Disciplinary Memorandums, letters, or other records of EE Separated August Actions proposed and/or implemented disciplinary 2003 and prior action(s)* Doctor's Notes/ Notes/medical release forms, etc., submitted EE Separated August Medical regarding employee's medical condition.** 2003 and prior Releases Drug Screen Pre-placement and drug screening EE Separated August Test authorization and acknowledgement form(s) 2003 and prior and results of drug screening.** 19E-3 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class EE Separated August PERSONNEL Medical Leave title, pay rate, hours worled per pay period; 2003 and prior FILES (FML) additions to or deductions from wages). Dates (or hours) FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of anydisputed confidential files: records/documents relating to medical certifications.** Job Application Applications for employment and resumes (if EE Separated August any) for hired employees.'` 2003 and prior Medical Leave of Leave of Absence forms used in the EE Separated August Absences** documentation of medical leave (including 2003 and prior pregnancy leave and Family and Medical Leave).'`'` Miscellaneous Documents not specifically mentioned but EE Separated August Documents kept in official personnel file.*** 2003 and prior Notice of Form completed by employee and/or EE Separated August Separation department indicating effective date of 2003 and prior separation, last day on the job, reason for separation, etc.* Oath of Office Form completed and signed by employee EE Separated August affirming allegiance to the Constitution of the 2003 and prior United States and the Constitution of the State of California.* Outside Form submitted by employee for approval for EE Separated August Employment employee to be engaged in outside 2003 and prior employment.* Performance Employee performance evaluation forms EE Separated August Evaluations completed by supervisory personnel re 2003 and prior employees' accomplishment of their assigned duties and responsibilities, etc.* PERS Forms to enroll employees in the Public EE Separated August Enrollment Employees' Retirement System (PERS)'`* 2003 and prior Pre-Employment Forms completed by employee and medical EE Separated August Medical clinic to assess physical capability of 2003 and prior employee prior to hiring.*" Security Check Form completed by Personnel Svcs to EE Separated August Form request Police Dept to conduct security 2003 and prior check on employee prior to hiring.* Special Licenses Special licenses issued to employees from EE Separated August DMV, accredited schools, etc., verifying 2003 and prior employee meets certain job-related requirements.* Tuition Copies of applications for training and EE Separated August Reimbursement educational assistance which show EE 2003 and prior Request request, department head approval, and final disposition of request.* 19E-4 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave EE Separated August PERSONNEL Donation Form hours be donated to the Union Business 2003 and prior FILES Leave Bank to be used by union leaders for Union Business.* W-4 form Employee's Withholding Allowance EE Separated August Certificate completed by EE authorizing 2003 and prior employer to withhold Federal income tax from employee's pay and/or for indicating exemption.** Please see attached spreadsheet, dated August 19, 2008, listing personnel files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged *** If non-medical records, PREPARED BY: will be purged; if medical records, will be digitally imaged. Susan Wathen for Date Michael S. Ernandes, Personnel Operations Manager RECORDS DESTROYED: Number of Boxes CONSENT BY: '6 Enr' J. Iva D to Ex u ve irector Personnel Services Department APPROVED BY: ~` Joseph Fletche ~~ Date City Attorney 19E-5 Attachment to August 19, 2008 Obsolete Records Destruction Schedule Listing Last Name First Name Employee Number FT PT Classification PTCS Separation Date Reason Abram Elizabeth R. 102742 Zoo Keeper II FT 07/07/03 Quit Adams Crystal Marie 103327 Program Coordinator PT 08/29/03 Resignation Aguilera Basilio F. 8471 Senior Program Leader PT 08/29/03 Expiration of Apptmnt Alvidrez Leah 9812 Program Leader II PT 08/29/03 Resignation Amati Christina 103215 Program Coordinator PT 08/22/03 Resignation Amick Kaittey (Catrina) 102067 Senior Program Leader PT 08/27/03 Expiration of Apptmnt Aragonez Ralph B. 5002 Rec. Program Leader (T) PT 07/28/03 Resignation Bernal Nereids N. 100430 Clerical Assistant PT 08/27/03 Expiration of Apptmnt Callahan Michael S. 836 Police Officer fT 07/05/03 Service Retirement Canche Estrella Braulio 102692 Maintenance Aide II PT 07/09/03 Resignation Cascante Mario A. 102779 Tutor PT 07/01/03 Lay-Off Cervantes Claudia 102814 Senior Clerical Aide PT 07/03/03 Quit Chavez Robert A. 13841 Police Lieutenant (RM) FT 08/05/03 Ind Disability Retirement Cooney Kevin P. 101311 Senior Program Leader PT 08/03/03 Expiration of Apptmnt Cruz Philip C. 16259 Park Maintenance Worker FT 07/15/03 Service Retirement Dalton Jimmy D. 17206 Fire Battalion Chief (MM) FT 07/31/03 Service Retirement Duron Christina 101487 Program Coordinator PT 07/11/03 Dismissal Edwards Joseph L. 3786 Planning Manager (MM) FT 07/28/03 Resignation Elliott Lourdes 1780 Police Services Dispatcher FT 07/15/03 Disability Retirement Gardea Jeffrey J. 103757 Police Recruit FT 08/28/03 Resignation Gavino Juan 103480 Senior Program Leader PT 08/28/03 Expiration of Apptmnt Haug John W. 100317 Library Assistant PT 07/01/03 Lay-Off Hausmann Mary L. 2098 Senior Office Assistant FT 08/02/03 Service Retirement Jackson-Reed Leslie N. 103240 Police Records Specialist FT 07/15/03 Resignation Jung Alice 10837 Personnel Services Specialist (UC) FT 08/21/03 Resignation Kamel Mervat 4493 Senior Office Assistant FT 07/18/03 Service Retirement Keawe Alice L. 6 Senior Office Assistant FT 08/29/03 Resignation Lars Patricia R. 3272 Bookmobile Operator FT 07/07/03 Resignation Lemus Jorge 102584 Program Leader II PT 08/22/03 Expiration of Apptmnt Lopez Marcelo 10132 Program Leader I PT 08/16/03 Resignation Lucas Charmaine D. 53513 Senior Parking Control Officer PT 07/31/03 Service Retirement Maas Gayle L. 54156 Police Service Officer FT 07/31/03 Service Retirement Madrigal Leticia 9634 Program Coordinator PT 08/15/03 Resignation Martinez Elizabeth A. 100824 Page PT 07/01/03 Lay-Off Martinez Francisco F. 101728 Program Leader II PT 08/28/03 Resignation Martinez Ruth C. 103464 Special Employment Counselor II PT 08/29/03 Expiration of Apptmnt Attachment to August 19, 2008 Obsolete Records Destruction Schedule Listing Last Name First Name Employee Number Classification FT PT PTCS Separation Date Reason Mendoza Sandra 8310 Detention Officer FT 07/15/03 Other Mojica Guadalupe 102680 Tutor PT 07/01/03 Lay-Off Nguyen Vang V. 2506 Maintenance Aide II PT 08/08/03 Resignation Nichols Mary K. 60634 Parking Control Officer FT 07/31/03 Service Retirement Ojeda Julian 102724 Tutor PT 07/15/03 Lay-Off Ollestad Leslie 103449 Senior Program Leader PT 08/25/03 Expiration of Apptmnt Packard Claudia 101436 Program Coordinator PT 08/10/03 Resignation Petko David E. 70243 Police Lieutenant (RM) FT 07/10/03 Service Retirement Profant Mignonne A. 101854 Customer Service Clerk PT 07/31/03 Resignation Rajkumar Savitri 103324 Program Coordinator PT 07/16/03 Resignation Reaback Jennifer 10689 Senior Program Leader PT 08/17/03 Expiration of Apptmnt Resendiz Elliott A. 102899 Page PT 07/01/03 Lay-Off Saldana Raul 103446 Police Recruit FT 07/08/03 Resignation Sarinana Arthur V. 77093 Park Maintenance Supervisor FT 07/31/03 Service Retirement Shah Rama 10831 Librarian (Part-Time) PT 07/01/03 Lay-Off Smith Daniel W. 101316 Sr. Tutor PT 07/01/03 Lay-Off Toering Albert C. 243 Building Inspector FT 07/31/03 Service Retirement Tyler Robert J. 85994 Principal Plan Check Engineer (MM) FT 07/07/03 Service Retirement Valenzuela Zuhayl 10164 Senior Program Leader PT 08/20/03 Expiration of Apptmnt Venegas Martha G. 2560 Senior Program Leader PT 08/25/03 Resignation CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES RECRUITMENTS Background Materials used in the preparation/ August 2005 and Materials implementation of recruitments.*" prior Bilingual Forms certifying bilingual capabilities#er August 2005 and Certification for prior Forms applicants for recruitments which require bilingual capabiliity.* Ethnicity Stubs From employment applications submitted at August 2005 and recruitment time, are kept for outreach prior purposes.* Examination Examination answer sheets completed by August 2005 and Answer Sheets applicants during testing process and other prior testing materials.* Official Eligible Eligible lists signed by City Manager. Lists of August 2005 and Lists individuals placed on an eligible list card for prior hiring purposes (copies only -original signed eligible lists are with recruitment file folder (according to classification title))."`* See attached spreadsheet, dated August 19, 2008, with recruitment files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged PREPARED BY: Susan Wathen for Date Michael S. Ernandes Personnel Operations Manager RECORDS DESTROYED: Number of Boxes CONSENT BY: ~~ ~S' Enriqu v ate Execu ' e i ector Personnel Services Department APPROVED BY: ~ z,%; oseph Fletche Date City Attorney ; 19E-8 Attachment to August 19, 2008 Obsolete Records Destruction Schedule Listing To Be Purged After August 31, 2008 Bulletin Number Classification Date Posted Date Closed Date Eligible List Established 01-06 Animal Service Officer I/Bilingual-Spanish 07/05/05 07/26/05 08/26/05 89-05 Assistant Director of Finance & Management Svcs 06/01/05 06/30/05 08/19/05 98-05 Assistant Engineer I 06/13/05 07/15/05 08/26/05 10-06 Assistant Planner II 07/20/05 07/27/05 08/22/05 83-05 Customer Service Representative/Bilingual-Spanish 05/02/05 05/23/05 07/14/05 79-05 Fire Engineer 04/25/05 05/06/05 08/11/05 87-05 Fire Services Dispatcher/Bilingual-Spanish 05/13/05 06/08/05 07/21/05 95-05 General Maintenance Worker 06/01 /05 06/22/05 08/25/05 PT 01-06 Janitor 07/27/05 08/15/05 N/A-P/T 05-06 Lead Accounting Assistant 07/13/05 07/27/05 08/19/05 88-05 Parking Control Officer/Bilingual 05/12/05 04/11/05 05/13/05 72-05 Personnel Analyst (UC) 03/16/05 08/22/05 08/08/05 85-05 Police Officer-Academy Graduate 05/09/05 06/17/05 N/A-Withdrew 10-05 Police Officer-Academy Graduate 08/06/04 09/10/04 11/22/04 59-04 Police Officer-Academy Graduate/Bilingual 06/01/04 09/09/05 12/29/04 41-04 Police Officer-Academy Graduate/Bilingual 02/13/04 05/31/04 N/A-None Qualified R6-04 Police Officer Reserve 06/01/04 07/13/04 N/A-P/T 39-05 Police Recruit 11 /22/04 12/30/04 04/04/05 31-05 Police Recruit 10/25/04 11/19/04 N/A-All Failed 23-05 Police Recruit 09/13/04 10/22/04 06/16/05 09-05 Police Recruit 08/06/04 09/10/04 08/26/05 40-04 Police Recruit/Bilingual 02/13/04 05/31/04 06/16/05 103-02 Police Recruit/Bilingual 05/31/02 02/12/04 06/07/04 45-04 Police Services Dispatcher-Lateral Transfer 02/13/04 07/19/05 08/30/05 46-04 Police Services Dispatcher-L.T./Bilingual-Spanish 02/13/04 07/19/05 08/30/05 104-05 Purchasing Supervisor 06/24/05 07/05/05 07/22/05 99-05 Redevelopment Project Manager Ili 06/10/05 07/08/05 08/24/05 81-05 Senior Management Analyst (UC) 04/25/05 05/27/05 07/06/05 71-05 Senior Personnel Analyst (UC) 03/16/05 08/30/05 07/11/05 97-05 Senior Police Records Specialist 06/06/05 06/15/05 08/09/05 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: August 25, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19E-10 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2008 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence September 1, 2006 and prior Correspondence/ September 1, Chronological Files Councilmember Self-explanatory 2006 and prior Council Requests Mayor Inquiries processed for Mayor September 1, 2006 and prior Wards 1 through 6 Inquiries processed for Councilmembers September 1, 2006 and prior Correspondence General Correspondence Self-explanatory September 1, 2006 and prior Staff Inquiries processed for Staff September 1, 2006 and prior Monthly Status City Manager Self-explanatory September 1, Reports 2006 and prior Payroll Records Council/Staff Self-explanatory September 1, 2006 and prior APPROVE: 8 ?.r'o Dg ~/ David N. Ream Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds CONSENT: ~. .~ P~, f la 7/~~ Joseph W: Fletc~a Date City Attorney AUDITED BY: Mark Lawrence Date Assistant to the City Manager 19E-11 19E-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FY 2006 HOMELAND SECURITY GRANT PROGRAM AND RELATED AGREEMENTS ~- CI MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1ST Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Exercise a reimbursement agreement entered into by the City of Los Angeles and the City of Santa Ana in the amount of $93,750. 2. Approve an Appropriation Adjustment recognizing the FY 2006 Urban Areas Security Initiative in the amount of $93,750 in revenue account (account no. 125-O1-5650-61) and appropriate same in the FY 2006 Urban Areas Security Initiative Program Grant expenditure accounts (account nos. 125-334-various). 3. Direct the City Attorney to prepare and authorize the Chief of Police and Clerk of the Council to execute an agreement with SRA for the purchase of Case Management Software in an amount not to exceed $93,750. DISCUSSION The United States Department of Homeland Security Areas Security Initiative (UASI) funding program. local emergency first responders to enhance preparedness to prevent, respond to, and recover The grant specifically provides funding for planning, training, exercises and technical assist has developed the Urban UASI provides funds to security and overall from acts of terrorism. anti-terror equipment, once . The City of Los Angeles was designated as a core city under the FY2006 UASI Grant Program and received an award of $80,610,000. The City of Los Angeles has developed a project under which the Santa Ana UASI acting through the Santa Ana Police Department will be awarded $93,750 to purchase computer software to enhance the urban areas information and intelligence gathering and analysis capability. Utilizing this funding the Santa Ana Police Department will enhance existing SRA database software through the addition of a case management system which will allow the tracking and de- confliction of terrorism related investigations. 20A-1 FY 2006 Homeland Security August 19, 2008 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY 2006 UASI Grant account(no. 125-01-5650-61) by $93,750 and appropriate same in the FY 2006 UASI Grant expenditure accounts (nos. 125-334-various). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department . i / 1~`~ Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 20A-2 OFFICE OF THE MAYOR ANTONIO R. VILLARAIGOSA September 12, 2007 Brian Sheldon, Sergeant Santa Ana Police Department P.O. Box 1981 Santa Ana, CA 92702 RE: Executed Agreement - City of Los Angeles/City of Santa Ana Dear Sergeant Sheldon: Please find enclosed an original duplicate of the executed Agreement between the City of Los Angeles and the City of Santa Ana in connection with the Fiscal Year 2006 Urban Area Security Initiative grant. If you have any further questions please contact me at (213) 978-0707 or Eve.LaDue(a~lacity ors. Very truly you , ~~ ~. / ~' Eve LaDue Office of the Mayor Homeland Security and Public Safety EL Encl. ZOO NORTH SPRING STRF~3l LOS ANGELES, CAI_IPORNIA 90012 ~_~-;~ PHONE: (21 ~~ Y~~-~~~VFAX: (213 975-~~5~ EMAIL. ~1 .41~ORQLACITI'.PRG N-2007-075 AGREEMENT Contractor; City of Santa Ana City Contract Number ~< < a4'~ 20A-4 TABLE OF CONTENTS Section Description I INTRODUCTION Page §101. Parties to the Agreement 5 §102. Representatives of the Parties and Service of Notices 5 §103. Independent Party 6 §104. Conditions Precedent to Execution of this Agreement 6 I I TERM AND SERVICES TO BE PROVIDED §201. Time of Pertormance 7 §202. Use of Grant Funds 7 §203. This Section is Left Intentionally Blank 9 III PAYMENT §301. Payment of Grant Funds and Method of Payment 10 IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein §402. Applicable Law, Interpretation and Enforcement 12 12 §403. Integrated Agreement §404. Excusable Delays 12 §405. Breach 12 §406. Prohibition Against Assignment or Delegation 13 §407. Permits 13 §408, Non Discrimination and Affirmative Action 13 §409. Los Angeles City Business Tax Registration Certificate 13 14 UASI 06 Gov't PSA Santa Ana 5/07 20A-5 TABLE OF CONTENTS Section Describtion Paae §410. Bonds 14 §411. Indemnification 14 §412. Conflict of Interest 15 §413. Insurance (This Section is Left Intentionally blank) 16 §414. Restriction on Disclosures 16 §415. Statutes and Regulations Applicable to All Grant Contracts 16 §416. Federal, State, and Local Taxes 24 §417. Inventions, Patents and Copyrights 24 §418. Earned Income Tax Credit 25 §419. Equal Benefits Ordinance 25 §420. Contractor Responsibility Ordinance 25 §421. Slavery Disclosure Ordinance 25 §422. Child Support Assignment Orders 26 §423. MBENVBE V DEFAULTS SUSPENSION TERMINATION AND AMENDMENTS §501. Defaults 27 §502. This Section is Left Intentionally Blank 27 §503. This Section is Left Intentionally Blank 27 §504. This Section is Left Intentionally Blank 27 §505. Amendments 27 V ENTIRE AGREEMENT §601. Complete Agreement 28 §602. Number of Pages and Attachments 28 Execution (Signature) Page 29 UASI 06 Gov't PSA jj 5/07 Santa Ana 20A-6 EXHIBITS Exhibit A Insurance (Not applicable to this Agreement) Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit C Certification Regarding Lobbying Exhibit D This Section is Left Intentionally Blank Exhibit E Grant Assurances Exhibit F Equipment Ledger Exhibit G Allowable Cost Matrix Exhibit H Authorized Training Exhibit I Authorized Exercises Exhibit J Authorized Planning Exhibit K Authorized Organizational Activities Exhibit L Reimbursement Request Form Exhibit M Purchasing Detail Worksheet UASI 06 Gov't PSA jjj 5/07 Santa Ana 20A-7 AGREEMENT NUMBER OF CITY CONTRACTS BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into by and between the City of Los Angeles, a municipal corporation (the "City,"), and City of Santa Ana, a charter city (the "City of Santa Ana" or "Contractor"). WITNESSETH WHEREAS, the U.S. Department of Homeland Security ("DHS" or "Grantor"), through the Office of Grants and Training (G&T), has provided financial assistance directly to selected jurisdictions through the Fiscal Year (FY) 2006 Urban Areas Security Initiative ("UASI 06"); and WHEREAS, this financial assistance is administered by the City of Los Angeles and is overseen by the California Office of Homeland Security (OHS); and WHEREAS, this financial assistance is being provided to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the Los Angeles/Long Beach Urban Area ("LA/LBUA") consists of the City of Los Angeles, the City of Long Beach, the unincorporated area of the County of Los Angeles, and 27 participating jurisdictions, including City of Santa Ana); and WHEREAS, the G&T awarded a UASI 06 Grant of $64,448,000 ("Grant Funds") to the City of Los Angeles, as a Core City, for use in the LA/LBUA; and WHEREAS, the City has designated the Office of the Mayor, Office of Homeland Security and Public Safety ("Mayor's Office") to provide for terrorism prevention and emergency preparedness; and WHEREAS, the Mayor's Office now wishes to distribute UASI 06 Grant Funds throughout the LA/LBUA, as further detailed in this Agreement ("Agreement") to City of Santa Ana and others; WHEREAS, the City and City of Santa Ana are desirous of executing this Agreement as authorized by the City Council and the Mayor (refer to Council File Number 07-0582) which authorizes the City to prepare and execute the Agreement. NOW, THEREFORE, the City of Los Angeles and City of Santa Ana agree as follows: UASI Gov't PSA 4 Santa Ana 5/07 20A-8 I INTRODUCTION §101. Parties to the Agreement The parties to this Agreement are: A. The City, a municipal corporation, having its principal office at 200 North Spring Street, Los Angeles, California 90012; and B. City of Santa Ana, a municipal corporation, having its principal office at 60 Civic Center Plaza, Santa Ana, California 92702. §102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: The representative of the City of Los Angeles shall be, unless otherwise stated in the Agreement: Arif Alikhan, Deputy Mayor Office of the Mayor Homeland Security and Public Safety 200 N. Spring Street, Room 303 Los Angeles, CA 90012 Phone: (213) 978-0687 Fax: (213) 978-0718 Arif.Alikhan@lacity.org 2. The representative of City of Santa Ana shall be: Paul Walters, Chief Santa Ana Police Department 60 Civic Center Plaza P.O. Box 1981 Santa Ana, CA 92702 Phone: (714) 245-8003 pwalters@ci.santa-ana.ca.us with a copy to: UASI Gov't PSA Santa Ana 5/07 20A-9 Carlos Rojas Santa Ana Police Department P.O. Box 1981 Santa Ana, CA 92702 Phone: (714) 245-8722 Fax: (714) 245-8098 crojas@ci.santa-ana.ca.us B. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and maybe effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change. §103. Independent Party City of Santa Ana is acting hereunder as an independent party, and not as an agent or employee of the City of Los Angeles. No employee of City of Santa Ana, is, or shall be an employee of the City of Los Angeles by virtue of this Agreement, and City of Santa Ana shall so inform each employee organization and each employee who is hired or retained under this Agreement. City of Santa Ana shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the City of Los Angeles. §104. Conditions Precedent to Execution of This Agreement City of Santa Ana shall provide copies of the following documents to the City of Los Angeles, unless otherwise exempted. A. This Section is left intentionally blank B. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section 415E of this Agreement and attached hereto as Exhibit B and made a part hereof. C. Certifications and Disclosures Regarding Lobbying in accordance with Section 415C of this Agreement and attached hereto as Exhibit C and made a part hereof. City of Santa Ana shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by City of Santa Ana. UASI Gov't PSA Santa Ana 5/07 20A-10 II TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence on August 28, 2006 and end on March 31, 2008, or upon the final disbursement of all of the Grant Amount (as defined in Section 301) and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein. §202. Use of Grant Funds A Santa Ana and the City have previously completed a mutually approved Budget/Expenditure Plan, hereinafter "Budget." The Budget contains detailed listings of items for expenditure under the terms of this Agreement, which is incorporated herein by this reference. Any request by Santa Ana to modify the Budget must be made in writing and must be approved in writing by the City during the term of this Agreement B. City of Santa Ana shall provide any reports requested by the City regarding performance of the Agreement. Reports shall be in the form requested by the City, and shall be provided in a timely manner. C. Any equipment acquired pursuant to this Agreement shall be authorized in http://www.rkb.mipt.org and Appendix D, Allowable Cost Matrix, to the FY 2006 Homeland Security Grant Program, Program Guidance and Application Kit, incorporated by reference, and attached hereto as Exhibit G. City of Santa Ana shall provide the City a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the UASI 06 Grant can be found at OMB Circular A-102, Title 28 C.F.R. Part 66.36, and Office of G&T Financial Guide. Any equipment acquired or obtained with Grant Funds: 1. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant; 2. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that plan; 3. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner UASI Gov't PSA Santa Ana 5/07 20A-11 consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. Equipment acquired pursuant to this Agreement shall be subject to the requirements of Title 28, C.F.R. 66.32, 66.33 and Office of G&T Financial Guide. For the purposes of this subsection, "Equipment" is defined as nonexpendable property that is not consumed or does lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1) year or more. Items costing less than $5,000, but falling into the following categories are also considered Equipment: (1) electronics communications equipment for stationary or vehicular use, including cellular telephones acquired by lease or purchase, and (2) electronic office equipment, including facsimile machines, copiers, electric typewriters, personal computers (monitors and CPU's), terminals and printers. 1. Equipment shall be used by City of Santa Ana in the program or project for which it was acquired as long as needed, whether or not the projector program continues to be supported by Federal funds. When no longer needed for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency. 2. City of Santa Ana shall make Equipment available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. 3. A ledger, attached hereto as Exhibit F, shall be maintained for each item of Equipment acquired for the program. This record must be updated biannually and forwarded to the City. The record shall include: (a) description of the item of Equipment, (b) manufacturer's model and serial number, (c) Federal Stock number, national stock number, or other identification number; (d) the source of acquisition of the Equipment, including the award number, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) records showing maintenance procedures to keep the Equipment in good running order, and (h) location and condition of Equipment. Records must be retained pursuant to 28 C.F.R. Part 66.42, and Office of G&T. 4. All equipment obtained under this Agreement shall have an LA/LBUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible. 5. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every year or prior to any UASI, State or Federal monitor visits. UASI Gov't PSA Santa Ana 5/07 20A-12 D. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2006 Homeland Security Grant Program, Program Guidance and Application Kit, page 84 (attached as Exhibit H) and must be pre-authorized by OHS at http://www.calguard.ca.gov/cajs-hs/nonslgcpForm.htm. A catalogue of Grantor approved and sponsored training courses is available at http://www.ojp.usdoj.gov/odp/training.htm. E. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2006 Homeland and Security Grant Program, Program Guidance and Application Kit, pg 84 and 85 (Exhibit I). Detailed Homeland Security Exercise and Evaluation Program Guidance is available at http://hseep.dhs.gov. F. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2006 Homeland and Security Grant Program, Program Guidance and Application Kit, pg 80 and 81 (Exhibit J). G. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2006 Homeland and Security Grant Program, Program Guidance and Application Kit, pg 82 and 83 (Exhibit K). §203. This Section is Left Intentionally Blank UASI Gov't PSA Santa Ana 5/07 20A-13 ul PAYMENT §301. Pavment of Grant Funds and Method of Pavment A. The City of Los Angeles shall pay to City of Santa Ana the grant amount Ninety- Three Hundred Thousand Seven Hundred Fifty dollars ($93,750) to be used for purchase of equipment, planning, exercises, organizational activities, and training as described in Section 202 above. The Grant Amount represents the amount allocated to City of Santa Ana in the FY 06 UASI grant award notice. B. City of Santa Ana shall provide quarterly invoices to the City requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request Form (attached hereto as Exhibit L) and Purchasing Detail Worksheet (attached hereto as Exhibit M) detailing the expenditures made by City of Santa Ana as authorized by Section 202 above. For equipment for which Santa Ana is requesting reimbursement, all appropriate back-up documentation must be attached to the reimbursement form, including invoices, proof of payment and packing slips. For training reimbursements, Santa Ana must include a copy of the class roster verifying training attendees, _ proof that an OHS tracking number has been assigned to the course, and timesheets and payroll registers for all training attendees. For regional project reimbursements, City of Santa Ana must include approval from the lead agency for all submitted invoices. C. Notwithstanding anything to the contrary herein, City of Santa Ana may procure equipment through the "Equipment Purchase Assistance Program," as more fully described in "Fiscal Year 2006, Homeland Security Grant Program, Program Guidelines and Application Kit, page 50. Under this program, City of Santa Ana may select equipment from Fischer Scientific, the Grantor will pay the vendor directly, and the dollar amount of § 301A of this Agreement shall be reduced by the corresponding amount. City of Santa Ana shall notify the City of Los Angeles thirty (30) days prior to using the "Equipment Purchase Program," and shall submit to the City of Los Angeles a final report reconciling the full amount of the Agreement, ninety (90) days before the Agreement terminates. D. Payment of final invoice shall be withheld by the City of Los Angeles until the City has determined that City of Santa Ana has turned in all supporting documentation and completed the requirements of this Agreement. E. It is understood that the City makes no commitment to fund this Agreement beyond the terms set forth herein. F. This Section is left intentionally blank. G. Funding for all periods of this Agreement is subject to the continuing availability to the City of federal funds for this program. The Agreement may be terminated UASI Gov't PSA lp 5/07 Santa Ana 20A-14 immediately upon written notice to City of Santa Ana of a loss or reduction of federal grant funds. UAS I Gov't PSA Santa Ana 5/07 20A-15 Iv STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Contractor" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Contractor as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §402. Applicable Law, Interpretation and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the City. This Agreement shall be enforced and interpreted under the laws of the State of California and the City. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby. §403. Integrated Aareement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein. §404. Excusable Delays In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine UASI Gov't PSA 12 5/07 Santa Ana 20A-16 restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §405. Breach Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §406. Prohibition Against Assignment or Delegation City of Santa Ana may not, unless it has first obtained the written permission of the City: A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §407. Permits City of Santa Ana and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for City of Santa Ana's performance hereunder and shall pay any fees required therefore. City of Santa Ana further certifies to immediately notify the City of any suspension, termination, lapses, non renewals or restrictions of licenses, certificates, or other documents. §408. Nondiscrimination and Affirmative Action City of Santa Ana shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the City. In performing this Agreement, City of Santa Ana shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition. City of Santa Ana shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CRF Part 60). City of Santa Ana shall comply with the provisions of the Los Angeles Administrative Code Sections 10.8 through 10.13, to the extent applicable hereto. If this Agreement contains a consideration in excess of $500 but not more than UASI Gov't PSA t 3 5107 Santa Ana 20A-17 $5,000, the Equal Employment practices provisions of this Agreement shall be the mandatory contract provisions set forth in Los Angeles Administrative Code Section 10.8.3, in which event said provisions are incorporated herein by this reference. If this Agreement contains a consideration in excess of $5,000, the Affirmative Action Program of this Agreement shall be the mandatory contract provisions set forth in Los Angeles Administrative Code Section 10.8.4, in which event said provisions are incorporated herein by this reference. City of Santa Ana shall also comply with all rules, regulations, and policies of the City's Board of Public Works, Office of Contract Compliance relating to nondiscrimination and affirmative action, including the filing of all forms required by City. If required, City of Santa Ana shall submit an Equal Employment Opportunity Plan ("EEOP") to the DOJ Office of Civil Rights ("OCR") in accordance with guidelines listed at http://www.ojp.usdoj.gov/ocr/eeop.htm, Any subcontract entered into by the Contractor relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this § 408. §409. Los Angeles-City Business Tax Registration Certificate Under the terms of this Agreement, the City's Business Tax Ordinance (Article 1, Chapter 2, Sections 21.00 and following, of the Los Angeles Municipal Code) is not applicable. §410. Bonds Duplicate copies of all bonds which may be required hereunder shall conform to City requirements established by charter, ordinance or policy and shall be filed with the Office of the City Attorney for its review in accordance with Los Angeles Administrative Code Sections 11.47 through 11.56. §411. Indemnification Each of the parties to this Agreement is a public entity. to contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above- stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. City of Santa Ana certifies that it has adequate self insured retention of funds to meet any obligation arising from this Agreement. UASI Gov't PSA ] 4 5/07 Santa Ana 20A-18 §412. Conflict of Interest A. The Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that: A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et segg if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. B. Definitions: The term "immediate family" includes but is not limited to domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law. 2. The term "financial or other interest" includes but is not limited to: a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. C. (This Section is left intentionally blank.) D. The Contractor further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). UASI Gov't PSA 15 5/07 Santa Ana 20A-19 E. The Contractor shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Contractor. F. Prior to obtaining the City's approval of any subcontract, the Contractor shall disclose to the City any relationship, financial or otherwise, direct or indirect, of the Contractor or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. G. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the City of Los Angeles, State of California, and Federal regulations regarding conflict of interest. H. The Contractor warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement. I. The Contractor covenants that no member, officer or employee of Contractor shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter. J. The Contractor shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor" for the term "Contractor" and "sub subcontractor" for "Subcontractor". §413. Insurance (This Section is left intentionallly blank) §414. Restriction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.). §415. Statutes and Regulations Applicable To All Grant Contracts A. City of Santa Ana shall comply with all applicable requirements of state, federal, - - County and City of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. City of Santa Ana shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. City of Santa Ana shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1. Office of Manaaement and Budget (OMB) Circulars UASI Gov't PSA 16 5/07 Santa Ana 20A-20 City of Santa Ana shall comply with OMB Circulars, as applicable: OMB Circular A-21 (Cost Principles for Educational Institutions); OMB Circular A-87 (Cost Principles for State, Local, and Indian Tribal Governments); OMB Circular A-102 (Grants and Cooperative Agreements with State and Local Governments); Common Rule, Subpart C for public agencies or OMB Circular A-110 (Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations); OMB Circular A-122 (Cost Principles for Non-Pro1:It Organizations); OMB Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations. 2. Single Audit Act If Federal funds are used in the performance of this Agreement, City of Santa Ana shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.; City Council action dated February 4, 1987 (C.F. No. 84 2259 S1); and any administrative regulation or field memos implementing the Act. 3. Americans with Disabilities Act City of Santa Ana hereby certifies that it will comply with the Americans with Disabilities Act 42, USC §§ 12101 et sep., and its implementing regulations. City of Santa Ana will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. City of Santa Ana will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by the City of Santa Ana, relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. 4. Political and Sectarian Activity Prohibited None of the funds, materials, property or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public _. _ office. Neither shall any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement shall be used for any sectarian purpose or to support or benefit any sectarian activity. tf this Agreement provides for more than $100,000.00 in grant funds or more than $150,000 in loan funds, City of Santa Ana shall submit to the City a Certification Regarding Lobbying and a Disclosure Form, if required, UASI Gov't PSA ]'7 5/07 Santa Ana 20A-21 in accordance with 31 USC 1352. A copy of the Certificate is attached hereto as Exhibit C. No funds will be released to City of Santa Ana until the Certification is filed. City of Santa Ana shall file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by City of Santa Ana. City of Santa Ana shall require that the language of this Certification be included in the award documents for all sub-awards at all tiers and that all subcontractors shall certify and disclose accordingly. 5. Records Inspection At any time during normal business hours and as often as the City, the U.S. Comptroller General and the Auditor General of the State of California may deem necessary, City of Santa Ana shall make available for examination all of its records with respect to all matters covered by this Agreement. The City, the U.S. Comptroller General and the Auditor General of the State of California shall have the authority to audit, examine and make excerpts or transcripts from records, including all City of Santa Ana's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. City of Santa Ana agrees to provide any reports requested by the City regarding performance of the Agreement. 6. Records Maintenance Records, in their original form, shall be maintained in accordance with requirements prescribed by the City with respect to all matters covered on file for all documents specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records shall be retained for a period of five (5) years after termination of this Agreement and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records., The City may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the City. UASI Gov't PSA t g 5/07 Santa Ana 20A-22 7. Subcontracts and Procurement City of Santa Ana shall comply with the federal and City of Santa Ana standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. City of Santa Ana shall ensure that the terms of this Agreement with the City are incorporated into all Subcontractor Agreements. The City of Santa Ana shall submit all Subcontractor Agreements to the City for review prior to the release of anv funds to the subcontractor. The City of Santa Ana shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. 8. Labor City of Santa Ana shall comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for aMerit- System Personnel Administration (5 C.F.R. 900, Subpart F). City of Santa Ana shall comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction subagreements, and the Hatch Act (5 USC §§1501-1508 and 7324-7328). City of Santa Ana shall comply with the Federal Fair Labor Standards Act (29 USC § 201) regarding wages and hours of employment. None of the funds shall be used to promote or deter Union/labor organizing activities. CA Gov't Code Sec. 16645 et seq_. 9. Civil Rights City of Santa Ana shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U,S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S.C. §§6101-6107), which UASI Gov't PSA i9 5/07 Santa Ana 20A-23 prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 10. Environmental City of Santa Ana shall comply, or has already complied, with the requirements of Titles II and III of the Uniform relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal orfederally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. City of Santa Ana shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Pfans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93-234). City of Santa Ana shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. UASI Gov't PSA 20 5/07 Santa Ana 20A-24 City of Santa Ana shall comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. City of Santa Ana shall comply with the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) which restores and maintains the chemical, physical and biological integrity of the Nation's waters. City of Santa Ana shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. By signing this Agreement, City of Santa Ana ensures that it is in compliance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seg and is not impacting the environment negatively. City of Santa Ana shall comply with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871). City of Santa Ana shall comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et. seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 11. Preservation City of Santa Ana shall comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 12. Suspension and Debarment City of Santa Ana shall comply with Federal Register, Volume 68, Number 228, regarding Suspension and Debarment, and City of Santa Ana shall submit a Certification Regarding Debarment required by Executive Order 12549 and any amendment thereto. Said Certification shall be submitted to the City concurrent with the execution of this Agreement and shall certify that neither City of Santa Ana nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department head or agency. City of Santa Ana shall require that the UASI Gov't PSA 21 5/07 Santa Ana 20A-25 language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors shall certify accordingly. 13. Drup-Free Workplace City of Santa Ana shall comply with the federal Drug-Free Workplace Act of 1988, 41 USC §701, 28 CFR Part 67; the California Drug-Free Workplace Act of 1990, CA Gov't Code §§ 8350-8357. 14. Miscellaneous City of Santa Ana shall comply with the Laboratory Animal Welfare Act of 1966, as amended (P.L. 89-544, 7 USC §§2131 et seq.). B. Statutes and Regulations Applicable To This Particular Grant City of Santa Ana shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. City of Santa Ana shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: Title 28 Code of Federal Regulations (CFR) Part 66; EO 12372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, Financial Guide; U.S. Department of Homeland Security, Office of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness, Urban Areas Security Initiative Grant Program ll; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights. Standardized Emergency Management System (BEMs) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445- 2448. Provisions of 28 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Weland Protection Procedures; Part 64, Floodplain Management and Wetland UASI Gov't PSA 22 5/07 Santa Ana 20A-26 Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non-Profit Organizations; and Part 83, Government- Wide Requirements for a Drug Free Workplace (grants). Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable federal laws, orders, circulars, or regulations. 2. Travel Expenses City of Santa Ana as provided herein shall be compensated for City of Santa Ana's reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. City of Santa Ana's total travel for in-State and/or out-of-State and per diem costs shall be included in the contract budget(s). All travel including out-of-State travel not included in the budget(s) shall not be reimbursed without prior written authorization from the Mayor's Office. City of Santa Ana's administrative-related travel and per diem reimbursement costs shall be reimbursed based on the City of Santa Ana's policies and procedures. For programmatic-related travel costs, City of Santa Ana's reimbursement rates shall not exceed the amounts established by the State Department of Personnel Administration Rules and Regulations, PML 97-024, Section 599.619, dated July 1, 1997 and Section 599.631, and as amended from time to time. 3. Noncompliance City of Santa Ana understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by City of Santa Ana to City of any unlawful expenditures. C. Compliance With Grant Assurances To obtain the Grant Funds, the Grantor required an authorized representative of the City to sign certain promises regarding the way the Grant Funds would be spent ("Grant Assurances"), attached hereto as Exhibit E. By signing these Grant Assurances, the City became liable to the Grantor for any funds that are used in violation of the grant requirements. City of Santa Ana shall be UASI Gov't PSA 23 5/07 Santa Ana 20A-27 liable to the Grantor for any funds the Grantor determines that City of Santa Ana used in violation of these Grant Assurances. City of Santa Ana shall indemnify and hold harmless the City for any sums the Grantor determines City of Santa Ana used in violation of the Grant Assurances. §416. Federal, State and Local Taxes Federal, State and local taxes shall be the responsibility of City of Santa Ana as an independent party and not as a City employee. §417. Inventions. Patents and Copyrights A. Reporting Procedure for Inventions If any project produces any invention or discovery (Invention) patentable or otherwise under title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the Contractor shall report the fact and disclose the Invention promptly and fully to the City. The City shall report the fact and disclose the Invention to the Grantor. Unless there is a prior agreement between the City and the Grantor, the Grantor shall determine whether to seek protection on the Invention. The Grantor shall determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ("Policy") embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of title 35 U.S.C. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98-620, 37 CFR part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). Contractor hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy. B. Rights to Use Inventions City shall have an unencumbered right, and anon-exclusive, irrevocable, royatty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement. C. Copyright Policy Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material (Material) is developed under this Agreement, the author or the City, at the City's discretion, may copyright the Material. If the City declines to copyright the Material, the City shall have an unencumbered right, and anon-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so UASI Gov't PSA 24 5/07 Santa Ana 20A-28 for all government purposes, any Material developed under this Agreement. 2. The Grantor shall have an unencumbered right, and anon-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement. 3. Contractor shall comply with 24 CFR 85.34. D. Rights to Data The Grantor and the City shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights" means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and pertorm and display publicly, or permit others to do so; as required by 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C. Section 401 or 402, the Grantor acquires the data under a copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)). E. Obligations Binding on Subcontractors Contractor shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. §418. Earned Income Tax Credit Under the terms of this Agreement, City of Santa Ana is exempt from compliance with the provisions of Section 10.37.4 of the Los Angeles Administrative Code. §419. Equal Benefits Ordinance Under the terms of this Agreement, City of Santa Ana is exempt from compliance with the provisions of Section 10.37.4 of the Los Angeles Administrative Code. §420. Contractor Responsibility Ordinance Under the terms of this Agreement, City of Santa Ana is exempt from compliance with the provisions of the Contractor Responsibility Ordinance (CRO), Section 10.40 et seg•, of Article 14, Chapter 1 of Division 10 of the Los Angeles Administrative Code. §421. Slavery Disclosure Ordinance Under the terms of this Agreement, City of Santa Ana is exempt from compliance with the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles Administrative Code. UASI Gov't PSA 25 5/07 Santa Ana 20A-29 §422. Child Support Assignment Orders Under the terms of this Agreement, City of Santa Ana is exempt from compliance with the Child Support Assignment Orders Ordinance, Section 10.10 of the Los Angeles Administrative Code. City of Santa Ana shall comply with California Family Code Section 5230 et seq, as applicable. §423. Minority, Women. And Other Business Enterprise Outreach Program It is the policy of the City to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all Contractor contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub-Contractors. UASI Gov't PSA 26 5/07 Santa Ana 20A-30 v DEFAULTS, SUSPENSION, TERMINATION. AND AMENDMENTS §501. Defaults Should City of Santa Ana fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the City reserves the right to terminate the Agreement, reserving all rights under state and federal law. §502. (This Section is left intentionally blank.) §503. (This Section is left intentionally blank.) §504. (This Section is left intentionally blank.) §505. Amendments Any change in the terms of this Agreement, including changes in the services to be performed by City of Santa Ana, and any increase or decrease in the amount of compensation which are agreed to by the City and City of Santa Ana shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. City of Santa Ana agrees to comply with all future City Directives, or any rules, amendments or requirements promulgated by the City affecting this Agreement. UASI Gov't PSA 2~ 5/07 Santa Ana 20A-31 vl ENTIRE AGREEMENT §601. Complete Agreement This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. §602. Number of Pages and Attachments This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes twenty-eight (28) pages and thirteen (13) Exhibits which constitute the entire understanding and agreement of the parties. UASt Gov't PSA 28 5/07 Santa Ana 20A-32 IN WITNESS WHEREOF, the City and City of Santa Ana have caused this Agreement to be executed by their duly authorized representatives. APPROVED AS TO FORM AND LEGALITY: For: THE CITY OF LOS ANGELES ROCKARD J. DELGADILLO, City Attorney ANTONIO ILLARAI A, Mayor By ~ Deputy City Attorney By Date ~ ~ ~~ Ari onio R. Villaraigosa, Mayor Homeland Security and Public Safety, Mayor's Office AU~302001 ATTEST: Date FRANK T. MARTINEZ, City Clerk By Deputy City Clerk Date ~ ~ f~ ~ ~~~~~ N ~ APPROVED AS TO FORM: For: City of Santa Ana, -, a c r city By ity Attorney By Date ~" / ~~7 Date /~ 19-` G~` `~ ATTEST: By City Clerk Date ~~' ~ ~- ~'~ City Business License Number: Internal Revenue Service ID Number; Council File/OARS File Number: Date of Approval City Contract Number UASI Gov't PSA 29 5/07 Santa Ana 20A-33 EXHIBIT A INSURANCE (Not applicable to this Agreement.) 20A-34 EXHIBIT B CERTIFICATION REGARDING DEBARMENT 20A-35 EXHIBIT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants' responsibilities. (READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE COMPLETING) 1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. AGREEMENT NUMBER C` ~T y ©r S /~ i~ i r~ /1 i.l /~ - r7oL~ c,t p~,~~ ~4tti~ N r CONTRACTOR/BORROWER/AGENCY P ~u~ W /-1~iE.~2S - c~a ~cr ~~ ~~~~~ ~~ NAME AI~I~-T~,TLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE 20A-36 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this agreement is entered, if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,_unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Non Procurement Pro4rams. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 20A-37 EXHIBIT C CERTIFICATION REGARDING LOBBYING 20A-38 EXHIBIT C CERTIFICATION REGARDING LOBBYING Certification for Contracts. Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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 an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit _ Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4. 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 that $10,000 and not more than $100,000 for each such failure. AGREEMENT NUMBER CITY ej~ C~~l~v ~ ~ /1~•1 /~ ~ ~pL~C,r, Ik~r~A 2Trn~~~ i CONTRACTOR/BORROWER/AGENCY -~uL ~ ~R ` cw«,~ ar ~~~cL~ NAM AND ITLEjOF~AUTHORIZED REPRESENTATIVE SIGNATURE DATE 20A-39 EXHIBIT D THIS SECTION tS LEFT INTENTIONALLY BLANK 20A-40 EXHIBIT E GRANT ASSURANCES 20A-41 Office of Homeland Security Grant Assurances (All Applicants) Name of Applicant:.. ~ i T"y ~ r S~ -J i ~ n ~, ~ Address: (~~ LI,/ I~ C~.i~~~ 1't^P~ZA City: Sn~.-T /n /~,.jR State: Gil Zip Code: ~iZ~~Z Telephone Number: 7C 1~) ~ `-lS -Soo ~ Fax Number:( ~ y) Z~-I S - ~ c~O'1 E-Mail Address: P(,tJr-1~TtRS SCI . Sn~~~A -~N~ . va, us As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the federal Department of Homeland Security and sub-granted through the State of California. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs. 3. Will give the federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, through any authorized representative, access to and the right to examine al( paper or electronic records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Will provide progress reports and such other information as may be required by the awarding agency, 5. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. FY06 Homeland Security Grant Program Page 43 20A-42 7. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse; £ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G; j. Title 28, CFR, Part 35; k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and 1. The requirements on any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. 9. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 10. Will comply with environmental standards which may be prescribed pursuant to the following: a. institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive. Order (EO) 11514; b. notification of violating facilities pursuant to EO 11738; c. protection of wetlands pursuant to EO 11990; d. evaluation of flood hazards in floodplains in accordance with EO 11988; e. assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); f. conformity of federal actions to State (Clean Air) Implementation Plans under Section FY06 Homeland Security Grant Program Page 44 20A-43 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); g. protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and h. protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). i. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. 11. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. 12. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq). 13. Will comply with Standardized Emergency Management System (BEMs) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. 14. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the applicant's application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. 15. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 16. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 17. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. FY06 Homeland Security Grant Program Page 45 20A-44 19. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 20. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction sub-agreements. 21. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 22. Agrees that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; b. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. 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. 23. Agrees that equipment acquired or obtained with grant funds: a. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. c. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. FY06 Homeland Security Grant Program Page 46 20A-45 24. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 25. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-87, A102, A-110, A-122, and A-133, E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in Title 28, Code of Federal Regulations, Part 66 or 70, that govern the application, acceptance and use of Federal funds for this federally-assisted project. 26. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations. 27. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, including a. Part 18, Administrative Review Procedures; b. Part 20, Criminal Justice Information Systems; c. Part 22, Confidentiality of Identifiable Research and Statistical Information; d. Part 23, Criminal Intelligence Systems Operating Policies; e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities; f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Govemment Services; g. Part 38, Equal Treatment of Faith-based Organizations; h. Part 63, Floodplain Management and Wetland Protection Procedures; i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; j. Part 61, Procedures for Implementing the National Environmental Policy Act; k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 1. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. m. Part 67, Government-Wide Debarment and Suspension (Non-Procurement) n. Part 69, New Restrictions on Lobbying o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non-Profit Organizations. p. Part 83, Government-Wide Requirements for a Drug Free Workplace (grants) 28. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. FY06 Homeland Security Grant Program Page 47 20A-46 29. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 30. Will, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 31. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 32. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 33. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 34. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 35. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. 36. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within athree-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within athree-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. FY06 Homeland Security Grant Program Page 48 20A-47 38. As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as-defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining adrug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; FY06 Homeland Security Grant Program Page 49 20A-48 (g) Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (fJ. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: ~ ~4 u L W A ~-n. RS Title: C I~ ILA of ~oL~GE Date: ~~ `C ~ ~ FY06 Homeland Security Grant Program Page 50 20A-49 EXHIBIT F EQUIPMENT LEDGER 20A-50 W .~. N lA ~c U +~" O ~p W N y ~ ~ W H « Q > •~ d Z F- „ ~ QQ o..,ao ~~•w ~ cm ~?UZW~ C 7 O Q d O d O H 20A-51 20A-52 EXHIBIT G ALLOWABLE COST MATRIX 20A-53 APPENDIX D -ALLOWABLE COST MATRIX Table 13 - FY 2006 Allowable Cost Matrix Public education & outreach y. y y y Y; Y Y y • Y Y Develop and implement homeland security support programs and adopt ongoing DHS National Initiatives y .y y y Y< y 2, Y Y Develop and enhance plans and protocols Y Y Y 'Y Y Y y y y y y Develop or vonduct assessments Y Y Y y .y y y y Y Y Y Y Establish, enhance, or evaluate Citizen Corps related volunteer programs Y Y Y Y Y y Y Y Y Y y Hiring of full- or part-time staff or contracdconsultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties} y y Y Y Y Y Y Y Y y y y Conferences to facilitate planning activities y y y y y. y y 1, 1, Y Materials required to conduct planning activities y y y y y y y Y y Travel/per diem related to planning activities Y Y y y y y y y y Y Y Y Overtime and backfill costs (IAW operational Cost ' Guidance) Y Y Y Y Y Y Y Y Y Other project areas with prior approval from G&T y y y y y y y y y y I, Overtirrie for information, investigative, and intelligence sharing activities (up to 25 percent of the y 1. allocation) Reimbursement for select operational expenses associated wish increased security measures at critical infrastructure sites incurred during periods ofDHS- 1' S' Y declared Code Orange Hiring of full- part-time staff or contractors for emergency management activities 1' ~' Y Hiring ofcontractors/consultants for participation in information/intelligence analysis and sharing groups or fusion center activities (limited to 25 percent of the y Y allocation) D-1 20A-54 Personal Protective Equipment X Y Y Y Y Y. Y Y Y~ Explosive Device Mitigation and Remediation • ••: ~ . Equipment Y Y .'ft' ,1(, Y 'Y Y Y CBRNE Operational Search and Rescue Equipment ••. ~ Y ' ':Y Y .Y. 4'. Y Y~ ~-Y Y Y Information Technology Y Y Y Y Y Y Y Y ~; Y Y Y' y Cyber Security Enhancement Equipment y y: y y ..y 'y Y Y ~, Y Interopcrable Communications Equipment y . y y. y' y y y l; y i, ~, Y Detection Equipment y y Y Y Y Y Y Y Y y Decontamination Equipment Y Y Y Y Y Y. Y Y Y Medics! Supplies and Limited Pharmaceuticals y y y y y y Y y y y Power Equipment y y 1, y y y Y Y Y CBRNE Reference Materials Y Y y Y y •y y Y Y Y Y Y CBRNE Incident Response Vehicles Y y y y y y ,~, 1, y Tercorism Incident Prevention Equipment y y y y y y 1, Y Physical Security Enhancement Equipment y y y Y y y y 1, inspection and Screening Systems Y Y Y Y y y y Agriculture Terrorism Prevention, Response and Mitigation Equipment Y Y Y CBRNE Response Watercraft Y y y - Y Y Y Y CBRNE Aviation Equipment y y. CBRNE Logistical Support Equipment y y y y y y y y y Intervention Equipment y y ~, ~, j, 1, Other Authorized Equipmrnt Y Y= Y Y.: Y Y Y Y •Y. Y~ Y Overtime and backfill for emergency preparedness and response personnel attending G&T-sponsored and y y y y y y y 1, 1, 1, a roved trainin classes Overtime and backfill expenses for part-time and volunteer emergency response personnel participating `Y Y Y' . Y Y Y y. Y Y Y in G&T trainin Training workshops and confer y ences Y : y y y, ,I, 'y y ,y Y Y Y Y Full- or part-time staff or contractorslconsullants y y y .y y ~. . y. y .y Y Y Y . Travel Y Supplies Y ' Y Y Y Y Y Y Y Y Y Y Y Y Other items Y Y Y X Y 'Y Y Y Y ~Y Y Y Y Y Y Y Y Y y y y y D-2 20A-55 Extrciae planning workshop y , ~y y y y Y y Y Y Full- orpart-time staff or contractor/consultants Y y ,Y ~~ .Y Y ::X ' Y y y Overtime and backfitl costs including expenses for part-time and volunteer emergency response personnel Y y y y •~ y Y Y participating in G&T exercises Travel Supplies Y Y Y ~ Y Y ' Y' 'Y y y Other items Y 'Y Y Y ~Y Y Y Y y -Y Y Y: X Y Y Y. Y Hiring of tLll- or part-time staff or contractors/consultants to assist with the management of HSGP, implementation of Statt Homeland Security Y y y y y y ~, Y Y Strategy, application requirements, compliance with " re rGn and data collection r uiremtnts Development of operating plans for Information collection and processing necessary to respond to G&T Y Y Y .Y Y Y Y y y Data calls Overtime and backfili costs y y 1, ~, ~, ~, Travel Meeting related expenses Y Y Y Y:. Y Y Y Y Y Y y Authorized office e ui ment Y Y Y Y Y Y Y Y Y y q p Y y y y ~, Y' y Y Y Y Recurring expenses such as th ose associated with cell phones and faxes during the period of performance of Y y y y y y Y , the Grant Pro am ~ Leasing or renting of space for newly hired personnel Burin the riod of rformance of the Grant Pro ram Y y y Y y ~' Y D-3 20A-56 Costs outlined in the following table are NUT allowed unless designated by a "*". Those designated by a "~"' are only allowable in a limited capacity. Check the specific program guidance for detailed information. General use software, computers and related equipment, vehicles, licensing fees *, ~; '+t * :ik:` Weapons and Ammunition Construction and Renovation ~ (ONLY limited renovation is allowable in highlighted ro rams) ;;~_ ~r I * ..,~'. `' ~ * ~ '~ p g ~ I~ .; ~ :. Hiring ofpublic safety personnel for the purpose of fulftlling traditional public safety duties "* * ~* * *" Activities unrelated to the completion and implementation of HSGP '+t Other items not in accordance with the AEL or previously listed allowable msts * .~: :~.: D-4 20A-57 EXHIBIT H AUTHORIZED TRAINING 20A-58 FY 2006 HOMELAND SBCURITV dRANT PROdRAM - DECfiMBER 2, 2005 C.4. Trainine FY 2006 UASI funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel through development of a State homeland security training program. Allowable training-related costs include: 1. Establishment of support for, conduct of, and attendance at preparedness training programs within existing training academies/institutions, universities, or junior colleges. Preparedness training programs are defined as those programs related to prevention, protection, response, and or recovery from natural, technical, or manmade catastrophic incidents, supporting one or more Target Capabilities in alignment with national priorities as stated in the Goal. Examples of such programs include but are not limited to CBItIVE terrorism, critical infrastructure protection, cyber security, and citizen preparedness. 2. Overtime and backfill costs associated with attendance at G&T-sponsored and approved training courses. UASI funding may also be used for training citizens in awareness, prevention, protection, response, recovery skills PREPAREDNESS DIRECTORATE'S OFFfGB OF dRANTS AND TRAINING 84 20A-59 EXHIBIT I AUTHORIZED EXERCISES 20A-60 FY 2006 HOMELAND SECURITY GRANT PROGRAM -DECEMBER 2, 2006 C.S. Exercises All Urban Areas are required to develop aMulti-year Exercise Plan and submit it to G&T on an annual basis. While Urban Area specific, this plan must tie into the Multi-vear Exercise Pian developed by the State, and be in line with the Urban Area Homeland Security Strategy. Further, Urban Areas are encouraged to develop aMulti-year Plan and Schedule that takes into consideration anticipated training needs of the Urban Area for at least the immediate year, with exercises being timed to provide responders the opportunity to utilize training received. This combined schedule should also ensure that training and exercises complement each other. An example of a combined Multi-year Training and Exercise Plan can be found at the HSEEP Website or G&T Secure Portal. Further guidance concerning EPWs can be found in the HSEEP Volumes, Urban Areas are eligible to apply for exercise direct support, but must do so in coordination with the SAA. PREPAREDNESS DIRECTGRATE'S OFFICE OF GRANfS AND'rRA]N1NG ~4 $5 20A-61 EXHIBIT J AUTHORIZED PLANNING 20A-62 FY 200b HUMRI.AND SECi1RITY URANT PRUaRAM - nF.CP.MIIER ?, 2005 C. Authorized Program Expenditures Allowable expenditures for the FY 2006 UASI program comport with FY 2006 SHSP (except for the use of funds for operational costs). Please refer to Appendix D for a summary of authorized and unauthorized UASI expenditures. C.1. Plannlne Urban Areas may use FY 2006 UASI funds for multi-discipline planning efforts to prioritize needs, update preparedness strategies, allocate resources, and deliver preparedness programs. These efforts include the collection and analysis of intelligence and information and the development of policies, plans, procedures, mutual aid agreements, strategies, and other publications that comply with relevant laws, regulations, and guidance necessary to perform assigned missions and tasks. It is explicitly permissible to use planning funds to hire government and/or contractor personnel to conduct planning activities described here. Similar to SHSP, FY 2006 UASI funds may be used for a range of homeland security planning activities, such as: Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: o Implementing the National Preparedness Goal and Guidance. o Implementing and adopting NIMS. o Modifying existing incident management and Emergency Operating Procedures (EOPs) to ensure proper alignment with the NRP coordinating structures, processes, and protocols. o Establishing or enhancing mutual aid agreements. o Developing communications and interoperability protocols and solutions. o Conducting local, regional, and Tribal program implementation meetings. o Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIC. o Designing State and local geospatial data systems. o Conducting public education and outreach campaigns, including promoting individual, family and business emergency preparedness; alerts and warnings education; and evacuation plans. Developing related terrorism prevention activities including: o Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery. o Multi-discipline preparation across first responder community, including EMS for response to catastrophic events and acts of terrorism, o Public inforn-ation/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils. o Citizen Corps volunteer programs and other activities to strengthen citizen participation. PItEPAREllNESS UIRECI'ORA'fE'S OFFfCEOF GRANTS AND 7RAINING $Q 20A-63 FY 2006 HUM64AND SECURITY GRANT PRQCiRAM - DECEMBER 2, 2005 o Conducting public education campaigns, including promoting individual, family and business emergency preparedness; promoting the Ready campaign; and/or creating State, regional or local emergency preparedness efforts that build upon the Ready campaign. o Evaluating CIP security equipment andlor personnel requirements to protect and secure sites. o CIP cost assessments, including resources (financial, personnel, etc.) required for security enhancements/deployments. Developing and enhancing plans and protocols, including but not limited to: o Developing or enhancing EOPs and operating procedures. o Developing terrorism prevention deterrence plans. o Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies. o Developing or enhancing border security plans. o Developing or enhancing cyber security plans. o Developing or enhancing cyber risk mitigation plans. o Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans. o Developing public/private sector partnership emergency response, assessment, and resource sharing plans. o Developing or updating local or regional communications plans. o Developing plans to support and assist special needs jurisdictions, such as port authorities and rail and mass transit agencies. o Developing or enhancing continuity of operations and continuity of government plans. o Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRP. o Developing or enhancing evacuation plans. o Developing or enhancing citizen surge capacity. Developing or conducting assessments, including but not limited to: o Conducting point vulnerability assessments at critical infrastructure sites/key assets and developing remediation/security plans. o Conducting cyber risk and vulnerability assessments. o Conducting assessments and exercises of existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and State resources. o Activities that directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines (e.g, law enforcement, fire, EMS, public health, behavioral health, public works, agriculture, inforTnation technology, and citizen preparedness). o Activities that directly support the identification and advance preparation of pre- designated temporary housing sites. I'REPAREllNESS DIkEC'I'URA'I'E'SOFFICE OF GRANTS AND TRAINING 8 ] 20A-64 EXHIBIT K AUTHORIZED ORGANIZATIONAL ACTIVITIES 20A-65 FY 2(x06 I IUMF.LAND SECURITY GRANT PRO<3RAM - DECF.MAER 2, 2005 C.2. Or¢aniization States and Urban Areas may use FY 2006 UASI funds to support select organization activities. States and Urban Areas must justify proposed expenditures of UASI funds to support organization activities within their Investment Justification submission using historical data and other analysis to substantiate their proposals. No more than 2 nt of the gross amount of the allocation for this program may be used for operational expenses and overtime costs for the three (3) operational activities noted below. 1. Operational overtime costs associated with increased security measures at critical infrastructure sites during periods of DHS-declared heightened alert. UASI: Up to 25 percent of FY 2006 funds may be used in UASI jurisdictions. • Of this amount, up to 10 percent may be used for costs incurred during Code Yellow or Orange. • The remaining 15 percent may be used for costs incurred only during Code Orange. • Operational overtime costs incurred at National Special Security Events (NSSEs) in UASI jurisdictions, as designated by the Secretary of Homeland Security, are also allowed. • States with UASI jurisdictions can use funds retained at the State level to reimburse eligible operational overtime expenses incurred by the State (up to a maximum of 25 percent of the State share of the UASI grant). However, those activities must directly support increased security measures enacted in the UASI jurisdictions. States should be judicious in the use of Federal grant funds when protecting critical infrastructure and should leverage public/private partnerships. States should also consider the use of private assets in the protection of private facilities. In support of these efforts for enhanced capabilities of detecting, deterring, disrupting, and preventing acts of terrorism, costs eligible for reimbursement under this policy are identical to those deemed allowable under previous Code Orange alerts. Therefore, subject to the conditions stated above, States and local governments may use FY 2006 UASI funds to support select operational expenses associated with increased security measures at critical infrastructure sites in the following authorized categories: • Backfill and overtime expenses for staffing State or local emergency operations centers (EOCs) • Hiring of contracted security for critical infrastructure sites • Public safety overtime • National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package • Increased border security activities in coordination with CBP as outlined in Information Bulletin #135.17 ~~ Proposed operational activities should emphasize those measures that will increase border security in direct coordination with CBP personnel. State, local, and Tribal law enforcement personnel may provide increased enforcement presence by generally increasing their patrol presence at the border; by providing additional Uaffic 1'KEPAREDNESS DIREC'1'URATE'S OFFICE OF GRANTS AND'rRnINING $2 20A-66 FY 200! ttOMELAND SFfil1RlTY GRANT PROGRAM -DECEMBER 2, 2005 Consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package. 2. Overtime costs are allowable for personnel to participate in information, investigative, and intelligence sharing activities specifically related to homeland security. This includes activities such as anti-terrorism task forces, Joint Terrorism Task Forces (JTTF), Area Maritime Security Committees (as required by the Maritime Transportation Security Act of 2002), and Terrorism Early Warning (TEW) groups. Grant funds may be used towards the hiring of new staff and/or contractors to serve as intelligence analysts to support information intelligence fusion capabilities. In order to be hired as an Intelligence Analyst, staff and/or contractor personnel must have successfully completed training to ensure baseline proficiency in intelligence analysis and production. Furthermore, costs associated with hiring new intelligence analysts are allowable only for the period of performance of the FY 2006 UASI and LETPP programs. Upon close-out of the FY 2006 grants, States and Urban Areas shall be responsible for supporting the sustainment costs for those intelligence analysts. The International Association of Law Enforcement Intelligence Analysts' (IALEIA) Educational Standard # 7 (page 14 of the IALEIA Analytic Standards booklet) provides standards on the categories of training needed for intelligence analysts. These include subject-matter expertise, analytic methodologies, customer-service ethics, information handling and processing skills, critical thinking skills, computer literacy, and objectivity and intellectual honesty. Successful completion the following courses satisfies the intelligence analyst training requirement: • Intelligence Analyst Training Program (FLETC). • Foundations of Intelligence Analysis Training (International Association of Law Enforcements Intelligence Analysis). Additional courses are being identified and will be shared as soon as possible. A certificate of completion of such training must be on jtle with the SAA and should be made available to Preparedness Officers upon request upon the hiring of personnel. control support at the border and at border patrol traffic checkpoints; and by enhancing their participation in the Integrated Border Enforcement Teams. This policy does not result in a change or extension of Federal authority to State, Tribal, or local law enforcement agencies to enforce Federal immigration taws. If Federal immigration violations are encountered, consistent with current practices, State, local, and Tribal agencies may refer those violations to CBP authorities for appropriate action. No funds may be obligated or drawn down in support of these activities without HQ-CBP approval of operational plans and without submission to and approval by G&T of budget detail worksheets. State, local, and Tribal law enforcement agencies shall not use this funding to supplant routine patrol and law enforcement operations or activities in order to perform other activitics not directly related to providing an enhanced law enforcement presence. PREPAREDNESS DIR£C"I'ORATE'S OFFICE OF GRANTS AND TRAINING 83 20A-67 EXHIBIT L REIMBURSEMENT REQUEST FORM 20A-68 CITY OF LOS ANGELES URBAN AREA SECURITY INITIATIVE GRANT Reimbursement Request Form Return Reimbursement Requests to: Rachel Tkatch Mayor's Office of Homeland Security and Public Safety 200 N. Spring 5t., Room #M-175A Los Angeles, CA 90012 Phone: 213.978.0701 Fax: 213.978.0718 rachel.tkatchCa~lacity.org UASI FY03 Part 1 ^ UASI FY04 ^ UASI FY03 Part 2 ^ UA51 FY05 ^ Core City: Requesting Agency: Reimbursement Period: to Prepared By: Phone No.: Please mark this box to indicate final Line: request for reimbursement ^ Authorized Previously Current Cumulative Type of Expenditure Balance Total Amount Request Request Request E ui ment ,,, ~ `. ~~% Exercise '~ ~ t` ``~"~3" Trainin k, t, ~'~ ~ ,;; ~~ ~ ' Plannin ~? #„' k~4~' O eration l Activities ~; ' ~ ~~ ~` ~ ~ a . ' ~ ,;,~ , Mana ement & Admin K acr-. ~ ;~ ~ % ~ s -- ,,. ~~, ~;. ;~ Total ~ ~'`_~' ~ ~' ~ - This reimbursement claim is in all respects true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations, and grant conditions and assurances. In addition, this claim is for cost incurred within the Grant Performance Period. Also, a!1 supporting documentation related to these expenditures will be retained in accordance with grant guidelines. Authorized Department Approval: Please Remit Payment to: Print Name Title Signature Daie Phone No. (extension) Fax No. Name Address City State Zip Reference No. E-mail Address To be completed by HSPS Accounting Department DHS/OES Reimbursement Request By: _ ._ Transaction ID:_ Date: DHSlOES Reimbursement Received:.- Cash Receipt No.____ JV No. - Transfer to Depart JV No. 20A-69 EXHIBIT M PURCHASING DETAIL WORKSHEET 20A-70 T O fD O N v 0 n 8 ro 0 a c m y ro 0 a m m x rn w -o' d v v 0 n `o n f/1 d a 0 m' y O O (D x v m a Q coo O S 0 3 W :!~ _. m C d N ~ a o ,.. u~: e 0 ~: ~'it' r- C 7 0 ~; sc -~ oooo^ c ycy Dc DcD DcD Q {TC <TG ~ ~ A W W ~ 3 f l+ O1 v v m d ~ ~ m N ~ Q~, 0 C X Z - C y ~ ~ :: ~ w o m ~ .9 c n m N v m O F N S W w C D Z D m D N rn C _~ Z -1 ~_ C m A D z -~ 0 T 0 n z r N 20A-71 20A-72 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: September 2, 2008 TITLE: FY2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM APPLICATION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15S Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER CI MANAGE RECOMMENDED ACTION Adopt a resolution authorizing the City Manager and Chief of Police to submit a grant application to the State of California, Office of Homeland Security for fiscal year 2008 Interoperable Emergency Communications Grant Program. DISCUSSION The United States Department of Homeland Security has developed the Interoperable Emergency Communications Grant Program (IECGP). IECGP provides planning, training, and exercise funding to local emergency first responders to carry out initiatives to improve interoperable emergency communications. (Equipment acquisition is not allowable under the IECGP ) The City of Santa Ana will be the lead agency responsible for the fiscal management of the FY 2008 IECGP. The City of Santa Ana Police Department has worked with cities and counties throughout Southern California to determine current capabilities and needs and have established goals and objectives for implementing the IECGP. FISCAL IMPACT There is no fiscal impact associated with this action. Although this is a reimbursable grant, grantees may elect to draw down funds up to 120 days prior to expenditure/disbursement. Furthermore, approximately $66,279 will be provided to the City of Santa Ana for Management and Administration (M&A) of the grant in addition to the funding of salaries for time spent coordinating grant efforts. 21 A-1 FY 2008 Homeland Security IECGP September 2, 2008 Page 2 l~l~ ---- Paul M. Walters Chief of Police Police Department 21 A-2 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE TO SUBMIT A GRANT APPLICATION TO THE STATE OF CALIFORNIA OFFICE OF HOMELAND SECURITY FOR THE FY2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM Iss08/25/OS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The United States Department of Homeland Security along with the Federal Emergency Management Agency, have created the Interoperable Emergency Communications Grant Program (IECGP). B. The California Office of Homeland Security has been designated to administer the IECGP for the State of California. C. IECGP provides funding for planning, training and exercises designed to improve interoperable emergency communications capabilities throughout the State. D. The City of Santa Ana will be the lead agency for the Southern Planning Area, responsible for submitting the application and fiscal management for the FY 2008 IECGP Grant. E. The City of Santa Ana Police Department has worked with the cities and counties in the Southern Planning Area to determine current capabilities and needs and have established goals and objectives for implementing the IECGP, including • Ensure that all participating agencies have a viable Tactical Interoperable Communications Plan (TICP) • Provide exercises and training on the TICPs • Resolve MOU issues between the cities/counties in the Southern Planning Area • Adopt plans which support the California Statewide Interoperability Executive Committee governance structure. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police to submit a grant application in the amount of 21 A-3 Two Million, Two Hundred Nine Thousand, Three Hundred Seven Dollars ($2,209,307) to the California Office of Homeland Security for the fiscal year 2008 Interoperable Emergency Communications Grant Program to implement the goals and objectives established by the Southern Planning Area. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or Chief of Police to execute and submit all documents and take any necessary action, for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and subgranted through the State of California. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 21 A-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 21 A-5 21 A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: CONTRACT RENEWAL FOR UNLEADED FUEL (SPEC. NO. 06-066) ~~ f~, CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with G.P. Resources, Inc., for the purchase of unleaded fuel for a one-year period in an annual amount not to exceed $1,400,000. DISCUSSION The Fleet Division of the Finance and Management Services Agency provides fuel for all City gasoline and diesel operated vehicles. The fuel is stored in underground tanks located at the Corporate Yard, the Police facility, and Fire Stations No. 1, 4, 5 and 6. Pricing for the City's fuel purchases are based upon daily benchmarks published by the Oil Price Information Service (OPTS), plus fixed fees and applicable taxes. Prices in the volatile petroleum market have increased considerably in the 12-month contract period. G.P. Resources, Inc., projects the basic price of unleaded gasoline to follow the same volatile pattern, absent the peak experienced in June 2008, through the current fiscal year. In response, the City has established a program to evaluate the use of alternative fuels to reduce consumption of gasoline and diesel fuel. Currently, all 11 of the City's street sweepers are fueled with compressed natural gas (CNG). Since the 05/06 fiscal year, 21 gasoline/electric hybrid vehicles have been added to the City fleet. In addition, the City is testing hydrogen as an alternative fuel and currently operates five hydrogen/electric hybrid vehicles. 22A-1 Contract Renewal September 2, 2008 Page 2 for Unleaded Fuel On June 5, 2006, The City Council awarded a contract to G.P. Resources, Inc., for a one-year period with provision for four, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract with a $.005 increase per gallon to cover higher trucking expenses, for a new fixed fee cost of $.018 per gallon. Staff determined this increase is consistent with the market and recommends the second renewal of the contract. The overall contract dollar amount has been increased by six percent in response to current pricing. FISCAL IMPACT Funds are available (no. 75-111-6382). expenditures will period. in the Equipment The amount of the depend upon the ~ _.. G~r .ncisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/06-066R2.2:ush Maintenance contract is requirements Garage Operation account estimated, as the actual throughout the annual 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: CONTRACT RENEWAL FOR WEED AND DEBRIS REMOVAL (SPEC. NO. 06-100) ~c ~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Naranjo Landscaping for weed and debris removal for a one-year period in an annual amount not to exceed $177,000. DISCUSSION The Public Works Agency (PWA)'s Maintenance Services Division is responsible for cleaning over 200 vacant lots, easements, and storm drain channels. On occasion the Community Development Agency also requires the service of weed abatement. Removing the weeds and debris of both public and private properties enhances the safety and visual appearance of the city. On September 5, 2006, the City Council awarded a contract to Naranjo Landscaping for a one-year period with provision for three, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract with only a minimal price increase on selected contract items. Staff recommends the second renewal of the contract. 22B-1 Contract Renewal for Weed and Debris Removal September 2, 2008 Page 2 FISCAL IMPACT Funds are available in the Sanitation Enterprise, the Federal Clean Water Protection Enterprise, and the Merged Housing Capital Projects Funds (account nos. 68-632-6291, 57-635-6291 and 507-936-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Jame,$' G . Ro s s v Executive Director Public Works Agency ~,, Cynthia Nelson Deputy City Manager for Development Community Development Agency 7~'rancisco Gutierrez Executive Director Finance & Mgmt. Services Agency Services JGR/WO/06-100R2.91: 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: CONTRACT RENEWAL FOR MISCELLANEOUS PLUMBING SUPPLIES (SPEC. NO. 06-152) i / v . C~`-t.~.,.---~- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2f0 Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Irvine Pipe & Supply, Inc., for the purchase of miscellaneous plumbing supplies for a one-year period in an annual amount not to exceed $90,000. DISCUSSION The City maintains in excess of 50 buildings, including City Hall, the Corporate Yard, the Police Administration and Holding Facility, fire stations, recreation and senior centers, libraries, and park facilities. Blanket Order Lists consisting of vendors that provide supplies and services required by agencies on a consistent basis are established annually. Irvine Pipe & Supply, Inc. provides plumbing supplies such as pipes, valves, bushings and tools that are used extensively in the maintenance of City facilities. The contract will ensure that all necessary materials are available when required. On November 20, 2006, the City Council awarded a contract to Irvine Pipe & Supply, Inc., a Santa Ana vendor, for a one-year period, with provision for four, one-year renewals. Irvine Pipe & Supply, Inc. has performed satisfactorily during the past contract period, and staff recommends the second renewal of the contract. 22C-1 Contract Renewal for Miscellaneous Plumbing Supplies September 2, 2008 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). ~~ Francisco Gutierrez Executive Director Finance and Management Services Agency FG/WO/06-152R2.2: 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: CONTRACT RENEWAL FOR HAZARDOUS WASTE DISPOSAL SERVICES (SPEC. NO. 07-006) / /~u,------ C Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 sc Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Clean Harbors Environmental Service, Inc., for hazardous waste disposal services for a one-year period in an annual amount not to exceed $65,000. DISCUSSION During operations where materials such as paint, fuel, and solvents are used, hazardous waste material is generated. The waste materials are processed through Central Stores for pick up at the Corporate Yard. Compliance with Environmental Protection Agency regulations requires that an authorized hazardous waste disposal service transport the hazardous materials to an authorized disposal, treatment, or storage facility within 90 days. On March 5, 2007, the City Council awarded a contract to Clean Harbors Environmental Service, Inc. for a one-year period with provision for two, one-year renewals. The vendor has agreed to renew the contract with a five percent price increase, due to the rising costs for transportation and hazardous waste treatment. Staff verified that the increase is consistent with the market and the vendor continues to offer a competitive price for the service. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the City Yard Operations Fund account (no. 85-107- 6291) and in the various departmental accounts (object code 6291). S~-Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency FG/WO/07-006.R.2: 2 2 ~-~ 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: CONTRACT RENEWAL FOR BRASS WATER SERVICE FITTINGS (SPEC. NO. 07-057) % ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contracts for brass water service fittings for a one-year period in the annual amounts as follows: Vendor: Location: Amount: Wells Supply Company Santa Ana $50,000 Ferguson Waterworks Santa Ana $30,000 DISCUSSION Last year, the Public Works Agency (PWA) Water Division delivered 43,000 acre feet of water to businesses and residents in Santa Ana. To do so, PWA maintains an extensive distribution system that includes 20 active wells, seven pumping stations and reservoirs, and seven import water connections, as well as miles of water pipe. In order to perform maintenance and repairs on this extensive system, PWA requires an assortment of materials such as bushings, flanges, nuts, and stops. The materials are purchased through the Central Stores warehouse for distribution. The contracts for brass water service fittings is designed to provide quality products at a significant savings based on quantity pricing. In July 2007, three contracts for brass water service fittings were awarded for a one-year period with provision for four, one-year renewals. At this first renewal, all the vendors have requested price increases - two at an increase of ten percent and guaranteeing the price for one year. However, S & J supply requested a 13 percent increase, and will only hold that price for six months. With this increase, S & J is no longer a low bid, with no assurances as to the increase for the second half of the contract period. Ferguson Waterworks and Wells Supply Company have performed satisfactorily during the past contract period. Staff recommends the first renewal of the contract with Ferguson Waterworks and Wells Supply Company. The annual amounts are based upon past usage and staff's projection for the next year. 22E-1 Contract Renewal for Brass Water Service Fittings September 2, 2008 Page 2 FISCAL IMPACT Funds are available in the Water Utility Water Systems Maintenance and Water Quality & Measurement accounts (nos. 64-575-6391 and 64-578-6391). APPROVED AS TO FUNDS AND ACCOUNTS: James ,.G . Rc~s s Executive Director Public W rks Agency JGR /07-057R1.9: }Francisco Gutierrez ,~~ Executive Director Finance & Mgmt. Services Agency 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: CONTRACT AWARD FOR SURVEILLANCE SYSTEM COMPONENTS (SPEC. NO. 08-052) l G CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Merjan Enterprises Inc., dba/Save On Video for the purchase of surveillance system components and cabling services in an amount not to exceed $107,000. DISCUSSION A limited number of City facilities are equipped with surveillance equipment, including the Police Administration and Detention Facility, The Depot, and the City Yard. To ensure the safety and security of both staff and inmates, the Detention facility utilizes an automated video and audio surveillance system. The system allows staff to monitor and record incidents in the maximum security areas and all housing modules. To further enhance safety and security, the surveillance system is being expanded to include the booking area and the records section of the jail. The City Yard was constructed with a surveillance system consisting of 19 cameras and two viewing stations to cover its 11.5 acres. The system is 14 years old, not capable of recording, and plagued with poor camera performance and cabling failures. The recommended action will upgrade the surveillance system with state of the art equipment to allow monitoring and recording from monitoring stations at the City Yard, as well as from the Police Department. The notice inviting bids was advertised on July 30, 2008 and bids were solicited. A summary of the bid invitations and bids received is as follows: 3 Invitations For Bid mailed 3 Bids received 22F-1 Contract Award for Security System Components September 2, 2008 Page 2 Bids were received and opened August 13, 2008 (Exhibit 1). The bid received from Merjan Enterprises Inc., dba/Save On Video, is responsive to the specification and meets the City's requirements. FISCAL IMPACT Funds for expansion of the surveillance system at the Santa Ana Detention Facility are available in the Inmate Welfare Fund account (no. 23-349-6391) and for the upgrade of the security camera system at the City Yard in the City Yard Operations account (no. 85-107-6291). APPROVED AS TO FUNDS AND ACCOUNTS: C Paul M. Walters Chief of Police Francisco Gutierrez ~( Executive Director f Finance & Mgmt. Services Agency 22F-2 CITY OF SANTA ANA PURCHASING DIVISION ABSTRACT OF BIDS SURVEILLANCE SYSTEM COMPONENTS (SPEC. N0.08.052) Bidder Save On Video Securitech VAS Security Systems Location Agoura Hills Terms Net 30 Delivery 2 weeks Reseda Net 30 30 days Simi Valley Net 30 15 days Total $106,922.00 $124,922.00 $113,394.00 EXHIBIT 1 22F-3 22F-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: CONTRACT AWARD FOR PLAZA OF THE SUN DRAINAGE IMPROVEMENTS (PROJECT NO. 08-9099) ~j+ C7 CITY MANAGER `~`/ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to Golden State Constructors, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $42,213.60 for construction of the Plaza of the Sun Drainage Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $59,000. DISCUSSION The Plaza of the Sun has experienced drainage problems near the north- west entrance of the Ross Annex of City Hall (Exhibit 1). Over the years the Plaza and the adjacent concrete walkway have settled in different areas, resulting in severe ponding. This project provides for construction of a new concrete walkway and drainage improvements in the Plaza of the Sun. The attached Notice Inviting Bids was advertised on July 2nd and July 7tn, 2008, and bids were opened on July 31, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 14 Contractors requesting bidding documents: 10 Bids received: 4 Bids received from Santa Ana Contractors: 0 23A-1 Plaza of The Sun Drainage Improvements Project No. 08-9099 September 2, 2008 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. Golden State Constructors Huntington Beach $42,213.60 2. Fleming Environmental, Inc. Buena Park $53,952.00 3. Atlas-Allied, Inc. Anaheim $63,895.00 4. Lonerock, Inc. Laguna Hills $77,150.00 A total of four bids were received and all were responsive. The lowest bid was submitted by Golden State Constructors for $42,213.60, which is below the Engineer's estimate of $45,340. RNVIRONMLNTAL IMPACT An environmental Review No. 2008-129 has been completed and a Categorical Exemption will be filed for the project pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $59,000 for the project (Exhibit 2). Funds are available in the Civic Center Maintenance fund (Account no. 74-243-6631}. APPROVED AS TO FUNDS AND ACCOUNTS: 0.. ~4. James G. oss Executive Director Public Works Agency Gerar Mouet Executive Director Parks & Recreation Services ~~'x~~.~ ~g" ti ~~~dda Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency K :\Construction\RFCA-draft\08-9099 50 WD 23A-2 23A-3 FUNDING ANALYSIS PROJECT NO. 08-9099 PLAZA OF THE SUN DRAINAGE IMPROVEMENTS Construction Contract $42,213 Contract Administration $1,234 Inspection and Testing $2,500 Survey Staking $2,500 Contingencies $10,553 TOTAL ESTIMATED CONSTRUCTION COSTS $59,000 Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500-C) t i~ i --_ CITY MANAGER ''~~tECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached purchase agreements, subject to non-substantive changes approved by the City Manager and City Attorney, with the following: • Clinton Do and Thuat Thi Cao for $117,500 • Sergio H. Esparza and Delia O. Esparza for $92,660 DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from McFadden Avenue and Pine Street. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, the acquisition of a portion of the Do property located at 1305 W. Richland and the Esparza property located at 1306 W. Richland is required (Exhibit 1). The proposed partial acquisition will not impact the building. 25A-1 Purchase Agreements September 2, 2008 Page 2 for 1305 and 1306 W. Richland ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611) . ~_ James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: - r~ .~ ~ ~rancisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25A-2 LEGEND SUBJECT PROPERTY I I I ~ I i i ~ i ~ i ~ , ~,-~ 1 tY-~ I ~ 1 ~ I O 1~ i _ i____ i _ i ~ ~ , --- - RAYMAR ST ~~ ~ ° op i a- i o i r~ ~ `~- i i i I I I --------I --------i--- r- i i i I I ~ I O ~ ~~ AVE ------~--- -r----- --- -I ~ i ~ i ~ o ; ~ ~ I ~ I ~ I i ~ i -L'-- -- ------~--- --~ I I --'-- --- -T-- I I I ' I i ~ i I I i M ~ I I M j ~ j I I ~ / TOLLNER ST I -- ----J--------T--------I , i i i i i i i I ~ i ~ i ~ i N I N I N I L RAYMAR ST ~ ~ ~ I N N ' i I I I I I i I 1 I ~------r-------f --------.~-. I I I I I I I i i i i rn ! a~ ! ~n ~ I N I N_ ~ N ~ - `--I-- -~- - - - ~- RICHLAI~ AVE --- -----T----- i ~ 7a N i --------- -----T--~ 707 L----------- I UNlK -----{ 1 71l ----------- i-- ~----- i -----i ~r~ i i i i ~1~ ~ e. ~ f ~---------~ I (----------~ ' ~ ~~~ ~,~ EXHIBIT 1 SANTA ANA cmr COUNCIL PURCHASE AGREEMENTS FOR Pr W~~ AGENDA DATE BRISTOL STREET CORRIDOR ~, sE~rE~neER 2, Zoos (PROJECT 06-1500-C) PUBLG wnc5 ,~ 25A-3 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into this _ day of , 2008, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Clinton Do and Thuat Thi Cao, (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: (hereinafter "Said Real Property") described as follows: SEE EXHIBIT "A" -Legal Description And EXHIBIT "B" -Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HERETO (Commonly known as portion of 1305 W. Richland Avenue, Santa Ana, CA) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Convevance by Seller. Seller agrees to convey Said Real Property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title, except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to Said Real Property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to Said Real Property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of Said Real Property to City, within the time and at the place hereinabove specified for said conveyance of Said Real Property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of ONE HUNDRED SEVENTEEN THOUSAND, FIVE HUNDRED AND NO/100 DOLLARS ($117,500) insuring City's title to Said Real Property is free and clear of any and all conditions, restrictions, Page 1 of 9 Seller's Initials 2 5A-4 reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this PSA. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (hereinafter "Escrow Agent") within five (5) days from and after the date on which the City has approved this PSA. This PSA constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this PSA shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow is to close within 120 days after Owner's execution of this PSA. The Escrow Agent hereby is empowered to act under this PSA, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this PSA, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of Said Real Property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "C" of the General Provisions of this PSA. 5. Property Taxes. Such real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on Said Real Property for said fiscal year which have been paid prior to the date the deed conveying Said Real Property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying Said Real Property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, fixtures & equipment (improvements pertaining to the realty), good will (if any), severance damages, and bonus value (if applicable), the total cash sum of ONE HUNDRED SEVENTEEN THOUSAND, FIVE HUNDRED AND NO/100 DOLLARS ($117,500). Page 2 of 9 Seller's Initials 25A-5 City agrees to deposit said purchase price in escrow with the Escrow Agent within Sixty (60) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay said purchase price to Seller only after or concurrent with the satisfaction of the following conditions precedent: (a) Conveyance of Said Real Property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying Said Real Property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Grant Deed conveying Said Real Property to City. (e) Escrow Agent shall not record the Grant Deed until City has deposited with Escrow Agent the Purchase Price in full. 7. Possession. Seller agrees to deliver to City, on the date the Grant Deed conveying Said Real Property to City is recorded, quiet and peaceful possession of Said Real Property. 8. Blank. This section intentionally left blank. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon Said Real Property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for Said Real Property and severance damages. Page 3 of 9 Seller's Initials 25A-6 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the city of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: 1305 West Richland Avenue Santa Ana, California 92703 15. Exceptions. City agrees to accept title to Said Real Property subject to the following: NONE 16. Agreement. Performance of this Agreement by City shall lay at rest, each, every and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sec . (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sec.. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Page 4 of 9 Seller's Initials 25A-7 Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the enforceability of this PSA, and the escrow created hereby, is contingent upon the express acceptance and approval of this PSA by City. The execution of this PSA by City, and the delivery of same to Escrow Agent, shall constitute said acceptance and approval. 21. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 23. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. Page 5 of 9 Seller's Initials 25A-8 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 28. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. The parties have executed this Agreement as of the date written below. SELLER: By: Clinton Do Date: , 2008 By: Date: ,2008 Thuat Thi Cao APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Date: , 2008 Jose Sandoval Chief Assistant City Attorney CITY !BUYER: CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST: By: Patricia E. Healy Clerk of the Council Date: , 2008 Date: , 2008 Page 6 of 9 Seller's Initials 25A-9 EXH~r~T xcA» LE~~ I~ESGR~PTiUN {APN i71 ~~}22-11 } THAT CERTAIN PARCEL ©F LAND iN THE CITY fli= SANTA ANA, COUNTY fli= ORANGE, STATE QF GALIi"t7RNIA, BEING A PORTION flF L~7T 31 OF TRACT Nfl. 1457, AS RECCiR©Ep iN BC?flK 53, PAGE ~, QF MISCELLANEC3US MAPS. RECC3RDS OF SAID COUNTY, MC}RE PARTICULARLY pECRIBEp AS F{~LLC311VS: BEGINNINCa AT THE SC?UTHEAST CORNER OF SAIb Lt)T 31; THENCE AL~77NG THE EASTERLY LINE C3F SAiD L{~T 31, NORTH {~°38'43" EAST 9.28 FEET TD THE BEGINNING OF A NUN TANGENT CURVE C{~NCAVE TC3 THE SOUTH AND HAVING A RAp1US flF 45.{}~ FEET, A RADIAL LINE TC3 SAiD Pt71NT BEARS NORTH 29°53'62" EAST THENCE WESTERLY ALONG SAIp Nt~N-TANGENT CURVE TMRCIL~GH A CENTRAL ANGLE C3F 61°46'13", AN ARC LENGTH OF 48.51 FEET TD A REVERSE CURVE CONCAVE TO THE NC3RTHEST AND HAVING A RAI3IUS QF 95.t}I~ FEET, THENCE SOUTHWESTERLY ALdNG SAIp REVERSE CURVE THR£~UGH A CENTRAL ANGLE C?F 1t~°2528", AN ARC LENGTH flF 17.28 FEET Tn THE SUU1'NERLY LINE QF SAiL} LOT 31; THENCE ALaNG SAILS SOUTHERLY LINE, SOUTH 89°18"57" EAST 61.52 FEET TC7 Pt)IIdT Ulr BIrGINNiI~IG. THE ABC3VE pESCR1BEp PARCEL OF LAND CC3NTAINS 653 SQUARE FEET {(}.015Q ACRES), MORE CSR. LESS.. ALL AS SHOWN t)N EXHIBIT "B°, ATTACHED HERETC3 ANt~ MADE A FART THI=RE4F. THIS REAL PRfJPERTY DESCRIPTItJN HAS BEEN PREPAREp BY ME OR UNpER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEY~3R'S ACT. ~/ R CHARp C. MAHER, P.L.S. 75fi4 MATE LICENSE EXPIRES 12-31-0? Page 7 of 9 Seller's Initials 25A-10 EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION i 3 "k `~ _ t atl Y "^ ~ ~ ~~' hAn~9•~rn~ VO' lml ~ ~ ~7 ~~~~~~ Lgh~.J1 R~45.fl0` L1+~61'46~ ~ 3' NO'38'#3"E 9.28 P.L7,.B, o --~---~- ("c-.- ,_ „~.. 589' 18~57"E ,_ T 'L ~1C'H1,~4ND AYE, 4 1 ~~~i ~~Il~it.3(1, ~(~G~ X2541 As~~tn Street, Suits, ~. ~~~~ PLA? AG'CCIh9QA~t3ES ~ LEGAL WR1~TiCIN i.a6t~ ~arest, CA 9263 ~,~~;T7E~; BY E ~i7 llDE? h4Y L?~. „`(~-~, Pnon.: 943-?~$d~?3" fax: 949-78&-3;'31 I3 G~ ~" ~'P'ht C?1C~-O'a~--'11 ~~c~~rz~ c, ~~~~R, ~~.s ,~~4 ~~r~ Page 8 of 9 Seller's Initials jj~ I {} 1~ ,~ [3 S 3 E~tP_ iti~taris~n 25A-11 EXHIBIT "C" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the perfection of title as of the date on which the transferring instruments referred to herein are recorded in the Office of the Orange County Recorder. All prorations made during escrow are to be made on the basis of a 360-day year and a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. Escrow Agent is to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should Escrow Agent, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein and affected hereby, Escrow Agent shall have the right to discontinue any or all further acts on its part until such conflict is resolved to its satisfaction, and Escrow Agent shall have the further right to interplead the escrow to any Superior Court of competent jurisdiction, and to commence or defend any action or proceedings for the determination of such conflict. The Parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by Escrow Agent in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by Escrow Agent. In the event Escrow Agent files a suit in interpleader, it shall ipso facto be fully released and discharged from all obligations imposed upon it in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. Page 9 of 9 Seller's Initials 25A-12 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into this _ day of , 2008, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Sergio H. Esparza and Delia O. Esparza, (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: (hereinafter "Said Real Property") described as follows: SEE EXHIBIT "A" -Legal Description And EXHIBIT "B" -Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as portion of 1306 West Richland Avenue, Santa Ana, CA) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Convevance by Seller. Seller agrees to convey Said Real Property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title, except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to Said Real Property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to Said Real Property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of Said Real Property to City, within the time and at the place hereinabove specified for said conveyance of Said Real Property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of NINETY TWO THOUSAND, SIX HUNDRED SIXTY AND NO/100 DOLLARS ($92,660) insuring City's title to Said Real Property is free and clear of any and all conditions, restrictions, reservations, Page ] of 9 Seller's Initials 25A-13 exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this PSA. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (hereinafter "Escrow Agent") within five (5) days from and after the date on which the City has approved this PSA. This PSA constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this PSA shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow is to close within 120 days after Owner's execution of this PSA. The Escrow Agent hereby is empowered to act under this PSA, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this PSA, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of Said Real Property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "C" of the General Provisions of this PSA. 5. Property Taxes. Such real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on Said Real Property for said fiscal year which have been paid prior to the date the deed conveying Said Real Property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying Said Real Property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, fixtures & equipment (improvements pertaining to the realty), good will (if any), severance damages, and bonus value (if applicable), the total cash sum of NINETY TWO THOUSAND, SIX HUNDRED SIXTY AND NO/100 DOLLARS ($92,660). Page 2 of 9 Seller's Initials 25A-14 City agrees to deposit said purchase price in escrow with the Escrow Agent within Sixty (60) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay said purchase price to Seller only after or concurrent with the satisfaction of the following conditions precedent: (a) Conveyance of Said Real Property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying Said Real Property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Grant Deed conveying Said Real Property to City. (e) Escrow Agent shall not record the Grant Deed until City has deposited with Escrow Agent the Purchase Price in full. 7. Possession. Seller agrees to deliver to City, on the date the Grant Deed conveying Said Real Property to City is recorded, quiet and peaceful possession of Said Real Property. 8. Blank. This section infentional/y left blank. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs. Assigns. Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon Said Real Property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for Said Real Property and severance damages. Page 3 of 9 Seller's Initials 25A-15 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the city of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: 1306 West Richland Avenue Santa Ana, California 92703 15. Exceptions. City agrees to accept title to Said Real Property subject to the following: NONE 16. Agreement. Performance of this Agreement by City shall lay at rest, each, every and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Page 4 of 9 Seller's Initials 25A-16 Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the enforceability of this PSA, and the escrow created hereby, is contingent upon the express acceptance and approval of this PSA by City. The execution of this PSA by City, and the delivery of same to Escrow Agent, shall constitute said acceptance and approval. 21. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 23. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. Page 5 of 9 Seller's Initials 25A-17 26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 28. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. The parties have executed this Agreement as of the date written below. SELLER: By: Date: , 2008 Sergio H. Esparza By: Date: ,2008 Delia O. Esparza APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Date: , 2008 Jose Sandoval Chief Assistant City Attorney CITY /BUYER: CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST: By: Patricia E. Healy Clerk of the Council Date: , 2008 Date: , 2008 Page 6 of 9 Seller's Initials 25A-18 EXHIBIT "A" LEGAL DESCRIF*TtON {APN tI3 t}-Q~-t}9~ THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, Ct~L1NTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTIC3N OF LOT 48 OF TRACT NC3. 1457, AS RECORDED IN BOOK. 53, PAGE OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEt31NNINfi AT THE NORTHEAST CORNER OF SAID LCT 48; THENCE ALONG THE EASTERLY LINE OF SAID LOT 48, SOUTH ~~38'43" WEST 9.25 FEET TO THE BEGINNING OF A NC~N TANGENT CURVE CONCAVE T{~ THE NORTH AND HAVING A RADIUS OF 45.I31~ FEET, A RADIAL LINE TO SAID POIN`f BEARS SOUTH 28°34"51" EAST; THENCE WESTERLY ALONG SAID NON TANGENT CURVE THROUGH A CENTRAL ANGLE OF 61 °5{x'47", AN ARC LENGTH OF 48.57 FEET TO A REVERSE CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 95.OC~ FEET; THENCE NORTHWESTERLY ALONG SAiD REVERSE CURVE THR{JUGH A CENTRAL ANGLE OF 1{I°25'28", AN ARC LENGTH OI` 17.28 FEET TO THE NORTHERLY LINE OF SAID LOT 48; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°18'x7" EAST fi1.a6 FEET TC~ PtIINT C1F BEGINMiMG, THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 853 SQUARE FEET ~t}.I3156 ACRES), MORE OR LESS, ALL AS SHOWN CEN EXHIBIT "B", ATTACHED HERETO AND MADE A PART THERIEOI=, THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNpER MY DIRECTION IN Ct3NFORMANCE WITH THE PRC}FESSIONAL LAND SURVEYOR'S ACT. CHAR C. MAHER, P.L.S. 7564 DATE LICENSE EXPIRES 1231-t17` Page 7 of 9 Seller's Initials 25A-19 ~~~~~~ ~~ P.L7.~~ ~ ~ i ~r+^ ry ' {w`'¢~'Usiw11~ ~ t a~'l~B~~~J1J'~O^i ~ ~~."ai IM~~ f~Gi7t t R=95.OC3' 1a=10'25'28" i~ { ~~'tNA {(j ~3 s~~ Asbpn ~~:_ s~,~~. ~ ;.aka rarest "A .0~4 THIS ~~ kT ASuC}MPA~iIES A :.~uA s;£SGRI?T3~N 1J~2T?;:N I3`° M` R UNI3~R h!?' ~I~t~TION, "€~ane. 8~9 -'66- ~' 3 3 ^~xc 94£-7~8-371 ~~ ~~ ,M~'N C'~1E`i-O`er ~;I~:~~~I ~. ~~~~~> ~~s ~~s~ ~~T Page 8 of 9 '~L~ I~ 7 ~ ~iri jff ptP, tt/~tt,ror N~. ?~~~ , Seller's Initials 25A-20 r~r +~ ~t ~iAi11D~ ctBf~ ~~t 1 V ~~L~~~~ ~t7!'1L ~~it7~~~1y EXHIBIT "C" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the perfection of title as of the date on which the transferring instruments referred to herein are recorded in the Office of the Orange County Recorder. All prorations made during escrow are to be made on the basis of a 360-day year and a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. Escrow Agent is to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should Escrow Agent, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein and affected hereby, Escrow Agent shall have the right to discontinue any or all further acts on its part until such conflict is resolved to its satisfaction, and Escrow Agent shall have the further right to interplead the escrow to any Superior Court of competent jurisdiction, and to commence or defend any action or proceedings for the determination of such conflict. The Parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by Escrow Agent in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by Escrow Agent. In the event Escrow Agent files a suit in interpleader, it shall ipso facto be fully released and discharged from all obligations imposed upon it in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. Page 9 of 9 Seller's Initials 25A-21 25A-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: AGREEMENT WITH REDLANDS SOFTWARE FOR GIS PROGRAMMING AND CONSULTING SERVICES CITY RECOMMENDED ACTION Authorize the City Manager and the Clerk of attached agreement with Redlands Software Information System programming and technical Agency for an amount not-to-exceed $141,600 changes approved by the City Manager and City DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER the Council to execute the Inc. to provide Geographic services to the Public Works subject to non-substantive Attorney. The Public Works Agency continues to expand the Geographic Information System and is working on projects for agencies throughout the City. Programming and technical services are needed to assist with the implementation of these projects. The work to be done includes assisting staff with project design and set-up, programming and technical database support. Several years ago staff solicited proposals for these services from qualified firms. Redlands Software was selected based on their qualifications, past experience and capacity to perform the required work and an agreement was approved. Redlands has performed well and at this time it is recommended that a new agreement with Redlands Software Inc. be awarded for a not-to-exceed cost of $141,600. FISCAL IMPACT The proposed agreement will have a limit of $141,600. Funds to pay for these services are available and budgeted in the Public Works Administration account for contractual services (account no. 101-601- 6291) . Jam s G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Managemer~-Services Agency 25B-1 f// CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 2°d day of September, 2008 by and between Redlands Software Inc., a California Corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RF,CiTA~.S A. The City desires to retain a consultant having special skill and knowledge in the field of Geographic Information System programming and technical 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: SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. Consultant shall work at the direction of GIS Administrator and/or Administrative and Enterprise Services Manager of City of Santa Ana Public Works Agency. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The sum to be expended under this Agreement shall not exceed $11,800.00 in any month. The total sum to be expended pursuant to this Agreement shall not exceed $141,600.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below. 1 25B-2 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 anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 2 25B-3 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, 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. 7. 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 3 25B-4 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. 8. 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile 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 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5654 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 4 25B-5 To Consultant: Redlands Software Inc. 2656 Redlands Drive Costa Mesa, CA 92627 Attn: Richard McFarland A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of 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. 12. TERMINATION This Agreement maybe 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: 5 25B-6 a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited bylaw, 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. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 6 25B-7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager REDLANDS SOFTWARE, INC. RICHARD MCFARLAND President Tax ID # 33-0676216 25B-8 EXHIBIT A SCOPE OF SERVICES SAGIS Viewer Development The SAGIS Viewer web application is a vital element of the City's Geographic Information System which currently serves map and property information to all city employees with access to a computer and network connection. The SAGIS Viewer is now operating using GeoMedia WebMap version 5.2. The next version of the software, version 6.1 will enhance its support of .NET web services, Scalable Vector Graphics, AJAX Web environment, and Silverlight rich Internet interfaces, which provides improved map presentation and simpler user interfaces. Redlands Software will provide programming and website application development services to continue the transition of the existing SAGIS Viewer code base to utilize these new capabilities, as well as any new features deemed necessary in future versions of the software, in order to expand the functionality of the viewer. This includes the development of tools or custom applications that will allow the City to easily modify the content of the SAGIS Viewer and all accompanying documentation. Oracle Migration Redlands Software will provide support for migrating our existing GIS data and any new Orange County landbase deliveries to the Oracle Object Model to ensure compatibility with current and future releases of the Intergraph GeoMedia software suite. This includes developing tools to import new data as delivered by Digital Map Products, any database schema, user or views related development and full documentation of all tools, scripts, procedures and schemas. This includes developing tools to import new data as delivered by Digital Map Products, any database schema, user or views related development and full documentation of all tools, scripts, procedures and schemas. GIS Strategic Plan Implementation The Public Works Agency has a Geographic Information System Strategic Plan. Redlands Software will provide application development services and general technical assistance to implement the recommendations specified in the updated Strategic Plan. Geographic Information System Support In addition to the specific projects mentioned previously, Redlands Software will provide general technical assistance and programming support for all aspects of the Public Works Agency GIS. This includes supporting the existing agency GIS applications that were originally created by Redlands Software and creating new applications as required. 8 25B-9 FEE SCHEDULE CONSULTANT GIS Consultant Principal GIS Analyst GIS Analyst GIS Technician Direct Charges Indirect Charges or Overhead Materials or Supplies Other HOURLY RATE $100.00 $100.00 $45.00 $25.00 NA NA NA NA 9 25B-10 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 10 25B-11 25B-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE COOPERATIVE AGREEMENT WITH OCTA TO CONDUCT DETAILED PLANNING AND ENVIRONMENTAL STUDIES TO CONSTRUCT AND OPERATE A FIXED GUIDEWAY SY~TEM ; " ~ ,, 7 ^ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached cooperative agreement with the Orange County Transportation Authority (OCTA) subject to non-substantive changes approved by the City Manager and City Attorney to conduct detailed planning and environmental studies to construct and operate a fixed guideway system linking the Santa Ana Regional Transportation Center (SARTC) to Harbor Boulevard in the City of Garden Grove, which includes the use of the Pacific Electric Right-of-Way (PE ROW). DISCUSSION Orange County's Measure M provides a long-term funding source to address transportation deficiencies and improve transportation throughout Orange County. Measure M funds will provide funding for the Orange County Transportation Authority (OCTA} to increase service on the existing Metrolink commuter rail line in Orange County, between the Laguna Niguel/Mission Viejo and Fullerton Stations to every 30 minutes in 2010 by making Metrolink more convenient and accessible to users. To extend Metrolink's reach, support expanded service, and promote ridership, OCTA has developed the Go Local Program to encourage Orange County Cities to develop concepts to improve access to Metrolink Stations. City staff retained the consulting firms of Parsons Brinckerhoff (PB) and Cordova Corporation to assist us with a grant application and to conduct preplanning Metrolink feeder studies to complete the Go Local Program Step 1 requirements. As a result of the Step 1 analysis, the Cities of Santa Ana and Garden Grove have developed a vision for transit, improved highway access, and economic development in the two 25C-1 Cooperative Agreement For Fixed Guideway September 2, 2008 Page 3 FISCAL IMPACT Funds are available for Santa Ana's share in the amount $50,000 in project no. 06-2502 (account no. 32-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: \ ~ ~ ~ n R ~ I '~ /~~ James G. Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25C-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-8-XX)(X BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR CITY OF SANTA ANA FIXED GUIDEWAY PROJECT THIS AGREEMENT, is made and entered into this day of 2008, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), and the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, a municipal corporation {hereinafter referred to as "CITY") RECITALS: WHEREAS, the City of Santa Ana Fixed Guideway project (hereinafter, "SANTA ANA GUIDEWAY") proposes to construct and operate a fixed guideway system linking the Santa Ana Regional Transportation Center to Harbor Boulevard in the City of Garden Grove which includes the use of the Pacific Electric Right-of-Way; and WHEREAS, the SANTA ANA GUIDEWAY was approved in concept by the Santa Ana City Council on March 3, 2008 as a fixed guideway system; and WHEREAS, necessary,steps in securing federal and state funding for the SANTA ANA GUIDEWAY would include meeting environmental compliance through the National Environmental Policy Act (hereinafter, "NEPA") and the California Environmental Quality Action (hereinafter, "CEQA"); and WHEREAS, the CITY and the AUTHORITY have agreed that an Alternatives Analysis shall be prepared for the SANTA ANA GUIDEWAY; and Page 1 of 10 25C-3 AGREEMENT NO. C-8-X~CX 1 WHEREAS, the Alternatives Analysis, NEPA compliance, CEQA compliance, and 2 associated detailed planning, project management and conceptual engineering for the SANTA 3 ANA GUIDEWAY shall be referred to as PROJECT for the purposes of this Cooperative 4 Agreement; and 5 WHEREAS, this Cooperative Agreement (hereinafter, "AGREEMENT") defines the 6 specific terms, conditions, and roles and responsibilities between the AUTHORITY and CITY 7 for completion of the PROJECT; and $ WHEREAS, the AUTHORITY and CITY estimate the PROJECT shall cost up to Six 9 Million ($6,000,000) for Alternatives Analysis and NEPA and CEQA environmental compliance 10 including associated detailed planning and conceptual engineering; and 11 WHEREAS, for purposes of this AGREEMENT, Alternatives Analysis shall be defined, 12 consistent with the guidelines adopted by the Federal Transit Administration, as the local forum 13 for evaluating the costs, benefits, and impacts of a range of transportation alternatives 14 designed to address mobility problems and other locally-identified objectives in a defined 1.5 transportation corridor, and for determining which particular investment strategy should be 16 advanced for more focused study and development; and 17 WHEREAS, the AUTHORITY's Board of Directors on May 12, 2008 authorized funding 18 from the Go Local program in an amount not to exceed Five Million, Nine Hundred Thousand 19 Dollars ($5;900,000) to be matched by One Hundred Thousand Dollars ($100,000) of CITY 2D funds for the PROJECT; and 21 WHEREAS, the AUTHORITY will reimburse the CITY for actual costs of the 22 PROJECT consistent with AUTHORITY approval of the following milestones: (hereinafter, 23 "PROJECT MILESTONES") completion of the Alternatives Analysis, including technical 24 studies, approval and adoption of the Locally Preferred Alternative by CITY Council, and 25 completion of draft environmental documents; and (The WHEREAS clauses are not legally 26 binding, just provide a general overview of agreement- changes regarding monthly progress Page 2 of 10 25C-4 AGREEMENT NO. C-8-X)UCX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 pay not needed as the issue is addressed as part of the legally-binding responsibilities of Authority. ) NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: ARTICLE 1. COMPLETE AGREEMENT AGREEMENT, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions of the Agreement between AUTHORITY and CITY concerning the PROJECT and supersedes all prior representations, understandings, and communications between the parties. The above-referenced Recitals are true and correct and are incorporated by reference herein. ARTICLE 2. RESPONSIBILITES OF AUTHORITY AUTHORITY agrees to the following responsibilities for the PROJECT: A. To approve scope, schedule and budget proposed by CITY for each PROJECT MILESTUNE within 30 days by AUTHORITY staff. B. To reimburse CITY monthly up to an amount not-to-exceed Five Million, Nine Hundred Thousand Dollars ($5,900,000) for actual eligible costs for the PROJECT consistent with PROJECT MILESTONE approval. C. To approve ..each PROJECT MILESTONE prior to CITY's advancement to subsequent PROJECT MILESTONE. Approval will be subject to action by AUTHORITY Board of Directors and is anticipated to require 30-60 days. Upon CITY's completion of PROJECT, evaluate the Alternatives Analysis, including technical studies, and draft EIR/EA in anticipation of CITY's request for advancement into Step Three of the Go Local Program. D. To reimburse for actual eligible costs upon AUTHORITY approval of PROJECT MILESTONES including consultant contracts and project management oversight (including consultant contracts and/or CITY staff)up to 15 percent of actual expenditures Page 3 of 10 25C-5 AGREEMENT NO. C-8-X~CX 1 E. To participate in PROJECT team meetings and review and comment on 2 Alternatives Analysis, environmental documents, and detailed planning and conceptual 3 engineering prepared by CITY within two weeks of receiving such documents. 4 F. To pay CITY in a timely manner upon receipt of an acceptable invoice for costs 5 for the PROJECT. 6 G. To work cooperatively with CITY to amend both the Regional Transportation 7 Plan and the Regional Transportation Improvement Program as required for the PROJECT. $ H. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, 9 directors, employees, and agents from and against any and all claims (including attorney's 10 fees and reasonable expenses for litigation or settlement} for any loss or damages, bodily 11 injuries, including death, damage to or loss of use of property caused by the negligent acts, 12 omissions, or willful misconduct by AUTHORITY, its officers, directors, employees, or agents in 13 connection with or arising out of the performance of this Agreement. 14 ARTICLE 3. AUDIT AND INSPECTION 1 ~ CITY shall maintain a complete set of records in accordance with generally accepted 16 accounting principles and in accordance with Lora{ Transportation Ordinance Number 2: The 17 Revised Traffic Improvement and Growth Management Ordinance. The original records shall 18 be maintained within the CITY limits. Upon reasonable notice, CITY shall permit the 19 authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, 20 books, accounts and other data and records of CITY for a period of not less than four (4) years 21 after final payment, or until any on-going audit is completed whichever is longer. For purposes 22 of audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment 23 for CITY's final billing (so noted on the invoice) under this Agreement. AUTHORITY shall also 24 have the right to reproduce any documents related to this Agreement by whatever means 25 necessary. 26 ARTICLE 4. RESPONSIBILITIES OF CITY Page 4 of 10 25C-6 AGREEMENT NO. C-8-XXXX 1 CITY agrees to the following responsibilities for the PROJECT: 2 A. To act as the lead agency for the PROJECT and to ensure compliance with all 3 terms and conditions set forth in any applicable policies including, but not limited to, the 4 Alternatives Analysis, the National Environmental Protection Act (NEPA), and the State of 5 California Environmental Quality Act (CEQA), including associated detailed planning and 6 conceptual engineering. 7 B. To provide eligible local matching funds of One Hundred Thousand Dollars 8 ($100,000) for the PROJECT to be expended in advance of AUTHORTY reimbursement, and 9 to provide all the additional local funds if the total PROJECT costs exceed Six Million Dollars 10 ($6,000,000). 11 C. To act as lead agency to secure consultant services to prepare the PROJECT. 12 D. To be responsible for the review and oversight of all third party preparation and 13 submission of documents related to the PROJECT. 14 E. To evaluate a minimum of four alternatives for the PROJECT including a bus 15 ~ only system operated in a dedicated transit lane, a rail only system operated in a dedicated 16 transit lane, a bus only system operated in general purpose lanes and a rail system operated 17 in general purpose lanes consistent with AUTHORITY-approved Go Local Program criteria. 18 r. To obtain all required reviews, clearances, permits, licenses, and approvals from 19 all applicable agencies for the PROJECT. 20 G. To consider potential requirements imposed by the Public Utilities Commission in 21 PROJECT development. 22 H. To provide monthly updates to the AUTHORITY on status of PROJECT 23 development, including project overview, detailed planning, alternatives analysis, 24 environmental analysis, public outreach, schedule and anticipated activities for the following 25 month. Report must be submitted within thirty (30) days of end of month in a format approved 26 by the AUTHORITY. Page 5 of 10 25C-7 AGREEMENT NO. C-8-X~CX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I. To conduct regular PROJECT development team meetings and notify OCTA of such meetings. J. To submit PROJECT MILESTONES to AUTHORITY for approval to advance into subsequent PROJECT MILESTONE. K. To submit to AUTHORITY for approval PROJECT MILESTONE scope, schedule and budget. L. To cooperate fully with AUTHORITY staff and its representatives during the PROJECT. M. Invoices for all work performed on PROJECT shall be submitted by CITY on a monthly basis and shall be submitted in duplicate to AUTHORITY's Accounts Payable department. Each CITY invoice shall include the following information: 1. Agreement Number C- ; 2. The time period covered by the invoice; . 3. Monthly irogress Report, which includes a detailed description of the progress of the PROJECT; 4. Total monthly invoice amount; and 5. Such other information as requested by AUTHORITY. N. If CITY contracts for consultant services to perform any or all portion of PROJECT then CITY shall be responsible for payment to consultant for services rendered and then seek reimbursement from AUTHORITY as part of this AGREEMENT. CITY shall be responsible for reviewing consultant's invoice for accuracy, terms, and completeness. O. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees, and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of use of property caused by the negligent acts, Page 6 of 10 25C-8 AGREEMENT NO. C-8-X~CX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 omissions, or willful misconduct by CITY, its officers, directors, employees, or agents in connection with or arising out of the performance of this Agreement. ARTICLE 6. IT IS MUTUALLY UNDERSTOOD AND AGREED: All parties agree to the following mutual responsibilities regarding PROJECT: A. This Agreement shall continue in full force and effect through acceptance of final Alternatives Analysis, and draft final NEPA, and CEQA documents, including associated detailed planning and conceptual engineering of PROJECT by AUTHORITY or 24 months from the effective date of this Agreement, whichever is sooner. This Agreement may only be extended upon written mutual agreement by both parties. B. This Agreement may be terminated by giving either party 30 days written notice. This Agreement shall not be terminated without mutual agreement of both parties. C. This Agreement may be amended in writing at any time by the mutual consent of both parties. No amendment shall have any force or effect unless executed in writing by both parties. D. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the- parties hereto are formally bound to the provisions of this Agreement. E. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered, or certified mail and addressed as follows: To CITY: To AUTHORITY: Executive Director Public Works Agency Orange County Transportation Authority Page 7 of 10 25C-9 AGREEMENT NO. C-8-XXXX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702-1988 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Attention: James G. Ross Attention: F. The headings of all sections of this Agreement are inserted solely for the convenience of reference and are not part of and not intended to govern, limit, or aid in the construction or interpretation of any terms or provision thereof. G. The provision of this Agreement shall bind and inure to the benefit of each of the parties hereto and all successors or assigns of the parties hereto. E~. If any term, provision, covenant, or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. I. This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. J. Neither this Agreement, nor any of a Party's rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any Page 8 of 10 25C-10 AGREEMENT NO. C-8-X~CX subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. K. Either party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented. from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood, acts of God, commandeering of material, products, plants or facilities by the federal, state or local government, national fuel shortage, or a material act or omission by the other party, when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond 'the control and is not due to the fault or negligence of the party not performing. This Agreement shall be made effective upon execution by both parties. /IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. G8-X)OCX to be executed on the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: gy: DAVID N. REAM City Manager ATTEST: sy: _ PATRICIA E. HEALYCIerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney Arthur T. Leahy Chief Executive Officer APPROVED AS TO FORM. By: Kennard R. Smart, Jr. General Counsel APPROVAL RECOMMENDED: By: Kia MortazaviExecutive Director Page 9 of 10 25C-11 AGREEMENT NO. C-8-XXXX By: Dated: Lisa E. Storck Assistant City Attorney Dated: Page 10 of 10 25C-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: AGREEMENT WITH EDWARD R. AGHJAYAN FOR ENERGY CONSIILTING SERVICES CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For / CONTINUED TO ,_/`'~ FILE NUMBER (~ C1 MANAGER RECOMMENDED ACTION ,~ Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Edward K. Aghjayan in an amount not to exceed $75,000 for energy consulting services subject to non-substantive changes approved by the City Manager and City Attorney. DlscUSSION There are a number of opportunities for energy efficiency programs available through Southern California Edison and through the State of California. To take advantage of the available programs, staff is proposing to contract with Edward K. Aghjayan, a consultant with experience in managing multiple energy programs, to assist in evaluating and implementing various energy efficiency programs. The City is currently part of an energy efficiency partnership with Southern California Edison that is expected to continue through 2011. In addition the City will be developing a strategic energy and climate protection plan and is currently evaluating community aggregation alternatives now possible through a change in state law. Staff recommends the proposed agreement with Mr. Aghjayan to assist staff in developing and implementing these programs. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Public Works Administration activity for contractual services (account no. 101-601-6291). APPROVED AS TO FUNDS AND ACCOUNTS: c ., Names G. Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25D-1 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 2"d day of September, 2009 by and between Edward K. Aghjayan (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of electrical utilities and 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 SERVICES Consultant shall assist in the development of a strategic energy and climate protection plan, assist with the design and implementation of energy efficiency programs, and assist with the evaluation of community aggregation options available to the City. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City any and all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to any copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for himself and his affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 25D-2 Any publications (including books, brochures, films, videotapes and other materials designed for public distribution) resulting from the project shall contain the following statement: "The activity which is the subject of this report has been financed in part with City funds. However, the contents and opinions do not necessarily reflect the views or policies of the City, nor does mention of trade names or commercial products constitute endorsement or recommendation by the City." 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, at the hourly rate of $180.00. The total sum to be expended under this Agreement shall not exceed $75,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 11, below. In an effort to provide continuous, uninterrupted service, Consultant's services provided since July 1, 2008 shall be included within the Scope of Services of this Agreement. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential andlor 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 25D-3 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. 7. 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. S. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5654 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-651.5 Tv Consultant: Edward K. Aghjayan 19532 Ranch Lane #102 Huntington Beach. CA 92648 25D-4 telefacsimile (714) 960-5089 A parry may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 9. 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 10. 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. 11. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 4 25D-5 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. 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. 14. LIMITATION OF LIABILITY Neither party shall be liable to the other, whether in contract or in tort (including negligence, strict liability, or otherwise) for any consequential damages resulting from the performance or nonperformance of its obligations under the Agreement, or from termination of the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager CONSULTANT EDWARD K. AGHJAYAN Tax ID# 25D-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: AGREEMENT FOR POLICE SERVICE DOG TRAINING SERVICES WITH ADLERHORST INTERNATIONAL, INC. CI MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepar Clerk of the Council to execute an Inc. to provide police service do not to exceed $50,000. e and authorize the City Manager and the agreement with Adlerhorst International, g training services in an annual amount DISCUSSION Adlerhorst International, Inc. has been the City's exclusive provider and trainer of police service dogs since 1982. Adlerhorst International, Inc. is a nationally recognized company known for its experience and expertise in the selection, testing, and training of police service dogs. The Police Department currently has six police service dogs that were purchased from and trained by Adlerhorst. Staff recommends the execution of this agreement for consistency and efficiency in the operations of the canine unit. FISCAL IMPACT Funds are available in the Police Department's Animal Services fund account (no. 011-339-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ~~ Paul M. Walters Chief of Police Police Department Francisco Gutierrez /2,~ Executive Director Finance & Mgmt. Services Agency 25E-1 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of September, 2008 by and between ADLERHORST INTERNATIONAL, INC., a California corporation, (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of police service dog training 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: SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $50,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to 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 October 1, 2008 and terminate on September 30, 2009, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Chief of Police and the City Attorney. 25E-2 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25E-3 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, 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. 7. 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. 25E-4 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. 8. 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile 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 telefacsimile (714) 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 245-8001 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-651 S To Consultant: Adlerhorst International Inc. 3951 Vernon Avenue Riverside, Calif. 92509 Attn: David Reaver 4 25E-5 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any parry, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 25E-6 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, m 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. // // // // 25E-7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: - Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ADLERHORST INTERNATIONAL, INC. ~~ s !/ L VID AVER (Title) ~ S Tye ~~ Tax ID # 33---~~~ ~.~~~ 25E-8 EXHIBIT A SCOPE OF SERVICES Adlerhorst International agrees to provide police dog training services for the City's canine unit at the request of the Santa Ana Police Department. Said services shall include the following: • A minimum of one eight-hour training block, per team, per month, with additional sessions available as requested or needed at no additional charge. If SAPD determines said training is not necessary, it will notify Consultant prior to any scheduled training session and Consultant will not be compensated for said session. Training to be conducted at Adlerhorst International, Inc. in Riverside, California, unless mutually agreed arrangement is made 72 hours in advance of the session. Invoicing for said training will be based on training actually provided, including the number of teams present at each session. Consultant shall not invoice in advance of training sessions. • Written evaluation submitted to the K9 supervisor for each session, based on Consultant's comprehensive qualification requirements. • Agitator training sessions for interested police department personnel, as needed. • Certificates issued. • Unlimited court appearances. Certified court expert testimony in the use and deployment of police service dogs (City pays travel and related expenses only). • Ride-along and one-on-one sessions as required. • Training for local and international police dog competitions as requested. • Assist in public relations demonstrations in the City. • Availability of preparation for yearly certification (California State certified P.O.S.T. Canine Handler Update and Narcotics Dog Update courses). • Participation in new handler selection as requested. • All instructors P.O.S.T. approved for K9 evaluation. The goals of the parties under this Agreement are as follows: • Reduce liability by elevating the proficiency of the teams and documenting all training. • Educate and train interested officers to assist more safely and intelligently in local training sessions. • Ensure the team is attaining its full potential, including cross-training detection dogs. 8 25E-9 COMPENSATION 1. Monthly Training (6) teams @ $1,600.00 per team .................. $ 9,600.00 2. PSD Replacement and/or Expansion (2) @ $9,600.00 each........ .19,200.00 3. Narcotic Training (2) @ $4,200.00 each ............................... 8,400.00 4. Basic Handlers Course (up to 2) @ $4,200.00 each ................. . 8,400.00 5. Tracking Course (up to 2) @ $750.00 each ........................... . 1,500.00 6. Agitators Seminars (up to 4) @ $150.00 .............................. . 600.00 7. Misc. Training Equipment as required ................................. 3,050.00 (prices listed in Attachment 1) TOTAL $50,000.00 25E-10 FF97(~1 UJU(°l I S I N'~ . F'HCINE N0. g51685~7665 Fug. 11 ?6L~o L1?:34PM P2 DATE ACOR®TM CERTIFIGA7E OF LIABfLITY fNS~Ji~ANGE o~;n I~z~x)s PRDDUCeR Loomis lnsuranCC Scn:ic;cs THIS CERTIFICATE IS ISSUED AS A MATT!'R OF WFORfNATION ONLY AND CONFERS NO RIGHTS UPON THE CERTtFfGATE ?±17~ LittlOtlilC .Avc., $tc Q HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR p.()- ~q~ ; I ~~ ALTER THE COVERAGE AFFORDED BY THE POLICIES f~ELOw_ Riv~rci~Ie ~'q 91j I'.J ! IN5U12ERS AFFORDING COVERAGE - _ _. '` AdleStarst International. Izlc, Ir1~uRER A: Nozt~ekd Insurance, C'onlpauy 3951 VCnipn Avenue !NSLIRER e: Itiversidc ~`A ~7 ~U9 INSURER C. IN~RER D INSII r+nvconrc~ rvu~.~co yr u~Llrtw~c,t Lt51 kU k{tLOW 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 rq WWICW THIS CERTIFICATE Y MA BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUH.IECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH , POLICIES. AGGREGATE LIMITS SWOWN MAY WAVE SEEN REDUCEq $Y PA(p CI.AtM$, TYPE OF INSURANCE POLICY NUMBER ~-~ EFFECTIVE POLICY EXPIRATION l LIM175 OE X NERALUA841TY CPSG1035 08/08/2008 08/08/2009 ~EACrloccuRRt'IVCE s 1000000 _ _GQMMERCIAL QENERAL LIABILITY OLAIMS MADE ~ OCCUR RRE DAMAGE LA^Y«?S..firo),.• b. __ 100000 _ MAD EXP An one ern _ SQQQ PERSONAL d,ADVINJURY S 1000000 G>N~RAL AGGREGATE S 2000000 GEN'L AGGREGATE LIMIT AFPI_!g$ FERN ZOOOOOU pRa ~ PMIUCTS • COMFICW AGG - -~ ----..__.,........._._-. POLICY LOC 'I AUT OMOBILE LIABILITY i ANY AUTp ~ C,OMBINEO SINr3LE UM17 5 (ES secidrnt) ALL OWNED AUTOS ~ ~~^~~ ~-•'~~~ SCHEDULED AUTOS li001LY fNJURY [Per prr,.On) $ HIRtwO AUTOS' NOrJAWN6D AUTOS BODILY 4NJURY (Per accident) S ( PROPERTY pAMAGE s I {,4er scGtlenq OAR AOlr LIABILITY AUTO ONLY - EA ACCIDENT S ANY AU70 OTHER THAN ..~ ACC $ AUTO ONLY. AG> $ EXCESS LIABILITY £ACH OCCURRENCE 5 OCCUR ~ CLAIMS MADE AGGREGATE 5 T nEnUC.TiFu,F _.. .. . --... - .........: ... . . .. . , . ~ 5 RETENTION . . . ..... . __. _ ..._._,_._.._--_-. S WORKERS COMPENSATK)N AND WC STATU- 6TH. EMPLOYERS' LIABILITY E.L. EACH ACCDENT S E.L. DISEASE-ER EMPLO'YE .+~..`...~.,.,......-_.......__.._....,_. E.L. QISEASE -POLICY LIMIT OTHER I +I 1 OESCRIPT[ON OF OPERATIONS/I.OCATIONS/VEHICLE3/EXCLUStONS ADDED 6Y ENDORSEMEN775PECIAL PROVIC>IO{J5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEKORE THE EXPIRATION S.1RL3 Awa PUlica I~apartlrlerK DATE THEREOF, THE lSSUttJG INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Fiscal D~~pL Division NI-97 NOTK:£ TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT i=AILURE" TO DO Sn SHALL P.O. ROY 19$8 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE IN5UR£R, 1T5 Apt:NTS OR `ants Amr REPRESENTATIVES. CA 927f12 AUTI IoRixrn RcrR[ceeaT~TtV[ .-, ., - A('-t'1Fifl 7S C 77AHI 'I OAA 25E-11 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company ~Dh-' i ~-}-~ I C~ 1J 1.~~ S This endorsement modifies such insurance as is afforded by the provisions of Policy # C ('.~j f,~;- J ~ ~~ relating to the following: I . The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective l ~ ,Q l~ ~= C> ,`~ ,this endorsement form as a part of Policy # r~' 1' ~~(Ci I C3 z~j Issued to _ !~4D~.~r rfL (Z=; i 1 ~~ 1 1,L~ Named Insured Countersigned by thorized Representative ]0 25E-12 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company ~~€; i ~-~ 1 C-L- ~ 1 ~ S This endorsement modifies such insurance as is afforded by the provisions of Policy # C ~~ (L; 1(7 ~,>r-' relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the Ciry of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective I ~ ,Q ll G: C - ~~ ,this endorsement form as a part of Policy # ~~' 1''~~(r~ /C~ `x ~ Issued to G Named Insured Countersigned by thorized Representative l0 25E-13 25E-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 2, 2008 TITLE: AMENDMENT FOR NEWPORT WATERSHED COOPERATIVE AGREEMRNT WITH COUNTY OF ORANGE CITY APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER C~~l'i l -~i l ~ Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the cooperative agreement with the County of Orange to extend the term of the agreement to 2010 and authorize an annual payment amount of not to exceed $400,000. DISCUSSION On June 16, 2003 the City Council approved a cooperative agreement with the County of Orange for administration of the funding for the Newport Watershed studies. The agreement expired July 1, 2008. In order to continue with this mandated program, an amendment is necessary to extend the term of the agreement for two years, to 2010 and to authorize payments to the County of Orange for the City's share of the cost. The County of Orange will remain the lead agency and will be the main interface with the Santa Ana Regional Board on any related issues. ENVIRONMENTAL IMPACT In Accordance with California Environmental Quality Act, the proposed request is not considered a project. No further action is required. 25F-1 Amendment for Newport Watershed Cooperative Agreement September 2, 2008 Page 2 FISCAL IMPACT Funds are budgeted in the Federal Clean Water Protection Fund (account no. 57-635-6291}. ~a James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: - ~, Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~~ `, , 25F-2 Amendment No. 2 to Agreement No.D99-12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT N0. 2 AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL) STUDIES IN THE NEWPORT BAY WATERSHED THIS AMENDMENT, for purposes of identification numbered Amendment No. 2 tc Agreement No. D99-128, is made and entered into this day of 2008, by and between the County of Orange ("COUNTY"), the Orange County Flood Control District ("DISTRICT"), the City of Costa Mesa ("COSTA MESA"), the City of Irvine ("IRVINE"), the City of Laguna Hills ("LACUNA HILLS"), the City of Laguna Woods ("LACUNA WOODS"), the City of Lake Forest ("LAKE FOREST"), the City of Newport Beach ("NEWPORT BEACH"), the City of Orange ("ORANGE"), the City of Santa Ana ("SANTA ANA"), the City of Tustin ("TUSTIN"), the Irvine Ranch Water District ("IRWD"), The Irvine Company ("TIC"), the California Department of Transportation ("CALTRANS"), Tustin Legacy Community Partners ("TLCP"), Lennar Homes of California, Inc.("LENNAR"), and Orange County Great Park Corporation ("CPC"). The seventeen entities are hereinafter sometimes jointly referred to as the "PARTIES" and individually as "PARTY". The cities are hereinafter sometimes jointly referred to as the "CITIES". Thirteen entities (all entities except for CALTRANS, TLCP, LENNAR, and CPC) are sometimes jointly referred to as the ~"ORIGINAL PARTIES." WHEREAS, the ORIGINAL PARTIES entered into Agreement No. D99-128 on September 18, 2003, referred to hereinafter as "AGREEMENT", to provide funding for the Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) studies in the Newport Bay Watershed; and, WHEREAS, the PARTIES approved Amendment 1 to Agreement No. D99-128 on Julyl I5, 2006, which amended Section 3 (Funding), Section 4 (Program Budgets and Costs), Section 5 (Payments), Section 10 (No Third Party Beneficiaries), Section 16 (Notices), Exhibit A, and Exhibit C of the AGREEMENT in their entirety and added CALTRANS, TLCP, (LENNAR, and GPC as AGREEMENT participants; and, WHEREAS, according to Section 6 of the AGREEMENT, the AGREEMENT may be amended in writing only with the unanimous written approval of the PARTIES; and, 25F-31 Amendment No. 2 to Agreement No.D99-12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the PARTIES desire to extend the term of the AGREEMENT for two (2) years to be consistent with the end of the current phase of the Nitrogen and Selenium Management Program and to recognize prior payments for services made directly by CALTRANS and IRWD, for work plan development and Bay algae studies respectively, as credits in the 2008-09 program budget. NOW, THEREFORE, in consideration of the foregoing, it is agreed by and between the PARTIES hereto that the AGREEMENT shall be amended as follows: Section 1. Each and all of the provisions of the AGREEMENT remains in full force and effect, except that all references to Resources and Development Management Department or RDMD shall be amended to OC Public Works and Section 2 and Section 4 are amended in their entirety, as follows: Section 2. Section 2 of the AGREEMENT, entitled "TERM", shall be amended to read in full as follows: The term of this AGREEMENT is extended for a two-year period, commencing on July 1, 2008 and continuing to and including June 30, 2010, unless sooner terminated as provided in Section 8. Section 4. Section 4 of the AGREEMENT, entitled "PROGRAM BUDGET AND COSTS" (shall be amended to read in full as follows: The COUNTY shall submit a scope of work and a budget for the following fiscal year to each of the PARTIES by February 15 of each year. The budget shall contain an explanation of any recommended program changes, an estimate of all planned expenditures and an estimate of the payment required from each PARTY for the following fiscal year. For the State of California budgeting requirements, CALTRANS' contribution shall not exceed $150,000 or five percent (5.0%) of the total budget costs, whichever is less, for each fiscal year during the term of the AGREEMENT. If CALTRANS contribution would be greater than $150,000 for a given fiscal year, the amount over $150,000 ("EXCESS AMOUNT") shall be cost-shared as described in Section 2 of AMENDMENT 1, with the exception that for such (EXCESS AMOUNT, the ORIGINAL COST ALLOCATION shall be ninety-three percent (930) and (CALTRANS contribution shall be zero percent (00). The PARTIES shall be permitted to review and approve the program scope of work and budget for the forthcoming year. Criteria for approval shall be affirmative 25F-42 Amendment No. 2 to Agreement No.D99-12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 written responses from all of the PARTIES. The COUNTY and DISTRICT will constitute one approving PARTY. The tasks and expenditures for each fiscal year will be presented and calculated as shown in Exhibit C, which is attached hereto and made a part hereof. All tasks and expenditures will be updated each fiscal year as part of the budget approval process. Therefore, Exhibit C as attached is a form to be completed every year. The COUNTY shall be entitled to charge to the program all costs for direct labor, materials, equipment and outside contract services for costs associated with carrying out the approved scope of work. Recoverable costs will also include an overhead charge calculated by the County Auditor-Controller which includes OC Public Works overhead and County-wide cost allocation plan. CALTRANS and IRWD will receive credits of $75,000 and $6,932.88 respectively in the fiscal year 2008-09 program budget for prior payments for services related to the AGREEMENT. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year first above written: 25F-53 Amendment No. 2 to Agreement No.D99-12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Date: APPROVED AS TO FORM: COUNTY COUNSEL By: Punam P. Prahalad, Deputy Date: COUNTY OF ORANGE, a political subdivision of the State of California By: Bryan Speegle, Director, OC Public Works 25F-~ Amendment No. 2 to Agreement No.D99-12f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY OF SANTA ANA Date: gy; APPROVED AS TO FORM: ATTEST: City Clerk City Manager City Attorney of Santa Ana II 5 25F-7 25F-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: AGREEMENT FOR THE OPERATION OF THE COMMUNITY GARDEN AT JEROME PARK ~~ ` CIT ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with The Grain Project to manage and operate the Community Garden at Jerome Park for a two-year term with two, 5-year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION In March 2008, the Parks, Recreation and Community Services Agency and 400 volunteers constructed a playground, community garden and mural at Jerome Park through a grant provided by KaBOOM! Playmakers. The Grain Project was instrumental in overseeing the planning and coordination of volunteers to design and implement the community garden portion of this effort. The Grain Project would like to continue in its role to oversee and maintain the community garden to ensure the project's long-term success. The Grain Project is a 501(c)3 non-profit, public benefit corporation organized to promote unified, healthy, sustainable communities through farmers' markets, community gardens, and public art. Its mission is to provide a means for communities to learn more about gardening and healthy foods. The agreement is for a two-year term with two, 5-year renewal options. The Grain Project will manage and maintain the community garden through community volunteers. The Grain Project will provide the necessary liability insurance and will require volunteers working in the community garden to sign waiver forms similar to the City's volunteer program. The community garden program will educate residents on the basic skills of gardening to provide nutritional and healthy food for their families. 25G-1 Agreement for the Operation of the Community Garden at Jerome Park September 2, 2008 Page 2 The City has agreed to provide the land and office/storage space for the program at no cost to The Grain Project. All expenses to maintain and operate the program will be provided by The Grain Project through donations and volunteer labor. FISCAL IMPACT There is no fiscal impact associated with the proposed action. Gera do Mouet Exec tive Director Parks, Recreation and Community Services Agency 25G-2 LICENSE AGREEMENT FOR OPERATION OF COMMUNITY GARDEN AT JEROME PARK THIS LICENSE AGREEMENT (hereinafter "License") is made and entered into on , 2008, between the City of Santa Ana, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Licensor"), and the Grain Project, a California Non- Profit Public Benefit Corporation (hereinafter "Licensee"). RECITALS A. Licensor owns the real property known as Jerome Park in the City of Santa Ana, state of California. B. Licensee is a 501(c)3 non-profit corporation that is organized to promote unified, healthy, sustainable communities through farmers' markets, community gardens, and public art. Licensee possesses unique expertise in developing and maintaining a community garden project. C. Licensor wishes to provide access to a portion of Jerome Park to Licensee for the establishment of a community garden consistent with terms specified herein. D. The area of Jerome Park that Licensor will provide access to is more specifically described in Exhibit "A", Description -Licensed Area, attached hereto (hereinafter "Property" or "License Area"). E. Licensor and Licensee desire to enter into this License whereby Licensee shall be permitted, in accordance with the terms and conditions herein, to operate a community garden to be located at Jerome Park. 1. GRANT OF LICENSE A. Purpose of License. Licensor grants to Licensee a personal, non-exclusive, revocable license ("License") to use the License Area as a community garden. The License Area is more particularly described and shown on Exhibit "A" attached hereto. Licensee agrees that the purpose of the License herein is to allow it to involve and educate the community on gardening. Licensee may not use the License Area for any other purpose or business, other than as a community garden, without first obtaining Licensor's prior written consent. No property rights to the land and/or crops or profits from the land and/or crops are intended, or granted, in favor of users of the community garden. B. Proof of Non-Profit Status. Licensee shall provide to Licensor, prior to exercising any rights herein conferred to it, evidence of its status as a valid California nonprofit business entity. NON-EXCLUSIVE LICENSE AGREEMENT 2~G-39 2. TERM The Term of this License shall be from the date that this license is approved by all parties through June 30, 2010. This License is subject to renewal for two (2) five- yearterms upon six (6) months written notice to Licensor. Such extension shall be solely at the Licensor's discretion. 3. CONDITIONS OF LICENSE A. Hours of Operation. The hours of operation for the community garden shall be similar to those hours of operation posted for the use of the rest of the Park. B. Perimeter Fence. Licensee shall secure the temporary and permanent fence at all times to protect the garden and to eliminate any potential liability issues. Licensor agrees that it will install a permanent perimeter fence. C. Signage. Any signage proposed to be placed at the community park shall first be approved by the Executive Director of Parks, Recreation and Community Services or his designee. D. Maintenance. Licensee is fully responsible to maintain the community garden inside the perimeter of the existing temporary fence. Licensee agrees that it has an absolute duty to maintain the License Area in a neat, clean, sanitary and safe condition, to the satisfaction of Licensor, at the sole cost and expense of Licensee, for which costs and expenses Licensee shall be solely obligated. Licensee shall keep the community garden clean of debris, weeds, tools, and other materials when the area is not being programmed or used. Licensee shall be responsible for all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc., generated by the community garden inside and outside of the immediate community garden area. The City will be responsible for maintaining the park landscaping area and parking lot outside the License Area. E. Pesticide and Herbicide Use. Licensee agrees that it will operate an organic community garden and that it will not allow the use of pesticides or herbicides in the community garden. The City agrees that it will eliminate the use of pesticides and herbicides around the community garden. F. No Vehicles in Garden. No vehicles shall be driven or parked in the community garden unless approved in advance by the Executive Director of Parks, Recreation and Community Services or his designee. All vehicles shall be parked in the appropriate parking spaces. G. Storage Bin. Licensor will provide a suitable storage bin for securing tools and materials for the garden. Licensee shall maintain and secure the City-provided NON-EXCLUSIVE LICENSE AGREEMENT 2 ~G -4 storage bin at all times. Maintenance shall include, but not be limited to, graffiti removal, periodic painting, and facade improvements and repairs. No flammable materials shall be stored in the storage bins. H. Office Space. Licensor will provide a mobile trailer to be used as office space onsite by Licensee. Use of the mobile trailer will be allowed so long as, in the discretion of the Executive Director of Parks Recreation and Community Services, the community garden is used to its full potential. Licensor will be responsible for payment of water and electricity while the Licensee will be responsible for phone and other telecommunication services. I. Volunteers. Licensee will require that all volunteers sign a waiver form when working in the garden or participating in other volunteer projects. J. Sale of Food. If appropriate, Licensee may sell their produce at the site but only after first obtaining the approval of the Executive Director of Parks, Recreation and Community Services or his designee. Any sale of food will be limited to produce grown on site. Licensee agrees that it will not permit the planting of any type of plants that have psychoactive effects such as marijuana. K. Future Programs. Future programs involving children, seniors, or any School District shall first be presented to the Executive Director of Parks, Recreation and Community Services, or his designee, for approval. L. Marketing. Licensor will assist Licensee in designing a packet for marketing the community garden and to request donations for materials, supplies and future improvements to the garden. M. Vandalism and Property Damage. Licensor shall not be held responsible for loss of, or damage to, any personal property left in, on, or about the License Area, or for any improvements made by Licensee on, about, or to the License Area. In the event of vandalism to the community garden, Licensee agrees to take corrective action as soon as possible. N. No Property Rights. Neither Licensee nor any of the users of the community garden are to be afforded property rights by virtue of their use, planting or cultivation of the community garden. O. Continuing Right of Licensor. This License is made subject and subordinate to the prior and continuing right of Licensor to enter the License Area, and/or to use the License Area for any and all purposes. P. Dispute Resolution. In the event of any dispute concerning or relating to any aspect of the community garden which cannot be resolved by the licensee, the final arbiter shall be the Executive Director of Parks Recreation and Community Services. NON-EXCLUSIVE LICENSE AGREEMENT 2~G-5 Q. No Warranties. Licensor makes no warranties or representations concerning the Licensed Area or any means of ingress or egress thereto or therefrom. Licensor agrees to provide water and electric service to the Licensed Area. R. Termination. Licensor may, in it sole discretion, upon notice to Licensee, terminate this License in the event that Licensee fails to perform, keep or comply with any covenant, condition, restriction or limitation required by this License to be performed, kept, or complied with by Licensee. At the end or expiration of the term, the Licensee shall deliver up the demised Premises in good order and condition. No improvements or alterations shall be made in or to the hereby demised Premises without the consent of the City in writing. 4. NOTICES Any notice to be given by either Licensor or Licensees shall be deemed to be properly served if and when deposited with the United States Postal Service, postage prepaid, to the addresses below: TO LICENSOR: And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney Executive Director of the Recreation & Comm. Services Agency City of Santa Ana 888 W. Santa Ana Blvd., Ste. 200 Santa Ana, CA 92702 Telefacsimile (714) 647-6549 Attn: Ron Ono TO LICENSEE: The Grain Project Attention: Nick Spain P.O. Box 572 Santa Ana, CA 92702 Telephone (714) 953-5513 NON-EXCLUSIVE LICENSE AGREEMENT Page 4 of 9 25G-6 INSURANCE A. Licensee, and every contractor Licensee hires, shall each maintain commercial general liability insurance with a combined single limit of not less than $1,000,000 per occurrence covering the License Area. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees, and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the Licensor, and (3) contain standard separation of insureds provisions. B. Licensee shall, prior to and as a condition precedent of exercising any rights under this License, (i) furnish properly executed certificates of insurance to the Licensor, which certificates shall clearly evidence all coverages required in Section 7(a) of this Agreement, and agree that such insurance shall not be materially changed or terminated except upon 30 days prior written notice to the Licensor, (ii) attach a completed and signed copy of the Licensor's "Additional Insured Endorsement" form, a copy of which is attached hereto as Exhibit "B", to the certificates of insurance noted above; (iii) maintain such insurance from the commencement date of this License until the Termination date of same; and (iv) replace such certificates of insurance for policies expiring prior to the termination date of this License. 6. INDEMNITY Licensee shall indemnify, defend and hold harmless Licensor, its officers, agents, employees and volunteers from and against any and all loss or damage, expenses, injuries, death to any person or damage to property, including property and employees, volunteers, officers or agents of Licensor or Licensee, and shall indemnify, defend and hold harmless Licensor, its officers, agents, employees and volunteers from all claims, demands, suits, actions or proceedings of any kind, and shall be responsible for any and all costs and expenses, including but not limited to reasonable attorneys' fees, settlements or judgment, arising out of the construction, reconstruction, maintenance, presence, operation, use, removal or state of repair, of the License Area. 7. GOVERNING LAW This License shall be governed by and construed in accordance with the laws of the State of California. NON-EXCLUSIVE LICENSE AGREEMENT Page 5 of 9 25G-7 8. ENTIRE AGREEMENT This License, together with all attachments and Exhibits hereto, constitutes the entire understanding and Agreement of the Parties. This License supersedes any and all other Agreements, whether oral or written, between the Parties hereto with respect to the terms set forth in this License and contains all the covenants, conditions, terms and Agreements between the Parties with respect to the subject matter herein described. Each Party to this License acknowledges that no representations, inducements, promises or agreements, whether oral or written, have been made by any party, or anyone acting on behalf of any party, with respect to the subject matter herein described, and that no Amendment hereto shall be effective unless set forth in writing, approved by the Licensor and Licensees. 9. INDEPENDENT CONTRACTOR It is understood and agreed by the Parties to this License that Licensee shall, in the performance of the terms and conditions contained herein, be acting in a wholly independent capacity and not as agents, employees, partners, or joint venturers of the Licensor. This License does not create a tenancy of any nature whatsoever between the Licensor and the Licensee. 10. ASSIGNMENT BY LICENSEE PROHIBITED In no event shall Licensees assign or transfer any of the rights conferred herein without the prior express written consent of the Licensor. 11. ATTORNEY FEES AND COSTS In the event that any action is commenced to enforce payment or performance under this License, or otherwise in connection with this License, the Parties agree that the prevailing party shall be reimbursed by the non-prevailing Party for all costs and attorneys' fees incurred by the prevailing Party in such action. 12. CONFLICT OF INTEREST No member, official or employee of the Licensor shall have any personal interest, direct or indirect, in this License, nor shall any member, official or employee of the Licensor participate in any decision relating to this License which affects his/her personal interests or the interests of any natural or legal person in which he/she directly or indirectly has a beneficial interest. The Parties hereto have executed this personal, non-exclusive, revocable License as of the date and year first written above. NON-EXCLUSIVE LICENSE AGREEMENT Page 6 of 9 25G-8 LICENSOR: THE CITY OF SANTA ANA By: David N. Ream, City Manager City of Santa Ana APPROVED AS TO FORM Joseph W. Fletcher City Attorney--~ fq~ ~, ~ ~ ~ By: ~~ ~ose~~andoval ~'~Yanaging Senior Assistant City Attorney LICENSEE: By: Nick Spain, President and Board Chair, The Grain Project By: Lara Montagne, Executive Director The Grain Project ATTEST: Patricia E. Healy Clerk Of The Council NON-EXCLUSIVE LICENSE AGREEMENT Page 7 of 9 25G-9 EXHIBIT A DESCRIPTION -LICENSE AREA NON-EXCLUSIVE LICENSE AGREEMENT Page 8 of 9 25G-10 ' ~n d N~aa r~~ ~ GY ~,1 , -~ ----~----- -- fI ~ ~~ 1__.I `• ~. ~. --. ~~ -- l .:~~~ ~~ - ~> ~, =~ ~ ; _ .~ - ~' = _ ~~, ~ ~ ~ ,~ Z ~ ~ ~ ~ ~ ~ ~ o~~ / ~-- ~ j ~ ,, ~ ~- 1 ' r V ~ - L ~ `-~, . v l ~ ~ ~ ~ ~ ~ ~ ~~ ~-- ~ ~ ' ~ j ~ ~- ~ ~ ~ J i ~ ~ 1 ,r ~ ~ ~ ~- ~ _ ~~. ~~: `~ ~: ,I s ~ ~" °o _~ ~ > ~ ~' , I, ;: ~~ ~ '"j ~ -- _____- i ~ ~- ~ ~~ ~I ~ . ~ ;' ,~. ~ T I ' n~ ~ Y ~ ~ N u :~ ~ ~ - a ~ ~ ~ ~~ W ~ - _- O v; --~{ 8 } ~ - - 7 N • _~ L ~~ '13 dJ-3I/~ ~LN9NI `-- - ~ ~~ r EXHIBIT B ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702;, their officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza (M- 36), Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative NON-EXCLUSIVE LICENSE AGREEMENT Page 9 of 9 25G-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK CI MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council attached agreement with Vista Del Verde Landscape, landscape maintenance services for a one-year term, in not to exceed $112,720 subject to non-substantive change City Manager and City Attorney. DISCUSSION to execute the Inc. to provide an annual amount s approved by the The Parks, Recreation and Community Services Agency is responsible for the landscape maintenance at all City parks as well as the Santa Ana Zoo at Prentice Park. The maintenance includes mowing and edging of turf, pruning and trimming of trees and shrubs, removal and control of weeds and plant diseases and pests, plant irrigation, and the maintenance and repair of irrigation systems. The Zoo's current landscape contract expires on September 30, 2008. On August 5, 2008, the Parks, Recreation, and Community Services Agency requested proposals from four companies currently providing landscape services in City Parks. On August 11, 2008, the Agency received the following four proposals for landscape maintenance services at the Zoo: Company Annual Cost Vista Del Verde Landscape $102,720 Master's Landscape $120,960 Valley Crest Landscape $124,500 Merchant's Landscape $130,800 25H-1 Agreement for Landscape Maintenance Services for the Santa Ana Zoo at Prentice Park September 2, 2008 Page 2 The proposed agreement includes a $10,000 contingency for extra work and unforeseen emergencies. Vista Del Verde currently maintains 12 sections of bike trails, six park locations, and several City properties, including the Regional Transportation Center and Newhope Branch Library, and is performing well at these locations. FISCAL IMPACT Funds are available in the Park Maintenance account (no. 11-250-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~Ger do Mouet, Exe tive Director Park Recreation and Community Services Agency ~~,,~Oµ C~.~,.~-/r Francisco Gutierrez, `-' ~xecutive Director Finance and Management Services Agency ~~ r~ 25H-2 Page 1 of 8 LANDSCAPE AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 2"a day of September, 2008 by Vista Del Verde Landscape, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of high- level park landscape maintenance comparable with standard industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 Contractor shall provide landscape maintenance services for the Santa Ana Zoo at Prentice Park, as set forth in Exhibit A attached hereto, which incorporates "Santa Ana Zoo Landscape & Grounds Maintenance Specifications 8-OS-08" and Contractor's Proposal dated August 8, 2008. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total charged for monthly routine maintenance shall be $8,560.00. An additional $10,000 contingency is available for unanticipated expenses, which shall be authorized in writing executed by the Executive Director of Parks, Recreation and Community Services or his designated representative. The total sum to be expended under this Agreement shall not exceed $112,720.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed during the prior month, 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 October 1, 2008 and terminate on September 30, 2009 unless terminated earlier in accordance with Section 12, below. 25H-3 4. INDEPENDENT CONTRACTOR Page 2 of 8 Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 25H-4 Page 3 of 8 (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 25H-5 Page 4 of 8 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery or other communication pursuant to this Agreement shall be made in writing and shall be deemed to be properly given if delivered in person or mailed by first class mail or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Vista Del Verde Landscape, Inc. Mr. Robert Johnson 30316 Esperanza Avenue Rancho Santa Margarita, California 92688 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25H-6 10. EXCLUSIVITY AND AMENDMENT Page 5 of 8 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, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION AND DAMAGES a. Either party may terminate this Agreement, without penalty for cause immediately, or without cause upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the condition that payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. b. Material Breach: If the Director determines the Contractor has failed in the performance of its duties and/or schedule as provided, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity including but not limited to: 1) withholding all or a portion of payment owed, and/or forfeiture for any delay from non-performance 2) directing the work be accomplished by either City employees or another contractor, as determined by the Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. c. If Contractor performs the work in such a manner that the amount of payment withheld due to sub-standard performance, non-performance and forfeiture for non-completion per schedule totals five percent (5%) of the total contract price, the City will put Contractor under `notice ofnon-compliance'. If Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, non-performance and forfeiture for non-completion per schedule totals ten percent (10%) of the total contract price, the contract is subject to cancellation at the City option. In the event of cancellation for unsatisfactory performance, the original Contractor shall reimburse City for damage accrued by changing contractors. 25H-7 Page 6 of 8 d. If Contractor fails to meet the specifications of this Agreement for a period of 15 cumulative days, the City may at its option, terminate the balance of this contract by written notice of termination to Contractor. Notice of such termination shall take effect 15 days after such notice is mailed. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor is specifically required to have and maintain both a State License C-27 and a City of Santa Ana business license. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. // // // // 25H-8 Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager VISTA DEL VERDE LANDSCAPE, INC. ROBERT S. JOHNSON President Tax ID# 25H-9 VISTA DEL VERDE L A N D S C A P E I N C August } 1, 2008 To: Mr. Mike Lopez, PARKS, RECREATION AND COMMUNITY SERVICES AGENCY Fr: Robert S. Johnson, Vista De} Verde Landscape, Inc. Re: City of Santa Ana Zoo -Landscape Maintenance Bid Dear Mike, Please find enclosed our bid proposal for landscape maintenance for the Zoo per the bid information you provided us at the bid meeting and the two addendums you e-mailed to us. We appreciate the opportunity to provide landscape maintenance service for the City of Santa Ana's Zoo. Should you have any questions regarding this bid, please do not hesitate to call our office. ~! ~~ I 30316 Esperanza, Rancho Santa Margarita ,California 92688 Phone 949.713.5800 Fax 949.713.5801 25H-10 ~- `~ R;~ ADDENDUM N0.2 REQUEST FOR BIDS FOR PROVIDING LANDSCAPE AND GROUNDS MAINTENANCE AT SANTA ANA ZOO Reference Santa Ana 70o Landscape & Grounds Maintenance Specifications &OS-OA Date Due:. ° .. > ,:.. _ .,.. „ Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and,~or deletions, in the specifications to Santa Ana Zoo Landscape & Grounds Maintenance Specifications B-OS-08. This addendum shall become a part of the original Request for Proposal due by 2:00 p.m. on August 11, 2008. This addendum is provided in response to questions asked at Friday, August 8, 2008 via telephone. 1. Special Provisions, Item 4. BONDS, 1) shall be eliminated as follows: 1. BONDS 2. Cost for Contractor providing landscape and grounds maintenance at the Santa Ana Zoo for up to 12 months: S60 • oo per month S 10.2, 7,2o.o~,per year V i S i /'~' ~ f~ L VCii2 t~ Ct~ l-/~'Nt~ S!~'r~ll~ ~ INC' . 3v3i~ G~Sr'~:'r2~-NzA ~NCI~o Sr+~'~u ~ /i /y1~~2 C~I~ a2 ~ i A ~ Gr/-~ q~ G8~ /~V(3(Gt2 i ~(~/fiNSvN ~~%s ~ a~,~%~ 25H-11 4~ista Dc~lNcrtfc laniGeape, /ne. 30316 Espaanta Rancho Santa Margarita. G1926as 4. Section II ROUTINE MAINTENANCE, H. GENERAL MAINTENANCE AND CLEAN UP, Shall be revised to read as follows: 1) The Contractor shall collect all clippings, trimmings, cuttings, rubbish and debris at all work sites and dispose of it in a lawful manner. 2) All trash and debris shall be rom..cro.l from .,n a~rr.ryr;1-oc disposed of daily. Section II ROUTINE MAINTENANCE, A. TURF CARE, item 7) b. Replanting shall be revised to read as follows: a. The Contractor, at his expense, shall on a continuous basis overseed any bare, thin and~or sparsely covered areas in the turf in order to keep the turf 100% covered at all times. Contractor agrees to repeat overseeding unti1100~,6 germinationJcoverage is achieved. Attachment: Valley Crest Fertilization Plan O8, See Attached 7. Add Alternative Bid for Contractor providing all Hand Wattring $ ~ 4' Q .oo per month $ j 7 ,2$O.oo per year 8. Add Bid Costs as follows: SECIALIZED SERVICES A• Labor Hourl Wa e 1 Landscape Lead Worker $ ,Z . O b 2 Landscape Maintenance Worker $ I C~ , 00 3 Lead Tree Trimmer $ • pp 4 Tree Trimmer $ 3 S• 0 0 5 Irrigation Specialist (as specified) $ ,~ S • Uo 6 Irrigation Assistant $ 3v . vo 7 QAC Pesticide Operator $ (og-, coo 8 Pesticide Assistant Operator $ yo. oU Total (I-8) $ ,2. q! . op 2 25H-12 Nrsta Del Verde Larrfscape, Inc. 303x6 Espennza Rancho Santa Margarita, CA 92688 B• Material/E ui ment Purchases 1 Contractor's wholesale cost plus /o p t Q ~• Dum Fees Per Ton 1 Green Waste $ 2 ormal Trash $ y~ 3 Heavy debris (requiring low boy) $ (~ Total 1-3 $ / p . pd D• Specialized Maintenance (includes labor, equipment, Per Acre materials 1 Turf fertilization using 21-4-4 @ 1 # actual nitrogen per $ O ~ 3~y 1,000 sf . Turf fertilization using 39-0-0 Lesco @ 1# actual nitrogen er 1,000 sf ~ , D b Turf fertilization using 2l -4-4 @ 2# actual nitrogen per , 17 ~ 2 L~ ~-f 1,000 sf Turf fertilization using 39-0-0 Lesco @ 2# actual nitrogen ~ o 0 / ~ er 1,000 sf r p • 2 Turf aeration using tractor driven drum aerator $ ~ , o a 3 Turf renovation/over seeding using Lesco Eagle brand $ $ i ~ ~ 'sS erennial a Urass with 95% ermination 4 Soil amendment by applying soil buster $ 3~~(, op Total (1-4 ~ ) , s' E• Plantin Per Unit 1 24" box multi-trunk tree $ ,2r('• p o 2 24" box standard trunk tree $ ,2 ~ ^ • o b 3 15 gallon tree $ o , 00 4 15 gallon shrub $ 7 , ov 5 5 gallon tree/shrub $ SO 6 1 gallon tree/shrub $ _ ~ v 7 Flat of groundcover $ 2~ • ~, 8 4" flat of annual cover $ 3 , ~ J Total (Z-8) $ "~. v o F• S ecial Maintenance Per Unit 1 Install 2" thick decomposed granite to planter beds $ ~,V • Vv 25H-13 Vista Del Verde Landscape, Inc. 30316 Esperanza Rancho Sams Margarita, CA 92688 2 Install 2" thick mulch in planter beds $ s', Uv - 3 $ 4 $ 5 $ Tutal (l-~) ~ 25H-14 Page 1 of 41 LANDSCAPE MAINTENANCE CONTRACT SPECIAL PROVISIONS DEFINITIONS The use of the word "Director" shall be construed to mean the Executive Director of Parks, Recreation & Community Services or their designated representative(s). The use of the word "Contractor" shall be held to mean the Contractor and/or any person employed by him and working under this contract. The use of the word "pruning" shall include the practices sometimes referred to as "trimming". The use of the word "weed" shall be understood to mean any undesirable or misplaced plant. 2. PERIOD OF AGREEMENT The contractor shall perform all work under this contract over a period of twelve (12) months, subject to extension or termination as described below. 3. BID REQUIREMENT Prior to contract award, any bidder may be required at any time to demonstrate to the Director that he can successfully perform maintenance work of the type involved in this contract and that he possesses suitable equipment to perform the work. 4. BONDS Each bid must be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is rewarded to him. Any bid submitted without any of the above shall not be considered. The successful bidder will be required to obtain and submit to the City two surety bonds. These bonds are: "Payment Bond" for not less than 100 percent of the contract price. 2. "Faithful Performance Bond" for not less than 100 percent of the contract price 25H-15 Page 2 of 41 5. FUNCTIONS AND RESPONSIBILITIES A. Director The Director shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule, not involving extra cost. When the ..performance of the work orcompletion-per schedule- is determined to be sub- standard, he may: 1) recommend that alt or a portion of payment be withheld, and/or forteiture for delay be assessed; 2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable and will be billed accordingly. The Director shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment. of the contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. Contractor (1) Review of Job Site The Contractor shall be held responsible for carefully reviewing the site and verifying all areas of work, prior to bid submittal. (2) Local Office The Contractor shall maintain a local office with a competent representative that can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. A local office is one that can be reached by telephone without it being a toll call. An answering service or mobile telephone shall not fulfill the requirement for a local office. Contractor will not be allowed to store equipment or materials at any contracted area without written permission from the Director. In addition, the Contractor shall have the capability to receive and respond to emergency calls as specifed under routine maintenance in the landscape maintenance specifications. (3) Submittals The Contractor shall submit to the Director at the beginning of work: 1) a detailed annual, monthly and weekly work schedule; 2) time sheets of employees assigned to the Zoo; 3) names and titles of all persons working on the project; and, 4) materials and/or chemicals to be used on the project for approval. All submittals shall be periodically up-dated as necessary. The Director shall be immediately notified of any changes to the above information. 25H-16 Page 3 of 41 (4) Uniforms/Identification The Contractor shall provide to all Feld personnel a standard uniform including but not limited to a company hat, collared work shirt properly marked with company identification, uniform pants, and ANS1 approved safety shoes. At! vehicles and equipment on the project site shall also be in presentable condition and have the company's name clearly identified on both doors. (5) Licenses and Permits The Contractor shall, prior to award of contract and without additional expenses to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C-27 and a City of Santa Ana Business License. (6) Compliance with the Law The Contractor agrees that its performance under the contract shall comply with all applicable laws of the United States of America, the State of California, the County of Orange, the City of Santa Ana, and any other body having jurisdiction over the activities of the contractor. 6. RESPONSIBILITY FOR WORK The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work. 7. FAILURE TO PERFORM SATISFACTORILY A. It is agreed and understood that when the performance of the work or completion per schedule is determined to be sub-standard or unsatisfactory the Director will: (1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay be assessed; and, (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable and will be billed accordingly. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. In addition the City will charge the Contractor.$~9:6@ for each item in the specifica#ion they fail to complete. ~~ -3G0 - B. If the Contractor performs the work in such a manner that the amount of payment withheld due to sub-standard performance, non-performance and forfeiture for non-completion per schedule totals five (5) percent of the total contract price, the _ -- City will put the Contractor under notice of non-compliance. ff the Contractor 25H-17 Page •4 of 41 continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, non-performance and forteiture for non-completion per schedule totals ten (10) percent of the tots! contract price, the contract is subject to cancellation at the "City" option. in the event of cancellation for unsatisfactory pertotmance, the original Contractor shall reimburse the City for damage accrued by changing contractors. 8. CONTRACT TERMINATION The City or the Contractor reserves the right to terminate the contract, without penalty, for cause immediately or without cause after 30 days written notice thereof is delivered to the Contractor either personally or by mail addressed as shown on the purchase order form. a) If the Contractor fails to meet the specifications of this contract for a period of 15 cumulative days, the City may at i#s option terminate the balance of this contract by written notice of termination to the Contractor. Notice of such termination sha(I take effect 15 days after such notice is mailed. 9. SAFETY REQUIREMENTS AI( work performed under this contract shall be pertormed in a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contract or when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 10. UNDERGROUND Underground Alert Systems must be notified 48-hours in advance prior to commencing work that involves digging underground. This notification is required for each location. The telephone number is 1-800-422-4133. 11. HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor, which is not a result of his operations, shall be immediately mitigated then reported to the Parks, Recreation & Community Services Agency. 12. PROPERTY DAMAGE Any damage to utility lines that occurs shall be immediately reported to the utility company this is involved. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or necessary replacements of the same shall be at the Contractor's expense. 25H-18 Page 5 of 41 13. ACCESS TO PRIVATE PROPERTY Prior to any work that will res~ror rest ons ble person r~nforrriing h moof the nat re of at d each affected property owne p the approximate duration of the restriction. 14. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those designed for removal, then such improvements shall be replaced in kind at the Contractor's expense. 15. TRAFFIC CONTROL The Contractor shalt conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow, the Contractor will contact the Director. 16. MISCELLANEOUS TRAFFIC DEVICES Signs used for handling traffic during the course of this project shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc., and made a park of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. 17. METHOD OF PAYMENT/MONTHLY REPORTS The Contractor will be paid monthly, in arrears for work performed satisfactorily under this contract. By the first of each month the Contractor shall submit a detailed report of maintenance performed and materials used in the prior month. Reports shall consist of: 1 }employee weekly work schedule and location by crew type; ; 2) pesticide use report for Agricultural Commissioner's Office; 3) fertilization report including manufacturer, N- P-K percentages, weight by bag, type of landscape applied (turf, groundcover/shrub or trees), and number of bags of fertilizer applied 5) upcoming projects/work; and, (NOTE CITY TO PROVIDE GREEN WASTE CONTAINER ON SITE AND PERFORM ANNUAL GREEN WASTE REPORT}. This report shall be accompanied by a billing in accordance with the contract price for the work performed, and shall become the basis for payment. 25H-19 Page>6 of41 18. WATER COST The City shall bear the costs for water used in the sites covered by this contract as billed on the regular monthly invoices by the City of Santa Ana Finance and Management Services. The Contractor shall be responsible for managing the amount of water applied to the contract areas. Should the amount of water applied exceed the monthly EWA then the Contractor shall be responsible for the cost of water that exceeded the EWA. 19. APPRENTICESHIP STANDARDS Where required under law, the prime contractor on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the Califomia State Labor Code. 20. WORKER'S COMPENSATION INSURANCE CERTIFICATIONS A. During performance hereunder, and entirely at CONTRACTOR's sole expense, CONTRACTOR shall procure and maintain the following insurance, which shall be full coverage insurance not subject to self-insurance provisions. CONTRACTOR shall not, of its own initiative cause such insurance to be canceled or materially changed during the course of the herein Agreement. (1) Workers' Compensation Insurance: Within limits established and required by the State of California. (2) Employer's Liability with a limit of $2,000,000. (3) Comprehensive General Liability to include Completed Operations, Contractual, Independent Contractors and Personal Injury, and Automobile Liability, including all auto; with at least the following combined limits of liability: (a) Primary Bodily Injury Liability limits of $2,000,000 per occurrence. (b) Primary Property Damage Liability limits of $2,000,000 per occurrence. , (c) Primary Bodily Injury and Property Damage Liability combined single limit of $2,000,000 is preferred. B. Prior to commencement of any work hereof, CONTRACTOR shall furnish to the City Purchasing Manager a Certification of Insurance which shall certify CONTRACTOR's insurance policies provide: (1) "The City of Santa Ana, its officers, employees, agents, and representatives are named as additional insured" on Comprehensive General Liability and Automobile Liability insurance with respect to performance hereunder. 25H-20 Page 7 of 41 (2) The coverage shall be primary and noncontributory as to any other insurance with respect to performance hereunder; and (3) Thirty (30) days prior written notice of cancellation or material change is given to City. C. Occurrence, as used herein, means any event, or related exposure to conditions, which result in bodily injury or property damage. 21. SUBCONTRACTORS Designation of Subcontractors In accordance with the provisions of Section 4100 and subsequent section of the Government Code concerning the Subletting and Subcontracting Fair Practices Ac#, bids on public contracts and for all work except the construction, improvement, or repair of streets or highways and bridges shall include a listing of all subcontractors who will perform work or labor or render service to the prime contractor's total bid. This requirement for the listing of subcontractors also extends to that portion of street or highway work involving street lighting and traffic signals as noted in Section 4100.5. The portion of work, which will be done by each such subcontractor, must be listed and only one such subcontractor shall be fisted for each portion. 2. Bidders Note Carefully Should this contract include work, which requires the listing of subcontractors as above referenced, this listing must be provided with the bid on the enclosed sheet{s). If the bidder fails to specify a subcontractor for any portion of the work to be performed under the contract in excess of one-half of one percent of the bidder's total bid, he agrees to perform that portion himself. The successful bidder shall not, without the written consent of the City: (a) Substitute any person or firm as subcontractor in place of the subcontractor designated in the original bid. (b) Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid. (c) Subcontract any portions of the work after bid is submitted if the cost thereof exceeds one-half of one percent of the total bid and a subcontractor was not designated for the work in the original bid. 25H-21 Page.8 of 41 GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS SCOPE OF WORK The Contractor shall provide at his own risk and cost all labor, materials, tools, equipment, transportation, ,fertilizers, pesticides, chemicals and other items needed to do grounds/landscape maintenance work as directed herein. The Contractor is expected to continuously improve upon the appearance of the landscaped areas. The Contractor shall provide complete grounds/landscape maintenance of all work sites, including, but not limited to pruning, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; tot-lot maintenance; removing trash and debris and, other maintenance required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in excellent condition with horticulturally accepted standards for growth, color, and appearance (Horticulturally accepted standards shall be determined by the Director). A. Scheduling of Work 1) The Contractor shall accomplish all routine landscape maintenance required under this contract between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The Director may grant, on an individual basis, permission to pertom~ maintenance at other hours. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the Director prior the performance of any work required by these specifications, and any changes in scheduling shall be reported in writing to the Director immediately. 2) The Contractor shall conduct the work at all times in a manner, which will not interfere with pedestrian traffic on adjacen# sidewalks or vehicular traffic on adjacent streets. In addition, a special notification listing exact starting date for renovation, pruning and other infrequent operations, shall be furnished to the Director at least five (5) working days in advance of , performing these operations. B. Work Force 1) The Contractor shall insure that all work under this agreement is supervised by Contractor employed supervisory personnel who possess a Bachelor of Science degree in Ornamental Horticulture, Landscape Architecture, Landscape & Irrigation Technology or any other related science degree. The Supervisor shall also possess management skills required to implement modern methods and newly developed management horticultural procedures and/or practices. 25H-22 Fage 9 of 41 The Contractor's Supervisor shall accompany the Director on weekly inspection tours of the Zoo. During the tour the Contractor's Supervisor shall communicate to the Director what work was completed the previous week, what changes were made or are being contemplated for the future and what work is scheduled for the upcoming week and month. 2) The Contractor shall provide Irrigation Specialists who possess, at minimum, a Certificate in "Ornamental Horticulture Certificate of Proficiency Specialization in Landscape Irrigation" to perform all irrigation checks, repairs, modifications, etc. Should the Contractor have or staff irrigation Specialists with equal or greater educational qualifications they may appeal to the Director for approval (see Exhibit D). Any Contractor staff that does not meet this criteria who is discovered working on irrigation will be immediately stopped and the Contractor agrees to pay a $150.00 penalty per occurrence. 4) The Contractor shall insure that fully qualified, experienced personnel, directly employed by the Contractor, perform all work under this agreement. 5) The Contractor shall be responsible for the skills, methods, appearance and action of Contractor's employees and for all work done. The Contractor's employees shall be U.S. Citizens or legal residents. 6) The Contractor shall perform the work provided for in this contract under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. 7) The Contractor shall remove from the contracted work sites any employee who is found objectionable to the Director. C. Material 1) The Contractor shall submit a list to the Director all materials that the Contractor proposes to use in the execution of this work. The list shall include Material Safety Data Sheets or any other chemical analysis where applicable, recommended usage and any other pertinent data by the manufacturer of the material. Said Fist shall be submitted before use of any product, pursuant to the provisions of this agreement. 2) The following shall apply to the material indicated: a. Fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. 25H-23 Page 1 U of 41 b. Pesticides including but not limited to: Insecticides, fungicides, herbicides, and rodenticides shall be of the best quality obtainable, properly labeled with guaranteed analysis, and brought #o the job site in the manufacturer's original container. c. Tree stakes, tree ties and guy wires shall be of materials matching those existing in .the work site or as specified by the Director. d. The Director shall of a size; condition and variety specify replacement trees, shrubs, ground cover, and other plants. e. The Director prior to planting shall inspect replacement plant materials. f. The Director shall determine replacement lawn sod. D. Recyclina All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be recycled through composting or processing for use as mulch. Organic waste cannot be landfilled unless the Director gives prior authorization. The City shall provide green waste containers on the Zoo grounds for the Contractor to dispose of green waste generated from his work (at the Zoo). In addition, the City shall monitor the amount of green waste recycled and report to the State of California in their annual report detailing the annual tonnage of green wasted collected at the Zoo over a year's period. II. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed on the work site depicted in Exhibit A. A. TURF CARE All turf within this agreement is considered priority turf and shall be maintained to the highest industry standards. 1) Mowing a. All turf shall be mowed weekly with mulching mowers. Should the mulching mowers leave behind grass clippings the Contractor shall collect and dispose of the grass clippings immediately upon request. b. All turf shall be cut to a height appropriate for the type of grass being mowed as determined by the Director. Note that the Director may direct the Contractor to mow the /priority turf areas lower if 25H-24 Page Z l of 41 he/she feels it will benefit the City. The Contractor shall mow turf with new or just sharpened mower blades and maintain mowers so that they to provide a smooth, even cut without the ridges or depressions and without tearing of the leaf blades. 2) Edging and Detailing a. McClains edgers or approved equal shall edge adjacent to all improved surfaces shall edge all turf and, where no improved surface exists, turf edges shall be maintained with string trimmers. Edging shall be performed weekly, or more frequently if desired by the Contractor. Following each edging, all edging debris shall be removed. b. All turf growing adjacent to irrigation hardware, string trimmer and/or chemicals to a maximum of twelve (12) inches in all directions of said objects shall neatly detail tree trunks, or any other landscape amenity. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. 3) Fertilization/Soil Amending a. Turf shall soil tested once per year by an approved soil testing laboratory. One soil sample shall be taken within each 5 acres of turf area. The test will be comprehensive and provide written recommendations of how to improve the soil and overall health of the turf. All turf will be fertilized eight (8) times per year per the Valley Crest Landscape Management "Agronomic Plan 2008" (see attached) using a complete or approved fertilizer. The rate of application shall be one (1) pound of actual nitrogen per 1,000 square feet. The Director may request proof of fertilizer application in the form of empty fertilizer bags. 4) Irrigating a. Turf areas shall be appropriately watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas be allowed to show a lack of fresh green color or a loss of resilience due to lack of water. Should the Contractor believe they would need to apply additional water above and beyond the monthly EWA he shall request approval from the Park Service's Utility Coordinator prior to exceeding the monthly irrigation budget. b. Wherever or at any time that an irrigation system does not adequately cover the turf area in which it is installed, (fails) including but not limited to controller failure, valve failure, etc., the 25H-25 Page I2 of 41 Contractor is responsible for providing supplemental irrigation by semi-automatically or manually running the irrigation systems. Should the Contractor not respond to signs of turf stress immediately the Director may dispatch his own staff at the expense of the Contractor. c. Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed EAW (Estimated Applied Water). The cost for exceeding EAW will be deducted from the Contractor's monthly payment. 5) Overseeding a. Each year, all priority turf areas shall be overseeded with Lesco Eagle Blend perennial rye grass or approved equal at the rate of not less than seven (7) pounds per 1,000 square feet. Seed shall be uniformly broadcast, with care taken to not broadcast in non-turf area. b. Contractor shall guarantee 95% germination of seed using the most modem horticultural practices. Failure to germinate the seed to the Director's satisfaction will result in the Contractor redoing the work or forfeiting the cost of performing this work or the City may elect to hire another contractor to perform the work and deduct the cost from the Contractor's monthly invoice(s). 6) Pre-emergents a. The Contractor shall apply approved pre-emergent herbicides to all turf areas in order to control the germination of noxius weeds such as but not limited to Dallis Grass, Goose Grass, Crab Grass, Nutsedge etc. 7) Replanting a. The Contractor shall resod all turf lost due to the Contractor's negligence, as determined by.the Director. b. The Contractor, at his expense shall overseed any bare areas in the turf in order to keep the turf 100% covered at all times. B. GROUND COVER CARE 1) Edging and Detailing a. Ground cover beds shall be maintained within their intended bounds, and edged or detailed a minimum of every two (2) weeks or more often to keep the beds looking manicured at all times. 25H-26 Page 13 of 4l b. Ground covers shall not be permitted to encroach into lawns, shrubs, adjacent desirable bare areas, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned following each edging/detailing, including streets {when applicable). c. Ground cover that has grown beneath and into shrubs shall be detailed not to touch the shrub/tree. 2) Fertilization/Amending a. Each 5 acres of ground cover shall be soil tested once per year by an approved soil testing laboratory. The test will be comprehensive and provide written recommendations of how to improve the soil. All ground cover will be fertilized eight (8) times per year per the Valley Crest Landscape Management "Agronomic Plan 2008" (see attached) . The rate of application shall be one (2) pound of actual nitrogen per 1,000 square feet. The Director may request proof of fertilizer application in the form of empty fertilizer bags. 3) Cultivation or Mufch a. All bare soil or open areas shall be either cultivated every two (2) weeks or covered by a minimum of two (2) inches of mulch. Mulch material shall be Black Forest mulch or approved equal by the Director. 4) Irrigating a. All ground cover shall be properly irrigated to maintain a healthy condition. Failure of any portion of the irrigation system will not relieve the Contractor if the responsibility to provide appropriate supplemental irrigation to the ground cover. The Contractor shall relieve stress by semi-automatically or manually running the irrigation systems. C. SHRUB CARE 1) Pruning a. All shrubs growing in the work areas shall be pruned as requested, to maintain plants in a healthy growing condition and to maintain plant growth within reasonable bounds to prevent encroachment of passage ways, walks, streets, and view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs or branches shall be made clean with sharp pruning tools with no projections or stubs remaining. Pruning shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics except box hedging may be required on -- some shrubs, as designated by the Director. Shear hedging or - severe pruning of plants, unless authorized 6y the Director; shall- 25H-27 Page f 4 of 41 not be permitted. Should the Contractor shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible to replace those plants with like kind and size as determined by the Director. The Contractor maybe requested from time to time to raise the bottom of the shrubs for security reasons. This shall be considered routine maintenance and therefore have no extra cost to the City. 2) Fertilization a. All shrubs will be fertilized eight (8) times per year per the Valley Crest Landscape Management Agronomic Plan 2008° (see attached} . The rate of application shall be one {2) pound of actual nitrogen per 1,000 square feet. The Director may request proof of fertilizer application in the form of empty fertilizer bags. Irrigation b. All shrubs shall be properly irrigated to maintain a healthy condition. Failure of any portion of the irrigation system will not relieve the Contractor if the responsibility to provide appropriate supplemental irrigation. The Contractor shall relieve stress by semi-automatically or manually running the irrigation systems. 3) Replanting a. The contractor shall be responsible for the complete removal and replacement of shrubs lost due to the Contractor's negligence, as determined by the Director. D. TREE CARE ~) The Contractor shall routinely maintain all tees up to a height of fifteen (15) feet in height. a. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. This work shall be accomplished in a manner, which will ensure that each individual tree is Clash I pruned (as outlined in the City of Santa Ana Tree Pruning and Stump Removal Specifications. All work shall be of the highest quality as outlined in Exhibit B). In addition, the Contractor shall remove or prevent encroachment where it blocks vision or is considered undesirable by the Director. Low branches overhanging sidewalks shall be removed to a height of nine (S) feet above grade. Young trees needing pruning, training, and shaping to develop caliper and a strong structural framework shall allow low branching laterals and or appropriate sucker growth to remain on a continuing basis as needed according to the Director. 25H-28 Page 15 of 41 3) Staking, Typing and Guying a. All trees requiring staking shall be securely staked at all times with approved stakes and rubber cinch ties. Rubber hoses and wire will not be permitted. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shalt also be set a consistent distance away from the trunk of the tree (minimum six (6) inches} to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. 4) Fertilization a. All trees shall be fertilized using an approved slow release fertilizer a minimum of one (1) time per year. 5) Irrigating a. Ali trees shall be properly irrigated to maintain a healthy condition. Failure of any portion of the irrigation system oillr ate su1e lemental Contractor if the responsibility to provide app p pp irrigation. The Contractor shall relieve stress by semi-automatically or manually running the irrigation systems. General Requirements a. The Contractor shall bring to the attention of the Director within twenty-four (24) hours any tree displaying roots heaving or girdling (either by roots or a foreign material, {eaning, broken or hanging limbs, or any other reason posing a potential safety hazard. 6) Replanting a. The Contractor is responsible for regularly and continuously inspecting the trees to assure they are in a healthy growing condition free of damage, pest and disease. The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's negligence, including but not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. Any tree, which was alive at the time this agreement begins, shall survive until the agreement ends. If the tree dies without first being diagnosed by a Certified Arborist with a terminal disease or cause, the Contractor shall be responsible to replace the tree with like species and size. b. Replacement shall be made by the Contractor in the kind and size of trees determined by the-Director. Where there is a difference in 25H-29 Page 16 of 41 value between the trees lost and the replacement of trees, this difference will be deducted from the Contractor's payment. In all cases, the Director using the latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. E. ANNUAL COLOR All areas having existing annual color shall be maintained per Exhibit C -Annual Color Planting and Maintenance Specification. Annual color shall be rotated four times annually per Exhibit C. F. WEEDS, DISEASE AND PEST CONTROL 1) Weed Control a. All landscape and hardscape areas within the specified scope of work (including, but not limited to, turf, shrub and ground cover, planters, tree wells, ornamental bark or rock areas, asphalt or concrete areas) shall be kept free of weeds at all times. The complete removal of all weed growth shall be accomplished on a continuing basis. Weeds shall be controlled by hand and approved mechanical or chemical methods. Should weeds two (2) inches or greater not be removed within one (1) week at the request of the Director, the Director will dispatch his own City forces to remove the weeds. The cost for City staff plus the $150.00 caU out fee will then be deducted from the Contractor's monthly payment. 2} Disease and Pest Control a. The Contractor shall regularly inspect all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease or insect or agricultural rodent infestation. The Contractor shall advise the Director within four (4) days when a problem exists and what course of action they intend to take to resolve the problem. Upon approval of the Director, the Contractor shall . implement approved control measures, follovuing all federal, state, county, and municipal laws, regulations and ordinances required for the approved work at no extra cost to the City. b. Approved control measures shall be continued until the problem is controlled to the satisfaction of the Director. The Contractor shall utilize all safeguards necessary during disease; insect or rodent control operations to ensure safety of the public and the employees of the Contractor. c. Any plant material, which dies without the Contractor's Horticulturist diagnosing the plant and implementing efforts to save the plant, will be considered negligence and, therefore, the Contractor shall 25H-30 Page 17 of 41 replace the plant with like species and size at no extra cost to the City. G. IRRIGATION SYSTEM MAINTENANCE 1) General Responsibilities a. Irrigation shall be applied by the use of automatic or mechanical irrigation systems. The Contractor shall be responsible for providing appropriate supplemental irrigation when there is a system failure. The Contractor shall relieve stress in a landscape area by semi-automatically or manually running the irrigation systems. b. Newly planted trees, shrubs, ground cover and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal healthy growth. Proper berms or basins shall be maintained during the establishment period. c. Any damages to public or private property resulting from excessive irrigation water or irrigation water runoff shall be charged against the Contract payment unless immediate repairs are made by the Contractor to the satisfaction of the Director. 2) Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required as part of this contract, the Contractor shall: a. Not duplicate any coded City key furnished by the Parks, Recreation & Community Services Agency for access and operation of the controller. b. Surrender all keys furnished by the Parks, Recreation &Community Services Agency at the end of the contract period, or at any time deemed necessary by the Director to prevent serious loss to the City of Santa Ana. c. Protect the security of City property by keeping controller cabinet and building doors locked at all times. d. Refrain from using premises behind locked doors for storage of materials, supplies or tools, except as approved by the Executive Director. e. Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. 3) Water Conservation 25H-31 Page 18 of 41 The contractor shaft tum off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of EWA. a. When the Director acknowledges the necessity to tum on the water once again, all controllers shall be activated within twenty-four (24) hours. After 24 hours should the Contractor not tum irrigation systems back on, the Director may, at his discretion, elect to activate the controllers with City forces and deduct time plus overhead from the Contractor's monthly invoice. 4) Inspection and Reporting a. The Contractor shall physically inspect (by manual or semi- automatically running the Controller) the operation of all systems one (1) time per month. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capability, and make whatever adjustments necessary to prevent excessive overspray/runoff into street right-of-ways or other areas not intended to receive irrigation overspray/runoff. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunction due to attrition, vandalism, etc. b. A visual inspection by the Contractor's Irrigation Technician of all irrigated areas shall occur, more often, but not less than one (1) time per week. All automated irrigation areas not receiving full coverage shall be irrigated by a portable irrigation method. The contractor shall furnish alt hoses, nozzles, sprinklers, etc., necessary to accomplish this supplemental irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. c. Contractor shall submit an irrigation report to the Director every month. The report shall be of the format required by the Director and shall include, but not be limited to, controller location, type of controller, number of stations, run times for each station, turf or shrub irrigation and repairs made for each station and what maintenance is necessary to bring an irrigation system up #o full capability. 5) Repairs a. The Contractor shall be responsible for repairs to the irrigation system, from irrigation head to the water meter, when there is a system failure. Should the Director elect to have the Contractor _ repair any portion of the system from the remote control valve to the water rneter it will be considered extra work and the-City will 25H-32 Page 19 of 41 request a proposal (cost bid) from the Contractor to perform the work. The Contractor understands and agrees that the Director will approve in writing any extra work before the Contractor actually performs any work. H. HARDSCAPE MAINTENANCE 1) During each site visit, concrete (including stamped concrete) and asphalt areas, including, driveways, parking areas, sidewalks, PR&CSA roadways, patios shall be checked for hazards and blown clean daily. - All expansion joints and cracks are to be maintained free of weeds. - Dirt, litter, and other debris must be removed/blown off from al! paved areas on a daily basis. Inspect for safety hazards, including tripping hazards, holes, or other conditions. Immediately mitigate hazards, and then report them immediately to the Director. 2) Vacuums, blowers, sweepers or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstance be blown or otherwise swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. The City must approve any equipment that is used for cleaning hardscape. 4) Picnic facilities and park benches, including but not limited to picnic tables, benches, concrete pads and shelters shall be maintained in a safe and clean condition. 5) All picnic amenities and park benches shall be service daily to assure that all trash, debris, glass, staples, nails, tape, wire, etc. is removed. 6) All concrete picnic amenities, including but not limited to picnic tables, benches, pads, shelter posts, trash receptacles, shall be power washed with an approved high pressure steam cleaner, being careful not to damage the picnic amenities, once every six (6) months. 7) All wood picnic amenities shall be painted with an approved standard paint as often as necessary to maintain a clean and safe appearance. In addition, should the metal hardware attached to the picnic amenities need painting then the Contractor shall paint the metal hardware as well. 8) All parks with flag poles shall have an American flag flying at all times. The Contractor shall visually inspect the flag daily to assure it is in good condition. Should, in the opinion of the Contractor, the flag not be in a condition worthy of representing our country, he/she shall request from the Director immediately an new flag which the Contractor shall hoist -upon 25H-33 Page 20 of 41 receiving the new flag from the Director. In addition, should the flag pole, in the opinion of the Director need painting, then the Contractor shall paint the flag pole with an approved paint up to ten feet (10') above the ground. Should the Director wish to have the pole painted higher than the specified ten feet (10') level he/she may request a proposal from the Contrac#or. 9) All other painted park amenities, including but not limited to signs, light poles, entry gates, bollards, etc. shall be painted as necessary to assure a high quality appearance. All paint colors and product shall be determined by the Director. 10) Drinking fountains shall be clean, sanitized and unplugged daily. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are free of disease, mineral build up, sand and other debris which clogs drains, and that they are polished to the highest quality possible. 111 the Contractor shall be responsible for daily graffiti removal/over painting of park amenities, including but not limited to picnic benches, park benches, trash receptacles, drinking fountains, poles/posts up to ten feet high (10'), and playground equipment. The Contractor shall also be responsible for removing graffiti from park amenities having a protective ~ffiti coating and then reapplying an approved graffiti coating. 1~) The Contractor shall not be responsible for graffiti removal/over painting of park buildings, park walls, or picnic shelters above the ten foot height (10'). Furthermore, the Contractor shall not be responsible for graffiti removal on natural surfaces (concrete or other masonry surfaces that do not have a graffiti coating). PLAYGROUND/TOT-LOT AREAS 1) The Contractor shall be responsible for the weekly maintenance of all playground/tot-lot sand and rubberized areas to assure soft and debris free fall zones at all times. Maintenance shall include, but not limited to, loosening of compacted areas, regrading sand areas to level condition, (eliminating ruts, depressions, build up areas, etc. that may lessen the- safety of these areas should a fall occur), sifting of sand to assure that debris and any other foreign objects are removed, removal of weeds and other undesirable materials. Rubberized fall areas shall be cleaned of sand and debris daily being careful to re-use any sand that accumulates on the rubberized surtace. 2) The Contractor shall inspect footings weekly to assure that there is a minimum of 10" of sand cover. 3) Playground equipment shall be inspected weekly to assure safe and operable conditions. Should the Contractor discover an unsafe condition he/she shall contact the Direc#or immediately so the City can make the 25H-34 Page 21 of 41 necessary repairs. Safety conditions the Contractor shall consider during daily inspections are pinch points, sharp edges, lack of sand depth beneath equipment, splintering, loose connections, missing parts, etc. 4) The Contractor shall also inspect weekly playground/tot-lot amenities including but not limited to retaining wails (concrete, rock, wood, etc.), signage, bridges, etc. Should the Contractor find an unsafe condition they shall reported it to the Director immediately who then shall dispatch City forces to repair or correct the unsafe condition. 5) Should the Contractor determine during their weekly safety inspection that a portion of or all of the sand areas have eroded to below 10" in depth they shall notify the Director immediately who then shall take action to provide additional sand. Once the sand is delivered it shall be the Contractor's responsibility to spread the sand evenly over the area. H. GENERAL MAINTENANCE AND CLEAN-UP 1) The Contractor shall collect all clippings, trimmings, cuttings, rubbish and debris at all work sites and dispose of it in a lawful manner at the Contractor's expense daily. 2) All trash and debris shall be removed from all worksites daily. 3) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance, or prevent plants from being smothered by seasonal leaf drop. 4) After heavy windstorms, the entire area shall be cleaned of litter, fallen branches, etc., which are in excess of normal amounts. 5) The contractor shall keep sidewalks and paved areas in the medians swept and cleaned of any debris, weeds, dirt or soil at all times Drain inlets shall be cleaned on a regular basis to avoid flooding of areas during inclement weather. 6) The Contractor shall maintain drinking fountains in a clean, unplugged and operable condition. The Contractor to the Director for repair shall report any damage to or malfunction of drinking fountains for any cause promptly. a. OTHER REQUIREMENTS 1) Replacement of Plant Material a. The Contractor shall notify the Director within four (4) days of the loss of plant material due to any cause. 25H-35 Page 22 of 41 b. The Contractor shall remove trees, shrubs, turf or ground cover, which is damaged or lost due to any cause and provide the City a cost bid to replace the lost plant material unless the plant material was lost due to the Contractor's negligence. If the plant material is lost due to the Contractor's negligence he/she will replace the plant material at his/her cost with the same species and size of the3 existing plant material. The Director will determine the size lost -based upon the maturity of the expired existing plant material. c. In order to ensure maximum healthy growth and overall aesthetic appearance of planting in the work area, it may be desirable to replace certain plants. The Director shall determine the necessity or desirability of such plant replacement and request that the Contractor provide a cost bid. d. The Contractor shall replace, at Contractor's own expense, any turf, ground cover, shrubs, or other plant material requiring replacement through negligence resulting from contractor's failure to provide maintenance in accordance with the provisions of this agreement. These requirements are not to be construed as requiring the Contractor to replace plant materials due to conditions beyond the Contractor's control as identified in Section III (A) EXTRAORDINARY MAINTENANCE, but is to be considered strictly as a normal maintenance condition within accepted practice. It is the intention of the City to require a high level of quality in landscape maintenance compatible with standard practice. 2) New Construction a. Where new construction or redevelopment may involve a significant part of a work site, the Director may delete a portion of or the entire work site from contractual maintenance during the construction and plant establishment period. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the contractor. The amount of reduction will be based on the percentage of area involved and agreed upon by the City and the Contractor. 3) Inspection a. The Director shall inspect the work area to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract. However, this shall not be construed to relieve the contractor of the duty to provide continuous inspection and maintain name of the work area. The Contractor shall correct discrepancies and deficiencies in the work immediately. 25H-36 Page 23 of 41 4} Emergency Service a. Twenty-four hours per day, seven days per week, the Contractor shall be able to receive and respond to the City's call for emergency service. Response time shall be less than two hours to remove or eliminate a public safety hazard. Contractor shah provide the City with a local telephone number where Contractor can be contacted twenty-four hours per day, seven days per week. 13) New Maintenance Areas a. Additional routine maintenance may be added to this contract. Payment for add-on maintenance shall be computed on a square foot cost per the bid. 14) Arterial Sidewalk Maintenance a. Contractor shad remove weeds in the sidewalk and/or tree well areas, remove sucker growth on parkway trees, trim vines along walls so as not to allow plant material to impede pedestrian traffic or grown onto sidewalk areas, and remove any debris and trash daily. Contractor shall spray apre-emergent to discourage future weed growth. III. SPECIAL MAINTENANCE CONSIDERATIONS A. The Santa Ana Zoo animal collection wii{ have a variety of individual requirements regarding the maintenance around exhibits and in the vicinity of Zoo animals. Because exhibits change from time to time the Director will notify the Contractor of any specific maintenance requirements associated with any change in animal exhibits. The Contractor agrees to being flexible by changing maintenance practices andlor schedules as a condition of this agreement. IV. EXTRAORDINARY MAINTENANCE A. The addition of plant material, or the addition or repair of irrigation system equipment (from valve to water meter) with the exception of irrigation heads and lateral lines may be considered extraordinary maintenance if damage or malfunction is mainly caused by any of the following: (1) Acts of God (2) Civic Disorder (3) Vehicle Collision (4) Vandals (5) Excavation or re-surfacing of the street (6) Power failures (7) Underground wiring damage 25H-37 Page 24 of 41 B. Any minor upgrading work or installation, as directed by the Director, shat! also be paid to the Contractor as extraordinary. Any extraordinary maintenance requests from the Director shall be confirmed in wiring, accompanied with an estimate of cost within five (5) working days. The Contractor shall contact the Director regarding any extraordinary maintenance work and seek prior approval before the work is scheduled. The Contractor shall call the Director at least four (4) hours in advance before any extraordinary work is commenced. C. City shall pay for such extraordinary maintenance as follows: 1) Materials. The City shall pay to the Contractor for materials used in extraordinary maintenance of the Contractor's cost from the supplier plus the percentage specified in the Contractor's bid proposal. Ail materials and parts shall be new or approved by the Director if otherwise. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance. 2) Direct Labor. Contractor shall present with Contractor's monthly invoice a record of hours spent and locations serviced in extraordinary maintenance. City shall pay the Contractor for such hours of extraordinary maintenance at the rates specified on the Contractor's bid proposal. Said hourly rates shall be the total cost to City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of, worker for health and welfare, insurance, workers' compensation, pension, vacation, sick leave or any local, State, Federal or union tax or assessment 25H-38 Page 25 of 4I EXHIBIT A Routine Maintenance Locations (Includes all landscape and hardscape) SITE LOCATION Santa Ana Zoo In Prentice Park 1700 E. First Street (see map) EXHIBIT "B City of Santa Ana SANTA ANA PARK & RECREATION FACILITIES TREE PRUNING SPECIFICATIONS 25H-39 Page 26 of 41 DESCTIPTION Overview of Specifications, General Requirements .................. Certified Arborist, Specific Tree Pruning Specifications .............. Complete Tree Pruning Specifications ............................ Safety Tree Pruning Specifications ..................................... Power Line Clearance (PLC) Pruning Specifications ................ Palm Pruning Specifications ..................................... Unacceptable Pruning, Damage to Public or Private Property ..... . Public Safety and Cooperation, Site Cleanup, Time Completion .... Payments WithhelcUPenalties, Subcontractors, Additions/Deletions, Inspections, Billing, Contractor Qualifications .............................. . Extra Work, Protection of Existing Facilities and Structures.... . Contractor's Staff, Substitutions, Certification of Materials, Contractor neglect, Hours of Operation Sound Control, Traffic Control, Inquires and Complaints ......... Notification of Locations of Work ......... .............................. PAGE 1 2,3 3,4 4,5 5 5,6 l.o 6 INTR ODUCTION 7 Trees and other woody plants 8 respond in 9 specific end 1 0 predictable ways 11 to pruning and 12 other maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and enhance the beauty, structural integrity, and functional values of trees. 25H-40 Page 27 of 41 In an effort to promote practices, which encourage the preservation of tree structure and health, the following policies have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 1.01 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities (SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning. a. Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. b. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. c. Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. d. Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 1.02 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: a. Proper disposal of all tree debris generated. b. Assuring good traffic control and minimize disruption of the public. c. Assuring adequate safety of employees and the public. GENERAL REQUIREMENTS -continued Prior to starting any tree work on an SAPRF tree, SAPRF representative. Contact Mike Lopez, Park Office or 714/231-b112 cell phone. 1.03 CERTIFIED ARBORIST the Contractor must contact an authorized Services Superintendent at 714/571-4212 25H-41 Page 28 of 41 The Contractor shall employee afull-time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAP1tF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS a. AlI persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. b. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. c. When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so affected within a reasonable amount of time. d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce Iarge wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed. e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. f. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and/or pest problems shall be promptly reported to an authorized SAPIZF representative. g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or disease problems. h. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. SPECIFIC TREE PRUNING SPECIFICATIONS -Continued No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an authorized SAPRF representative, excepting live oaks, 25H-42 Page 29 of 41 which are limited to no more than ten (l0) percent. Resulting in keeping as much of the crown of the tree as possible. j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. k. Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structura tion of the tree by street address and a des nptionalof the hazard in writing, noting the loca found in the tree. 1. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty-five (65) feet in height. m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. 1.05 COMPLETE TREE PRUNING SPECIFICATIONS Complete tree pruning shall consist of the total removal of those dead or living branches as may threaten the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner as to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. c . Remove all broken or loose branches. d. Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 1) Branches, which rub and abrade a more important branch. 2) Branches of weak structure, which are not important to the framework of the tree. 3) Branches, which if allowed to grow, would wedge apart the junction of more important branches. 4) Branches forming multiple leaders in a single leader type tree. 5) Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 25H-43 Page 3U of 41 6) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl ". COMPLETE TREE PRUNING SPECIFICATIONS -Continued 7) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 8) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 9) Removal of branches, which project too far outward beyond an otherwise symmetrical form. e. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. f. Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. g. Obtain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. h. Remove all vines entwined in trees and on tree tnuiks. Vine tendrils shall be removed without injury to said trees. Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. j. Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 1.06 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of those dead or living branches as may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. Remove all broken or loose branches. 25H-44 Page 31 of 41 d. Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: - Limbs of weak structure or otherwise hazardous. SAFETY TREE PRUNING SPECIFICATIONS -Continued - Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. - Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized fines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines. b. Clear all branches that interfere with secondary electric lines within three {3) to five {5} feet. c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI 2133.1-1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 1.08 PALM PRUNING SPECIFICATIONS Palm pruning shall consist of the pruning of the following palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. 25H-45 Page 32 of 41 a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty-five (65} feet in height. PALM PRUNING SPECIFICATIONS -Continued d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a maximum of sixty- (60) inches length below the green fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appeazance throughout the entire length of the palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. e. All volunteer palm seedlings must be removed that are growing within the streets, pazkways, or setback dedicated areas. 1.09 UNACCEPTABLE PRUNING 'The following procedures, or others that will result in tree decline, are not allowed (storm damage and other extenuating circumstances exempted): a. Severe cutting back of all growing tips usually referred to as topping, pollazding, or hat racking. b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. c. Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth {1/4) inch beyond the zone of branch collar and branch bark ridge. d. Removal of a healthy main leader, for reasons other than power line clearance. e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 1.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty- eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall.repair such damage in a manner acceptable to the 25H-46 Page 33 of 41 City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler systems in City landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as soon as possible at Contractors expense. 1.11 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 112 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. b. All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation field controllers and similar facilities must remain accessible during the course of work. Noise levels, resulting from tree work operations, must be kept to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and 7:00 a.m. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday). Emergencies are exempt from any time restrictions. d. All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI 2133.]-1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. 1.13 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor`s responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a 25H-47 Page 34 of 41 safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. 1.14 TIME FOR COMPLETION If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 1.15 PAYMENTS WITHHELD/PENALTIES Should the Contractor fail to finish the work as agreed upon in these specifications the Contractor shall be chazged by SAPRF penalties in the amount of five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. Any amount so charged shall be deducted by the SAPRF from any monies which otherwise are or become payable to the Contractor. In case all the work called for is not completed in all parts .and requirements within the time specified, the SAPRF shall have the right to grant or deny an extension of time for completion, as may be seen best to serve the interests of the SAPRF. The Contractor shall not be assessed with penalties during the delay in the completion of the work caused be acts of God or of the Public Enemy, acts of the State, floods, epidemics, quarantine, restrictions, strikes, or unusually severe weather. The SAPRF representative will ascertain the facts and the extent of the delay, and their findings thereon shall be final and conclusive . 1.16 SUBCONTRACTORS Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to perform work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPI2F, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 1.17 ADDITIONS AND/OR DELETIONS OF WORK The 5APIZF representative reserves the right to add and/or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 1.18 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 19 BILLING Contractor shall submit a fully itemized bill listing each tree noting: a. Address (each tree). b. Type of tree. c. Date completed. d. Person completing the job. 25H-48 Page 35 of 41 e. Location of tree (front, side right, side left, rear) This information is vital to maintain the city's computerized tree inventory and management system. 2.00 CONTRACTOR QUALIFICATIONS All contractors are required to have a valid appropriate state contractor's license, current City of Santa Ana business license, City Attorney approved certificate of insurance and be knowledgeable in tree pruning and tree care prior to the commencement of any and all work. 2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The current edition of the "Green Book", Standard S ecifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications, unless otherwise directed in these specifications. 2.02 SPECIFICATIONS INTERPRETATION uestions The intent of these specifications is known by the City of Santa Ana and SAPRF. Any q relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the SAPRF sole discretion, and the Contractor shall abide by all such interpretations. 2.03 EXTRA WORK In the event the Contractor is required by the City to perform extra work, the following procedure shall govern such work: a. When required, by the SAPRF representative, anitemized estimate of cost will be submitted for approval prior to work being performed. The Contractor shall maintain records sufficient to distinguish the difference between direct cost and extra work. He shall furnish reports of extra work on forms, agreed upon and approved by the SAPRF representative, itemizing all costs for labor, materials and equipment rental. The report shall include hours worked and be in accordance with the following conditions: 1. Work will be executed under the direction of the SAPRF on a time and material basis or an agreed lump sum price depending on the nature of the work. 2. The SAPRF representative will issue a work request for such extra work to be performed. 3. Extra work will not be initiated without written authorization, except in emergency call-out situations. The SAPRF representative will solely define specific emergency situations. 4 _ Extra work may include, but is not limited to, the following: a). Repairs to landscaping, sprinkler systems, and/or facilities, unless damaged by Contractor. 25H-49 Page 36 of4t 2.04 PROTECTION OF EXISTING FACILITIES AND STRUCTURES The Contractor shall exercise due care in protecting from damage all existing facilities, strictures, and utilities, both above surface and underground on the City's property. Any damage to City, SAP1tF, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or SAPIZF shall make the determination of fault. The SAPRF representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. If the SAPRF representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. PROTECTION OF EXISTING FACILITIES AND STRUCTURES -continued Contractor shall call Underground Alert (8a0) 422-4133} at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the SAPRF representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized SAPRF representative for a timely resolution of the problem. 2.OS CONTRACTOR'S STAFF The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. A qualified, English speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the full-time certified arbonist. The Contractor shall furnish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and work procedures required by ANSI Z133.i-1994. The Contractor shall secure alI timekeeping, bookkeeping and other necessary clerical and office work required in the performance of the contract. The Contractor shall be responsible for the supervision of all of his crews. He shall check alI of his crews regularly for proper quantity and quality of work, proper maintenance of tools and equipment, and safety. 2.06 SUBSTITUTIONS Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.07 CERTIFICATION OF MATERIALS A11 materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the ARMD representative. The SAPRF representative will not approve materials 25H-50 Page 37 of 41 not meeting the SAPRF standards, and Contractor shall return any such non-satisfactory items at his/her cost. 2.08 CONTRACTOR NEGLECT Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 2.09 HOURS OF OPERATION The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. No work shall be performed on weekends or on City recognized holidays without written SAPRF approval. 2.10 SPECIFICATIONS AND PLANS The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case of conflict between the Standard Specifications and this Specification, this Specification shall take precedence over and be used in lieu of such conflicting portions. SPECIFICATIONS AND PLANS -continued Where the plans or specifications describe portions of work in general terms, but not complete detail, it is understood that workmanship of the finest quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and do all the work involved in executing the contract. 2.11 CONSTRUCTION EQUIPMENT The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 2.12 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 2.13 TRAFFIC CONTROL The Contractor shall notify the SAPRF representative of intent to begin the contract work at Least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the areas and shall make arrangements relative to keeping the working area safe and clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall iri all cases yield to public traffic.- All traffic delineation- and work area 25H-51 Page 38 of41 protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000 Edition. The Contractor shall make every effort to keep commercial driveways open during working hours. Should this not be possible, Contractor shall coordinate with the property owners affected to insure that designated times of ingress and egress is available. After working hours, all driveways shall be accessible with smooth and safe crossings through -any construction area (State of California Traffic Manual). 2.14 INQUIRIES AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, SAPRF, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the SAPIZF representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the SAPRF may deduct such cost from any amount due to Contractor from SAPRF. INOUIRIES AND COMPLAINTS -continued All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or SAPItF. If any complaint is not abated within a reasonable time, the SAPRF representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the SAPRF representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the SAPItF representative ,the SAPRF representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAP1tF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 2.15 NOTIFICATION OF LOCATIONS OF WORK The Contractor shall notify the SAP}2F representative when the contractor's crews will be working within the SAP1tF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. H:\MLOPEZIAGREEMENTS CONTRACTS & SPECIFICATIONS\SPECIFICATIONS\Tree Pruning Spec's.doc 25H-52 Page 39 of 41 EXHIBIT `C' ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION Annual Color Planting and Care Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a dept of 8° of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planning in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water in the plants to a depth of 5 inches immediately after planning for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: Spring/Summer -April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca roses (periwinkle) Zinnias, Marigolds • Fall/Vl/inter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Renunculus 25H-53 Page 40 of 41 Vandalism Contractor steal! check annual color beds weekly. If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged p{ants within 48 hours. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. 25H-54 Page 41 of 41 EXHIBIT 'D' FULLERTON COLLEGE HORTICULTURE DEPARTMENT CERTIFICATE OF PROFICIENCY IN LANDSCAPE IRRIGATION The Landscape Irrigation Certificate requires not less than 30 units. This includes 18 units of required courses, at least 6 units of Restricted Electives A and at least 6 units from either Restricted Electives A or Restricted Electives B. REQUIRED COURSES Course # Course Name Units 153 Landscape Irrigation 3 154 Irrigation Design 3 155 Soils 3 157 Irrigation Principles 3 162 Landscaping for dry Climates 3 218 Landscape Hydraulics 3 RESTRICTED ELECTIVES A Course # Course Name Units A100 Architectural Drafting 3 C06 Intro to Residential 2 Elec. &Plumbing sys. CG101 Computer Graphics 3 Or100 177 Turfgrass Mgmnt. 3 200 Landscape Design 3 219 CAD Applic. in Horf. 3 poadm/mlopezAandscape maintenance contract RESTRICTED ELECTIVES B Course # Course Name Units 165 Landscape Management 4 168 Landscape Construction 3 169E Landscape Construction Lab 1 170 Landscape Contracting 3 201 Advanced Landscape Design 3 25H-55 N wino O.-vv N m° N O h ~l O O ~ O ~ ~° In M w w w w w w w O O w d 6 O U N OJ t~ u~ t° e < N N O O N ~Q a U .c C Q .` - L N C LL I E 0 U 0 O C N ~ N m O O f ! 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H U O -~ ~ c9 c ~ ~ C7 ~ e D ~' `v m . 0 L ~ _ ~ o c t c O U P m . y < 0 ° ~ ~ d ~ O N o N ~ N I 1 O t n _ `o m a y = E ° a ~ i ~ m D am p°1 E w oai m v < ~ ~ ~ = N m C ~ Qp Q d - ~ N -`O. ~ ~ ~ d ~ Z ~ -1Oi d d d d d m n v V r ~ d - d m U O w w (7 S a -,Y O U C Q 25H-56 Page 8 of 8 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25H-57 25H-58 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: EMPOWERMENT ZONE MEMORANDUM OF AGREEMENT WITH HUD CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1ST Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Mayor to execute an amendment to the Memorandum of Agreement with the U.S. Department of Housing and Urban Development. DISCUSSION In January 1999, the City of Santa Ana received designation as a Round II Federal Empowerment Zone from the U.S. Department of Housing and Urban Development (HUD). Santa Ana was one of 15 cities in the nation, and the only city in California, awarded this urban zone designation. The City submitted a boundary modification request to HUD to expand the Empowerment Zone boundaries, specifically Developable Site #3, by 682.8 acres to allow for an increase in job opportunities for Zone residents. Additionally, the expansion would provide 1,230 businesses with the opportunity to utilize the federal tax incentives. Statutory regulations allow Round II Empowerment Zones to have up to three non-contiguous parcels, not to exceed 2,000 acres that may be developed for commercial or industrial purposes. Developable Site #3 was the only area that met the regulatory requirements for expansion. On July 1, 2008 HUD informed the City of its approval of the City's request for boundary modification. An amendment to the Memorandum of Agreement (Exhibit 1) has been prepared by HUD and requires the Mayor's signature. 251-1 Empowerment Zone MOA with HUD September 2, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJN/LAS/kcg 090208 EZ MOA with HUD 251-2 U.S. DEP:~R'r~IEN'T OF HOC'SINL AND URBAN DE~'ELOPJIEN'1' ,•# ~IIIIIII * 1b';\SI II\C;TON. DC '0310-7000 ~~R \tiSltil:\~I I tiP('Kla:\K1' PUIZ (1)~I~Atl'~Ill~ PI_:AA'~ING :AEI) I~[\PLt1CAII~N f i~`~~~~ ~ The Honorable Miguel A. Pulido Mayor of the City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Aua, California 92702 Dear Mayor Pulido: Thank you for your letter of June 24, 2008, in filll support of Linda Summers' letter dated June 5, 2008, requesting a modification to the Santa Ana Empowel•n~ent Zone's Developable Site #3 to include an additional 682.8 acres, and to withdraw the City's original request to modify Developable Site #1 as well. No modifications were requested for the Developable Sites identified as Site # 1 and #2. Thtls, the resulting size of all three sites, upon approval of the modification to Developable Site # 3, will be 1,742 acres. Reference the enclosed Exhibit A. Before addressing the details of the Department's review of your expansion request, I am pleased to notify you that your request to expand Developable Site #3 pursuant to 24 CFR § 598.425(b) has been approved. Our review of this request focused on the definition of a developable site as provided for in the Taxpayer Relief Act of 1997 which states that a Round II Empowerment Zone may have up to three noncontiguous parcels, not to exceed 2,000 acres, and that may be developed for commercial or industrial purposes. The map found at Exhibit B of your modification request identifies the exact locations of all three developable sites and clearly shows them as noncontiguous "parcels" within the meaning of the statutory definition. The attached Exhibit C showing the "Santa Ana Empowerment Zone Proposed Boundary Modification" for Site #3 supports the City of Santa Ana's contention that this expansion has a zero population; accordingly, HUD deems the Zone to have met the population requirements of 24 CFR § 598.100 (a). In seeking to expand the Zone, the June 5th letter highlighted the benefits that would accrue as a result of the expansion as well as successfill efforts to date in promoting the $1 1 billion tax incentive package to your business community. In this regard, the letter also summarizes the strides that the Santa Ana Empowerment Zone has made in using available federal tax incentives, such as the issuance of 1,662 wage credit affidavits representing $4.8 million in federal tax savings to your local businesses and the issuance of five Industrial Development Bonds totaling $27. I million. In her June 5th letter, Ms. Summers also notes that given the most current economic data, there is still a real need for increased job opportunities for Zone residents in Santa Ana. This is supported by a comparison of Santa Ana's 6.9 percent unemployment rate based on February 2008 labor force data for Local Workforce Investment Areas in California compared to the national rate of Exhibit 1 ~c~~~~.hudgo~' espanol.hud.gov 251-3 -4.` prruunt lur the sanrc pe'I"Il1d. 1'lllllltl"nle)I'C, lhe' request Icltcl' also points out that the expansion of Slle n; will pru~ ide l,~ ~-1 businesses in the expanded site with the opportunity to take adv.u~ta~e of the lcder,rl tax inrenti~ es, thereby, increasing the likelihood ufsustaining ecununric gru~~ th ~~ ithin the 7.unc. The .lone nth letter also notes that the espansiun ul~Sitc ~~ is in close proximity to thclone's residential areas Working it geu~~raphically accessible to "Lune residents in search oi~jubs. The City's analysis ol-businesses located In the expanded Deyelupablc Site ~ ~ ane} su--roundin~, areas ~yithin and outside of Census Tract 7-i 1.U(~ ~~ as basal on the ezistin~ City zoning district records. This analysis supports the: City's yie~y that the Site: ~ ~ expansion pl'CSe11IS an excellent nlatl'll for the t~~pe of labor force pool that is currently available in the Santa :4na Empo~yerment Zone residential areas. In closing, please have the authorizing officials sign the Amendment and express mail it to 'its. Pamela Giekas Spring, Director, Office of Community Rene~yal, 351 7th Street, SW, Room 7l ~0, ~b'ashin~ton, D.C. 201 U. Since the prompt execution of the enclosed Amendment is critical to the C'ity's implementation of the Zone's developable site plans, }have signed the Amendment befo--e the other authorized signatories. If you have questions regarding this matter, please feel tree to call !~•1r. Robert Duncan, Associate Deputy Assistant Secretary for Economic Development at ?U2-~}0?-qG~ 1. Sincerely, General Deputy Assistant Secretary for Conununity Planning and Development Enclosures 251-4 AMENDMENT #1 TO THE MEMORANDUM OF AGREEMENT Santa Ana, California Empowerment Zone This agreement (the "Amendment") amends the Memorandwn of Agreement for the Santa Ana, California Empowerment Zone, among the Department of Housing and Urban Development ("HUD"), the State of California and the City of Santa Ana (the "Nominating Entities"). WHEREAS, the Santa A~1a Empowerment Zone as originally designated by HUD consists of 1990 Census Tracts 744.03; 744.05; 745.01; 746.02; 748.02; 749.01; 749.02; along with three developable sites known as Site #1, Site #2 and Site #3; WHEREAS, Developable Site #3 has been expanded to include a total of 682.8 acres by means of a boundary modification request in accordance with 24 CFR 598.425(b); WHEREAS, developable sites are exempt from poverty criteria pursuant to 24 CFR 598.1 15 (a), but are subject to the population requirements of 24 CFR 598.100 (a); WHEREAS, Developable Site #3, totaling 682.8 acres has zero population, 24 CFR 598.100(a) is not applicable; WHEREAS, pursuant to 26 U.S.C. § 1391(g)(3)(A)(iii), 24CFR 598.3 and 24 CFR 598.115(c), an urban Round II Empowerment Zone may have up to three noncontiguous parcels that may be developed for commercial or industrial purposes, and that the total acreage of all three sites may not exceed a total of 2000 acres without regard to certain poverty rate requirements; WHEREAS, the Santa Ana Empowerment Zone has three noncontiguous developable sites and the total acres of all three developable sites, including the acres of the area of Developable Site #3, is 1,742 acres. Further, Site #3 is a commercial area containing an estimated 1,223 businesses that will have the opportunity to take advantage of the $11 billion tax incentive package available to EZ/RC businesses and has a zero population; WHEREAS, the Santa Ana Empowerment Corporation (SAEC) has affirmed that in February 2005, the Zone's governance board approved the expansion of Developable Site #3 where all governance board meetings are open to the public, and that the expansion has full community support. Further, this Developable Site #3 expansion is consistent with the HUD approved Santa Ana's Strategic Plan; WHEREAS, HUD has determined that the information furnished by the City of Santa Ana and the Santa Ana Empowerment Corporation Inc. is reasonably accurate and consistent with the forgoing findings; and f ^~' WHEREAS, HUD has, by letter dated' ~~'' `~~ ,modified the designation of the Santa Ana, California Empowerment Zone by expanding its boundary to include the expanded area of the Developable Site #3. 251-5 NOW, THEREFORE, in consideration of the mutual obligations effected by this Amendment, the parties agree as follows: HUD confirms and the Nominating Entities acknowledge, that the boundary of the Santa Ana, California Empowerment Zone has been expanded to include an addition to Developable Site #3 of 682.8 acres. All references in the Memorandum of Agreement to the Santa Ana, California Empowerment Zone, and all the obligations of the Nominating Entities stated in the Memorandum of Agreement that relate to the Zone shall be deemed to refer to and relate to the Santa Ana, California Empowerment Zone as expanded to include the expanded area of Developable Site #3. 3. Other than the modifications stated above, all of the provisions of the Memorandum of Agreement remain unchanged and in full force and effect. 4. of is AJUe~ndm~nay be executed in counterparts and shall be effective as U.S. Department of Housing and Urban Development Authorized Signature Title Date Nelson R. Bregon General Deputy Assistant Secretary for Community Planning and Development State of California Authorized Signature Title Date City of Santa Ana, California Authorized Signature Title Date 251-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: ONE-STOP OPERATOR FOR PROGRAM YEAR 2008-2009 CI MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve and authorize the City Manager and Clerk of the Council to execute an extension of the One-Stop Operator Memorandum of Understanding with the Santa Ana WORK Center for program year 2008-2009. WORKFORCE INVESTMENT BOARD ACTION At its regular meeting of May 9, 2008, by a vote of 21:0 (Beasley, Campanella, Gebre, Lacroix, Metzler, Novelo, Sanchez, Wadhera, Ward, and Zarate absent and Chen-Lee abstained), the Workforce Investment Board recommended approval of the Santa Ana WORK Center as the comprehensive One-Stop and requested a budget and participant plan be submitted by May 12, 2008. DISCUSSION The Santa Ana WORK Center was grand-fathered in as Santa Ana's comprehensive One-Stop in June 2000. The following year a full procurement process was conducted and the Santa Ana WORK Center was awarded the contract in June 2001. A Memorandum of Understanding between the Santa Ana WORK Center and the Workforce Investment Board (WIB) was approved by the WIB in January 2002. The WIB evaluates the performance of the Santa Ana WORK Center on an annual basis and has determined it to be "above average" and is, therefore, requesting City Council to extend its agreement for the program year 2008-2009. The WORK Center is primarily responsible for Adult and Dislocated Worker Programs as well as Rapid Response/Business Services activities. The performance results for the Santa Ana WORK Center are reported to the Board on an annual basis with quarterly updates provided as the data 25J-1 One-Stop Operator for PY 2008-09 September 2, 2008 Page 2 becomes available throughout the year. Santa Ana met or exceeded all of its performance goals for Program Year 2006-07 as documented below: Adults Proposed Goal Actual Entered Employment Rate 78.9 85.60 Retention Rate 81.6% 84.50 Credential Rate 58.0% 73.30 Average Earnings $11,900 $12,271 Dislocated Workers Proposed Goal Actual Entered Employment Rate 78.70 79.50 Retention Rate 64.Oo 92.2% Credential Rate 67.Oo 69.5% Average Earnings $14,000 $13,531 Staff is recommending that the WORK Center continue to operate as the comprehensive One-Stop for Santa Ana for PY2008-09. The Memorandum of Understanding is attached as Exhibit 1. FISCAL IMPACT There is no fiscal impact associated with this action. Cynthia J. Nel on Deputy City Manager for Development Services Community Development Agency CJN/LS/flj 090208 One-stop 25J-2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA, COMMUNITY DEVELOPMENT AGENCY (W/O/R/K CENTER) AND THE SANTA ANA WORKFORCE INVESTMENT BOARD I. PARTIES: This Memorandum of Understanding ("MOU") is hereby entered into by and between the City of Santa Ana, Community Development Agency, and its W/O/R/K Center ("W/O/R/K Center") aOne-Stop Operation, and the Santa Ana Workforce Investment Board ("SAWIB"). Each of the One-Stop Partners has signed an MOU with the W/O/R/K Center describing its specific responsibilities at the W/O/R/K Center. II. DURATION OF AGREEMENT: The initial term of this Agreement began on July 1, 2001 and may be extended through the mutual exercise of an option by the parties on an annual basis, unless terminated by either party with thirty days written notice to the other party. A copy of the minutes from the SAWIB meeting regarding the extension of this MOU shall be attached to this Agreement along with a copy of the W/O/R/K Center's approved annual budget and participant plans. III. PURPOSE: The purpose of this Agreement is for the Santa Ana W/O/R/K Center to provide a comprehensive One-Stop Center in response to the "Request for Proposals/Business Plans for One-Stop Service Center in Santa Ana" ("RFP") released on March 19, 2001. IV. RESPONSIBILITIES OF W/O/R/K CENTER: The WORK Center, through the combined efforts of the W/O/R/K Center partners which include the Employment Development Department, Orange County Social Services Agency, Rancho Santiago Community College District, Santa Ana Unified School District, Goodwill Industries, Santa Ana College, State Department of Rehabilitation, Boys & Girls Club of Santa Ana, City of Santa Ana Economic Development Department, ROP programs and several other agencies, shall provide the community with a variety of informational employment and training services based on individual needs. The responsibilities and duties of the W/O/R/K Center are set forth in detail in the "Proposal/Business Plan" response submitted by the W/O/R/K Center, dated April 27, 2001. V. AUDIT: The W/O/R/K Center agrees that if it receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, it shall ensure that the City of Santa Ana includes the WORK Center in its annual audit which shall be conducted by a 1 25J-3 Exhibit 1 certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. VI. PROHIBITION FROM DISCRIMINATION: The W/O/R/K Center, and all One- Stop Partners are prohibited from discrimination on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief. VII. FUNDING: The SAWIB anticipates allocating Workforce Investment Act funds to the WORK Center for the operation of the One-Stop Service Center each funding cycle. The W/O/R/K Center's Business Plan/Proposal shall remain in effect until such time as the SAWIB selects a different one-stop operator. VIII. MONITORING/OVERSIGHT: The SAWIB and its staff reserve the right to review and monitor all services funded under this MOU and the RFP. This includes all records, documents, polices and procedures or other data or documentation requested by the SAWIB, the State of California's Compliance Monitoring Section/Compliance Review Division and the Department of Labor. The W/O/R/K Center Director shall be responsible for internal monitoring of its programs, services, cash management, procurement, and property inventory as well as the monitoring of any services, programs or projects that are contracted to program operators and/or consultants. All WIA funding received by the City of Santa Ana will be included in the annual audit completed by an outside auditing firm for the City. IX. PERFORMANCE GOALS: SAWIB shall establish annual performance goals for the W/O/R/K Center for adults and dislocated workers based on the common measures established for the Local Workforce Investment Area (LWIA) Said performance goals shall be renegotiated between the parties hereto once the SAWIB has negotiated with the State for each year. X. GOAL TRACKING: All partners in the One-Stop Delivery system have agreed to work toward the development of common performance goals and measures that will be in alignment with the stated goals of the workforce investment system. The W/O/R/K Center will work very closely with the local business community to assure placement goals will be met. The W/O/R/K Center will collect feedback from employers, analyze the information, and implement strategies for improvement. Further, in partnership with the Santa Ana Economic Development Division, the WORK Center will conduct an annual Business Forum to obtain input on current met or unmet employment and training needs. These Business Forums will ensure that outreach and marketing efforts are meeting the needs of the local businesses. XI. DISPUTE RESOLUTION: The parties hereto shall first attempt to resolve all disputes informally at the lowest level starting with the site supervisor and staff. If dispute resolution is not accomplished, any party may call a meeting of the parties to formally discuss and resolve all disputes. Should the parties fail to resolve the dispute, the dispute shall be referred to the Chair of the SAWIB, who shall place the dispute upon the agenda of a regular or special meeting of the WIB'S Executive 2 25J-4 Committee. The Executive Committee shall mediate the dispute and shall have final authority to resolve the issue. XII. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in full force and effect. XIII. MODIFICATION/TERMINATION: This MOU, along with all exhibits thereto, constitutes the entire agreement between the parties. This MOU may be modified, altered, revised, extended or renewed by mutual written consent of the parties, by the issuance of a written amendment, signed and dated by all parties. Updates to the budget and goals shall be made annually by the W/O/R/K Center, with approval of the SAWIB. Participation in this MOU may be terminated by giving no less than thirty (30) calendar days' prior written notice of intent to terminate to the other party. XIV. ASSIGNABILITY: None of the duties of, or work to be performed by, any of the parties hereto shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of each party hereto. All subcontracts and other agreements that relate to this MOU must be submitted and reviewed by each party hereto. XV. RECORDS RETENTION: All accounting records and evidence pertaining to all costs related to this MOU and all documents related to this MOU shall be kept available for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this MOU, or (b) costs and expenses of this MOU to which the W/O/R/K Center, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. The W/O/R/K Center shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three-year period from and after the effective date of this Agreement. XVI. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The One-Stop Partners and/or the SAWIB will disclose to the City any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy-four (74) days of invention, development or assembly. The City, State of California, and U.S. Department of Labor (DOL) will have the right to patent any invention and copyright any written product or computer program or data generated by any of the One-Stop Partners, subcontractors, and/or the SAWIB. Upon written request, all pertinent information, specifications and right, title and interest shall be transferred to the designated agency. Each One-Stop Partner shall be notified of the City's requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under any contract with the W/O/R/K Center. 3 25J-5 XVII. INVENTIONS, PATENTS AND COPYRIGHTS A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the One-Stop Partner/SAWIB shall report the fact promptly and fully to the CITY. The One-Stop Partner/SAWIB shall report the fact to the Grant Officer at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rights in the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright-able material is developed in the course of or under a DOL Grant or agreement, the City and the author that developed the work is free to copyright material or to permit others to do so. The One-Stop Partner and the SAWIB shall have a royalty-free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support; and (c) Each One-Stop Partner and the SAWIB shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the City shall have unlimited rights to any data first procured or delivered under this Agreement. XVIII. CLEAN AIR/CLEAN WATER; If the grant hereunder exceeds $100,000, Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended, must be adhered to. Under these laws and regulations, assurances will be made to the following effect: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; 4 25J-6 (b) Notification will be made prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) Notification will be made to the CITY and the EPA about any known violation of the above laws and regulations. All parties are in agreement with this Memorandum of Understanding and will implement it as herein stated. Cynthia J. Nelson, Deputy City Manager Date for Development Services City of Santa Ana Michael Hood, Chair Date Santa Ana Workforce Investment Board APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney BY: Lisa E. Storck Assistant City Attorney 5 25J-7 WIA BUDGET PLAN SUMMARY PY 08-09 Dislocated Rapid AC~u~t Workers Youth Response Allocation Cost Totals Plan 1. Program Services Total (A+B+C+D+E) 1,133,237 576,447 TBD TBD 1,709,684 A. Core Self-Services B. Core Registration Services 140,370 63,287 203,657 C. Intensive Services 561,477 253,150 814,627 TBD D. Training Services 207,520 168,570 376,090 E. Other 223,870 91,440 TBD TBD 315,310 2. Administration (not to exceed amt. 67,776 10,313 TBD 78,089 approved by WIB) TOTAL (1+2) 1,201,013 586,760 TBD TBD 1,787,773 Expenditure Plan (Cumulative) 1. September 2008 ~ 420,355 ~ 234,704 2. December 2008 ~ 600,507 ~ 352,056 3. March 2009 ~ 960,810 ~ 510,481 4. June 2009 ~ 1,201,013 ~ 586,760 Comments: • Youth and Rapid Response funding will be added at a later date. • Both EDD and the WORK Center are required to track and report their funds separately under the integration plan. Therefore, this funding plan only covers WIA funded activities at the WORK Center even though the participant plan incorporates the joint efforts of both WIA and EDD staff. 5-13-08 25J-8 ADULT PARTICIPANT PLAN PY 08-09 5-12-08 ~RO~GRAM SERVICE PLAN Se t 2008 Dec 2008 Mar 2009 June 20Q9; 1. TOTAL PARTICIPANTS (Lines 2+3) 1050 2100 3360 4200 2. Partici ants Carried-In 30 30 30 30 3. New Participants 1020 2070 3330 4170 ACTIVITY PLAN 4. Core Self-Service 1050 2100 3360 4200 5. Core Services (Re istered) 945 1890 3024 3780 6. Intensive Services 850 1701 2721 3402 7. Trainin Services 40 55 62 70 .EXIT STATUS 8. Total Exiters (9+12) 735 1470 2352 2940 9. Entered Employment 441 882 1411 1764 10. Trainin Related 12 16 26 33 11. Entered Postsecondary/ Advanced/ Credential Program N/A N/A N/A N/A 12. Exited for Other Reasons 294 588 940 1176 DISLOCATED WORKER PARTICIPANT PLAN PY 08-09 PROGRAM SERVICE PLAN Se '`t 2008 Dec 2008 Mar 2009 June 2009 2. TOTAL PARTICIPANTS (Lines 2+3) 450 900 1440 1800 2. Participants Carried-In 49 49 49 49 3. New Participants 401 851 1391 1751 ACTIVITY PLAN 4. Core Self-Service 450 900 1440 1800 5. Core Services (Re istered) 405 810 1296 1620 6. Intensive Services 364 729 1166 1458 7. Training Services 40 50 55 62 EXIT STATUS 8. Total Exiters (9+12) 315 630 1008 1260 9. Entered Ein to vent 189 378 605 756 10. Trainin Related 8 13 17 22 12. Entered Postsecondary/ Advanced/ Credential Pro ram N/A N/A N/A N/A 12. Exited for Other Reasons 126 252 403 504 Note: This plan reflects the anticipated participant service levels under the integration plan in both core and intensive activities. 25J-9 25J-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA STATE PARKS RECREATIONAL TRAILS PROGRAM ,/ % CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submittal of a grant application in the amount of $38,000 to the California Department of Parks and Recreation Recreational Trail Program for the Fisher Park Nature Trail Project. DISCUSSION The Recreational Trails Program is a state-administered local assistance program of the United States Department of Transportation's Federal Highway Administration (FHA). The FHA provides funds annually to trail- related facilities within California. Approximately $6 million will be available this funding cycle for non-motorized projects. The application requires a 12-percent match of non-state money. The matching funds are available in the City's park acquisition and development fund. Applications are due on October 1, 2008. The Parks, Recreation and Community Services Agency proposes to submit an application for the Fisher Park Nature Trail Project. The Trail will be developed near the butterfly and bird habitat proposed alongside the Santiago Creek in the southern edge of Fisher Park. The project scope includes the installation of a decompose granite walking trail, landscaping, irrigation and interpretive signage. The trail will provide residents with recreational as well as educational opportunities at Fisher Park. FISCAL IMPACT Ther is no fiscal impact associated with this action. ~dM•Gera do, Mouet, `` Exec tive Director Parks, Recreation and Community Services Agency 55A-1 Resolution No. 2008- issosizoios A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM TO DEVELOP THE FISHER PARK NATURE TRAIL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" provides funds to the State of California for Grants to federal, state, local and non-profit organizations to acquire, develop and/or maintain motorized and non-motorized trail Projects; and B. The State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing Project Application under the program; and C. Said procedures established by the State Department of Parks and Recreation require the City of Santa Ana to certify by resolution the approval of Application(s) before submission of said Application(s) to the State; and D. The City of Santa Ana will enter into an Agreement with the State of California to complete the Project. Section 2. The City Council approves the filing of an application for the Recreational Trails Program, in the amount of $38,000, to develop the Fisher Park Nature Trail; and Section 3. The City Council certifies that the Project is consistent with the City's general plan; and Section 4. The City Council certifies that the City has or will have available prior to commencement of any work on the Project(s) included in this application, sufficient funds to operate and maintain the Project(s); and Resolution No. 2006- Page 1 of 2 55A-2 Section 5. The City Council certifies that the City has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and Section 6. The City Council appoints the City Manager, or the Executive Director of the Parks, Recreation and Community Services Agency or their designee(s), as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project. Section 7. The City Council agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN Councilmembers NOT PRESENT Councilmembers Resolution No. 2006- Page 2 of 2 55A-3 CERTIFICATE OF ATTESTATION & ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008 - to be the original resolution adopted by the City Council of the City of Santa Ana on . Date: Clerk of the Council, City of Santa Ana Resolution No. 2006- Page 3 of 2 55A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: RESOLUTION SUPPORTING RECYCLING AT CITY FACILITIES AND AT CITY SPONSORED EVENTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve a resolution adopting a recycling policy for city facilities and for city sponsored/permitted events and large venues. DISCUSSION The City has recycling containers in many of its facilities. However, there are a number of buildings and large venues where recycling containers are not available and city personnel and members of the public are unable to recycle their bottles and cans. The proposed resolution would establish a policy which includes having recycling containers placed next to trash containers in all city facilities and at large venues. In addition, the operator of any event sponsored or permitted by the City will be required to have recycling containers and to implement a system for recycling the materials and reporting the recyclables diverted. The Finance and Management Services Agency will be responsible for implementing and coordinating recycling activities in city facilities. The Parks, Recreation and Community Services Agency will be responsible for implementing and coordinating recycling activities at the large venues and at city sponsored or permitted events. ENVIRONMENTAL IMPACT Recycling increases the life of the landfills and assists the City in meeting its recycling requirements. FISCAL IMPACT The cost to add additional containers in city facilities is estimated at $3,000. The cost to add more permanent, concrete recycling containers in 55B-1 Resolution Supporting Recycling September 2, 2008 Page 2 City parks and at the Stadium is estimated at $109,400. Unspent grant funds from the Department of Conservation can be used to pay for the containers. Funds are budgeted in the refuse and recycling activity (account no. 69-521-6291.) APPROVED AS TO FUNDS AND ACCOUNTS: ~ SS ` C~ l~~ -James G. Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency 55B-2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A POLICY TO ENCOURAGE RECYCLING AT CITY FACILITIES AND CITY SPONSORED EVENTS issosi2oios BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City of Santa Ana's participation in and promotion of recycling strategies can significantly reduce the volume of material entering the waste stream, conserve valuable resources, and is a method available to all its citizens to help improve the environment; and B. The City of Santa Ana is dedicated to promoting the message that recycling is an effective resource management technique and to setting an example of resource management by promoting recycling in city buildings and at community events; and C. Assembly Bill 2176 (2004) encourages recycling at large venues and events and requires reporting on the success of waste diversion programs, including recycling; and D. The City of Santa Ana sponsors and permits many community events each year, at which a significant amount of recyclable material is discarded. Section 2. The City Council of the City of Santa Ana hereby adopts a recycling policy which includes: A. Containers for recycling of bottles and cans will be placed in all common areas in City facilities, including parks, conference rooms and entrances to City buildings, in the area where trash receptacles are located. B. The operator of any event sponsored by the City, or held pursuant to a City issued permit, which generates solid waste such as beverage containers, will be required to place recycling containers for bottles and cans in the area where the required trash receptacles are located, and to develop and implement a plan for sorting and recycling the materials collected in such containers. Resolution No. 2008-XXX 55B-3 Page 1 of 4 Additionally, the event operator will be required to provide a weight or cubic yardage receipt for the recyclables from the receiving waste hauler, service charity, recycling center or other such entity verifying that the materials will not be disposed in a landfill. C. Large venues, such as the stadium, Bowers Museum and Santa Ana Zoo, owned by the City of Santa Ana shall locate recycling containers for bottles and cans in public areas where trash receptacles are located, implement a plan for sorting and recycling the materials collected and provide weight or cubic yardage receipts for the recyclables from the receiving waste hauler, service charity, recycling center or other such entity verifying that the materials will not be disposed in a landfill. D. Coffee houses located in the City of Santa Ana will be encouraged to develop and implement a plan to recycle newspapers and magazines, including the provision of containers to separate recyclable paper materials from solid waste generated on site. Section3. The City Council shall receive a copy of the City's annual report to the California Integrated Waste Management Board, documenting the City's recycling activities at large events and large venues throughout the year. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney Resolution No. 2008-XXX 55B-4 Page 2 of 4 AYES: NOES: Councilmembers: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORGINALITY I, PATRICIA E. HEALY, Clerk of attached Resolution No. Council of the City of Santa Ana on the Council, do hereby attest to and certify the to be the original resolution adopted by the City Date: Clerk of the Council City of Santa Ana 55B-5 Resolution No. 2008-XXX Page 3 of 4 55B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA STATE PARKS HABITAT CONSERVATION FUND GRANT PROGRAM :' ~ ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submittal of a grant application in the amount of $75,000 to the California State Parks Habitat Conservation Fund Program for the Santiago Creek Butterfly and Bird Habitat Project. DISCUSSION The Habitat Conservation Fund Program was established under the California Wildlife Protection Act of 1990 and provides grant funds for the enhancement, restoration and interpretation of riparian habitats throughout the State. Approximately $2 million will be available this funding cycle. The grant application requires a 50-percent match of non- State money, which is available in the City's park acquisition and development fund. Applications are due on October 1, 2008. The Parks, Recreation and Community Services Agency proposes to submit an application for the Santiago Creek Butterfly and Bird Habitat. The habitat will be located at the southern edge of Fisher Park adjacent to the Santiago Creek bed. The project is an effort to create and maintain a thriving natural habitat that will attract rare and endangered butterfly and bird species. The project scope includes the removal of non-native vegetation, elimination of invasive species, and planting of native plants and flowers. FISCAL IMPACT There is no fiscal impact associated with this action. Gera do Mouet, Execu ive Director Parks, Recreation and Community Services Agency 55C-1 Lss08/20/08 Resolution No. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE HABITAT CONSERVATION FUND PROGRAM FOR THE SANTIAGO CREEK BUTTERFLY AND BIRD HABITAT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire, enhance, restore or develop facilities for public recreation and fish and wildlife habitat protection purposes; and B. The State Department of Parks and Recreation has been delegated the responsibility for the administration of the Habitat Conservation Fund (HCF) Program, setting up necessary procedures governing Project Application under the HCF Program; and C. Said procedures established by the State Department of Parks and Recreation require the applicant City to certify by resolution the approval of Application(s) before submission of said Application(s) to the State; and D. The City will enter into a Contract with the State of California to complete the Project(s); Section 2. The City Council approves the filing of an Application for the Habitat Conservation Fund Program in the amount of $75,000; and Section 3. The City Council certifies that: 1. The City has or will have available, prior to commencement of any work on the Project included in this Application, the required match and sufficient funds to complete the Project; and 2. The City will have sufficient funds to operate and maintain the Project(s), and 3. The City shall prepare, with full public participation, a management plan for lands that have been acquired with HCF funds, which plan 55C-2 shall reasonably reduce possible conflicts with neighboring land use and landowners, including agriculturists, and 4. The City has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and Section 4. The City Council delegates authority to the City Manager or the Executive Director of the Parks, Recreation and Community Services Agency to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project. Section 5. The City Council agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. Adopted this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN Councilmembers NOT PRESENT Councilmembers 55C-3 CERTIFICATE OF ATTESTATION & ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008 - to be the original resolution adopted by the City Council of the City of Santa Ana on Date Clerk of the Council, City of Santa Ana 55C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2008 TITLE: BIENNIAL REVIEW OF CITY'S CONFLICT OF INTEREST CODE w ~~ TY MANA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution amending the Conflict of Interest Codes of Certain City Agencies and Departments. DISCUSSION The California State Government Code specifies that local agencies must review their Conflict of Interest Codes each even-numbered year. Changes to the codes must be adopted by the City Council as the code reviewing body for City agencies and departments. Pursuant to State requirements, we have reviewed the Code for each City agency. The City's Code has been revised to include new positions added since the last code review, and to delete positions that have been eliminated or whose duties do not include making or participating in governmental decisions. FISCAL IMPACT There is no fiscal impact associated with this action. ~ - Patricia E. Healy Clerk of the Council 55D-1 RESOLUTION 2008-XXX issoa~2s~oa A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The various offices, agencies and departments of the City of Santa Ana have maintained Conflict of Interest Codes pursuant to the Political Reform Act of 1974 (California Government Code sections 81000 et seq.) since the enactment of that law. B. The last comprehensive revision of the Conflict of Interest Code of the various offices, agencies and departments of the City is set forth in City Council Resolution No. 2006-074, adopted October 16, 2006. C. Certain agencies and departments of the City now desire to amend the conflict of Interest code set forth in Resolution No. 2006-074. D. It is the intention of the City Council of the City of Santa Ana that this resolution supersede and replace Resolution No. 2006-074. Section 2. That the persons holding designated positions as defined in Exhibit A, attached to and made part of this resolution, shall file statements of economic interest pursuant to the requirements of the City's Conflict of Interest Code. Section 3. That the disclosure categories as defined in Exhibit B are attached to and made a part of this resolution. Section 4. This resolution shall supersede and replace Resolution No. 2006- 074. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution 2008-XXX Page 1 of 8 55D-2 ADOPTED this 2"d day of September, 2008 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Stitt Sheedy Assistant City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on September 2, 2008. Date: Patricia E. Healy Clerk of Council City of Santa Ana Resolution 2008-XXX Page 2 of 8 55D-3 CITY OF SANTA ANA CONFLICT OF INTEREST CODE Exhibit B This Conflict of Interest Code is adopted for the City of Santa Ana, California, pursuant to the Political Reform Act of 1974 (California Government Code, Sections 81000 g.). It consists of the model code set forth in Regulation 18730 of the Fair Political Practices Commission, incorporated herein by reference, together with the following Appendix: DESIGNATED EMPLOYEES DISCLOSURE CATEGORY Office of the Citv Manager City Manager Assistant City Manager 1 Executive Director of External Affairs 1 Assistant to the City Manager 1 Consultant** 1 Office of the Clerk of the Council Clerk of the Council 1 Chief Assistant Clerk of the Council 1 Office of the Citv Attorne City Attorney Chief Assistant City Attorney 1 Senior Legal Management Assistant 4 Senior Assistant City Attorney 1 Assistant City Attorney 1 Deputy City Attorney 1 Community Development Aaenc Deputy City Manager for Development Services 1 Housing Division Manager 1 Economic Development Manager 1 Assistant Director of Community Development 1 Downtown Development Manager 1 Housing Programs Coordinator 2, 4 Senior Residential Construction Specialist 2 Senior Housing Specialist 2 Housing Specialist I 2, g Housing Specialist II 2, g Loan Specialist 2 Redevelopment Program Manager ~, 2 Resolution 2008-XXX Page 3 of 8 55D-4 Redevelopment Project Manager III 1 Redevelopment Project Manager II 2 Redevelopment Project Assistant 4 Senior Community Development Analyst 2 Economic Development Specialist III 2 Economic Development Specialist II 2 Employment Services Fiscal Specialist 4 Housing Authority Coordinator 2, 4 Housing Authority Operations Supervisor 4 Workforce Specialist III 4 Workforce Specialist IV 4 WORK Center Coordinator 4 Senior Management Analyst 4 Senior Management Assistant 4 Community Development District Manager 1 Management Analyst 2 Management Aide 2 Finance & Management Services Agenc Executive Director Assistant Director of Finance & Management Services ° r e fi :^ ~C 1 ~ i tt g- a~ag Supervising Accountant - ~- ~ Administrative Services Manager 1 Treasury Manager 1 Purchasing Supervisor 3, 5, 7 Supervising Buyer 3, 5, 7 Buyer 3, 5, 7 Storekeeper ~~+itd+~ ~ai~t S + t d~~+ 3 g w~a~se- u~er r} ~ Facilities Maintenance Superintendent ~--~ 3, 5 Business Tax Collector/Inspector 1 Revenue Supervisor 1 Information Services Manager 3 Fleet Equipment Supervisor 3 Corporate Yard Facilities/Fleet Services Mgr. 3 Central Services Supervisor 3 Budget and Research Manager 1 Resolution 2008-XXX Page 4 of 8 55D-5 Fire Department Fire Chief 1 Deputy Fire Chief 1 Firefighters (Underground Tanks) 2, 6 Fire Marshal 1 Fire Battalion Chief 1 Fire Safety Analyst 6 Fire Safety Specialist I, II, & III 6 Library Department Library Director 1 Parks, Recreation and Community Services Executive Director 1 Assistant Director of Parks, Recreation & Community 1 Services Agency Park Maintenance Superintendent 4, 5, 7 Zoo Manager 4, 5, 7 Recreation Superintendent 4, 5, 7 Community Affairs Manager 1 Administrative Services Manager 1 Senior Management Analyst 1 Personnel Services Department Executive Director 1 Assistant Director of Personnel Services 1 Benefits & Compensation Manager 1 Risk Manager 1 Liability Claims Coordinator 1 Worker's Compensation Administrator 4 Personnel Operations Manager 1 Planning and Building Aaenc Executive Director 1 Assistant Director of Planning and Building 1 Deputy Building Official (New Construction) 1 Deputy Building Official (Plan Check) 1 Planning Manager 1 Principal Planner 2, ~ Principal Plan Check Engineer 2, 7 Supervisor of Inspections 2, 6, 7 Resolution 2008-XXX Page 5 of 8 55D-6 Building Safety Manager 1 Community Preservation Manager 4eFGee~l+~a~er~ 1 Community Preservation Coordinator 1 Senior Building Inspector 6 Senior Plumbing Inspector 6 Senior Electrical Inspector 6 Senior Combination Building Inspector 6 Senior Community Preservation Inspector 6 Senior Planner 2 Associate Planner 6 Assistant Planner I 6 Assistant Planner II 6 Landscape Development Associate 6 Senior Electrical Systems Specialist 6 Electrical Plan Checker 6 Senior Plumbing/Mechanical Systems Specialist 6 Building Inspector 6 Plumbing Inspector 6 Administrative Assistant II 4, 7 Management Analyst 4, 7 Combination Building Inspector 6 Electrical Inspector g Plumbing/Mechanical Inspector 6 Permit Technician g Permit Supervisor 2, 7 Senior Plan Check Engineer 2, 7 Associate Plan Check Engineer 2, 7 Assistant Plan Check Engineer I 2, 7 Assistant Plan Check Engineer II 2, 7 Community Preservation Inspector 6 Police Department Police Chief 1 Police Captain 1 Police Lieutenant 1 Police Fiscal Officer 1 Police Property & Facilities Manager 1 Jail Administrator 1 Police Communications Manager 4 Police Records Manager 4 Resolution 2008-XXX Page 6 of 8 55D-7 Police Technology & Support Administrator 1 Public Works Aaenc Executive Director 1 Water Resources Manager 1 City Engineer 1 Principal Civil Engineer 2, 5, 7 Senior Civil Engineer 2, 5, 7 Senior Engineer 2, 5, 7 Senior Land Surveyor 2, 5, 7 Public Works Maintenance Manager 1 City Traffic Engineer 2, 5, 7 Senior Transportation Analyst 2, 5, 7 Transportation Manager 1 Projects Manager 2, 7 Administrative and Enterprise Services Manager 1 Board/Commissions Community Redevelopment & Housing Commission Members 1 Environmental/Transportation Advisory Committee Members 1 Historic Resources Commission 1 Personnel Board 1 Planning Commission Workforce Investment Board 1 * The City Manager, City Attorney, Executive Director of Finance & Management Services Agency and Planning Commissioners file Economic Disclosure Form 700 with the Fair Political Practices Commission per Government Code Section 87200. ** City Consultants shall be included when the City Manager determines in writing that a particular consultant is hired to perform duties that would constitute a "designated position". Such written determination shall include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements. The determination by the City Manager is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Resolution 2008-XXX Page 7 of 8 55D-8 City of Santa Ana Conflict of Interest Code Exhibit B Disclosure Category 1: Full Disclosure Persons in this category shall disclose all applicable investments, business positions, income, any interests in real property located in the City or within a two mile radius of the City, and, any interests in property owned or used by the city- Disclosure Category 2: Decision-Making Authority Affecting Real Property Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which engage in land development, construction, or the acquisition or sale of real property; also reportable are all interests in real property located in the City and within a two mile radius of the City or of any property owned or used by the City. Disclosure Category 3: City-wide Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the City. Disclosure Category 4: DepartmentlDivision Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the designated employee's agency, department, or division Disclosure Category 5: Public Works/Construction Projects Responsibilities Persons in this category shall disclose all interests in and income from businesses engaged in construction, landscaping, street repair, traffic signal installation or modification or the supply of materials for any of the above. Disclosure Category 6: Regulatory Power Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from any source which is subject to the regulatory, permit, or licensing authority of the designated employee's agency, department or division, Disclosure Category 7: Planning and Engineering Persons in this category shall disclose all applicable investment, business positions, and income, including loans and gifts, from any source engaged in engineering, planning, and design services Resolution 2008-XXX Page 8 of 8 55D-9 55D-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBR 2, 2008 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2008-02 AND CONDITIONAL USE PERMIT NO. 2008-23 TO ALLOW THE CONSTRUCTION OF A COMMERCIAL BUILDING AT 520 SOUTH HARBOR BOULEVARD - CAL- CITY CONSTRUCTION, INC., APPLICANT CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For^ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve and adopt a Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-02. 3. Adopt a resolution approving Conditional Use Permit No. 2008-23 as conditioned. PLANNING COMMISSION ACTION On August 11, 2008, the Planning Commission recommended that the City Council approve and adopt a Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87, adopt an ordinance approving Zoning Ordinance Amendment No. 2008-02, and adopt a resolution approving Conditional Use Permit No. 2008-23 as conditioned by a vote of 7:0 to allow the construction of a two-story medical and commercial development with restaurant use at 520 South Harbor Boulevard in the North Harbor Specific Plan (SP2) zoning district. The Planning Commission made no changes to the staff report as proposed. The Commission made two recommendations to staff relating to landscaping and window material. The Commission recommended that staff work with the applicant to install larger canopy trees that will provide additional shade and serve as a buffer against the adjacent residential uses. Additionally, the Commission recommended that the applicant utilize an alternative material or color for the proposed vinyl windows located on the second story of the building. Staff will work with the applicant to address the recommendations. 75A-1 Zoning Ordinance Amendment No. 2008-02 Conditional Use Permit No. 2008-23 September 2, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Ja M. Trevino Executive Director Planning & Building Agency PG:rb pg\reports\zoa08-02cup08-23 Harbor Medical Plaza.cc 75A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 11, 2008 TITLE: PUBLIC HEARING - FILED BY CAL-CITY CONSTRUCTION, INCORPORATED FOR ZONING ORDINANCE AMENDMENT NO. 2008-02 AND CONDITIONAL USE PERMIT NO. 2008-23 TO ALLOW THE CONSTRUCTION OF A COMMERCIAL BUILDING AT 520 SOUTH HARBOR BOULEVARD Prepared by Pedro Guillen k~.u.. Executive irecto RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO 1`~.vl.' Planning Manager 1. Approve and adopt a Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-02. 3. Adopt a resolution approving Conditional Use Permit No. 2008-23 as conditioned. DISCUSSION Request of Applicant Cal-City Construction, Inc. is requesting approval of Zoning Ordinance Amendment No. 2008-02 and Conditional Use Permit No. 2008-23 to allow the development of a medical and commercial building at 520 South Harbor Boulevard. Property Description The subject site is a 2.27 acre rectangular shaped lot located at the northwest corner of Harbor Boulevard and McFadden Avenue. The site is currently occupied by an existing auto sales business located on the eastern portion of the site and vacant agricultural land on the west portion (rear) of the site. The site is located within the North Harbor Specific Plan (SP2) zoning district and has a General Plan land use designation of General Commercial (GC). Surrounding land uses include EXHIBIT A 75A-3 Zoning Ordinance Amendment No. 2008-02 Conditional Use Permit No. 2008-23 August 11, 2008 Page 2 commercial and multiple-family residential to the north; commercial, single-family and multiple-family to the south; commercial uses to the east; as well as single and multiple-family residential to the west (Exhibits 1 and 2). Project Description The applicant is proposing to construct a 44,511 square foot two-story commercial building with 23,469 square feet located on the first floor and 21,042 square feet on the second floor. The building will include 8,882 square feet of retail space, 2,696 square feet for restaurant use, 28,968 square feet for medical use and 3,965 square feet of covered walkways on the first floor. The proposed building will also include a 35,917 square foot subterranean parking area (Exhibits 3 through 6). A total of 247 parking spaces will be provided, with 147 stalls on the surface and 100 spaces provided in the subterranean parking area. Per the Santa Ana Municipal Code, the project will require 174 spaces for the medical use, 44 spaces for the retail use and the restaurant use will require 27 spaces, totaling 245. As proposed, the project is over-parked by two spaces and meets the on-site parking requirements. The architectural design of the building reflects a Spanish style design with high quality materials and finishes (Exhibits 7 through 12). The exterior design elements proposed for the building include a fine sand finish, decorative hanging exterior lights and mission style clay roof tile. Additionally, decorative wood columns, wood rafters and wood lattice are proposed at the second floor elevations. As well, the applicant has provided an outdoor plaza area adjacent to the west portion of the building. In September 2007, this project was reviewed as a study session item by the Planning Commission. The Commission's comments pertained to the need for high quality signage, the provision of courtyard space and ensuring adequate parking for the site. The submitted project has incorporated the Commission's comments into the final design of the project. A sign program will be created that incorporates a high-quality and uniform design that will avoid the appearance of sign clutter on the building. Additionally, the sign program will be created to reduce visual impacts to the surrounding residences. The proposed courtyard space as well as the driveway entrance and front paseo walkway area will encompass elements of textured and colored decorative paving to soften the hardscape appearance 7 5A-4 Zoning Ordinance Amendment No. 2008-02 Conditional Use Permit No. 2008-23 August 11, 2008 Page 3 of the project. Teak wood furnishings will also be provided in the courtyard space. The landscape design incorporates trees, shrubs and ground cover in multiple colors and in a layered effect to create a high quality visual result. The proposed landscape design enhances the quality of the project by framing and softening the appearance of the building, providing shade and buffering it from the adjacent residences. Analysis of the Issues The applicant is proposing to develop an underutilized parcel of land within the North Harbor Specific Plan. The North Harbor Specific Plan encourages high quality development by focusing land uses into specific commercial activity areas. The Specific Plan is divided into seven land use activity areas to clearly reflect the intended character of the zone. The subject parcel has two land use designations within the Specific Plan, General Commercial and Single-Family Residence. The subject parcel is approximately 600 feet deep, with the front 300 feet having a designation of General Commercial and the rear 300 feet having a Single-Family Residence designation. The proposed commercial development is allowed on the front half of the site; however, it is not allowed in the rear portion as it is zoned for residential use. When taking into account that the site is one parcel and is not likely to be developed with two separate and different uses at the front and rear and residential would not be viable since it would be landlocked and have no street frontage, it is recommended that the land use designation for the rear of the site be changed to General Commercial (Exhibits 13 through 15) The change in the land use designation to general commercial will allow the ability to create a consistent and well integrated development project and enhance the character along Harbor Boulevard. As well, it will provide the opportunity for development that supports uses to the other focused project areas in the Harbor Specific Plan. Additionally, a conditional use permit to allow restaurant uses is required. Section 3.5.2 of the Specific Plan requires the approval of a conditional use permit for restaurants and eating establishments. The intent of the conditional use permit is to ensure that uses comply with the goals and objectives of the North Harbor Specific Plan. The proposed project includes 2,696 square feet of restaurant space on the first floor of the building. The restaurant use will be consistent with the Harbor Specific Plan and several policies of the General Plan. 75A-5 Zoning Ordinance Amendment No. 2008-02 Conditional Use Permit No. 2008-23 August 11, 2008 Page 4 Policy 2.2 of the Land Use Element encourages commercial land uses in adequate amounts to accommodate the City's needs for goods and services. The restaurant will provide an additional destination for neighboring businesses and residents seeking additional eating establishments. Policy 2.5 of the Land Use Element encourages projects that balance economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. In addition, the proposed development complies with Policy 5.5 of the Land Use Element which encourages projects that are compatible with and supportive of surrounding land uses. The project has been designed to comply with the development standards of the North Harbor Specific Plan. Further, conditions of approval have been included to minimize potential impacts on the adjacent property owners. The development of this underutilized parcel will enhance the economic stability of the area and will improve Harbor Boulevard's urban design by re-enforcing and establishing a district character. Based upon the analysis of the project, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2008-02, Conditional Use Permit No. 2008-23 as conditioned and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87 (Exhibits 16 through 18). CEQA Compliance In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87 has been prepared for this project. The Mitigated Negative Declaration evaluated the proposed project's effect on several environmental topics. The key findings of the document determined that less than significant effects would be created when incorporating mitigation measures relating to aesthetics, air quality, noise, transportation and traffic. All other topics evaluated determined that the project would have no impact or less than a significant impact. To address possible light impacts on the neighboring residential uses, mitigation measures have been created requiring the installation of directional lighting to avoid spillover light. Possible air quality impacts will be addressed by requiring exposed surfaces on the site to be watered two times daily and requiring machine equipment to be located as far away from residence as possible. Additional mitigation measures have been added to limit noise impacts by limiting construction operation hours from 7:00 a.m. to 8:00 p.m. daily. As well, mitigation 75A-6 Zoning Ordinance Amendment No. 2008-02 Conditional Use Permit No. 2008-23 August 11, 2008 Page 5 measured have been added to require mufflers on equipment and require stockpiles and fixed noises to be located away from residences. Additionally, except for emergency signals, no noise producing signals will be allowed. Finally, mitigation measures have been created requiring the preparation of a traffic management plan during construction to address possible traffic issues and provide information identifying detours, lane closures and warning signs. The mitigation measures placed on the project will ensure that all possible impacts identified will be reduced to less than a significant level. ~/ Pedro Guillen Associate Planner 'V Vince Fre so, P Principal P anner PG: jm pg\reports\zoa08-02cup08-23 Harbor Medical Plaza.pc 75A-7 J LJ ~ sTN sT - -- -- ---- , - FOURTH ST~~r ~~ ~ -- sTN sT R2 Al . 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COMMERCIAL INDUSTRIAL TOWN x _- ~ ~ ~ HOMES' ~, t` u x n w ENTERTAINMEN S/NGLB FAMILY RHS. ,~ GENERAL ~ ~' COMMERCIAL ~' ,_ ~: " z. :n, 111 ~ i1*~. EXH~'~42'~ NORTH HARBOR SPECIFIC PLAN Figure 3.1 North Harbor Specific Plan Emphasis Zones 12 ~~ Zoning Ordinance Amendment No. 2008-02 Conditional Use Permit No. 2008-23 August 11, 2008 Page 1 of 2 Findings of Fact A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed restaurant use will add an additional service to the existing community by providing an additional location for existing residents and business to eat. This will provide patrons with the convenience of purchasing food, while waiting for medical appointments or shopping at the proposed retail uses. Policy 2.2 of the Land Use Element encourages commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Additionally, the inclusion of conditions of approval will help to ensure that the applicant will operate the project in a manner that will not create additional problems for the neighboring residents and Police Department. In addition, the proposed development complies with Policy 5.5 of the Land Use Element that encourages projects that are compatible with and supportive of surrounding land uses. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed restaurant use will not be detrimental to persons residing or working in the area because of placement conditions of approval on the project. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The restaurant use will be a supportive use and provide additional dining and eating opportunities for the neighboring area and will not create any negative impacts to the surrounding residences and commercial businesses. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project will not negatively affect the economic stability of the surrounding area. Policy 2.5 of the Land Use Element encourages projects that balance economic and fiscal benefits of commercial development with its impacts on the quality of life 7316 Zoning Ordinance Amendment No. 2008-02 Conditional Use Permit No. 2008-23 August 11, 2008 Page 2 of 2 in the City. A restaurant will not affect the surrounding neighborhood or City. The addition of the restaurant space will create an additional service for the surrounding residential and commercial neighborhoods. The conditions of approval will help to mitigate any potential problems and will minimize the possibility of the restaurant affecting the economic stability for the area. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project is a new development and will be in complete compliance will applicable regulations and standards specified in Chapter 41. In addition, conditions of approval will be placed on the conditional use permit to ensure compliance with City standards. The proposed project complies with the intent of the City's codes and the intent of the North Harbor Specific Plan goals and objectives. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not have adverse affects on the General Plan as it is permitted in the General Commercial land use designation. Policy 2.2 and 2.5 of the Land Use Element encourage commercial land uses in adequate amounts to accommodate the City's needs for goods and services and encourages projects that balance economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. The proposed use will give the neighborhood an additional restaurant use to purchase food. Additionally, Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The proposed project is located within an existing commercial corridor and the addition of the restaurant use will not affect the General Plan of the City. 75A-24 AUGUST 11, 2008 PAGE 1 OF 5 Conditions for Approval Should Conditional Use Permit No. 2008-23 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 06-43). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to final issuance of a building permit, a sign program shall be submitted to the Planning Division for review and approval. 4. Construction areas shall receive appropriate routine maintenance to reduce unnecessary debris piles. 5. Construction areas shall have appropriate erosion and dust control programs in place. 6. Construction lighting shall be limited to safety and security and directed to minimize light and glare impacts to any adjacent sensitive receptors. 7. The proposed project will comply with the design standards outlined in the City of Santa Ana's North Harbor Specific Plan. AUGUST 11, 2008 PAGE 2 OF 5 8. For the proposed commercial building, subterranean parking, and surface parking lot, all lighting shall comply with all City zoning, building, and NHSP design guidelines and will utilize directional and/or shielded lighting in order to minimize spillover effects to adjacent vicinities. The applicant will provide the City, for their approval, a lighting plan with a photometric study that shows the point- by-point foot-candle layout to 20 feet outside the property line (NHSP 6.2.3). Additionally, all new projects shall provide an ornamental night lighting plan, prepared by an electrical engineer, and approved by the building, planning, and police departments (NHSP 6.2.3). 9. The applicant shall apply soil stabilizers to inactive areas; water exposed surfaces two times a day to reduce air quality impacts from construction related activities. 10. The applicant shall apply position equipment staging areas away from the sensitive receptors to reduce air quality impacts from construction related activities. 11. If human remains are unearthed during construction, work shall cease immediately and the County Coroner shall be contacted to make necessary findings as to the origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American decent, the NAHC shall be notified. The NAHC will identify the ancestry of the remains and determine which course of action should be taken in addressing the findings. 12. If the temporary structures are to be demolished, then as a condition of approval for the project, an asbestos containing materials survey will be performed by a qualified environmental professional before any demolition permit is issued. Said survey will adhere to federal, state, and local regulations and will be sent to the City for approval. If the survey finds ACMs in the temporary structures, then those materials containing ACMs will be removed and disposed of in accordance with federal, state, and local laws and regulations. 75A-26 AUGUST 11, 2008 PAGE 3 OF 5 13. If lead-based paint is discovered during on-site investigations, all building materials containing lead-based paint will be removed, transported, and disposed of at landfills that meet acceptance criteria for the waste being disposed. Demolition and removal shall be performed in conformance with federal, state, and local laws and regulations pertaining to lead based paint. 14. As part of the design for the proposed project, a Water Quality Management Plan (WQMP) will be prepared and implemented. The WQMP will include structural and nonstructural Best Management Practices (BMPs), which will avoid or minimize, to the greatest extent possible, the impacts associated with the daily operation of the project site. 15. The proposed project will require a National Pollution Discharge Elimination System (NPDES) permit and will require the preparation of a Stormwater Pollution Prevention Plan (SWPPP) incorporating BMPs to reduce Stormwater impacts during construction. 16. Construction activities shall comply with the applicable local jurisdiction's construction noise requirements. The City of Santa Ana Noise Ordinance prohibits construction activities between the hour of 8:00 p.m. and 7:00 a.m. Monday through Saturday, anytime on Sundays, and federal holidays. 17. All noise-producing project equipment and vehicles using internal combustion engines shall be equipped with mufflers and air-inlet silencers, where appropriate, in good operating condition that meet or exceed original factory specifications. Mobile or fixed "package" equipment (e.g., arc-welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment. 18. All mobile or fixed noise producing equipment used on the project, which is regulated for noise output by a local, state, or federal agency, shall comply with such regulation while in the course of project activity. 19. All material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise sensitive receptors. 75A-27 AUGUST 11, 2008 PAGE 4 OF 5 20. The applicant shall locate fixed noise generating equipment as far from noise sensitive land uses as practical to avoid unnecessary annoyance from construction noise. 21. The hours of construction, including noisy maintenance activities, shall be restricted to the periods and days permitted by the City of Santa Ana Noise Ordinance. 22. The loudest construction activities, such as concrete breaking and jack hammering, shall be limited to the middle of the day when the sensitivity to such noises will be at its lowest. 23. Noise producing signals, including horns, whistles, alarms, and bells shall be used for safety warning purposes only. 24. No project related public address or music systems shall be audible at any adjacent receptor. 25. If complaints arise, the contractor shall initiate a construction noise-monitoring plan to ensure the construction noise levels at the nearest noise sensitive land uses are within the limits of the noise ordinance. 26. Use of temporary noise barriers shall be considered where project activities and equipment is unavoidably close to noise sensitive receptors. 27. The use of on-site trailers and containers as temporary barriers between any fixed construction noise source and nearby sensitive receptors shall be used to avoid unnecessary annoyance from construction noise. 28. The proposed project will implement a Traffic Management Plan (TMP) to be prepared, in consultation with the City of Santa Ana, prior to construction. The TMP shall consist of prior notices, adequate sign-postings, detours, and temporary driveways, if required. Adequate access shall be maintained at all times to and from existing driveways serving adjacent land uses. Proper detours and warning signs shall be established to ensure public safety. The TMP shall be devised so that construction will not interfere with any emergency response or evacuation plans. The TMP shall specify construction routes so that construction workers and vehicles will travel non-residential street, as practical. 75A-28 AUGUST 11, 2008 PAGE 5 OF 5 B. Police Department 1. Subterranean parking to be equipped with a rolling overhead grille equipped with an Emergency Knox Access System. 2. Parking garage design: Each door within the structure leading into a stairwell, lobby, and storage area must be outfitted with a 100 square inch rated window. Convex mirrors minimum of 12 -inch in diameter must be provided at each stairwell landing and at each corner along a walkway. The area underneath the last flight of each stair must be fully enclosed at its base. Elevator lobbies must be glass encased (glass entry doors) to provide the user with maximum visibility. Elevations of the glass-encased lobby are to be submitted for review and approval prior to installation. Elevator lobbies must open directly into the parking garage. Elevators are to be equipped with a minimum 12-inch shatterproof convex mirrors or are to have mirrored backing. 3. One State licensed uniformed security guard will be required of the exterior of the property seven days a week, twenty-four hours a day. 4. Underground parking garage elevator lobby to be glass encased to provide maximum visibility. 75A-29 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero CITY OF SANTA ANA PLANNING 8 BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 • Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 www.santa-ana.org CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Harbor Medical and Retail Center Project Project Description: The proposed project consists of the following: The proposed project involves the construction of a 45,744 square foot, two- story commercial building with retail and medical offices and a surface and subterranean level parking garage to accommodate 247 parking spaces on-site. Additionally, the project requests to amend the zoning ordinance to allow ancillary parking area in the Single-Family Residential District and a Conditional Use Permit to allow eating establishments within the North-Harbor Specific Plan area. Project Location: 520 South Harbor Boulevard, Santa Ana, California. Project Number: Conditional Use Permit 2008-23 and Zoning Ordinance Amendment 2008-02. Public Review Period: July 11, 2008 to July 30, 2008 Hearing Date: August 11, 2008 Hearing Location: City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92702 The Mitigated Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Mitigated Negative Declaration to the City on or before July 30, 2008. Please direct your comments to: Environmental Coordinator, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Pedro Guillen at (714) 667- 2729. EX~~~~ 0 Harbor Medical and Retail Center Initial Study/Mitigated Negative Declaration Prepared for: City of Santa Ana, Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 Santa Ana, CA 92702 Contact: Pedro Guillen, Associate Planner (714)667-2729 Prepared by: URS Corporation 2020 East First Street, Suite 400 Santa Ana, CA 92706 Contact: Court Morgan (714) 835-6886 July 2008 75A-31 tvSA r:JR h"iguzl ,~ Pulido - FA~'f RJR ?RCS TcF.9 ~laud+a J .%tvare~ ,tiGJNCIL h'~7'~S P {:avid 9eravxies ..ar'r.~ 9ustamante 1 Mid F~'~•~e~ `.'recent F Sarmienlc Sal 'iratzrc K „~ ~' ~ ~~ 3avid h.. Ream Clr r' :,T' ORFdE;, Joe~ph ~. J Belcher CLERK OF THE CGUNCfL ^~aMea E Hraiy CITY OF SANTA ANA PLAtJNfNG & BIHLDtNG AGENCY '' vi~~ic. Center P a`a (M-2l}f FU E©xy'91?S •$8nt@:~na. Ca+;fomia ~~?QC Gi f_ih?-~71]i] Fax t714j y?3-l~0' ~n~a~vr.s<nnta-ana ory MITIGATED NEGATIVE DECLARATION Pursuan# to the Procedures of the City of Santa Ana for lmplementaUon of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described i3elow: Project Nwnber. Conditional Use Pem~it 2008-23 Zoning (ordinance Amendment 2008-02 Applicant: City of Santa Ana Project Location /Address: 520 South Harbor Boulevard. Santa Ana, California Project Title I Description: The proposed project invoh~res the construction of a A5,74~ square foot, two-story commercial buildFng with retail and medFCal offMCes and a surface and subterranean level parking garage to accommodate 2d7 parking spaces on-site. Additionally, the project requests to amend the zoning ordinance to allow ancillary parking area in the Single-Family Residential Dis#nct and a Conditional Use Permit to allo~~,~ eating establishments within the Narth-Hartaor Specific Plan area. And does hereby find: That although the proposed project could have a significant effect on the en•w~ironment. there will not be a significant effect in this case because of revisions to the project and mitigation measures placed on the project. and agreed to by the applicant, reduce each impact to bebw a level of signifi Signature: Date: ` ~ s iota Planner Thrs determFnatiai is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. t ~ 75A-32 t TABLE OF CONTENTS SECTION PAGE CHAPTER 1 INTRODUCTION AND OVERVIEW .....................................................5 OVERVIEW ................................................................................................................5 AUTHORTTY ............................................................................................................ ..5 SCOPE OF THE IS/1VIND ........................................................................................... ..6 IMPACT TERMINOLOGY ........................................................................................... ..6 IS/MND ORGANIZATION ........................................................................................ ..7 CHAPTER 2 PROJECT DESCRIPTION ..................................................................... ..8 PROJECT OVERVIEW ............................................................................................... ..8 PROJECT LOCATION ................................................................................................ ..8 EXISTING CONDITIONS AND SURROUNDING LAND USES ......................................... 11 PROJECT'S RELATIONSHIP TO GENERAL PLAN AND ZONING ................................... 16 CHAPTER 3 ENVIRONMENTAL CHECKLIST ....................................................... 18 AESTHETICS ............................................................................................................ 34 AGRICULTURAL RESOURCES ................................................................................... 36 AIR QUALITY .......................................................................................................... 37 BIOLOGICAL RESOURCES ........................................................................................ 41 CULTURAL RESOURCES .......................................................................................... 42 GEOLOGY AND SOII..S .............................................................................................. 43 HAZARDS AND HAZARDOUS MATERIALS ................................................................ 46 HYDROLOGY AND WATER QUALITY ....................................................................... 48 LAND USE AND PLANNING ...................................................................................... 52 MINERAL RESOURCES ............................................................................................. 52 NOISE ...................................................................................................................... $2 POPULATION AND HOUSING .................................................................................... 60 PUBLIC SERVICES .................................................................................................... 61 RECREATION ........................................................................................................... 62 TRANSPORTATION AND TRAFFIC ............................................................................. 62 UTII.TTIES AND SERVICE SYSTEMS .......................................................................... 66 MANDATORY FINDINGS OF SIGNIFICANCE .............................................................. 68 CHAPTER 4 MITIGATION MONITORING PLAN AND REPORT ......................70 INTRODUCTION .......................................................................................................70 PROJECT OVERVIEW ...............................................................................................70 MONITORING AND REPORTING PROCEDURES ..........................................................71 MITIGATION MONITORING PLAN IMPLEMENTATION ...............................................71 CHAPTER 5 REFERENCES .........................................................................................80 PRINTED REFERENCES ............................................................................................BO WEB STTES ..............................................................................................................81 CHAPTER 6 LIST OF PREPARERS ...........................................................................82 i Initial Study/Mitigated Negative Declaration Harbor Medical and Retail Center 7 5A 3 3 July 2008 LIST OF FIGURES FIGURE 1 -REGIONAL LOCATION MAP .................................................................................9 FIGURE 2 - VICINITY MAP ....................................................................................................1~ FIGURE 3 -SURROUNDING LAND USES ..............................................................................12 FIGURE 4 -PROPOSED SITE PLAN ........................................................................................13 LIST OF TABLES TABLE 1 -DAILY CONSTRUCTION EMISSIONS REGIONAL SIGNIFICANCE ............................ 38 TABLE 2 -DAILY CONSTRUCTION EMISSIONS LOCALIZED SIGNIFICANCE .......................... 39 TABLE 3 -DAILY OPERATIONAL EMISSIONS -REGIONAL SIGNIFICANCE ........................... 39 TABLE 4 -DAILY OPERATIONAL EMISSIONS -LOCALIZED SIGNIFICANCE .......................... 4~ TABLE S -AMBIENT NOISE EXPOSURE LEVEL GUIDELINES ................................................ 53 TABLE 6 -AMBIENT NOISE ORDINANCE LEVEL GUIDELINES .............................................. 54 TABLE 7 -LONG TERM NOISE MEASUREMENT SUMMARY .................................................. 54 TABLE S -SHORT TERM NOISE MEASUREMENT DATA ........................................................ SS TABLE 9 -COMMON PARKING FACILITY NOISE LEVEL ....................................................... 58 TABLE 10 -SUMMARY OF PEAK HOUR INTERSECTION OPERATION EXISTING CONDTTIONS ................................................................................................................ 63 TABLE 11 -LEVELS OF SERVICE DESCRIPTIONS FOR SIGNALIZED INTERSECTIONS ............. 63 TABLE 12 -SUMMARY OF PEAK HOUR INTERSECTION OPERATION OPENING YEAR CONDITIONS WITHOUT PROJECT ................................................................................. 64 TABLE 13 -SUMMARY OF PEAK HOUR INTERSECTION OPERATION OPENING YEAR wlrH PROJECT ............................................................................................................. 64 TABLE 14 -PARKING REQUIREMENTS .................................................................................66 TABLE 1 S -MITIGATION MONITORING PLAN ......................................................................72 LIST OF PHOTOS PHOTO 1 -ONE OF TWO MOBILE HOME-TYPE STRUCTURES ON THE MCFADDEN AUTO SALES STTE ...........................:............................................................................ 11 PHOTO 2 -VIEW LOOKING NORTH ALONG HARBOR BOULEVARD WITH MCFADDEN AUTO SALES SITE ON LEFT ......................................................................................... 14 PHOTO 3 -VIEW LOOKING SOUTH ALONG HARBOR BOULEVARD, MCFADDEN AUTO SALES SITE ON RIGHT ................................................................................................. 1 S PHOTO 4 -VIEW FROM MCFADDEN AUTO SALES SITE TOWARDS ROW CROPS LOOKING SOUTHWEST ................................................................................................ 15 PHOTO S -VIEW OF ROW CROPS AND MULTIFAMILY HOUSING LOOKING WEST ................ 16 LIST OF APPENDICES APPENDIX A -LIST OF TECHNICAL STUDIES BOUND SEPARATELY ...........................83 ii Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 75A-34 1 LIST OF ACRONYMS AND ABBREVIATIONS 1 ACMs AQMP Asbestos Containing Materials Air Quality Management Plan Basin South Coast Air Basm BMPs Best Management Practices ' Cal OSHA California Occupational Safety and Health Administration CCR California Code of Regulations CEQA California Environmental Quality Act City City of Santa Ana CMP Congestion Management Plan CNEL Community Noise Equivalent Level ' CO Carbon Monoxide CUP Conditional Use Permit dBA A-weighted sound level (decibels) FEMA Federal Emergency Management Agency FIIZM Flood Insurance Rate Map FMMP Farmland Mapping and Monitoring Project GC General Commercial ICU Intersection Capacity Utilization ' IS Initial Study LOS Level of Service mgd million gallons per day MMP Mitigation Monitoring Plan MND Mitigated Negative Declaration MWD Metropolitan Water District ' MRZs Mineral Resource Zones NESHAPS National Emission Standards for Hazardous Air Pollution NHSP North Harbor Specific Plan NPDES National Pollution Discharge Elimination System 03 Ozone OCTA Orange County Transit Authority OCSD Orange County Sanitation District OCWD Orange County Water District ' OSHA PMIO Occupational Safety and Health Administration Particulate matter 10 microns in diameter or less PM2,5 Particulate matter 2.5 microns in diameter or less ' PCBs RCPG Polychlorinated Biphenyls Regional Comprehensive Plan and Guide RWQCB Santa Ana Regional Water Quality Control Board t SCAG SCAB Southern California Association of Governments S h C Ai B i out oast r as n 1 iii Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 7 5A-3 5 J LIST OF ACRONYMS AND ABBREVIATIONS (CONY) SCAQMD South Coast Air Quality Management District SMARA Surface Mining and Reclamation Act of 1975 SR-57 State Route 57, Orange Freeway SR-55 State Route 55, Newport Freeway SR-22 State Route 22, Garden Grove Freeway STC Sound Transmission Class SWPPP Stormwater Pollution Prevention Plan TIA Traffic Impact Study WQMP Water Quality Management Plan iv Initial Study/Mitigated Negative Declazation Harbor Medical and Retail Center 7 5A 3 6 July 2008 I~ 1 i~ Introduction and Overview Overview Chapter 1 The City of Santa Ana (City) has prepared this Initial Study (IS) and proposed Mitigated Negative Declaration (MND) to evaluate the potential environmental consequences associated with the development of the Harbor Medical and Retail Center. The proposed project consists of the development and construction of a 45,744 square foot, two-story commercial building, with a mix of retail (8,880 square feet), restaurant (2,724 square feet), and medical office uses (28,775 square feet). Additionally, the project includes 147 surface and 100 subterranean parking spaces to accommodate 247 vehicles (245 spaces are required by the Zoning Code) on a site that currently incorporates a car sales lot and a field with row crops. A zoning ordinance amendment is required in order to allow for an ancillary parking area in the Single-Family Residential District and a Conditional Use Permit (CUP) is required to allow eating establishments within the North-Harbor Specific Plan area. The project site is located at 520 South Harbor Boulevard on the western-side of South Harbor Boulevard between West Camille Street to the north and West McFadden Avenue to the south. As part of the City permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). The initial study is a preliminary analysis prepared by the lead agency to determine whether an environmental impact report or a negative declaration is required. If the initial study concludes that the project may have a significant effect on the environment, an environmental impact report must be prepared. Otherwise, a negative declaration or a mitigated negative declaration is prepared. The information in this initial study and related special studies supports the conclusion that a mitigated negative declaration is the appropriate CEQA compliance document. Authority The preparation of an IS/MND is governed by two principal sets of documents: CEQA (Public Resources Code Section 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations Section 15000, et seq.). Specifically, Section 15063 of the State CEQA Guidelines and Sections 15070-15075 of Article 6 guide the process for the preparation of a negative declaration or a mitigated negative declaration. Where appropriate and supportive to an understanding of the issues, references will be made to either the statute, the State CEQA Guidelines, or appropriate case law. This IS/MND, as required by CEQA, contains 1) a project description; 2) a description of I the environmental setting, potential environmental impacts, mitigation measures for any significant effect, and consistency with plans and policies; and 3) names of preparers. 5 Initial Study/Mitigated Negative Declaration July 2008 ' Harbor Medical and Retail Center 7 5A 3 7 The mitigation measures included in this IS/MND are designed to reduce or eliminate the potentially significant environmental impacts described herein. Where a mitigation ''~ ' measure described in this document has been previously incorporated into the project, either as a specific feature of design or as a mitigation measure, this is noted in the discussion. Mitigation measures are structured in accordance with the criteria in Section 15370 of the State CEQA Guidelines. Scope of the IS/MND This IS/MND evaluates the proposed project's effects on the following resource topics: • Aesthetics ' • Agricultural Resources • Air Quality ' • Biological Resources • Cultural Resources ' • Geology and Soils • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise ' • Population and Housing • Public Services ' • Recreation • Transportation and Traffic ' • Utilities and Service Systems ' Impact Terminology The following terminology is used to describe the level of significance of impacts: • A finding of No IMPACT is appropriate if the analysis concludes that the project would not affect the particular topic area in any way. I • An impact is considered LESS TITAN SIGNIFICANT if the analysis concludes that it would cause no substantial adverse change to the environment and requires no mitigation. r ~ s Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 7 5A 3 8 1 t • An impact is considered LESS THAN SIGNIFICANT IMPACT WITH MITIGATION INCORPORATION if the analysis concludes that it would cause no substantial adverse change to the environment with the inclusion of environmental commitments or other enforceable measures that have been agreed to by the applicant. • An impact is considered POTENTIALLY SIGNIFICANT if the analysis concludes that it could have a substantial adverse effect on the environment. For the proposed Hazbor Medical and Retail Center project, no impacts were determined to be potentially significant. IS/MND Organization The contents and format of this report are designed to meet the requirements of CEQA. This IS/MND consists of the proposed finding that the project, as mitigated, does not have a significant impact on the environment. • Chapter 1 - "Introduction and Overview", identifies the purpose and scope of the IS/MND and the terminology used in the report. • Chapter 2 - "Project Description", identifies the location, background, and planning objectives of the project and describes the proposed project in detail. • Chapter 3 - "Environmental Checklist and Analysis", presents the checklist responses for each resource topic. This section includes a brief setting section for each resource topic and identifies the impacts of implementing the proposed project. • Chapter 4 - "Mitigation Monitoring Plan and Report", presents a list of the mitigation measures, identifies the time frame for implementation, identifies the responsible monitoring agency, and includes a reporting form for verification of compliance. • Chapter 5 - "References", identifies all references and individuals cited in this IS/MND. • Chapter 6 - "List of Preparers", identifies the individuals who prepared this report and their areas of technical specialty. July 2008 Initial Study/Mitigated Negative Declaration ' Hazbor Medical and Retail Center 7 5A 3 9 Chapter 2 Project Description ' Project Overview The proposed Harbor Medical and Retail Center project consists of the development and construction of a 45,744 square foot, two-story commercial building, with a mix of retail (8,880 square feet), restaurant (2,724 square feet), and medical-office uses (28,775 square feet). Additionally, the project includes 147 surface and 100 subterranean parking spaces to accommodate 247 vehicles (245 spaces are required by the City Zoning Code) on a site ' that currently incorporates a used car sales lot and a field with row crops. A zoning ordinance amendment is required in order to allow for an ancillary parking area in the Single-Family Residential District, and a Conditional Use Permit (CUP) is required to ' allow eating establishments within the North Harbor Specific Plan area. The project site is located at 520 South Harbor Boulevard on the western-side of South Harbor Boulevard between West Camille Street to the north and West McFadden Avenue to the south. Project Location The proposed project is approximately 65 feet above mean sea level and situated on nearly level land with a topographic gradient sloping to the southwest. The proposed project is located to Orange County, in the eastern section of the City of Santa Ana. The project site, specifically located at 520 South Harbor Boulevard, is situated on South Harbor Boulevard between West Camille Street and McFadden Avenue. The proposed project site is approximately 2.28-acres of land with Assessor Parcel Number of 188-071- ' O5. Figure 1 shows the regional location of the proposed project, whereas Figure 2 shows the local vicinity of the proposed project. ~I ' 8 Initial Study/Mitigated Negative Declaration July 2008 ' Harbor Medical and Retail Center 75A 40 ~I ~ 75A-41 Existing Conditions and Surrounding Land Uses The proposed project site is approximately 2.28-acres of land with the eastern portion ' currently paved with asphalt and developed as a used car sales lot, occupied by McFadden Auto Sales. The western portion of the proposed project site is currently an ' agricultural field planted with row crops of strawberries and vegetables. The existing used car sales lot, with access along South Harbor Boulevard, includes two mobile home- type structures used as offices for the used car lot business and numerous vehicles lined for sale. Figure 3 shows the surrounding land use in the immediate vicinity of the proposed project site and Figure 4 shows the proposed site plan. n ~, j s 11 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center ~ 75A-43 Photo 1 -One of Two Mobile Home-Type Structures on the McFadden Auto Sales site. n ~: t 1 ~ 75A-44 - Z woZ ~ _ Q ~~a W a ~ W a c~ N C9 ~ I jpp LL ---------h---------------------~--- (A ~w ---------~------------------------ ~ o>~ ZF-U - W a~ d o0 • t ' a ~ ~Q ^~^ ` , - a m o 1 Q ~ N ~~ 1 ~ ~ ~ ~~ O iN NN Q QN M N ~ • z ~ i. ~~ ~ ~ ~• do ~ M M N M A MN 1 M 1 -- i d'! 1 I" 1 1 N ~+, ~ d'1 ~K M i" ~ _ I ~~ w 1 r 1 w ~ .' M M « :••~ M t _ ~ \,u \\ 4\ ` .- ; ~` ~ } 1 ' •• •. ~ P. j'. t ~ 1 ~:: V ~ 1: t F' 1 ~ 1 ~ ~ ~ . r ~ _ ti ~ r ~ ~ - ~- - - i ~ i :;~ n ~:~ O r~~^~tr+erwr~w ~ '~ d N O 75A-45 The surrounding land uses are comprised of commercially zoned parcels to the North, East, and South; and low-medium density residential parcels to the Northwest and West. The commercial uses include auto repair shops, a glass facility, a locksmith business, and auto dealerships. The Balihi Mobile Home Lodge is located to the northwest at 432 South Harbor Boulevard. Multi-family residences are located to west. Single-family residences and various retail stores are located to the south of the project site. 14 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 75A-46 Photo 2 -View Looking North along Harbor Boulevard with McFadden Auto Sales Site on Left. ' 15 Initial Study/Mitigated Negative Declaration Harbor Medical and Retail Center ~ 75A-47 July 2008 Photo 3 -View Looking South along Harbor Boulevard, McFadden Auto Sales Site on Right. Photo 4 -View from McFadden Auto Sales Site Towards Row Crops Looking Southwest. ~~ 1 Proposed Project The project proponent proposes to construct a commercial building with retail, restaurant, and medical offices and a surface and subterranean level parking garage at 520 South Harbor Boulevard in the City of Santa Ana. The proposed project includes the following key elements: • Construction of a 45,744 square foot, two story building to accommodate retail, restaurant, and medical offices (refer to Figure 4, Proposed Site Plan); • Surface parking lot and subterranean level parking garage to accommodate 247 parking spaces; • Zoning ordinance amendment to allow ancillary parking area in a Single Family Residential district; and a • Conditional Use Permit to allow eating establishments within the North Harbor Specific Plan area. Project's Relationship to General Plan and Zoning General Plan The proposed project site is designated as General Commercial (GC) in the City's General Plan and GC in the North Harbor Specific Plan (NHSP). A conditional use permit is required to allow restaurants in the North Harbor Specific Plan, while a zoning 1 16 Initial Study/Mitigated Negative Declaration July 2008 I Harbor Medical and Retail Center 75A-48 Photo 5 -View of Row Crops and Multifamily Housing Looking West ordinance amendment is required to allow ancillary parking area in the Single-Family Residential District. Zoning The project site is designated as SP-2. An SP-2 designation specifies that the site is 1 governed by the North Harbor Specific Plan. Accordingly, the proposed project would require a zoning ordinance amendment and a conditional use permit. Discretionary Approvals Required The City of Santa Ana is the lead agency under CEQA and is responsible for planning and implementing the project. The applicant requests the following discretionary actions ' to implement the project: • North Harbor Specific Plan Amendment • Conditional Use Permit • Site plan review • Design Review Committee • Mitigated Negative Declaration (MND) 17 Initial Study/Mitigated Negative Declaration A Q ' Harbor Medical and Retail Center 7 5A-4 J July 2008 520 South Harbor Boulevard Harbor Medical and Retail Center Project Initial Study/Mitigated Negative Declaration ZOA 08-02 /CUP 08-23 MND July 31, 2008 ERRATA The following revisions have been made for the Harbor Medical and Retail Center Draft Initial Study/Mitigated Negative Declaration, dated July 2008, as a result of a comment letter received from the Orange County Sanitation District (OCSD) on July 31, 2008 (one day after closing of the 20-day public review period). The revisions affect the below-referenced section of the Initial Study only and do not affect the substance of the analysis included in that document. Furthermore, the below-described revisions do not result in any additional mitigation measures beyond those already included in the Draft Initial Study circulated for public review. Revised text as included in this Errata is denoted by bold text below, whereas deletions are identified by s~l~ text. Page 67, CEQA Checklist Question E. (Utilities and Service Systems): E. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. Sewage from the City of Santa Ana is diverted to OCSD's Reclamation Plant Number 1 in Fountain Valley. The plant's primary treatment capacity (including standby) is currently equipped to handle bA 204 million gallons per day (mgd) ~~~~*'~ ~~~r„°a °.,...,,, (OCSD 2008). Furthermore, the secondary treatment capacity is equipped to handle 110 mgd at Plant Number 1 (OCSD 2008). The reclamation plant has enough capacity to handle the increase in project related wastewater, therefore, no further study is required and no mitigation measures are necessary. 75A-50 Chapter 3 Environmental Checklist 1. Project Title: Harbor Medical and Retail Center 2. Lead Agency Name and Address: City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92702 3. Contact Person and Phone Number: Pedro Guillen, Associate Planner (714) 667-2729 4. Project Location: The proposed project is located in the City of Santa Ana, Orange County, state of California. Specifically, the proposed project is located at 520 South Harbor Boulevard and situated on South Harbor Boulevard between West Camille Street and McFadden Avenue (refer to Figure 1, Regional Location Map and Figure 2, Project Vicinity Map). 18 Initial Study/Mitigated Negative Declazation ~ 5A 51 July 2008 Hazbor Medical and Retail Center ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: ' The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ^ Aesthetics ^ Agriculture Resources ^ Air Quality 0 Biological Resources ^ Cultural Resources ^ Geology /Soils Hazards & Hazardous Hydrology /Water ^ Materials ^ Quality ^ Land Use /Planning ^ Mineral Resources ^ Noise ^ Population /Housing ^ Public Services ^ Recreation ^ Transportation/Traffic ^ Utilities /Service ^ Mandatory Findings of Significance 1 Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ^ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. >> I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ^ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ^ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ^ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR ' or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ~~ «~ ~~~ __~_ ._~~~.___ ~~~_ _~-_ m_~_M___~ P~dxo G~zille~_ A~~r.~ia.~ P n!.ex Prtn.tedNa~ ~~ .~..~.. ~~ e 19 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center ' 75A-52 1 EVALUATION OF ENVIRONMENTAL IMPACTS: ' 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 1 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than 1 significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than ' significant level (mitigation measures from Section XVII, "Earlier Analyses", may be cross-referenced). 1 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: I a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated", describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 20 ' Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 75A-53 1 1 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. ~) 1 n 1 Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 21 Initial Study/Mitigated Negative Declaration ~ 5A 54 Harbor Medical and Retail Center July 2008 1 1 1 it u Less Than Issues: Potentially Significant Less Than No Significant with Significant Impact Mitigation Impact pact Incorporation I. AESTHETICS: Would the project: a) Have a substantial adverse effect on ^ >> ^ ^ a scenic vista? b) Substantially damage scenic ^ ^ ^ ~> resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing ^ >> ^ ^ visual character or quality of the site and its surroundings? d) Create a new source of substantial ^ >> ^ ^ light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique ^ ^ ^ >> Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for ^ ^ ^ ~> agricultural use, or a Williamson Act contract? c) Involve other changes in the existing ^ ^ ^ ~> environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? 22 Initial Study/Mitigated Negative Declaration 75A 55 Harbor Medical and Retail Center July 2008 1 i~ Less Than Potentially Significant Less Than No Significant with Significant Impact Impact Mitigation Impact Incorporation III. AIR QUALITY: Where available, the significance criteria estab lished by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct ^ ^ ~> ^. implementation of the applicable air quality plan? b) Violate any air quality standard or ^ >> ^ ^ contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable ^ >> ^ ^ net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to ^ >> ^ ^ substantial pollutant concentrations? e) Create objectionable odors affecting ^ >> ^ ^ a substantial number of people? IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse effect, ^ ^ ^ ~> either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on ^ ^ p >> any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 23 Initial Study/Mitigated Negative Declazation July 2008 Harbor Medical and Retail Center 75A-56 Less Than Potentially Significant Less Than No Significant with Significant pact Impact Mitigation Impact Incorporation c) Have a substantial adverse effect on ^ ^ ^ ~> federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the ^ ^ ^ >> movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ^ ^ ^ >> ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an ^ ^ ^ >> adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in ^ ^ ^ >> the significance of a historical resource as defined in 15064.5? b) Cause a substantial adverse change ^ ^ ^ >> in the significance of an archaeological resource pursuant to ' 15064.5? c) Directly or indirectly destroy a ^ ^ ^ >> unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, ^ >> ^ ^ including those interred outside of formal cemeteries? 24 Initial StudylMitigated Negative Declaration c July 2008 Harbor Medical and Retail Center 75A-57 1 t Less Than Potentially Significant Significant with Impact Mitigation Incorporation Less Than No Significant Impact Impact VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to ^ ^ '> potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, ^ ^ ~> as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ^ ^ ~> iii) Seismic-related ground failure, ^ ^ ~> including liquefaction? iv) Landslides? ^ ^ ^ b) Result in substantial soil erosion or ^ >> ^ the loss of topsoil? c) Be located on a geologic unit or soil ^ ^ >> that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as ^ ^ >> defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately ^ ^ ^ supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS B: Would the project: a) Create a significant hazard to the ^ >> ^ public or the environment through the routine transport, use, or disposal of hazardous materials? 25 Initial Study/Mitigated Negative Declaration c Harbor Medical and Retail Center 7 5/`1~ C July 2008 ~]~ ^ ~> b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Less Than Potentially Significant Less Than No Significant with Significant pact Impact Mitigation Impact Incorporation ^ ~> ^ ^ ^ ^ ^ >> ^ ^ ^ >> ^ o ^ >> ^ ^ ^ >> ^ ~> 0 ^ ^ ^ ^ >> 26 Initial Study/Mitigated Negative Declazation July 2008 Harbor Medical and Retail Center 75A-59 Less Than Potentially Significant Less Than No Significant with Significant pact Impact Mitigation Impact Incorporation VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards ^ >> ^ ^ or waste discharge requirements? b) Substantially deplete groundwater ^ ^ ~> ^ supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing ^ ^ ~> ^ drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing ^ ^ ^ >> drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water ^ >> ^ ^ which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade ^ >> ^ ^ water quality? g) Place housing within a 100-year ^ ^ >> ^ flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 27 Initial Study/Mitigated Negative Declaration Harbor Medical and Retail Center 7 5/'"'~-6 0 July 2008 Potentially Significant Impact h) Place within a 100-year flood hazard ^ area structures which would impede or redirect flood flows? i) Expose people or structures to a ^ significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or ^ mudflow? Less Than Significant with Mitigation Incorporation ^ IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established ^ community? b) Conflict with any applicable land use ^ plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat ^ conservation plan or natural community conservation plan? X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a ^ known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a ^ locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Less Than No Significant pact Impact 7 ^ '~ ~> ^ ^ ~> ^ ~> ^ ^ ^ ^ ~> >> >> ~> 28 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 75A-61 Less Than Potentially Significant Less Than No Significant with Significant pact Impact Mitigation Impact Incorporation XI. NOISE: Would the project result in: a) Exposure of persons to or generation ^ ~> ^ ^ of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation ^ ~> ^ ^ of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ^ ~> 0 ^ ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic ^ >> ^ ^ increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an ^ ^ ^ >> airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a ^ ^ ^ >> private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth ^ ^ ^ '> in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 29 _ Initial Study/Mitigated Negative Declaration ~+ July 2008 Harbor Medical and Retail Center 75A-V t Less Than Potentially Significant Less Than No Significant with Significant pact Impact Mitigation Impact Incorporation b) Displace substantial numbers of ^ ^ ^ >> existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of ^ ^ ^ ~> people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ^ ^ ~> ^ Police protection? ^ ^ >> ^ Schools? ^ ^ ^ >> Parks? ^ ^ ^ >> Other public facilities? ^ ^ ^ ~> XIV. RECREATION: a) Would the project increase the use of ^ ^ ^ ~> existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational ^ ^ ^ ~> facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is ^ ~> ^ ^ substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 30 Initial Study/Mitigated Negative Declaration ' Harbor Medical and Retail Center 75A-V 3 July 2008 Less Than Potentially Significant Significant with Impact Mitigation Incorporation b) Exceed, either individually or ^ >> cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic ^ 0 patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to ^ ^ a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency ^ ~> access? f) Result in inadequate parking ^ ^ capacity? g) Conflict with adopted policies, plans, ^ ^ or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment ^ >> requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction ^ ^ of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction ^ >> of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 31 Initial Study/Mitigated Negative Declaration ~+ Harbor Medical and Retail Center 7 5A- V 4 Less Than No Significant pact Impact ^ ^ ^ ~~ 7 ^ ~> 0 ^ ^ ~> ^ ~> ^ ^ ^ ~~ ^ ^ July 2008 Less Than Potentially Significant Less Than No Significant with Significant Impact Impact Mitigation Impact Incorporation d) Have sufficient water supplies ^ ^ ^ ~> available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the ^ ^ ^ ~> wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient ^ ^ ~> ^ permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local ^ ^ >> ^ statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to ^ >> ^ ^ degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 32 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 7 5A-6 5 b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Potentially Significant Less Than No Significant with Significant Impact Impact Mitigation Impact Incorporation ^ ~> ^ ^ ^ ~> ^ ^ 33 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 7 5A-6 6 Aesthetics A. Have a substantial adverse effect on a scenic vista? Less Than Significant Impact with Mitigation Incorporation. The proposed project site is located within a commercial corridor area along Harbor Boulevard ' in the City of Santa Ana. The project site is zoned General Commercial in the North Harbor Specific Plan (NHSP), as well as, in the City of Santa Ana's General Plan. The Scenic Corridors Element of the Santa Ana General Plan (City ' of Santa Ana 1982:27) identifies certain corridors that serve as major views and vantage points to the City. These scenic corridors provide existing scenic views and vistas that are accessible to the public. Harbor Boulevard is not designated as a scenic corridor, but rather, as an inter-city corridor, which "Ensure that development within scenic corridors take place at a scale and is designed so that ' aesthetic features are consistent with the function of scenic corridors as part of the Framework Plan" (City of Santa Ana 1982:27). Construction-related visual nuisances, such as construction equipment, materials, and construction-related ' vehicles, will be minimized by implementing standard construction practices, and would be removed upon completion of the project. Furthermore, construction of the proposed project will occur in a developed area and in consideration of the relatively short duration of construction activities, potential impacts would be less than significant with the implementation of Mitigation Measure AES-1. Mitigation Measures AES-1 The following standard construction practices will be implemented to minimize potential aesthetic impacts: 1 -Construction areas shall receive appropriate routine maintenance to reduce unnecessary debris piles; -Construction areas shall have appropriate erosion and dust control ro ra i l p g ms n p ace; - Construction lighting shall be limited to safety and security and ' directed to minimize light and glare impacts to any adjacent sensitive receptors. B. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The proposed project is located in the General Commercial District ' of the North Harbor Specific Plan, which is not located on astate-designated highway as defined by the California Scenic Highway Mapping System. The closest designated scenic highway, the Riverside Freeway (SR-91), which is designated a scenic highway from the intersection with the Costa Mesa Freeway (SR-55) to the Weir Canyon exit, is approximately seven miles north of the project site. Therefore, the project site is not visible from the SR-91 and will not ' have an impact on a designated scenic highway. As the project site is currently operating as a used car sales lot with two temporary structures and an agricultural 34 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 7 5A-6 7 1 field, it does not contain any scenic resources such as trees, rock outcroppings, or historic buildings. Impacts are not anticipated in this regard. ' C. Substantially degrade the existing visual character or quality of the site and its surroundings? ' Less Than Significant Impact with Mitigation Incorporation. The site currently has two mobile home-type structures associated with the used car sales lot, which will be replaced with a 45,744 square foot, 2-story commercial building over one level of subterranean parking. Construction of the proposed project may create temporary, short-term impacts to adjacent uses. However, these impacts are short-term, and would cease upon project completion and would be mitigated ' through implementation of standard construction practices mentioned in AES-1, above. ' Furthermore, the project site is designated as General Commercial in the City's General Plan, as well as, in the NHSP. The project site will be developed in accordance with the guidelines provided in the North Harbor Specific Plan, which ' attempts to improve the land use mix and visual quality of the North Harbor Corridor. Landscaping and the design characteristics of the building would comply with the Design Standards of the NHSP. The proposed project will bring the visual character of the project site into closer alignment with the NHSP design goals. Potential impacts would be less than significant with the implementation of Mitigation Measure AES-2. Mitigation Measures AES-2 The proposed project will comply with the design standards ' outlined in the City of Santa Ana's North Harbor Specific Plan. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact with Mitigation Incorporation. The proposed project site is located on relatively flat land with no significant hills, trees, or rock 1 outcroppings. The site is approximately 65 feet above mean sea level with a topographic gradient sloping to the southwest. The site is disturbed and developed with a used car sales lot and an agricultural field. The site is further surrounded by commercial and residential land uses. Existing light sources adjacent to the proposed project site consist of building and street lighting generated by nearby commercial and residential developments. Additional light sources include nighttime vehicular traffic along South Harbor Boulevard. The proposed project includes a 147-vehicle surface parking lot, and a 100- ' vehicle subterranean level-parking garage to accommodate a total of 247 vehicles on site. New surface parking lot and subterranean parking lot lighting may be installed within the project site. This new lighting may affect residents of the ' adjacent Balihi Mobile Home Lodge, multi-family residences, and single-family residences. However, the proposed project is surrounded by an existing 6-foot high masonry block perimeter wall and impacts associated with on-site lighting are not anticipated to adversely impact adjacent residences with the incorporation 35 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 7 5A 6 8 of directional lighting techniques and adherence with standard City requirements relative to parking lot lighting. The proposed project may also include ancillary exterior lighting for security and lighting of signage on-site. The surrounding area is developed and currently experiences light and glare from surrounding buildings, streetlights, parking lot lights, traffic signals, and motor vehicle lights. However, adherence to applicable local ordinances will minimize light and glare impacts to less than significant levels. Furthermore, to ensure the safety of workers and proper operation of equipment, nighttime lighting may be required if construction activities occur during dusk or nighttime hours consistent with City permitted construction work hours. Construction lighting fixtures shall be shielded away from adjacent residences and fully confined within the site boundary so that direct lighting does not shine on or produce glare upon any residential properties. Mitigation Measures AES-3 For the proposed commercial building, subterranean parking, and surface parking lot, all lighting shall comply with all City zoning, building, and NHSP design guidelines and will utilize directional and/or shielded lighting in order to minimize spillover effects to adjacent vicinities. The Applicant will provide the City, for their approval, a lighting plan with a photometric study that shows the point-by-point foot-candle layout to 20 feet outside the property line (NHSP 6.2.3). Additionally, all new projects shall provide an ornamental night lighting plan, prepared by an electrical engineer, and approved by the building, planning, and police departments (NHSP 6.2.3). Agricultural Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation an optional model to use in assessing impacts on agricultural farmland. A. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. A portion of the proposed project site, less than 1-acre, is currently an agricultural field planted with row crops of strawberries and vegetable. Section 66474.4 of the Subdivision Map Act identifies certain categories of agricultural resources that are significant and require special consideration. According to the ' Santa Ana General Plan and the Farmland Mapping and Monitoring Project (FMMP), the City does not contain any Prime Farmland, Unique Farmland, or Farmland of Statewide Importance parcels. The project site is classified as being 1 located in an urbanized area and therefore, the proposed project will not adversely 36 Initial Study/Mitigated Negative Declaration July 2008 1 Harbor Medical and Retail Center 7 5A-6 9 affect these categories of farmland. No further study is necessary and no mitigation measures are required. B. Conflict with existing zoning for agricultural use or a Williamson Contract? No Impact. The Williamson Act Contract applies to parcels consisting of at least ' 20 acres of Prime Farmland or at least 40 acres of land not designated as Prime Farmland. The project site, which is classified as General Commercial (GC) in the City's General Plan and in the North Harbor Specific Plan (NHSP), is ' approximately 2.28 acres in size with the western portion currently planted with row crops and the eastern portion utilized as a used car sales lot. Additionally, given that Santa Ana neither contains any parcels of Prime Farmland, nor contains any parcel consisting of more than 40 acres of farmland, the Williamson Act Contract is not applicable to the project site or to any other parcel within the City of Santa Ana. No further study is required and no mitigation measures are necessary. C. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? No Impact. Given that the current agricultural portion of the project site is slightly over an acre in size and currently designated as General Commercial in ' the General Plan and the NHSP, the conversion of the site to a commercial use will not have a significant impact (less than 0.0002°Io) on the total agricultural lands within the State. No further study is required and no mitigation measures are necessary . Air Quality Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to .make the following determinations. Would the project: A. Conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. An Air Quality Analysis Technical Memorandum (URS Corporation, 2008) was prepared for the proposed project to assess potential project-related air quality impacts. The Air Quality Management Plan (AQMP) for the South Coast Air Basin (SCAB) sets forth a comprehensive program that will lead the SCAB into compliance with all federal and state air 1 quality standards. The AQMP controls measures and related emission reduction estimates are based upon emissions projections for a future development scenario derived from land use, population, and employment characteristics defined in consultation with local governments. Accordingly, conformance with the AQMP for development projects is determined by demonstrating compliance with local land use plans andlor population projections. ' The project site is within the boundaries of the North Harbor Specific Plan (NHSP). The project site is designated and zoned for commercial land uses in both NHSP and the City's General Plan. Since the project involves the 37 Initial Study/Mitigated Negative Declaration July 2008 ' Harbor Medical and Retail Center 7 5/'"'~-7 0 ~~ fi development of medical and retail centers, which is consistent with the current zoning and land use designations of the City's General Plan, the project complies with the AQMP. The impact is considered less than significant. No further study is required and no mitigation measures are necessary. B. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less than Significant Impact With Mitigation Incorporation. The project is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD has developed thresholds of significance for both regional and localized air quality impacts, with which the project must comply. Construction was assumed to begin in 2008 and take 12 months to construct the project in one phase. A summary of the construction emissions generated by the project, under unmitigated and mitigated scenarios, compared to the SCAQMD's regional significance thresholds are presented in the table below. Table 1 -Daily Construction Emissions Regional Significance VOC NOX CO SOX PMIO PMzs (Ibs/da) (Ibs/da) (lbs/da) (lbs/da) (lbs/da) (lbs/da ) SCAQMD Threshold 75 100 550 150 150 55 Unmiti ated Dail Construction Emissions - Re Tonal Si nificance Gradin 2.54 29.27 11.70 0.01 10.69 3.12 Building 26.24 33.32 28.34 0 05 10.69 3 12 Construction . . Maximum 26.24 33.32 28.34 0.05 10.69 3.12 Exceed No No No No No No Threshold? Miti ated Dail Construction Emissions - Re Tonal Si ni~cance Gradin 2.54 29.27 11.70 0.01 3.43 1.61 Building 26.24 33.32 28.34 0 05 2 26 2 01 Construction . . . Maximum 26.24 33.32 28.34 0.05 3.43 2.01 Exceed No No No No No No Threshold? Source: Air Quali Anal sis Technical Memorandum, URS Co oration. Febru 12, 2008. Maximum short-term daily emissions with specified mitigation measures are 26.24 lbs for VOC, 33.321bs for NOx, 28.34 lbs for CO, 0.05 lbs for S02, 3.43 lbs for PMIO, and 2.01 lbs for PM2.5, which are below all applicable SCAQMD regional significance thresholds. In addition to the regional analysis, the project's emissions and impacts on a localized scale were also analyzed. The maximum disturbance area for the proposed project is approximately 2 acres per day, therefore the SCAQMD localized thresholds fora 2-acre project was utilized. The nearest sensitive receptors to the project site are residences adjacent to the project site, to the west, north, and south, therefore the thresholds for a distance of 25 meters were used. This represents the worst-case analysis of the project's localized impacts. 38 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 75/'"'~-7 1 1 A summary of the construction emissions, with and without mitigation measures incorporated, are compared to the SCAQMD's localized significance thresholds and presented in the table below. Table 2 -Daily Construction Emissions Localized Significance NOX (lbs/da) CO (lbs/da) PMIO (lbs/da) PM25 (Ibs/da ) Unmiti ated Dail Construction Emissions -Localized Si nificance SCAQMD 198 649 6 4 Threshold Maximum 26.24 33.32 10.69 3.12 Exceed No No Yes No Threshold? Miti ated Dail Construction Emissions - Localized Si nificance Maximum 26.24 33.32 3.43 2.01 Exceed No No No No Threshold? Source: Air Quali Anal sis Technical Memorandum, URS Co oration. Febru 12, 2008. Under the unmitigated scenario, the project's emissions of CO, NOX, and PM2.s do not exceed the applicable SCAQMD localized significance thresholds. However, the project's emissions from construction will exceed the thresholds for PMIO under the unmitigated scenario. With implementation of mitigation measure AQ-1, the proposed project's emissions from construction will be reduced and will not exceed the SCAQMD localized thresholds of significance. The emissions from area sources including consumer products such as home ' appliances, lawnmowers, water heaters, and stoves can generate a significant amount of pollutants. Furthermore, mobile sources from vehicles traveling in and out of the proposed project also emit pollutants. The area and mobile source emissions, including daily trips were analyzed for the proposed project and presented in the table below. Table 3 -Daily Operational Emissions -Regional Significance ROG NOx CO SOZ PMIO PMZ.S COZ (Ibs/da) (lbs/da) (lbs/da) (Ibs/da) (lbs/da) (Ibs/da) (lbs/da ) SCAQMD 55 55 550 150 150 55 N/A Threshold Summer 15.18 19.91 194.38 0.18 26.67 5.54 17,248.62 Max Emissions Winter Max 16.82 24.08 183.36 0.14 28.66 5.53 15,620.85 Emissions Exceed No No No No No No No Threshold? Source: Air Quali Anal sis Technical Memorandum, URS Co oration. Febru 12, 2008. 39 July 2008 Initial Study/Mitigated Negative Declaration Harbor Medical and Retail Center ~ C /~ ~~ 1 The maximum daily long-term emissions are 15.18 lbs for ROG, 19.91 lbs for NOx, 194.381bs for CO, 0.18 lbs for 502, 26.671bs for PMIO, and 5.541bs for PM2.5 in summer and 16.821bs for ROG, 24.081bs for NOx, 183.36 lbs for CO, 0.141bs for S02, 28.66 lbs for PMIO, and 5.53 lbs for PM2.5 in winter. Emissions of all criteria pollutants are below the SCAQMD regional threshold. Additionally, the project's emissions were found to not cause an exceedance of the localized significance thresholds, as shown in the table below. Table 4 -Daily Operational Emissions -Localized Significance NOX (lbs/da) CO (lbs/da) PMIO (lbs/da) PM2S (lbs/da ) SCAQMD 198 649 2 1 Threshold Summer Max 1.46 15 67 1 61 0 32 Emissions . . . Winter Max 1.64 10.51 1 60 0 31 Emissions . . Exceed No No No No Threshold? Source: Air Quali Anal sis Technical Memorandum, URS Co oration. Febru 12, 2008. As indicated in the Air Quality Analysis Technical Memorandum, implementation of mitigation measure AQ-1 would reduce the air quality impacts from the construction of the proposed project. ' Mitigation Measures AQ-1 The following measures will reduce air quality impacts from construction related activities. ^ Apply soil stabilizers to inactive areas; ^ Water exposed surfaces two times a day; I Position equipment staging areas away from the sensitive receptors. C. Result in a cumulatively considerable net increase of any criteria pollutant for ' which the project area is non-attainment under applicable federal or state ambient air quality standards (including releasing emission, which exceed quantitative thresholds for ozone precursors)? ' Less than Significant Impact With Mitigation Incorporation. Refer to response in Air Quality (B), above. In consideration of the relatively small scale ' and nature of the proposed project, the project would not generate emissions that exceed SCAQMD thresholds with implementation of the mitigation measure AQ- 1. There are no cumulatively considerable air quality impacts anticipated with ' respect to the proposed project. D. Expose sensitive receptors to substantial pollutant concentrations? ' Less than Significant Impact With Mitigation Incorporation. There are sensitive receptors located directly north, south, and west of the project. However, both construction and operational emissions from the project have been shown to ' be less than the applicable SCAQMD thresholds of significance on both the 40 Initial Study/Mitigated Negative Declaration July 2008 ' Harbor Medical and Retail Center 75/`173 ' regional and localized level with the implementation of mitigation measure AQ-1. Therefore, the project will not expose sensitive receptors to substantial pollutant ' concentrations and the impact is less than significant. E. Create objectionable odors affecting a substantial number of people? Less than Sign cant Impact. The project presents the potential for generation of objectionable odors during construction in the immediate vicinity of the project site. Construction activities associated with the proposed project may generate odors from the use of heavy-duty equipment. Potential odors may include diesel and gasoline fumes from construction vehicles and equipment. However, these fumes are transitory in nature and would not create objectionable odors affecting a 1 substantial number of people. The proposed project would implement standard construction practices to minimize potentially adverse effects related to odors, including compliance with SCAQMD Rule 402 Nuisance, placing construction ' equipment as far as possible from sensitive receptors, and utilizing non-residential routes for construction vehicle traffic when possible. Recognizing the short-term duration and quantity of emissions from the project, as well as, the results of the localized significance threshold analysis, the project will not expose substantial numbers of people to objectionable odors. Therefore, impacts from short-term construction odors are considered less than significant. Furthermore, long-term operations of the proposed project are not expected to generate significant emissions. Therefore, no significant long-term atr emissions or odors are associated with the proposed project. No further study is required, and no mitigation measures are necessary. Biological Resources A. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in ' local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. The project site is located in an urbanized area of the City of Santa ' Ana. The site does not contain any sensitive habitat and will not have any direct impact on species identified as candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of ' Fish and Game or U.S. Fish and Wildlife Service. The agricultural portion of the project site has been in continuous agricultural service as early as 1938 (Alliance ' Environmental Services 2006: 7) and consequently does not contain any native habitat or species. No further study is required, and no mitigation measures are necessary. B. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ' No Impact. As mentioned above, the project site is in an urbanized area and does not contain any riparian habitat or other sensitive natural community. Refer to 41 Initial Study/Mitigated Negative Declaration A July 2008 ' Harbor Medical and Retail Center 75/'"'~-7" response in Biological Resources (A.), above. No further study is required, and no mitigation measures are necessary. ' C. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. The proposed project site is located in an urbanized area that does not ' contain any federally protected wetlands as defined by Section 404 of the Clean Water Act. No further study is required, and no mitigation measures are necessary. D. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife ' corridors, or impede the use of native wildlife nursery sites? No Impact. Due to the location and the disturbed condition of the project site, it is not anticipated to disrupt any movement of native resident or migratory fish or 1 wildlife species. Additionally, the project is not anticipated to disrupt any established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. No further study is required, and no mitigation measures are necessary. E. Conflict with any local policies or ordinances protecting biological resources, ' such as a tree preservation policy or ordinance? No Impact. The project site, in its current condition, does not contain any trees or biological resources. The proposed project will comply with all City policies and ordinances pertaining to trees and landscaping. No further study is required, and no mitigation measures are necessary. F. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural ' Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ' No Impact. As discussed earlier, the project site is located in an urbanized location not covered by a Habitat Conservation Plan, Natural Community ' Conservation Plan, or any other approved local, regional, or state habitat conservation plan. No further study is required, and no mitigation measures are necessary. ' Cultural Resources A. Cause a substantial adverse change in the significance of a historical resource as ' defined in Section 15064.5? No Impact. The project site does not contain any structures that are listed on local, state, or federal historic resource lists. Additionally, the City of Santa Ana ' Historic Resources Map (City of Santa Ana 1998: A-54) does not list any historic resources on or near the project site. No further study is necessary, and no mitigation measures are required. 42 Initial Study/Mitigated Negative Declaration c July 2008 1 Harbor Medical and Retail Center 7 5/'"'~-7 ii B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to defined Section 15064.5? No Impact. The project site is located within an urbanized area that has been previously disturbed; therefore, the probability of discovering archeological resources is considered low. According to the Land Use Element of the City's General Plan, the project site is categorized as neither having historic/archaeological resources nor being located in an archeologically sensitive area. No further study is necessary, and no mitigation measures are required. C. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. The project site is located within an urbanized area that has been previously disturbed; therefore, the likelihood of discovering paleontological resources is very unlikely. No further study is necessary, and no mitigation measures are required. D. Disturb any human remains, including those interred outside of formal cemeteries? Less than Significant Impact with Mitigation Incorporation. The project site is not known to contain any human remains interred inside or outside formal cemeteries. Discovery of human remains during construction is governed by State Law; work shall cease immediately and the County Coroner shall be contacted to make necessary findings as to the origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American decent, the Native American Heritage Commission (NAHC) shall be notified. The NAHC will identify the ancestry of the remains and determine which course of action should be taken in addressing the findings. Potential impacts would be less than significant with the implementation of Mitigation Measure CULT- l . Mitigation Measures CULT-1 If human remains are unearthed during construction, work shall cease immediately and the County Coroner shall be contacted to make necessary findings as to the origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American decent, the NAHC shall be notified. The NAHC will identify the ancestry of the remains and determine which course of action should be taken in addressing the findings. Geology and Soils A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving? Al. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State 43 Initial Study/Mitigated Negative Declaration ' Harbor Medical and Retail Center 7 5/'"'~-7 6 July 2008 1 C Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Less than Significant Impact. A Geotechnical Investigation Report (Don Solis Engineering, 2006) was prepared for the proposed project.. According to the most recent Alquist-Priolo Zoning Map, no known fault traces are located in the City of Santa Ana. Nonetheless, the project site is located in seismically active Southern California with numerous geologic faults within 50 miles of the City's borders. The most significant faults that may affect the City of Santa Ana are the offshore branch of the Newport-Inglewood system, located approximately nine miles to the southwest, and the Whittier-Elsinore system, located approximately ten miles to the north. Additionally, though further from the City, the San Andreas and Raymond faults could produce large earthquakes. Of all these faults, the Newport-Inglewood system is the one most likely to produce large earthquakes within the next 20 years. The proposed project would not affect subsurface geology or the probability of a seismic event; however, if an earthquake were to occur, the building could sustain damage. Adhering to standard engineering practices and design criteria as contained in the current Uniform Building Code (UBC) relative to seismic and geological hazards, and implementations of recommendations from the Geotechnical Investigation Report, the impacts would be reduced to less than significant levels. A2. Strong seismic ground shaking? Less than Significant Impact. The seismic hazard from ground shaking is typical for the vast majority of areas in Southern California. The greatest potential for a large earthquake comes from the Newport- Inglewood fault, with experts predicting a large damaging earthquake on this fault within the next 20 years. A 7.0 magnitude earthquake on this fault is expected to cause significant and widespread regional damage. However, the implementation of seismic design provisions for structural protection will help minimize threats to life-safety in the event of an earthquake. All structures will be designed in accordance with the seismic design provisions of the UBC to promote maximum safety in the event of an earthquake. Conformance with these standard design parameters would reduce any potential impacts associated with ground shaking to less than significant levels. A3. Seismic related ground failure, including liquefaction? Less than Significant Impact. Liquefaction occurs with the sudden loss of soil strength due to the rapid increase in pore pressure within cohesionless soils as a result of repeated cyclic loading during seismic events. Several conditions must be present for liquefaction to occur including the presence of relatively shallow ground water, generally loose soil conditions, the susceptibility of soils to liquefaction based on grain- size characteristics and the generation of significant and repeated 44 Initial Study/Mitigated Negative Declazation Harbor Medical and Retail Center ~ ~ w ~~ July 2008 ii ' seismically induced ground acceleration. The proposed project site has several factors required for liquefaction to occur. Groundwater was encountered at a depth of 5 feet below surface and surface soils were cohesionless uniform soils. The proposed project site would be suitable for construction, with the implementation of recommendations included in ' the referenced Geotechnical Investigation Report. A4. Landslides? ' No Impact. The proposed project site is located on flat, featureless terrain, hence the potential for earthquake induced landslides or landslides due to cuts into slopes are nonexistent. No further study is necessary, and no mitigation measures are required. B. Result in substantial soil erosion or the loss of topsoil? ' Less than Significant Impact With Mitigation Incorporation. The soil in the proposed project area consists of Hueneme fine sandy loam. This soil type is nearly level and generally occurs on large alluvial fans or flood plains. The soil is characterized by slow runoff and slight erosion hazard. The current site is composed of an asphalt-paved parking lot and an agricultural field currently ' planted with row crops. Construction activities, including grading, would displace soils and temporarily increase the potential for soils to be subject to wind and water erosion. The proposed project will be required to comply with standard engineering practices for erosion control and qualified personnel will monitor soil compaction during the construction phase. Preparation of a Storm Water Pollution Prevention Plan (SWPPP) would reduce potential soil erosion impacts to less than significant levels. Furthermore, construction impacts would be short-term and ' cease upon completion of the proposed project. The proposed project will also convert the existing agricultural field, a site that ' most likely experiences substantial erosion and top soil loss, into a parking lot with various pervious and impervious surfaces. As mentioned in the Geotechnical Investigation Report, an adequate drainage system should be provided behind ' applicable retaining walls to prevent the build-up of hydrostatic pressure. Implementation of mitigation measures including the City's Best Management Practices (BMPs) applied to minimize losses related to soils, recommendations in ' the Geotechnical Investigation Report, and implementation of standard engineering practices would reduce impacts to less than significant levels. ' Mitigation Measures GEO-1 Refer to WQ-1 and WQ-2 in Hydrology and Water Quality, below. C. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? ' Less Than Significant Impact. The soil in the proposed project area consists of Hueneme fine sandy loam. This soil type is nearly level and generally occurs on large alluvial fans or flood plains. The soil is characterized by slow runoff and 45 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center ~ C /~ ~ Q ' slight erosion hazard. The project site has been disturbed in the past and does not contain any unique geological features. The proposed project site has been ' deemed suitable for construction with implementation of recommendations identified in the Geotechnical Investigation Report. Construction, including grading, will implement standard engineering practices to minimize geotechnical ' constraints. Also, refer to response in Geology and Soils (A3) above. D. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building ' Code (1994), creating substantial risks to life or property? Less than Significant Impact. As previously mentioned, the proposed project site is located in an area consisting of Hueneme fine sandy loam characterized by ' slow runoff and slight erosion hazards. The project site also has the factors required for liquefaction to occur. However, adhering to standard engineering ' practices, recommendations included in the project's Geotechnical Investigation Report, the City's design criteria, and as contained in the UBC relative to geologic hazards, will mimriuze the subsidence and liquefaction dangers to less ' than significant levels. E. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the ' disposal of waste water? No Impact. Sewer access is available in the project area. No further study is ' necessary, and no mitigation measures are required. Hazards and Hazardous Materials ' A. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less than Significant Impact with Mitigation Incorporation. Construction of ' the proposed project will involve the use of materials typical for commercial building construction projects. All construction materials will be transported, utilized, and stored in a manner consistent with all applicable local, state, and federal regulations and would not otherwise be used under hazardous conditions. Furthermore, construction activities, including grading, may expose surface or subsurface hazardous materials. The project site contains two temporary mobile- ' home structures that were converted into offices. The estimated build date of these structures is around 1972, six years before the U.S. EPA prohibited the use of Asbestos Containing Materials (AGMs) in 1978. It is possible that these ' temporary structures included AGMs, and lead-based paint in their construction materials and therefore, care must be taken in preventing the dispersal of AGMs, ' and lead into the environment if the structures are to be demolished or removed from the site. The proposed project would be constructed on previously developed parcels and potential impacts associated with hazards or hazardous materials ' would be reduced to less than significant levels with the implementation of Mitigation Measure HAZ-1 and HAZ-2. ' 46 Initial Study/Mitigated Negative Declaration July 2008 ' Harbor Medical and Retail Center ~ ~ w ~ ^ r Mitigation Measures HAZ-1 If the temporary structures are to be demolished, then as a condition of approval for the project, an asbestos and lead containing materials survey will be performed by a qualified environmental professional before any demolition permit is issued. Said survey will adhere to federal, state, and local regulations and will be sent to the City for approval. If the survey finds ACMs in the temporary structures, then those materials containing ACMs will be removed and disposed of in accordance with federal, state, and local laws and regulations. HAZ-2 If lead-based paint is discovered during on-site investigation, all building materials containing lead-based paint will be removed, transported, and disposed of at landfills that meet acceptance criteria for the waste being disposed. Demolition and removal shall be performed in conformance with federal, state, and local laws and regulations pertaining to lead-based paint. B. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact with Mitigation Incorporation. The project is not expected to handle hazardous materials or create a significant hazard to the public or environment in the case of an upset or accident. Refer to response in Hazards and Hazardous Materials (A.), above. No further study is necessary, and no mitigation measures are required. C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. The project site is located within a quarter mile of Russell Elementary School but is not expected to impact the school due to the site's lack of handling or generating hazardous materials, acutely hazardous materials, or hazardous wastes. No further study is necessary, and no mitigation measures are required. D. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. The project site is not listed on any Federal, State, or local (Santa Ana Fire Department) list as a hazardous materials site. No further study is necessary, and no mitigation measures are required. E. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 47 Initial Study/Mitigated Negative Declaration ' Hazbor Medical and Retail Center 7 5A 8 0 July 2008 ' No Impact. There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits, and approximately 7.3 miles southwest of the project site. Consequently, the proposed project is not located within atwo-mile radius of-any airport and therefore, the proposed project would not result in a safety hazard for people residing or ' working in the project area. No further study is necessary, and no mitigation measures are required. ' F. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. The project site is not located in the vicinity of a private airstrip. The ' closest heliport is located at the Orange County Sheriff's Department 2.9 miles away and would not result in a safety hazard for people residing or working in the ' project area. No further study is necessary, and no mitigation measures are required. G. Impair implementation of or physically interfere with an adopted emergency ' response plan or emergency evacuation plan? Less than Significant Impact with Mitigation Incorporation. According to the ' Public Safety Element of the General Plan, the City of Santa Ana maintains an Emergency Services Plan. The purpose of this plan is to provide direction and gutdance for officials and citizens in the event of an emergency, which may ' include earthquakes, floods, major fires andJor explosions, industrial accidents, bomb threats, and so forth (City of Santa Ana, 1998: 18). The proposed project will not interfere with any adopted emergency response plan or emergency 1 evacuation plan. In addition, a Traffic Management Plan (TMP) would be implemented to ensure that activities associated with construction of the proposed project would not interfere with emergency response vehicles or evacuation plans. Refer to response in Transportation and Traffic (A.). H. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or ' where residences are intermixed with wildlands? No Impact. The project site is located in an urbanized sector of the City, ' surrounded by developed parcels. The immediate vicinity of the project site does not contain any wildland-urban interfaces that are susceptible to wildland fires. No further study is necessary and no mitigation measures are required. Hydrology and Water Quality A. Violate any water quality standards or waste discharge requirements? ' Less than Significant Impact with Mitigation Incorporation. The proposed project is not expected to have any special waste discharge requirements other than the connection to the public utility sewer. However, the existing agricultural ' field and paved used car sales lot will be replaced with a commercial 2-story building, a parking lot, and associated driveways, sidewalks, and landscaping. ' This change in surface area of permeable surfaces to impermeable surfaces will be 48 Initial Study/Mitigated Negative Declaration Q July 2008 ' Harbor Medical and Retail Center 75A-V 1 I~ I~ significant and measures will have to be implemented to mitigate said impacts. The primary water quality concern associated with the operation of the project site is urban runoff during the daily operation of the complex. Adherence to BMPs as part of a Water Quality Management Plan (WQMP) during the operation of the project site will reduce the impact of urban water runoff. The construction phase also has the potential to impact water quality through surface water runoff. Since the project site is greater than one acre, a National Pollution Discharge Elimination System (NPDES) permit for construction activities must be obtained from the State Regional Water Quality Control Board (RWQCB). This permit requires the development and implementation of a SWPPP, which identifies BMPs that will protect stormwater runoff during the construction phase. Potential impacts would be less than significant with the implementation of Mitigation Measures WQ-1 and WQ-2. Mitigation Measures WQ-1 As part of the design of the proposed project, a WQMP will be prepared and implemented. The WQMP will include structural and nonstructural BMPs, which will avoid or minimize, to the greatest extent possible, the water quality impacts associated with the daily operation of the project site. WQ-2 The proposed project will require a NPDES permit and will require the preparation of a SWPPP incorporating BMPs to reduce stormwater impacts during construction. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Less Than Significant Impact. As of 2005, the City of Santa Ana owns and operates 19 wells that range in depth from 650 to 1,500 feet, eight reservoirs with a total capacity of 49.3 million gallons, and seven import connections to the Metropolitan Water District (MWD). Thirty-six percent of the water used in the City comes from wholesale water sourced from MWD. The remaining 64% is pumped from the 19 local wells. Currently, the City in conjunction with the Orange County Water District (OCWD) use natural and artificial recharge strategies to recharge the groundwater in the basin. Artificial recharge includes water injection into groundwater aquifers and the use of percolation ponds. Water injection replenishes the groundwater and additionally, prevents the intrusion of salt water into the groundwater reserves. Furthermore, as mentioned in the Geotechnical Investigation Report, six test borings were drilled to depths ranging from 15 to 50 feet below the existing ground surface to analyze subsurface conditions of the project site. Groundwater was encountered in the test borings at a depth of 9 feet. Temporary and permanent dewatering during construction was recommended in the project's Geotechnical Investigation Report. Given the capacities and the large amount of water injected into the aquifers, it is anticipated 49 Initial Study/Mitigated Negative Declaration July 2008 Hazbor Medical and Retail Center ~ ~ w Q that the proposed project is not anticipated to substantially deplete groundwater supplies or interfere with groundwater recharge. ' C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would ' result in substantial erosion or siltation on- or off-site? Less Than Significant Impact. The project site in its current state is composed of an asphalt parking lot and an agricultural field planted in row crops. Stormwater and urban water during the drier months most likely flow from the agricultural field through the parking lot and on to the curb and gutter on Harbor Boulevard. The proposed project would convert the field and parking lot into a commercial ' building and parking lot. As mentioned in the Geotechnical Investigation Report, an adequate drainage system should be provided behind applicable walls to ' prevent the build-up of hydrostatic pressure. Furthermore, by adhering to the requirements of the NPDES and WQMP regulations, and recommendations from the Geotechmcal Investigation Report, the proposed project would not have a ' significant impact on runoff and flooding. Additionally, no streams or rivers pass through the project site. D. Substantially alter the existing drainage pattern of the site or area, including ' through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? ' No Impact. The proposed project is not expected to produce significant increases in flooding potential or changes in drainage patterns on or adjacent to the project ' site. Nonetheless, a Hydrologic Analysis Report will be prepared and approved by the City as part of the project design packet submission. A properly designed and implemented City-approved drainage system will mitigate the increase in ' impervious surfaces resulting from the project. No further study is necessary, and no mitigation measures are required. E. Create or contribute runoff water which would exceed the capacity of existing or ' planned Stormwater drainage systems or provide substantial additional sources of polluted runoff? ' Less than Significant Impact with Mitigation Incorporation. The proposed project site development has the potential to increase the amount and the sources of polluted water runoff. Preparing and implementing a WQMP with associated BMPs) as required under Mitigation Measure WQ-1 will mitigate the effects of the proposed project to less than significant levels. Refer to response Hydrology and Water Quality (A.), above. ' F. Otherwise substantially degrade water quality? Less than Significant Impact with Mitigation Incorporation. The project ' construction and the long-term operation of the project site could have potentially significant impacts on regional water quality by increasing water pollutants and sediments. Implementing Mitigation Measures WQ-1 and WQ-2 will lessen the ' impact on water quality to less than significant levels. 50 Initial Study/Mitigated Negative Declazation July 2008 Hazbor Medical and Retail Center 7 5A 8 3 G. Place housing within a 100-year flood plain, as mapped on a Federal Flood Hazard Boundary or flood Insurance Rate Map or other flood hazard delineation map? Less Than Significant Impact. According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) number, 06059C0256H dated February 18, 2004, the project site is located in Zone X. This area is in the 500-year floodplain (0.2% annual chance flood) and is protected from the 1 percent annual chance flood event by dikes, levees, or other structure. Furthermore, as mentioned in the City of Santa Ana General Plan Public Safety Element, the City has two major drainage courses, the Santiago Creek and the Santa Ana River, with both presenting high potential for significant flooding. The Santa Ana River has a history of overflowing its banks and flooding its surrounding area. There have been fourteen incidents of flooding, most recently as 1980. The potential also exists for downstream flooding throughout the Santa Ana River Basin resulting from the failure of Prado Dam, located approximately 20 miles northeast of the proposed project site. To assure the acceptable levels of risk to people and property from flooding, the City of Santa Ana has established flood plain management regulations in flood prone areas. Compliance with the City of Santa Ana's flood plain management regulations would result in less than significant impacts. Furthermore, no housing is proposed with the implementation of this project. No significant impacts would occur and no mitigation measures are necessary. H. Place housing within a 100-year floodplain structures which would impede or redirect flood flows? No Impact. As stated above, the project site is not located in the 100-year flood zone. Recent improvements to the Prado Dam have decreased the chance of inundation by a dam failure in the area of the project site. No housing is proposed with the implementation of this project. Therefore, no significant impacts would occur and no mitigation measures are necessary. I. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Less Than Significant Impact. The project site is located within the Prado Dam Inundation Area according to the City of Santa Ana General Plan Public Safety Element. Compliance with the City of Santa Ana's flood plain management regulations would result in less than significant impacts. Refer to response in Hydrology and Water Quality (G), above. J. Inundation by seiche, tsunami, or mudflow? ' No Impact. There are no large bodies of open water located on or near the proposed project site that could result in seiche or tsunami hazards. Hazards ' associated with seiche, tsunamis, and mudflow are not expected to affect the proposed project. ' S1 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 75A 84 u ii Land Use and Planning A. Physically divide an established community? No Impact. The project site is located in a General Commercial zoned parcel of the North Harbor Specific Plan (NHSP) area. The project site fronts Harbor Boulevard, a commercial corridor, and a significant image-maker for the city. The proposed project adheres to the Land Use Goals of the General Plan and therefore, would not cause significant impacts or require any mitigation measures. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. The project site is zoned as SP2 indicating that it falls under the auspices of the NHSP, where it is designated as General Commercial (GC). The proposed project will comply with the requirements of the NHSP, the City's General Plan, and applicable Zoning Code. The proposed site use will be compatible with the Zoning Code through a Conditional Use Permit (CUP) and a zoning ordinance amendment. No significant impacts would occur and no mitigation measures are necessary. C. Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. The project site is located in an urbanized area, which is not within the boundaries of any habitat conservation plan or natural community conservation plan. No significant impacts would occur and no mitigation measures are necessary. Mineral Resources A. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. Pursuant to the Land Use Element of the Santa Ana General Plan, there are no areas in the City designated as Significant Mineral Aggregate Resource Areas or existent oil fields (City of Santa Ana 1998: A-44). No significant impacts would occur and no mitigation measures are necessary. B. Result in the loss of availability of alocally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. The State of California designates Mineral Resource Zones (MRZs) under the Surface Mining and Reclamation Act of 1975 (SMARA). As the City of Santa Ana is a built-up, developed urban community, there are no MRZs in the project site or general vicinity. Noise A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 52 Initial Study/Mitigated Negative Declaration c July 2008 Harbor Medical and Retail Center 75/`1~~ C Less than Significant Impact with Mitigation Incorporation. A Noise Study Report (URS Corporation, 2007) was conducted to assess the noise impact of the proposed project on the surrounding community. The primary existing noise source in the area is South Harbor Boulevard, which borders the east side of the project site. The project is proposed in an existing commercial area surrounded by commercial developments, multi-family residences, mobile home park, and single-family residences. Mobile noise sources in the area consist of motor vehicle noise including automobiles, trucks, buses, and motorcycles. The noise produced by these sources occur primarily on South Harbor Boulevard and may be of sufficient magnitude to expose various land uses to excessive noise levels. Stationary noise sources in the area include equipment and operation of surrounding commercial land uses, noise from air conditioner units, pool and spa equipment, stereo and amplified music equipment, children, and domestic animals from nearby residences. "Noise" is defined as unwanted sound and is measured using the decibel (dB) scale. Additionally, the "A"-weighted sound level, dBA, is a "filter" or adjustment curve applied by the measuring instrument to shape the frequency content of the sound in a manner similar to the way the human ear responds to sounds. A change of 1 dBA is very difficult to perceive except in the laboratory. In the outside environment, a 3 dBA change is considered just perceptible, while an increase of 5 dBA is considered readily perceptible and would generally result in a change in community response. Finally, a 10 dBA increase is perceived as a doubling in loudness and would likely result in a widespread community response. The City of Santa Ana has adopted standards and guidelines for specific noise levels associated with various land uses. These guidelines are listed in Table 5, where the desired maximum noise value along with the acceptable maximum noise values for each land use category is shown. Table 5 -Ambient Noise Exposure Level Guidelines Noise Level (dBA CNEL or DNL) Land Use Desirable Maximum Ma~mum Acce table Residential -Low Densi 55 65 Residential -Medium Densit 60 65 Residential - Hi h Densit 65 70 Schools 60 70 Commercial Office 65 75 Industrial 70 75 Source: Noise Stud Re ort, URS Co oration. Febru 2007. Table 6 shows the daytime and nighttime guidelines for ambient noise levels, which the entire city is designated as Zone 1 by ordinance. 53 Initial Study/Mitigated Negative Declaration July 2008 ' Harbor Medical and Retail Center 7 5A 8 6 Table 6 -Ambient Noise Ordinance Level Guidelines Noise Zone Noise Level Time Period 1 55 dBA 7:00 am - 10:00 m 50 dBA 10:00 m-?:00 am Source: Noise Stud Re ort, URS Co oration. Febru 2007. Furthermore, the City of Santa Ana Noise Ordinance does not allow the noise level at any location within the City to create noise that would exceed the noise standard when measured at any residential property to exceed: • The noise standard for more than thirty minutes in any hour; ' • The noise standard plus S dBA for more than fifteen minutes in any hour; • The noise standard plus 10 dBA for more than five minutes in any hour; ' • The noise standard plus 15 dBA for more than one minute in any hour; and • The noise standard plus 20 dBA for any period of time. ' Noise sources associated with construction activities, repairs, remodeling, or grading of any property, are exempted from the above noise ordinance except between the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday, all day ' on Sundays, and on federal holidays. The noise study report included long-term and short-term noise measurements at ' several locations within the project site. The long-term (LT-1) noise measurement indicates that the hourly noise levels generally peak during the morning rush hour and again during the afternoon rush hour. The ambient environment was mostly a ' result of the volume of traffic on South Harbor Boulevard with the quietest time during the early morning hours when traffic is at a minimum. The results of the long-term noise measurement are shown in Table 7. ' Table 7 -Long Term Noise Measurement Summary Range of Range of Range of Daytime Evening Nighttime Hourly Leq Hourly Leq Hourly Leq Site Location CNEL (dBA) (dBA) (dBA) LT-1 520 Harbor Blvd, 250 feet 63.5 55.5 - 67.0 56.40 - 56.9 51.0 - 59.3 west of west curb, 25 feet southeast of mobile home ro ert line. Source: Noise Stud Re ort, URS Cor oration. Februa 2007. Four short-term noise measurements (ST-1, ST-2, ST-3, ST-4) were conducted at 1 locations around the project site including the nearest noise sensitive receptors. The noise level measurements varied from 53.5 dBA Ley at the nearest single- family residence to 69.7 dBA Ley near South Harbor Boulevard. The short-term ' noise measurement data results are presented in Table 8. ' S4 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center ~ ~ w u ~' Table 8 -Short Term Noise Measurement Data Site ID Location Leq (dBA) 520 South Harbor Boulevard, 50 feet west of west curb, 100 ST-1 feet north of south ro ert line. 69.7 520 South Harbor Boulevard, 50 feet west of west curb 50 ST-2 , feet south of north ro ert line. 68'8 520 South Harbor Boulevard, 250 feet west of west curb 10 ST-3 , 67 8 feet south of residential ro ert line. ' 520 Harbor Boulevard, 300 feet west of west curb 5 feet ST-4 , north of residential ro erty line. 53.5 Source: Noise Stud Re ort, URS Cor oration. Februar 2007. Construction Noise Construction of the proposed project will result in short-term increases in the ambient noise level. The magnitude of the increases would depend on the type of construction activity, the noise levels generated by the various pieces of construction equipment, the duration of the construction phase, and the distance between the noise source and receptors in the area. Noise levels generated by construction equipment generally decrease at a rate of approximately 6 dBA per doubling of distance from the source. As such, at a distance of 100 feet, the noise levels will be about 6 dBA lower than at the 50 foot reference distance and similarly, at a distance of 200 feet, the noise levels would be approximately 12 dBA lower than at the 50 foot reference distance. The subterranean parking facility will require extensive grading to accommodate the base of the parking facility 13 feet below the existing grade of the site. The southwest corner of the subterranean parking facility will be located approximately 10 feet from the property line of the adjacent single family residences. The proximity of the subterranean parking facility to the noise sensitive land uses presents the probability that noise and vibration will be experienced during the construction phase. Furthermore, piles will be required to provide structural support for the subterranean parking facility. As a substitute for pile driving, casings will be drilled into the foundation floor to accommodate the piles. This procedure results in significantly lower noise levels of 10 to 15 dB compared with traditional pile driving methods. With implementation of the following mitigation measures, limiting the hours of construction hours in accordance with local noise ordinances, and the temporary nature of construction, impacts from construction activities would be reduced to less than significant levels. Mitigation Measures NOI-1 Construction activities shall comply with the applicable local jurisdiction's construction noise requirements. The City of Santa Ana Noise Ordinance prohibits construction activities between the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday, anytime on Sundays, and federal holidays. 55 Initial Study/Mitigated Negative Declaration ' Harbor Medical and Retail Center ~ ~ w ~ Q Q July 2008 1 CSI L~ NOI-2 To avoid unnecessary annoyance from construction noise, the foll owing best practices for construction noise shall apply: a. All noise-producing project equipment and vehicles using internal combustion engines shall be equipped with mufflers and air-inlet silencers, where appropriate, in good operating condition that meet or exceed original factory specifications. Mobile or fixed "package" equipment (e.g., arc-welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment. b. All mobile or fixed noise-producing equipment used on the project, which is regulated for noise output by a local, state, or federal agency, shall comply with such regulations while in the course of project activity. c. Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise-sensitive receptors. d. Locating fixed noise generating equipment as far from noise sensitive land uses as practical. e. The hours of construction, including noisy maintenance activities, shall be restricted to the periods and days permitted by the City of Santa Ana Noise Ordinance. f. Limit the loudest construction activities, such as concrete breaking and jack hammering, to the middle of the day when the sensitivity to such noises will be at its lowest. g. Noise producing signals, including horns, whistles, alarms, and bells shall be used for safety warning purposes only. h. No project related public address or music systems shall be audible at any adjacent receptor. i. If complaints arise, the contractor shall initiate a construction noise-monitoring plan to ensure the construction noise levels at the nearest noise sensitive land uses are within the limits of the noise ordinance. j. Use of temporary noise barriers shall be considered where project activities and equipment is unavoidably close to noise sensitive receptors. k. Use of on-site trailers and containers as temporary barriers between any fixed construction noise source and nearby sensitive receptors. 56 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center ~ ~ A ~ ~ ^ ' Operational Noise ' Implementation of the proposed project consists of a commercial building with a mix of retail, restaurant, and medical-office uses that will result in an increase in vehicular traffic along the roads located closest to the project site. According to ' the Traffic Impact and Parking Analysis prepared for the proposed project, three roadways will show increases in traffic volume. The three roadways are Harbor Boulevard, 1St Street, and McFadden Avenue. The proposed project is anticipated ' to increase the total traffic volume on Harbor Boulevard by approximately 1,600 vehicles per day with a majority of the project-related traffic traveling south on Harbor Boulevard toward McFadden Avenue and the remaining traffic traveling ' north towards 1St Street. This increase in traffic volume due to the proposed project will result in an increase in noise of approximately 0.1 dB CNEL. This level of noise increase would be imperceptible to the human ear, and therefore, ' will not result in a significant impact due to project related traffic volume increases. ' As the proposed project involves a commercial building and a subterranean parking facility, mechanical equipment associated with the building, including air conditioning units, condenser units, and fans will be used. The architectural plans ' for the proposed project indicate that 15 air conditioning units and 15 condenser units will be equipped on the roof of the building. The roof will consist of a 7 foot facade element and parapet, measured from the base of the roof, around the ' perimeter of the roof. The subterranean parking structure will require a mechanical ventilation system to evacuate the carbon dioxide when vehicle exhaust levels become too high. Sensors will be placed within the parking facility ' which will trigger the fans when exhaust concentrations exceed apre-determined level. The ventilation exhaust fan will be located in the northeast corner of the parking facility which will ventilate the exhaust fumes through vents installed on ' the north side of the main driveway. The exhaust ventilation system will operate during normal business hours expected to be from 7 a.m. to 10 p.m. Sound level data of the exhaust ventilation fan was obtained from the manufacturer and ' calculated to be 87 dBA at a distance of 3 feet from the ventilation discharge grille. The results of the mechanical noise analysis indicate worst case mechanical noise levels will be experienced at the southeast corner of the mobile home park, near the center of the project site. The worst case unmitigated mechanical noise level at ' this location will be approximately 47 dBA Ley, when the ventilation exhaust fan is operating. The existing block wall located between the project site and the mobile home park will provide a minimum 5 dB of noise reduction to the ' residents within the mobile home park. The mitigated mechanical noise level within the mobile home park is expected to be less than 42 dBA Lam. The mitigated noise level from the mechanical equipment proposed for this project is ' expected to be less than the measured ambient noise level at the project site, and it is expected to be less than the daytime noise ordinance level of 55 dBA L~ at all of the sensitive noise receptors adjacent to the proposed project site. Noise ' impacts due to the mechanical equipment is not anticipated for this project. 57 Initial Study/Mitigated Negative Declaration July 2008 ' Harbor Medical and Retail Center 7 5A 9 0 u As the proposed project involves the operation of a commercial building, vehicles will be entering and exiting the site during the daytime operating hours to access the retail, restaurant, and medical-offices anticipated to be occupying the building. The retail, restaurant, and medical-offices tenants that will occupy the building are also anticipated to receive deliveries of supplies, maintenance, and other deliveries related to the day-to-day operations of the individual businesses. As a result, the activities associated with day-to-day operations are anticipated to generate noise with vehicular traffic in and around the site. This includes noise associated with vehicle engine start-ups, vehicle doors, horns, and noise associated with vehicles driving through the parking facility including the subterranean parking facility. Typical parking facility noise levels associated with common activities in parking facilities are presented in Table 9. Table 9 -Common Parking Facility Noise Level Noise Source Ran a (dBA L,,,ax) Car startin at 10 feet 53 - 66 Car drivin b at 10 feet 58 - 66 Car drivin at 15 feet 55 - 63 Car door closin at 10 feet 60 - 67 Car trunk closin at 10 feet 43 - 52 Car door o enin at 10 feet 48 - 58 Car en ine shut off at 5 feet 52 - 60 Source: Noise Stud Re ort, URS Cor oration. Existing noise barriers around the perimeter of the project site will reduce the noise levels from parking lot activities by a minimum of 5 dB and a wall with a height of 6 feet can provide approximately 8 dB of noise reduction. The noise levels expected to be experienced by the existing residences adjacent to the proposed project will be less than the values listed in the table above. Furthermore, the noise levels associated with the parking facility of the proposed project should not exceed the noise values and time durations, previously mentioned above, of the City of Santa Ana Noise Ordinance. To further reduce noise levels associated with the parking facility of the proposed project, the following provisions shall be agreed upon by the tenants and visitors of the building. • No deliveries will be allowed before 7 a.m. or after 10 p.m. • Loitering shall be prohibited in the parking lot before 7 a.m. or after 10 p.m. • Delivery vehicle engines shall be shut down when the vehicles are parked. Furthermore, the parking facility has been designed to maintain traffic flow in one direction. Signs and direction arrows will signal the direction of movement within the parking facility and will contribute to the efficient movement of vehicles maneuvering through the site. The vehicle movement will also allow trucks and commercial vehicles to travel in a forward direction within the parking facility thereby reducing sound-emitting safety beepers associated with these vehicles shifting into reverse gear. 58 Initial Study/Mitigated Negative Declaration July 2008 ' Harbor Medical and Retail Center 7 5A 91 ' B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? ' Less than Significant Impact with Mitigation Incorporation. As previously mentioned above, the subterranean parking facility will require extensive grading to accommodate the base of the parking facility 13 feet below the existing grade of the site. The southwest corner of the subterranean parking facility will be located approximately 10 feet from the property line of the adjacent single-family ' residences. The proximity of the subterranean parking facility to the noise sensitive land uses presents the probability that noise and vibration will be experienced during the construction phase. Furthermore, piles will be required to provide structural support for the subterranean parking facility. As a substitute for pile driving, casings will be drilled into the foundation floor to accommodate the piles. This procedure results in significantly lower noise levels of 10 to 15 dB compared with traditional pile driving methods. Therefore, the proposed project as mitigated will not produce excessive groundborne vibration or groundborne noise levels. Refer to response in Noise (A.), above. Implementation of mitigation ' measures, as mentioned in Noise (A.), above, would reduce impacts to less than significant levels. ' C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact with Mitigation Incorporation. The proposed project involves the construction and operation of commercial building with retail, restaurant, and medical-office uses. The proposed project will result in the ' increase in noise associated with the day-to-day activities of a typical commercial building including increases in vehicular traffic along roadways, an increase in noise levels associated with mechanical operation of the building, and noise from i vehicles accessing and maneuvering through the parking facility. However, as mentioned above, the projected increase in traffic volumes associated with the proposed project represents an increase in noise of approximately 0.1 dB CNEL and imperceptible to most people. Mitigated noise levels from the mechanical equipment proposed for the project is expected to be less than the measured ambient noise level at the project site and less than the daytime noise ordinance level of 55 dBA Ley at all sensitive noise receptors adjacent to the proposed project site. Noise associated with the parking facility will be reduced with the existing 6 feet wall and would not exceed the noise values and time durations of the City of Santa Ana Noise Ordinance. Refer to response in Noise (A.), above. ' D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact with Mitigation Incorporation. Refer to response ' in Noise (A.), above. ' S9 Initial Study/Mitigated Negative Declaration July 2008 ' Harbor Medical and Retail Center ~ ~ w ^ i E. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, t would the project expose people residing or working in the project area to excessive noise levels? No Impact. The proposed project site is not within an airport land-use plan and, therefore, no further study is required and no mitigation measures are necessary. F. For a project within the vicinity of a private airstrip, would the project expose ' people residing or working in the project area to excessive noise levels? No Impact. The project site is not located in the vicinity of a private airstrip. The closest heliport is located at the Orange County Sheriff's Department 2.9 miles from the site and would not result in excessive noise for people residing or working in the project area. No further study is necessary and no mitigation 1 measures are required. Population and Housing A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? ' No Impact. The proposed project will develop a 45,744 square foot, two-story commercial building, with a mix of retail, restaurant, and medical offices. The ' construction of the project will require an increase in workers and would most likely draw on the local existing skilled labor population. Upon completion of the building, the daily operation will require a small additional labor force and would ' draw on the local labor pool. The proposed project would also provide goods and services to the surrounding area; however, due to the relatively small scale of the project, population growth is not anticipated with daily operation of the building. Additionally, the project will not require any new roads, as it is located within a ' fully developed urbanized area. Therefore, the proposed project will not directly or indirectly induce a substantial growth m population. No significant impacts would occur and no mitigation measures are necessary. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ' No Impact. The proposed project will replace a field of agricultural row crops and a used car sales lot with a 2-story commercial building and subterranean parking. The proposed project is not anticipated to require a large workforce and ' therefore will not necessitate the construction of housing elsewhere. Therefore, no further study is required and no mitigation measures are necessary. ' C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. Refer to response Population and Housing (B), above. ' 60 Initial Study/Mitigated Negative Declaration July 2008 ' Harbor Medical and Retail Center 7 5A 9 3 Public Services Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: ' A. Fire Protection Less than Significant Impact. The City of Santa Ana Fire Department provides both fire protection and emergency medical services from 10 well distributed fire stations located within a standard 1.5 mile service radius to most locations in the City. The Fire Department prides itself on fire prevention and suppression, which includes averaging a two to three minute emergency response time throughout the ' City. The nearest fire station to the project site is the Santa Ana Fire Department located at 1439 South Broadway Street, approximately 4 miles southeast of the project site. The proposed project is not expected to have significant impacts on City fire resources by conforming with fire prevention measures such as those specified in the UBC including installation of fire alarms and fire suppression systems. r B. Police Protection Less than Significant Impact. Law enforcement services are provided by the ' Santa Ana Police Department. The City maintains a police presence through a central police station located in Civic Center Plaza and four "store front" communications points in strategic locations in the community. Approximately 50 sworn police officers are stationed at the Westend District Substation, which is located at the intersection of Harbor Boulevard and McFadden Avenue. The proposed project is not expected to have significant impacts on police services as ' the project will incorporate design features such as perimeter walls and security lighting and reduce areas that visually block police patrolling opportunities. No significant impacts would occur and no mitigation measures would be necessary. C. Schools No Impact. The project area contains three schools; Russell Elementary, Hazard Elementary, and Newhope Elementary, that serve local residents. Implementation of the project is not expected to generate any new students that would impact schools services provided by the Santa Ana Unified School District and no new 1 schools would be required. No significant impacts would occur and no mitigation measures are necessary. ' D. Parks No Impact. The project area is served by two parks; Campesino Park and Santa Anita Park. As the project does not include any residential uses and neither park takes access off Harbor Boulevard, implementation of the project is not expected to impact the parks. No significant impacts would occur and no mitigation ' measures are necessary. 61 Initial Study/Mitigated Negative Declaration July 2008 ' Harbor Medical and Retail Center 75A 94 ' E. Other Public Facilities No Impact. The proposed project is not expected to impact other public facilities such as libraries since it does not contain a residential component. No significant impacts would occur and no mitigation measures are necessary. t Recreation A. Would the project increase the use of existing neighborhood and regional parks I or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. The proposed project is not expected to increase the use of existing neighborhood or regional parks. Therefore, no further study is required and no mitigation measures are necessary. B. Does the project include recreational facilities or require the construction or ' expansion of recreational facilities which might have an adverse physical effect on the environment? ' No Impact. The project does not include any recreational facilities or require the construction of additional recreational facilities that might have an adverse effect on the environment. Therefore, no further study is required and no mitigation measures are necessary. Transportation and Traffic A. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i. e., result in a substantial increase in ' either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Less Than Significant Impact with Mitigation Incorporation. A Traffic Impact 1 and Parking Analysis (Kimley-Horn and Associates, Inc., 2007) The proposed project would create short-term increases in congestion in the area as a result of construction-related activities. However, the construction-related traffic volumes are anticipated to be nominal due to the relatively small scale of the project. Construction workers' vehicles and equipment will utilize designated parking areas as set forth in the TMP. Through-traffic will be permitted at all times along South Harbor Boulevard. Additionally, access to adjacent businesses and residences will be maintained at all times. On-street parking is currently not permitted along South Harbor Boulevard, however, appropriate detour signs and safety precautions will be implemented for pedestrians, as set forth in the Traffic Management Plan. Construction vehicles, including trucks, will utilize established ' construction routes as approved by the City of Santa Ana and minimize construction traffic on local streets. With implementation of the mitigation measures and temporary nature of construction activities, construction related traffic impacts are anticipated to be less than significant. U l i f pon comp et on o the construction, the daily operation of the proposed project would create less than significant impact on traffic in the project area or along South Harbor Boulevard. Access to the project is provided by a single right- 62 Initial Study/Mitigated Negative Declaration July 2008 ' Harbor Medical and Retail Center 7 5A 9 5 L i~ J in/right-out only driveway on Harbor Boulevard. A raised median on Harbor Boulevard prevents left turns in and out of the project site. The proposed project is estimated to generate 1,370 new trips per day, with 61 inbound/27 outbound trips in the morning peak hour, and 49 inbound/83 outbound trips in the evening peak hour. Table 10 depicts existing conditions using Intersection Capacity Utilization (ICU) and Level of Service (LOS) for both the Harbor Boulevard/First Street intersection and the Harbor Boulevard/McFadden Avenue intersection. ICU is defined as the volume of traffic divided by the capacity of the intersection. LOS is an alphabetical scale, with (A) being best service and (F) being worst service, in relation to levels of corresponding ICU numbers. The Harbor Boulevard/First Street intersection is currently experiencing LOS (D) during the AM peak hour and LOS (C) during the PM peak hour. The Harbor Boulevard/McFadden Avenue intersection is currently at LOS (C) during both the AM and PM peak hours. Table 10 -Summary of Peak Hour Intersection Operation Existing Conditions N Si li d I t ti AM Peak Hour PM Peak Hour o. gna ze n ersec on ICU LOS ICU LOS 1 Harbor Boulevard @ 1S` Street 0.805 D 0.782 C Harbor Boulevard @ McFadden 2 Avenue 0.781 C 0.772 C Source: Traffic Impact and Parking Analysis For The Hazbor Medical and Retail Center, Kimley-Horn and Associates, Inc. Februa 2007. Table 11 shows the Levels of Service (LOS) with a description of each level where LOS (A) is the least congestion and LOS (F) is the most congestion. The City of Santa Ana considers a significant impact to an intersection when the level of service drops to an unacceptable LOS (E) or (F). Table 11 -Levels of Service Descriptions for Signalized Intersections Level of Service ICU Value Description Excellent operation. All approaches to the intersection appear quite A 0.00-0.60 open, turning movements are easily made, and nearly all drivers find freedom of o eration. Very good operation. Many drivers begin to feel somewhat B 0.61-0.70 restricted with platoons of vehicles. This represents stable flow. An approach to an intersection may occasionally be fully utilized and traffic ueues be in to form. Good operation. Occasionally drivers may have to wait more than C 0.71-0.80 60 seconds, and back-ups may develop behind turning vehicles. Most drivers may feel somewhat restricted. Fair operation. Cars are sometimes required to wait more than 60 D 0.81-0.90 seconds during short peaks. There are no long-standing traffic queues. This level is typically associated with design practice for eak eriods. 63 Initial Study/Mitigated Negative Declaration Harbor Medical and Retail Center 7 5A-J 6 July 2008 1 1 Level of Service ICU Value Description Poor operation. Some long-standing vehicular queues develop on E 0.91-1.00 critical approaches to intersections. Delays may be up to several minutes. Force flow. Represents jammed conditions. Back-ups from locations F Over 1.00 downstream or on cross street may restrict or prevent movement of vehicles out of the intersection a roach lanes. Source: Traffic Impact and Pazking Analysis For The Hazbor Medical and Retail Center, Kimley-Horn and Associates, Inc. Febru 2007. Table 12 shows the expected traffic LOS for year 2008, the project-opening year, without the proposed project. This forecasted growth includes a compounded 1% per year growth rate (2% total for this calculation) and the addition of any related projects in the vicinity of the proposed project, but not the proposed project itself. Table 12 -Summary of Peak Hour Intersection Operation Opening Year Conditions Without Project N Si li d I t ti AM Peak Hour PM Peak Hour o. gna ze n ersec on ICU LOS ICU LOS 1 Harbor Boulevard @ 1S` Street 0.853 D 0.820 D Harbor Boulevard @ McFadden 2 Avenue 0.837 D 0.833 D Source: Traffic Impact and Pazking Analysis For The Hazbor Medical and Retail Center, Kimley-Hom and Associates, Inc. Febru 2007. As can be seen from the previous tables, the future Year 2008 traffic will slightly degrade at both intersections from LOS (C) to LOS (D), with the exception of the Harbor Boulevard/First Street intersection, where the AM peak hour LOS will continue unchanged at LOS (D). Since the intersections have not degraded to LOS (E) or (F), the change is considered acceptable under the requirements of the City of Santa Ana. Table 13 depicts the forecasted, Year 2008, traffic levels with and without the proposed project. As can be seen from the table, the LOS with the addition of the project does not significantly degrade the level of service. The ICU at the study intersections decreases less than 1% except for the Harbor Boulevard/First Street PM peak, which decreases by 3%. This is still within the less than significant impact criteria as defined by the City of Santa Ana. Table 13 -Summary of Peak Hour Intersection Operation Opening Year with Project Si li d fear 2008 Conditions Year 2008 + Pro'ect Project gna ze NO' Intersecti AM Peak PM Peak AM Peak PM Peak Impact on ICU LOS ICU LOS ICU LOS ICU LOS AM PM Harbor Blvd 1 @ 1 Street 0.853 D 0.820 D 0.861 D 0.823 D 0.008 0.003 Harbor Blvd 2 @ 1 Street 0.837 D 0.833 D 0.839 D 0.858 D 0.002 0.025 Source: Traffic Impact and Pazking Analysis For The Harbor Medical and Retail Center, Kimley-Hom and Associates, Inc. Febru 2007. 64 Initial Study/Mitigated Negative Declazation July 2008 ' Harbor Medical and Retail Center ~ ~ w 1 As previously mentioned, on-street parking is not permitted on Harbor Boulevard. The proposed project site provides parking in excess of the City's Zoning Code, which requires 245 spaces, and the project would provide 247. Therefore, off-site vehicle parking is not anticipated to be required. 1 TRF-1 The proposed project will implement a TMP to be prepared, in consultation with the City of Santa Ana, prior to construction. The TMP shall consist of prior notices, adequate sign-postings, detours, and temporary driveways, if required. Adequate access shall be maintained at all times to and from existing driveways serving adjacent land uses. Proper detours and warning signs shall be ' established to ensure public safety. The TMP shall be devised so that construction will not interfere with any emergency response or evacuation plans. The TMP shall specify construction routes so that construction workers and vehicles will not travel residential streets, as practical. ' B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or haghways? ' Less than Significant Impact with Mitigation Incorporation. As previously mentioned in Transportation and Traffic (A), the proposed project will create temporary, short-term increases in traffic as a result of construction activities. However, construction activities are considered temporary and would cease upon completion of the proposed project. Additionally, the operation of the project will not degrade level of service to unacceptable levels. C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. Due to the nature of the proposed project, no impacts to air traffic patterns are anticipated to occur. Therefore, no further study is required and no mitigation measures are necessary. ' D. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. Due to the nature of the proposed project, hazards related to design features are not anticipated to occur. Access to the project site is provided via a 26-foot wide, single right-in/right-out only driveway with a median on Harbor Boulevard preventing left-turn in or out maneuvers. The curb lane on Harbor Boulevard is 20-feet wide and therefore, allows turning vehicles to move out of the flow of traffic when turning into the project site. Impacts are not anticipated in ' this regard.. 65 Initial Study/Mitigated Negative Declaration July 2008 1 Harbor Medical and Retail Center 7 ~ w 1 n fl E. Result in inadequate emergency access? Less than Significant Impact with Mitigation Incorporation. Short-term construction related congestion impacts would be mitigated with the implementation of a TMP. Refer to response Transportation and Traffic (A), above. F. Result in inadequate parking capacity? No Impact. Currently, no on-street parking is permitted on South Harbor Boulevard. Temporary parking for construction related vehicles, including workers' vehicles, will be provided on-site. The proposed project would construct 247 on-site parking spaces, including 147 surface parking spaces and 100 subterranean parking spaces. The amount of parking spaces is greater than the City required 245 parking spaces. Table 14 breaks down the required parking by the proposed site use square footage. Table 14 -Parking Requirements Site Use Parking Requirements Site Qty Parking Required Retail 5 spaces / 1,000 square feet 8,880 SF 44.40 Restaurant 10 spaces / 1,000 Square feet 2,724 SF 27.24 Medical 6 spaces / 1,000 square feet 28,775 SF 172.65 Total Parking Required 245 Total Parking Provided 247 Source: Traffic Impact and Pazking Analysis For The Hazbor Medical and Retail Center, Kimley-Hom. and Associates, Inc. Februazy 2007. As seen in the table above, implementation of the proposed project would not result in inadequate parking capacity. G. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact. The proposed project would not conflict with any adopted policies supporting alternative transportation. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less than Significant Impact with Mitigation Incorporation. The Orange County Sanitation District (OCSD) is the service agency providing wastewater treatment for the City of Santa Ana. The OCSD wastewater treatment plant is required to treat wastewater to meet applicable Regional Water Quality Control Board (RWQCB) standards. The proposed project will not exceed the wastewater treatment requirements of the RWQCB. Refer to response Hydrology and Water Quality (A), above. 66 Initial Study/Mitigated Negative Declaration Harbor Medical and Retail Center ~ ~~ w w July 2008 B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the constructio~z of which could cause ' significant environmental effects? No Impact. As the proposed project is located in a developed, urban area, it has a well-established system of water supply distribution, sewer conveyance, storm drains, and other flood control infrastructure. The Santa Ana Public Works Department provides an average of 43 million gallons of water daily through 19 ' groundwater wells, 444 miles of water mains, 7 import connections, and 8 storage tanks/reservoirs. Wells make up approximately 64 percent of the City's water supply, with the remaining 36 percent provided by MWD. The City's wells can provide up to 71 million gallons per day (mgd) or (79,520 acre-feet) and MWD can provide up to 65 mgd or (72,800 acre-feet) (City of Santa Ana 1998: A49). In the year 2000, the total water consumption within the City was 50,977 acre-feet, ' with that level dropping slightly in 2005 to 44,944 acre-feet. The projected year 2010, 2020, and 2030 water usage levels are 52,700, 58,770, and 62,520 acre-feet respectively, which is well within the total capacity of the Santa Ana Public Works Department and MWD (City of Santa Ana 2005). Therefore, the proposed project is not anticipated to have a significant effect on the water supply of the City. C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant ' environmental effects? Less Than Significant Impact with Mitigation Incorporation. The proposed project has the potential to impact storm water drainage facilities. These impacts can be reduced to below significant levels by developing and implementing a SWPPP and a WQMP as required by Mitigation Measures WQ-1 and WQ-2. These plans will implement BMPs to reduce storm water impacts. Therefore, no ' further study is required and no mitigation measures other than WQ-1 and WQ-2 are necessary. ' D. Have suj~cient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact. As discussed in Utilities and Service Systems (B), the project will have sufficient water supplies without any new entitlements or resources. No further study is required and no mitigation measures are necessary. ' E. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. Sewage from the City of Santa Ana is diverted to OCSD's Reclamation Plant Number 1 in Fountain Valley. The plant is currently equipped ' to handle 60 million gallons per day (mgd) with planned expansion to increase capacity to 120 mgd by 2012 (OCSD 2008). The reclamation plant has enough capacity to handle the increase in project related wastewater, therefore, no further study is required and no mitigation measures are necessary. 67 Initial Study/Mitigated Negative Declaration July 2008 ' Harbor Medical and Retail Center 7 5A 10 0 1 ~i F. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact. Implementation of the proposed project would produce waste during the construction phase and during operation. Area landfills currently serving the project indicate capacity to accommodate the project's solid waste disposal needs. G. Comply with federal, state, and local statutes and regulations related to solid waste ? Less Than Significant Impact. The proposed project will comply with federal, state, and local statues and regulations related to solid waste. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact with Mitigation Incorporation. With implementation of the recommended mitigation measures mentioned above, the proposed project would not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of California history or prehistory. ' B. Does the project have impacts that are individually limited, but cumulatively considerable? ("cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past ' projects, the effects of other current projects, and the effects of probable future projects)? Less Than Significant Impact with Mitigation Incorporation. Implementation of the proposed project would not involve significant cumulative impacts. With the implementation of mitigation measured mentioned above, the project's contribution to effect cumulative impacts is considered to be less than significant. Furthermore, due to the relatively small scale of the proposed project and likelihood that all future projects proposed in the area would not occur at once, mitigation measures would reduce impacts to less than significant levels. C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 68 Initial Study/Mitigated Negative Declazation July 2008 Hazbor Medical and Retail Center 7 5A-101 1 i~ Less Than Significant Impact with Mitigation Incorporation. As mentioned previously, due to the relatively small nature of the proposed project, environmental effects which would cause substantial adverse effects on human beings is not anticipated. Construction-related activities will have some minor, short-term impacts (including aesthetics, dust, noise, and traffic congestion) which can be mitigated to less than significant levels. Initial Study/Mitigated Negative Declaration ' Harbor Medical and Retail Center 69 75A-102 July 2008 Chapter 4 ' Miti ation Monitorin Plan and Re ort g g P 1 Introduction ' The California Public Resources Code Section 21081.6 requires that a lead or responsible agency adopt a Mitigation Monitoring Plan (MMP) when approving or carrying out a project where a MND identifies measures to reduce potential adverse environmental impacts to less-than-significant levels. As the lead agency for the proposed project, the City is responsible for adopting and implementing the MMP. ' An IS/MND has been prepared for the Harbor Medical and Retail Center that addresses the potential environmental impacts, and where appropriate, recommends measures to mitigate these impacts. As such, an MMP is required to ensure that adopted mitigation measures are successfully implemented. This document plan lists each mitigation measure, describes the methods for implementation and verification, and identifies the responsible party or parties. ' Project Overview 0 {I 0 The project proponent proposes to develop a 2-story 45,744 square foot medicaUcommercial building on a site that is currently occupied by an agricultural field and a used car sales lot. The project site is zoned GC, and the proposed project is in conformance with the requirements of the General Plan, Zoning Code, and the NHSP. The proposed project includes the following improvements: ^ Zoning Code amendment for ancillary parking; ^ Conditional Use Permit to allow restaurants in the North Harbor Specific Plan; ^ Construction of a 2-story 45,744 sq. ft. commercial building with - 8,880 sq. ft. of retail use, - 2,724 sq. ft. of restaurant use, - 28,775 sq. ft. of medical office use; ^ construction of a 100-space 35,898 sq. ft. under ground parking garage; ^ construction of a 147-space surface parking lot; and ^ closure of one existing curb-cut driveway entrance/exit. Additional details regarding the proposed project and a more in depth project description can be found in Chapter 2 (Project Description). 70 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 7 5A-10 3 ' Monitoring and Reporting Procedures ' The MMP for the proposed Harbor Medical and Retail Center will be in place through all phases of the project, including the design, construction, and operation phases. The City will be responsible for administering the MMP. Additionally, the City will ensure that all ' parties comply with the provisions of the MMP, though the City may delegate monitoring activities to staff, contractors, or consultants. Further, the City will ensure that monitoring is documented using periodic reports and deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to rectify the problems. ' Mitigation Monitoring Plan Implementation Table 15 lists, by resource area, each mitigation measure included in the IS/MND. ' Certain inspections and technical reports may require preparation by qualified individuals and these are specified as needed. 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Yea ~ UaA c °~ . ~«°, ~ ,~G ~ w ~ ~ , , U ~ + q ~ ~i~r ~ i'r y V ~ y ~ O n'3 , O > ~ ',..~ y, O ~" Hi7 o i"' • G+ '-' ~ a ~ ~ ~, ~ GL c~ ~ 0 Q ~ O w ~ ~ v~ . + O ~ G ~ ~ ~ ~ O Q C ~ h v' Q c ~ O ~ .~ ~ a ~i aoi o r . ~ ~."^„ y h a ~ a o c '~ E" . > . w °o, ~ a°i ~ ~ .b ~ `~ ~ 'n ~" b°',o a ~ o ° ~ :b y ' ~, a ~ ~ 3 ~ : ~ ewo ~ ro ~ ~ ~ . o ~ °`' w v ~ to v ~ ~ ~ ~ 3 a~i c ~ ~ > a e e bA ~ C O ~+ y w cd .,, rn ~ O • rn ~ it H a i ~ C C ~ Q O ''.~ ~ w O • fl, • ~ 'Cl cUd C ~, O ~ > ~ ~ C y 'b •~, .~ .., .n N ~ ~ .O y : i T cd •p tr •w., '.~'J ~ fr (A ° y y Lr .fl `n ~"+ ~ C~ ~ ~ Q ~i O a:~ ~ i O ~ w cd T ~ ~ y ~ ~ ~ '~ b q ~ h L]. ~ O ~ O 0 ~ ~ ~ ' [~ C ' U U cd K O y H F' o. '-' , i i ~ . ~ ~ ~ Li ea G GQ o, a; ns e`d '.1- . c ~ „~ ~ ~ . ~ ~ O 3 ~ ., q y ~ -O . as c~ r + .V. ~ rn a~ a ~ `~ o a ' ' o ,~ ~ .~ o ~ .n o ~ a~ o o w; ~ ~ ~: y H . ~ a. ~ ~ b ~ o .d ~ o ~ ° °° a .~ o ~ ~ v -o Q ~ ~ ~ a ' ~ a~ ~ ~ ~ w 3 0 .c o 3 ~ ~ 0 ca. o z ~ ~ ~+ ~ F F-+ 75A-112 00 0 0 N T ~-, O~ 0 Q ~ ~U ~~ zy .D N bA ~ .~ .~ -o a~i ~ ~ ~ o .~ ~ ~= x Chapter S ' References Printed References Alliance Environmental Services. 2006. Phase I Environmental Site Assessment, 520 South Harbor Boulevard, Santa Ana, CA. ' Don Soils Engineering Co. 2006. Geotechnical Investigation Report, 520 South Harbor Boulevard, Santa Ana, CA. Kimley-Horn and Associates Inc. 2007. Traffic Impact and Parking Analysis for the Harbor Medical and Retail Center. ' Santa Ana, City of. 1987. City of Santa Ana General Plan. Airport Environs Element. Santa Ana, City of. 1998. City of Santa Ana General Plan. Circulation Element. ' Santa Ana, City of. 2000. City of Santa Ana General Plan. Conservation Element. Santa Ana, City of. 1998. City of Santa Ana General Plan. Economic Development Element. Santa Ana, City of. 1988. City of Santa Ana General Plan. Education Element. Santa Ana, City of. 1982. City of Santa Ana General Plan. Energy Element. Santa Ana, City of. 1991. City of Santa Ana General Plan. Growth Management Element. ' Santa Ana, City of. 2000. City of Santa Ana General Plan. Housing Element. S A Ci f 1998 Ci f S anta na, ty o . . ty o anta Ana General Plan. Land Use Element. Santa Ana, City of. 1982. City of Santa Ana General Plan. Noise Element. S t A Cit f 1992 N rth H b S if Pl an a na, y o . . o ar or pec ic an. Santa Ana, City of. 1982. City of Santa Ana General Plan. Open Space, Parks, and Recreation Element. Santa Ana, City of. 1982. City of Santa Ana General Plan. Public Facilities Element. ' Santa Ana, City of. 1982. City of Santa Ana General Plan. Public Safety Element. Santa Ana, City of. 1982. City of Santa Ana General Plan. Scenic Corridors Element. Santa Ana, City o£ 1982. City of Santa Ana General Plan. Seismic Element. Santa Ana, City of. 1998. Santa Ana General Plan, Urban Design Element. Santa Ana, City of. 2005. Urban Water Management Plan. URS Corporation. 2008. 520 S. Harbor Boulevard Air Study. ' URS Corporation. 2008. 520 S. Harbor Boulevard Noise Study. ' 80 Initial Study/Mitigated Negative Declazation July 2008 Harbor Medical and Retail Center 7 5A 113 1 ~i Web Sites California Integrated Waste Management Board (CIWMB). 2006. Jurisdictional Profile for City of Santa Ana. http://ciwmb.ca.gov/Profiles/Juris/JurProfilel.asp? California Scenic Highway Mapping System. 1999. http://www.dot.ca.gov /hq/LandArch/scenic_highways/index.htm. Department of Conservation. 2006. Farmland Mapping and Monitoring Program (FMMP). http://www.conservation.ca.gov/dlrp/fmmp/Pages/Index.aspx Department of Conservation, Division of Oil, Gas and Thermal Resources. 2006, December. Oil and Gas Maps District 1. http://www.consrv.ca.gov /DOG/maps/index_map.htm. Department of Conservation. 1998. Seismic Hazards Zone Map Anaheim Quadrangle. http: //gmw. consrv. ca. gov/shmp/MapProcessor. asp? Federal Emergency Management Agency. 2004. Map Service Center. http://msc.fema.gov /webapp/wcs/stores/servlet/MapSearchResult? Orange County Sanitation District (OCSD). 2008. Fountain Valley Wastewater Reclamation Facility. http://www.ocsd.com/construction/fountain_valley_ Santa Ana, City of. 2004. Historic Resources Map. http://www.ci.santa-ana.ca.us /pba/planning/documents/HistoricMap_2004.pdf. U.S. Census Bureau. 2000. State and County Quick Facts, Santa Ana (city), California. http://quickfacts.census.gov/gfd/meta/long 71061.htm. Initial Study/Mitigated Negative Declaration ' Harbor Medical and Retail Center 81 75A-114 July 2008 Chapter 6 List of Preparers City of Santa Ana URS Corporation Pedro Guillen Associate Planner Court Morgan Environmental Planner/Project Manager Jillian Baker, Ph.D. Air Quality Ted Lindberg Noise and Vibration Youji Yasui Environmental Planner 82 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 7 5A-115 Appendix A List of Technical Studies Bound Separately • Air Quality Analysis (URS Corporation, 2008) • Noise Study Report (URS Corporation, 2007) • Geotechnical Investigation Report -Site of Proposed Commercial Building at 520 South Harbor Boulevard, Santa Ana, California (2006) • Traffic Impact and Parking Analysis for the Harbor Medical and Retail Center, Santa Ana, California (Kimley-Horn and Associates, Inc., 2007) 83 Initial Study/Mitigated Negative Declaration July 2008 Harbor Medical and Retail Center 7 5A-116 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING A NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 2006-87 AND AMENDING THE NORTH HARBOR SPECIFIC PLAN (SP2) ZONING DISTRICT TO REZONE THE PROPERTY LOCATED AT 520 SOUTH HARBOR BOULEVARD FROM SINGLE FAMILY RESIDENTIAL TO GENERAL COMMERCIAL (ZOA NO. 2008-02) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The North Harbor Specific Plan (SP-2) was created in June 20, 1994. B. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02 and Conditional Use Permit No. 2008-23 came before the Planning Commission on August 11, 2008 for a duly noticed public hearing. By a vote of 7:0, the Planning Commission voted to recommend the City Council approve Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02 and Conditional Use Permit No. 2008-23 as conditioned. C. The City Council held a duly noticed public hearing on September 2, 2008 and at that time considered all testimony written or oral on Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02 and Conditional Use Permit No. 2008-23. D. Zoning Ordinance Amendment No. 2008-02 has been filed to change the zoning of 520 South Harbor Boulevard which is located within the North Harbor Specific Plan (SP-2) from its current zoning of single family residential and general commercial to general commercial. Section 2. The City Council has reviewed and considered the information contained in the initial study, the mitigated negative declaration, and mitigation monitoring program for Environmental Review No. 2006-87, prepared 75A-117 with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment which have not been mitigated. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein is the change to North Harbor Specific Plan (SP2) which changes the zoning of 520 South Harbor Boulevard from its current zoning of single family residential and general commercial to general commercial. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of , 2008. Miguel A. Pulido Mayor 75A-118 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-119 .. - _ _.~. _ ~ ~, ~ _.. ~ - ~ , i ,~ t, _ ~ ~ _~_.. _ , - r., ., ,, _ ; . .. ,~. , ,. .. :. . E _.. P4~ _ .. .. ' ~ COA~MPRCIAL. • INAUS7RlAL. f " •~ - .. .. - ~ ~ ~ 4.-...~ x , ~ - ~ R. ~ , ;_ ~~ v:,. _ .. . ~ ~ l j. i r ti` y Z - ~ Tom. ' . ~ .. a ' _. -- y ~ ~ i ry '~ ~ '~' s~ ,~ rt_ u f ~ ,-y , ~y„ F r ~ "~~ ~ ~ F { y~ ~ ~ _ .~-. _ A 4~ _ OPF,N SPACE s , _ .. ., ~ ~ ~~ ~ ~ ' , ~ , - ~ . `~. .. A ~ FLNAL GENERAL COb1MERCIAI, J LL f ~. T ~ ~~ ' _, r. a,.. '*• f ~" . t } ~~ _ ~ ~ .. .a GENERAL ~ ~ ~.~ ~' ~~~~+"t ~ ~A~t ~?? COMMERCIAL ~ _ r " ' r ' .. ~ t* 4 ~ n . .. » ~ „ 'X n y k , C ~ ' ; ~ * ~ ~ t ~ a z - ~ ~ ~ t . ,,.~~.~. r~ a ~~_ - t 9 `_, Y ` Y y ~ ~ ~~, h ~ •_ * S ~~ ~Y..v rf ~~'s_ ~s a ~~ *~, ~ . - ~ E%HIBIT A 75A-120 ~~.>KI~H H,IRBUR SPEt;IPIC PL~1\ Pi~~uc ~ 1 ~nrh f [ar[xir Spey: ific Plan EuEj>l~[sis 7r~rrs 75A-121 KO- 7/26/08 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-23 AS CONDITIONED TO ALLOW 2,696 SQUARE FEET OF RESTAURANT SPACE AT THE PROPERTY LOCATED AT 520 SOUTH HARBOR BOULEVARD 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. Applicant is requesting approval of Conditional Use Permit No. 2008-23 to allow 2,696 square feet of restaurant space at the property located at 520 South Harbor Boulevard which is located in the North Harbor Specific Plan (SP-2). B. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02 and Conditional Use Permit No. 2008-23 came before the Planning Commission on August 11, 2008 for a duly noticed public hearing. By a vote of 7:0, the Planning Commission voted to recommend the City Council approve Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02 and Conditional Use Permit No. 2008-23 as conditioned. C. The City Council held a duly noticed public hearing on September 2, 2008 and at that time considered all testimony written or oral on Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02 and Conditional Use Permit No. 2008-23. D. Pursuant to the North Harbor Specific Plan (SP-2), restaurants and other eating establishments, including take-out, but not including drive-through facilities are permitted subject to the issuance of a conditional use permit. E. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Resolution No. 2008- Page 1 of 9 75A-122 Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed restaurant use will add an additional service to the existing community by providing an additional location for existing residents and business to eat. This will provide patrons with the convenience of purchasing food, while waiting for medical appointments or shopping at the proposed retail uses. Policy 2.2 of the Land Use Element encourages commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Additionally, the inclusion of conditions of approval will help to ensure that the applicant will operate the project in a manner that will not create additional problems for the neighboring residents and Police Department. In addition, the proposed development complies with Policy 5.5 of the Land Use Element that encourages projects that are compatible with and supportive of surrounding land uses. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed restaurant use will not be detrimental to persons residing or working in the area because of placement conditions of approval on the project. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The restaurant use will be a supportive use and provide additional dining and eating opportunities for the neighboring area and will not create any negative impacts to the surrounding residences and commercial businesses. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project will not negatively affect the economic stability of the surrounding area. Policy 2.5 of the Land Use Element encourages projects that balance economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. A restaurant will not affect the surrounding neighborhood or City. The addition of the restaurant space will create an additional service for the surrounding residential and commercial neighborhoods. The conditions of approval will help to mitigate any potential Resolution No. 2008- Page 2 of 9 75A-123 problems and will minimize the possibility of the restaurant affecting the economic stability for the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project is a new development and will be in complete compliance will applicable regulations and standards specified in Chapter 41. In addition, conditions of approval will be placed on the conditional use permit to ensure compliance with City standards. The proposed project complies with the intent of the City's codes and the intent of the North Harbor Specific Plan goals and objectives. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not have adverse affects on the General Plan as it is permitted in the General Commercial land use designation. Policy 2.2 and 2.5 of the Land Use Element encourage commercial land uses in adequate amounts to accommodate the City's needs for goods and services and encourages projects that balance economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. The proposed use will give the neighborhood an additional restaurant use to purchase food. Additionally, Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The proposed project is located within an existing commercial corridor and the addition of the restaurant use will not affect the General Plan of the City. F. Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2006-87 came before the City Council on September 2, 2008 with the ordinance adopting ZOA 2008-03. This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolutions and said Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2006-87 in support of this resolution. Section 2. The City Council after conducting the public hearing hereby approves Conditional Use Permit No. 2008-23 as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow the operation of 2,696 square feet of restaurant space at the property located at 520 South Harbor Boulevard. The approval of the restaurant does not include adrive-through facility. This decision is based upon the evidence submitted at Resolution No. 2008- Page 3 of 9 75A-124 the above said hearing, which includes but is not limited to: the Request for City Council Action dated September 2, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect thirty (30) days after its adoption by the City Council; provided however, that if Ordinance No. NS-2773 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2008- Page 4 of 9 75A-125 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of attached Resolution No. Council of the City of Santa Ana on Date: the Council, do hereby attest to and certify the to be the original resolution adopted by the City Clerk of the Council City of Santa Ana Resolution No. 2008- Page 5 of 9 75A-126 Conditions for Approval for Conditional Use Permit No 2008-23 Conditional Use Permit No. 2008-23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below riot to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division The project shall remain in compliance with Site Plan Review (DP No. 06- 43). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to final issuance of a building permit, a sign program shall be submitted to the Planning Division for review and approval. 4. Construction areas shall receive appropriate routine maintenance to reduce unnecessary debris piles. 5. Construction areas shall have appropriate erosion and dust control programs in place. 6. Construction lighting shall be limited to safety and security and directed to minimize light and glare impacts to any adjacent sensitive receptors. 7. The proposed project will comply with the design standards outlined in the City of Santa Ana's North Harbor Specific Plan. 8. For the proposed commercial building, subterranean parking, and surface parking lot, all lighting shall comply with all City zoning, building, and NHSP design guidelines and will utilize directional and/or shielded lighting in order to minimize spillover effects to adjacent vicinities. The applicant will provide the City, for their approval, a lighting plan with a photometric study that shows the point-by-point foot-candle layout to 20 feet outside the property line (NHSP 6.2.3). Additionally, all new projects shall provide Resolution No. 2008- Exhibit A Page 6 of 9 75A-127 an ornamental night lighting plan, prepared by an electrical engineer, and approved by the building, planning, and police departments (NHSP 6.2.3). 9. The applicant shall apply soil stabilizers to inactive areas; water exposed surfaces two times a day to reduce air quality impacts from construction related activities. 10. The applicant shall apply position equipment staging areas away from the sensitive receptors to reduce air quality impacts from construction related activities. 11. If human remains are unearthed during construction, work shall cease immediately and the County Coroner shall be contacted to make necessary findings as to the origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American decent, the NAHC shall be notified. The NAHC will identify the ancestry of the remains and determine which course of action should be taken in addressing the findings. 12. If the temporary structures are to be demolished, then as a condition of approval for the project, an asbestos containing materials survey will be performed by a qualified environmental professional before any demolition permit is issued. Said survey will adhere to federal, state, and local regulations and will be sent to the City for approval. If the survey finds ACMs in the temporary structures, then those materials containing ACMs will be removed and disposed of in accordance with federal, state, and local laws and regulations. 13. If lead-based paint is discovered during on-site investigations, all building materials containing lead-based paint will be removed, transported, and disposed of at landfills that meet acceptance criteria for the waste being disposed. Demolition and removal shall be performed in conformance with federal, state, and local laws and regulations pertaining to lead based paint. 14. As part of the design for the proposed project, a Water Quality Management Plan (WQMP) will be prepared and implemented. The WQMP will include structural and nonstructural Best Management Practices (BMPs), which will avoid or minimize, to the greatest extent possible, the impacts associated with the daily operation of the project site. 15. The proposed project will require a National Pollution Discharge Elimination System (NPDES) permit and will require the preparation of a Stormwater Pollution Prevention Plan (SWPPP) incorporating BMPs to reduce stormwater impacts during construction. Resolution No. 2008- Page 7 of 9 75A-128 16. Construction activities shall comply with the applicable local jurisdiction's construction noise requirements. The City of Santa Ana Noise Ordinance prohibits construction activities between the hour of 8:00 p.m. and 7:00 a.m. Monday through Saturday, anytime on Sundays, and federal holidays. 17. All noise-producing project equipment and vehicles using internal combustion engines shall be equipped with mufflers and air-inlet silencers, where appropriate, in good operating condition that meet or exceed original factory specifications. Mobile or fixed "package" equipment (e.g., arc-welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment. 18. All mobile or fixed noise producing equipment used on the project, which is regulated for noise output by a local, state, or federal agency, shall comply with such regulation while in the course of project activity. 19. All material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise sensitive receptors. 20. The applicant shall locate fixed noise generating equipment as far from noise sensitive land uses as practical to avoid unnecessary annoyance from construction noise. 21. The hours of construction, including noisy maintenance activities, shall be restricted to the periods and days permitted by the City of Santa Ana Noise Ordinance. 22. The loudest construction activities, such as concrete breaking and jack hammering, shall be limited to the middle of the day when the sensitivity to such noises will be at its lowest. 23. Noise producing signals, including horns, whistles, alarms, and bells shall be used for safety warning purposes only. 24. No project related public address or music systems shall be audible at any adjacent receptor. 25. If complaints arise, the contractor shall initiate a construction noise- monitoring plan to ensure the construction noise levels at the nearest noise sensitive land uses are within the limits of the noise ordinance. 26. Use of temporary noise barriers shall be considered where project activities and equipment is unavoidably close to noise sensitive receptors. Resolution No. 2008- Page 8 of 9 75A-129 27. The use of on-site trailers and containers as temporary barriers between any fixed construction noise source and nearby sensitive receptors shall be used to avoid unnecessary annoyance from construction noise. 28. The proposed project will implement a Traffic Management Plan (TMP) to be prepared, in consultation with the City of Santa Ana, prior to construction. The TMP shall consist of prior notices, adequate sign- postings, detours, and temporary driveways, if required. Adequate access shall be maintained at all times to and from existing driveways serving adjacent land uses. Proper detours and warning signs shall be established to ensure public safety. The TMP shall be devised so that construction will not interfere with any emergency response or evacuation plans. The TMP shall specify construction routes so that construction workers and vehicles will travel non-residential street, as practical. B. Police Department Subterranean parking to be equipped with a rolling overhead grille equipped with an Emergency Knox Access System. 2. Parking garage design: Each door within the structure leading into a stairwell, lobby, and storage area must be outfitted with a 100 square inch rated window. Convex mirrors minimum of 12-inch in diameter must be provided at each stairwell landing and at each corner along a walkway. The area underneath the last flight of each stair must be fully enclosed at its base. Elevator lobbies must be glass encased (glass entry doors) to provide the user with maximum visibility. Elevations of the glass-encased lobby are to be submitted for review and approval prior to installation. Elevator lobbies must open directly into the parking garage. Elevators are to be equipped with a minimum 12-inch shatterproof convex mirrors or are to have mirrored backing. 3. One State licensed uniformed security guard will be required of the exterior of the property seven days a week, twenty-four hours a day. 4. Underground parking garage elevator lobby to be glass encased to provide maximum visibility. Resolution No. 2008- Page 9 of 9 75A-130