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Home My WebLink About FULL PACKET_2011-10-17MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 17, 2011 CLOSED SESSION MEETING CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 5:10 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO* COUNCILMEMBERS Absent: None Pro Tem (5:30 STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Bustamante, Benavides, Martinez, and Sarmiento. MOTION: Elect Councilmember Bustamante Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Bustamante, Martinez, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Pulido, Tinajero (3) CITY COUNCIL MINUTES 1 OCTOBER 17, 2011 1 0A -1 PUBLIC COMMENTS - None COUNCIL RECESSED to Police Chief's Conference Room, 4th Floor, 60 Civic Center Plaza for Closed Session discussion at 5:11 p.m. *Councilmember Tinajero joined the Closed Session meeting via teleconference at 5:17 p.m. from 3304 Aries Ct., Santa Ana, CA 92704. Notice was posted at the remote location pursuant to Government Code § 54953. CLOSED SESSION ITEMS 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Brett N. Lozano v. City of Santa Ana; Orange County Superior Court Case No. 30- 2010 - 00398323 1B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) CITY COUNCIL MINUTES 2 G r�7. OCTOBER 17, 2011 1C PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney; and City Manager Mayor Pro Tern Alvarez arrived at 5:30 p.m. CLOSED SESSION REPORT — See Item 19A for Report. ADJOURNED THE CLOSED SESSION MEETING AT 7:30 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 OCTOBER 17,201-1 i NMI CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE REGULAR OPEN SESSION POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 7:39 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE VINCENT F. SARMIENTO COUNCILMEMBERS Absent: MICHELE MARTINEZ SAL TINAJERO Pro Tern (7:44 STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO CLOSED SESSION REPORT — See Agenda Item 19A for Report. PUBLIC COMMENT • Lisann Martinez, commented on police situation in her neighborhood; proposed that cameras be installed in police vehicles; and also questioned why water meter readers not seen in some areas of the City. • Joese Hernandez, representing Occupy Orange County, requested support of Occupy Wall Street efforts. • Shay, representing Occupy Orange County, commented on considerable homeless population in City and need to address issue. • Dylan Thompson, representing Occupy Orange County, requested exemption on anti - camping ordinance — same as City of Los Angeles. • Theodore Hirsch, spoke in support of the Occupy movement throughout nation; urged City to waive anti - camping ordinance and support peacefully rally planned in City. • Alex Vega, commented on efforts by Centro Cultural to address homeless issue. • Suzanne Esber, spoke in support of Agenda Item 55A and grant application for improvements at Park Santiago. CITY COUNCIL MINUTES 4 1 0A -4 OCTOBER 17, 2011 • Thomas Cartney, also spoke in support of Agenda Item 55A. • Ralph Allen, proposed that City develop a park in the vacant lots south of 4th Street (considered Station District area). • Dave Hoen, commented on City's Code of Conduct and Ethics as it relates to Agenda Item 85A. • Sam Aresheh, representing Occupy Orange County, spoke in support of rally planned in the City and urged the City Council to support their efforts. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25D with the following modifications: • Excuse Councilmembers Martinez and Tinajero from October 17, 2011 City Council Meeting; and • Councilmember Benavides pulled Agenda Item 19F for separate discussion. MOTION: Bustamante SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF OCTOBER 3, 2011 - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF OCTOBER 10, 2011 - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 5 OCTOBER 17, 2011 1 0A -5 BOARDS / COMMISSIONS / COMMITTEES 13A COUNCIL COMMITTEE REPORTS — Police Department MOTION: Receive and file the Public Safety Committee minutes of August 10, 2011. 13B BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT (APRIL 2011 THROUGH SEPTEMBER 2011) — Clerk of the Council MOTION: Receive and file Boards and Commissions Biannual Attendance Report. 13C APPOINT COUNCILMEMBER MICHELE MARTINEZ AS ALTERNATE REPRESENTATIVE ON THE NEWPORT BAY WATERSHED EXECUTIVE COMMITTEE MOTION: Appoint Councilmember Michele Martinez as an alternate representative. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT Mayor Pulido announced that Interim City Manager Paul Walters to remain in position indefinitely and until further notice. 19B EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse Councilmembers Martinez and Tinajero from the October 17, 2011 City Council meeting. 19C WORKFORCE INVESTMENT ACT PLAN MODIFICATION FOR FISCAL YEAR 2011 -2012 - Community Development Agency MOTION: Approve the Santa Ana Workforce Investment Board Annual Plan Modification for Fiscal Year 2011 -2012 and authorize its submittal to the State of California Workforce Investment Board. CITY COUNCIL MINUTES 6 OCTOBER 17, 2011 iil�l�� 19D DONATION OF SURPLUS TELEVISIONS TO SIX COMMUNITY VIDEO NETWORK PROGRAM PARTICIPANTS - Parks, Recreation & Community Services Agency MOTION: Authorize the Finance and Management Services Agency to donate six surplus televisions to community video network program participants. 19E REQUEST FOR PROPOSALS - DRAINAGE AND EMERGENCY CLEANUP SERVICES REQUIRED UNDER THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM ( NPDES) STORMWATER PROGRAM - Public Works Agency MOTION: Authorize the Public Works Agency to send a Request for Proposals to qualified consultants to provide on -call services to comply with the requirements of the NPDES permit. Councilmember Benavides asked Fire Chief Dave Thomas about timing requirement for preparation of the proposal. Chief Thomas said it would take up to 90 days, but would expedite the process as much as possible. MOTION: Authorize the City Manager to request a proposal from the Orange County Fire Authority for the purposes of outsourcing all fire and emergency medical services in an amount not to exceed $75,000. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Bustamante Alvarez, Benavides, Sarmiento (5) None (0) None (0) Martinez, Tinajero (2) Bustamante, Pulido, CITY COUNCIL MINUTES 7 OCTOBER 17, 2011 1 0A -7 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A 2011 JUSTICE ASSISTANCE GRANT (JAG) - Police Department MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -069 - Recognizing the 2011 Justice Assistance Grant in an amount of $132,275 into the revenue account and appropriate same into the 2011 Justice Assistance Grant Expenditure account. 2. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement. AGMT NO. 2011 -234 - With the County of Orange, Sheriff's Department to transfer the 2011 Justice Assistance Grant Program in an amount of $132,275. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22C) 22A SPEC. NO. 11 -052 - ROOF REPAIR -Award a contract to DLS Builders in an amount of $24,100, to be reimbursed from insurance proceeds; and increase the aggregate limit by $10,000 for a blanket contract for Building Maintenance in an annual amount not to exceed $34,100 - Finance & Management Services 22B SPEC. NO. 11 -049 - MULTI -JET WATER METERS - Award a contract with Aqua- Metric Sales Company for a one -year period with provision for three one -year renewals in an amount not to exceed $60,000 (Public Works Agency) - Finance & Management Services 22C SPEC. NO. 11 -044 - SIGNS, HARDWARE AND ACCESSORIES - Award a contract to Safeway Sign Company for a one -year period, with provisions for two one -year renewals in an amount not to exceed $100,000 (Public Works Agency) - Finance & Management Services CITY COUNCIL MINUTES 8 OCTOBER 17, 2011 PROJECTS /CHANGE ORDERS 23A REJECTION OF BIDS FOR CATALINA STREET PUMP OWNERS ASSOCIATION WATER SERVICE CONNECTION AND DIAMOND PARK MUTUAL WATER COMPANY WATER MAIN IMPROVEMENTS (PROJECT NOS. 10 -6403 AND 10 -6404) PROPOSITION 84 GRANT MOTION: Reject all bids for the Catalina Street Pump Owners Association Water Service Connection and Diamond Water Company Water Main Improvement projects. AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney and/or actions as noted on the Request for Council Action report. (Item 25A through 25D) 25A AGMT NO. 2011 -235 - STUDY FUTURE MANAGEMENT OPTIONS FOR THE SANTA ANA ZOO AT PRENTICE PARK - With Schultz and Williams in an amount of $39,275 for a one -year term - Parks, Recreation & Community Services Agency 25B AGMT NO. 2011 -236 - ANNUAL MAINTENANCE AND UPGRADE TO POLICE DIGITAL IMAGING MANAGEMENT SYSTEM — Execute an amendment with Linear Systems, in an amount not to exceed $33,325.75 - Police Department 25C AGMT NO. 2011 -237 - PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER - RELATED ISSUES - With the Municipal Water District of Orange County in an amount not to exceed $30,000 - Public Works Agency 25D AGMT NO. 2011 -238 - PREPARATION OF A SANITARY SEWER AND WATER FINANCIAL PLAN - With Black & Veatch Corporation in an amount not to exceed $230,000 paid for through the Administrative and Engineering Fund — Public Works Agency * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 9 OCTOBER 17, 2011 LL1 A , BUSINESS CALENDAR ITEMS RESOLUTIONS 55A AUTHORIZE THE SUBMITTAL OF PROPOSITION 84 CALIFORNIA RIVER PARKWAYS GRANT APPLICATION IN AN AMOUNT OF $3,000,000 FOR SANTIAGO PARK LANDSCAPE IMPROVEMENTS - Parks, Recreation & Community Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2011 -067 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento (5) NOES: ABSTAIN: ABSENT: WORK STUDY SESSION None (0) None (0) Martinez, Tinajero (2) WSA WARNER AVENUE WIDENING - MAIN STREET TO GRAND AVENUE - ENVIRONMENTAL PROCESS AND COMMUNITY OUTREACH - Public Works Agency Raul Godinez, II, Public Works Executive Director introduced Jason Gabriel, Senior Civil Engineer and presented report: /icinity Map .j=4 r CITY COUNCIL MINUTES 10 OCTOBER 17, 2011 1 0A -10 PROJECT HISTORY & SUMMARY History: ■ Project is part of mitigation for Tustin Legacy Project, City of Tustin, approved in 2003 - Redevelopment of the former Tustin Marine Corps Air Station with mixed -use commercial, residential, and industrial - Traffic impact mitigation measure provides funds for design and environmental processing ■ This segment is currently a bottleneck - both sides of this segment are already 6 lanes ■ Preliminary engineering and environmental work was initiated in 2009 Summary: ■ Widening is needed to address growth trends and congested traffic ■ Proposed widening is from 4 lanes to 6 lanes between Grand Avenue and Main Street ■ Project is consistent with County Master Plan of Highways (MPAH) ■ Project is consistent with City's General Plan Circulation Element EXISTING CONDITIONS ■ Existing residential and commercial /industrial uses ■ Four lanes (2 lanes in each direction) ■ Signals at: - Main St. - Pacific Electric Bike Trail (Anahurst PI.) - Halladay St. - Standard Ave. - Fire Station (Beeson Ln.) - Grand Ave. ■ At -grade railroad crossing between Standard Ave. and Hathaway St. ■ Utilities (power poles /lines) CITY COUNCIL MINUTES 11 OCTOBER 17, 2011 1 0A -11 PROJECT DESCRIPTION ■ Several alignment alternatives were evaluated to minimize impact ■ 3 alignments were analyzed, along with a no -build alternative ■ Increased right -of -way width will accommodate: — 3 travel lanes in each direction — Sidewalk — Bike lane — Raised center landscaped median ■ Improved drainage ■ Bioswales to accommodate new Clean Water Act requirements TYPICAL CROSS - SECTION PROJECT ALTERNATIVE — 1 ■ Widen the South Side of Warner 50 feet behind existing ROW ■ Major Impacts to: — Monroe Elementary School — National Guard Armory — Delhi Park — Cherry Aerospace Fastening — Fire Station PROJECT ALTERNATIVE — 2 ■ Widen both sides of Warner 25 feet behind existing ROW ■ Major Impacts to: Cherry Aerospace Fastening Fire Station ■ Minimal Impacts to: CITY COUNCIL MINUTES 12 OCTOBER 17, 2011 1 0A -12 Monroe Elementary School National Guard Armory Delhi Park PROJECT ALTERNATIVE — 3 ■ Widen the North Side of Warner 50 feet behind existing ROW ■ Minimal Impacts to: — Delhi Park — National Guard Armory — Monroe Elementary School — Cherry Aerospace Fastening — Fire Station ENVIRONMENTAL PROCESSING & SCHEDULE ■ Public Outreach (Nov. 2011 — June 2012) ■ Initial Study and Notice of Preparation (NOP) (Nov. 2011) NOP — notice to agencies and public of the preparation of the Environmental Impact Report (EIR) ■ Public Scoping Meeting (Dec. 2011) Agencies /public comment on potential environmental impacts & concerns ■ Draft EIR prepared (Oct. 2011 - Jan. 2012) Comments are incorporated into Draft EIR CITY COUNCIL MINUTES 13 OCTOBER 17, 2011 1 0A -13 Draft EIR circulated for public review and comment (Feb.—April 2012) Final EIR — respond to comments (May 2012) City Council (June 2012) PUBLIC OUTREACH PLAN ■ In collaboration with CDA's Neighborhood Coordinator, staff will meet with the following groups to introduce the project: — Delhi Neighborhood — Delhi Community Center — OCCCO (Orange County Congregation Community Organization) — SACRED (Santa Ana Collaborative for Responsible Development) Local businesses and schools impacted by improvements ■ Public Meetings Scoping Meeting Additional Meetings (as needed) City Council Approve EIR Approve Preferred Project Alternative Documents will be available on City's website COST ESTIMATE & FUNDING Cost Estimate Dec 2014 Engineering $1.5 million ROW $36 million Construction $13.5 million Total $51 million Funding Sources -TSIA (Transportation System Improvement Area) - Settlement Agreement w/ Tustin -2012 Measure M2 Call for Projects -Other Local or State Grants PROJECT SCHEDULE Environmental Clearance Final Design: ROW: Utility Relocation: Construction: June 2012 July 2012 - Dec 2014 July 2013 - Dec 2014 Jan 2015 - Jun 2015 July 2015 - Jun 2016 Council discussion ensued. Mayor Pro Tern Alvarez asked about funding courses and timing of acquisition. Councilmember Benavides requested undergrounding of utilities, quiet zone, as possible. Councilmember Sarmiento asked about traffic impacts to Tustin Legacy project; include CITY COUNCIL MINUTES 14 OCTOBER 17, 2011 1 0A -14 Guadalupe Church in outreach efforts; if remnant parcels turn to bike lanes; and consider synthetic turf. COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A ADDRESS PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ( "PBID ") ISSUES AND CONCERNS INCLUDING BUT NOT LIMITED TO PROCESS FOR DISESTABLISHMENT, AMENDING RESOLUTION TO ADD PROCESS FOR DISESTABLISHMENT BY PROPERTY OWNERS, HOLDING ADVISORY ELECTION, AND SETTING PUBLIC HEARING FOR DISESTABLISHMENT (Mayor Pro Tern Alvarez) Continued from the August 24, September 19, and October 3, 2011 City Council meetings. Mayor Pro Tern Alvarez requested that item be continued since Mayor Pulido and Councilmember Sarmiento not able to participate and City Councilmembers Tinajero and Martinez absent from meeting, thus no quorum to consider matter. COMMENTS 90A CITY MANAGER'S COMMENTS Interim City Manager Walters recapped efforts to communicate with neighborhood associations and City employees on City's budget situation, and announced that a portal is available on the City's website for the community to provide suggestions. 90B CITY COUNCILMEMBER COMMENTS Councilmember Benavides: • Commented on speakers that addressed the City Council regarding Occupy OC movement; encouraged leaders to work with City staff. ADJOURNED- 8:37 P.M. - The next meeting of the City Council is scheduled for Monday, November 7, 2011 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 6:00 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. CITY COUNCIL MINUTES 15 OCTOBER 17, 2011 1 0A -15 ii[Il_dI1 MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER OCTOBER 24, 2011 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:04 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor (5:16 P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:11 P.M.) COUNCILMEMBERS Absent: CLAUDIA C. ALVAREZ, Mayor Pro Tern STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Benavides, Bustamante, Martinez, and Sarmiento. MOTION: Elect Councilmember Bustamante Chair (pursuant to SAMC 2 -101 due to unavailability of Mayor and Mayor Pro Tern). MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC COMMENTS — None SECOND: Sarmiento Benavides, Bustamante, Martinez, Sarmiento (4) None (0) None (0) Alvarez, Pulido, Tinajero (3) CITY COUNCIL MINUTES 1 OCTOBER 24, 2011 1 0B -1 COUNCIL RECESSED to Room 147 for Closed Session discussion. CLOSED SESSION ITEMS 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) 1 B PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney; and City Manager CLOSED SESSION REPORT — Nothing to report. ADJOURNED — 7:03 P.M. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 2 OCTOBER 24, 2011 1 0B -2 MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER NOVEMBER 1, 2011 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:08 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor (5:16 CLAUDIA C. ALVAREZ, Mayor P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE VINCENT F. SARMIENTO SAL TINAJERO (5:25 P.M.) PUBLIC COMMENTS — None COUNCILMEMBERS Absent: MICHELE MARTINEZ P.M.) Pro Tern (5:14 STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion. CLOSED SESSION ITEMS 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators Personnel Services Kathie Gonzalez Executive Director, CITY COUNCIL MINUTES 1 NOVEMBER 1, 2011 1 0C -1 Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) *Councilmember Bustamante left at 5:24 p.m. 1 B PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney; and City Manager CLOSED SESSION REPORT — Nothing to report. ADJOURNED — 6:25 P.M. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 2 NOVEMBER 1, 2011 1 0C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: ABANDONMENT NO. 10 -03: INTENT TO VACATE A PORTION OF CONCORD STREET SOUTH OF FRUIT STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution declaring the City's intent to vacate a portion of Concord Street south of Fruit Street. 2. Set a public hearing for December 5, 2011. PLANNING COMMISSION RECOMMENDATION Recommend that City Council adopt a resolution approving Abandonment No. 2010 -03. Approved by a vote of 6:0 (Alderete absent) at the meeting of October 10, 2011. DISCUSSION The City of Santa Ana Redevelopment Agency (Agency) is requesting that the City vacate a portion of Concord Street south of Fruit Street (Exhibit 1). The area being vacated will be combined with two landlocked parcels owned by the Agency and reconfigured through a lot line adjustment for the development of two single - family residences (Exhibit 2). The area being vacated was a formerly improved portion of Concord Street, which extended from Fruit Street to Mabury Street. The middle portion of the street was acquired by the State of California (Caltrans) for the widening of the Santa Ana Freeway (1 -5). As part of the widening project, Caltrans improved the terminus of Concord Street with the construction of a cul -de -sac, which created the approximately 3,714 square feet of excess street right -of -way. Two neighboring parcels to the area being vacated became landlocked as a result of the new street configuration. The vacation along with the lot line adjustment will allow the parcels street frontage. The utility companies, other government agencies, and City departments have been advised of the street vacation, and do not object to the street vacation. An existing sewer main crosses the area being vacated and the two parcels. An easement to the City will be granted through a separate instrument. 12A -1 Abandonment No. 10 -03 Intent To Vacate a portion of Concord Street November 7, 2011 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2011 -140 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. Raul Godinez II Executive Director Public Works Agency RG:TH Exhibits: 1. Location Map 2. Location Map 3. Resolution 12A -2 12A -4 12A -6 Lss10/25/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF THE STREET AT CONCORD STREET, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 2010 -03) 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. Pursuant to and in accordance with Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, this Council does hereby declare its intention to vacate a portion of Concord Street near its intersection with Fruit Street. The area proposed for vacation is an irregularly- shaped unimproved portion of land located approximately 270 feet south of Fruit Street and consisting of approximately 3714 square feet, identified as "Vacation" on the map labeled Exhibit 1, attached hereto and made a part hereof by this reference. B. Notice is hereby given that at 6:00 P.M., or as soon thereafter as the matter can be heard on December 5, 2011, in the Santa Ana City Council Chambers at 22 Civic Center Plaza, Santa Ana, California, a public hearing will be held by this Council at which time any and all persons interested in or objecting to the proposed vacation hereinabove described may appear and be heard. C. The Clerk of the Council is hereby directed to cause this Resolution to be published twice, once in each of the two successive weeks prior to the above said hearing, in a newspaper of general circulation in the City. D. The Executive Director of the Public Works Agency is hereby directed to post conspicuously, in the manner prescribed by law, notice of the adoption Exhibit 3 Resolution No. 2011 - Page 1 of 0 12A -7 of this Resolution, containing the statement of the day, hour and place of hearing hereinabove set forth, and describing the portion of the right -of -way to be vacated at least two weeks before the date set for said hearing. ADOPTED this day of November, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka Interim City Attorney in Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- 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 i �� Resolution No. 2011 - Page 2 of 3 12A -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: SET A PUBLIC HEARING DATE TO CONSIDER CHANGING THE BOUNDARY LINES OF COUNCIL WARDS �1 CITY MANAGER RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_, CONTINUED TO FILE NUMBER 1. Adopt a resolution to consider changing the existing boundary lines of Council Wards. 2. Set a public hearing date for December 5, 2011. DISCUSSION Following each Federal Census, the City of Santa Ana Charter requires that the City review the total population data by ward and consider re- aligning to balance each ward in equal population numbers. A City Council ad -hoc committee, comprised of council members Benavides, Martinez, and Tina}ero, reviewed the 2010 U.S. Census data and recommends changing the boundary lines of Council Wards. The re- boundary process is specifically addressed in the City's Charter, as follow: Sec. 101.1. - Wards of the city. Prior to the general election in 1988 the City Council shall divide the City into six (6) wards by ordinance according to the following formula: Each of the wards is to be as nearly equal in population as possible. The wards shall be composed of contiguous and compact territory and bounded by natural boundaries of street lines wherever possible. Any territory hereafter annexed to or consolidated with the City shall become a part of the ward to which it is most contiguous, pending any redistricting necessary to promote equality of population among the wards. (Ord. No. NS -1316, 8- 24 -76, approved at election 11 -2 -76; Ord. No. NS -1521, 3- 17 -80, approved at election 6 -3 -80; Ord. No. NS -1864, 8- 19 -86, approved at election 11 -4 -86) 12B -1 Set a Public Hearing - Consider Changing the Boundary Lines of Council Wards November 7, 2011 Page 2 Sec. 101.2. - Wards, boundary changes. Ward boundaries shall not be altered except as reasonably necessary to promote greater equality of population among the wards when such necessity is shown by the most recent federal decennial census, or by more current census data certified by the City Council as sufficiently reliable and detailed to serve as a basis for ward boundary alteration, or by annexation or consolidation of territory. Such boundary alteration shall be made only by ordinance adopted by affirmative vote of at least two- thirds (213) of the full membership of the City Council in accordance with section 101.4. Any such ordinance adopted within one hundred twenty (120) days immediately preceding any election of council members shall not become effective until the day following such election. (Ord. No. NS -1316, 8- 24 -76, approved at election 11 -2 -76) Sec. 101.3. - Reserved. Editor's note— Ord. No. NS -1521, adopted March 17, 1980, approved at election June 3, 1980, repealed § 101.3 relative to increasing the number of wards of the City from 7 to 9 whenever the census data described in § 101.3 disclosed a population of 240,000 people. Said section had previously been amended by Ord. No. NS -1316, adopted Aug. 24, 1976, approved at election Nov, 2, 1976. Sec. 101.4. - Same — Notice and public hearing. Before making any change, modification or realignment of ward boundaries or numbers of wards, the City Council shall pass a resolution declaring its intention to make such changes. Such resolution shall set forth a convenient day, hour and place when and where any persons having any interest therein, or any objection to the making thereof, may appear before the City Council and be heard thereon. The City Council shall direct the Clerk of the Council to give notice by publishing said resolution once a week for two (2) weeks in the official newspaper prior to the date set for hearing. Said hearing in the event of increasing the number of wards shall be held not less than sixty (60) days prior to the succeeding general municipal election. In any event, not less than thirty (30) days prior to the general municipal election, publication shall be made by map diagram in the official newspaper showing the new boundary lines of each and every ward. The City Council is hereby requested to set a date to hold a public hearing to consider Ward re- boundary. If a hearing date is approved, the Clerk of the Council Office will publish the legally required public hearing notice, notify all neighborhood associations, and provide that required information is posted and made available on the City's website. FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council Attachment 1: Resolution 12B -2 RESOLUTION NO. 2011 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, DECLARING ITS INTENTION TO CHANGE BOUNDARY LINES OF WARDS, AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. That this Council hereby declares its intention to make changes in the existing Ward boundary lines. 2. That 6:00 p.m. on the 5th day of December, 2011 in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California, is the time and place when and where any person having an interest in, objection to, or suggestion regarding the making of changes in Ward boundary lines may appear before the City Council and be heard thereon. 3. That the Clerk of the Council is directed to give notice of said hearing by publishing this Resolution once a week for two weeks in the "OC Register," a newspaper of general circulation in the City, prior to said hearing. ADOPTED this day of 2011. APPROVED AS TO FORM: Joseph Straka, Interim City Attorney Melissa Crosthwaite Deputy City Attorney 12B -3 Miguel A. Pulido Mayor AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011 -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 12B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CITY MANAGER 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 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. 19C -1 19C -2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: November 1, 2011 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. 19C -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2011 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence November 1, 2009 and prior Correspondence/ November 1, Chronological Files Councilmember Self- explanatory 2009 and prior Council Requests Mayor Inquiries processed for Mayor November 1. 2009 and prior Wards 1 through 6 Inquiries processed for Councilmembers November 1, 2009 and prior Correspondence General Correspondence Self- explanatory November 1. 2009 and prior Staff Inquiries processed for Staff November 1. 2009 and prior Monthly Status City Manager Self- explanatory November 1, Reports 2009 and prior Payroll Records Council /Staff Self- explanatory November 1, 2009 and prior November 1, Travel Folders Council /Staff Self- explanatory 2009 and prior APPROVE: Paul M. Walters Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds 19C -4 CONSENT: \ '' f c,. . 0 Joseph Straka Date Interim City Att ney AUDITED BY: Mark Lawrence Date Assistant to the City Manager MEMORANDUM Laura Sheedy To: Assistant City Attorney Interim Executive Director From: Community Development Agency Date: August 31, 2011 Subject: REQUEST FOR DESTRUCTION OF RECORDS The Community Development Agency requests your consent to destroy the city records identified on the attached listing in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. Nancy T. eards 19C -5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Community Development Agency ?n11 Record Record Category Series Record Description Record Dates ECONOMIC DEVELOPMENT Enterprise Zone Hiring Credit EZ Hiring Credit Vouchers, Applications and supporting documents (1 boxes) July - August 1999 Vouchers Enterprise Zone Hiring Credit EZ Hiring Credit Vouchers, Applications and supporting documents (1 boxes) April - June 2002 Vouchers Enterprise Zone Hiring Credit EZ Hiring Credit Vouchers, Applications and supporting documents (1 boxes) April - June 2003 Vouchers Enterprise Zone Hiring Credit EZ Hiring Credit Vouchers, Applications and supporting documents (2 boxes) Jan -Dec 2004 Vouchers Enterprise Zone Hiring Credit Vouchers EZ Hiring Credit Vouchers, Applications and supporting documents (1 boxes) Apr -04 Enterprise Zone Hiring Credit Vouchers EZ Hiring Credit Vouchers, Applications and supporting documents (1 boxes) Oct -Dec 2004 Enterprise Zone Hiring Credit Vnijrhprs EZ Hiring Credit Vouchers, Applications and supporting documents (2 boxes) Jan -Dec 2005 ADMIN SERVICES Personnel Records Request for certification, application for employment, probation /annual evaluations, certificates and awards, emergency contact January 2002 - December 2010 information sheet, notice of separation and applicable documentation. (2 boxes PREPARED BY: Terri Eggers �,` l Date Senior Management Analyst Community Development Agency RECORDS DESTROYED: 11 Number of boxes CONSENT BY: w -'ry & zz'. V Nanc dwards Date Interld Executive Director Community Development Agency APPROVED BY: 2�'�z�= Joseph Straka Date Interim City Attorney 19C -6 MEMORANDUM To: Joseph Straka, Interim City Attorney City Attorney's Office From: Kathie S. Gonzalez, Executive Director Personnel Services Department Date: October 10, 2011 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy City and Department of Transportation (DOT) records on the attached list, in accordance with the retention schedule outlined in City Council Resolution number 2006 -045 and the U.S. DOT Office of the Secretary, Office of Drug and Alcohol Policy and Compliance. Thank you. Kathie S. Gonzalez, Executive Director - Personnel Services cc: Anita Queen Mary Kelley APPROVED: J sep Straka, Interim City Attorney 19C -7 Records: o Negative and cancelled DOT drug test results, and alcohol test results with a concentration of less than 0.02, for the following calendar years: 2005, 2006, 2007, 2008 and 2009; o Scheduling of DOT drug tests for the following calendar years: 2005, 2006, 2007, 2008 and 2009; Department of Transportation (DOT) Record Keeping Regulations 65 FR 79526 as amended by 66 FR 41955, August 9, 2001, Section 40.333 What Records Must Employers Keep? require employers to keep the above records for a minimum period of one year. o Verified positive drug test results, and alcohol test results with a concentration of more than 0.02, for the following calendar years: 2004 and 2005. Department of Transportation (DOT) Record Keeping Regulations 65 FR 79526 as amended by 66 FR 41955, August 9, 2001, Section 40.333 What Records Must Employers Keep? require employers to keep the above records for a minimum period of five years. 19C -8 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: PROFESSIONAL STANDARDS DIVISION Record Category Record Series Record Description Record Dates ADMINISTRATIVE INVESTIGATIONS EMPLOYEE ACCIDENTS ACCIDENTS INVOLVING ON- DUTY DEPARTMENTAL PERSONNEL 1/1/05 to 12/31/05 ADMINISTRATIVE INVESTIGATIONS K -9 REPORTS INVESTIGATIONS OF K -9 BITE INCIDENTS 1/1/05 to 12/31/05 ADMINSITRATIVE INVESTIGATIONS USE OF FORCE IN- CUSTODY INJURIES AND USE OF FORCE 1/1/05 to 12/31/05 ADMINISTRATIVE INVESTIGATIONS OFFICER INVOLVED SHOOTINGS INVESTIGATIONS OF OFFICER INVOLVED SHOOTINGS 1/1/05 to 12/31/05 CITIZEN COMPLAINTS BY EMPLOYEE NAME INVESTIGATIONS OF ALLEGED EMPLOYEE MISCONDUCT INVESTIGATIONS OF CLAIMS 1/1/05 to 12/31/05 CIVIL CLAIMS BY CLAIMANT 1/1/05 TO 12/31 /05 Prepared by: Name: C. DuQuin Title: Sr. Legal Secretary Date: June 2, 2011 Number of boxes to be destroyed: 15 CONSENT BY: �--- -G' Paul M. Walters, Chief of Police Date Police Department APPROVED BY: e Straka Date Page 1 of 2 19C -9 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: PROFESSIONAL STANDARDS DIVISION Records destroyed by: Date of destruction: Print Name & Badge # Signature Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 2 of 2 19C -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER < 'i' (" 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 Receive and file the Quarterly Report of Contracts entered into between July 1, 2011 to September 30, 2011 valued at $25,000 and less. DISCUSSION On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for informational purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit A is a listing of all purchase orders, agreements, and change notices entered into between July 1, 2011 to September 30, 2011 valued at amounts between $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods or services valued at under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by City Council. FISCAL IMPACT There is no fiscal impact associated with this action. 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UC7 m Z Z 0 wQOO� -j UU (nom U 0 Z_ afCL FWWWZ0 0� Q>-W QfW wZMMDO 00 onz¢=Tm < <oDa ILFx UUW w>W ><wxoo W )U)JZw QaFaiaw> rp��zmw3Qaa -U Z W W C'1 W W Q w w Z U Z m Q Z J? F- U) C) Jwm U` U' Zw W 0Of W d� Z d'QO0J W W WJJ�OW LLJ ZV)U)U)() w W mZ) w22F-XXUO2 F=Qww¢ >a ¢mUww? O2ra C72 w M c7 (O (O (O (D (O (O (O (O (O rz r` 00 m m m m H N N N N N N N N N N N N N N N N N N Qm m m m m m m m m m m m m m m m mm D O O O O O O O O O O O O O O O O O O G pi • w 0 r, i Lei Ifisit REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2011 CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the seven major elements listed below: • Type of investments, • Date of maturity, • Par and dollar amounts invested in each security, • Weighted average maturity of the investments, • Market value as of the date of the report, • Source of the market value information, and • Any funds, investments or programs, including loans, under the management of contracted parties. State statutes require that a quarterly report be presented at a Council meeting; however, our office continues to provide this information monthly. The information is in compliance with State law and the City's Investment Policy. The attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of September 30, 2011. 19E -1 Quarterly Report of Investments November 7, 2011 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit 1 Treasurer's Report 19E -2 CITY OF SANTA ANA TREASURER'S REPORT as of September 30, 2011 EXHIBIT 1 19E -3 E m r adEN of C C 0 M m U L �2 o� O o .p E Q v OaN a U � o y O 0 oe o oe a w 0 C !6 U U le O O C O M 'd: O O O r N O N O O C 0 r N tO � r m C O� M N m N R r a O O Cl) co N W V O I� N � C N r Dg m O rn LO M M E M v M M M N M O U� M M l n I n Fd- O N .`. Z.2 o O a 0.2 m W 0 Cl) O O co O Cl) m L C O r O Lo (D O e- (O N O U) CO dp O O N a to W O m a N W L N M CD OR v n n a0 M M tO tO N O N M d4) o�o y O O 00 O U C ° $ a CD 0 C !6 U U N O O C O O n to N (O O O1 W co O l0O_ tO O W O LO m M T N O eO m t ¢ .° 00 a O O Cl) co N W V O I� N � C N r m O rn LO M M 7 C6 CO y O O C C O U C ° $ a CD .o C !6 U U 00 h m V ; 0 ¢ E m E y > N a C T= O C N O l0O_ O O O N N OD N t ¢ .° 00 a v. 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V) O > 0 i LL m o O O 0 a d = Q N o 0 K a o 0 g n <O Cl) o O O O Cl O O O O 0 M 'p a7 CO O t0 00 O m O O O C N O O O U m o 0 0 0 0 0 d a, 2 `m 0 0 0 0 0 0 CL H U) H y z r fp 7 00 00 O D 2 N r W >M Y _ M c 00 W C .0 d E E � a+ N = REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES CITY MA WAGER RECOMMENDED ACTION Receive and file. CLERK OF COUNCIL USE ONLY: ;--;• ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its regular meeting on November 1, 2011, by a vote of 6:0 (Morfin absent), the Community Redevelopment and Housing Commission approved the recommended action. DISCUSSION This status report for the quarter ending on September 30, 2011, provides statistics for the day -to- day affordable housing activities of the City and the Community Redevelopment Agency. The report is divided into three sections: Loan Activity, Loan Portfolio Management and Monitoring, and Development Projects. Loan Activity Applications The Housing Division offers several different programs. The loans offered include homebuyer down payment assistance and rehabilitation loans for historic single family, single family and mobile homes. Mobile home loans are offered as forgivable grants and are used to cover the cost of essential repairs. The Housing Division reviews applications to determine which program best fits the needs of the applicants. Applications are mailed out and received for these programs on a continuing basis. 19F -1 Quarterly Report for Housing Division Projects and Activities November 7, 2011 Page 2 Chart 1 shows the number of applications sent out by type during Single Family the quarter. Of the applications sent, Rehab two have been returned. As of the 26 end of the quarter, one was denied due to program requirements. One is in process. Loan Underwriting and Approval Process Chart 1: Loan Applications Mailed Homebuyer Assistance, 17 Mobile Home, 8 In this process, staff reviews applicant eligibility, verifies income and assets, and oversees underwriting to determine eligibility per program guidelines. In addition, staff conducts an inspection of the unit, prepares a work write up to determine rehabilitation work to be performed, and develops a budget for the work. Due to the complex funding requirements, applicants may be in underwriting several months. The length of time in underwriting is largely determined by the applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all necessary loan documents, makes arrangements for execution, and reserves the required loan funds. Five homebuyer assistance loans and one homeowner rehabilitation loan were approved during the first quarter of the fiscal year, and Table 1 provides details on these loans. Table 1: Loans Approved Durinq the First Quarter Address Loan Amount Loan Type 1230 Garnse St $10,000 Homebu er Assistance 2201 Parton St $10,000 Homebu er Assistance 2075 Van Ness Ave $10,000 Homebu er Assistance 1001 MacArthur Blvd, #14 $10,000 Homebu er Assistance 2142 Park Dr $10,000 Homebu er Assistance 1517 McFadden Ave $15,000 Homeowner Rehabilitation Chart 2 below shows the number of loans approved during the fiscal year. 19F -2 Quarterly Report for Housing Division Projects and Activities November 7, 2011 Page 3 6 Chart 2: Loans Approved During FY 5 '4 3 - 2 - 1 .* 1 0 t I I Homeowner Rehab Homebuyer Assistance Construction Process During this phase, homeowners receiving rehabilitation loans are guided through an open selection of contractors to complete the work on their homes. Each homeowner is given a list of contractors that have been screened by staff for insurance and bonding requirements. However, homeowners are allowed to select any contractor that is licensed and meets these same requirements. Staff assists the homeowners in the selection of a contractor, monitors the construction work, approves payments to contractors, and tracks expenditures to ensure they do not exceed available funds. Multifamily projects may involve additional issues, such as compliance with prevailing wage requirements and /or Davis - Bacon. At the end of the first quarter, there were four single - family units under construction. Loan Portfolio Management and Monitoring The Housing Division is responsible for ensuring the integrity of the residential loan portfolio. As of the end of the first quarter, the principal balance was $77,671,797. This is comprised of 470 loans of which 414 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $67,041 in payments of principal and interest during the quarter: Table 2: Portfolio Revenue Unscheduled Loan Payoffs $5,027 Residual Receipts Payments $0 Amortized Loan Payments $62,014 Total $67,041 19F -3 Quarterly Report for Housing Division Projects and Activities November 7, 2011 Page 4 As part of the requirements for these funds, staff must monitor the owner - occupancy for single - family homes that have received loans, and the code compliance of units in rental projects with long -term affordability covenants. During the first quarter, 134 letters were sent to homeowners to verify that they continue to occupy the home as their primary residence. All, but four homeowners, have responded and are in compliance. The remaining few have been sent, or will receive, a follow -up letter. During the first quarter, staff also conducted code compliance inspections for a sample of six units in two projects that contain a total of 21 units. Regulations require that only a sample be selected for inspection. Staff also inspects the grounds and common areas such as laundry rooms to ensure they also meet City code requirements. All of the inspected units, as well as the grounds and common areas, were found to be in compliance. All the units passed at the time of inspection, and no follow -up visits were required. Development Projects NSP 1 Program The federal Neighborhood Stabilization Program (NSP) is intended to target and stabilize communities hardest hit with foreclosures. To date, the City has received all three NSP awards for which it was eligible. The first award (NSP 1) came through a noncompetitive process in the amount of $5,795,155. Under its terms, all grant funds must be obligated by September 5, 2010, and expended by March 26, 2013. In addition, NSP grantees must expend at least 25% of the funds on households that have very low incomes. The City has exceeded all of these requirements. All of our NSP 1 grant funds were obligated by August of 2010; and by the end of the first quarter, we had already expended more than $6.3 million or 108.8% of the grant amount. The amount spent is greater than the grant amount because it includes program income. Only 24% of NSP 1 grantees have spent 100% or more of their grant amount. Finally, the City has already spent $2.34 million, or 33% of all of its NSP 1 funds, on projects that serve very low - income households exclusively. Currently, NSP 1 is only operating with program income, and these funds will diminish over time. NSP 1 includes the following four programs: Down Payment Assistance Program, Single- Family Acquisition - Rehabilitation Program, Historic /Condominium Acquisition - Rehabilitation Program and a Multifamily Acquisition - Rehabilitation Program. ANR Industries, the intermediary selected to implement homeownership programs including the Single - Family and Historic /Condominium, is responsible for the acquisition, rehabilitation, and resale of the foreclosed units. These homes are sold to families with incomes up to 120% of the area median (AMI). As of the end of the first quarter, ANR had used NSP 1 funds to acquire 35 single - family homes and condominium units for rehabilitation and resale to qualifying families. ANR has spent more than $3.3 million in NSP 1 funds and has leveraged an additional $4.5 million in private funds to make these affordable units 19F -4 Quarterly Report for Housing Division Projects and Activities November 7, 2011 Page 5 available. Chart 3 shows the status of all single - family properties purchased with NSP 1 funds as of the end of the first quarter. 40 35 30 25 20 15 10 5 0 Chart 3: NSP 1- Status of All Single Family Properties 0 0 0 Acquisition Under Resale Rehabilitation Table 3 shows the NSP 1 properties sold during the first quarter. Sold Table 3: NSP 1 Sinale - Family Properties Sold Durina the First Dunrter Pro ert Address Silent 2" Income Level 1001 W. MacArthur #14 $10,000 Moderate The partnership of Orange Housing Development Corporation (OHDC) and C &C Development was selected to implement the Multifamily Acquisition /Rehabilitation Program. To date, the partnership has used $1.4 million in NSP 1 funds to acquire a 14 -unit multi - family property at 1410 North Durant Street. The rehabilitation is complete and the property is now occupied. The partnership also used $655,000 in NSP 1 funds to acquire two vacant parcels at 605 -611 East Washington Avenue on which they will construct 36 affordable rental units. They have been approved for tax credits and expect to start construction in November of 2011. Both projects will be targeted to households at or below 50% of AMI. NSP 2 Program The City's second award (NSP 2) for $10 18 million was received 12 through a highly 18 competitive process in 4 which only 15 local 0 government agencies were successful. Most Chart 4: NSP 2 - Status of All Single Family Properties Acquisition Under Resale Sold Rehabilitation 19F -5 Quarterly Report for Housing Division Projects and Activities November 7, 2011 Page 6 awards were made to nonprofit consortiums. Under the terms of this award, there is no obligation deadline to meet; however, there is an expenditure deadline. Fifty percent of the funds must be expended by February 11, 2012, and the remainder by February 11, 2013. As of the end of the first quarter, the City had expended $7.3 million or 73% of its funds. Only 20% of NSP 2 grantees have spent 50% or more of their funds. NSP 2 implements three programs: Down Payment Assistance Program, Single - Family Acquisition - Rehabilitation Program, and a Multifamily Acquisition - Rehabilitation Program. ANR has spent more than $4 million in NSP 2 funds and has leveraged an additional $4.5 million in private funds to make these affordable units available. Chart 4 shows the status of all properties purchased with NSP 2 funds as of the end of the first quarter. Tables 4, 5, and 6 provide additional detail. Table 4: NSP 2 Properties Under Rehabilitation Address Projected Completion Date 2106 S. Baker 10/28/2011 323 E. Chestnut 12/17/2011 1119 W. 51h 12/28/11 1340 S. Douglas 2/6/12 927 W. Berkeley 2/20/12 Table 5: NSP 2 Single Family Properties Available for Sale Address Affordability Level 2047 S. Birch Moderate 1319 W. 7 Moderate 1233 W. Myrtle Moderate 1634 W. 12,n Moderate 216 N. Bush Moderate Table 6: NSP 2 Single Family Properties Sold During the First Quarter Property Address Silent 2 nc, Income Level 2201 S. Parton $10,000 Moderate 1104 S. Raitt $10,000 Moderate 2075 S. Van Ness $10,000 Moderate 1520 W. Sixth $10,000 Moderate 2142 S. Park $10,000 Moderate 1410 S. Shelton $10,000 Moderate 1230 S. Garnsey $10,000 Moderate 19F -6 Quarterly Report for Housing Division Projects and Activities November 7, 2011 Page 7 NSP 3 Program The U. S. Department of Housing and Urban Development (HUD) has allocated the amount of $1,464,113 in NSP 3 funds to the City of Santa Ana. To receive these funds, the City adopted a substantial amendment to its Annual Action Plan and submitted it to HUD on February 28, 2011. The amendment was approved, and the City signed a grant agreement with HUD on March 10, 2011. The City will implement the following programs with these funds: • Acquisition /Rehab /Resale - 50% of Area Median Income • Acquisition /Rehab /Resale - 120% of Area Median Income • Administration In order to facilitate implementation of the first two programs, the City released a Request for Proposals (RFP) for intermediaries on February 28, 2011. The RFP solicited the services of an individual or firm qualified to acquire, rehabilitate, and resell foreclosed and abandoned single - family homes in accordance with NSP 3 regulations. ANR Homes, Inc. was selected to receive the contract, and it was approved by City Council on June 20, 2011. As required by regulations, comprehensive detailed quarterly reports on all of the City's NSP Programs are posted on the City's website at http:/ /www.santa - ana.org /cda /NSP.asp. Scattered Sites On October 9, 2009, the Agency released a Request for Qualifications for the selection of qualified developers for 13 Agency -owned parcels. On December 21, 2009, the Agency selected three developers to construct single - family and multifamily units on these parcels. Habitat for Humanity of Orange County was selected as developer for single - family housing at sites identified as 719 & 812 North Concord Street; 1114, 1121 South Cypress Avenue; 1314 Eastwood Avenue; 4809 West Edinger Avenue; 4010 & 4018 West McFadden Avenue; 4106 & 4110 West McFadden Avenue; 717 East Third; and 1029 McLean Drive for a total of 17 single - family units. A Disposition and Development Agreement (DDA) was approved by the City Council and Redevelopment Agency on March 21, 2011. Habitat is currently going through the planning process on these homes. Also approved was OHDC and C &C Development as the developer for multifamily housing at sites identified as 217, 219 & 435, 437 South Birch Street; 2034 & 2038 North Bush Street; and North Spurgeon & East 22nd Street. They have submitted plans for the Birch Street and Bush Street properties. Their DDA was approved on September 7, 2010, for all sites except North Spurgeon, which is still being negotiated. They were recently approved for tax credits and expect to start construction in November of 2011. 19F -7 Quarterly Report for Housing Division Projects and Activities November 7, 2011 Page 8 Finally, the Agency selected Hope Builders, a subsidiary of Taller San Jose, as developer for two single - family homes on a site identified as 542 East Central Avenue. This site will afford Hope Builders further training in the construction of single - family dwellings and assist in its mission of providing high - quality construction jobs for local Santa Ana residents who are graduates of Taller San Jose. The Developer has submitted its plans into the City's site plan review process, while Agency staff continues working with them on its DDA. Station District On June 7, 2010, after an extensive public outreach process which garnered a great deal of input on community needs and issues, the City Council /Redevelopment Agency approved several actions to facilitate the development of an affordable housing project, located in the 94 -acre Station District, that will enhance the Lacy neighborhood and support the transit vision for the area. The project is situated along a corridor and is a key connection from the 1 -5 freeway into the Downtown, and will also serve as a major transportation link for the planned Go Local Fixed Guideway System. Related California /Griffin Realty Corporation, the master developer selected last year after a wide - reaching RFP process, helped spearhead the outreach efforts with support from the City. The first phase of the Station District affordable housing project (R1), 74 apartment units, was awarded tax credits in summer 2011. The R1 phase is in the plan check process, with construction expected to commence by December of this year. It is hoped that the units will be ready for occupancy by early 2013. The second phase of the rental project (R2) just received its tax credit award in September 2011. Plans for R2 are continuing to be refined, with an anticipated construction start date of early March 2012, and a 12 -month completion schedule. R2 is anticipated to include 25 new construction units and approximately 15 rehabilitated units (in 10 structures). The 24 unit for -sale project is anticipated to commence construction in early 2012, as well, and be completed within 18 months. FISCAL IMPACT There is no fiscal impact associated with this action. Nancy T. Pwards Interim Exetutive Director Community Development Agency NTE /SLB/TG /mlr G Lei ;ff 9.] REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: AGREEMENT WITH THE CALIFORNIA STATE LIBRARY AND APPROPRIATION ADJUSTMENT FOR LIBRARY SERVICES ENHANCEMENT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with the California State Library in the amount of $49,000 to provide digital media skills training for Santa Ana youth. 2. Approve an appropriation adjustment recognizing $49,000 in the LSTA Grant Awards revenue account (no. 15411002 52001) and appropriating same to expenditure account (no. 15411193 various). DISCUSSION The Library Services and Technology Act is a federal grant program managed by the Institute of Museum and Library Services and administered in California by the State Librarian. Grants are intended to expand service to diverse ethnic and socioeconomic groups and underserved urban populations. The State Library has awarded a $49,000 LSTA grant to the Santa Ana Public Library in support of its program, "For Your Information Santa Ana /Para su Informacion Santa Ana ". The program will recruit Santa Ana teens that will be mentored and trained in digital media skills by teens recently graduated from similar training. These teens will work with the Library's teen interest clubs to create bilingual videos to be broadcast to the community. They will also produce bilingual videos and web pages informing the public on a variety of topics centered around themes of green living, science, technology, citizenship, arts, literature, history, current events, education and community engagement. Videos will be broadcast to Santa Ana residents as part of local CTV3 programming and web pages will be hosted on the library's "Seeds to Trees Academy" website www.seedstotreesacademy.com. 20A -1 California State Library Grant November 7, 2011 Page 2 During the project, the young team members will receive instruction on aspects of digital technology such as video production, film editing, sound editing, and broadcasting. By the end of the 48 week duration of this project, all of the Youth Media Ambassador volunteers will have had the necessary training and experience to continue to create videos and web pages on topical programs for the community, and the capability to instruct and mentor new youth members. Funds will be used to purchase video production and editing software and hardware, and to support personnel training costs. The Library will use in -kind personnel costs to provide the preferred 50% matching funds. FISCAL IMPACT The appropriation adjustment will recognize $49,000 in grant funding from the California State Library in the LSTA Grant Awards revenue account (no. 15411002 52001), and appropriate same to expenditure account (no. 15411193 various). .W Gera do Mouet, Exec tive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, I Executive Director Finance and Management Services Agency THE BASICS — YOUR LSTA GRANT AWARD The following provides all of the basic information about your grant and managing your grant. Award #: 40 -7979 _ E IMLS #: LS- 00 -11- 0005 -11 Library: _ Santa Ana Public Library Project Title: �- Award Amount: "For Your Information Santa Ana/ Para su informacion Santa Ana" Youth Media Ambassadors Digital Media Production Project $49,000 2011/12 LSTA APPROVED BUDGET Salaries and Benefits 49,000 Library Materials 0 Equipment (Items over $5,000) 0 Operating Expenses 0 Project Total Indirect Cost (UP TO 10 %) 49,000 0 Grant' _ $49,000 Start Date: October 1, 2011 End Date: August 31, 2012 This project will be officially closed as of the end date listed above and no new expenditures may be generated, nor may any additional funded project activities occur. Unexpended or unencumbered funds must be returned within 30 days of the end date. However, if funds were encumbered prior to the end date, this project is allowed 45 days to liquidate those encumbrances. Any funds not liquidated are to be returned with the liquidation report within 60 days of the end date. REPOR'T'ING Financial and program narrative reports are required. All required reporting materials will be located on the California State Library's website at http:// www. library ,ca.gov/gants /Ista/manage.html. The forms, along with instructions, will be on the website under the heading "Pitch An Idea Grants 2011/12." The Grant Guide for this project will list specific reporting due dates. This letter and the enclosed list of LSTA procedural requirements amend the Consolidated Application/Grant Award Certification document and must remain a part of all your existing copies. Failure to provide timely reports is a serious breach of a grant recipient's administrative duty under the grant program, which may result in federal audit exceptions against the state and the loss of LSTA funds. PAYMENTS Please note this clarification regarding payments. If your full grant amount is $20,000 or more, ten percent (10 %) of the grant award is withheld until the end of the project period. It is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant program. CONTACT We want your project to be successful. The following staff person will be your contact for this project. Please work with this consultant in implementing your project. Grant Monitor: Carla Lehn — Phone Number: Email Address: (916 ) 653 -7743 clehn@library.ca.gov Doc. #15626 411,0191 i1e #CP -2S: ` T10 California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 1 LSTA GRANT AWARD # 40 -7979 Project Title: "For Your Info Santa Ana /Para su info Santa Ana" Youth Media Ambassadors Digital Media Production Project System /Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD I. The recipient designated above hereby certifies to the California State Library, for a grant of funds in the amount $49,000 . This block grant will provide library services as set forth in the LSTA Service Project Application as approved and /or as amended by the California State Librarian. TERMS AND CONDITIONS The recipient agency and its named or designated fiscal agent hereby assures the California State Library that: 1. It is mutually understood between the parties that this grant award may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the grant award were executed after that determination was made. 2. This grant award is valid and enforceable only if sufficient funds are made available to the State by the United States government for the Fiscal Year 2011/12 for the purposes of this program. In addition, this grant award is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms or funding of this grant award in any manner. 3. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this grant award shall be amended to reflect any reduction in funds. 4. The California State Library has the option to amend the grant award to reflect any reduction of funds. 5. Upon the grant award approval by the State Librarian, one (1) completed set of this CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD and RECIPIENT CERTIFICATION will be sent to the subgrantee. Such copy shall be the officially approved agreement for the conduct of the approved project. 6. "Subgrantee" means the government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. 7. The subgrantee will make reports to the State Librarian in such form and containing such information as may be required to enable the California State Library to perform its duties. The subgrantee will keep such records and afford such access as the California State Librarian, California State Library may find necessary to assure the correctness and verification of such reports. California State Library Fiscal Office P,0.942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 2 LSTA GRANT AWARD # 40 -7979 Project Title: "For Your Info Santa Ana /Para su info Santa Ana" Youth Media Ambassadors Digital Media Production Project System /Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD, LSTA (continued) 8. The control of funds and title to property derived there from shall be in a subgrantee agency for the uses and purposes provided; a subgrantee agency will administer such property and funds and shall apply funds only for tine purposes for which they were granted. 9. The expenditure under this program will not be used to supplant subgrantee effort. 10. This agreement is entered into under provisions of the Library Services and Technology Act, Public Law 104 -208 on September 30, 1996; and Congressional Record — House, H11644- H11728 on September 28, 1996, H12266- H12267 on October 3, 1996; and 45 CFR 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, October 1, 1994. 11. Performance of the provisions of this agreement is subject to the conditions and availability of funds as awarded by the State Librarian under said Act. 12. The terms of this agreement shall be from upon execution to and including June 30, 2010. But shall be subject to termination by either party by giving written notice to the other party at least thirty (30) days prior to the effective date of termination. In the event this agreement is so terminated, the subgrantee shall deliver to the State Librarian copies of all reports and /or materials prepared up to the date of termination, and the State Librarian shall determine, and pay the subgrantee for the necessary and appropriate expenditures and obligations to the date of termination which have not been covered by prior installments heretofore paid to the subgrantee. If funding has been advanced to the subgrantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 60 days of the notice of termination. 13. The State Librarian is empowered to review, audit, and inspect the project for compliance with this agreement. LIMITATION OF EXPENDITURE Expenditure for all projects must conform to the approved budget, as amended, and with applicable Federal and State laws and regulations. 20A -5 California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 3 LSTA GRANT AWARD # 40 -7979 Project Title: "For Your Info Santa Ana /Para su info Santa Ana" Youth Media Ambassadors Digital Media Production Project System /Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD, LSTA (continued) Any of the sums listed as approved and /or amended appearing under the categories in the approved budget may be adjusted by the authorized project personnel of the subgrantee to increase any allotment not more than 10% with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the subgrantee under this agreement shall not exceed $49,000 and shall be expended /encumbered in the designated grant period. REPORTS AND CLAIMS It is the responsibility of the recipient of these instructions to see that the proper individual to supply the required reports and claims receives the instructions and makes the required reports and claims to the California State Library. 1. The subgrantee shall be responsible for the submission of two Narrative Reports, unless otherwise noted in the State Librarian's award letter, on the progress and activities of the project, in triplicate, to the State Library within 30 days following the end of the designated quarter. II. The subgrantee shall submit quarterly Financial Reports, in triplicate, to the State Library, unless otherwise noted in the State Librarian's award letter. These reports are to reflect the expenditures made by the subgrantee under the agreement. The financial reports are to be submitted within 30 days following the end of the designated quarter. II. To obtain payment hereunder the subgrantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. III. The final 10% of the grant award is payable only if the grant recipient fulfills all project reporting requirements and returns all unspent funds by the time specified in the award. Failure to provide timely reports is a serious breach of a grant recipient's administrative duty under the award, which may result in federal audit exceptions against the State and the loss of LSTA funds. The State Librarian may extend the final deadline for good cause. Request for extension beyond the final deadline of the grant period must be received at least 30 days prior to that deadline at the State Librarian's office. Payment will be provided to cover the expenditures incurred by the subgrantee for the project in the following manner: $44,100 upon execution of the agreement and submission of claim by fiscal agent $4,900 on the submission of all reporting and return of funds If the amount of payment made by the California State Library shall exceed the actual expenses during the term of this agreement, as reflected in the financial reports to be filed by the subgrantee, the subgrantee shall refund to the California State Library the amount of such excess payment. 41111 California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 4 LSTA GRANT AWARD # 40 -7979 Project Title: "For Your Info Santa Ana /Para su info Santa Ana" Youth Media Ambassadors Digital Media Production Project System /Agency: Santa Ana Public Library NONDISCRIMINATION CLAUSE ADDENDUM 1. During the performance of this grant award, the recipient, subgrantee and its contractors shall not deny the grant award's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex. Subgrantee shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. 2. Subgrantee shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 1290 et. seq.), the regulations promulgated thereunder (Cal. Admin. Code, Title 2, Sections 7285.0 et. seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Sections 11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. 3. Subgrantee or recipient shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department of Agency shall require to ascertain compliance with this clause. 4. Recipient, subgrantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 5. Subgrantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under the grant award. 20A -7 California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 5 LSTA GRANT AWARD # 40 -7979 Project Title: "For Your Info Santa Ana /Para su info Santa Ana" Youth Media Ambassadors Digital Media Production Project System /Agency: Santa Ana Public Library CERTIFICATION REGARDING LOBBYING FOR GRANTS AND COOPERATIVE AGREEMENTS This certification is a prerequisite for making or entering into a grant or cooperative agreement over $100,000. Upon the acceptance of the grant award, the subgrantee as required by Section 1352, Title 31 of the U.S. Code 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 subgrantee, to any person for influencing or attempting to influence 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. 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 grant or cooperative agreement, the subgrantee shall complete and submit Standard Form — LLL, 'Disclosure Form to Report Lobbying,' in accordance with its instructions. 3. The subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts ender grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. LSTA GRANT AWARD DOCUMENTATION Budget Citation Chapter 33, Item 6120 -211 -0890 LSTA Award #: 40 -7979 Approval Date: 10/1/2011 Project Title: "For Your Info Santa Ana /Para su info Santa Ana" Youth Media Ambassadors Digital Media Production Project Subgrantee: Santa Ana Public Library Funding Start Date: * *upon execution ** Term: upon execution — end of grant period Approved Funds: $49,000 Payments: $44,100 upon execution of agreement Schedule No. $4,900 on completion and return of abatements Schedule No. Appropriation Encumbered (designate where applicable) Federal Fund Trust PGA: 92980 For: FY 11112 WP 10 Code: 702 Vendor Code: M719 Catalog Number From Catalog of Federal Domestic Assistance (CFDA) #: 45.310 IMLS #: LS- 00 -11- 0005 -11 DUNS #: ------------------------------------------------------------------------------------------------------------------------ APPROVED BUDGET CATEGORY BUDGET REVISED REVISED SALARIES $49,000 MATERIALS EQUIPMENT OPERATING EXPENSES INDIRECT COSTS TOTAL $49,000 T1 A , ATTENTION ATTACHED 1S THE CLAIM FOR PAYMENT AND THE LSTA GA CERTIFICATION. THESE TWO FORMS MUST BE COMPLETED, SIGNED (WITH ORIGINAL SIGNATURES), AND RETURNED TO: CALIFORNIA STATE LIBRARY FISCAL OFFICE - LSTA P.O. BOX 942837 SACRAMENTO, CA 94237 -0009 THESE FORMS MUST BE SUBMITTED AS SOON AS POSSIBLE TO AVOID DELAY IN RECEIVING FUNDS. YOU SHOULD RETAIN COPIES OF THE CLAIM AND CERTIFICATION FOR YOUR FILES. THESE ARE THE ONLY DOCUMENTS THAT NEED TO BE RETURNED AT THIS TIME. THANK YOU. Attachments CALIFORNIA STATE LIBRARY Library Services and Technology Act FINANCIAL CLAIM 1ST PAYMENT FY: 11/12 WP: 10 VENDOR CODE: M719 SCHEDULE NO: Claim of: Santa Ana Public Library RM 27 10li.71i4 Address( C`'l�'t��Y �r'1CLZr ; ScLia. �4�1c�; G7C'1 For: Santa Ana Public Library (Name of System or Agency) Project Title: "For Your Info Santa Ana /Para su info Santa Ana" Youth Media Ambassadors Digital Media Production Project Amount Claimed: $44,100 Grant Award Number: 40 -7979 For Period From: upon execution to end of grant period Type of Payment PROGRESS FINAL IN FULL Payable Upon Execution of Agreement 10/1/2011 CERTIFICATION I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein. by (Signature of tM authorized representative) State of California State Library Fiscal Office by date (State Library representative) ' iV't- 1> (Title) (vk1CA '�- �yvjrylLkvlfhti !2*+YV'iO3 -------------------------------------------------------- - --- -- MAIL ONE ORIGINAL SIGNATURE TO: California State Library Fiscal Office — LSTA P.O. Box 942837 Sacramento, CA 94237 -0001 20A -11 California State Library Fiscal Office P-0.942837 Sacramento, CA 94237 -0001 LSTA GA CERTIFICATION LSTA GRANT AWARD # 40 -7979 Project Title: "For Your Info Santa Ana /Para su info Santa Ana" Youth Media Ambassadors Digital Media Production Project System /Agency: Santa Ana Public Library PLEASE COMPLETE AND RETURN THIS PAGE coup Vu CERTIFICATION I affirm that the subgrantee named below is the legally designated representative for this program and is authorized to receive and expend funds for the conduct of this program. 1!. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge; that as the authorized representative of the subgrantee, I have the legal authority to commit my organization to the conditions of this award. III. I certify that any or all other subgrantees participating in the program have agreed to the terms of the application /grant award, and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and /or as amended in the application. SIGNED Authorized DATE el) ! �- — "r ©1a Oy r, V--�Px ac \0 4 ct"IJ Type or print name and title of authorized representative 50-v a� �tL1oC�c t� � N Legal name of local subgrantee >% tat Project name as on the application Rio aglec C.0 *Akyl Street address of named subgrantee City 0`S!t c CA Zip Code Telephone h t q) I DL- -i - cke 5o p of authorized rep. Coordinator /Director of program, if different Type or print name and title of author ed representative WHO SHOULD RECEIVE INSTRUCTIONS FOR PREPARING REQUIRED R 41yils V` 1: -1t4-) L�+1-��N Telephone RTS: v, y Ci�IL t t�rtt clt STATE I BRARY � , 011— G PRESERVING C 7nRHERITAG E, SHAPING OUR FUTURE October 3, 2011 Heather Folmar, Library Operations Manager Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701-4010 Dear Ms. Folmar: We are pleased to approve the grant application for the "For Your Information Santa Ana/ Para su information Santa Ana" Youth Media Ambassadors Digital Media Production Project for a total of $49,000 in federal Library Services and Technology Act (LSTA) funds. Thank you for your dedication and hard work within a very tight timeline. Best wishes for a successful project. In order to support you, an archived version of a webinar on "Managing your LSTA Grant" presented by the State Library is available to view at hU:HinfoMple.or2/ training /webcasts/webcast data/497 /index html. The Library Development Services Staff is ready to assist you in making your project a success. Please be aware state processing of grant payments can require 6 -3 weeks before you receive your check. Kindest Regards, Stacey. xi. Aldrich State Librarian of California Enclosures cc: Colette Moody Carla Lehn Cheryl A. Eberly Gerardo Mouet 1_ibrary - Courts Bi ldinv. ' P, O. Spa 941.ti _- Saeiamcnto, (:A 94:37 -000 1 411AI"l LSTA Award #40 -7979 "For Your Information Santa Ana /Para su information Santa Ana" Youth Media Ambassadors Digital Media Production Project ATTEST MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: LAURA SHEEDY Assistant City Attorney 20A -14 CITY OF SANTA ANA PAUL M. WALTERS City Manager APPROVED AS TO CONTENT: GERARDO MOUET Executive Director — Parks, Recreation & Community Services Agency ri REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: CONTRACT RENEWALTO COMMERCIAL DOOR OF ORANGE COUNTY FOR OVERHEAD DOOR MAINTENANCE (SPEC. NO. 10 -034) lt+c� ("�' r, CITY 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 Commercial Door of Orange County, Inc for overhead door maintenance, for a one -year period in an annual amount not to exceed $30,000. DISCUSSION The Santa Ana Fire Department utilizes front and rear apparatus room overhead doors of various sizes, types and ages that require maintenance and repair. The maintenance schedule requires a bi- annual inspection and service for all overhead doors. A preventative maintenance contract is essential to ensure full function and response at all times, providing regularly scheduled maintenance, 24 -hour emergency repair response as well as miscellaneous repairs and parts. On November 15, 2010, the City Council awarded a contract to Commercial Door of Orange County, Inc for a one -year period with provision for three one -year renewals. Commercial Door of Orange County has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the Fire Maintenance Other Contractual Services account (no. 01115360- 62300). Dave Thomas Fire Chief Fire Department EG APPROVED AS TO FUNDS AND ACCOUNTS: - �L'R, n Cis fir. "�..�-, Francisco Gutierrez Executive Director Finance & Mgt. Services Agency `✓ 22A -1 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED CONTINGENCY INCREASE TO KANA ❑ As Recommended PIPELINE FOR CONCRETE STREET ❑ As Amended WATER MAIN IMPROVEMENT ❑ Ordinance on 151 Reading ❑ Ordinance on 2 "d Reading (PROJECT NO. 116406) ❑ Implementing Resolution ❑ Set Public Hearing For_ 1 J-4- CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Increase the contingency for the contract with Kana Pipeline, Inc., for the Concrete Street Water Main Project by $100,000 to a total estimated contract amount of $896,130 and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency. DISCUSSION On May 16, 2011, the City Council awarded a contract for the Concrete Street Water Main project to Kana Pipeline, Inc. in the estimated amount of $723,755 plus a 10 percent contingency of $72,375 totaling $796,130. On Lowell, Olive, Fifth, Sixth, Baker and Raitt Streets, field verification revealed that existing underground utility lines will be in conflict with the water mains that are being installed. Therefore, the water mains were rerouted to clear the utility lines, which required deeper excavation and the installation of additional shoring and pipe fittings. Currently, the project is 40 percent complete; however 70 percent of the original contingency amount is exhausted. To avoid a delay in the project, staff recommends the contingency be increased by $100,000 to compensate the contractor for the additional rerouting of the water mains that will be required. FISCAL IMPACT The contingency increase is $100,000. Funds are available in the Water Utility Capital Projects Fund (accounting unit 06617647- 66301). Raul Godinez II Executive Direc Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: � 1 Francisco Gutierrez Executive Director Finance & Management Services Agency 23A -1 W REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: AGREEMENT WITH WESTBOUND COMMUNICATIONS FOR WEB - SITE MAINTENANCE AND COMMUNICATION SERVICES FOR EMERGENCY PREPAREDNESS (UASI FUNDED) r Gam. L CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 022Z � ❑ As Recommended ❑ As Amended ❑ Ordinance on 1stReading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Westbound Communications, subject to non - substantive changes approved by the City Manager and City Attorney in an amount not to exceed $150,000. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for anti- terrorism /all- hazards equipment, planning, training, and exercises. Santa Ana has been designated as an UrbanAreaCoreCity for the eighth year. The City of Anaheim has fiscal responsibility for the FY10 UASI grant for the Santa Ana / Anaheim Urban Area which encompasses the 34 jurisdictions in Orange County. In FY2009, the Santa Ana Police Department accepted the winning bid submitted by Westbound Communications and entered into an agreement to provide various web -based and multi -media communications and marketing services. This agreement is Phase III of a continuing marketing / public awareness campaign to provide emergency preparedness information to the citizens of the Santa Ana / Anaheim Urban Area. With oversight by the Santa Ana Police Department Homeland Security Division, Westbound will continue to expand and update the current ReadyOC website. From agreement inception until completion of the Statement of Work (Exhibit A), Westbound Communications will plan and 25A -1 Agreement with Westbound Communication November 7, 2011 Page 2 execute several multi -media events, expand outreach into social media venues, and continue a core advisory and business partnership group to provide oversight. The goal of this agreement is to encourage Orange County residents to become prepared, aware, pro- active and involved within their respective communities. A 10 percent contingency has been included in the award amount for unforeseen planning activities and ongoing maintenance. FISCAL IMPACT Funds are available in the FY 2010 UASI Grant fund account (no.12514491- 62300, Activity 11424001186, Account Category 3492). rV Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: A -�'\ k- . -�' \� ;�� _. i4 Francisco Gutierrez P ' Executive Director Finance & Mgmt. Services Agency 25A -2 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 3 d day of October, 2011 by and between Westbound Communications, Inc. (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. City, acting through the Santa Ana Police Department in its capacity as the Core City for the Santa Ana Urban Area under the FY10 Urban Areas Security Initiative, has applied for, received and accepted a grant from the Federal Department of Homeland Security, Office of Domestic Preparedness, through the State of California, Emergency Management Agency, to enhance countywide emergency preparedness, hereinafter referred to as "the Grant." B. The City desires to retain a consultant having special skill and knowledge in the field of professional Web Site and promotional communications services. C. Consultant represents that it is able and willing to provide such services to the City and has the necessary skills and experience to do so. D. Consultant has submitted a Proposal which identifies the scope, tasks and general time lines for providing the services and the costs thereof. E. 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 continue to provide web site enhancement and hosting services, as well as promotional services for the ReadyOC (ROC) Emergency Preparedness Campaign, as set forth in Exhibit A attached to this Agreement. The parties anticipate that additional planning meetings, training and exercises will be planned and executed during the term of this Agreement. The City Manager and /or Chief of Police for the City of Santa Ana are hereby authorized to approve such additional meetings, training and exercises, in writing, as they determine will fulfill the objectives of the Grant. 2. COPYRIGHT Except as otherwise provided in the terms and conditions of this Agreement, Consultant may copyright any books, publications or other copyrightable materials developed in the course of or under 25A -3 IT this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -tree, non - exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and /or City purpose: (1) the copyright in any work developed through this agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. 3. 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 $150,000.00 during the term of this Agreement. b. Out of pocket expenses, including mileage, copies and phone, will be billed separately on the first of each month, for the preceding month. Expenses that individually exceed $500, or aggregate $1,000 in any one month, will require prior written approval of City. c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed as set forth in Exhibit A, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set for in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on satisfactory completion of all services pursuant to this Agreement, unless terminated earlier in accordance with Section 13, below. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern 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 and 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 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. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional 25A-4 -T&l' insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any covered act or occurrence arising out of Consultant's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement to be approved in form by the City Attorney. b. 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. c. 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. d. Professional Liability Insurance. Consultant shall provide professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and not less than $2,000,000 annual aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled without thirty (30) days prior written notice to the City. Ten (10) days notice if cancellation is due to non - payment of premium. 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. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and special counsel from liability for personal injury, damages or just compensation, restitution. judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, to the extent they arise from the negligent or willful misconduct in the performance of operations or errors or omissions of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 25A -5 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax (714) 647 -6956 With courtesy copies to: Santa Ana Police Department UASI / Homeland Security Division 60 Civic Center Plaza P.O. Box 1981 (M -18) Santa Ana, California 92702 Telefacsimile (714) 245 -8098 Attn: Brad Hadley And City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, CA 92702 25A -6 ` ± r To Consultant: Westbound Communications Rick Miltenberger 625 The City Drive, Suite 360 Orange, CA 92868 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 bee 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. 11. 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. 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 25A -7 -Fi' property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. CONSULTANT CERTIFICATIONS /FEDERAL REQUIREMENTS a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). 25A -8 Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act." f. Civil Rights Compliance and Notification of Findings - Consultant will comply, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. h. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. L Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. j. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327- 330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Consultant will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. 25A -9 __R_,- I. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L.. 94 -163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 1 1, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. m. Consultant, and all of its contractors (or subrecipients), shall retain all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully. including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in tact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above vvrittcn. AT' IJ:ST: MARIA HUIZAR Clerk ofthe Council APPROVED AS TO FORM: CITY OF SANTA ANA PA(-.:L M. WALTERS Interim City Manager 01TIC ' OF 'I'll CITY ATTORNEY WESTBOUND COMMUNICATIONS, INC. Tf°: ESA.IUDD;' ICKMII.TENBFRGI�R Assistant City A ney Senior Vice President 25A -10 EXHIBIT A ReadyOC FYI Budget: Q4 2011 STATEMENT OF WORK General Information: The following Statement of Work (SOW) defines the principle activities and responsibilities of all parties for public outreach services to support the ReadyOC (hereinafter ROC) Emergency Preparedness Campaign. This scope of work shall stand as an agreement between the City of Santa Ana (hereinafter Santa Ana) and Westbound Communications (hereinafter WBC). WBC will supply the following services: o ROC Web Site Management • Site content updating • Social media content updating • Site optimization • Site maintenance o ROC Advertising and Promotional Communications • Paid radio advertising • Social media outreach • Broadcast news promotions • Media /corporate promotions • Publicity services o Marketing Support for ROC Program • Multimedia production and outreach • Faith -based and citizen outreach o Project Administration Services No deviation of this SOW will be allowed without written consent from the Santa Ana Project Manager. Nevertheless, Santa Ana recognizes that projects of this magnitude will likely encounter various unforeseeable events that may cause tasks to overlap or change, and such change will be permissible with the approval of Santa Ana Project Manager. This SOW is contingent upon both WBC and Santa Ana fulfilling their respective responsibilities as defined in the Agreement and within this document. Contents The following are included with this SOW: • Task Descriptions • Project Change Order • Project Schedule 25A -11 • Milestone Payment Schedule General Project Management Responsibilities Project management occurs throughout the project and is involved in every task. The overall project management activities are listed here for reference. Westbound Responsibilities: a. Maintain project communications with Santa Ana's Project Manager. b. Manage the efforts of the WBC staff and coordinate WBC activities with the Santa Ana Project Manager. C. Conduct on site status meetings with Santa Ana's Project Manager on a monthly basis or when reasonably required at the discretion of Santa Ana to discuss project status. d. Provide timely responses, within ten (10) business days, to issues raised by Santa Ana's Project Manager. e. Prepare and submit, no later than the fifth business day of each month, a status report that includes: the accomplishments of the previous month, activities planned for the current month and any update to the project schedule. f. Prepare and submit project Change Proposals to Santa Ana's Project Manager as necessary. g. Prepare and submit Task Completion Letter(s) to Santa Ana's Project Manager as necessary. Santa Ana Responsibilities: a. Maintain project communications with the WBC Project Manager. b. Manage the efforts of ROC involved staff and coordinate ROC activities with the WBC Project Manager. C. The Project Manager must ensure that their personnel have ample time, resources, and expertise to carry out their respective tasks and responsibilities. d. The Project Manager or his designee will participate in the status meeting with the WBC Project Manager on a monthly basis or as may otherwise be reasonably required to discuss project status. e. Provide timely responses, within ten (10) business days, to issues raised by the WBC Project Manager. f. Liaison with all Santa Ana- provided third -party vendors and associated systems. g. Ensure acceptable Change Orders are approved by authorized signature(s). h. Ensure acceptable Task Completion Letter(s) are approved by the Project Manager or his designee. i. Ensure timely payment of invoices. j. Ensure WBC access to server and network equipment and work areas on a 24x7 basis, with pre- authorization for off - hours. k. Provide workspace for WBC personnel as reasonably requested. 25A -12 SOW Format: Each task includes the following: Title, Objective, Task Description, Responsibilities and Completion Criteria. The tasks are depicted on the project schedule. All parties recognize that the SOW is not formatted chronologically with contractual obligations defaulting to Project Schedule unless otherwise noted. Task 1: ROC Phase 4 Initiation S Marketina Road Map Objective: Establish formal road map marketing plan and project schedules while continuing efforts to maintain and bridge ongoing activities from Phase 3 (under the FY09 Budget). Task Description: Develop, refine, review and approve plan for all Phase 4 initiatives, including the marketing plan and project schedule. This also includes bridging activities from Phase 3 to maintain campaign momentum, integrity and continuity. Activities include: a. Phase 4 Launch Meetings — conduct meetings with Santa Ana Project Manager and ROC Steering Committee to outline strategies and recommendations for Phase 4 and to get approval to proceed with Phase 4 Road Map. b. Phase 4 Marketing Road Map — develop comprehensive marketing communications and promotions plan detailing strategies, objectives, tasks, schedules and metrics for all ROC and Promise to Prepare (P2P) activities during the contracted period. This includes delivery of a 50-60 slide PowerPoint deck plan that details all strategic goals and programming. c. Project Schedule — develop and complete a comprehensive project schedule that details timing for all activities. d. Project Management & Control Procedures — review and update, as needed, all control and administrative procedures (change orders, approval processes, etc.) and documents. Responsibilities: WBC shall: a. Develop the initiative and seek plan approval from the ROC Steering Committee b. Execute the promotion in accordance with the approved plan Santa Ana shall: a. Approve plan and promotion elements Completion Criteria: This task is considered complete upon the completion of the deliverables. Planned completion will be in the fourth quarter (Q4) of 2011. 25A -13 Task 2: Promise to Prepare (P2P) Promotion Push Objective: Extend and maintain momentum of P2P program and push. The emphasis will be on strong public outreach presence and marketplace exposure in the fourth quarter of 2011, extending into early 2012. Included will be a refinement and subtle but vital shift in the P2P messaging platform from a goal of securing "100,000" promises to "1 in 20 OCers" having taking a step to get prepared. Task Description: The promotion includes the ongoing public pronouncement that ROC will to achieve promises to prepare from OC residents, businesses and community members. Task 2 -A: ROC Smartphone App Platform Expansion & Promotion Objective: Continue to refine the ROC smartphone application (now available on iTunes) and platform, including expanding the format to Droid and other applicable smartphone systems. In addition, create and execute a promotional program to generate app exposure, downloads and use, as well as drive public endorsements /feedback that will assist in developing future features and improvements. Task Description: The program includes the following activities: a. iPhone App Enhancements — work to enhance existing application, including features updates, technical platform refinements, etc. b. Platform Extension — pursue development of Droid and other platforms that extend app availability for a broader range of smartphones. c. App Promotion Plan & Program — develop and implement plan to promote the availability of the app and to drive downloads. The program will include a mix of publicity, advertising, video, website, social media and other offline and online marketing elements. Responsibilities: WBC shall: a. Develop the initiative and seek plan and program approval from the ROC Steering Committee b. Execute the promotion in accordance with the approved plan Santa Ana shall: a. Approve plan and promotion elements Completion Criteria: This task is considered complete upon the completion of the deliverables. Planned completion and implementation will be completed in Q4 2011. 25A -14 Task 2 -13: Clear Channel 4th Quarter Promotion (English & Spanish) Objective: Develop and implement an expanded month -long radio promotional campaign leveraging the success of the Fall 2011 initiative. The program will include on -air spots, public service show interviews, scheduled on -air DJ chatter, on -air remote promotions, online promotions /adlets, etc., with specific emphasis on the Promise to Prepare campaign and message. Task Description: The use of popular radio stations and their on -air personalities will effectively reach Orange County residents of varying backgrounds. By working with a radio syndicate such as Clear Channel (particularly the KITS FM, KOST 103.7 and KSBR 98.7 stations), ReadyOC messages will be aired on multiple stations to reach mainstream as well as more specific segments of the population. On -air and online promotions will be developed and implemented to attract and promote emergency preparedness. Importantly, this effort will expand on previously successful promotions through Clear Channel through a broader reach that will include at least one Spanish language station with a high level of Orange County listenership. Activities will include: a. Plan Development & Review — working with Clear Channel, a plan will be developed and implemented for a promotional period to take place within Q4 2011. The plan will consist of both on -air and online outreach components. b. Coordination of Advertising and Online Promotions — work directly with radio partner on the management of the promotional period, developing copy for advertising spots, public service announcements, completing air checks, securing data from the online components, and reporting results to the Steering Committee. c. Summary Report of Online Outreach — analyze data of registered "click- throughs" from the radio websites to ReadyOC and monitoring the number of promises to prepare that come as a result of the radio promotion. A final report will be prepared and delivered to the Steering Committee. Responsibilities: WBC shall: a. Develop the promotion and seek plan approval from the ROC Steering Committee b. Execute the promotion in accordance with the approved plan Santa Ana shall: a. Approve the plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the promotional period. Completion is planned for the end of Q4 2011. Task 2 -C: "The Gift of Preparedness" Promotion Objective: Create and execute a holiday -time emergency preparedness promotion centered around giving "The Gift of Preparedness" (this program could potentially extend beyond the holiday 25A -15 season). Orange County residents, schools, businesses and more will be encouraged to give the gift of preparedness to themselves and others during the holiday as a way to make good on stated commitments to Promise to Prepare. The program will feature ROC /P2P messaging and kit items (ex. premium emergency kit) that will be promoted /distributed through seasonal activities (ex. holiday event auctions), community events, the website, the ReadyOC app and more. Task Description: Handle all aspects of programming, materials development and distribution. Broadly, elements are envisioned to include the following: a. Holiday Promotion Plan — develop a formalized plan that defines objectives, strategies and tactics for the program. b. Holiday Event Auctions — identify, select and pursue holiday -time events that feature live and /or silent auctions where ROC will place "higher end" emergency preparedness items (ex. premium survival kit) for auction. c. Major Retail Holiday Events — identify and pursue a select number of large scale holiday events at major regional shopping centers (ex. South Coast Plaza, The Shops at Mission, etc.) to promote ROC and giving the gift of preparedness. This can include distributing branded ROC items (such as a self- charging flashlight) as "stocking stuffers" or other holiday gift. d. ROC Branded Self- Charging Flashlight — acquire and distribute up to 5,000 self - charging flashlights for distribution at holiday events and community events, with an initial emphasis tied into giving the gift of preparedness. Responsibilities: WBC Shall: a. Develop the promotion and seek plan approval from the ROC Steering Committee b. Execute the promotion in accordance with the approved plan Santa Ana shall: a. Approve the plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the promotional period. Completion is planned for the end of Q4 2011. Task 2 -D: Promise to Prepare Publicity Outreach Objective: Develop and implement 2 -3 formalized story pitches that drive earned editorial coverage in targeted media. Task Description: The emphasis of this effort will be to develop and implement a plan to secure major editorial stories within regional print, broadcast and /or online media. 25A -16 Sample media outlets might include the Orange County Register, Good Day LA, KTLA Morning News, La Opinion, Telemundo, OC Metro, and others. Activities include creating, pitching and securing 2 -3 stories to print and broadcast press that reach OC readers, listeners and /or viewers Completion Criteria: This task is considered complete upon the completion of the outreach period. Completion coincides with the end of Q4 2011. Task 3: `See Something, Say Something' Marketing Road Map & Materials Objective: Develop ReadyOC -based marketing plan and materials for Orange County based on the Department of Homeland Security's priority national public awareness campaign, "If You See Something, Say Something." The program will be designed to raise public awareness of indicators of terrorism and violent crime in the region, and to emphasize the importance of reporting suspicious activity to the area's proper authorities. Task Description: Develop and secure approval of the plan for all See /Say activities, including the marketing plan and project schedule. Activities include: a. See /Say Planning Meetings — conduct meetings with Santa Ana Project Manager and ROC Steering Committee to outline strategies and recommendations for the ROC See /Say initiative. b. See /Say Marketing Road Map — develop comprehensive marketing communications and promotions plan detailing strategies, objectives, tasks, schedules and metrics for all See /Say activities, ensuring synergy and alignment with broader ROC initiatives and messaging. Actual program implementation will be under separate contract. c. See /Say Materials — develop and complete collateral such as a fact sheet, flyer, display advertising design and other appropriate materials to be ready for distribution under separate contract. Responsibilities: WBC shall: a. Develop the initiative and seek plan approval from the ROC Steering Committee Santa Ana shall: b. Approve plan and collateral materials Completion Criteria: This task is considered complete upon the completion of the proposal. Completion is planned midway through Q4 2011. 25A -17 Task 4: Website & Social Media Platform Refresh Objective: Review, recommend and pursue platform updates for the readyoc.org website and social media platforms to expand and extend technical capabilities for improved user experience and functionality. This includes recommendations and options for a website design /content organization refresh. Also included will be developing and implementing ongoing website and social media content, maintenance and management activities. Task Description: Handle all aspects of the website and social media content updates, site optimization, site maintenance and site management needs. Activities include: a. Website Refresh — conduct and implement a full website fresh to be implemented in calendar year 2012 that encompasses design, content and technical platform enhancements and updates /refinements to: accommodate increasing site traffic levels; support further interactivity and functionality; and extend capabilities to meaningfully connect with hundreds of thousands of OCers. b. Website Content Updates, Management & Maintenance — develop and implement 24/7 website content, maintenance and management activities and support during Q4 2011. This includes handling all aspects of website updates, site optimization, site maintenance, site management and site metrics /reporting needs in accordance with ROC approved processes and protocols. c. Social Media Content Updates, Management & Maintenance — develop and monitor 24/7 social media content as well as manage platforms for ROC Twitter, Facebook, Linkedln and YouTube channels, all in accordance with the approved processes and protocols for each medium. Responsibilities: WBC shall: a. Develop the initiative and seek plan approval from the ROC Steering Committee Santa Ana shall: c. Approve plan and collateral materials Completion Criteria: This task is considered complete upon the completion of the support period. Completion is planned for the end of Q4 2011. Task 5: Corporate Advisory Council (CAC) Q4 Support S 2012 Plan Objective: Continue managing current CAC group with emphasis on enhancing participation benefits, retaining current active members for 2012, and expanding successes in leveraging CAC resources, connections and contributions to the overall ROC initiative from Q4 2011 into Q1 2012. Task Description: Continue momentum to expand the success of the council to help provide opportunities, extensions, and ongoing support for ROC. Activities include: a. CAC Designated Ambassador — continue to leverage and refine the designated CAC ambassadors to facilitate and deepen relationship efforts. b. One -on -One Outreach Tour — continue successful new strategy to outreach to CAC members in a high- touch, one -to -one manner to generate customized opportunities for promotional investment and support of the ROC campaign. c. CAC Recognition Program — formalize development and implementation of recognition program for CAC members that elevates the prestige for and expands the interest in promoting ROC and emergency preparedness. Responsibilities: WBC shall: a. Develop and implement the program with approval from the ROC Steering Committee Santa Ana shall: d. Approve the program and promotional efforts Completion Criteria: This task is considered complete upon the completion of the tasks. Completion is planned for the end of Q4 2011. Task 6: Faith -Based and Citizen Outreach — Q4 2011 Objective: Continue implementing program to support and /or staff key faith- and citizen -based emergency preparedness events based on the Project Schedule. Task Description: Handle all aspects of road shows, event support, staffing and promotion for two Ready Sunday events and up to two Ready Sunday events and up to four additional community /emergency preparedness events. Responsibilities: WBC shall: a. Develop the promotion and seek approval from the ROC Steering Committee b. Execute the promotion based on the Task Description Santa Ana shall: a. Approve promotion elements Completion Criteria: This task is considered complete upon the completion of the promotional period. Completion is planned for the end of Q4 2011. 25A -19 Task 7: Media Trainina & Crisis Response Protocol Objective: Complete media training for ROC spokespersons and establish /implement a crisis response protocol that is triggered during an emergent disaster or emergency situation occurring in — or relevant to — Orange County, Task Description: Conduct a half -day media training session for 2 -4 designated ROC spokespeople to enable them to be available for proactive editoriallmedia story pitching or to be put forward on behalf of ROC in an emergent disasterlemergency scenario. This includes the development of a formalized Crisis Response Protocol which establishes defined parameters and processes for ROC and its spokespeople for media outreach during crisis situations. The training and protocol will align with the county's Emergency Operations Center (EOC) mandates. Responsibilities: WBC shall: c. Develop the training and protocol, and seek approval from the ROC Steering Committee d. Execute the training and protocol system in accordance with the approved plan Santa Ana shall: b. Approve the training and protocol elements Completion Criteria: This task is considered complete upon the completion of the promotional period. Completion is planned for the end of Q4 2011. 25A -20 r O N s U C C O N d O 0 • U) fl- 64 0000 0000 L 0 EA L w 69 $ O (ci CO 0% 0 Qo S U-) V% O 0 L°n M V% O 0 N fA O O °o 00 .— 64 O O �8 O T- 69 0 o 0 r. a# r 40). p E .V F- o a n 0 = 0 0. N a N s Q U) a N Q c o Mo W c N = W G Q W N It a O z ow C7 W o° o� p Q Q Z Z 2 0 E a. U. w O Ya a Z N IL H o a O O w :E Cy coo O O U N °� W a. Q c—:) N d w } p Z N to O � a m ca �r � a0 � C7 Z � w H V U etf Q a0 c a _ W U 0 z E M 0 Q N W W Z ? F- U) 0 a g Cd to Q w (a O T L N } H o m -a W m Q ._ O�c�E w I I I w w w O t=_- Q o w IL a to U LL Q m V N N N N • e- N Ad y N N r! et h J Y Y m m m m Y Y Y Y Y Q 25A -21 25A -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: AGREEMENT WITH SOFTMASTER, INC. FOR SUSPICIOUS ACTIVITY REPORTING SYSTEM (UASI FUNDED) CITY MAN GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of Council to execute the attached agreement with SoftMaster, Inc. for report writing and analytic software that will enable analysis of Suspicious Activity Reporting (SAR), in an amount not to exceed $150,600. DISCUSSION The United States Department of Homeland Security Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate equipment to prevent, protect, respond to and recover from acts of terrorism. Santa Ana has been designated as an Urban Area Core City for the ninth year. The City of Santa Ana has fiscal responsibility for the FY09 UASI Grant for the Anaheim /Santa Ana Urban Area which encompasses 34 jurisdictions in Orange County. The Santa Ana Police Department currently utilizes SoftMaster's Incident Reporting System (IR2) for report writing. The new contract with SoftMaster, Inc. will approve the purchase and installation of a Suspicious Activity Report system, which has analytic enhancements that will automatically process and analyze suspicious activity reports. The system will enable the City of Santa Ana to electronically share information with the Orange County Intelligence Assessment Center ( OCIAC), by automatically; uploading suspicious activity reports into OCIAC's database, correlating them to similar reports, and notifying OCIAC analysts of newly uploaded reports. In addition, SoftMaster will provide a perpetual license for the Incident Reporting Analytics package, which will facilitate reporting and data analysis. The purchase of the SAR analytic enhancement will also enable us to meet the guidelines as set forth in the Department of Homeland Security's Nationwide Suspicious Activity Reporting Initiative (NSI). 25B -1 Agreement with Softmaster, Inc. for Suspicious Activity Reporting System November 7, 2011 Page 2 FISCAL IMPACT Funds are available for the Suspicious Activity Reporting system in the FY2009 UASI Grant fund account (no. 12514407 - 62300, Activity 10427801182, Account Category 3498). Paul Walters Chief of Police Police Department Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: P Francisco Gutierrez Executive Director Finance /Management Services Agency AGREEMENT FOR PROVISION OF SOFTWARE DEVELOPMENT SERVICES THIS AGREEMENT, made and entered into this 7th day of November, 2011 by and between SoftMaster, 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. City, acting through the Santa Ana Police Department, as a Core City and the lead agency for the Anaheim / Santa Ana Urban Area under the FY09 Urban Areas Security Initiative ( "UASI "), has accepted a grant from the federal Department of Homeland Security, Office of Domestic Preparedness, through the State of California, Office of Homeland Security, to enhance countywide emergency preparedness, hereinafter referred to as "the Grant ". B. The City desires to retain a consultant having special skill and knowledge in software engineering to develop a Suspicious Activity Reporting system to analyze and share such reports with other law enforcement agencies. C. Consultant represents that it has the necessary skills and experience to develop the software. D. Consultant has submitted a Proposal which identifies the scope, tasks and general time lines for providing the services and the costs thereof. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Consultant shall develop, test and deploy an enhancement to the Santa Ana Police Department's (SAPD) Incident Reporting System, which will allow entry and processing of Suspicious Activity Reports (SAR), as set forth in Exhibit A, attached hereto and incorporated by this reference. The enhancement will allow the SAPD to participate in electronic information sharing of Homeland Security SAR data with the Orange County Intelligence Assessment Center (OCIAC). Consultant anticipates a twelve (12) week schedule for the completion of all work required to develop, test and deploy the system. b. Consultant hereby grants a perpetual software license to its Incident Reporting Analytics system as described in Exhibit A. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Deputy Chief of Police, or his designated representative, and the representative of the Consultant shall be or SoftMaster 10/ 10/ 11 25B-3 his /her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. In regard to all enhancements to the SAPD's Incident Reporting System produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that 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, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. In regard to Consultant's Incident Reporting Analysis software and any modifications to it produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that 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, a royalty -free, nonexclusive; irrevocable license to use such materials and software for their own use and benefit. 4. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services a fee of $150,600, which will be paid in four monthly progress payments, the first of which will occur thirty (30) days after all parties have executed this Agreement and Consultant services have commenced. Notwithstanding the foregoing, City shall retain twenty percent (20 %) of each progress payment until the completed Project has been accepted by City. 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. 5. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2012, unless terminated earlier in accordance with Section 14, below. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all SoWmter10 /10 /11 25B-4 salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of services provided, commercial general liability insurance is not required. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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 (3 0) 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. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct 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 negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees SoftMaster10 /10 /11 25B-5 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 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. 9. CONFIDENTIALITY If either party (the "Receiving Party") receives from the other party (the "Disclosing Party") information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the Receiving Party 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 Receiving Party disclosed in a publicly available source; (c) is in rightful possession of the Receiving Party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Receiving Party without reference to information disclosed by the Disclosing Party. 10. 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. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: Santa Ana Police Department Homeland Security 60 Civic Center Plaza (M -97) Santa Ana, CA 92701 Fax 714 - 245 -8745 And City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) SofrMasterl 0 /10 /11 25B-6 P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Consultant: SoftMaster, Inc. 23 Peters Canyon Rd Irvine, California 92688 Fax 949 -598 -4599 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 facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. 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. 13. 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. 14. 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 Chief of Police 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. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. SofrMaster10 /10/11 25B-7 15. CONSULTANT CERTIFICATIONS a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, and /or itsr duly authorized representative for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, Consultant pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of 'The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act ". £. Civil Rights Compliance and Notification of Findings - Consultant and its contractors and subcontractors will comply with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. 16. DISCRIMINATION SoftMaster 10/ 10/ 11 25B-8 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. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature 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. 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. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council SofrMasterl0 /10/11 CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager W. 1 � J APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney L-03 Laura Sheedy Assistant City Attorney SOFTMASTER, INC. (NAME) (Title) SoftMasterl0 /10 /11 25B-1 0 EXHIBIT A SCOPE OF WORK Santa Ana Police Department Suspicious Activity Reporting Enhancement Proposal July 8, 2011 Prepared By Mastering your Information ol SoftMaster, Inc. 23 Peters Canyon Rd Irvine, CA 92688 www.softmaster.com SoftMaster 10/10/11 25B -11 TABLE OF CONTENTS INTRODUCTION.................................................................................................... .............................11 Audience....................................................................................................................... .............................11 ExecutiveSummary ..................................................................................................... .............................11 Background.................................................................................................................. .............................11 Assumptionsand Dependencies ............................................................................... .............................12 SCOPEOF WORK ...................................... ............................... ............... ......12 .... ............................... SARData Entry ............................................................................................................ .............................13 SARExtract And Submission ..................................................................................... .............................13 IncidentReporting Analytics ...................................................................................... .............................14 Integrated Reporting and Records Framework ............ ............................... Error! Bookmark not defined. SCHEDULE AND COSTS ........................... ............................... .......ERROR! BOOKMARK NOT DEFINED. Schedule ........................................................................... ............................... Error! Bookmark not defined. Costs ................................................................................. ............................... Error! Bookmark not defined. SoftMaster l0 /10/ 11 25B-1 2 Introduction Audience Santa Ana Police Department Management Santa Ana Police Department Technology Division Executive Summary SoftMaster proposes to develop an enhancement to the SAPD's Incident Reporting System (IR2) to allow entry and processing of Suspicious Acitivity Reports (SAR's.) This will allow SAPD to participate in electronic information sharing of Homeland Security SAR data with the Orange County Intelligence Assessment Center ( OCIAC.) The mission of OCIAC is: To provide an integrated, multi - disciplined, information and intelligence sharing network to collect, analyze, and disseminate information on all hazards, risks, criminal risks, and safety threats to law enforcement, fire, health, private sector, and public sector stakeholders in a timely manner in order to protect the residents, visitors, and critical infrastructure of Orange County The SAR's provide data that is critical to this mission by sharing information on activities that are reasonably suspected to be a pre- cursor to criminal or terrorist activities. These reports are part of the Department of Homeland Security's Nationwide Suspicious Activity reporting Initiative (NSI). The NSI builds on what law enforcement and other agencies have been doing for years — gathering information regarding behaviors and incidents associated with criminal activity —and establishes a standardized process whereby SAR information can be shared among agencies to help detect and prevent terrorism - related criminal activity. In March 2010, the Department of Justice established an NSI Office to facilitate the implementation of the NSI across all levels of government. Reference http://www.ise..qov. The proposed enhancement will provide the ability for officers and SAPD personnel to enter SAR's into the system, and periodically send this information to OCIAC in an electronic format. In addition, SoftMaster will provide a perpetual license for their Incident Reporting Analytics (IRA) operational data store software to facilitate reporting and data analysis of this data. Background The SAPD is currently transitioning to a new incident reporting system, named IR2. This system contains a large number of the data types and elements required to input an SAR. It is highly desirable to integrate the SAR's into this system to facilitate integrated reporting and management of these reports. SoftMaster has provided resources to SAPD customize the IR2 system, and has significant knowledge of its architecture, design, and business rules and requirements. As such, we are able to develop, test, and deploy the proposed enhancements in a timely and quality manner. SoftMaster has 15 years of experience in Courts, Fire, Police, and other law and justice systems, as well as significant experience in data integration and data exchange between organizations. SoWaster10 /10 /11 25B -13 Assumptions and Dependencies 1. An iterative, prototype -based approach will be used for screen design, and enough time from SAPID personnel will be available to finalize screen and /or report design in the first 2 -3 weeks of the project. Requirements for the format of the data to be exchanged with OCIAC are based on the current ISE and NIEM specifications, and no additional requirements will be added by OCIAC. 3. SoftMaster will provide the Incident Reporting Analytics processes and database to SAPID, but will not be responsible for developing reports against the data. 4. SAPID personnel will be available to answer questions and make decisions in a timely manner. 5. SAPID will provide adequate development and testing environments in a timely manner. 6. Work will be performed both onsite at SAPID and offsite at SoftMaster facilities. 7. SAPID will coordinate testing of SAR data extracts with the OCIAC. Scope of Work The following diagram illustrates the key components of the solution: 14 14 =* 4 Officer Report Entry SoftMmter 10/10/11 25B -14 ISE -SAR Inform.['.. Exchange Packets (xML) SoftMmter 10/10/11 25B -14 SAR Data Entry The SAPID IR2 Incident reporting system will be enhanced to allow entry of SAR reports, including additional data types and elements required to support these reports. In addition, a facility will be developed to extract and transfer electronic versions of the SAR reports to the OCIAC in a standard forms. 1. Additional data elements and types will be added to the IR2 report schema in order to fully accommodate SAR data as defined in the Information Sharing Environment Functional Specifications. http:// www. ise. p,ov/ docs/ ctiss/ ISF- FS- 200SARFunctionalStandardIssuanceVersionl 0 pdf These data types are: • Aircraft • Attachments • Follow -up Actions • Sensitive information Details • Suspicious Activity Reports • Target • Vessel • Flight Plan • Conveyance Movement 2. The IR2 lookup tables will be enhanced to support standard lists of values required to support entry of these data types. 3. The IR2 report entry form will be enhanced to include data entry functionality for these additional data types. a. In addition, the report entry form may be enhanced to suppress display of data types not needed for SAR reports, when this type of report is being entered. This tailoring of report content will occur at the high level band (Witnesses, Narratives, Officers, etc.) No tailoring will be done inside these high -level bands. 4. A form will be provided to select specific property or evidence items and flag them for inclusion within the SAR extract. This form will provide a hyperlink back to edit the item. In addition one (1) printable report of these items will be developed. SAR Extract And Submission A process will be developed to extract data for SAR reports, and format it into an electronic XML format to be submitted to the OCIA for consolidation with other agencies data. SoftMaster 10/10/11 25B -15 1. The format of the information will conform to ISE functional standards as well as the National Information Exchange Model, published by the Department of Justice. 2. Data will be extracted on a periodic basis to be determined by the SAPD. 3. SAPD is responsible for all connectivity and transfer of the extracted data to OCIAC. Incident Reporting Analytics SoftMaster has developed an extract process and data model that facilitates reporting of law enforcement incident data. This database provides a semi - normalized, operational data store of incident data that can be used for operational and analytical reporting. SoftMaster will enhance this database and extract process for any new SAR- related data, and provide a perpetual license to SAPD to install and utilize this software. This software will allow the SAPD to develop ad -hoc reports and perform analysis on data from their incident reports and other source data that may be added to the database in the future. SoftMasterl0 /10/11 25B -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011 -04 FOR THE PROPERTY LOCATED AT 2109 NORTH HELIOTROPE DRIVE C� CITY MANAGER 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 Authorize the City Manager and Clerk of the Council to execute the attached agreement with Nicola Fleming, property owner, for the structure located at 2109 North Heliotrope Drive subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Nicola Fleming, property owner, for the structure located at 2109 North Heliotrope Drive subject to non - substantive changes approved by the City Manager and City Attorney at its October 6, 2011 meeting by a vote of 5:0 (O'Callaghan abstained; Rogers and Yrarrazaval absent). DISCUSSION After the public hearing on October 6, 2011, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25C -1 HPP Agreement No. 2011 -04 November 7, 2011 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $205 to $1,022 annually, for a period of not less than ten years. 3Q211 Trevino Executive Director Planning & Building Agency HS:rb Whistoric infoXmills act agreements\2109 _N_Heliotrope\hppa11 -04.cc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency �✓ Exhibit: A. Historic Resources Commission Staff Report 25C -2 REQUEST FOR Historic Resources Commission Action OCTOBER 6, 2011 1 / TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011-04 FOR THE PROPERTY LOCATED AT 2109 NORTH HELIOTROPE DRIVE Prepared by Hally Soboleske APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director V Planning Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Nicola Fleming, property owner, for the structure located at 2109 North Heliotrope Drive subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicant, Nicola Fleming, requests the approval of Historic Property Preservation Agreement No. 2011 -04 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Colonial Revival styled residence located at 2109 North Heliotrope Drive and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. Exhibit A 25C -3 HPPA No. 2011 -04 October 6, 2011 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Stauffer House and categorized as Key on July 7, 2011 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. AL6 Hally Sobole e Associate PI ner HS:jm Whistoric info\mills act agreements\2109 _N_Heliotrope\hppa11- 04.hrc Attachments: Exhibit 1 — Radius Map Exhibit 2 — Executive Summary Exhibit 3 — Mills Act Agreement 25C -4 HPPA - 2011 -04 2109 N. Heliotrope Drive PLANNING AND BUILDING AGENCY EXHINT 1 25C -5 "Amon Sr MBank gay , YII •s was 1 Ty b.. 12M cm :2 ..:* n 3 .r dAmm HPPA - 2011 -04 2109 N. Heliotrope Drive PLANNING AND BUILDING AGENCY EXHINT 1 25C -5 25C -6 PEXECUTIVE SUMMARY STAUFFER HOUSE 2109 N. Heliotrope Drive Santa Ana, CA 92706 NAME Stauffer House REF. NO. ADDRESS 2109 North Heliotrope Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1940 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 2 & CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side - gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320 -326). SUMMARY /CONCLUSION: The Stauffer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival style. Additionally, the house has been categorized as "Key" because of its "distinctive architectural style and quality" and, as an intact example of the combination of the Colonial Revival style in the Floral Park neighborhood, its association with William ]. Stauffer. (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Resister Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 2: It is associated with the lives of persons important to local, California or national history 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 4 25C -7 PStab of Caltfontia -- The Reeouraw Agency DEPARTMENT OF PARKS AND RECREATION HRI tie PRIMARY RECORD Trinomisi NRHP Status Code Other ustings Rovhw Code Reviewer Dale or number (assiwwd by r«rorder) P1. Other Identifier: *P2. Location: ONot for Publication ■Urx+estric ted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2109 North Heliotrope Drive City Santa Ana Zip 02706 *e. Other Locational Data: Assessor's Parcel Number 002-061 -26 *P3a. Description: (Describe resource and its major eioments. Indude design, materials. condition, aftmoom, size, setting, and boundaries.) Rectangular In plan, this side gabled Iwo -story Colonial Revival styled residence is dad In smooth stucco fbhlsh on the first floor, sides and back of the structure, and the upper front elevation is dad with 8" horizontal longue and groove wood siding. The roof Is capped with asphalt shingles, and the eaves are very shallow and rafters are covered by a wood fascia board. Fenestration patterns are very symmetrical as is typical of the Colonial RevJval style. The first !Poor windows include two large wooden bow wvxkm on ellher side of the central front entry topped with a copper shed roof. Although the center window of each bow is Hired, the skis windows of each bow window are shingle hung with lamb's tongue features. The windows on the front fagade of the second poor are aN composed of wood, and are skgte hung. The windows on the outermost portion of the fagade are sir- over -six, lambs tongue decoration, and wood shutters. Just above the front entry, and central to the fagade, are two smeNer single hung wood windows instaNed side by side. Each of these windows is six- over-six with a prominent wood slN, and wood shutters surrounding the pair The central front entry Is Bush with the fagede, with a narrow porch and lending protruding into the front yard. This porch Is stWorted by simpie wood porch supports and Includes a front facing gable wNh broken pediment. A slender, carved wood finial rests Inside the pediment. There was a 3nW den addition to the rear of the house whirl► is not vfslble ham the right-of- way. The landscape on the property is hush and mature. A small detached garage sits to the rear of the property. *133b. Resource Attributes: (Nst attrbules and codes) HP2. Sirgts-f m iy Prgperty *P4. Resources Present: KBuiWkv OStructure OObWA OSite ODistrict DEtement of District OOther ■BUIlclng, Structure, and Object Record P5b. Photo: (view and date) West facing elevation A6rch 2011 *P6. Date ConstructedtAge and Sources: ■hiss 194GIUy of Santa Ana Bukft Permits *P7. Owner and Address: Nicola Jane Fleming 2109 N. Heliotrope Drive Santa Ana, CA 92706 W. Recorded by: Hally Soboleske 20 Civk Center Plaza Santa Ana, CA 92702 *P8. Date Recorded: Afarch 21, 2011 *P10. Survey Type: Intenshre Survey Update *P11. Report Citation: (Cib survey report and ether sourCes, or enter "nom') None. *Attachments: ONone OLocation Map O Sketch Map •Continuation Street UArchasological Record uDistrid Record uLineer Feature Record DMNNng Station Record DRock Art Record OArWact Record 13Photograph Record O Other (Not) DPR 523A (IIN) Page 2 of 4 *Required information 25C -8 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRIN BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 -Resource Name or v: Jraurrer House B1. Historic Name: Stauffer House B2. Common Name: Same B3. Original Use: Single- family Residence *B5. Architectural Style: Colonial Revival B4. Present Use: Single- family Residence *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1940 April 10, 1940. 7 room frame residence and garage. $9,000. May 19, 1947. One fixture. April 13, 1950. Addition to service and alteration to residence by William Stauffer. April 26, 1950. 2 fixtures by William Stauffer. May 15, 1950. 10 outs, 2 fixtures, disposal and dishwasher for Stauffer. Mary 14, 1966. Remodel kitchen and addition to den. September 16, 1980. Pool and spa for Dr. D. Wardell by Granada Pools $15,000. October 2, 1989. New detached garage with studio and storage above with 2 skylights, and demo existing garage. May 25, 1990. Solar panels on garage for pool. *BT. Moved? ■No OYes OUnknown Date: Original Location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Allison Honer *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single- family Residence Applicable Criteria: CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Stauffer House is architecturally significant as a Colonial Revival style of architecture in the Floral Park neighborhood. It was constructed in 1940 by Allison Honer as a speculative venture, and the first occupant was William J. Stauffer and his wife Violet. Mr. and Mrs. Stauffer were married September 25, 1925, and were lifelong Orange County residents. He opened the first Orange County investment house in 1924 in Santa Ana where he worked as a finance manager for Dean Witter and Company. This helped to establish Santa Ana as a hub for finance and business at the time. His son Bob joined the Dean Witter office (now Morgan Stanley) in 1955 and worked in Santa Ana for 33 years. Bob's nephew, David, is still there, representing the third generation of Stauffers to work in the firm. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanbom Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *814. Evaluator: Hally Soboleske *Date of Evaluation: March 21, 2011 (this space reserved for official comments.) DPR 5238 (1/95) Page 3 of 4 25C -9 Sketch Map . yr. -).-, ¢r. L T �tMr o © 2109 North Heliotrope Dr. G 002 - 081 -28 o ' *Required information � I , @ e � e o e 1,i FE W e *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Stauffer House `Recorded by Hally Soboteske 'Date March 21, 2011 ® Continuation ❑ Update "`1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards doffed with widely scattered farmhouses. The Stauffer House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco - styled Old Santa Ana City Hall, the El Toro Marine Base during World War Il, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War 11 years, Floral Park continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Stauffer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival style. Additionally, the house has been categorized as `Key" because it of its distinctive architectural style and quality of architecture, as well as its association with William J. Stauffer, who established the first finance firm in the city and Orange County, California. Character - defining exterior features of the Stauffer House that should be preserved include, but may not be limited to, exterior materials, massing, original windows where extant, and front porch configuration. 1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept of the interior, 1991. Office of Historic Preservation. Instructions for Recording Historical Resources." Sacramento: March 1995. Pleasants, Mrs. J. E. History of Orange County. California. volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Alison Honer Dies at 84," The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange County Register, September 15, 1981. History of Floral Park." http.l Avww.floral- nark.com/oage2.html. Santa Ana and Orange County Directories, 1937 -1978. Page 4 of 4 DPR 523L 25C -10 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement") is made and entered into this November 7, 2011 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Nicola Fleming (hereinafter referred to as "Owner "), owner of real property located at 2109 North Heliotrope Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into contracts with Owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2109 North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. EXHIBIT 3 -1- 25C -11 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 7, 2011, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25C -12 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. C. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25C -13 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 %z) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25C -14 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Property, located at 2109 North Heliotrope Drive, Assessor Parcel Number, 002 - 081 -28, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owners hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owners shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Nicola Fleming 2109 North Heliotrope Drive Santa Ana, CA 92706 -5- 25C -15 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25C-16 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: APPROVED AS TO FORM: JOE STRAKA Interim City Attorney By: Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA Paul Walters Interim City Manager -7- 25C-17 Nicola Fleming 25C -18 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A TR 1035 LOT 8 BLK A N 27 FT THEREOF(LOT 9 BLK A S63 FT THEREOF Assessor's Parcel Number: 002 - 081 -28 -8- 25C -19 25C -20 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25C -21 MILLS ACT AGREEMENT 2109 North Heliotrope Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- 25C -22 MILLSACTAGJWEEMEwW 2109 Nsrg His Drlvs Sao& Ar mr CA 927" Exhibit C (photosraphs attached) 2109 NORTH HELIOTROPE DRIVE PHOTO LOCATION MAP HELIOTROPE 90.00 • 1 I I I 130.75 I I I I I � I I I I I I I I I I I I I ■ NORTH -12- 25C -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011 -05 FOR THE PROPERTY LOCATED AT 1901 NORTH HELIOTROPE DRIVE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" 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 Maximilian Eamon Garces and Kimberly Hagan, property owners, for the structure located at 1901 North Heliotrope Drive subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Maximilian Eamon Garces and Kimberly Hagan, property owners, for the structure located at 1901 North Heliotrope Drive subject to non - substantive changes approved by the City Manager and City Attorney at its October 6, 2011 meeting by a vote of 5:0 (O'Callaghan abstained; Rogers and Yrarrazaval absent). DISCUSSION After the public hearing on October 6, 2011, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25D -1 HPP Agreement No. 2011 -05 November 7, 2011 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $115 to $576 annually, for a period of not less than ten years. Jay revino Executive Director Planning & Building Agency HS:rb hs \historic info\mills act agreements \1901_N_Heliotrope\hppa11 -05.cc APPROVED AS TO FUNDS AND ACCOUNTS: - i Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: A. Historic Resources Commission Staff Report 25D -2 REQUEST FOR HistDm Resources Commission Action HISTORIC MMOURCESCOMMIS " NEE M DAM OCTOBER 6, 2011 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011 -05 FOR THE PROPERTY LOCATED AT 1901 NORTH HELIOTROPE DRIVE Prepared by Hally Soboleske Ex cutive Director RECOMMENDED ACTION APPROVED • As Recommended • As Amended ❑ Set Public Hearing For CONTINUED TO Planning Manager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Maximilian Eamon Garces and Kimberly Hagan, property owners, for the structure located at 1901 North Heliotrope Drive subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Maximilian Eamon Garces and Kimberly Hagan, request the approval of Historic Property Preservation Agreement No. 2011 -05 (Mills Act) between the property owners and the City of Santa Ana. Property Description The subject property includes a Tudor Revival styled residence located at 1901 North Heliotrope Drive and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. Exhibit A C 25D -3 HPPA No. 2011 -05 October 6, 2011 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Hall- Knickerbocker House and categorized as Key this evening on October 6, 2011 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. H-aily-Sobole4ke Associate nner HS:jm hslhistoric infolmills act agreements\ 1901_N_Heliotropelhppa11- 05.hrc Attachments: Exhibit 1 - Radius Map Exhibit 2 - Executive Summary Exhibit 3 - Mills Act Agreement 2501-4 HPPA- 2011 -05 1901 N. Heliotrope Drive PLANNING AND BUILDING AGENCY EXHUNT 1 25D -5 MaimF z d ., �+�wa 3"k �g j! tM al Mom 1 HPPA- 2011 -05 1901 N. Heliotrope Drive PLANNING AND BUILDING AGENCY EXHUNT 1 25D -5 o EXECUTIVE SUMMARY Hall- Knickerbocker House 1901 N. Heliotrope Drive Santa Ana, CA 92706 NAME Hall- Knickerbocker House REF. NO. ADDRESS 1901 North Heliotrope Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I NIA NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1 3 CALIFORNIA REGISTER STATUS CODE I 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half - timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARYICONCLUSION: The Hall- Knickerbocker House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Key' because it "has a distinctive architectural style and quality" as an example of the Tudor Revival style (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page t of 4 25D -7 State of CaNlsrnia — The Resources Aqwwy Prh"wy / DEPARTIWNIT OF PAR" AND R1CRIBATION HMO PRIMARY RECORD T ww rAbn Cod. Other uewroe Revbw Code Reviewer Date Pape ,L of AL Resource name(s) or nwober (assigned by M=dw) hieMikkarbocker l bust P1. Other Identifier: •P2. Location: QNot for Pubbcalon anUnrestricled •a. County Orange County 'b. USGS TX Quad TCA1725 Dab: 'c. Address 1801 Norton Heliotrope Drk+e City Santa Arno Zip 82706 's. Other Locstio»al Data: Assessor's Parcel Number 002- 001 -20 'P3a. Description: (E)swft msouroa and Ns maW "moo ie. hwkWb d"pn, ma offs, csort 0fim. aNemftm, sine, ssttlnp, and boundaries.) BOW in 1830, Mtis Tudor Revival hoe vw.s nearly c&Wbf ty rc<t At in 2008 -2010 by No Gwen hrrrily. Sheathed in stu000 lash R Is topped by treated wood shlrgtes. The roof has very Mile owrhanq. Three dt mwp can be assn on tote roogibe; however one is a stucco clod Aux dtinwrey to hl* roof p*ft The two offma we nwdo of brick MM ehborafe dsaniiinf►► and c hin nsy pots, and are lknM w kipped with wrought iron d* wwy c4Ps. The !rant elevation is camas• gabled war Moe hanf hcNV bay Sbsi y P#dwd. ANIOUph barely vdsibh In the photo below. NO boot sisvaMon oho possesses typkel Tudor hW tlrreberiny on tone well near to front door to the souK but weel4volrtp portion of Mrs /runt eleveMat. Also as is conslshrrt vAh Tudor Revival sty ,ere windows are composed of wood artd are (xN and narrow, and most are casement with wood tens. The !rant hdrr8 window on On prokxXV bay is bowtMe wO a oenhr trod wkxbw and fwo WOW -ipht casements on sdhar Me and a bansom abrp Mae bp. The veer a evefibn is wry arkxdabd and has a conefevered LVW stay. The horns is surrounded by a kw brick pony wed of As hunt and souMt side and be rear is surrounded by a brick we# wlih rwoupht Man above. There is a swkr mkV pod in Me rear yard, as wet as a dahched two car parape. "P3b. Resource Attributes: gist *W buses and oocles) W2. SMtph"un Ay Property •P4. Resources Present: ■8dlding OSbucture 00b0d OSRe O[Jistrict OE*nwg of Diebict Dother krtensW Survey UpdWe 'P11. Report (2hallon: (CM sunray rugs! and oftr saam, or enter -ham -) Norte. PSI. Photo: (vhrw and dab) (Meat hdnQ elsvefon 2011 -Pi. Date ConabucloWApe and Sources: 0**xk 183WC*y of Santa Ana lluiklirp PsnNts 'PT. Owner and Address: AhxinriNiwr Earns( l wo" and Onbody maw 1801 N. Mellobape Dare Santa Agra, CA 82706 -ft Recorded by kWy Sobohske 20 Civic Conner Phza Sarah Ana, CA 82702 'P!. Data Recorded: Soptrrsber 14, 2011 'Pi 0. survey Type: ■ r ,s ■.� wa. �a • �w, •. d, , -wr ■:t' +B'w ws`. DPR a23A (t" Pep 2 of 4 25D -8 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 'Kesource name or if: Han- KnicKemocKer House B1. Historic Name: Hall - Knickerbocker House B2. Common Name: Same B3. Original Use: Single - family Residence *135. Architectural Style: Tudor Revival B4. Present Use: Single - family Residence *86. Construction History: (Construction date, alterations, and date of alterations): Constructed 1930 September 29, 2011. Residence and garage. $12,000. April 4, 1933. Rebuild chimney. April 15, 1935. Addition. July 3, 1945. One fixture for Ed Hall. April 21, 1948. Termite work. December 5, 1951. 5 outlets for Mr. Knickerbocker. April 25, 1962. Swimming pool. July 5, 1966. New windows and remove wall and add beam. *137. Moved? ■No ❑Yes I7Unknown Date: Original Location: *88. Related Features: None. B9a. Architect: Unknown b. Builder: Ball & Honer *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single- family Residence Applicable Criteria: CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Hall- Knickerbocker House is architecturally significant as a Tudor Revival style of architecture in the Floral Park neighborhood. it was constructed in 1930 by prolific builders, Ball and Honer as a speculative venture, and the first occupants were Harold Edward and Margaret Hall. Mr. Hall was a rancher born in Virginia in 1909, but by 1920 lived in California with his mother Josephine and father Hugh. The Halls sold the home in 1952 to Clarence Barrett Knickerbocker and his wife Frances. Mr. Knickerbocker owned an auto shop located at 1118 North Main Street where he gave himself the title of CEO and his wife was listed as president of the company. Mr. Knickerbocker was born in California, and graduated from the University of Southern California with a degree in economics. They lived in the home until the late 1960's. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *1314. Evaluator: Hally Soboleske *Date of Evaluation: September 14, 2011 (This space reserved for official comments.) Sketch Map -- North Heliotrope Dr. 1 -1N6 iratrr � Page 3 of 4 DPR 523B (1195) *Required information ul State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Hall- Knickerbocker House 'Recorded by Hally Soboleske "Date September 14, 2011 0 Continuation 13 Update *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Hill- Knickerbocker House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s, Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco- styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881 - 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War II years, Floral Park continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Hall- Knickerbocker House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as Key' because it of its distinctive architectural style and quality of architecture. Character - defining exterior features of the Hall - Knickerbocker House that should be preserved include, but may not be limited to, exterior materials, massing, window style, and half - timbering. 1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Pleasants, Mrs. J. E. History of Orange County. California. volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Alison Honer Dies at 84," The Santa Ana Journal. September 21, 1981. "Builder of Honer Plaza Dies," Orange County Resister. September 15, 1981. History of Floral Park." http:/ /www.floral- park.com/paae2.htmi. Santa Ana and Orange County Directories, 1937 -1978. DPR 523L Page 4 of 4 25D -10 MILLS ACT AGREEMENT 1901 North Heliotrope Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 7, 2011 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Maximilian Eamon Garces and Kimberly Hagan (hereinafter referred to as "Owners "), owners of real property located at 1901 North Heliotrope Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into contracts with Owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owners possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1901 North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owners, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new EXHIBIT 3 -1- 25D -11 MILLS ACT AGREEMENT 1901 North Heliotrope Drive Santa Ana, CA 92706 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. The Owners and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owners of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 7, 2011, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25D -12 MILLS ACT AGREEMENT 1901 North Heliotrope Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character- defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25D -13 MILLS ACT AGREEMENT 1901 North Heliotrope Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 %Z) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25D -14 MILLS ACT AGREEMENT 1901 North Heliotrope Drive Santa Ana, CA 92706 the City of any.breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Property, located at 1901 North Heliotrope Drive, Assessor Parcel Number, 002 - 091 -16, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owners hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owners shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Maximilian Eamon Garces and Kimberly Hagan 1901 North Heliotrope Drive Santa Ana, CA 92706 -5- 25D -15 MILLS ACT AGREEMENT 1901 North Heliotrope Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25D-16 MILLS ACT AGREEMENT 1901 North Heliotrope Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (b) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOE STRAKA Interim City Attorney By: Ryan O. Hodge Assistant City Attorney Paul Walters Interim City Manager Lo -7- 25D-17 Maximilian Eamon Garces Kimberly Hagan w 9 -9 tooe MILLS ACT AGREEMENT 1901 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A TR 748 LOT 10(SEC 1 T 5 R10 LOT 18 X 155 FT Assessor's Parcel Number: 002 - 091 -16 -8- 25D -19 25D -20 MILLS ACT AGREEMENT 1901 North Heliotrope Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25D -21 MILLS ACT AGREEMENT 1901 North Heliotrope Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - to - 25D -22 MILLSACTAGEEEMENT 1 MI Nark HAWro" DnW Saes Ana, C.! !2706 Exhibit C (phoWpVhs attached) -It- 25D-23 1901 NORTH HELIOTROPE DRIVE PHOTO LOCATION MAP 1 9 T T A S T R E E T HELIOTROPE 51.77 • 1 • I 1 I I 1 I I 1 I � 1 144.84 • I I I 1 I I 1 I I I 1 I NORTH -12- 25D-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: AGREEMENT WITH ICLEI FOR BASELINE GREENHOUSE GAS EMISSIONS INVENTORY AND CLIMATE ACTION PLAN (GRANT FUNDED) / 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 Authorize the City Manager and Clerk of the Council to execute an agreement with ICLEI — Local Governments for Sustainability USA, subject to nonsubstantive changes approved by the City Manager and City Attorney for a greenhouse gas emissions inventory and a climate action plan in an amount not to exceed $265,860 ($210,005 in grant/partnership funding and $55,855 in city matching funds). DISCUSSION The California Public Utilities Commission (CPUC) recently made Local Government Strategic Plan funding available to those cities with an Energy Efficiency Partnership with Southern California Edison (SCE). The grant is used to advance the goals found in the CPUC's Long -Term Energy Efficiency Strategic Plan. On June 20, 2011, the City approved a contract with SCE and recognized grant funds in the amount of $729,928 for the completion of various tasks that include a baseline greenhouse gas emissions inventory and an energy chapter in a climate action plan (CAP). The Santa Ana Energy Leader Partnership (Partnership) with SCE has also committed funds towards completion of these tasks. The project funding is limited to development of a governmental and community greenhouse gas (GHG) baseline inventory and an energy chapter, a significant component of a climate action plan. Staff recommends expanding the scope to include transportation and land use, planning /building standards, water conservation and solid waste to complete the climate action plan. The cost to the City for these additional elements is $55,855 to be paid with non - general fund monies. 25E -1 Agreement with ICLEI for Baseline Greenhouse Gas Emissions Inventory and Climate Action Plan November 7, 2011 Page 2 At the August 1, 2011 Council meeting, staff received authorization to issue a Request for Proposals for the Baseline Greenhouse Gas Emissions Inventory and Climate Action Plan. The RFPs were issued on August 9, 2011. Below is a summary of the proposals solicited, and those received: 29 Requests for Proposals mailed 0 Requests for Proposals mailed to Santa Ana vendors 10 Proposals received 0 Proposals received from Santa Ana vendors The ratings and proposed costs for the top four proposals received are as follows: RESPONSIVE BIDDER RATING GRANT/ PARTNERSHIP COST CITY COST TOTAL COST ICLEI 93 $210,005 $55,855 $265,860 Raimi & Associates 84 $150,721 $68,079 $218,800 KEMA Services, Inc. 83 $232,796 $68,860 $301,656 TRC 74 1 $129,945 1 $60,941 $190,886 The proposal evaluations and subsequent interviews were conducted by a team from the Public Works, and Planning & Building Agencies, and the City's energy consultants. The proposing consultants were evaluated according to their experience, past performance, responsiveness, and cost. ICLEI received the highest average score of 93 and staff recommends that ICLEI be retained for these services. ICLEI developed the protocol and software for reporting GHG emissions for cities and has prepared inventories for over 60 local governments in California. ICLEI's approach in developing a CAP was the most comprehensive and included an excellent outreach strategy to keep the public and stakeholders informed and involved. Workshops will be held to receive input from the public, City Council, committees, and staff. The agreement term ending October 15, 2012 generally coincides with the current SCE grant period which extends through November 30, 2012. This is a short timeframe for completion of these tasks, however, it is probable that SCE will extend the grant period for an additional year. This would allow more time for completion of the tasks. Should that occur, this agreement will be extended to generally coincide with the revised grant- ending date with no additional funding. 25E -2 Agreement with ICLEI for Baseline Greenhouse Gas Emissions Inventory and Climate Action Plan November 7, 2011 Page 3 FISCAL IMPACT A not -to- exceed allocation of $210,005 has been approved through a combination of the Strategic Plan Strategies and Partnership funding. These costs will be reimbursed to the City by SCE. Funds for the additional chapters of the CAP in the amount of $55,855 are budgeted in the Public Works Administration activity for Contract Services - Professional accounts (accounting unit 10117601- 62300). OtA02A Raul Godinez I Executive Direc r Public Works Agency RG /CK Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Alwu,s,�� Francisco Gutierrez Executive Director Finance & Management Services Agency 25E -3 25E -4 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7th day of November, 2011 by and between ICLEI — Local Governments for Sustainability USA, a non - profit organization, (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 technical consultant having special skill and knowledge in the field of greenhouse gas inventory and climate action plan 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 develop a comprehensive greenhouse gas (GHG) inventory for both the Community and Municipal Operations and a Climate Action Plan (CAP) for the City. The CAP will focus on energy efficiency, transportation and land use, planning/building standards, water, and solid waste. The CAP will provide cost - effective, sustainable solutions to reduce the City's environmental footprint. Consultant shall provide all required data to meet the reporting requirements arising from the SCE California Energy Efficiency Strategic Plan Implementation Contract between City and Southern California Edison and perform those services as set forth in Exhibit A, Project Approach and Scope of Work and Exhibit B, Project Schedule, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the deliverable fees identified in Exhibit C, Fee Schedule. The total sum to be expended under this Agreement shall not exceed $265,860 during the term of this Agreement. Funding for this project is subject to the continued funding under the California Energy Efficiency Strategic Planning Implementation Contract with the City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing milestones and deliverables completed, 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. WORK PRODUCT Consultant represents and warrants the Consultant's contribution to the GHG Inventory and Climate Action Plan, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any 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 information systems, as agreed between the Project Manager and Consultant. 2k-5 In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior approval of 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, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. TERM This Agreement shall commence on the date first written above and terminate on October 15, 2012, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Public Works Agency and the City Attorney. 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. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s) with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured; (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; (c) contain standard separation of insureds provisions; and (d) provide to the additional insured, 30 -day notice of cancellation or reduction in coverage. 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. 25E-6 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. section: e. The following requirements apply to the insurance to be provided by Consultant pursuant to this (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. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the 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. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 2sE-7 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the 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 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 Consultant: ICLEI — Local Governments for Sustainability USA 436 14th Street, Suite 1520 Oakland, CA 94612 telefacsimile (510) 844 -0698 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 2st-s 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon forty -five (45) 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. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. 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. 25E-9 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney Bv: Laura Sheedy Assistant City Attorney APPROVED AS TO CONTENT: RAUL GODINEZ II Executive Director of the Public Works Agency CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager ICLEI — LOCAL GOVERNMENTS FOR SUSTAINABILITY USA (NAME) (Title) Tax ID# 25� -10 EXHIBIT A PROJECT APPROACH AND SCOPE OF WORK Project Approach The ICLEI team recognizes that the City wishes to take a comprehensive approach in mitigating climate change in both its own operations and across the community of Santa Ana. While funding has been secured only for the emissions inventory, forecast, and energy component of the CAP, we have fashioned an approach that will utilize available Southern California Edison (SCE) funding to minimize the cost of building out other sectors of the CAP, by creating templates and processes that will apply to all sectors. SCE - funded work is described as the Core Scope, while CAP development for non - energy sectors is described as the Enhanced Scope. The project will take place in two phases, with ICLEI providing project management and team coordination throughout. Phase 1 includes the GHG inventory and forecast and will be led by AECOM, while ICLEI will lead Phase 2, which includes target- setting and development of the CAP, associated implementation strategy, and materials related to emissions monitoring. This process aligns with ICLEI's internationally recognized planning framework for greenhouse gas management and reduction, the Five Milestones of Climate Mitigation, illustrated below. The scope of this project will take Santa Ana through the first three milestones: GHG inventory and forecast; target- setting; and Climate Action Plan development. The project will also set up the City for success in Milestones 4 and 5 by creating an implementation and monitoring strategy, as well as an Annual Monitoring Report template. The GHG inventory is a critical first step in effectively managing emissions from government operations and community activities. The inventory and forecast will be prepared by AECOM, using the most current standards embraced by State agencies and with support from ICLEI. An accurate inventory and forecast are essential to consistently measuring emissions over time and documenting the outcomes of the City's climate mitigation activities. Collectively, AECOM and ICLEI have assisted nearly 100 local governments in California in preparing GHG emissions inventories and forecasts, and, working with its partners, ICLEI literally "wrote the book" on inventory methodologies in the Local Government Operations Protocol and forthcoming Community Protocol. Milestone 1 4e lnkentot} Emissions N Milestone 5 Milestone 2 lonitor,'Evaluate Establish Target Pmgress % I Milestone 4 Milestone 3 Implement Climate Mvelop Climate Action Plan Action Plan Building on the inventory and forecast, ICLEI will lead the development of emissions targets, the Climate Action Plan, the implementation and monitoring strategy, and the monitoring report template. The ICLEI team has established the following objectives for the CAP development process and the completed plan: 25� -11 • Elicit meaningful participation from stakeholders, City employees, and local leaders; • Accurately account for the full emissions reductions that can be defensibly credited to the City as a result of actions it is already pursuing; • Consider the full range of potential emissions reduction measures under City control or influence; • Identify the most reasonable and effective GHG reduction measures, including thorough consideration of cost - effectiveness and return on investment. • Quantitatively demonstrate achievement of GHG reduction targets and compliance with existing regulations, while ensuring that the plan is "future- proofed" by making an effort to reasonably anticipate known regulatory changes that may be on the horizon; • Provide clear guidance to City staff and stakeholders on how to implement the plan —a road map to success that engages partner agencies, businesses, the development community, and residents in partnering with the City to achieve the shared vision of a sustainable Santa Ana. Policy development will be focused on activities over which the City has the greatest control and that have the greatest emission reduction potential. Many of these programs will have over - arching environmental and socio- economic co- benefits and will relate to other City programs or to policies in the General Plan. Policy topics that may be applicable to the City under the Core Scope include (but are not limited to): • Energy efficiency and green building retrofits in existing municipal facilities • Energy efficiency standards and green building incentives for private projects • Energy performance standards for new development; • Retrofit programs for existing buildings in the community; • Renewable energy programs and incentives; Measures that may be applicable under the Enhanced Scope include (but are not limited to): • Land use tools to reduce vehicle miles travelled (VMT); • Development of bicycle and pedestrian infrastructure; • Transportation demand management strategies for local businesses; • Waste diversion and zero -waste programs; • Water conservation and reuse strategies; • Public education programs that promote behavior change. We will work with the City to refine existing practices and policies and develop strategies and measures appropriate for inclusion in the CAP to achieve consistency with AB 32, SB 97, and SB 375. The CAP will be developed through the following process, as outlined in the City's RFP and supplemented by our experience working on CAPs in diverse jurisdictions: 25Ef-12 Determine preliminary strategies and measures to reduce GHG emissions, and criteria by which to evaluate potential measures; • Evaluate the emissions reduction and cost - effectiveness of GHG emission reduction measures, and recommend a suite of measures that meets the criteria and the emissions reduction targets; Prepare an implementation strategy for the CAP detailing costs, funding sources, timelines, and progress indicators for each measure; • Establish a GHG reduction monitoring and verification system to track GHG reduction progress over time for each measure. • Ensure compliance with provisions of State CEQA Guidelines Section 15183.5 regarding tiering future environmental documents from the CAP; • Facilitate a meaningful community outreach and public involvement process This approach is consistent with the methodology ICLEI team members have employed or are employing in the preparation of CAPs throughout California and the nation. These items will be developed through a collaborative process among project team members and City staff. In addition to the project team and City staff, stakeholders from diverse sectors of the community will be engaged throughout the project to provide input on emissions goals, potential measures, and the Draft CAP. The stakeholder engagement effort will be led by Global Green, which has substantial experience facilitating public processes for sustainability. Global Green recognizes that effective stakeholder outreach requires both knowledge of group interaction and facilitation, and expertise in the subject area. Over the past decade, Global Green has developed an integrated approach to outreach that is based on listening, engagement, and collaboration (asking the community to help decide what will happen), that has proven to be highly effective and more engaging than traditional linear approaches that focus on informing or educating the public (letting the community know what is going to happen). Key aspects to the Global Green approach are: Enable inclusiveness and diversity. We believe that the best ideas emerge from groups with diverse viewpoints. We devote significant time to identifying what groups, organizations, and individuals should be included in the outreach process in order to enable the greatest possible creativity and synergy once the process is underway. Start early and stay the course. The outreach process should begin early so that participants are able to develop a strong connection to the project and suggested outcomes. Outreach should also be structured to take place through the course of the project, so that input can be provided incrementally at each phase. Provide a clear structure and sequence. We believe that participants are best able to focus their participation when there is a clear structure, expectations, and a logical sequence to the outreach process. We have designed a process that will ensure the goals of the project are met, decisions about approach or direction are obtained at the appropriate time, and the participants are able to identify how their involvement has influenced the outcomes and suggested actions. Providing a clear description of the stages and purpose of the outreach also assists in maintaining involvement by the stakeholders over the course of the project. 25E�-13 Offer multiple methods of participation. We recognize that different people respond to different formats and group dynamics. To ensure that all attendees are best able to participate we will use a variety of formats such as the World Cafe discussion approach of 4 -5 person tables, break out groups, full -group presentations, and priority voting exercises. Through combining the results of the different methods, we are able to identify themes and priorities that can then direct future work stages. Global Green will lead a stakeholder engagement approach that puts these principles into practice, featuring the following groups and formats: • Community Stakeholder Workshops: Three events over the course of the project, allowing stakeholders identified from a wide variety of sectors to provide input at key steps in the project. • Internal Working Group: Three meetings over the course of the project, in which key stakeholders from relevant City departments will provide both technical and process guidance. • Targeted Stakeholder Meetings: Up to six meetings with individual stakeholders who are critical to the success of Santa Ana's climate mitigation efforts. • City Council Meetings: One study session to provide an opportunity for guidance in identifying and evaluating CAP measures, and one formal hearing to consider adoption of the CAP. In conclusion, the ICLEI team is enthusiastic about making the Santa Ana inventory and CAP a success in meeting the City's objectives. We recognize there are many motivations at work in pursuing climate mitigation — including regulatory compliance, fiscal benefits, the drive of leadership, and simple ethical responsibility —and we are adept at fashioning processes and plans that harness these motivations to create exemplary outcomes. The following sections of this proposal detail how those outcomes will be brought about in the City of Santa Ana. SCOPE OF WORK The methodology and scope of work presented here is designed to meet the needs of the City by implementing the Project Approach outlined above. The methodology unfolds in two phases: Phase 1 includes development of the all- sector GHG emissions inventory and forecasts, and Phase 2 includes development of the emissions targets and the Climate Action Plan (CAP) and associated implementation strategy. Stakeholder engagement is interwoven into all phases of the project, but is called out separately under Task 8. The following section outlines the recommended workplan for executing the project, with specific attention to tasks and team responsibilities in each phase. Phase 1: Develop Greenhouse Gas Emissions Inventory and Forecast The primary deliverables for this phase will be the GHG emissions inventory and forecast for both government operations and the community, along with associated data files. A baseline GHG inventory and the associated emission projections form the foundation on which the CAP's GHG reduction target is established and reduction measures are evaluated. Therefore, establishing an accurate, transparent, and useful baseline GHG inventory is key to developing a successful CAP. 25t° 14 AECOM will lead the execution of the inventory and forecast, with additional technical support from ICLEI. Fehr and Peers will perform data collection and contribute to emissions analysis for the transportation sector. The inventory and forecast methodology will follow the most current and widely- accepted standards. For government operations emissions, the inventory will comply with the Local Government Operations Protocol (LGO Protocol), which was developed in 2008 through a partnership between ICLEI, the California Air Resources Board, the California Climate Action Registry, and The Climate Registry. For community -scale emissions, the inventory will rely on current best practices in California and will be informed by guidance from the California Air Resources Board, the California Attorney General's Office, the Association of Environmental Professionals, and the South Coast Air Quality Management District. Analysis will also be performed to align the community -scale inventory with guidance coming out of ICLEI's Community Protocol development process. The Community Protocol is scheduled for release in 1St Quarter 2012, so while the final document may not be available upon initiation of the inventory, ICLEI will communicate the guidance that is likely to be included in the Protocol. Task L GHG Emissions Inventory The GHG emissions inventory will be developed through the following subtasks. Subtask 1a. Identify Baseline Year AECOM will assist the City in identifying an industry- standard base year that allows for assembly of a complete data set, while also allowing significant recent actions to be demonstrated against the baseline. The identification of a reasonable baseline year will require consideration of data availability from all key data sources, as well as local considerations. AECOM will work with City staff to identify and contact required data providers, develop an understanding of the availability and limitations of data sources, and explore possible operational changes which may have occurred in the recent past which would affect the relevance of historical data. Subtask 1b. Identify Data Sources and Collect Data Through meetings with key departmental staff, AECOM will identify the data needs and expected sources for the government operations and community inventories. Data needs and expected sources will be determined using the above - referenced standards as a guide. In cases where primary data sources are incomplete, secondary sources may be used to augment or substitute for primary data sources. During this stage, Fehr and Peers will generate VMT data for use in determining community -wide transportation emissions, utilizing the Orange County Transportation Authority Travel Demand Model (OCTAM) to ensure that vehicle miles travelled (VMT) is accurately accounted for and attributed only to travel related to the Santa Ana community. In addition to the required data for determining emissions, a variety of indicator data will also be collected for benchmarking purposes. This may include such indicators as square footage of buildings and government facilities, number of full time - equivalent employees, community population and employment, or economic activity, enabling additional levels of data analysis and future comparability. This information may also be used in setting the emission reduction target, if an efficiency -based target is desired and determined appropriate for Santa Ana. 25t' -15 Subtask 1c. Analyze and Report Emissions Data AECOM will utilize ICLEI's CACP software and other industry- leading tools to analyze emissions. As part of the emissions analysis task, AECOM will perform a quality control analysis to ensure that quality, reliable data is provided to the city. Results will be presented in a technical memorandum that describes emissions by source, scope, and sector, and describes the inventory methodology. A draft report will be provided to the City on the baseline GHG inventory including the energy savings analysis for the baseline GHG for both the Community and Municipal Operations. The team will review the findings with City staff and develop a Powerpoint presentation of the inventory results for use in meetings and workshops. Task 1 Work Products • Assessment and Planning Report as outlined by SCE for conducting the baseline GHG including the energy savings analysis for the baseline GHG emissions for both the community and municipal operations. • Technical memorandum describing GHG inventory results • Workbook of supporting data • Draft report on the baseline GHG inventory and energy savings analysis • Powerpoint presentation summarizing inventory results Task 2. GHG Emissions Forecast A business -as -usual forecast is critical in determining realistic emissions reduction targets and the extent of measures necessary to achieve them. AECOM will lead the development of emissions forecasts for multiple horizon years, with technical input from ICLEI. Fehr and Peers will lead the development of the transportation - related emissions forecast, ensuring comparability with techniques utilized in modeling the Orange County Sustainable Communities Strategy (OC SCS). Within this task, AECOM will estimate projected municipal and community -scale emissions for recommended horizon years of 2020 and 2035. AECOM will forecast the City's and community's projected emissions using historical trends and future growth projections. To develop an accurate projection of GHG emissions, AECOM recommends evaluating each emissions sector and selecting the best indicator to project future emissions for that sector individually. Sources of information on projected and historical growth and consumption trends that may be relied upon to develop emissions projections could include, but are not limited to, land use data from the General Plan, demographic data from the California Department of Finance, consumption data and forecasts from Southern California Edison and Southern California Gas Company, the Energy Information Administration (U.S. Department of Energy), and vehicle travel activity data from the traffic model. For the government operations inventory, AECOM will work with departmental staff to gather information on projected changes to government operations, such as new facilities, growth in fleet size, and other key data that would affect the inventory. Emissions forecasts will also take into account the foreseeable changes to the regulatory and technological environments affecting GHG emissions (e.g., Renewable Portfolio Standards, California Green Building Code standards, and Pavley vehicle emission control standards). Without accounting for these factors, future GHG emissions could be overestimated, which in turn would overstate the CAP's GHG reduction potential. 25ff- 16 Task 2 Work Products • Technical memorandum describing GHG forecast and assumptions for 2020 and 2035 • Workbook of supporting data Phase 2: Develop Emissions Reduction Targets, Climate Action Plan, Implementation Strategy, and Monitoring Materials ICLEI will lead the development of targets, the Climate Action Plan, the associated implementation strategy, and monitoring documents in the second phase of the project, with support from AECOM, Global Green, and Fehr and Peers. While funding has been secured for target- setting and the energy component of the CAP (Phase 2A, Core Scope), funds may not be available to address land use, transportation, water, and solid waste in the CAP (Phase 26, Enhanced Scope). While the ICLEI team recognizes this delineation and the uncertainty around it, we strongly recommend taking a comprehensive approach to climate action planning if feasible. Because the fundamental process of CAP development is similar regardless of which sectors are included, this section lays out a work plan that assumes an all- sector approach, and if only Phase 2A -Core Scope is funded, the general methodology will not change significantly. The process of developing a CAP involves several key tasks, including the quantification of existing local measures, establishing an emissions reduction target, facilitating public outreach and engagement in a multi - stakeholder dialogue, and developing a formal, written climate action plan for adoption. In addition to these identified tasks, AECOM will play an advisory role throughout development of the CAP regarding successful strategies for meeting the following regulatory requirements of a plan for the reduction of greenhouse gas emissions, as identified in State CEQA Guidelines Section 15183.5(b)(1): (A) Quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; (B) Establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable; (C) Identify and analyze the greenhouse gas emissions resulting from specific actions or categories of actions anticipated within the geographic area; (D) Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project -by- project basis, would collectively achieve the specified emissions level; (E) Establish a mechanism to monitor the plan's progress toward achieving the level and to require amendment if the plan is not achieving specified levels; and (F) Be adopted in a public process following environmental review. AECOM will anticipate these requirements and ensure they are addressed within the overall design and organization of the CAP. 25317 Phase 2 tasks are described in more detail below. Task 3. Quantify Emissions Reduction Potential from Existing Measures Understanding the impact of existing measures and programs is necessary to inform the development of both the emissions reduction target and the CAP. Santa Ana has undertaken a variety of projects that have reduced emissions below "business as usual' in the past several years, including: • $3.2 million in ARRA- funded energy efficiency upgrades and retrofits; • Fee waivers and free engineering reviews for community solar energy projects; • Planning for a streetcar line from the regional transit hub to Downtown Santa Ana; • Contribution to the Orange County Sustainable Communities Strategy, as a member agency of the Orange County Council of Governments; • Installation of more efficient pumps in the potable water distribution system; • Collection of residential green waste and production of composting workshops. ICLEI will work with key City staff to identify actions implemented by the city that have created reductions in both government operations and community -scale emissions since the baseline year. ICLEI will quantify the effects of each measure in terms of emissions and, where relevant, cost savings. It is our understanding that this task is to be included in the Core Scope. Task 3 Work Products • Prepare an Assessment and Planning Report as outlined by SCE for the development of an energy efficiency chapter in the Climate Action Plan for the community and municipal operations. • Technical memorandum describing emissions reductions from existing measures. Task 4. Evaluate and Recommend Emissions Reduction Targets As part of the Core Scope, ICLEI will evaluate emissions targets for both government operations and community -wide emissions, and recommend targets for consideration by City staff and community stakeholders. Targets will be developed for each of the forecast years established in Task 2, recommended as 2020 and 2035. Recommendations will be consistent with guidance offered in the ARB AB 32 Scoping Plan, the State CEQA Guidelines, and other guidance forthcoming from the California Air Resources Board (ARB), SCAQMD, OCTA or other sources. Other considerations will include baseline emissions, forecasted emissions, targets established by peer communities, effects of existing quantifiable measures at the local level, initial estimates of reductions from potential CAP measures, and the local stakeholder context. The ICLEI team will begin stakeholder engagement in concert with target- setting activities, as described in detail under Task 8- Stakeholder Engagement. ICLEI will prepare a technical memorandum with target recommendations and supporting analysis for City staff consideration. The agreed upon targets will be included in the CAP to guide consideration of emissions reduction measures. 25E 4A8 Task 4 Work Products • Memorandum describing target recommendations and supporting analysis. Task 5. Prepare Administrative Draft Climate Action Plan With support from all team members, ICLEI will lead the preparation of the Administrative Draft Climate Action Plan ( Admin Draft CAP), which is intended for City staff review and comment before preparation of the Public Review Draft CAP. The energy chapter of the CAP will be prepared as part of the Core Scope and will reflect goals and strategies included in the CPUC Energy Efficiency Strategic Plan, while other sectors would be addressed in the Enhanced Scope. The CAP will also refer to strategies identified in the AB 32 Scoping Plan, including green building standards, low carbon transportation fuels, and land use measures. This task represents the bulk of the work in Phase 2, and entails a number of subtasks described below, including: • Identification of measure evaluation criteria • Analysis of potential measures • Development of implementation strategies • Document production The organization and content of the CAP will be developed by ICLEI, while formatting and graphic design will be performed by AECOM. AECOM will extensively use graphics and tables to convey key concepts, and the graphic format and use of icons and tables will be established early with the city to ensure focused production. Partly due to their design, legibility, and usability, AECOM's CAPs have been recognized by the American Planning Association (Los Angeles and Northern California Sections) and the Southern California Association of Governments (SCAG) as award - winning and exemplar documents. Reviewing agencies, such as the Bay Area Air Quality Management District (BAAQMD), have also commented favorably on the presentation of rigorous and transparent methodologies, and accessibility and ease of use of the CAP documents. Stakeholders from both the community and City departments will be deeply engaged in developing the Admin Draft CAP. Stakeholder engagement occurs throughout the project and is described comprehensively later in this scope of work, under Task 8. Subtask 5a. Identify Measure Evaluation Criteria and Potential Measures Prior to performing an analysis of potential CAP measures, ICLEI will work City staff and stakeholders to identify measures for consideration, as well as key criteria by which to evaluate potential measures. ICLEI has identified emissions reduction and cost as two high - priority criteria for Santa Ana. ICLEI will recommend other key qualitative evaluation criteria, such as: • Identification of measure evaluation criteria • Co- benefits, such as job creation, public health, and climate adaptation; • Timeframe required to implement the action; • Degree of City jurisdiction or influence; • Political feasibility as measured by the degree of political support for an action within a community and strength of the elected leadership; 251519 • Technical feasibility as measured by presence of technical barriers such as the expertise available within the government or community to implement the action; • Availability of funding sources; • Support from implementing entities. A memorandum describing evaluation criteria and potential measures will be prepared for City staff prior to the analysis of measures in Subtask 5b. Subtask 5b. Analyze and Recommend Measures ICLEI will utilize its CAPPA software and other off -model tools to analyze the emissions reduction, cost of potential measures, and other qualitative criteria selected in subtask 5a. Emissions analysis methods will be consistent with best practices as provided in guidance documents by CAPCOA and ICLEI. A high -level economic analysis will be performed on each potential measure, utilizing place- specific variables such as energy and labor costs to describe a range of likely costs. Emissions reduction and cost will then be evaluated together to determine cost - effectiveness. ICLEI will lead the cost - effectiveness analysis with support from AECOM's sustainable economics team. As part of the analysis process, ICLEI will utilize its new online CAPPA tool to help staff and stakeholders visualize the impact of measures in a real -time setting, as described in more detail in Task 8- Stakeholder Engagement. Using the findings of this analysis, ICLEI will identify a recommended suite of measures that rate best on evaluation criteria and enable the City to reach the emissions reduction targets. A memorandum describing the recommended suite of measures will be prepared and discussed with City staff prior to inclusion in the Administrative Draft CAP. Subtask 5c. Develop Implementation and Monitoring Strategy and Annual Report Template In collaboration with the City, ICLEI will develop a strategy for implementation of the CAP. Components of the strategy will include, for each measure identified in the CAP: assigning responsibility to the appropriate City department or division; establishing a timeframe for action on next steps; providing cost estimates and potential funding sources; and identifying opportunities to leverage existing programs. The implementation strategy will also identify organizational and administrative structure approaches, such as formation of a standing Green or Climate Action Team to coordinate and report on implementation. Opportunities to revise or update regulatory mechanisms such as the zoning ordinance, subdivision ordinance, urban design standards, and the building code will be identified as applicable. The strategy will also include a recommended process for monitoring and reporting on the implementation of the plan and progress toward achieving the emissions reduction target. ICLEI will develop an Annual Report Template that will simplify the reporting process for the City, leveraging and customizing a similar template currently under development through the Statewide Energy Efficiency Collaborative; this document will be developed outside of the CAP document. ICLEI will develop a framework for monitoring the implementation of recommendations to reduce electricity consumption and GHG emissions. The implementation and monitoring strategy will be included as a section in the CAP. 16 25E -20 Subtask 5d. Document Production To ensure that the graphic style meets the City's needs, AECOM will present City staff up to 3 document style templates. Based on staff input, AECOM will work with City staff to determine the best model document for Santa Ana. The Administrative Draft and subsequent CAP documents will be prepared consistent with the selected template in content, format, and graphics. ICLEI recommends that the following sections be included in the CAP: executive summary; overview of existing green initiatives in Santa Ana; overview of potential climate impacts in Santa Ana; climate action planning process; summary of the inventory, forecast, and reduction targets; energy efficiency chapter; presentation of measures and related information; relationship to CEQA and the General Plan, standards for finding future projects consistent with the CAP, and an implementation and monitoring strategy. In addition, appendices will be included providing additional information on methodologies. ICLEI will seek to strike a balance in content development that is substantive but concise, relying heavily on charts, diagrams, and tables to convey key information. The energy efficiency chapter will contain the energy efficiency component of the final GHG forecast and the recommendations to reduce electricity consumption and GHG emissions that were accepted by city council. It will also include estimated reductions in GHG emissions and estimated energy savings from implementing existing energy efficiency related GHG mitigation programs and for all potential new energy related GHG mitigation measures. Upon completion, the document will be transmitted to City staff in electronic format for a review and comment period. Task 5 Work Products • Memorandum describing evaluation criteria and potential CAP measures; • Memorandum presenting analysis results and the suite of recommended CAP measures; • Draft Energy Efficiency Chapter in a CAP for both the community and municipal operations • Monitoring framework for the energy efficiency chapter in a CAP • Up to three (3) CAP document graphics templates • Administrative Draft Climate Action Plan, with implementation and monitoring strategy • Annual Report Template Task 6. Prepare and Present Public Review Draft Climate Action Plan Upon receipt of staff comments on the Administrative Draft CAP, ICLEI and AECOM will complete requested revisions and develop a Public Review Draft of the document. We assume that City staff will develop an appropriate distribution list, and circulate the Draft CAP to the public and applicable agencies, stakeholders and interest groups. ICLEI and Global Green will attend one public meeting to present the document and solicit comments. The ICLEI team recommends a public review period of at least 30 days, during which comments on the Draft CAP will be accepted. Task 6 Work Products • Public Review Draft Climate Action Plan 25t -21 Task 7. Prepare Final Climate Action Plan At the conclusion of the public review period on the Draft CAP, ICLEI will provide a brief summary characterization of the nature of public comments and proposed responses for staff consideration prior to preparing the Final CAP. We assume that no new information will be raised in the comments that require substantive revisions to the CAP. Following public review, ICLEI and AECOM will prepare a Final CAP that incorporates appropriate revisions to the text of the Draft CAP in response to public comments. Comment letters and public meeting transcripts related to comments on the Draft CAP will be packaged separately for the City to retain on file. ICLEI will work with City staff to develop a strategy for City Council adoption and release of the plan. ICLEI can provide sample and template Council resolutions, and ICLEI and Global Green will develop a presentation for the Final CAP for Council consideration. Upon adoption, ICLEI will provide templates for press releases and an informational brochure or fact sheet describing the plan to be used for promotional purposes. Task 7 Work Products • Report summarizing public comments and proposed responses and how stakeholder input was used to refine the energy chapter in the CAP. Final Climate Action Plan with an Energy Efficiency Chapter • Sample and template Council resolutions • Template press release • CAP information brochure or fact sheet Task 8. Stakeholder Engagement Global Green will have primary responsibility for the stakeholder outreach and engagement process, in close coordination with ICLEI. This task will be executed throughout the project, with stakeholder identification and outreach occurring primarily during the inventory and forecast phase, and direct engagement integrated into the target- setting and CAP development phase Subtask 8a. Stakeholder Identification During the initial inventory phase of the project, Global Green will coordinate with City staff to develop and refine a list of community stakeholders, including within the Spanish speaking community. The goal is to identify a broad group of residents, business owners, workers, property owners, institutions, and environmental advocates that should be informed about the project and ideally be active participants in the various engagement efforts. Global Green will also coordinate with City staff to identify key internal stakeholders (City staff) that should be involved in the Climate Action Plan development process. At a minimum, the staff team should include representatives from the City Manager's Office, Planning, Building, and Public Works functions. Subtask 8b. Community Stakeholder Meetings Global Green will organize three community meetings at key stages of the target- setting and CAP development. The first will be conducted during the target- setting phase and the second during the measures development component of the Plan. The third community event will be a Zs9-22 formal public meeting to present the Public Review Draft CAP and solicit comment during the public review period. The goals of each community stakeholder meeting are to inform the community of the current status of the project and what the next steps will be in the process, and to gain insight and direction on the focus, priorities, and administration of the plan at key stages. The first two community meetings will be interactive workshops and will use a combination of the World Cafe and Deliberative Dialogue facilitation techniques. World Cafe utilizes a small table format to encourage all participants to contribute. Deliberative Dialogue is an approach to gain a direction from a large group through preference surveys or sticker voting exercises. The workshops will be conducted in English with Spanish translation provided. Global Green staff member Ted Bardacke is also a fluent Spanish speaker and regularly conducts green building trainings in Spanish. ICLEI's online CAPPA tool will be utilized in Workshop 2 to help participants visualize the impact of various potential emissions reduction measures in real time. The tool calculates and illustrates the effect of emissions reduction measures in charts and graphs as the input is changed. This feature lends itself well to a "scenario planning" approach that enables workshop participants to weigh the benefits and tradeoffs of different climate mitigation approaches. Subtask 8c. Targeted Stakeholder Meetings To complement the larger community workshop approach, Global Green plans to conduct two clusters of targeted stakeholder meetings with key stakeholder groups such as the Chamber of Commerce, major property owners, key institutions, and other groups that may have specific and detailed issues that need to be discussed in a smaller format. These meetings will be conducted in a focus group format, with facilitation provided by Global Green staff. Global Green will conduct up to 3 meetings in each cluster. Subtask 8d. Internal Stakeholder Workshop and Meetings The internal stakeholder process will consist of an initial workshop following completion of the inventory. Two additional meetings will be conducted with the internal stakeholders through the course of the project as means of sharing the input from the community and to gain direction on the priorities, schedule, and robustness of the Climate Action Plan. This group will also provide critical substantive guidance and feedback on the emissions reduction measures for the government operations component of the Plan. Subtask 8e. City Council Study Session and Public Hearing The final component of the outreach is with the City Council. Global Green's past work has demonstrated that early engagement on complex topics such as climate change and sustainability is greatly beneficial. Therefore, we suggest a City Council study session at the mid -point of the project, with a formal hearing held near the end of project to adopt the Climate Action Plan. 25ff-23 Task 8 Work Products • Report summarizing public comments on the Public Review Draft CAP and proposed responses and how stakeholder input was used to refine the energy chapter in the CAP. • Three (3) community stakeholder meetings • Up to six (6) targeted stakeholder outreach meetings • Three (3) internal staff meetings • One (1) City Council study session • One (1) City Council public hearing. • Powerpoint presentations for each meeting, as needed. • Memorandum reporting all stakeholder meetings, the date, location and contact information of meeting attendees. 25ff-24 PROJECT SCHEDULE EXHIBIT B 25125 N r O N r 0 N Lz >o y a) m m O uJ CD m 3 cn m ai m m m rn > c 0 c a) c m c m m U 2 2 m m c 4 o ° c N c d c c c o m } � 0 i O CD O cc U E '0 W N Q M O m Q O U m O c O O Q w E m .0. C U m 3 cu O U) t N _0 m m O C p E _m O N M m "6 N C c U v d U d m m m O p m c c p m a) U U m — O a) a) L C C w Z' 7. 'a 7 >, N j d Q O c c O a> a) a> m a v 3 a> N N ai C y ir > > a% :2 :2 Q d ) r n LO W Q Em W @ r W .N •y C Lo LO Ln LO .0 0 0 U O Cl) = N N N = E E 70 N N y co j U C .N m m m m m m m � U' O O O Ci W W Q O O 7 � d � LL O Y � U) U) Y Y Y Y U) U) U) � Y n Y a � � � 25E -26 m c a� E c C 7 O _T U m c a) E a 0 0 rn c Y O c N c N CI CD a) E a`) 0 r a) Y N aI Q) m @ Q O L N Y O 3 a� a 0 t @ Y @ Ul _T C E E O 0 C a) E () m C w O L m Y U) c6 Y m N N a) rn o O O d 7 Q 7 C 3 7 LO L L a Q ♦ a a% L C� C d U. C ea v d 0 y a) m m O uJ CD m 3 cn m ai m m m rn > c 0 c a) c m c m m U 2 2 m m c 4 o ° c N c d c c c o m } � 0 i O CD O cc U E '0 W N Q M O m Q O U m O c O O Q w E m .0. C U m 3 cu O U) t N _0 m m O C p E _m O N M m "6 N C c U v d U d m m m O p m c c p m a) U U m — O a) a) L C C w Z' 7. 'a 7 >, N j d Q O c c O a> a) a> m a v 3 a> N N ai C y ir > > a% :2 :2 Q d ) r n LO W Q Em W @ r W .N •y C Lo LO Ln LO .0 0 0 U O Cl) = N N N = E E 70 N N y co j U C .N m m m m m m m � U' O O O Ci W W Q O O 7 � d � LL O Y � U) U) Y Y Y Y U) U) U) � Y n Y a � � � 25E -26 m c a� E c C 7 O _T U m c a) E a 0 0 rn c Y O c N c N CI CD a) E a`) 0 r a) Y N aI Q) m @ Q O L N Y O 3 a� a 0 t @ Y @ Ul _T C E E O 0 C a) E () m C w O L m Y U) c6 Y m N N a) rn m c a� E c C 7 O _T U m c a) E a 0 0 rn c Y O c N c N CI CD a) E a`) 0 r a) Y N aI Q) m @ Q O L N Y O 3 a� a 0 t @ Y @ Ul _T C E E O 0 C a) E () m C w O L m Y U) c6 Y m N N a) rn EXHIBIT C FEESCHEDULE TASK COST Task 1. GHG Emissions Inventory $ 37,260 Task 2. GHG Emissions Forecasts $ 17,590 Subtotal - Phase 1 Labor $ 54,850 :<. Task 3. Emissions Reduction from Existing Measures $ 15,435 Task 4. Emissions Reduction Targets $ 11,120 Task 5. Admin Draft Climate Action Plan - Energy $ - Subtask 5a. Evaluation Criteria and Potential Measures $ 4,640 Subtask 5b. Analyze and Recommend Measures $ 39,114 Subtask 5c. Implementation and Monitoring Strategy $ 12,017 Subtask 5d. Document Production and Review $ 10,197 Task 6. Public Review Draft Climate Action Plan $ 5,106 Task 7. Final Climate Action Plan $ 8,306 Task 8. Stakeholder Engagement $ 41,870 Subtotal - Phase 2A Labor $ 147,805 Subtotal"- Core Scope - Labor $ 202,655 Travel $ 6,400 Printing/Reproduction $ 500 Meeting Materials $ 300 Communications /Posta e /Deliver $ 150 $ - Subtotal - Core Scope - Other Direct Costs SU . 1 TA L - CORE SCOPE $ S 7,350 210,005 Task 5. Admin Draft Climate Action Plan - Other Sectors $ - Subtask 5a. Evaluation Criteria and Potential Measures $ 3,480 Subtask 5b. Analyze and Recommend Measures $ 31,355 Subtask 5c. Implementation and Monitoring Strategy $ 2,640 Subtask 5d. Document Production and Review $ 11,820 as 6. Public Review Draft Climate Action Plan $ 2,480 Task 7. Final Climate Action Plan $ 4,080 1 SUBTOTAL-ENHANCEDSCOPE $ 55,855 ws 2 5� -27 25E -28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: AGREEMENTS WITH COAST SURVEYING AND HUITT - ZOLLARS FOR AS- NEEDED SURVEYING SERVICES r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute agreements with Coast Surveying, Inc. and Huitt - Zollars, Inc. in an amount of $250,000 for each firm, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's survey crew provides construction surveying for the City's capital improvement projects to ensure that the improvements are built in the locations and the elevations shown on the plans. In addition, as required by the Business and Professions Code of the State of California, the crew is also responsible for restoring survey monuments and street centerline records after they have been disturbed by construction activities. More than 20 street, water, and facility improvement projects are expected to be constructed this fiscal year. Most of these projects will require surveying services; however, there are only two surveyors remaining in the survey crew following recent retirements. To keep up with the workload and to perform the tasks required by the Code, it is necessary to retain the services of engineering or land surveying firms to supplement the efforts of the City's survey crew. In August, the City Council approved the release of a Request for Proposals (RFP) to solicit the services of qualified consulting firms to perform surveying services. Subsequently, RFPs were sent to six firms and all submitted proposals. A committee consisting of five staff members from the Public Works Agency evaluated the proposals. Each firm was rated according to its qualifications, experience, and capacity to perform the required work. Based on the proposals submitted, the ratings for the firms are as follows: 25F -1 Agreements with Coast Surveying and Huitt - Zollars for As- Needed Surveying Services November 7, 2011 Page 2 FIRM RATING 1. Coast Surveying, Inc. 90 2. Huitt - Zollars, Inc. 87 3. D. Woolley & Associates. 79 4. Johnson -Frank & Associates, Inc. 78 5. Bill Carr Surveys 72 6. Bruce Hall Land Surveyors 61 Staff is recommending agreements with the two top -rated firms, Coast Surveying, Inc. and Huitt- Zollars, in an amount up to $250,000 each. Survey services are often needed on short notice; therefore, staff recommends retaining two firms to ensure that at least one firm is available. The services will be provided on as- needed basis as requested by City staff. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The total obligation of these agreements shall not exceed $250,000 for each firm. Costs shall be charged to the capital improvement project requiring the services. Raul Godinez II Executive Director Public Works Agency RG /MG Exhibit: 1. Agreements APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25F -2 AGREEMENT FOR PROVISION OF CONSTRUCTION SURVEYING SERVICES THIS AGREEMENT made and entered into this 7th day of November, 2011 by and between Coast Surveying, 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 consultant having special skill and knowledge in the field of surveying services. B. Contractor represents that it 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 perform construction surveying services for City's Capital Improvement Projects, on an on -call basis, as set forth in Contractor's Proposal, attached hereto as Exhibit A and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Schedule, attached hereto as Exhibit B and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $250,000.00, 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. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, 25F -3 employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 13, below. 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 which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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. 25F -4 f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not 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, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the Contractor's willful misconduct, its negligent performance or failure to perform any and all things necessary to and required to be done by Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of 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 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 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. 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. 25F -5 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 Fax No. 714 - 647 -6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax No. 714 - 647 -5622 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax No. 714- 647 -6515 To Contractor: Coast Surveying, Inc. Ruel del Castillo 15031 Parkway Loop, Suite B Tustin, California 92780 -6527 Fax No. 714 - 918 -6277 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. DELIVERY OF WORK PRODUCT Contractor shall deliver to City any and all work product, including records, papers, drawings, specifications, programs, systems and other materials prepared by Contractor pursuant to this Agreement. Said work product shall be the property of City. Consultant agrees to provide City will any such materials whenever requested to do so. 25F -6 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate either Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not included herein. 12. 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 of this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. I 110 T417lyl WEV I1 W, 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. 15. 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 25F -7 agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director Public Works Agency CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager COAST SURVEYING, INC. RUEL DEL CASTILLO President Tax ID 25F -8 EXHIBIT A SCOPE OF SERVICES 25F -9 CQiST SURVEYING, INC. 15631 PARKWAY LOOP SUITE B TUSTINV CA 92780 -6527 (714) 918 -6266 FAX (714) 918.6277 www.coastsurvey.co August 18, 2011 Raul Godinez II, Executive Director City of Santa Ana, Public Works Agency 20 Civic Center Plaza M -21 4t' Floor Ross Annex Santa Ana, CA 92702 Dear Mr. Godinez: RE: SURVEYING SERVICES FOR CITY OF SANTA ANA CAPITAL IMPROVEMENT PROJECTS Coast Surveying, Inc. (Coast) is very interested in providing surveying services to the City of Santa Ana. Coast has been providing professional surveying and mapping services throughout southern California since 1981 to many City, County, State, and Federal Agencies, local Transportation Authorities, as well as numerous private engineering companies. Key Factors for Coast Surveyin_a, Inc.: Coast has been in business in Orange County for 30 years, the first 8 years in Santa Ana. Coast has filed over 500 Corner Records during the last 5 years, half of those in Orange County. Coast has 30 years of construction staking experience on public works projects in O.C. Ruel del Castillo, PLS 4212, will be the Project Manager and the California Professional Land Surveyor in responsible charge of all survey work performed under this contract. Coast hereby guarantees that key personnel will be committed to perform the required tasks throughout the duration of this contract. The undersigned declares that the only person, persons, company, or parties interested in the proposal as principals, are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and that the signer of this proposal has full authority to bind the principal proposed. If you have any questions or comments, please contact me directly by phone, fax or by e-mail at ruel .delcastillo @coastsurvey.com. Thank you in advance for considering our firm. Very truly yours, 4 W -4 Ruel del Castillo, P.L.S. 4212 President P111 -142 25F -10 COAST SURVEYING, INC. 150_3_1 PARKWAY LOOP SUITE B TUSTIN CA 92780 -6527 (7141 918 -6266 FAX(714)618-6277 www. coast survey, com A. ORGANIZATION AND CREDENTIALS COMPANY PROFILE Coast Surveying, Inc. (Coast) was founded in 1981 in Santa Ana by Ruel del Castillo, P.L.S. and Skip Touchon, P.L.S. as Coast Surveying and Mapping and was incorporated on January 2, 1984. Mr. Touchon left the firm in 1990 to pursue his dreams in the Central Coast area and today, Coast is led by Mr. del Castillo. Coast currently has twelve employees, four of whom are Professional Land Surveyors licensed in California. Coast Surveying, Inc. is a Certified DBE firm with LACMTA and Caltrans. Certificate attached. Coast has been providing professional surveying and mapping services, including centerline ties, Corner Records, construction staking, design surveys, aerial photogrammetric mapping, topographic surveys, hazmat surveys, legal descriptions, and right -of -way mapping, throughout southern California for the last 30 years to such governmental agencies as: Caltrans - Districts 5, 6, 7, 8, 9, 11 and 12; OCTA; RCTC; MTA; SCRRA; SBCAG; CPTC; TCA; counties of Orange, Los Angeles, Mariposa, Riverside, and San Bernardino; cities of Irvine, Costa Mesa, Newport Beach, Santa Ana, Garden Grove, Tustin, Seal Beach, Moreno Valley, Rancho Cucamonga, Palm Desert, El Segundo, Carson, Hawthorne, and Cerritos; U.S. Army Corps of Engineers; U.S. Navy; U.S. Air Force; FAA; BLM; Port of Long Beach; Port of Los Angeles; San Diego Unified Port District; State Architects Office; CA Department of General Services; CA Department of Water Resources; and CA Department of Corrections, as well as numerous private engineering companies. CURRENT ON -CALL CONTRACTS Coast Surveying, Inc. currently has the following on -call contracts: City of Newport Beach — Surveying Services City of Garden Grove — Surveying Services City of Tustin — Surveying Services City of Irvine -- Surveying Services City of Pomona — Surveying Services County of Los Angeles — Surveying Services DIRECT CITY OF SANTA ANA EXPERIENCE Numerous Street Rehabilitation Projects for the City — Design Surveys & Const. Staking Santa Clara Av. /Lincoln to Spurgeon Sewer & Water Lines — Design Surveys & Coast. Staking Fifth Street/ Jackson to Sullivan — Construction Staking Dyer Road at SR -55 Freeway — Design Surveys Santa Ana Blvd. Grade Separation through AECOM — Aerial, Design Survey & R/W SA -5 on Bristol St. N10 Alton through Tetra Tech, Inc. — Design Survey & Centerline First Street Bridge over Santa Ana River through DMJM Harris — Aerial, Design Survey & R/W Bridge Rehabilitation through PBS &J (W. Koo & Assoc.) — Design Surveys & R4V Delineation Park Santiago Streets through DMJM Harris — Design Surveys 25F -11 Wilshire Av., Elder Av., & Borchard Av. through DMJM Harris — Aerial & Design Surveys Santiago Park Habitat Building through Tetra Tech, Inc. - Topographic Survey Fire Stations 4 & 8 through DMJM Harris — Design Surveys Main Street, Warner Av. to 8th St., through Tetra Tech, Inc. — Aerial Mapping, Design Survey, Centerline Determination, Centerline Ties, & Corner Records Thorton Park through DMJM Harris — Design Surveys Santa Ana Civic Center Plaza through DMJM Harris — Design Surveys Subdivision Map Checking Services for the City of Santa Ana REFERENCES On -Call Surveying for the City of Santa Ana — Coast currently has on -call contracts with the City of Santa Ana to provide surveying services including design surveys, aerial mapping, centerline ties & Corner Records, right of way surveys, centerline surveys, utility surveys, construction staking, etc. Contact: Michel Girgis, PE, Senior Civil Engineer, at (714) 647- 5042. Address: City of Santa Ana, Public Works Agency, Construction Engineering, PO Box 1988 / M -22, Santa Ana, CA 92702. On -Call Surveying for the City of Newport Beach — Coast currently has an on -call contract with the City of Newport Beach to provide surveying services including design surveys, aerial mapping, centerline ties & Corner Records, centerline surveys, utility surveys, construction staking, etc. Contact: Wes Wlttmeyer, PLS, City Surveyor, at (949) 644 -3317. Address: City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA, 92663. On -Call Surveying for the City of Garden Grove — Coast currently has an on -call contract with the City of Garden Grove to provide surveying services including construction staking, design surveys, centerline surveys, centerline ties & Corner Records, utility surveys, marking right -of -way, checking legal descriptions, aerial mapping, etc. Contact: Mark Uphus, PE, Project Manager, at (714) 741 -5191. Address: City of Garden Grove, 11222 Acacia Avenue, Garden Grove, CA (P.O. Box 3070, Garden Grove, CA 92842). B. MONUMENT PRESERVATION APPROACH Prior to the start of construction, we will research at the City and County for horizontal and vertical control, centerline ties, record maps, Corner Records, benchmarks, etc. within the project area. We will then recover all the centerline monuments and related ties that may be disturbed during construction and set additional ties as necessary to perpetuate the monuments, prepare pre - construction Corner Records and process them with the Orange County Surveyor's Office. After construction, we will reset any missing centerline monuments and ties and prepare post - construction Corner Records and process them with the Orange County Surveyor's Office and deliver a copy to the City of Santa Ana as well as a MicroStation Agn digital file for each tie sheet. All work will conform to Section 8771 of the Land Surveyors Act. We will also continue the City of Santa Ana's practice of showing the history of the perpetuation of the monument on each Corner Record. C. CONSTRUCTION STAKING APPROACH 25F -12 Prior to the start of construction and after construction has been completed, we will perform monument preservation services as noted above. Our general approach will be to review the construction plans, specifications and standard plans, compute the locations of all improvements to be staked prior to construction, mark removal limits, stake the locations of items to be constructed on an agreed upon offset (such as: slope staking; rough grade, fine grade, rock grade, and /or finished surface; curb, curb & gutter, and /or edge of pavement; drainage structures; storm drain lines and manholes; water lines; fire hydrants; sewer lines and manholes; utilities; bridge structures; light poles; and signal poles), checking into existing improvements as needed. We will work closely with the Resident Engineer and City staff to coordinate the construction staking operations, and report any issues to the Resident Engineer. We will re -stake items only as directed by the Resident Engineer and keep separate track of those particular hours. D. STAFFING PROJECT MANAGER Ruel del Castillo has over 47 years of experience in managing both field and office operations for all phases of surveying and mapping services and was licensed as a Land Surveyor in California in 1975 as P.L.S. 4212. He has managed over 50 "on- call" contracts directly for, or in support of, many federal, state and local agencies including the Cities of Santa Ana, Tustin, Garden Grove, Irvine, Newport Beach, and Seal Beach, the Counties of Orange, Los Angeles, San Bernardino, and Mariposa, the U.S. Forest Service, various U.S. Army Corps of Engineer Districts, the U.S. Navy - Southwest Division and the Metropolitan Water District of Southern California (MWD). He has a "hands -on" working knowledge of various land surveying services including final subdivision map checking, right -of -way mapping, preparation of legal descriptions, boundary surveys & analysis, GPS surveys, topographic surveys, utility location surveys, aerial photogrammetric mapping, large -scale aerial and geodetic control, construction staking, and monitoring quantities. For example, while working directly for the County of Orange, Mr. del Castillo was responsible for all boundary surveys, first -order & second -order vertical and horizontal control surveys, photogrammetric mapping, control surveys and centerline surveys. In 1981, he established his own surveying company in Orange County, Coast Surveying, Inc. Over a 30 -year period with a staff of up to 40, his company completed hundreds of surveying projects in southern California generating over $50M in fees. Mr. del Castillo serves as Coast's President and provides project management as well as contract administration for all major Coast contracts. Mr. del Castillo is licensed as a Professional Land Surveyor in the states of California, Arizona, Nevada, New Mexico, Colorado, Utah, Idaho and Washington, and is also a Certified Federal Surveyor (CFedS). PROJECT SURVEYOR — OFFICE SURVEY MANAGER Gwen del Castillo has over thirty -three years of surveying experience in southern California, was licensed as a Land Surveyor in California in 1982 as P. L.S. 5108, and has an AA degree in surveying from Santa Rosa College. Ms. del Castillo has had extensive experience in 25F -13 boundary analysis, preparation and checking of legal descriptions and maps, Corner Records, checking of final subdivision maps and Records of Surveys, research, as well as providing internal checking and quality control. Ms. del Castillo has also had extensive experience in field note reduction, calculations, preparation of as -built plans, and GIS database setup, input, review, analysis and output. Ms. del Castillo was responsible for the preparation and processing of centerline ties & Corner Records, as well as several Records of Survey. PROJECT SURVEYOR — FIELD SURVEY MANAGER Ken Kasbohm has over thirty -three years of surveying experience in the field and directing field crews in performing all types of surveying including vertical and horizontal control, photo control, GPS surveys, topographic surveys, design surveys, boundary surveys, right of way surveys, and construction layout. Mr. Kasbohm is a Professional Land Surveyor in California since 1997 as P.L.S. 7371, has been a Certified Party Chief since 1985, and has been Hazmat trained since 1986. Mr. Kasbohm directs the work of the field crews, sets up the work for each crew, and has continued to work as a survey party chief as needed. During the last few years, he has been responsible for the preparation of numerous Records of Survey for MWD properties along the Colorado River Aqueduct. E. CONCLUSION Coast Surveying, Inc. is especially well suited to perform On -Call Surveying Services for the City of Santa Ana: • Project Manager, Ruel del Castillo, P.L.S. 4212, has over 47 years of surveying experience in Orange County, who has been licensed as a Professional Land Surveyor in California since 1975 and who has extensive experience in all aspects of land surveying, especially construction staking and Corner Records. • Office Survey Manager, Gwen del Castillo, P.L.S. 5908, has prepared over 500 centerline ties & Corner Records in the last 5 years. • Field Survey Manager, Ken Kasbohm, P.L.S. 7371, has over 33 years of construction staking experience, the last 20 years with Coast. • Coast Surveying, Inc, has filed over 500 Corner Records during the last 5 years, with over half of those in Orange County. • Coast Surveying, Inc. has over 30 years of experience in Orange County performing construction staking for roads, freeways, channels, bridges, water, sewer, storm drain, structures, parks, buildings, and utilities. • Our office is less than ten minutes away from the Santa Ana City offices. • Approximately 95% of our work is performed for governmental agencies. • Coast has a history of pleasing our clients — over 85% of our work comes past clients. • SURVEYING AND MAPPING IS OUR ONLY BUSINESSI Please see attached full -sized resumes for key staff, LACMTA DBE Certificate, construction projects experience,e and Attachment B. Hourly Rate Sheet and Attachment A are under separate cover. 25F -14 25F -15 25F -16 EXHIBIT B FEE SCHEDULE 25F -17 to /if /t1 COASTSURVEYING, INC. 15031 PAR{(WAY L04P. SUITE 8. 7USTIN. CA 92780 -6§,27 (714) 918 -6266 FAX MM 918 -6277 YEAR ONE AND YEAR TWO +/- (10/2011 through 0912012) and (10/2012 through 09/2013) CITY OF SANTA ANA SCHEDULE OF HOURLY RATES FOR SERVICES PERFORMED BY OUR COMPANY Project Management $160.00 Project Surveyor 137.00 Survey Technician 108.00 Clerical and Delivery Service 62.00 2 Person Survey Party wlEquipment 247.00 3 Person Survey Party wlEquipment 320.00 Overtime will be computed at 7.25 times regular hourly rate. GPS Receivers (minimum of three) - $100.00 /day /receiver Monuments, prints, photocopies, research materials, and other incidental or special supplies. AT COST 25F -18 T AGREEMENT FOR PROVISION OF CONSTRUCTION SURVEYING SERVICES THIS AGREEMENT made and entered into this 7`" day of November, 2011 by and between Huitt- Zollars, 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 consultant having special skill and knowledge in the field of surveying services. B. Contractor represents that it 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 perform construction surveying services for City's Capital Improvement Projects, on an on -call basis, as set forth in Contractor's Proposal, attached hereto as Exhibit A and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Schedule, attached hereto as Exhibit B and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $250,000.00, 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. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, 25F -19 employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 13, below. 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 which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shalt 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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. 25F -20 f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not 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, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the Contractor's willful misconduct, its negligent performance or failure to perform any and all things necessary to and required to be done by Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of 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 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 effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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. 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. 25F -21 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 Fax No. 714 - 647 -6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax No. 714 - 647 -5622 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax No. 714 - 647 -6515 To Contractor: Huitt- Zollars, Inc. James L. Garvin 430 Exchange, Suite 200 Irvine, California 92602-1315 Fax No. 714 - 734 -5155 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. DELIVERY OF WORK PRODUCT Contractor shall deliver to City any and all work product, including records, papers, drawings, specifications, programs, systems and other materials prepared by Contractor pursuant to this Agreement. Said work product shall be the property of City. Consultant agrees to provide City will any such materials whenever requested to do so. 25F -22 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate either Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not included herein. 12. 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 of this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. 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. 15. 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 25F -23 agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: an Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director Public Works Agency CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager HUITT- ZOLLARS, INC. JAMES L. GARVIN, P.L.S. Vice - President Tax ID # 25F -24 EXHIBIT A SCOPE OF SERVICES 25F -25 - T i I NUISI- IOLIARS, INC. 1 430 Exchange 1 Suite 200 1 Wine, CA 72602.131S i 714.734.SIOO phone 1 714.734.5155 fox i huittaollors.com August 18, 2011 Mr. Raul Godinez 11, Executive Director City of Santa Ana Public Works Agency 20 Civic Center Plaza 4th Floor Ross Annex Santa Ana, CA 92702 RE: PROPOSAL FOR SURVEYING SERVICES Dear Mr. Godinez: Huitt - Zollars has been successfully providing On -Call Surveying Services to Public Agency clients for many years, and we look forward to the opportunity of providing these services to the City of Santa Ana. We have previously performed these services for the City under a past On -Call Survey contract, and we believe that it was a very beneficial relationship for both parties. Understanding of the Project Based on the General Description as provided in the Request for Proposal (RFP) dated August 2, 2011, we understand that the City is looking for surveying firms to partner with, to assist them with providing Construction Staking Services and Monument Perpetuation on an *As needed" basis. We provide more detailed descriptions of these activities in Sections B and C in the following proposal. Strong Project Manager and Team with Excellent Public Works Experience: We believe that the skills and experience of a Project Manager with strong technical skills in the type of work requested is the most important reason to select any team for this assignment. James L. Garvin, PLS, strongly meets this requirement and is committed to the City for the duration of the contract. Mr. Garvin and the survey team as presented herein have extensive experience in providing the services that the City is requesting. Mr. Garvin has more than 30 years of experience in municipal public works and transportation surveying, and has successfully worked on On -Call Surveying contracts from the State of California Department of General Services, the County of Orange, Orange County Transportation Authority and many Orange County Cities. As explained in our proposal, Huitt- Zollars provided the City with Construction Staking services and Monument Perpetuation for the First Street Rehabilitation project that ran from Bristol Street to Grand Avenue; and we are just completing a major intersection widening project for the City of Mission Viejo that provides the same services that are being requested in your RFP. Innovation Huitt- Zollars' staff jumps at the chance to be innovative and ahead 6f the'curve. We utilize the latest in field and office technologies and communication systems, including laptop computers in the field to work with the digital files for the improvement plans to provide additional survey calculations as may be needed or to help answer any questions regarding the engineering plans themselves, Our team is ready to help, and we can serve as an extension of staff and provide the City with assistance for your construction projects. Thank you for the opportunity to submit a proposal for this work, Very Truly Yours, HUITT- ZOLLARS, INC. James L. Garvin, P.L.S. Vice President CA PLS No. 6343 m1plV111 -0219Godinez 16J1'f_'XL' Ken Rukavina, P.E. Vice President/Office Manager CA PE No. 42866 Isuilt•:;ullar�.colrl ARIZONA • CAH OWINNIA • (.01 t)fIM00 • N'c:11s1 MLX1C0 25F -26 STATEMENT OFQUAWCATIONS CITY OF SANTA ANA ON-CALL SURVEYING SERVICES TABLE OF CONTENTS: ITEM A. FIRM QUALIFICATIONS AND PROJECT EXPERIENCE .................................. ............................... 2 ITEM 8. MONUMENT PRESERVATION /WORK PLAN .............................................. ............................... 5 ITEM C. CONSTRUCTION STAKING /WORK PLAN .................................................. ............................... 6 ITEMD. STAFFING ..................................................................................... ............................... 7 ATTACHMENTS.............................................................. ............................... ............ 15 MOkLCl11.0219TExT18 -18 -11 25F -27 ITEM A. FIRM QUALIFICATIONS AND PROJECT EXPERIENCE STATEMENT OF QUALIFICATIONS CITY OF SANTAANA ON -CALL SURVEYING SERVICES Huitt - Zollars, Inc. is a full- service Engineering and Surveying firm with offices in Irvine, Westlake Village, and Ontario, California; Dallas, Fort Worth, Austin, Houston, and El Paso, Texas; Phoenix, Arizona; Albuquerque, New Mexico; Seattle and Tacoma, Washington; and Denver, Colorado. Established in 1975, the firm has a staff of more than 500 professional, technical, and support personnel, with diversified skills, capable of handling highly complex multidiscipline assignments. The firm is ranked among the nation's top design firms by Engineering News - Record. The strength of Huitt - Zollars lies in its people, and their ability to provide expertise in all disciplines required for a project. This full- service capability affords coordination beyond the prime /consultant organization since in -house lines of communication are firmly established and easy to maintain. This arrangement also provides a single focus for the project, resulting in smoother progression; efficient designs that balance function, economics, and aesthetics; and construction documents that incorporate our client's objectives. Huitt - Zollars can take a project from start to finish, from initial study through the design process to construction management. With three offices in Southern California, Huitt - Zollars has the resources and capabilities to quickly provide adequate staff for any task order on a timely basis. , . Our Irvine office will serve as the lead office for this contract; and, as necessary, will be provided technical support from Westlake Village and Ontario. The three offices have a combined strength of 140 personnel, and the firm has the strength of more than 500 personnel. Huitt - Zollars serves a wide range of private sector and public sector clients in Southern California and in locations where we have other offices. Our clients include the following: Public • United States Department of Veterans Affairs • State of California — Department of General Services (On -Call Survey) • County of Orange (On -Call Survey and Map Check) • County of Santa Barbara (On -Call Survey and Map Check) • Orange County Transportation Authority (On -Call RAN Engineering) • Cities of Anaheim, Costa Mesa, Downey, Irvine, Long Beach, Mission Viejo, Ontario, and San Juan Capistrano • Anaheim Redevelopment Agency • Fullerton Redevelopment Agency • University of California, Irvine (UCI Campus and UCI Medical Center) Private • The Irvine Company • Rancho Mission Viejo • Target Stores • Craig Realty Group • EIRE Properties • Shea Properties • First American Title Insurance Company • Birtcher Development • Arden Realty • Cim Group • Koll Company • Multiple private engineering companies to whom we provide surveying support We are just completing the Post - Construction Corner Records for monument preservation on the Oso Parkway and Marguerite Parkway Intersection Widening Improvements in the City of Mission Viejo. This project included the initial Topographic Survey work, Pre - Construction Corner Records, legal descriptions and exhibits for Right -of -Way Acquisition and all associated easements, complete Construction Staking Services and Post Construction Corner Records which appear to be the services that you are looking to contract for. We are very WP /3LGd11 -0219TEXTl8.18 -11 2 H i l l -A ?l_.IAk', 25F -28 STATEMENT OF QUALIFICATIONS CITY OF SANTA ANA ON -CALL SURVEYING SERVICES ITEM B. MONUMENT PRESERVATION ! WORK PLAN 1. After receiving a request for a specific project from the City, Huitt- Zollars will meet with the appropriate City staff to discuss the detailed project scope and timing. 2. Based on our understanding, we will prepare a detailed scope of work and provide the City with a cost estimate and schedule to complete the work. 3. Research existing City records for current survey and centerline tie information in the project area. 4. Research County of Orange Surveyor's Office database for subdivision mapping, Records of Survey and Corner Records in the project area. 5. Prepare a preliminary "Search" exhibit for the field crew to use In locating existing monuments that may be disturbed or destroyed during construction. This work includes centerline monuments as well as monuments along the right -of -way lines that may mark property lines of adjacent properties. 6. Perform a field survey of the area to identify and locate any existing monumentation in the project area that will be impacted by the construction. 7. Set temporary construction ties that are "outside of the area of influence" of the construction project to be used to re -set the points that could be destroyed. 8. Prepare a Pre - Construction Corner Record showing the found monuments and the construction ties and process it with the Orange County Surveyor's office. These Corner Records can be utilized by surveyors in the interim until the project is completed and the monuments are re -set. 9. If requested by the City after the completion of construction, Huitt- Zollars will utilize the construction ties shown on the Pre - Construction Corner Record to set permanent tagged monuments at the locations of the monuments that were destroyed and if necessary, set new tagged centerline tie points. Ideally, each centerline intersection would be monumented with 4 centerline ties set to help perpetuate the location in the future. 10. Prepare a Post - Construction Corner Record showing the newly set monuments and tie points and process it with the Orange County Surveyor's Office. 11. Prepare new centerline tie sheets per the City's format to reflect the current conditions of the monument and its ties. 12. All work to be performed in Microstation Version 8 (or earlier) and a digital copy to be provided to the City. The staff types that could possibly work on this type of project would be: 2- person survey crew, 3- person survey crew, Survey Manager, Sr. Project Surveyor, Project Surveyor, Survey Tech and Sr. Project Support. WPALGl11- 0219TEXT/8 -18 -11 25F -29 i- 11.1111 } ( ;11_ l AIR ), ` STATEMENT OF QUAUFICATIONS CITYOFSANTAANA �i ON-CALL SURVEYING SERVICES ITEM C. CONSTRUCTION STAKING 1 WORK PLAN 1. After receiving a request for a specific project from the City, Huitt - Zollars will meet with the appropriate City staff and the selected contractor to discuss the detailed project scope and timing. Due to widely varying requirements and needs of the individual contractors, we have found it to be very beneficial to discuss the project in detail with them to be able to provide them with the staking that will be most cost effective to streamline the process. This meeting should determine the means of communication and who will be making survey requests and approving survey tasks. 2. Review the Improvement Plans for constructability and coordinate with the City staff or the Engineering Company that prepared the plans with questions and clarifications. 3. Review the Improvement Plans for the items to be staked and prepare a detailed scope of work and provide the City with a cost estimate to complete the work. Our schedule will depend entirely on the schedule of the contractor and their specific survey requests to us. 4. Our crews are fully equipped with survey support calculations and are ready to begin layout as soon as they arrive at the job. We provide survey calculations for alignments or features as necessary to support the field staking operation. This work includes: electronic alignments and coordinate files that can be uploaded into the survey crew's Total Stations. Huitt - Zollars utilizes Trimble S6 and 5603 Robotic Total Stations and Leica Digital levels for our construction layout. 5. If appropriate, prepare survey "Cut Sheets" in the office for the items to be staked. During this process, it allows us to check the Improvement Plans in more detail and look for blunders in grades, percentages and stationing. 6. If necessary, and if not provided by the City or by the General Contractor, Huitt - Zollars will provide traffic control based on the current version of the WATCH traffic control handbook. 7. Provide construction staking at the appropriate offset and alignment as specified for the individual project. Mark the lath witnessing the stakes as appropriate. 8. Provide completed Cut Sheets to the City and the General Contractor for their use in construction. 9. Typically, Curb and Gutter staking will be provided, at 25 -foot intervals, with cut or fill to Top of Curb Including all angle points, BC's EC's and points of vertical curve. 10. Typically, wet utility staking will be provided at 25 -foot intervals (Sewer, and Storm Drain) or at 50 -foot intervals (Water) with cut or fill to Flow Line including all angle points, BC's EC's and points of vertical curve. 11. Sewer and Storm Drain laterals to be set at the same time as the mainline staking. The staff types that could possibly work on this type of project would be: 2- person survey crew, 3- person survey crew, Survey Manager, Sr. Project Surveyor, Project Surveyor, Survey Tech and Sr. Project Support. WPJJLGl11 -0219TEXr/8.18 -11 6 1 1 . I# f I -:A,�.4 .1A I '? 25F -30 ITEM D. STAFFING Office Staff STATEMENT OF QUAUFICATIONS CITY OF SANTA ANA ON-CALL SURVEYING SERVICES James Garvin, PLS Survey Manager James Gillen, PLS Principal -In- Charge 1 Quality Assurance Jason Kinnie, PLS Sr. Project Surveyor Patrick McNally Jr., PLS Sr. Project Surveyor Russell Hanson Sr. Project Surveyor Field Survey James Winkler Survey Party Chief Gary Barnard, LSIT Survey Party Chief Erik Martinez Survey Party Chief Manuel Flores Survey Party Chief Carlos Silva, LSIT Survey Party Chief Shane Sender, LSIT Survey Party Chief WPIJLG/1 "219TE08.18 -11 25F -31 25F -32 EXHIBIT B FEE SCHEDULE 25F -33 CITY OF SANTA ANA "AS- NEEDED" SURVEY SERVICES 2011-2012 HOURLY RATE SHEET Engineering /Planning IArchittecture $ 205.00 Principal -In- Charge .............. . QA /QC Manager ................. $190.00 Sr. Project Manager ....... , .... $190.00 Project Manager ................. $ 175.00 Sr. Civil Engineer ................. $ 185.00 Civil Engineer ................... $150.00 Engineer (EM ................... $ 105.00 Sr. Designer......... .......... $150.00 Designer ....................... $ 125.00 Sr. CARD Technician.......... .. $125.00 CARD Technician ................. $ 95.00 Sr. Structural Engineer ............ $175.00 Structural Engineer ............... $155,00 Sr. Mechanical Engineer............ $175.00 Mechanical Engineer .............. $155.00 Sr. Electrical Engineer ............. $ 175.00 Electrical Engineer ................ $155.00 Plumbing Engineer ................ $150.00 Sr. Planner ..................... $185.00 Planner ........................ $ 145.00 Sr. Architect .. ...... ......... $ 160.00 Architect ...................... $ 120.00 Architect Intern .................. $ 95.00 Sr. Landscape Architect ............ $ 145.00 Landscape Architect .............. $ 115.00 Landscape Architect Intern.......... $ 85.00 m jp /jig/11- 0219Rates/8 -18 -11 25F -34 t - r y - Survey Survey Manager ............. $ 190.00 Sr. Project Surveyor........... $ 160.00 Project Surveyor ............. $ 135.00 Survey Tech ................ $ 110.00 Survey Crews 1- Person Survey Crew......... $ 150.00 2- Person Survey Crew......... $ 205.00 3- Person Survey Crew......... $ 250.00 Construction_ Management Construction Manager ......... $ 190.00 Construction Management Support $ 125.00 Construction Observer ........ $ 100.00 A ministratiye Sr. Project Support ........... $ 95.00 Project Support .............. $ 65.00 Reimbursable Expenses Consultants ................. Cost + 10% Other Direct Costs............ Cost + 10% Mileage.......... Standard business mileage rate REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: CONTRACT AWARD FOR SOFTWARE MAINTENANCE WITH BENTLEY SYSTEMS, INC. i I CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: IWI.P.10 I I ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached two -year agreement with Bentley Systems, Inc. for software maintenance and technical support for the specialized engineering software used in the Public Works Agency in an amount not to exceed $45,000 per year. DISCUSSION The Public Works Agency utilizes a number of specialized engineering software products for its computer design services and for accessing data on the Geographic Information System. Bentley Systems, Inc. owns and maintains this software. A software maintenance agreement is needed to ensure that the City receives software upgrades and technical support. FISCAL IMPACT The cost of maintenance for the first year of the agreement is projected to be $42,675. Funds are budgeted in the current fiscal year in the Public Works Administration program for professional contract services (accounting unit 10117601 - 62300). Funds for the second year of the agreement will be included in the FY 12 -13 budget. APPROVED AS TO FUNDS AND ACCOUNTS: Rau Godinez Francisco Gutierrez Executive Direct Executive Director Public Works Agency Finance & Management Services Agency RG/TB Exhibit: 1. Agreement 25G -1 25G -2 Amendment No. 1 to Bentley SELECT Program Agreement This Amendment ( "Amendment ") made between Bentley Systems, Incorporated, a Delaware corporation, with principal offices at 685 Stockton Drive, Exton, PA 19341 ( "Bentley "), and The City of Santa Ana, an entity having its principal office and place of business at 20 Civic Center Plaza M -21, Santa Ana, CA 92702 ("Subscriber "). WHEREAS, Bentley and Subscriber wish to amend the Bentley SELECT Program Agreement effective as of the Effective Date defined therein made between the parties (the "Original Agreement "); the Original Agreement as amended by this Amendment is hereinafter referred to as the "Agreement ", to allow Subscriber to continue to utilize the Subscription Licenses upon the terms and conditions set forth in this Agreement. This Agreement shall be effective on the same day the Original Agreement becomes effective. NOW THEREFORE, the parties hereby mutually agree as follows: 1. Proprietary Information. Section 3.06(c) of Exhibit B is hereby amended to read, in full, as follows: "Subscriber shall only use Proprietary Information in furtherance of this Agreement, and may disclose Proprietary Information only to those employees required to have knowledge of same to perform their duties pursuant to this Agreement. Subscriber shall not disclose or make Proprietary Information available to any third party at any time. Notwithstanding the foregoing restrictions, City and its personnel may use and disclose any information to the extent required by the Freedom of Information Act, the California Public Records Act, an order of any court or as necessary to protect its interest in this Agreement, but in each case only after Bentley has been so notified and has had the opportunity, possible, to obtain reasonable protection for such information in connection with such disclosure." 2. Governing Law. Section 8.09 of Exhibit B of the Agreement is hereby deleted in its entirety and replace in its entirety with the following: "This Agreement shall be governed by, interpreted, and enforced in accordance with the laws of the State of California without regard to conflicts of law provisions. To the maximum extent permitted by applicable law, the parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods, as amended, and of the Uniform Computer Information Transactions Act, as it may have been or hereafter may be in effect in any jurisdiction, shall not apply to this Agreement ". 4. Arbitration. Section 8.10 of Exhibit B of the Agreement is hereby deleted in its entirety. Bentley 1/] 3/2011 2 5 G _3 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives as of the date and year first written above. Subscriber Signature _Paul M. Walters Print or Type Name _Interim City Manager Title Date ATTEST: Maria D. Huizar Clerk of the Council RECOMMENDED FOR APPROVAL: Raul Godinez, II Executive Director Public Works Agency APPROVED AS TO FORM: Joseph Straka Interim City Attorney Bentley 1/13/2011 2 5 G -4 Bentley Systems, Incorporated Signature Print or Type Name Title Date f3entley BENTLEY SYSTEMS, INCORPORATED SELECT PROGRAM AGREEMENT Bentley SELECT` NORTH AMERICA Bentley SELECT Agreement CLA Number This SELECT Program Agreement (together with all exhibits and attachments hereto as in effect from time to time, the "Agreement ") is made as of the Effective Date by and between Bentley Systems, Incorporated, a Delaware corporation with its principal office and place of business at 685 Stockton Drive, Exton, Pennsylvania 19341, and the subscriber identified below ( "Subscriber "). All references herein to "Bentley" include Bentley Systems, Incorporated and its direct and indirect subsidiaries. Subscriber desires to enter into this Agreement to subscribe to the Bentley SELECT® Program ("SELECT Program ") to acquire licensing privileges and services offered from time to time under the SELECT Program, all as more fully described in the lettered exhibits attached hereto. Subscriber, upon signing this Agreement, is bound by the terms of this Agreement and Exhibits A and B hereto. Subscriber shall be bound by any amended or supplemental exhibit provided by Bentley upon Subscriber's license or purchase of products or services to which such amended or supplemental exhibits apply. The lettered exhibits attached to this Agreement are incorporated herein and made a part of this Agreement, as such exhibits may be updated, amended and supplemented with additional exhibits from time to time upon thirty (30) days after delivery through electronic or other means to the Subscriber; provided, that as to particular products and services licensed or purchased hereunder, Subscriber shall be bound by the form of the exhibits in effect at the time the products or services are licensed or provided. Upon any renewal of this Agreement, the updated, amended or supplemented exhibits in effect at the time of such renewal, if any, shall be applicable to all licensing privileges and services under the SELECT Program provided from and after the date of such renewal. Notwithstanding the foregoing, unless Bentley and Subscriber agree otherwise by a writing duly executed by authorized representatives of the parties, no amendment or supplement to the exhibits to this Agreement after any perpetual license purchase shall limit or impair the rights of Subscriber under the perpetual license terms and conditions in effect at the time such license is acquired. For definitions of the capitalized terms used in this Agreement and the Exhibits hereto, see Section 1 of the General Terms and Conditions included as Exhibit B. The term of this Agreement is set forth in the General Terms and Conditions under the caption "Term; Termination." The terms of all Product licenses acquired hereunder shall be as set forth in Section 5 of Exhibit A to this Agreement, and all Product licenses hereunder are subject to the termination provisions applicable to such licenses in Section 5 of Exhibit A to this Agreement and in the General Terms and Conditions. Subscribers may not use the licenses, services and other benefits provided under this Agreement for purposes of developing software applications for distribution outside of their organization or for providing end -user training on Bentley Products other than to internal end users. If your organization falls into either of the foregoing prohibited categories, then please contact Bentley about other programs that are better suited for your business. BY SIGNING BELOW, SUBSCRIBER ACKNOWLEDGES THAT, THROUGH ITS AUTHORIZED REPRESENTATIVES, IT HAS READ AND UNDERSTANDS THIS AGREEMENT (INCLUDING ALL ATTACHED EXHIBITS), AGREES TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AND HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT. SUBSCRIBER IS NOT ENTERING INTO THIS AGREEMENT ON THE BASIS OF ANY REPRESENTATIONS NOT EXPRESSLY SET FORTH HEREIN. A FULLY EXECUTED COPY OF THIS AGREEMENT WILL BE RETURNED TO SUBSCRIBER AFTER THIS AGREEMENT IS APPROVED AND ACCEPTED BY BENTLEY. St 11 Bl :NTITY SYSTEMS, INCORPORA TED Company Name Signature Signature Printed Name Printed Name Title Title E -mail Address Address 685 Stockton Drive Exton. Pennsylvania 19341 Telephone: Telephone: 610- 458 -5000 Date Signed:_ _ Date Signed: SEL002520 -1 /0005 6/11 BENTLEY SELECT PROGRAM AGREEMENT SELECT Program Benefits Exhibit A Dated as of January 2010 General. Subscriber agrees to purchase SELECT Program coverage for all Bentley Products licensed and CALs acquired by Subscriber. Bentley shall provide SELECT Program services to Subscriber for all Bentley Products licensed by Subscriber, subject to the provisions of this Agreement. Subscriber may complete and submit to Bentley a supplemental form referenced by Bentley as Attachment I ( "Attachment 1 "), and if completed Attachment 1 shall be incorporated into this Agreement, provided that (except with respect to the duration of the initial term of the Agreement) in the event of any inconsistency between this Agreement and Attachment 1, this Agreement shall control with respect to Subscriber's SELECT Program subscription. Any additional Bentley Products licensed by Subscriber during the term of this Agreement shall be added automatically to Subscriber's SELECT Program coverage hereunder and the additional SELECT Program Fees will be included in Subscriber's periodic invoices for SELECT Program services. SELECT Support Ser ieeS platform for an equivalent license for such Product on another platform (a "Platform Exchange "). 3.02. Such Upgrade, Update, or Platform Exchange may be in downloadable electronic form, or any other means as Bentley may choose from time to time in its sole discretion. 3.03. In order for Subscriber to be eligible to receive Upgrades, Updates, or Platform Exchanges, Bentley may require that Subscriber first return the Product (or component thereof, such as hardware lock or CD- ROM) subject to the Upgrade, Update, or Platform Exchange directly to Bentley. 3.04. If Subscriber receives an Upgrade and uses such Upgrade then Subscriber's aggregate use of the Upgrade and the original Product subject to such Upgrade may not exceed the number of licenses purchased for such Product. If Subscriber receives a Platform Exchange then Subscriber must immediately cease using the original Product subject to such Platform Exchange. 4. SELECT Online. 2.01. Bentley may provide SELECT support services to Subscriber either directly or, at its discretion, through authorized Bentley Channel Partners. A Channel Partner's authorization may be limited to a particular Site or Sites. Subscriber acknowledges that Channel Partners are independent contractors of Bentley, and that there is no 4.01 employer /employee relationship between Bentley and its Channel Partners. 2.02. Bentley shall provide Technical Support services to Subscriber, which includes telephone, facsimile, electronic mail, and Internet based support to assist Subscribers regarding the use of Bentley Products, CALs and services (however, not to include professional services or professional training services) and reasonable efforts to respond to technical inquiries within four hours during regular business hours. The telephone portion of Technical Support services will be available seven days a week, 24 hours per day, provided that after normal business hours at a Subscriber's regional support location, Subscriber may be required to contact another Bentley support center. 2.03. Bentley shall have no obligation to provide a response or other service hereunder if Subscriber's technical inquiry is caused by: (a) incorporation or attachment of a feature, program, or device to a Product not approved or supplied by Bentley; (b) any nonconformance caused by accident, transportation, neglect, misuse, alteration, modification, or enhancement of a Product (c) failure to provide a suitable installation environment; (d) use of the Product other than as described in its Document Set or as authorized under this Agreement; or (e) failure to incorporate any Update previously released by Bentley. Bentley shall offer SELECT support services for a given version of a Product, for at least twelve months, or until two Upgrades have been released by Bentley, whichever occurs first. 2.04. If Subscriber experiences a production- stopping anomaly, Bentley will use good faith efforts to create an appropriate solution and deliver it electronically, or through such other means as Bentley may choose in its sole discretion. 3. upgrades, updates, and Platform Exchanges 3.01. Subscriber shall have the right to receive, at no additional charge (other than shipping and handling, if applicable), Upgrades and Updates for each Product covered by the SELECT Program as such Upgrades and Updates become available. Subscriber shall also have the right to exchange, at no additional charge (other than shipping and handling, if applicable), a license for a Product (other than a Subscription License) covered by the SELECT Program on one SEL002520 -1 /0005 6/11 Subscriber shall receive access to SELECT Online as set forth below and in more detail in the applicable online agreement found at www.bentley.com (the "Online Agreement "): Bentley may, from time to time, offer certain services, including, but not limited to, training services, to its SELECT subscribers on a computer online service, electronic bulletin board, Internet site or through technology developed in the future ( "SELECT Online "). Subscriber shall use SELECT Online only in accordance with and subject to this Agreement, the terms provided herein and as supplemented from time to time in the Online Agreement that is a condition precedent to use of SELECT Online. The Online Agreement supplements this Agreement but does not supersede it in any respect. In the event of a conflict between the Online Agreement and this Agreement, the terms of this Agreement shall control. 4.02. Bentley shall have the sole right to control the format, content, delivery and all other aspects of SELECT Online. Bentley specifically reserves the right at any time to modify the information provided through SELECT Online, discontinue any portion of SELECT Online, or terminate the SELECT Online service altogether without providing Subscriber any prior notice. 4.03. Absent a written agreement with Bentley to the contrary, Subscriber's use of SELECT Online constitutes Subscriber agreement to be bound by the terms of the Online Agreement. 5. Product Licensing 5.01. General (a) Existing Licenses. Bentley and Subscriber agree that the terms of this Agreement shall amend and supplement all license agreements existing as of the Effective Date for Products (including prior versions thereof). In the event of a conflict between the terms of any license agreements existing as of the Effective Date for Products and the terms of this Agreement, the terms of this Agreement shall control until termination of this Agreement, whereupon, with respect to any perpetually licensed Products, the terms of the license agreement provided with the Product upon its delivery to Subscriber shall govern Subscriber's use of any such Product. (b) Future Licenses. In the event that Subscriber acquires or licenses a copy of a Product, Subscriber's use of such Product shall be governed by the terms of the license agreement Page 2 of 12 BENTLEY SELECT PROGRAM AGREEMENT SELECT Program Benefits Exhibit A Dated as of January 2010 provided with the Product upon its delivery to Subscriber, as Subscriber using pooled licensing hereby agrees to install and amended or supplemented by the terms of this Agreement in implement Bentley's SELECTserver or such other Bentley effect at the time of such purchase. Subscriber hereby agrees licensing technology as may be required by Bentley from time that its downloading or use of any Products delivered to it shall to time to monitor usage. Subscriber agrees and acknowledges constitute Subscriber's acceptance of the license agreement that Bentley's SELECTserver will from time to time transmit to terms provided with the Product upon its delivery to Subscriber. Bentley the usage log files generated by SELECTserver or such If Subscriber licenses additional copies of a Product that is other Bentley licensing technology. Subscriber agrees to allow already licensed by Subscriber, such additional licenses may be the above transmission to Bentley or otherwise to transmit to authorized through delivery of a new License Key and without Bentley true and accurate copies of such usage log files. For delivery or download of any additional Product. In such purposes of clarity, the right to pool licenses of Products granted instances, Subscriber agrees that the license agreement terms to Subscriber pursuant to this Section 5.02(a) of Exhibit A shall contained or cross - referenced in the License Key shall govern terminate in the event of any termination or non - renewal of this Subscriber's use of such Product. In the event of a conflict Agreement, notwithstanding that the subject Products may be between the terms of the license agreement provided with a licensed on a perpetual basis. The pooled licensing benefits set Product upon its delivery to Subscriber and the terms of this forth in this Section 5.02(a) of Exhibit A are not applicable to Agreement in effect at the time such Product is purchased, the Server Products, Client Software and associated CALs. terms of this Agreement in effect at the time such Product is purchased shall control for the term of this Agreement. (b) No- Charge Licenses. However, with respect to any perpetually licensed Product, upon any termination of this Agreement the terms and (1) If a Product is designated as eligible on SELECT Online, conditions of the license agreement provided with the Product Subscriber is hereby entitled on a non - exclusive basis, upon its delivery to Subscriber shall govern Subscriber's use of without payment of license fees but otherwise subject to the Product. the terms of this Agreement, to create Production Use copies, for use only by Subscriber, of certain Products (c) No Transfers. Subject to Section 8.01 of Exhibit B, Subscriber made available by Bentley from time to time and which shall not sell, transfer, assign, grant a security interest in, are designated by Bentley as no -charge software. ! sublicense, loan, lease or rent any of its rights under its CALs or Subscriber is entitled to redistribute such Products, which licenses to use Bentley Products without the prior written are designated by Bentley as available for such j consent of Bentley. If consent is given by Bentley, Subscriber redistribution, in machine readable form to third parties to may permanently transfer a license to another end user, which Subscriber distributes its Bentley Products files, provided all software and related documentation and media provided that Subscriber procures each such third party's covered by such license are transferred to the transferee end agreement not to further redistribute such Products. Unless user and the Subscriber does not retain any copies thereof, and Bentley specifically authorizes otherwise in writing, such provided further that the transferee end user agrees in writing free licenses granted or redistributed hereunder will expire with Bentley to cover all of its CALs and licensed Products upon termination ofthis Agreement. under the SELECT Program and be bound by the terms of the license agreement then in effect for such CAL or Product. (2) For each of Subscriber's licenses of a Product designated by Bentley as eligible on SELECT Online, Subscriber may (d) No Commercial Hosting. Products are licensed for Production at no charge receive a single CAL allowing one additional Use only. Products may not be used to provide commercial User (which User may, under the terms of Section 5.02(f) hosting services or as the basis for fee or transaction based of Exhibit A, be an External User) of that designated services. Product to install and use Client Software to access any properly licensed Server Products, for Production Use, and 5.02. Licensing Programs. Unless otherwise specifically set forth herein, in accordance with Section 5.02(f) of Exhibit A. Such Bentley Products are licensed on a Per Device basis as set forth in the CALs granted hereunder will expire upon termination of applicable end user license that ships with the Bentley Product. The this Agreement. following licensing programs are not available for all Products; please check SELECT Online to see which Products are eligible for the (c) Home Use Licenses. Unless Subscriber notifies Bentley in respective licensing programs (absent a specific designation of writing that Subscriber's employees shall not be entitled to eligibility. a Product is ineligible for any such program). Bentley obtain home use editions of a Product, Bentley will distribute reserves the right to add or remove any Product from eligibility for upon an employee's request made through Subscriber's site licensing under the following programs. Bentley reserves the right to administrator, and permit Subscriber's employees to use, discontinue any of its licensing programs at any time, without notice without charge, home use editions of certain Products (for to Subscriber. However, until renewal or termination of this which such editions are available, as designated on SELECT Agreement.. such termination of any licensing program shall not atTect Online) in accordance with the terns set forth in the license the licenses for Products previously granted pursuant to such agreement provided with such home use edition of a Product, as terminated licensing program. For purposes of clarity, all licenses amended and supplemented by this Agreement. Restrictions on previously granted pursuant to a terminated licensing program shall home use licenses include the following: home use licenses are terminate upon the renewal or termination of this Agreement. not permitted to be used for Production Use or any commercial use, including training, home use licenses are not for use in (a) Pooled Licensing. If a Product is designated as eligible on Subscriber's offices; home use licenses may not be stored on SELECT Online, then Bentley hereby grants to Subscriber a any electronic media; home use licenses must be permitted in limited non - transferable non - exclusive right to use such Product Subscriber's jurisdiction. The total number of home use editions for Production Use only on multi -user computer networks, and available to Subscriber's employees may not exceed the number to install a licensed Product on more than one computer or hard of Subscriber's Product licenses to which the home use editions disk_ provided that all users under this arrangement are at the relate. Home use editions of Products are ineligible for same Site and the number of users that Use a Product during Technical Support even if Subscriber has purchased SELECT any one interval does not exceed the number of copies of such Program services. Subscriber shall not be responsible for Product for which Subscriber has licenses at such Site. Any ensuring compliance by its employees with the Bentley home SEL002520 -1 /0005 6/11 Page 3 of 12 �7\'— BENTLEY SELECT PROGRAM AGREEMENT SELECT Program Benefits Exhibit A Dated as of January 2010 use license, nor shall Subscriber be liable for any breaches of SELECT Program services that the same CALs or such license by its employees. Such home use licenses granted Products under a perpetual license would entitle hereunder will expire upon termination of this Agreement. Subscriber to receive. (d) Evaluation of Products. If a Product is designated as eligible on SELECT Online, Bentley hereby grants to Subscriber, subject to its compliance with the procedures of this Section 5.02(d) of Exhibit A, a limited non - transferable non - exclusive right to create, using SELECT Online (following the registration requirements set forth on SELECT Online), one (1) copy per Site of each Product contained on SELECT Online solely for Evaluation Use of such Product, provided that Subscriber shall have no right to create evaluation copies of Products previously licensed by Subscriber. The duration of use of an evaluation copy shall not exceed thirty (30) days, and Bentley may provide the Product with a mechanism that will cause the Product to time out or expire after thirty (30) days. Upon the earlier of the conclusion of such (30) day evaluation period or the termination of this Agreement, Subscriber shall destroy all copies of Products created for evaluation hereunder and, upon request by Bentley, certify such destruction in writing. (e) Subscription Licensing. (1) Subscriber may, upon Bentley's approval, license certain Products, or acquire CALs, for a specified term (a "Subscription License "). A Subscription License may entitle Subscriber to license rights in a single Product (a "Product Subscription ") or a specified portfolio of Products (a "Portfolio Subscription ") for Production Use, in Object Code form and within the Country. Each Portfolio Subscription is licensed for use on a single computer at one time, and its component parts or individual Product elements, if any, may not be separated for use on more than one computer. To be eligible to participate, Subscriber must be current on all outstanding invoices for amounts owed to Bentley. (2) The license term for a Product Subscription or Portfolio Subscription shall commence upon Subscriber's receipt of the License Key and, unless earlier terminated, shall continue for the remaining current term of the Agreement or such shorter term (not less than one (1) month) as Subscriber may elect at the time the purchase order is delivered and reflected in the License Key (the "License Term "). The License Tenn (and each successive term) shall automatically renew at its expiration for a successive term equal to the then remaining term of the Agreement, or such shorter term (not less than one month) as a Subscriber may elect at the time of such renewal, unless either party gives notice of its election not to renew the License Term at least thirty (30) days prior to the expiration of the then current term. The License Term for a particular Product Subscription or Portfolio Subscription shall terminate upon termination of the Agreement or in the event of non - renewal at the end of the then current License Term as provided in the preceding sentence. (3) The fees in effect as of the date a Subscription License for a CAL, Product Subscription or Portfolio Subscription is initiated or renewed hereunder shall remain in effect for such CAL, Product or Portfolio Subscription until the expiration or renewal date of the License Term for such CAL, Product or Portfolio Subscription. On the renewal date, the prices in effect on such date shall be applicable. (4) During the License Tenn, and any renewal term, all Subscription Licenses for CALs, Product Subscriptions and Portfolio Subscriptions shall entitle Subscriber to all SEL002520- 1/0005 6/11 (5) Subscriber recognizes that the CALs, Products and Portfolios acquired or licensed under a Subscription License are provided to Subscriber for use only for the applicable License Term or any renewal term. In no event will a Subscription License continue beyond the expiration or earlier termination of the SELECT Agreement under which it is granted. Subscriber recognizes that CAL Subscriptions, Product Subscriptions and Portfolio Subscriptions may be delivered to Subscriber with embedded Time Clocks. Subscriber agrees that Time Clocks are not considered a defect of such Subscription Licenses and releases Bentley from any and all claims, however characterized, arising from or related to Time Clocks or their operation. Subscriber may not remove or evade Time Clocks. (6) In the event of any inconsistency between this Section 5.02(e) of Exhibit A and any other Section or Exhibit of this Agreement, or between this Section 5.02(e) of Exhibit A and the terms and conditions in the license agreement provided with any Product or CAL that is the subject of a Subscription License, this Section 5.02(e) of Exhibit A shall control with respect to Subscription Licenses. (f) Client Software Benefits. "Client Access License" or "CAL" is a license right to install and use Client Software and permit a User to access Server Products licensed by Subscriber. If Client Software is designated as eligible on SELECT Online, Subscriber may, up to the total number of CALs licensed by Subscriber, for Production Use only: (I) install and use Client Software, (2) permit Users, including External Users, to access Server Products licensed by Subscriber; and (3) access Server Products licensed by an External User, and the total number of CALs counted as used hereunder shall be the number of unique Users, which number shall include External Users, recorded in the usage log files transmitted pursuant to this Section 5.02(f), during the term of this Agreement. The parties acknowledge and agree that an External User may be permitted to access Server Products licensed by Subscriber using a CAL owned by that External User. Subscriber agrees to transmit to Bentley, upon Bentley's request, true and accurate copies of the usage log files generated by Server Products or such other Bentley licensing technology as may be required by Bentley from time to time, and information identifying any External User that has accessed Server Products licensed by Subscriber. Upon expiration or earlier termination of this Agreement, the terms of the license agreement provided with the Client Software and the CAL shall thereafter govern the use of such Client Software and the associated CAL, and Subscriber shall no longer be entitled to the Client Software Benefits as set forth in this Section. (g) SELECTserver. Subscriber may, upon Bentley's approval, and at no charge, receive a Subscription License for Bentley's SELECTserver Product (or such other server -based license management technology that Bentley may offer). The terms of Subscriber's use of the SELECTserver Product shall be as set forth in the license agreement provided with the SELECTserver Product, as such terms are amended or supplemented in this Agreement. Subscriber acknowledges that SELECTserver (or such other server -based license management technology that Bentley may offer) may be delivered to Subscriber with embedded Time Clocks. Subscriber agrees that Time Clocks are not considered a defect of the Product and releases Bentley from any and all claims, however characterized, arising from or related to Time Clocks or their operation. Subscriber may not Page 4 of 12 BENTLEY SELECT PROGRAM AGREEMENT SELECT Program Benefits Exhibit A Dated as of January 2010 remove or evade Time Clocks. Subscriber agrees and acknowledges that Bentley's SELECTserver will from time to time transmit to Bentley the usage log files generated by SELECTserver or such other Bentley licensing technology. Subscriber agrees to allow the above transmission to Bentley or otherwise to transmit to Bentley true and accurate copies of such usage log files. SELECT Program Fees 6.01. Subscriber shall pay to Bentley the applicable SELECT Program Fee in effect for each Product licensed or CAL acquired as of the Effective Date of this Agreement. Subscriber shall pay to Bentley the applicable SELECT Program Fee in effect for each additional Product licensed or CAL acquired during the term hereof as of the date such additional Product license or CAL is purchased. With respect to the Products licensed or CALs acquired by Subscriber during the term of the Agreement, the fees in place as of the Effective Date, or, with respect to additional Products licensed or CALs acquired, as of the date of such purchase, shall remain in effect for the Subscriber until the date of the next renewal of this Agreement, at which time the fees shall be changed to those charged by Bentley as of such renewal date, provided that no changes in fees for Products or CALs covered shall be effective until thirty (30) days after Subscriber receives notice of such changes. Subscription License fees as set forth in Section 5.02(e) of this Exhibit A are inclusive of SELECT Program coverage and no additional fees for SELECT Program coverage shall apply for Products licensed or CALs acquired under a Subscription License. 6.02. Bentley shall initially invoice Subscriber for one (1) year of SELECT Program Fees for all Product licenses and CALs as of the Effective Date of this Agreement. Bentley shall provide Subscriber with a pro- rated annual invoice for all Product licenses and CALs purchased during the first year following the Effective Date of this Agreement. As of the first anniversary of the Effective Date of this Agreement, invoices for SELECT Program Fees for Product licenses and CALs shall be issued quarterly or annually. Invoices reflecting new Product licenses or CALs will include a prorated amount reflecting coverage of the Product or CAL under the SELECT Program during the preceding invoice period plus the full amount for the current invoice period. Bentley may modify the timing of invoicing hereunder at any time. 6.03. Calculation and payment of the SELECT Program Fee hereunder shall be based on the local price and local currency of the Subscriber's Site where the related Products or CALs are used. SEL002520- 1/0005 6/11 Page 5 of 12 BENTLEY SELECT PROGRAM AGREEMENT General Terms and Conditions Exhibit B Dated as of January 2010 I. Definitions. 1.16. "Object Code" means the Products in a machine readable form that The capitalized words, terms and phrases in this Agreement shall is not convenient to human understanding of the program logic, and have the meanings set forth below: that can be executed by a computer using the appropriate operating system without compilation or interpretation. Object Code 1.01. "Agreement" means the SELECT Program Agreement executed by specifically excludes source code. Bentley and the Subscriber and all exhibits, attachments and 1.17. "Online Agreement" shall be defined as set forth in Exhibit A, amendments as in effect from time to time. Section 4 herein. 1.02. "Bentley Products" or "Products" mean the software products, data 1.18. "Order" shall be defined as set forth in Exhibit C, Section 1.01 and other materials, previously or hereafter distributed by Bentley through delivery mechanisms determined in Bentley's sole discretion herein. (including but not limited to distribution via SELECT Online through 1.19. "Pre- Existing Works" shall be defined as set forth in Exhibit C, download or by ordering through CD format) that Bentley makes available to Subscriber typically in Object Code form only, for Section 1.08 herein. licensing hereunder, including Updates and Upgrades thereto. 1.20. "Platform Exchange" shall be defined as set forth in Exhibit A, 1.03. "CAL" shall be defined as set forth in Exhibit A, Section 5.02(1) Section 3.01 herein. herein. 1.21. "Portfolio Subscription" shall be defined as set forth in Exhibit A, 1.04. "Channel Partner" or "Bentley Channel Partner" means Section 5.02(e)(1) herein. individuals and companies who are authorized by Bentley to provide 122. "Product Subscription" shall be defined as set forth in Exhibit A, SELECT support services as set forth in Exhibit A, Section 2. Section 5.02(e)(1) herein. 1.05. "Client Software" means software that allows a Device to access or utilize (or where applicable, be managed by) Server Products (and, 123. "Production Use" means use of a Bentley Product in Object Code also where applicable, to utilize certain aspects of the Products when form by a User or Device, as applicable, solely for Subscriber's disconnected from the Server). internal production purposes, and excludes External Users (except with respect to use of CALs and access of Server Products pursuant to 1.06. "Country" means the country: (i) where the Product is first obtained Exhibit A, Section 5.02(f) herein) and Service Bureau Use. from Bentley or a Channel Partner, or (ii) specified in the purchase order for which a Production Use copy of the Product may be made 124. "Proprietary Information" shall be defined as set forth in Exhibit or the Product is authorized to be used. B, Section 3.06(a) herein. 1.07. "Definition of Use" shall have the meaning set forth in each License 1.25. "SELECT Online" shall be defined as set forth in Exhibit A, Section Key. 4.01 herein. 1.08. "Device" means a single personal computer, workstation, terminal, 126. "SELECT Program Fee" means the fee for SELECT Program hand held computer, pager, telephone, personal digital assistant, services as set forth from time to time in Bentley's sole discretion. Server, or other electronic device. 1.27. "SELECTserver" means Bentley's server -based licensing 1.09. "Distribute" means distribution by Bentley through all means now technology. known or hereinafter developed. 1.28. "Serial Number" means a unique number issued by Bentley for 1.10. "Document Set" means, with respect to a Product, one copy of one identification of a particular copy of a Product, which number shall be or more user guides developed for use with such Product in electronic registered to Subscriber and assigned by Subscriber to a particular format or such other format as elected by Bentley in its sole copy ofsuch Product. discretion. 1.29. "Server" means one of Subscriber's computers that can run a Server 1.11. "Effective Date" means the date that this Agreement is accepted by Product. Bentley as indicated on the first page of this Agreement. 1.30. "Server Product" means a Product that provides services or 1.12. "Evaluation Use" means the use of a Bentley Product solely for functionality to Subscriber's Server(s). internal evaluation of such Product. Evaluation Use expressly excludes use in connection with ongoing projects, use for 131. "Service Bureau Use" includes managing, hosting, distributing or compensation of any kind, and Production Use. otherwise providing access to Products across a wide area network. 1.13. "External User" means any User (not an organization) who is not: (i) one of Subscriber's full -time, part-time, or temporary employees; or (ii) agency temporary personnel or an independent contractor on assignment at Subscriber's place of business or work -site. 1.14. "License Key" means the document furnished by Bentley in electronic or such other format as determined in Bentley's sole discretion, to Subscriber identifying the Product licensed and authorizing use of a Product. 1.15. "License Term" shall be defined as set forth in Exhibit A, Section 5.02(e)(2) herein. SEL002520 -1 /0005 6/11 1.32. "Site" means all of the discrete geographic locations at which Subscriber Uses or manages the operation of Products within the geographic boundaries of a single Country. 133. "Subscriber" shall be defined as set forth on the front page of this Agreement, and with respect to Use of Products the term "Subscriber" shall refer to: (i) one of Subscriber's full -time, part- time, or temporary employees, or (ii) agency temporary personnel or an independent contractor engaged in Production Use on assignment at Subscriber's place of business or work -site. Page 6 of 12 BENTLEY SELECT PROGRAM AGREEMENT General Terms and Conditions Exhibit B Dated as of January 2010 134. "Subscription License" shall be defined as set forth in Exhibit A, Subscriber has complied with its obligations hereunder. These records Section 5.02(e)(1) herein. shall include the location and identification of the Subscriber hardware on which Subscriber uses each copy of the CALs or 1.35. "Subscription Licensing" means acquisition of a CAL or licensing Products. Subscriber shall, upon seven (7) days advance written of a Product or portfolio of Products as set forth in Section 5.02(e) of notice by Bentley, permit reasonable inspection and copying of such Exhibit A of this Agreement. records by Bentley or a third -party auditor retained by Bentley at the offices of Subscriber during regular working hours. 1.36. "Technical Support" means telephone, facsimile, Internet and electronic mail based support to assist a subscriber to the SELECT 3. Intellectual Property Rights Program as described in Exhibit A, Section 2.02 of this Agreement. 1.37. "Time Clocks" means copy - protection mechanisms, or other security 3.01. Title; Reservation of Rights. Subscriber acknowledges and agrees devices which may deactivate Products or CALs, including Bentley's that: SELECTserver, after termination or expiration of the Agreement, any (a) The Products, including the Document Sets for each Product, applicable License Term or any applicable renewal term. and any information which Subscriber obtains through the 1.38. "Update" means a maintenance release of a Product. SELECT Program or the use of SELECT Online or any other means of electronic transmission, contain proprietary 1.39. "Upgrade" means a commercial release of a Product which has information of Bentley, its licensors or other suppliers, and are substantial added functionality over the Product it is intended to protected under United States copyright laws, other applicable replace. copyright laws, other laws relating to the protection of intellectual property, and international treaty provisions; 1.40. "Use" (whether or not capitalized) means utilization of the Product or (b) The entire right, title and interest in and to the Products, the CAL by an individual or when a Product has been loaded into Document Sets, any information Subscriber obtains through the temporary memory (i.e. RAM) or installed into permanent memory SELECT Program or the use of SELECT Online or any other (e.g. hard disk, CD -ROM, or other storage device) of a computer. means of electronic transmission, and all associated intellectual 1.41. "User" means an individual person. property rights, shall remain with Bentley or its licensors; 1.42. "Work" shall be defined as set forth in Exhibit C, Section 1.01 (c) The Products are licensed, not sold, and title to each copy of the herein. Products shall remain with Bentley or its licensors, and shall not pass to Subscriber; and 1.43. "Work Product" shall be defined as set forth in Exhibit C, Section (d) Bentley retains all rights not expressly granted. 1.01 herein. 3.02. Source Code. Subscriber shall have no right hereunder to receive, 2. Payment of Bentley Invoices. review, use or otherwise have access to the source code for the Products. 2.01. Payment Terms. Subscriber shall pay each Bentley invoice for all 3.03. Copyright Notices. Subscriber shall reproduce and include on all CALs. Product licenses and services provided hereunder within thirty copies of the Products created by Subscriber all copyright notices and (30) days from the date of such invoice. Interest shall accrue on proprietary legends of Bentley or its licensors as they appear in or on delinquent payments of such invoices at the rate of one and one -half the original media containing the Products supplied by Bentley. percent (1.5 %) per month or the highest rate permitted by applicable law, whichever is less. In the event any payment hereunder is past 3.04. Reproduction of Document Sets. Subscriber may reproduce the due, Bentley, at its discretion, may suspend or, after notice of such Document Sets for its internal, non - commercial use only, but the overdue payment and a thirty (30) day period to cure, terminate cumulative number of such reproduced Document Sets may not Subscriber's services, rights, and licenses provided under this exceed the number of Products licensed by Subscriber that Agreement. correspond to the Document Sets. 2.02. Taxes. Subscriber shall pay to Bentley all levied taxes that 3.05. Reverse Engineering. Subscriber may not decode, reverse engineer, Bentley is required under applicable law to collect from Subscriber by reverse assemble, reverse compile, or otherwise translate the Products reason of the transactions contemplated by this Agreement, including, but not limited to sales, use, occupation, value added, or Document Sets except and only to the extent that such activity is excise, and property taxes (except for taxes based on Bentley's net expressly permitted by applicable law notwithstanding this limitation. income). If Subscriber is obligated under an applicable law to To the extent that Subscriber is expressly permitted by law to withhold or deduct taxes from any payment of SELECT Program undertake any of the activities listed in the previous sentence, Fees to Bentley, Subscriber shall furnish to Bentley official receipts Subscriber will not exercise those rights until i has provided Bentley evidencing Subscriber's payment of such taxes. with thirty (30) days prior written notice of its i ntent to exercise such rights. 2.03. Local Price and Currency. Calculation and payment of the SELECT 3.06. Proprietary Information. Program Fee or any separate price for all CALs, Products and services hereunder shall be based on the local price and local (a) Subscriber understands and agrees that Bentley may, in currency of the Subscriber's Site where such CAL, Product or service connection with the provision of CALs, Products and services s used. hereunder, disclose to Subscriber confidential, proprietary and 2.04. Records; Audit. Subscriber shall maintain complete and accurate technical information pertaining to Bentley Products and to records of CALs and Product licenses prior to the date of this Bentley's technology and business practices (collectively Agreement and its creation and use of the CALs acquired and "Proprietary Information "). Subscriber agrees to treat all Products licensed hereunder to permit Bentley to determine whether SEL002520 -1 /0005 6/11 Page 7 of 12 25G -11 BENTLEY SELECT PROGRAM AGREEMENT General Terms and Conditions Exhibit B Dated as of January 2010 Proprietary Information in accordance with this Section 3.06 of SUPPORT SERVICES AND OTHER MATERIALS AND Exhibit B. SERVICES LICENSED, DELIVERED OR OTHERWISE FURNISHED BY BENTLEY UNDER THIS AGREEMENT. (b) Subscriber shall maintain the confidentiality of all Proprietary BENTLEY DOES NOT WARRANT THAT THE PRODUCTS, Infonmation. Subscriber shall not reproduce or copy Proprietary SELECT SUPPORT SERVICES, OR ANY OTHER SERVICE OR Information except as permitted in this Agreement or as may be MATERIALS WILL MEET SUBSCRIBER'S REQUIREMENTS, expressly authorized in writing in advance by Bentley. All such BE FREE FROM VIRUSES OR OPERATE UNINTERRUPTED OR copies shall be marked by Subscriber as proprietary and ERROR FREE. BENTLEY HEREBY DISCLAIMS ALL OTHER confidential information. WARRANTIES EITHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES (c) Subscriber shall only use Proprietary Information in furtherance AGAINST NON - INFRINGEMENT AND THE IMPLIED of this Agreement, and may disclose Proprietary Information WARRANTIES OF MERCHANTABILITY, SATISFACTORY only to those employees required to have knowledge of same to QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. perform their duties pursuant to this Agreement. Subscriber THESE EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER AS shall not disclose or make Proprietary Information available to SOME STATES /JURISDICTION DO NOT ALLOW THE any third party at any time. EXCLUSION OF CERTAIN WARRANTIES. (d) Subscriber shall treat Proprietary Information with the same 4.03. Exclusive Remedy. The entire liability of Bentley and the sole and degree of care as it uses to protect its own confidential exclusive remedy of Subscriber shall be, in Bentley's sole and information, and in no case less than a reasonable degree of absolute discretion, (i) to repair or replace a Product or other care materials in breach of the foregoing warranties, (ii) to advise Subscriber how to achieve the same functionality with the Product as (e) Upon the termination or non - renewal of this Agreement, described in the Document Set through a procedure different from Subscriber shall return to Bentley or, if so requested, destroy all that set forth in the Document Set, or (iii) to return the purchase price Proprietary Information in its possession. or fees paid therefore, where written notice of such breach, specifying the defect, is furnished to Bentley during the Warranty Period. (f) Subscriber shall have no obligation of confidentiality with Repaired, corrected, or replaced Products and Document Sets shall be respect to any Proprietary Information that (i) has entered the covered by this limited warranty for ninety (90) days after the date: public domain other than through a breach of this Agreement, (a) of shipment to Subscriber of the repaired or replaced Products and (ii) has been rightfully obtained by Subscriber from a third party Document Sets, or (b) Bentley advised Subscriber how to operate the with no obligation of confidentiality, or (iii) is previously Products so as to achieve the functionality described in the Document known by Subscriber as demonstrated by clear and convincing Sets. evidence. 4.04. Exclusion of Damages. IN NO EVENT SHALL BENTLEY AND (g) Subscriber shall promptly inform Bentley upon knowledge of ITS LICENSORS AND SUPPLIERS BE LIABLE TO any actual or potential unauthorized use or disclosure of the SUBSCRIBER FOR ANY INDIRECT, INCIDENTAL, SPECIAL Proprietary Information. OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WITHOUT 3.07. No Benchmarks. Subscriber may not disclose the results of any LIMITATION LOST PROFITS, COSTS OF DELAY, Product testing, including but not limited to benchmarks, to any third INTERRUPTION OF BUSINESS, LOSS OF USE, INABILITY TO party without first obtaining Bentley's written consent to do so. ACCESS ONLINE SERVICES, ANY FAILURE OF DELIVERY, COSTS OF LOST OR DAMAGED DATA OR 4. Limited Ni "arranh; limitation of Remedies and Liability DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF BENTLEY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE 4.01. Limited Warranty to Subscriber. Except for Products licensed POSSIBILITY OF SUCH DAMAGES OR CLAIMS. BECAUSE under Section 5.02(b), Section 5.02(c) or Section 5.02(d) of Exhibit A SOME STATES /JURISDICTIONS DO NOT ALLOW FOR THE hereof, which are provided to Subscriber "AS -IS" and without EXCLUSION OR LIMITATION OF LIABILITY FOR warranty of any kind, Bentley hereby warrants for the benefit only of CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE Subscriber that (a) for a period of ninety (90) days ( "Warranty LIMITATION MAY NOT APPLY TO SUBSCRIBER. Period ") from the date of delivery to Subscriber of a Serial Number or Product, as the case may be, the Product shall, under normal use, 4.05. Disclaimer. Subscriber acknowledges that the Products are not fault - operate in substantial conformance with the functional specifications tolerant and have not been designed, manufactured or intended for set forth in the Document Set applicable to such Product, and (b) for a use and will not be used in the development of weapons of mass period of ninety (90) days from the date of delivery, other products destruction, as on -line control equipment in hazardous environments and materials furnished by Bentley to Subscriber shall, under normal requiring fail -safe performance, such as in the operation of nuclear use, operate in substantial conformance with the Bentley facilities, aircraft navigation or communication systems, air traffic documentation applicable to such products and materials. If any control, direct life support machines, or weapons systems, in which modifications, enhancements or changes are made by Subscriber or at the failure of the Products could lead directly to death, personal Subscriber's direction to the Products, if the Products are reverse- injury, or severe physical or environmental damage. Subscriber engineered, decompiled or disassembled, or if Subscriber breaches further acknowledges that the Products are not substitutes for the terms of this Agreement, then the warranties in this section shall Subscriber's professional judgment, and accordingly, neither Bentley be immediately terminated. This limited warranty gives Subscriber nor its licensors or suppliers are responsible for Subscriber's use of specific legal rights, Subscriber may have other rights which may the Products or the results obtained from such use. The Products are vary from state /jurisdiction to state /jurisdiction. intended only to assist Subscriber in its business, and are not meant to be substitutes for Subscriber's independent testing and verification of 4.02. Exclusion of Warranties. THE WARRANTIES STATED IN stress, safety, utility or other design parameters. SECTION 4.01 ARE BENTLEY'S SOLE AND EXCLUSIVE WARRANTIES PERTAINING TO THE PRODUCTS, SELECT SEL002520 -1 /0005 6/11 Page 8 of 12 BENTLEY SELECT PROGRAM AGREEMENT General Terms and Conditions Exhibit B Dated as of January 2010 4.06. Limitation of Bentley Liability. IN THE EVENT THAT, NOTWITHSTANDING SECTIONS 4.01, 4.02, 4.03, 4.04 AND 4.05 OF THIS EXHIBIT B, BENTLEY IS FOUND LIABLE FOR DAMAGES BASED ON ANY BREACH, DEFECT, DEFICIENCY OR NON - CONFORMITY IN A PRODUCT, IN SELECT SUPPORT SERVICES, OR IN ANY OTHER SERVICE OR MATERIALS,WHETHER IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER ANY 6 REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE BY LAW, BENTLEY'S CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE PRICE PAID BY SUBSCRIBER FOR (i) SUCH PRODUCT, (ii) A ONE -YEAR SUBSCRIPTION TO THE SELECT PROGRAM, OR (iii) SUCH OTHER DEFECTIVE SERVICE OR MATERIALS, AS THE CASE MAY BE. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN BENTLEY AND SUBSCRIBER. BENTLEY'S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. 4.07. Indemnification by Bentley. Bentley shall pay any damages finally awarded against Subscriber based on a claim against Subscriber that a Product which is developed and owned by Bentley infringes a third party's copyright under the laws of a Berne Convention signatory country, or results in a misappropriation of a third party's trade secret, in the Country where Subscriber has been authorized to place the Product subject to such claim into Production Use, if Subscriber provides to Bentley: (a) prompt written notice of any such claim, (b) all available information and assistance, and (c) the opportunity to exercise sole control of the defense and settlement of any such claim. Bentley shall also have the right, at its expense, either to procure the right for Subscriber to continue to use the Product or to replace or modify such Product so that it becomes non - infringing. If neither of the foregoing alternatives is available on terms that Bentley, in its sole discretion, deems desirable, Subscriber shall, upon written request from Bentley, return to Bentley the allegedly infringing Product, in which event Bentley shall refund to Subscriber the price paid by Subscriber for each copy of such returned Product, less twenty percent (20 %) for each elapsed year since the commencement of the license for such copy. Bentley shall have no liability and this indemnity shall not apply if the alleged infringement is contained in a Product which is not developed or owned by Bentley or is due to modification of the Product by Subscriber or the combination, operation or use of a Product with other software that does not originate from Bentley or if Subscriber is in breach of this Agreement. Bentley shall also have no liability, and this indemnity shall not apply, for the portion of any claim of infringement based on use of a superseded or altered release of a Product if the infringement would have been avoided by the use of a current, unaltered release of the Product. In no event shall Bentley's liability hereunder to Subscriber exceed the license fees paid by Subscriber for the allegedly infringing Product. This Section 4.07 sets forth Subscriber's sole remedy for intellectual property infringement. 5. Export (' ontrols. The Products have been manufactured or developed in the United States of America and accordingly may be subject to U.S. export control laws, regulations and requirements. Regardless of any disclosure made by Subscriber to Bentley of an ultimate destination of the Products, Subscriber must not export or transfer, whether directly or indirectly, the Products, or any portion thereof, or any system containing such Products or portion thereof, to anyone outside the United States (including further export if Subscriber took delivery of the Products outside the United States) without first complying strictly and fully with all export controls that may be imposed on the Products by the United States Government or any country or organization of nations within whose jurisdiction Subscriber uses the SEL002520 -1 /0005 6/11 Products. The countries subject to restriction by action of the United States Government are subject to change, and it is Subscriber's responsibility to comply with the United States Government requirements as they may be amended from time to time. Subscriber shall indemnify, defend and hold Bentley harmless for any breach of its obligations pursuant to this Section. I S. Government Restricted Rights. If the Products are acquired for or on behalf of the United States of America, its agencies and /or instrumentalities ( "U.S. Government "), it is provided with restricted rights. The Products and accompanying documentation are "commercial computer software" and "commercial computer software documentation," respectively, pursuant to 48 C.F.R. 12.212 and 227.7202, and "restricted computer software" pursuant to 48 C.F.R. 52.227- 19(a), as applicable. Use, modification, reproduction, release, performance, display or disclosure of the Products and accompanying documentation by the U.S. Government are subject to restrictions as set forth in this Agreement and pursuant to 48 C.F.R. 12.212, 52.227 -19, 227.7202, and 1852.227 -86, as applicable. Term; Termination 7.01. Term. This Agreement and Subscriber's SELECT Program subscription shall become effective on the Effective Date, and shall continue for an initial term of twelve (12) months (unless Attachment 1 provides for a longer duration of the initial term), and shall automatically renew for terms of like tenure unless either party gives notice of its election to not renew the term at least thirty (30) days prior to the expiration of the then - current term. 7.02. Termination for Material Breach. Either party may, at its option, terminate this Agreement in the event of a material breach of this Agreement by the other party. Any such termination may be effected only through a written notice to the other party, specifically identifying the breach or breaches on which termination is based. Following receipt of such notice, the party in breach shall have twenty-one (21) days to cure such breach or breaches, and this Agreement shall terminate in the event that such cure is not made by the end of such period; provided, however, Bentley shall have the right to terminate this Agreement immediately if Subscriber breaches any of its obligations under Section 3 of this Exhibit B. The failure of Subscriber to pay an outstanding invoice of Bentley shall always constitute a material breach of this Agreement. 7.03. Insolvency. If, under applicable insolvency laws, Subscriber becomes unable to pay its debts or becomes insolvent or bankrupt or makes arrangements with its creditors, or otherwise goes into liquidation, administration or receivership, then Bentley shall have the right to terminate this Agreement immediately by written notice. 7.04. Consequences of Termination. Upon the termination of this Agreement for any reason, all of the rights and licenses granted to Subscriber in this Agreement shall terminate immediately. With respect to any perpetually licensed Products, the terms and conditions set forth in the license agreement delivered with such Products and the Definition of Use shall govern Subscriber's use of such Products. Subscriber shall immediately discontinue use of SELECT Online. 7.05 Reinstatement Following Termination. Following a termination of the SELECT Program, Subscriber may reinstate such services only if Bentley consents to such reinstatement and Subscriber pays to Bentley, in advance, a SELECT reinstatement fee, in an amount to be determined in Bentley's sole discretion, such amount not to exceed the amount of all fees that would have accrued and been payable, excluding discounts, for the period between the date of termination and the date of reinstatement. Page 9 of 12 BENTLEY SELECT PROGRAM AGREEMENT General Terms and Conditions Exhibit B Dated as of January 2010 8. Miscellaneous. International Sale of Goods, as amended, and of the Uniform Computer Information Transactions Act, as it may have been or 8.01. Assignment. Subscriber shall not assign this Agreement or delegate hereafter may be in effect in any jurisdiction, shall not apply to this its duties hereunder without prior written consent by Bentley. For Agreement. purposes of this Agreement, a change in control of Subscriber shall be considered an assignment for which Bentley's prior written consent is 8.10. Arbitration. In the event of any dispute, controversy or claim hereby granted provided that the surviving entity from such change in between the parties arising under this Agreement, the parties shall control must enter into a SELECT Agreement. This Agreement may submit to binding arbitration before a single arbitrator in Philadelphia, be assigned by Bentley to any successor in interest to Bentley's Pennsylvania in accordance with the Commercial Arbitration Rules of business or to any direct or indirect wholly -owned subsidiary of the American Arbitration Association. The decision of the arbitrator Bentley Systems, Incorporated. Any purported assignment in shall be final and binding on the parties, and the judgment upon the violation of this provision shall be void and without effect. award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney's fees, 8.01 Entire Agreement. This Agreement, together with the Exhibits and costs, and expenses incurred in such arbitration. signed Amendments, if any, incorporate the entire agreement of the parties and supersede and merge all prior oral and written agreements, 8.11. Independent Contractor. Bentley's relationship with Subscriber for discussions and understandings between the parties with respect to all purposes hereunder shall be that of an independent contractor and the subject matter hereof. The terms and conditions of this Agreement nothing herein shall be construed as creating, at any time, an and of the applicable Bentley confirmation shall apply to each order employer and employee relationship between the parties. accepted or shipped by Bentley hereunder. Any additional or different terms or conditions appearing on a purchase order issued by 8.12. Change of Ownership. Subscriber shall provide Bentley with sixty Subscriber hereunder, even if Bentley acknowledges such terms and (60) days advance written notice of any changes in its ownership or conditions, shall not be binding on the parties unless both parties location. expressly agree in a separate writing as provided under Section 8.03 of this Exhibit B. 8.13. Headings. The headings in this Agreement are intended solely for convenience of reference and shall not affect the meaning or 8.03. Amendments. Except as otherwise contemplated herein with respect interpretation of this Agreement. to updating, amending and supplementing the exhibits, this Agreement may only be amended or modified by a writing duly executed by authorized representatives of the parties, provided, however, that any additional or different terms or conditions appearing on a purchase order, even if required to be acknowledged by Bentley, shall not be binding on the parties. 8.04. Notices. Notices under this Agreement shall be made or given as of the date of either hand delivery or mailing to such party, if sent prepaid certified mail or next day air delivery to the address set forth on the first page of this Agreement. All notices under this Agreement shall be addressed, if to Bentley, to its General Counsel, and if to Subscriber, to its authorized representative identified in this Agreement or in a subsequent notice to Bentley. 8.05. Force Majeure. Bentley shall not be liable for failure to fulfill the terms of this Agreement due to fire, strike, war, government regulations, acts of God, labor disturbances, acts of terrorism or other causes which are unavoidable and beyond its control. 8.06. Waiver. The failure of either party to insist upon any of its rights under this Agreement upon one or more occasions, or to exercise any of its rights, shall not be deemed a waiver of such rights on any subsequent occasions. 8.07. Survival. The covenants contained in this Agreement which, by their terms, require or contemplate performance by the parties after the expiration or termination of the Agreement (including, but not limited to, Sections 5.01(a), (b), (c) and (d) and 6.01 of Exhibit A, Sections 1, 2, 3, 4, 5, 6, 7.04. 7.05 and 8 of Exhibit B, and Sections 1.06, 1.07, 1.08, 1.09, 1.10, 1.1 1, 1.12, 1.14, 1.16 and 1.17 of Exhibit C) shall be enforceable notwithstanding said expiration or termination. 8.08. Severability. The provisions of this Agreement shall be severable and the invalidity or unenforceability of any one provision shall not affect any other unless otherwise noted. 8.09. Governing Law. This Agreement shall be governed by, interpreted, and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions. To the maximum extent permitted by applicable law, the parties agree that the provisions of the United Nations Convention on Contracts for the SEL002520 -1 /0005 6/11 Page 10 of 12 I. 1.01 BENTLEY SELECT PROGRAM AGREEMENT Professional Services Exhibit C Dated as of January 2010 Professional Services. Subscriber may request professional services from time to time and Bentley may agree to perform such services pursuant to this Agreement. The description of professional services requested by Subscriber and which Bentley agrees to perform shall be set forth in one or more written descriptions labeled "SELECT Professional Services" and signed by Subscriber and Bentley (each an "Order "). Bentley shall have the right to accept or decline any proposed Order. Each Order shall set forth, at a minimum, the work to be done, the number of Bentley's personnel to be assigned to Subscriber's work, the duration of each individual's assignment, and the fees for the work. The services and other provisions described on the Order(s) are referred to collectively as the "Work" while the results of the Work, if any, are referred to as the "Work Product." 1.02. Method of Performance. Bentley, in conjunction with its personnel, will determine the method, details, and means of performing the work to be carried out for Subscriber, including the use of sub - contractors if deemed necessary. Subscriber shall have no right to, and shall not, control the manner or determine the method of accomplishing such work. Subscriber may, however, require Bentley's personnel to observe at all times the security and safety policies of Subscriber. In addition, Subscriber shall be entitled to exercise a broad general power of supervision and control over the results of work performed by Bentley to ensure satisfactory performance. This power of supervision shall include the right to inspect, stop work, make suggestions or recommendations as to the details of the work, and request modifications to the scope of an Order. 1.03. Scheduling. Bentley will try to accommodate work schedule requests of Subscriber to the extent possible. Should any personnel of Bentley be unable to perform scheduled services because of illness, resignation, or other causes beyond Bentley's reasonable control, Bentley will attempt to replace such personnel within a reasonable time, but Bentley shall not be liable for failure if it is unable to do so, giving due regard to its other commitments and priorities. 1.04. Reporting. Subscriber will advise Bentley of the individuals to whom Bentley's manager will report progress on day -to -day work. Subscriber and Bentley shall develop appropriate administrative procedures for performance of work at Subscriber's site, if necessary. Subscriber shall periodically prepare an evaluation of the work performed by Bentley for submission to Bentley upon Bentley's request. 1.05. Pace of Work. Certain projects or tasks may require Bentley's personnel to perform work for Subscriber at Subscriber's premises. In the event that such projects or tasks are required to be performed at Subscriber's premises, Subscriber agrees to provide working space and facilities, and any other services and materials Bentley or its personnel may reasonably request in order to perform their work. Subscriber recognizes that there may be a need to train Bentley's personnel in the unique procedures used at Subscriber's location. When Subscriber determines that such training is necessary, Subscriber shall, unless otherwise agreed in writing, pay Bentley for its personnel's training time. 1.06. Non - Exclusive. Bentley shall retain the right to perform work for others during the term of this Agreement. Subscriber shall retain the right to cause work of the same or a different kind to be performed by its own personnel or other contractors during the term of this Agreement. 1.07. Perpetual License. Upon full payment for the Work, Bentley shall grant Subscriber a paid -up, perpetual, royalty -free right and license SEL002520 -1 /0005 6/11 to use the Work Product for Production Use. Bentley retains all right, title and interest to the Work Product not otherwise granted to Subscriber. 1.08. Preexisting Works of Bentley. Notwithstanding Section 1.07 of Exhibit C hereof, Bentley hereby reserves and retains ownership of all works which Bentley created unrelated to the Work performed pursuant to any Order, including but not limited to Products (the "Pre- Existing Works "). Bentley does not grant Subscriber any rights or licenses with respect to the Pre - Existing Works. 1.09. Residuals. It is mutually acknowledged that, during the normal course of its dealings with Subscriber and the Work, Bentley and its personnel and agents may become acquainted with ideas, concepts, know -how, methods, techniques, processes, skills, and adaptations pertaining to the Work, including those that Subscriber considers to be proprietary or secret. Notwithstanding anything in this Agreement to the contrary, and regardless of any termination of this Agreement, Bentley shall be entitled to use, disclose, and otherwise employ any ideas, concepts, know -how, methods, techniques, processes, and skills, adaptations, including generalized features ofthe sequence, structure, and organization of any works of authorship, in conducting its business (including providing services or creating programming or materials for other customers), and Subscriber shall not assert against Bentley or its personnel any prohibition or restraint from so doing. 1.10. Third -Party Interests. Subscriber's interest in and obligations with respect to any programming, materials, or data to be obtained from third -party vendors, regardless of whether obtained with the assistance of Bentley, shall be determined in accordance with the agreements and policies of such vendors. IJ 1. Fees. Bentley shall be paid the fee as specified in each Order (which Bentley reserves the right to change upon at least sixty (60) days advance notice or at any time for any new Order or modified portion of an existing Order), or, if no fee is specified, at Bentley's customary rates for the level of personnel providing such services. 1.12. Expenses. Subscriber shall also pay either the actual cost of Bentley's reasonable travel and living expenses or an agreed -to amount for such travel and living expenses (other than normal commutation travel) for Bentley employees in the performance of Work set forth in each Order along with all other out -of- pocket expenses incurred by Bentley. 1.13. Estimates. Estimates of total fees for projects may be provided in an Order, but Bentley does not guarantee such estimates. Bentley will, however, notify Subscriber as soon as possible if it will exceed the estimate, and Subscriber may then terminate the project and pay only for services actually rendered if Subscriber so chooses. 1.14. Confidentiality. In the performance of the Work, Bentley may acquire information of Subscriber which is proprietary, non - public and identified in writing as confidential by Subscriber. Bentley shall not disclose to anyone not employed by Subscriber nor use except on behalf of Subscriber any such confidential information acquired in the performance of the Work except as authorized by Subscriber in writing and as may be permitted by Section 1.09 of this Exhibit C. Bentley shall have no obligation of confidentiality with respect to any information of Subscriber that (i) has entered the public domain other than through a breach of this Agreement, (ii) has been rightfully obtained by Bentley from a third party with no obligation of confidentiality, or (iii) is previously known by Bentley as demonstrated by clear and convincing evidence. Notwithstanding the foregoing restrictions, Bentley and its personnel may use and disclose any information to the extent required by an order of any court or other governmental authority Page 11 of 12 BENTLEY SELECT PROGRAM AGREEMENT Professional Services Exhibit C Dated as of January 2010 or as necessary for it or them to protect their interest in this Agreement, but in each case only after Subscriber has been so notified and has had the opportunity, if possible, to obtain reasonable protection for such information in connection with such disclosure. 1.15. Term. This Exhibit C will become effective as of the date of the first executed Order and will continue in effect through the completion of each Order. 1.16. Termination of Orders. Subscriber or Bentley may terminate any uncompleted Order at any time by giving thirty (30) days written notice to the other party. Upon such termination, Bentley agrees to stop Work under the Order in question and to forward to Subscriber all completed or uncompleted drawings, reports or other documents relating to the Work. In the event of such termination Subscriber shall be liable only for such fees, costs and expenses as have accrued prior to the effective date of such termination. 1.17. Prohibition on Hiring. Subscriber shall not solicit for employment or hire any Bentley employees providing professional services hereunder for the duration of the Work, plus a period of one (1) year after completion of the professional services provided hereunder SEL002520 -1 /0005 6/11 25G -16 Page 12 of 12 BENTLEY SYSTEMS, INCORPORATED a BENTLEY® ATTACHMENT 1 SELECT PROGRAM AGREEMENT Bentley SELECT Agreement Number: Steps to a Properly Completed Attachment I: 1. Indicate the Term of the Agreement below. 2. Complete a Site Information form for each covered Site 3. Review the information regarding SELECTserver Online. 4. Insert Attachment I into the Bentley SELECT Program Agreement Agreement Term *: ❑ 12 Months ❑ 24 Months ❑ 36 Months ❑ Other: The Agreement Term is subject to Bentley's review and approval SEL002710 -I /0001 Attachment I BENTLEY SELECT PROGRAM AGREEMENT SITE INFORMATION Please complete a copy of this form for each covered Site (as defined in Exhibit B, Section 1.32) Bentley's processes for the delivery of License, Invoice and other information are optimized for electronic delivery. For the most effective communication, please ensure that email addresses are provided for all contact persons. Bentley will establish Online SELECTservices User permissions for the Technical Administrator designated below. The Technical Administrator may grant all or some of those permissions to other users within the organization. All licensing fulfillment documents will be delivered to the Technical Administrator. All Notices delivered under the Agreement shall be delivered to the Account / Billing Contact identified below or in a subsequent notice to Bentley. Shipping Address: Billing Address (if different): Company Company Site Site Technical Administrator Name Account / Billing Contact Name E -mail Address E -mail Address Address /Sweet (no P.O. Box) Address /Street (no P.O. Box) City City State and Zip State and Zip Country Country Phone Phone SEL002710 -1 /0001 25G -18 25G -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: AGREEMENT WITH SERVICE 1ST TO PROVIDE FOUNTAIN MAINTENANCE SERVICES IN THE CIVIC CENTER CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Service 1St to provide fountain maintenance services for the City of Santa Ana for a two -year period in the annual amount of $30,690, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for the routine maintenance of the fountains located in the Downtown Civic Center, including the Plaza of the Fountains (three fountains), Plaza of the Sun, Sasscer Park, and the 2nd Street Mall fountain. The current maintenance contract for this service has expired. On August 24, 2011, Requests for Proposals (RFPs) were issued to companies soliciting proposals from fountain maintenance vendors to service our Downtown and Civic Center fountains. A pre - proposal conference was conducted on September 8, 2011 and three vendors submitted proposals for consideration. California Waters, Knorr Systems, Inc. and Service 1St each submitted proposals for review. A four member evaluation committee consisting of representatives from PRCSA Administration, Park Services, and CDA evaluated and rated the four proposals. The proposals were evaluated based on the vendor's Capability and Experience (25 %), Past Performance (25 %), and Cost of Proposal (50 %). The results of the evaluation process are as follows. Vendor Score Service 1 S 374 Knorr Systems, Inc. 339 California Waters 325 25H -1 Service 1 st Agreement November 7, 2011 Page 2 Service 1St was rated highest, scoring 374 out of a maximum 400 points. Knorr Systems, Inc. scored 339, and California Waters scored 325 points. The evaluation committee rated Service 1st the highest as a result of their capability and past experience and the competitive cost of their proposal. The agreement will have a two -year term and will include a provision that allows the City to extend the agreement for two additional two -year terms. The agreement includes a base amount of $27,900 and a 10 percent contingency for unanticipated work and unforeseen emergencies, for a total not to exceed amount of $30,690. FISCAL IMPACT Funds are available in the Civic Center Maintenance account (no. 07413250 62320), and the Community Development Agency's Downtown Maintenance account (no. 40718842 62300). &,4�t4, P.,i-- Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency I," wr-y ac,0%0 Nancy T. Vqwards, Interim Ex utive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Cl Executive Director Finance and Management Services Agency 25H -2 FOUNTAIN MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 7 "' day of November, 2011 by Service First Contractors Network dba Service 1St, 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 "Cityll). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the provision of fountain maintenance and repair services. 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 perform fountain maintenance and repair services for City owned fountains in Downtown Santa Ana and the Civic Center, as set in City Specifications, attached hereto as Exhibit A. All Exhibits to this Agreement are incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Proposal, attached hereto as Exhibit B. The total sum to be expended under this Agreement shall not exceed $30,690.00, which includes a ten percent (10 %) contingency for unanticipated work required 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. TERM This Agreement shall commence on November 14, 201 land terminate December 31, 2013, unless terminated earlier in accordance with Section 12, below. The term may be extended for up to two additional two -year periods on the mutual consent of the parties. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing 25H -3 such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 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: (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. 7. 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 death, 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 provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights 25H -4 arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If 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. 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. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -571 -4211 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Contractor: Service 1" 3505 Cadillac Avenue, Building F -9 Costa Mesa, California 92626 25H -5 Fax 714 -573 -2200 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail, followed by the provisions of Exhibit A. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. 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 of this Agreement performed by City personnel or by other Contractors retained by City. 13. TERMINATION AND DAMAGES This Agreement may be terminated by either party upon ninety (90) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and the Specifications set forth in Exhibit A. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and in the Specifications attached hereto. C. Material Breach: If the Executive Director determines the Contractor has failed in the performance of its duties and /or schedule as provided, the Executive 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 relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or another contractor at Contractor's expense, as determined by the Executive Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon thirty (30) days written notice of termination. 14. DISCRIMINATION 011161, 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. 15. 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. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager SERVICE FIRST CONTRACTORS NETWORK 25H -7 By: Laura Sheedy Assistant City Attorney FRANK VANDENBERG President Tax ID# EXHIBIT A SPECIFICATIONS PRCSA Fountain Maintenance and Repair C.1 General C.1.1 Scope of Work. The Contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation, and supervision, except as specified herein as City furnished, to manage and perform maintenance and minor repair of fountains the Plaza of the Fountains (3), Sasscer Park (1) and Plaza of the Sun (1) within the Santa Ana Civic Center and at the Second Street Mall located between Broadway Ave. and Sycamore Street. Location Times Per Week Service Sasscer Park Fountain 1 Plaza of the Fountains — three fountains 1 Plaza of the Sun Fountain 1 2nd Street Mall Fountain 1 C.1.1.1 Responsibilities Included. Fountain maintenance and repair services covered by this specification include the tasks shown in the table below. Fountain Maintenance & Repair where applicable work shall be performed routinely per manufacturers specifications 1 Maintain pumps 2 Maintain pump motors 3 Maintain all plumbing i.e. piping, couplings, and fittings 4 Maintain and utilize chlorine and metering/monitoring equipment* 5 Maintain filters 6 Maintain fountain nozzles free of debris. Replace when spray attern deviates from intended design 7 Maintain valves Routine Maintenance and Operation To Meet All O.C. Health Department Requirements 8 Test and adjust the chlorine and other chemicals levels using automated controllers 9 Test the pH level in the water 10 Add acid or soda ash as necessary to adjust pH level 11 Provide all supplies e.., chemicals, testers 12 Replace carbon dioxide gas cylinders when empty and without interruption to system operation 13 Empty strainers interceptor basket), skimmers and screens 14 Shock treat when required to maintain water free of algae 15 Vacuum and clean fountain 16 Adjust water level 17 Test and replace underwater lights as outages occur. Periodic Maintenance Per Manufacturers Specifications 18 Backwash and operate filters as recommended by the manufacturer. 19 Replace filter medium, if necessary as recommended by the manufacturer. Fountain Structure Routine Maintenance and Repair 20 Clean exterior of each fountain, including but not limited to, removal of dirt, grime, grease, mineral build up, etc. to the Executive Director's satisfaction. 21 Plaza of the Sun Fountain: Contractor shall be responsible for cleaning and polishing the granite surfaces of the fountain. Cleaning shall include, but not limited to, removal of dirt, grime, grease, mineral build up, etc. Polishing shall mean using a product approved by the Executive Director that will shine the granite surfaces. All work shall be to the Executive Director's satisfaction. Contractor to use an approved marble cleaning product and polish. Clean weekly and polish once every other month. Cleaner must be approved by Parks Supervisor or City Staff. *Note: It is very important and required that the contractor be experienced with the automated chemical controllers and operate the equipment to control the chemicals on a continuous basis. C.1.1.2 Responsibilities Excluded. Fountain maintenance and repair services covered by this specification exclude the tasks shown in the table below. Tasks Excluded from Fountain Maintenance and Repair Facility Maintenance and Repair 1 Paint interior and exterior of pump/filter room 2 Maintain um /filter room e.., lights, ventilation 3 Repair building electrical components 4 Replace lamps for area and general lighting 5 Repair power panels, switches, outlets, etc. Grounds and Fencing 6 Landscape work 7 Repair fences and gates (including locks 8 Repair or repaint signs C.1.1.3. Frequency of "daily" tasks shall be one day per week at all fountain sites. Contractor shall maintain a set schedule for providing the daily tasks. The City will not require the contractor to stay a full 8hr day if the work is completed prior to the 8hrs. C.1.2 Background Information C.1.2.1 Place of Performance. The place of performance for fountain maintenance and repair services is the City of Santa Ana Civic Center and Second Street Mall. C.1.2.2 Bid Requirement. Prior to contract award, any bidder may be required at any time to demonstrate to the Director that they can successfully perform maintenance work of the type involved in this Agreement and that he possesses suitable equipment to perform the work. C.1.3 Personnel C.1.3.1 Project Foreman. Unless the Contractor is available as required herein, the Contractor shall provide a Project Foreman to be available during the normal hours of operation as specified in paragraph C. 1.6 to act with full authority for the Contractor. This individual shall be responsible for the supervision, overall administration, and coordination of all required services. The Contractor shall provide the name(s) and telephone number(s) of the Project Foreman(s) within two weeks after contract award date. The Contractor shall provide written notice to the Director in advance of any change of the Project Foreman. The Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement. The Project Foreman shall return all calls from the Director within two hours. C.1.3.2 Alternate Project Foreman. The Contractor shall designate at least one Alternate Project Foreman to act for the Project Foreman with the same authority during absences of the Project Foreman (e.g., vacation and sick leave). The Contractor shall provide the name(s) and telephone number(s) of the Alternate Project Foreman(s) within two weeks after contract award date. The Contractor shall provide written notice to the Director in advance of any change of Alternate Project Foreman. The Alternate Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement. C.1.3.3 Contractor Employee Skills Required. The Contractor's employees performing the services required by the this Agreement shall have specialized training, prior work experience, or the demonstrated technical skills to fulfill the specific requirements of these Specifications and the Agreement. C.1.3.4 Employee Physical Capabilities. There shall be no discrimination against employees on the basis of handicap or other physically disabling conditions. Contractor shall obey all State and Federal laws concerning the disabled.. C.1.3.5 Standards of Conduct for Contractor Personnel. The Contractor shall be responsible for maintaining satisfactory standards of employee competency and conduct and for taking disciplinary action against his employees as necessary. No Contractor employee under the influence of alcohol, drugs, or any other incapacitating agent shall be allowed on the jobsite. 25H -10 The removal from the job site of a Contractor employee shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the work specified in the contract. C.1.3.6 Uniforms. All Contractor personnel shall wear uniforms that are clean and neat and free of wrinkles, tears, holes, frayed edges, spots, stains, body odor, and logos or graphics other than company identification patches. All uniforms should identify the name of the Contractor. Uniforms shall be clearly distinguishable from City employee uniforms. C.1.3.7 Director's Authority. The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, 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 or completion per schedule is determined to be sub - standard, he may (1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay in assessed; and /or (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 for said deficiency and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. C.1.3.8 Subcontractors C.1.3.8.1 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 Act, 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 listed for each portion. C. 1.3.8.2 Failure to Specify Subcontractors. 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. C.1.4 Hours of Operation C.1.4.1 Normal Hours of Operation. Normal operating hours shall be from 6:30a.m. to 6:00 p.m. Sunday through Saturday. C.1.5 Conservation of Utilities. The Contractor shall familiarize himself and require his employees to become familiar and comply with standard operating procedures that comply with conservation regulations. Compliance with Energy Conservation best practice includes: a. Instructing personnel to conserve energy by turning off unneeded equipment and utilities (including electricity and water). b. Using lights only in areas where work is actually being performed. Allowing adjustment of mechanical equipment controls for heating, ventilation, and air conditioning systems only by authorized workers. Turning off water faucets or valves after required usage has been accomplished. 25H -11 e. Complying with water bans imposed by local, state, or Federal agencies. C.1.6 Vehicle Passes. The Contractor and Contractor personnel shall obtain vehicle passes from The County of Orange Parking Administrator, Public Facilities & Resources Department. C.1.7 Building Security. The Contractor shall be responsible to ensure buildings serviced by the Contractor are locked during non -duty hours. C.1.8 Security of Contractor Owned Property. The Contractor shall be responsible for the security of Contractor Owned Property. C.1.9 Permits and Licenses. The Contractor, prior to award of contract and without additional expense to the city, shall procure all necessary permits and licenses including, but not limited to, a City of Santa Ana Business License. C.1.10 Obedience to Laws. Contractor shall obey and abide by all applicable laws, regulations, and ordinances, and other rules of the United States of America, territory, or subdivision thereof wherein the work is done, or any other duly constituted public authority. C.1.11 Safety. All work performed under this contract shall be performed 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 Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. C.1.11.1 Safety Orientation for Contractor Personnel. The Contractor shall give each new employee performing under this Agreement a safety orientation concerning the hazards and precautions of the job assigned upon starting work. The Contractor shall institute a continual training program to make employees aware of existing hazards and all new hazards relative to work performed under this Agreement. C.1.11.2 Creation of Safety or Health Hazard. If the Contractor performs work in a manner that creates a safety or health hazard to City or Contractor personnel or the general public, the Director may issue an order stopping all or part of the work until the Contractor has taken satisfactory corrective action. No part of the lost time due to such a stop in the work shall be the subject of a claim for extension or for excess costs or damages to the Contractor. C.1.11.3 Protective Equipment. The Contractor shall provide its employees with protection against safety and health hazards by furnishing them with all the protective equipment needed. Such equipment shall be approved for the use intended by the National Institute for Occupational Safety and Health or the American National Standards Institute (ANSI). The Contractor shall post areas that require the wearing of protective clothing or where protective equipment is necessary. C.1.11.4 Material Safety Data Sheets. The Contractor shall submit to the Director or his designated representative Material Safety Data Sheets for all hazardous materials proposed for use in the performance of the contract at least one week prior to actual use. In addition, he shall maintain copies on -site and available for review by his employees and /or the City. C.1.12 Environmental Protection. The Contractor shall comply with all federal, state, and local laws, regulations, and standards regarding the Environmental Protection and Enhancement Program. C.2 Definitions C.2.1 Definitions of Terms. Bid Bond and Payment Bond. Each proposal must be accompanied by a bid bond or a cashier's / certified check payable to the City of Santa Ana, in an amount not less than ten percent (10 %) of the annual contract price, as a guarantee that the contractor who submits the successful proposal will enter into the proposed contract if the same is awarded to him. The successful proposer will also be required to submit a payment bond an amount not less than fifty percent (50 %) of the annual contact price. These bonds can be broken down by district and only need to be submitted for the districts you are applying for Clean. Free from dirt, dust, spots, streaks, stains, smudges, litter, debris, contamination, or residue or impurities, unsoiled, unstained, or recently washed. 25H -12 Director. The Director of Parks, Recreation and Community Services or their designated representative with the authority to enter into, administer, or terminate contracts and to make findings and determinations on behalf of the City. This is the only individual authorized to change a contract or any of the requirements therein. Contractor. The individual, partnership, company, or corporation responsible for the duties and responsibilities under the Agreement. The term also covers requirements for any subcontractor. The Contractor is ultimately responsible for ensuring that all subcontractors comply with the provision of the Agreement. Day. A normal weekday, unless otherwise specified. Deficiency. A shortcoming in the quality or state of service performed. Disinfect. Cleaning in order to destroy any harmful microorganisms by application of an approved chemical agent. Emergency Work. Any unforeseen circumstance or combination of circumstances that requires immediate action. Environmental Pollution. The condition resulting from the presence of chemical, physical, radiological and /or biological forces that alter the life biosystems, structures, and equipment, recreational opportunity, aesthetics or natural beauty or the environment. Frequency of Service. The following are frequencies and their definitions. Frequently Abbreviation Definition Annual A Services performed once during each 12 month period of the contract Semi - Annual S/A Services performed twice during each 12 month period of the contract at intervals of 160 to 200 calendar days Quarterly Q Services performed four times during each 12 -month period of the contract at intervals of 80 to 100 calendar days. Monthly M Services performed 12 times during each 12 -month period of the contract at intervals of 28 to 31 calendar days. Weekly W Services performed 52 times during each 12 -month contract period at intervals of 6 to 8 calendar days. Twice Weekly 2W Services performed twice a week, such as Monday and Thursday or Tuesday and Friday Daily D Services performed each calendar day, Sunday through Saturday, including holidays unless otherwise noted. Three times Weekly 3W Services performed three times a week, such as Monday, Wednesday, Friday but not consecutive days. Hazardous Waste. Any waste materials that are toxic or poisonous, corrosive, irritating, desensitizing, radioactive, biologically infectious, explosive, or flammable and hat present a significant hazard to human health and the environment. Special handling procedures and disposal facilities are required for their disposal. Minor Repairs. Repairs that are necessary for maintenance of equipment, such as refacing valve seats, and replacing washers. Minor Parts. Repair parts having a per item cost of $25.00 or less. Owner. The person or persons who own a facility or part of a facility. For purposes of the contract, the City is the owner. Periodic Services. Services which are required less frequently than once per billing period. These normally include services which are performed at a frequency or less than once per month, e.g., quarterly or semi - annually. Preventive Maintenance. Work performed by the Contractor to inspect, repair, and keep in proper operating condition all City equipment the Contractor is responsible for maintaining. 25H -13 Recyclable Materials. Materials that normally have been or would be discarded and that may be reused after under going some type of physical or chemical processing. Recyclable materials do not include precious metal bearing scrap and those items that may be used again for their original purpose or function without any special processing. Routine Services. Services which are required on a regular basis within each billing period. These normally include services performed at a frequency or at least once per month, e.g., daily or weekly. Work Day. A normal duty day, Sunday through Saturday. C.3 Contractor Furnished Property and Services C.3.1 General. Contractor furnished property and services shall be compatible with existing City systems and equipment as necessary to perform the requirements of the Agreement. The Contractor shall furnish all property and services not specifically identified in Section C.C.4.2 24 -Hour Contact Number The Contractor shall provide the Director with a telephone number at which a contact person for the Contractor may be reached 24 hours a day. The contact person shall be required to respond back to the Director or his representative within 1 hour. The contact person shall have the appropriate knowledge and /or authority to take appropriate action in response to any emergency situation that may arise involving the contractor's responsibilities hereunder. C.3.2.1 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. C.3.2.2 Failure to Perform Satisfactory C.3.2.2.1 City Inspection. The Director or his designated representative shall regularly inspect fountains all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per fountain, per day not meeting the specifications during any such inspection. C.3.2.2.2 Billing Adjustments. The Director may make a billing adjustments in monthly payment for the cost to the City to remedy insufficiencies in service rendered by the Contractor. Billing adjustments for this unsatisfactory service may be permanent retention of 100% of the estimated monthly cost for work that is incomplete or deficient as stated herein. C.3.2.3 Hazards. 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 reasonably mitigated then reported to the Parks, Recreation & Community Services Agency. C.3.2.4 Property Damage. Any damage to City property that occurs shall be immediately reported to the Director. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent turf, groundcover, shrubs or trees as result of the Contractor's negligence for the cost for necessary repair or replacements of the same shall be at the Contractor's expense. C.3.2.5 Access to Private Property. Prior to any work that will restrict access to private property, the Contractor shall notify each affected property owner or responsible person, informing him of the nature of and the approximate duration of the restriction. C.3.2.6 Emergency Service. 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 shall provide the City with a local telephone number where Contractor can be contacted twenty -four hours per day, seven days per week. C.3.2.7 Contractor Furnished Equipment. The Contractor shall provide all items necessary for the performance of the contract including the following. C.3.2.7.1 Tools, The Contractor shall provide all tools and repair equipment necessary for maintenance and repair as specified in the Agreement. 25H -14 C.3.2.8 Contractor Furnished Supplies. The Contractor shall furnish all supplies required for his performance under the Agreement, including the following. C.3.2.8.1 Chemicals. The Contractor shall furnish all chemicals and supplies to maintain the water at the prescribed standards of purity and clarity including, but not limited to chlorine (liquid, tablets, granular, or gaseous, depending on the type of dispensing system in use), soda ash, diatomaceous earth, etc. C.3.2.8.2 Test Kits. The Contractor shall furnish test kits for the purpose of monitoring and reporting chemical levels and conditions including but not limited to chlorine levels, pH levels, and alkalinity of the water, etc. C.3.2.8.3 Preventive Maintenance (PM) and Minor Repair Items. The Contractor shall provide all PM and minor repair items including, but not limited to, lubricants, minor parts, fittings, gaskets, bench stock, paint, degreasers, etc. for performance under the contract. C.3.2.8.4 Cleaning Supplies. The Contractor shall furnish cleaning supplies required for performance under the contract. 25H -15 25H -16 EXHIBIT B FEESCHEDULE City agrees to pay, and Contractor agrees to accept for all services required by the Specifications, the following rates and charges: Fountain Location Cost/Mo. Cost/Yr. 1 Plaza of the Fountain #1 North of State Building $425.00 $5,100 2 Plaza of the Fountain #2 East of Law Library $425.00 $5,100 3 Plaza of the Fountain #3 South of Law Library $425.00 $5,100 4 Plaza of the Sun Fountain North of City Hall and West $425.00 $5,100 of Ross Street 5 Sasscer Park Fountain Corner of Santa Ana Blvd. $425.00 $5,100 and Ross Street 6 Second Street Mall Fountain Between Sycamore St. & $200.00 $2,400 Broadway Ave. Totals $2,325.00 $27,900 SPECIALIZED SERVICES Labor Laborer (Aquatic Tech) Project Foreman Material/Equipment Purchases Contractor's wholesale cost plus Cost for Add On Locations Price By Square Foot Per Month Hourly Wage $ 85.00 $ 85.00 15% By Bid Only 25H -17 womm toe� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: CONDITIONAL USE PERMIT NO. 2011 -21 TO ALLOW A CEMENT MANUFACTURING FACILITY AT 516 SOUTH SANTA FE STREET - BENDER READY MIX, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2011 -21 as conditioned. PLANNING COMMISSION ACTION On October 10, 2011, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2011 -21 as conditioned by a vote of 6:0 (Alderete absent) to allow a concrete manufacturing facility at 516 South Santa Fe Street located in the Heavy Industrial (M -2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. 1 Ja . Trevino Executive Director Planning & Building Agency VF:rb vf\reports \CUP \CUP11 -21 Bender Ready Mix.cc Exhibit: A. Planning Commission Staff Report 31A-1 'ki r =v , REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2011 TITLE: PUBLIC HEARING - FILED BY BENDER READY MIX FOR CONDITIONAL USE PERMIT NO. 2011-21 TO ALLOW A CEMENT MANUFACTURING FACILITY AT 516 SOUTH SANTA FE STREET Prepared by Vince Fregoso OAJ�� Executive Dii ctor RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Magager 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2009 -86. 2. Adopt a resolution approving Conditional Use Permit No. 2011 -21 as conditioned. Request of Applicant Maria Kao, representing Bender Ready Mix, is requesting approval of a conditional use permit to allow the operation of a cement manufacturing facility at 516 South Santa Fe Street. Cement manufacturing operations require a conditional use permit pursuant to Section 41- 489.5(c) of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description The subject site is a 0.97 -acre site consisting of two irregularly shaped parcels located at 516 South Santa Fe Street, between Chestnut Avenue and Hathaway Street. The site is currently improved with a 7,000 square foot, single -story office /industrial building that is occupied by Bender Ready Mix. Also on the site is an open yard that contains a concrete batch processing facility, storage areas, truck staging area and an area for truck and employee parking. A total of eight parking spaces are provided on -site. Surrounding land uses include various industrial and warehouse uses to the north, east and west, and an active railroad line and multi - family residential to the south (Exhibits 1 and 2). Proiect Description Bender Ready Mix is requesting approval of a conditional use permit to operate a concrete manufacturing facility on the premises. In conjunction with the approvals, Bender will be making numerous site improvements to bring the site into compliance with code. An existing chain link fence Exhibit A 31A-3 1 Conditional Use Permit No. 2011 -21 October 10, 2011 Page 2 will be replaced with a 10 -foot high block wall. Additionally, signage will be brought into compliance with the sign code, roof equipment will be screened from public view, and landscaping will be added to the site. Finally, the site will be improved to comply with water quality statutes, including the installation of clarifiers, biofilters and a detention /desilting basin on the site (Exhibits 3, 4 and 5). Project Background In July 2006, Bender Ready Mix was issued a certificate of occupancy to operate a warehouse use on the subject site. In April 2007, the City received a complaint regarding the unpermitted operation of a cement facility at the site. In response, the Community Preservation Division met with the business owner and notified them of the corrections required to legalize the facility. In February 2008, the City filed a criminal complaint against the business owners for failure to comply with outstanding violations, including failure to possess a conditional use permit for a cement manufacture business in the Heavy Industrial (M -2) zoning district. Since that time, the complaint has been on hold in the court system as the applicant has been working with staff to obtain the necessary approvals to operate the facility at this location. General Plan and Zoning Consistency The General Plan land use designation for the site is Industrial (IND), which allows manufacturing and industrial facilities such as the proposed use. The designation applies to areas of the City which are predominantly industrial in character such as this area of the City. Further, Industrial land use designated areas are vital to the economic health of the City as they provide employment opportunities for local residents and generate municipal revenues for continued economic development. The project site is consistent with this General Plan land use designation. The zoning for the site is Heavy Industrial (M -2). The M -2 zone is intended to accommodate heavier, more intense industrial uses such as cement manufacturing facilities. Therefore, the proposed use is also consistent with the zoning designation. Project Analvsis Conditional Use Permits are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. 31A-4 Conditional Use Permit No. 2011 -21 October 10, 2011 Page 3 • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request staff believes that the following findings of fact warrant approval of the conditional use permit. The project will provide a service or facility which will contribute to the community. The facility is a cement manufacturing facility that will provide needed construction materials and supplies to development sites in the area. Further, the business will provide needed employment opportunities for residents that live in the City. The proposed cement manufacturing facility will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that is predominantly industrial in nature. Further, improvements will be made to the site, including the installation of water clarifiers and biofilters, which will bring the site into compliance with local and regional water quality statutes. Additionally, enhancements such as the construction of new block walls and the planting of additional landscaping will be made to the site that will provide visual and aesthetic upgrades to the site. Finally, conditions have been placed on the project that will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. • The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. The site was previously vacant and has since been occupied by a use that is consistent with the zoning for the property. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. • The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed that will bring the site into compliance with the Zoning Code. A new 10 -foot high block wall will be built along the perimeter of the property to mitigate any visual blight, noise and /or dust related concerns. In addition, improvements to the signage, landscaping and roof mounted equipment will be made to bring the site into compliance with code. Finally, on -site improvements will be made that will ensure the facility complies with local, regional and federal water quality standards. 31A-5 Conditional Use Permit No. 2011 -21 October 10, 2011 Page 4 The proposed use will not adversely affect the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. Goal 5 ensures that the impacts of development are mitigated. Bender Ready Mix will be located in an area of the City that is appropriate for the cement manufacturing use. The M -2 zoning encourages heavier, more intense industrial uses such as cement manufacturing facilities. Additionally, improvements will be made to the site that will bring it into compliance with the Zoning Code. Finally, conditions have been placed on the business that will assist in mitigating any potential adverse impacts. Public Notification The project site is not located within the boundaries of a neighborhood association but is adjacent to the Cornerstone Village and Lyon Street Neighborhood Associations. The presidents of these Associations were notified by mail 10 days prior to this public hearing. In addition, staff contacted the presidents to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Associations, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, ER No. 2009 -86 has been prepared for this project (Exhibit 6). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2011 -21 as conditioned. Vince Fregoso, ICP Principal Plann VF:jm vAreports \CUP \CUP11 -21 Bender Ready Mix. 101011.pc lkj_I�� Conditional Use Permit No. 2011 -21 October 10, 2011 Page 5 Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibit 4 — Landscape Plan Exhibit 5 — Drainage /BMP Plan Exhibit 6 — Mitigated Negative Declaration 31A-7 FIRST c2- c2- a c2• c2- < Ml 3s� O�r�D� R2 fl) R7 R2i ''tII [+ R3 R3 R3 R3 J SM * FB : R3 R3 � R3 R3 O O R3 Ri Ml H PH EE R3 R3 ,; R3 R3 a P3 R3 R3 P3 Ml to R3 R3 R3 f R3 R3 R3 RI 0 R3 R3 R3 LR , SM ° R2 R* s 7 RI pI F R1 R1 sM RB R2 q2 O R7 Rl R1.w 1 I' c- J yM R2 nl F_�__] F l RI A r7RlpFONE R1 ° RI RI c! R1 R1 R1 RI SMY P2 M Rt ` " R1 Rl R2 R1 s "s Rl W^�R1HA � ,•� Ri ^V 1 R1 R1 R1 3 Rl R1 R 1 RI R1 RI J c SM Rg R2 RI R1 RI R1 R1 R1 RI RI i c- j R R R1 1 a� u R3 P R, pJRl I I rrsm��s�i i �1 T HOBART ST. �.ir I ,a 91 Lv M2 M1 Al G94EFALAGROLULF4Lt (R COMMEFUALRESDBNTIAL RI SNGLEFAMILYREIDBNTIAL -B PARONGMODIFICATION GC 30103 MENTCE14rE R m TIAOFAMILYFEEIMM Gad C0MMBaALSXITHMAIN Mt LIGKrINDUSfRAL FU MULTIREDENERYMU -TIRE CI 00MMUNITYCOMMMAL M2 FlEAVYINDUSTRAL FAMILYFESDBJCE Cl -MD 0cmm. 00MMBbAUMLG3JM DISfRCT MO MIUTARYOPEPATIONS FA fiJH1R3ANAFARFM9NTS C2 GENEbAL.00MMEUAL O OPENS*.CE FE FESDEPOAL ESTATE C3 CENTRAL WSNESS P MCFESEIGNAL 19D gEORCDENS-OFMBNT C3.A CENTRAL ET9NETARTISfMLLACE PD RAPNED OCMMLRNITYDEIwaCAUBNT S' SMFICFlAN 04 RAENN13D SiOPPINGCBNTH2 PI;D RANNEO FERDBCLAL DB41CWE3NT C5 ARTE:ALCOMMUML Z Q CUP 2011 -21 BENDER READY MIX 516 SOUTH SANTA FE STREET - - = 500E$T = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 lki CUP 2011 -21 wall-W! BENDER READY MIX 516 SOUTH SANTA FE STREET\ P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 INDUSTRIAL STORAGE 9 MANUFACTURING 2 z z G STORAGE ?� G � T QF INDUSTRIAL w Z G` �� w P � O MANU CTURING o hFQ � z PLUMBING � q OTC R o MANUFACTURING %y G } MANUFACTURIN V a _ S Q CAR Z =IMPOUND MANU Q A C T U R I N G cc l7 INDUSTRIAL = HUNTER AVENUE CUP 2011 -21 wall-W! BENDER READY MIX 516 SOUTH SANTA FE STREET\ P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 A 3 A 7 A 2 A 4 r :�i4 \ A 1 \�\ 1- 16 A 4- A, A A. r A 4 A 4 EXISTING PAVEMENT 10 BE RE,-ED AND REPLACED (EXCLUDiNG GUTTER) B A RAIL ROAD 2 A IC A I \\ j: V�' �---ARC A 1 24'-6" (PER PROPOSED 5. RGIER) � 1 119NUMMUaHm I m m Z e q m z 10 m :J 0 7- EXHIBIT 3 0 Q m O 0 F 1 P BENDER READY MIX EXHIBIT 3 0 Q m O 0 F 31 A -10 1 SITE PLAN 516 S. SANTA FE ST.� BENDER READY MIX /A TA A A CA 31 A -10 0, 49'-5" I A 7 24' -6" EXHIBIT 4 LANDSCAPING PLAN ETFDIFTT-1 1516 S. SANTA FEST. v 114 BENDER READY MIX N/A Lom 31 A-1 1 303 ul- --,. SA iA ANA w Z C) C) P z li z (D EXHIBIT 4 LANDSCAPING PLAN ETFDIFTT-1 1516 S. SANTA FEST. v 114 BENDER READY MIX N/A Lom 31 A-1 1 303 ul- --,. SA iA ANA w Z C) C) P z li NV � CLFf� "O IJR. 11 c O/\\ y96 r" \\ 0 D -Ci Dar '\ 1 16' LP �E %'S'ING FA�fM N� 16 HI R EMOVCD PNII AEFLACED 1 � I ), ( /' j Dv� �t 'y \ C -f'� ♦ (FJ(CLVD NC GUS rR) - j� SPNII FILE >:I I \ � Q ;0z o uur% rIT rvi �` m i v z I 'IQ 6y 5 ;f - - �� ,� its = t ►e��ff m � � � �= pG fi .s EXHIBIT 5 DRAINAGE/ BMP PLAN s 516 S SANTA FE ST. ! "� IV BENDER READY MIX S. dasi goE_rp CT: gEV£[C1°Fl: LOG 303 B.09 -V 5` St -- N/A Laguna Boa- . G-- B2 ©52 s -9a0o rmc: sas3.�y s -way �'rnIp wN` M� � k W �'rnIp wN` M� J �1 L� I i PUBLIC REVIEW DRAFT INITIAL STUDY /MITIGATED NEGATIVE DECLARATION Bender Ready -Mix Concrete Manufacturing Project LEAD AGENCY: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Contact. Mr. Vince Fregoso, AICP 714.667.2700 PREPARED BY: RBF Consulting 14725 Alton Parkway Irvine, California 92618 Contact: Mr. Glenn Lajoie, AICP Mr. Alan Ashimine 949.472.3505 July 2011 JN 10- 107084 31A -14 TABLE OF CONTENTS 1.0 Introduction ....... ............................... 1 1.1 Statutory Authority and Requirements ............................................................... ............................1 -1 1.2 Purpose .............................................................................................................. ............................1 -1 1.3 Consultation ....................................................................................................... ............................1 -2 ' 1.4 Incorporation by Reference ................................................................................ ............................1 -2 2.0 Project Description ......................................................................................................... ............................2 -1 2.1 Project Location ................................................................................................. ............................2 -1 2.2 Environmental Setting ........................................................................................ ............................2 -1 2.2.1 Existing Land Uses ................................................................................ ............................2 -1 2.2.2 Surrounding Land Uses ......................................................................... ............................2 -3 ' 2.3 2.4 Existing Zoning and General Plan ...................................................................... ............................2 -3 Project Background ............................................................................................ ............................2 -3 2.5 Project Characteristics ....................................................................................... ............................2 -5 2.6 2.5.1 Phasing .................... ............................... Permits and Approvals............ ............................................................................ ............................2 -6 3.0 Initial Study Checklist .................................................................................................... ............................3 -1 3.1 Background ........................................................................................................ ............................3 -1 3.2 Environmental Factors Potentially Affected ........................................................ ............................3 -2 3.3 Evaluation of Environmental Impacts ................................................................. ............................3 -2 ' 4.0 Environmental Analysis ................................................................................................ ..........................4.1 -1 4.1 4.2 Aesthetics .......................................................................................................... ..........................4.1 -1 Agriculture and Forestry Resources .................................................................. ..........................4.2 -1 4.3 Air Quality .......................................................................................................... ..........................4.3 -1 ' 4.4 4.5 Biological Resources ......................................................................................... ..........................4.4 -1 Cultural Resources ............................................................................................ ..........................4.5 -1 4.6 Geology and Soils ............................................................................................. ..........................4.6 -1 4.7 4.8 Greenhouse Gases ........................................................................................... ..........................4.7 -1 Hazards and Hazardous Materials .................................................................... ..........................4.8 -1 4.9 Hydrology and Water Quality ............................................................................ ..........................4.9 -1 4.10 Land Use and Planning ..................................................... ............................... .........................4.10 -1 4.11 Mineral Resources ............................................................ ............................... .........................4.11 -1 ' 4.12 Noise ................................................................................. ............................... .........................4.12 -1 4.13 Population and Housing .................................................... ............................... .........................4.13 -1 ' 4.14 4.15 Public Services .................................................................. ............................... .........................4.14 -1 Recreation ......................................................................... ............................... .........................4.15 -1 4.16 Transportation/ Traffic ........ ............................... ..... .........................4.16 -1 ............ ............................... 4.17 4.18 Utilities and Service Systems ............................................ ............................... .........................4.17 -1 Mandatory Findings of Significance .................................. ............................... .........................4.18 -1 4.19 References ........................................................................ ............................... .........................4.19 -1 4.20 Report Preparation Personnel ........................................... ............................... .........................4.20 -1 JULY 2011 i TABLE OF CONTENTS 31 A -15 TABLE OF CONTENTS 1 5.0 Inventory of Mitigation Measures ....................... .......5 -1 ...................................................... ............................... 6.0 Consultant Recommendation ............................................................................................. ............................6 -1 7.0 Lead Agency Determination ............................................................................................... ............................7 -1 APPENDICES (provided on CD at the end of the Table of Contents) A. Air Quality/Greenhouse Gases Data B. Water Quality Management Plan C. Hydrology Study ' D. Noise Data t t I'] i JULY 2011 ii TABLE OF CONTENTS 31 A -16 LIST OF EXHIBITS 2 -1 Regional Vicinity ............................................................................................................... ............................2 -2 2 -2 Local Vicinity ..................................................................................................................... ............................2 -4 ' 2 -3 Proposed Improvements ............................. .... ....... . ..................................................................................... 2 -7 t fl i JULY 2011 iii 31 A -17 TABLE OF CONTENTS LIST OF TABLES 4.3 -1 Construction Air Emissions .............................................................................................. ..........................4.3 -4 4.3 -2 Operational Air Emissions ............................................................................................... ..........................4.3 -5 4.3 -3 Localized Significance of Emissions ................................................................................ ..........................4.3 -7 4.6 -1 Principal Faults Affecting the Project Site ........................................................................ ..........................4.6 -2 4.7 -1 Estimated Greenhouse Gas Emissions ........................................................................... ..........................4.7 -3 4.12 -1 General Plan Noise Standards ........................................................ ............................... .........................4.12 -2 4.12 -2 Municipal Code Noise Standards .................................................... ............................... .........................4.12 -2 4.12 -3 Noise Measurements ....................................................................... ............................... .........................4.12 -3 4.12 -4 Maximum Noise Levels Generated by Construction Equipment ...... ............................... .........................4.12 -4 4.12 -5 Average Construction Noise Levels ................................................ ............................... .........................4.12 -5 4.12 -6 Typical Vibration Levels for Construction Equipment ...................... ............................... .........................4.12 -6 JULY 2011 iv TABLE OF CONTENTS 31 A -18 1 r F1 n'"12W BENDER READY -MIX CONCRETE MANUFACTURING PROJECT WIPWWW Initial Study /Mitigated Negative Declaration r 1.0 INTRODUCTION The proposed Bender Ready -Mix Concrete Manufacturing Project (herein referenced as the "project ") involves various aesthetic, drainage, water quality, and safety improvements at an existing concrete manufacturing facility located at 516 South Santa Fe Street, within the eastern portion of the City of Santa Ana. Following a preliminary review of the proposed project, the City of Santa Ana has determined that it is subject to the guidelines and regulations of the California Environmental Quality Act (CEQA). This Initial Study addresses the direct, indirect, and cumulative environmental effects of the project, as proposed. 1.1 STATUTORY AUTHORITY AND REQUIREMENTS In accordance with Sections 15051 and 15367 of the California Code of Regulations (CCR), the City of Santa Ana (City) is identified as the Lead Agency for the proposed project. Under the CEQA (Public Resources Code Section 21000 - 21177) and pursuant to Section 15063 of the CCR, the City is required to undertake the preparation of an Initial Study to determine if the proposed project would have a significant environmental impact. If, as a result of the Initial Study, the Lead Agency finds that there is evidence that any aspect of the project may cause a significant environmental effect, the Lead Agency shall further find that an Environmental Impact Report (EIR) is warranted to analyze project - related and cumulative environmental impacts. Altematively, if the Lead Agency finds that there is no evidence that the project, either as proposed or as modified to include the mitigation measures identified in the Initial Study, may cause a significant effect on the environment, the Lead Agency shall find that the proposed project would not have a significant effect on the environment and shall prepare a Negative Declaration. Such determination can be made only if "there is no substantial evidence in light of the whole record before the Lead Agency" that such impacts may occur (Section 21080(c), Public Resources Code). The environmental documentation, which is ultimately selected by the City in accordance with CEQA, is intended as an informational document undertaken to provide an environmental basis for subsequent discretionary actions upon the project. The resulting documentation is not, however, a policy document and its approval and /or certification neither presupposes nor mandates any actions on the part of those agencies from whom permits and other discretionary approvals would be required. The environmental documentation and supporting analysis is subject to a public review period. During this review, public agency comments on the document relative to environmental issues should be addressed to the City. Following review of any comments received, the City will consider these comments as a part of the project's environmental review and include them with the Initial Study documentation for consideration by the City. 1.2 PURPOSE rSection 15063 of the CEQA Guidelines identifies specific disclosure requirements for inclusion in an Initial Study. Pursuant to those requirements, an Initial Study shall include: • A description of the project, including the location of the project; • Identification of the environmental setting; • Identification of environmental effects by use of a checklist, matrix, or other method, provided that entries on a checklist or other form are briefly explained to indicate that there is some evidence to support the entries; JULY 2011 1 -1 INTRODUCTION 31 A -19 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT ' Initial Study/Mitigated Negative Declaration • Discussion of ways to mitigate significant effects identified, if any; • Examination of whether the project is compatible with existing zoning, plans, and other applicable land use controls; and • The name(s) of the person(s) who prepared or participated in the preparation of the Initial Study. 1.3 CONSULTATION As soon as the Lead Agency (in this case, the City) has determined that an Initial Study would be required for the project, the Lead Agency is directed to consult informally with all Responsible Agencies and Trustee Agencies that are responsible for resources affected by the project, in order to obtain the recommendations of those agencies as to whether an EIR or Negative Declaration should be prepared ' for the project. Following receipt of any written comments from those agencies, the Lead Agency considers any recommendations of those agencies in the formulation of the preliminary findings. Following completion of this Initial Study, the Lead Agency initiates formal consultation with these and , other governmental agencies as required under CEQA and its implementing guidelines. 1.4 INCORPORATION BY REFERENCE i The following documents were utilized during preparation of this Initial Study, and are incorporated into this document by reference. These documents are available for review at the City of Santa Ana's Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, CA 92701. • City of Santa Ana General Plan (adopted various dates but reformatted in January 2010). The City of Santa Ana General Plan (General Plan) is the long -range guide for land use and development within the City. The General Plan includes a total of 16 different elements that incorporate specific goals and policies to guide growth and preserve the qualities within the , City that define the natural and built environment. These 16 elements consist of: • Airport Environs; • Circulation; • Conservation; • Economic Development; • Education; • Energy; • Growth Management; • Housing; • Land Use; • Noise; • Open Space, Parks and Recreation; , • Public Facilities; • Public Safety; • Seismic Safety; • Scenic Corridors; and • Urban Design. , Various elements of the General Plan have been updated and adopted intermittently since the document was originally created in 1982; however, the entire General Plan was reformatted in January 2010. JULY 2011 1 -2 INTRODUCTION BENDER READY -MIX CONCRETE MANUFACTURING PROJECT :�' Initial Study /Mitigated Negative Declaration IRNERWI rCity of Santa Ana Municipal Code and Zoning Ordinance. The City of Santa Ana Municipal Code provides regulations for govemmental operations, development, infrastructure, public rj I a L l e safety, and business operations within the City. Chapter 41, Zoning, of the City of Santa Ana Municipal Code represents the City's Zoning Ordinance. The Zoning Ordinance is intended to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare within the City. JULY 2011 1 -3 INTRODUCTION 31A-21 BENDER READY-MIX CONCRETE MANUFACTURING PROJECT I (2) Initial Study /Mitigated Negative Declaration This page intentionally left blank. JULY 2011 1 -4 INTRODUCTION 31A-22 r Il t L BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 2.0 PROJECT DESCRIPTION 2.1 PROJECT LOCATION Regionally, the project site is located in the City of Santa Ana (City), within the County of Orange; refer to Exhibit 2 -1, Regional Vicinity. Locally, the project site is located at 516 South Santa Fe Street, within the eastern portion of the City. The site is approximately % -mile west of Grand Avenue, Y< -mile south of First Street, and' /, -mile southwest of Interstate 5 (1 -5). 2.2 ENVIRONMENTAL SETTING 2.2.1 EXISTING LAND USES The 0.97 -acre project site is currently occupied by the Bender Ready -Mix concrete manufacturing facility. The facility produces and sells large quantities of concrete through the processing of aggregate and other raw materials. The concrete is prepared, loaded into truck- mounted rotating drum mixers, and hauled away for use at construction sites. Generally, concrete is sold to independent truck contractors; however, Bender Ready -Mix also delivers concrete directly to customers through its own fleet of trucks. The facility is composed of the following primary components: • Maintenance /Office Structure: A 7,001 square -foot single -story structure exists on the northern portion of the site. The structure is utilized for material /equipment storage, vehicle maintenance, and office space. The building is equipped with several large roll -up doors allowing for the entrance of heavy trucks. The western portion of the structure (fronting South Santa Fe Street) is utilized for office purposes while the eastern portion is utilized for storage and maintenance activities. • Aggregate Storage Area: The southeastern portion of the site is utilized for the storage of raw materials necessary for concrete manufacturing. These materials consist primarily of sand and gravel products, and are stored outdoors in piles separated by block walls. These aggregates are delivered to the site by truck and transported from area to area within the site by bulldozer. • Concrete Batch Processing Equipment: The concrete batch processing machinery is located along the southern side of the maintenance /office structure. Raw materials are inserted, mixed, and processed within this equipment and prepared for loading. This equipment is electrically- powered. • Truck Staging Area: The truck staging area is located along the western side of the maintenance /office structure. This area consists of a ramp that allows concrete trucks to back down into an area abutting the concrete batch processing equipment. Concrete is then loaded from the batch processing equipment to trucks. • Debris Storage Basin: An earthen basin constructed within the southeastern comer of the site is utilized for storage of by- products of the concrete manufacturing process. These by- products include wash water and excess /older concrete cleared from trucks prior to loading new concrete. This basin is periodically cleared when it reaches capacity. Wash water is recycled and reused in the concrete manufacturing process. Solids are hauled off -site to a Ilandfill every one to two days, depending on demand and operations JULY 2011 2.1 PROJECT DESCRIPTION 31A-23 Palmdale I 1 Torrance r Fullerton Cypress Garden Grove _ NOT TO SCALE CONSULTING 1 • JN 10407084 Ana Irvine ORANGE 1 \ COUNTY L San / ioa� Capistrano Temecula ref � f I INITIAL STUDY/MITIGATED NEGATIVE DECLARATION BENDER READY-MIX CONCRETE MANUFACTURING PROJECT Regional Vicinity I ` I L O S A N G E L E S I COUNTY San ' rnando , i Burbank lr / „-„ Azusa Glendora r ' Pasadena ' Rancho / poi Cucamonga West omona r Montclair Ontari _0 Covina _ Los _ Chino Angeles Whittier � f pp� ViC' Yorba ` Linda �\ r Norco Torrance r Fullerton Cypress Garden Grove _ NOT TO SCALE CONSULTING 1 • JN 10407084 Ana Irvine ORANGE 1 \ COUNTY L San / ioa� Capistrano Temecula ref � f Exhibit 2 -1 31A-24 I INITIAL STUDY/MITIGATED NEGATIVE DECLARATION BENDER READY-MIX CONCRETE MANUFACTURING PROJECT Regional Vicinity Exhibit 2 -1 31A-24 (2) BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration • Parking and Truck Storage: A total of eight striped parking spaces are located along the northern boundary of the site. In addition, concrete trucks are stored and parked in other areas of the site (primarily along site's southern perimeter). The facility is located on the western side of South Santa Fe Street on two parcels (Assessor's Parcel Numbers 011 - 311 -09 and 011 - 311 -10). The site's frontage includes ornamental landscaping, chain -link fencing, the office /maintenance structure, and a small length of block wall within the northern portion of the site. The site provides three points of access from South Santa Fe Street (one at the northern boundary of the site and two within the southern portion of the site, via gates in the chain -link fence). Truck ingress occurs via the two southern access points, while egress occurs from the northern point. The northern, western, and southern boundaries of the site are improved with cinder block walls, chain - link fencing, and /or wrought -iron fencing. The majority of the site is paved, with the exception of the aggregate storage area. The site is void of improved drainage or water quality enhancements, and runoff generally drains via sheet flow to South Santa Fe Street or ponds on -site. Truck loading activities at the site occur from approximately 6:00 AM through 3:00 PM, Monday through Saturday. On average, the facility processes 15 to 20 truck loads per day. The facility employs approximately 12 full time workers, which includes truck drivers and on -site staff. 2.2.2 SURROUNDING LAND USES The project site is immediately surrounded by a sheet metal fabrication facility to the north, a steel manufacturing facility to the south, South Santa Fe Street to the east, and the Union Pacific (UP) ' railroad alignment to the west; refer to Exhibit 2 -2, Local Vicinify. The site is further surrounded by industrial uses to the north, south and east. Multi- family residential uses abut the UP railroad alignment, approximately 25 feet west of the project site. 2.3 EXISTING ZONING AND GENERAL PLAN r The project site is designated "Heavy Industrial" (M2) by the City of Santa Ana Zoning Code (Zoning Code) and "Industrial" (IND) by the City of Santa Ana General Plan (General Plan). 2.4 PROJECT BACKGROUND The existing Bender Ready -Mix concrete manufacturing facility opened in 2006. Prior to 2006, the site was utilized as a portable restroom rental and distribution facility. Originally, the project applicant intended to have a concrete trucking /delivery operations only (i.e., distribution of concrete manufactured by others, and no concrete would be manufactured on- site); however, portable concrete manufacturing equipment was added to the site shortly after it opened. The 7,001 square -foot structure (constructed in 1965) was reutilized by Bender Ready -Mix in support of its operations. Upon review of current activities at the site, the City has determined that the Bender Ready -Mix concrete manufacturing facility has been operating without a valid Conditional Use Permit (CUP). As stated above, the zoning designation for the site is "Heavy Industrial" (M2). The Zoning Code allows for the following conditionally - permitted uses within the M2 zone: "In addition to uses permitted subject to the issuance of a conditional use permit pursuant to sections 41-489 and 41- 472.5, the following uses may be permitted in the M2 district subject to the issuance of a conditional use permit: JULY 2011 2 -3 PROJECT DESCRIPTION 31A-25 is BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration (a) Acid manufacturing. ' (b) Junkyards, automobile wrecking yards and salvage yards, and impound yards. (c) Cement, lime, gypsum or plaster of paris manufacture. (d) Fertilizer manufacture...." Under the conditionally - permitted use for "(c) Cement, lime, gypsum or plaster of pans manufacture," the project is allowable within the M2 zone but is subject to a CUP. In addition, the City has determined that a lot merger would be required to consolidate the two separate parcels underlying the site for compliance with City and CUP regulations. Thus, this Initial Study is intended to address impacts related to operation of the existing Bender Ready -Mix facility in addition to any improvements that would be required by the City for issuance of a CUP. The City anticipates that several improvements will be required in order for the project to meet the requirements of the City of Santa Ana Municipal Code (Municipal Code). These new improvements are described below within Section 2,5, Proiect Characteristics. 2.5 PROJECT CHARACTERISTICS Existing conditions and operations at the Bender Ready -Mix facility are described in Section 2.2, Environmental Setting. It is important to note that the project applicant does not propose to alter operations or facilities at the site beyond what is required by the City to meet CUP and Municipal Code requirements. These improvements focus on aesthetics, drainage /water quality and safety at and surrounding the project site; refer to Exhibit 2 -3, Proposed Improvements. As stated above, this Initial Study analyzes impacts related to current concrete manufacturing operations at the site, in addition to the following improvements: Aesthetics • Existing landscaped areas along the South Santa Fe Street frontage would be enhanced to include clinging vines along the maintenance /office structure in addition to grass ground cover. • Two existing Queen Palm trees along the street frontage would remain, while two of the three existing Mexican Fan Palms would be removed. • Three new landscaped areas along the western site boundary would be implemented. The three areas would include clinging vines along adjacent walls, grass ground cover, shrubs, and umbrella trees. • The total amount of landscaped area on -site would be 2,323 square feet, which would slightly exceed the City's requirement of 2,320 square feet. ' • The site would be improved to include a 10 -foot high solid block wall on all sides. In several areas this would require the removal of existing chain -link or wrought -iron fencing, or raising the height of the existing 7 -foot high block walls by 3 feet. • Aesthetic screening (stucco over metal lath) would be implemented to hide roof - mounted equipment (e.g., heating, ventilation, and air conditioning components) from surrounding uses. • Existing signage facing South Santa Fe Street would be redesigned to meet City standards. JULY 2011 2 -5 PROJECT DESCRIPTION 31A-27 (9) BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration Drainage and Water Quality , • A detention /desilting basin would be constructed in the southeastern portion of the site. This ' basin would be approximately 400 square feet in size and would improve water quality by detaining stormwater on -site. • Three segments of 24 -inch bottomless trench (with 4 -inch perforated overflow pipe) would be installed along the South Santa Fe Street frontage. The segments would be installed across the three vehicle access points, and would drain into landscaped areas or the proposed detention / desilting basin. Safety • One existing chain -link access gate along South Santa Fe Street swings open towards the roadway. This gate would be replaced by a rolling gate to eliminate any encroachment or safety hazard for vehicles passing by the site. • South Santa Fe Street would be repaved from its centerline to the Bender Ready -Mix property line frontage. 2.5,1 PHASING The proposed improvements at the project site would occur in a single phase. Construction is anticipated to begin in late 2011 and would last approximately three months. 2.6 PERMITS AND APPROVALS The City approvals required for implementation of the project will include the following, among others: • California Environmental Quality Act clearance • Conditional Use Permit • Lot Merger • Site Plan Review • Grading /Building Permits JULY 2011 2 -6 PROJECT DESCRIPTION 31A-28 ftr—a J� = BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration INITIAL .0 IN AL CHECKLIST STUDY 3.1 BACKGROUND 1. Project Title: Bender Ready -Mix Concrete Manufacturing Project 2. Lead Agency Name and Address: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 3. Contact Person and Phone Number: Mr. Vince Fregoso, AICP Principal Planner 714.667.2700 4. Project Location: The project site is located within the eastern portion of the City of Santa Ana, at 561 South Santa Fe Street. The site is approximately '/. -mile west of Grand Avenue, '/. -mile south of First Street, and' /, -mile southwest of Interstate 5 (1 -5). 5. Project Sponsor's Name and Address: Bender Ready -Mix, Inc. 516 South Santa Fe Street Santa Ana, CA 92705 6. General Plan Designation: The City of Santa Ana General Plan designation for the project site is "Industrial" (IND). 7. Zoning: The City of Santa Ana Zoning Ordinance designation for the site is "Heavy Industrial" (M2). 8. Description of the Project: The proposed project would include a range of aesthetic, drainage, water quality, and safety improvements at the existing Bender Ready -Mix concrete manufacturing facility. It is important to note that the project applicant does not propose to alter operations or facilities at the site beyond what is required by the City to meet CUP and Municipal Code requirements. Aesthetic improvements would include landscaping, a new block wall, aesthetic screening, and signage. Drainage /water quality improvements would consist of a detention /desilting basin and on -site drainage conveyance facilities. Safety improvements would include fencing and the repaving of South Santa Fe Street along the project frontage. Additional details regarding the project are provided in Section 2.5, Project Characteristics. 9. Surrounding Land Uses and Setting: The project site is immediately surrounded by a sheet metal fabrication facility to the north, a steel manufacturing facility to the south, South Santa Fe Street to the east, and the Union Pacific (UP) railroad alignment to the west. The site is further surrounded by industrial uses to the north, south and east. Multi- family residential uses abut the UP railroad alignment, approximately 25 feet west of the project site. JULY 2011 3 -1 INITIAL STUDY CHECKLIST 31A-29 (a BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 10. Other public agencies whose approval is required (e.g., permits, financing approval or participation agreement). As shown in Section 2.6, Permits and Approvals, it is anticipated that the approvals from the City of Santa Ana would be required. These approvals are anticipated to include California Environmental Quality Act clearance, Conditional Use Permit, Lot Merger, Site Plan Review, and Grading /Building Permits. Additional approvals may be required as the project entitlement process moves forward. 3.2 3.3 JULY 2011 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" or "Less Than Significant Impact with Mitigation Incorporated," as indicated by the checklist on the following pages. EVALUATION OF ENVIRONMENTAL IMPACTS This section analyzes the potential environmental impacts associated with the proposed project. The issue areas evaluated in this Initial Study include: • Aesthetics • Agriculture and Forestry Resources Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning Mineral Resources • Noise • Population and Housing • Public Services Recreation • Transportation/Traffic • Utilities and Service Systems The environmental analysis in this section is patterned after the Initial Study Checklist recommended by the CEQA Guidelines and used by the City of Santa Ana in its environmental review process. For the preliminary environmental assessment undertaken as part of this Initial Study's preparation, a determination that there is a potential for significant effects indicates the need to more fully analyze the development's impacts and to identify mitigation. 3 -2 IkSi_MIC F, INITIAL STUDY CHECKLIST I Aesthetics Land Use and Planning Agriculture and Forestry Resources Mineral Resources Air Quality Noise Biological Resources Population and Housing ✓ Cultural Resources Public Services ✓ Geology and Soils Recreation Greenhouse Gas Emissions Transportation/Traffic Hazards & Hazardous Materials Utilities & Service Systems ✓ Hydrology & Water Quality ✓ Mandatory Findings of Significance EVALUATION OF ENVIRONMENTAL IMPACTS This section analyzes the potential environmental impacts associated with the proposed project. The issue areas evaluated in this Initial Study include: • Aesthetics • Agriculture and Forestry Resources Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning Mineral Resources • Noise • Population and Housing • Public Services Recreation • Transportation/Traffic • Utilities and Service Systems The environmental analysis in this section is patterned after the Initial Study Checklist recommended by the CEQA Guidelines and used by the City of Santa Ana in its environmental review process. For the preliminary environmental assessment undertaken as part of this Initial Study's preparation, a determination that there is a potential for significant effects indicates the need to more fully analyze the development's impacts and to identify mitigation. 3 -2 IkSi_MIC F, INITIAL STUDY CHECKLIST I 1 6 &-- BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration For the evaluation of potential impacts, the questions in the Initial Study Checklist are stated and an answer is provided according to the analysis undertaken as part of the Initial Study. The analysis considers the long -term, direct, indirect, and cumulative impacts of the development. To each question, there are four possible responses: I I IJULY 2011 3 -3 31A-31 INITIAL STUDY CHECKLIST • No Impact. The development will not have any measurable environmental impact on the environment. • Less Than Significant Impact. The development will have the potential for impacting the environment, although this impact will be below established thresholds that are considered to be significant. • Less Than Significant Impact With Mitigation Incorporated. The development will have the potential to generate impacts which may be considered as a significant effect on the environment, although mitigation measures or changes to the development's physical or operational characteristics can reduce these impacts to levels that are less than significant. • Potentially Significant Impact. The development will have impacts which are considered significant, and additional analysis is required to identify mitigation measures that could reduce these impacts to less than significant levels. Where potential impacts are anticipated to be significant, mitigation measures will be required, so that impacts may be avoided or reduced to insignificant levels. I I IJULY 2011 3 -3 31A-31 INITIAL STUDY CHECKLIST J' This page intentionally left blank. BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration JULY 2011 3 -4 INITIAL STUDY CHECKLIST 31A-32 t t t t �I L [l BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 4.0 ENVIRONMENTAL ANALYSIS As stated within Section 2.0, Proiect Description, upon review of current activities at the site, the City has determined that the Bender Ready -Mix concrete manufacturing facility has been operating without a valid Conditional Use Permit (CUP). The Project Applicant would be required to acquire a CUP from the City to continue long -term operations. Since environmental review for existing on -site concrete manufacturing operations was not previously conducted, this analysis is intended to address impacts related to operation of the existing Bender Ready -Mix facility in addition to any improvements that would be required by the City for issuance of a CUP. The City anticipates that several improvements will be required in order for the project to meet the requirements of the City of Santa Ana Municipal Code (Municipal Code). These new improvements are described within Section 2.5, Proiect Characteristics. The following is a discussion of potential project impacts as identified in the Initial Study /Environmental Checklist. Explanations are provided for each item. 4.1 AESTHETICS ''_ -: Less Thart Potentially Sigriiftcant Less Than Would fhe: project '; No Significant Impact With Signi icaff Impact ' Impact Mitigation Impact 'k Incorporated 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? Ia) Have a substantial adverse effect on a scenic vista? No Impact. The City of Santa Ana's (City) General Plan identifies street corridors, watercourse corridors, inter -city corridors, City entries, and selected /screened views from a highway that consideration in terms of development within the City. The project site is not located in close proximity near any identified corridors, City entries, or selected /screened views from a highway. The nearest identified features consist of First Street (a "Primary Street Corridor" approximately 0.5 -mile north of the site) and a "Major City Entry" situated approximately 0.75 -mile northeast of the site along the City's border with Tustin. Existing concrete manufacturing operations at the project site do not currently affect any City- identified visual resources. Moreover, the various aesthetic, drainage, water quality, and safety enhancements included in the project would not affect City- identified resources and would result in beneficial aesthetic impacts. Since the project area is void of a scenic vista, no impacts would occur in this regard. Mitigation Measures: No mitigation is required. I JULY 2011 4.1 -1 AESTHETICS 31A-33 (a BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no officially- designated State scenic highways within proximity to the project site.' Thus, current operations do not affect scenic resources within a state scenic highway, nor would the identified on -site improvements associated with the project. For a discussion of potential impacts to identified scenic corridors within the City, refer to Response 4.1(a), above. Mitigation Measures: No mitigation is required. C) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant Impact. ' Short-Term Impacts , Short -term construction activities associated with the proposed project would temporarily impact the character /quality of the project site. Although the scope of construction activities associated with the project would be relatively minor, exposed surfaces, construction debris, equipment, and truck traffic would temporarily impact views from surrounding uses. However, the construction process would be short -term (approximately three months) and impacts would cease upon project completion. Although construction activities would occur in proximity to residential uses to the west, impacts are not expected to be significant due to intervening uses (Union Pack railroad alignment), structures (block walls), and current operations at the site that utilize heavy machinery and trucks. Thus, short-term impacts would be less than significant. Long -Term Impacts The Bender Ready -Mix facility occurs within a fully developed, industrialized area. As stated above in Response 4.1(a), no City- identified view corridors, City entries, or selected /screened views from a highway are located in the site vicinity. No unique aesthetic resources or views exist in the site vicinity. Given the range of heavy industrial uses in the area and lack of identified visual resources, the existing Bender Ready -Mix facility does not substantially degrade the visual character or quality of the site and its surroundings. The proposed project would involve various aesthetic, drainage, water quality, and safety , enhancements. Aesthetic improvements would include landscaping, a new block wall, aesthetic screening, and signage. Drainage /water quality improvements would consist of a detention /desilting basin and on -site drainage conveyance facilities. Safety improvements would include fencing and the repaving of South Santa Fe Street along the project frontage. None of the improvements associated with the project would have an adverse impact on the visual character or quality of the site or its surroundings. Rather, the project is expected to result in a beneficial impact in regards to aesthetics. Additional landscaping would be incorporated along the South Santa Fe Street frontage and western site boundary, a 10 -foot high block wall would surround the entire site, shielding operations from surrounding uses, aesthetic screening for roof - mounted equipment would be installed, and new signage would be implemented along the project frontage. Thus, no impact would occur in this regard. ' California Department of Transportation website, hftp://www.dot.ca.gov/hq/LandArch/scenic—highways/index.htm, accessed , January 28, 2011. JULY 2011 4.1 -2 AESTHETICS N 41 1 A -34 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT h Initial Study /Mitigated Negative Declaration Mitigation Measures: No mitigation is required. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? a JULY 2011 4.1 -3 AESTHETICS 31A-35 No Impact. Short -Term Impacts Short-term light and glare impacts are anticipated to be minimal, since no nighttime construction would be required for project implementation. Therefore, no impact would occur in this regard. Long -Term Impacts Security lighting currently exists at the Bender Ready -Mix facility. Light/glare also occurs as a result of existing vehicle headlights on roadways surrounding the site. Given the developed and industrialized nature of the project area, operations at the Bender Ready -Mix facility do not result in impacts that adversely affect nighttime views in the area. The proposed project would not result in any new lighting on -site. In addition, the project would not result in any expansion of long -term operations that would result in an increased number of vehicle trips to and from the site. Thus, impacts in this regard would not occur. Mitigation Measures: No mitigation is required. a JULY 2011 4.1 -3 AESTHETICS 31A-35 BENDER READY-MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration This page intentionally left blank. w r JULY 2011 4.1 -4 AESTHETICS 31A-36 t e I BENDER READY -MIX CONCRETE MANUFACTURING PROJECT j Initial Study /Mitigated Negative Declaration 4.2 AGRICULTURE AND FORESTRY RESOURCES 1 ofetrmisi rt+hether Impacts to agrcWtural resocircas st f`nvtcnt►jer%ta!ects; iead ag�ncCes may iefer to tfi�irlomra Agneultraf Land'Evaluabpn and S ss NJ1sement MceT(t997) �raaretl bye the Caldomia �flepairiinen "fCm►t- aoi seiv�s an op#io+tal inodelto use i 'Imactsgnagcultrirerltl4farmland 'l►i� assessing Lean khan ' afeterrnmga+hlmpacts ; fo �foresttresounes, ? mcluding Potentially Slgtiificant Less Than ' tiiribertanaf, ,.sigmcairtk env`ronrrfental effects, lead Significant ; hnpact'With Significant No mare agencies n4y.!refer=to'InfohnaUon compiled bq the California. Impact Mitigation •Impact Impact _. de artinOnt of ,Pores and Fire Protection regard the P try 8. 9 Incorporated tate's inventory ';of "forest land, 'including the Forest and Range .Assessment Project and the' Forest Legacy Assessment .-project; and forest carbon measurement methodology'proWed ' Forest Protocols adopted by the :. CaNfomia Air ftesources;Board..Woultl the pro'ectr a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring ✓ Program of the California Resources Agency, to non- agricultural use? b. Conflict with existing zoning for agricultural use, or a ✓ Williamson Act contract? c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code ✓ section 4526), or timberland zoned Timberland Production as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion of forest land to ✓ non - forest use? e. Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of ✓ Farmland, to non - agricultural use or conversion of forest land to non - forest use? 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 The proposed project site and surrounding areas are developed with urbanized uses. No farmland exists within the site vicinity. In addition, based on the Orange County Important Farmland 2008 Map prepared by the California Department of Conservation, the proposed project site does not occur upon any area designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Thus, no impacts would occur in this regard. IMitigation Measures: No mitigation is required. 1 California Department of Conservation Farmland Mapping and Monitoring Program, Orange County Important Farmland 2008 Map, published August 2009. JULY 2011 4.2 -1 AGRICULTURE AND FORESTRY RESOURCES 31A-37 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? I No Impact. As stated above, the project area is developed and urbanized, and no agricultural land exists within the site vicinity. The site is designated "Heavy Industrial" (M2) by the City of Santa Ana Zoning Ordinance (Zoning Ordinance). Thus, the project does not currently affect any land zoned for agricultural use under the City's Zoning Code and would not conflict with a Williamson Act contract. Likewise, proposed improvements at the site would not result in any zoning or Williamson Act contracts. No impacts would occur in this regard. Mitigation Measures: No mitigation is required. C) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The project site is completely developed and urbanized. As discussed above, the site is designated "Heavy Industrial" (M2). The project does not currently conflict with any areas zoned for forest or timberland, and neither would any of the proposed on -site improvements. No impacts would occur in this regard. Mitigation Measures: No mitigation is required. d) Result in the loss of forest land or conversion of forest land to non - forest use? No Impact Refer to Response 4.2(c), above. Mitigation Measures: No mitigation is required. e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? No Impact. As stated above in Responses 4.2(a) through 4.2(c), the project site is completely developed and is void of agricultural or forest resources. Thus, there is no potential for the conversion of these resources and no impacts would occur in this regard. Mitigation Measures: No mitigation is required. I I JULY 2011 4.2 -2 AGRICULTURE AND FORESTRY RESOURCES 31A-38 PA BENDER READY -MIX CONCRETE MANUFACTURING PROJECT F %-" Initial Study /Mitigated Negative Declaration 4.3 AIR QUALITY Where aw,allable, the sl ntcance criteriahestablrshed "by 19 Less Than ." appllcable air qda My ,management or ar pollut►on "control Potentially Significant Less Thart No "r. district may . be relied " upon - to make the following Significant Impact Impact With:_ Mitigation Significant Impact Impact determ uld inations. Wo the project: Incorporated a. Conflict with or obstruct implementation of the applicable air quality Ian? 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? a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact According to the CEQA Air Quality Handbook, in order to determine consistency with the South Coast Air Quality Management District (SCAQMD) Air Quality Management Plan (AQMP) two main criteria must be addressed. Criterion 1: With respect to the first criterion, SCAQMD methodologies require that an air quality analysis for a project include forecasts of project emissions in relation to contributing to air quality violations and delay of attainment. a) Would the project result in an increase in the frequency or severity of existing air qualify violations? Since the consistency criteria identified under the first criterion pertain to pollutant concentrations, rather than to total regional emissions, an analysis of the project's pollutant emissions relative to localized pollutant concentrations is used as the basis for evaluating project consistency. As discussed in Response 4.3(d), below, localized concentrations of CO, NOx, PM,o, and PM2.5 would be less than significant. Therefore, the proposed project would not result in an increase in the frequency or severity of existing air quality violations. Because ROGs are not a criteria pollutant, there is no ambient standard or localized threshold for ROGs. Due to the role ROG plays in ozone formation, it is classified as a precursor pollutant and only a regional emissions threshold has been established. JULY 2011 4.3 -1 AIR QUALITY 31A-39 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration b) Would the project cause or contribute to new air quality violations? The proposed project would result in emissions that would be below the SCAQMD thresholds. Therefore, the proposed project would not have the potential to cause or affect a violation of- the ambient air quality standards. c) Would the project delay timely attainment of air quality standards or the interim emissions reductions specified in the AQMP? The proposed project would result in less than significant impacts with regard to localized concentrations during project construction and operations. As such, the proposed project would not delay the timely attainment of air quality standards or AQMP emissions reductions. Criterion 2: With respect to the second criterion for determining consistency with SCAQMD and Southern California Association of Governments (SCAG) air quality policies, it is important to recognize that air quality planning within the South Coast Air Basin (Basin) focuses on attainment of ambient air quality standards at the earliest feasible date. Projections for achieving air quality goals are based on assumptions regarding population, housing, and growth trends. Thus, the SCAQMD's second criterion for determining project consistency focuses on whether or not the proposed project exceeds the assumptions utilized in preparing the forecasts presented in the AQMP. Determining whether or not a project exceeds the assumptions reflected in the AQMP involves the evaluation of the three criteria outlined below. The following discussion provides an analysis of each of these criteria. a) Would the project be consistent with the population, housing, and employment growth projections utilized in the preparation of the AQMP? A project is consistent with the AQMP in part if it is consistent with the population, housing, and employment assumptions that were used in the development of the AQMP. In the case of the 2007 Air Quality Management Plan for the South Coast Air Basin (2007 AQMP), three sources of data form the basis for the projections of air pollutant emissions: the City of Santa Ana General Plan (General Plan), SCAG's Growth Management Chapter of the Regional Comprehensive Plan and Guide (RCPG), and SCAG's 2008 Regional Transportation Plan (RTP). The RTP also provides socioeconomic forecast projections of regional population growth. The proposed project would be consistent with the General Plan land use designation for the project area as "Industrial" (IND). The General Plan establishes goals and policies that are intended to guide development throughout the City. Thus, the proposed project is consistent with City -wide plans for population growth at the project site. The proposed project is consistent with the types, intensity, and patterns of land use envisioned for the site vicinity in the RCPG. The population, housing, and employment forecasts, which are adopted by SCAG's Regional Council are based on the local plans and policies applicable to the City; these are used by SCAG in all phases of implementation and review. Additionally, as the SCAQMD has incorporated these same projections into the 2007 AQMP, it can be concluded that the proposed project would be consistent with the projections. b) Would the project implement all feasible air quality mitigation measures? The proposed project would result in less than significant air quality impacts. Compliance with emission reduction measures identified by the SCAQMD would be required as identified in Response 4.3(b) and 4.3(c). As such, the proposed project meets this AQMP consistency criterion. JULY 2011 4.3 -2 AIR QUALITY C t 11 L _l �I F 1 0 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study/Mitigated Negative Declaration Ic) Would the project be consistent with the land use planning strategies set forth in the AQMP? The proposed project involves minor construction improvements at the project site as well as continued existing facility operations. The project would not conflict with City and SCAG policies. In conclusion, the determination of AQMP consistency is primarily concerned with the long -term influence of a project on air quality in the Basin. The proposed project would not result in a long -term impact on the region's ability to meet State and Federal air quality standards, as the project would only generate construction emissions. Also, the proposed project would be consistent with the goals and policies of the AQMP for control of fugitive dust. As discussed above, the proposed project would not conflict with the goals and policies of the AQMP and is, therefore, considered consistent with the SCAQMD's 2007 AQMP. Mitigation Measures: No mitigation is required. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ' Less Than Si_onificant Impact. SHORT -TERM (CONSTRUCTION) EMISSIONS Construction Emissions The project involves site improvements with regards to aesthetics, drainage /water quality, and safety at and surrounding the project site. Construction activities would involve demolition, earthwork, trenching, paving, and building construction. Construction would occur over approximately three months in mid- 2011. Construction activities would require the export of approximately 1,576 cubic yards of soil, and the paving of approximately 0.33 acres. Table 4.3 -1, Construction Air Emissions, depicts the construction emissions associated with the project. Emitted pollutants would include ROG, CO, NOx, PM,o, and PM2.5. The largest amount of ROG, CO, and NOx emissions would occur during the earthwork phase of construction from off -road diesel emissions. PM,o and PM2.5 emissions would occur from fugitive dust (due to earthwork and excavation) and from construction equipment exhaust. The majority of PM,o and PM2,5 emissions would be generated by fugitive dust from earthwork activities. Exhaust emissions from construction activities include emissions associated with the transport of machinery and supplies to and from the project site, emissions produced on -site as the equipment is used, and emissions from trucks transporting materials to and from the site. 1 As depicted in Table 4.3 -1, construction- related emissions would not exceed the established SCAQMD thresholds for criteria pollutants. However, the proposed project would be required to adhere to standard SCAQMD regulations, such as implementing SCAQMD Rule 403 which would further reduce construction emissions. With adherence to SCAQMD standard regulations, impacts would be less than significant. JULY 2111 4.3 -3 31A-41 AIR QUALITY BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration Table 4.3.1 Construction Air Emissions JULY 2011 Naturally Occurring Asbestos Asbestos is a term used for several types of naturally occurring fibrous minerals that are a human health hazard when airborne. The most common type of asbestos is chrysotile, but other types such as tremolite and actinolite are also found in California. Asbestos is classified as a known human carcinogen by State, Federal, and international agencies and was identified as a toxic air contaminant by the California Air Resources Board in 1986. Asbestos can be released from serpentinite and ultramafic rocks when the rock is broken or crushed. At the point of release, the asbestos fibers may become airborne, causing air quality and human health hazards. These rocks have been commonly used for unpaved gravel roads, landscaping, fill projects, and other improvement projects in some localities. Asbestos may be released to the atmosphere due to vehicular traffic on unpaved roads, during grading for development projects, and at quarry operations. All of these activities may have the effect of releasing potentially harmful asbestos into the air. Natural weathering and erosion processes can act on asbestos bearing rock and make it easier for asbestos fibers to become airborne if such rock is disturbed. According to the Department of Conservation Division of Mines and Geology, A General Location Guide for Ultrarnafrc Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report (August 2000), serpentinite and ultramafic rocks are not known to occur within the project area. Thus, there would be no impact in this regard. OPERATIONAL EMISSIONS Mobile Source Long -term air quality impacts consist of mobile source emissions generated from project- related traffic and from stationary source emissions. The project would result in on -site aesthetics, drainage /water quality, and safety improvements required for CUP compliance. These improvements would not alter or expand existing concrete manufacturing operations at the facility. Although there would be no new or increased long -term operational emissions, existing operational emissions have been quantified. Project operations generate approximately 88 daily trips (accounting for 12 employees and assuming 20 truck loads per day). 4.3 -4 i A I u [I I'] t 1 1 J r] AIR QUALITY I NIL s - ! .ice:: 1#*? Unmitigated Emissions 3.19 27,70 14.55 0.01 2.05 1.24 Mitigated Emissions2 3.19 27.70 14.55 0.01 1.79 1.24 SCAQMD Thresholds 75 100 550 150 150 55 Is Threshold Exceeded? No No No No No No ROG = reactive organic gases; NOx = nitrogen oxides; CO = carbon monoxide; S02 = sulfur dioxide; PMio = particulate matter up to 10 microns; PM2.5 = particulate matter up to 2.5 microns Notes: 1. Emissions were calculated using the URBEMIS 2007 version 9.2.4 Computer Model, as recommended by the SCAQMD. 2. Mitigated emissions refer to the inclusion of SCAQMD Rule 403 (Fugitive Dust), which requires exposed soils to be watered twice daily. Refer to Appendix A, Air Quality /Greenhouse Gases Data, for model output sheets. JULY 2011 Naturally Occurring Asbestos Asbestos is a term used for several types of naturally occurring fibrous minerals that are a human health hazard when airborne. The most common type of asbestos is chrysotile, but other types such as tremolite and actinolite are also found in California. Asbestos is classified as a known human carcinogen by State, Federal, and international agencies and was identified as a toxic air contaminant by the California Air Resources Board in 1986. Asbestos can be released from serpentinite and ultramafic rocks when the rock is broken or crushed. At the point of release, the asbestos fibers may become airborne, causing air quality and human health hazards. These rocks have been commonly used for unpaved gravel roads, landscaping, fill projects, and other improvement projects in some localities. Asbestos may be released to the atmosphere due to vehicular traffic on unpaved roads, during grading for development projects, and at quarry operations. All of these activities may have the effect of releasing potentially harmful asbestos into the air. Natural weathering and erosion processes can act on asbestos bearing rock and make it easier for asbestos fibers to become airborne if such rock is disturbed. According to the Department of Conservation Division of Mines and Geology, A General Location Guide for Ultrarnafrc Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report (August 2000), serpentinite and ultramafic rocks are not known to occur within the project area. Thus, there would be no impact in this regard. OPERATIONAL EMISSIONS Mobile Source Long -term air quality impacts consist of mobile source emissions generated from project- related traffic and from stationary source emissions. The project would result in on -site aesthetics, drainage /water quality, and safety improvements required for CUP compliance. These improvements would not alter or expand existing concrete manufacturing operations at the facility. Although there would be no new or increased long -term operational emissions, existing operational emissions have been quantified. Project operations generate approximately 88 daily trips (accounting for 12 employees and assuming 20 truck loads per day). 4.3 -4 i A I u [I I'] t 1 1 J r] AIR QUALITY I BENDER READY -MIX CONCRETE MANUFACTURING PROJECT ' Initial Study /Mitigated Negative Declaration 1 Area Source Emissions v �J PI LJ Area source emissions are generated from electrical energy and natural gas consumption. The primary use of natural gas by the facility is for combustion to produce space heating, water heating, and other miscellaneous heating or air conditioning sources. It is noted that the facility has obtained the required permits from the SCAQMD for on -site cement storage tanks, concrete batch equipment, and a dry filter. The project would not result in any new stationary sources and would not generate any new trips. As indicated in Table 4.3 -2, Operational Air Emissions, emissions generated by vehicle traffic and area source emissions do not exceed established SCAQMD thresholds for SOx, ROG, CO, NOx, PM1o, and PM2.5. As the total operational (mobile and area sources) emissions for the proposed project do not exceed SCAQMD thresholds, air quality impacts from operations are less than significant. Mitigation Measures: No mitigation is required. Table 4.3 -2 Operational Air Emissions r AP Area Source Emissions 0.22 0.83 2.23 0.00 0.01 0.01 Vehicle Emissions 0.59 4.69 7.46 0.02 1.78 0.45 Total Emissions 0.81 5.52 9.69 0.02 1.79 0.46 SCAQMD Thresholds 55 55 550 150 150 55 Thresholds Exceeded? No No No No No No Notes; ROG = reactive organic gases; NOx = nitrogen oxides; CO = carbon monoxide; S02 = sulfur dioxide; PM10 = particulate matter; up to 10 microns; PMz,s = particulate matter; up to 2.5 microns 1. Based on URBEMIS 2007 (version 9.2.4) modeling results, worst-case seasonal emissions for area and mobile emissions have been modeled. 2. Area Source emissions exclude the use of fireplaces and wood burning stoves. Refer to Appendix A, Air QualitylGreenhouse Gases Data. 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)? Less Than Significant Impact. IJULY 2011 CUMULATIVE CONSTRUCTION IMPACTS With respect to the proposed projects construction -period air quality emissions and cumulative Basin - wide conditions, the SCAQMD has developed strategies to reduce criteria pollutant emissions outlined in the 2007 AQMP pursuant to Federal Clean Air Act mandates. As such, the proposed project would comply with SCAQMD Rule 403 requirements, and implement all feasible mitigation measures. Rule 403 requires that fugitive dust be controlled with the best available control measures in order to reduce dust so that it does not remain visible in the atmosphere beyond the property line of the proposed project. In addition, the proposed project would comply with adopted 2007 AQMP emissions control measures. Per SCAQMD rules and mandates, as well as the CEQA requirement that significant impacts be mitigated to the extent feasible, these same requirements (i.e., Rule 403 compliance, the implementation of all feasible mitigation measures, and compliance with adopted Air Quality Management Plan emissions control measures) would also be imposed on construction projects throughout the Basin, which would include related projects. 4.3 -5 i iki F.111 AIR QUALITY BENDER READY-MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration Compliance with SCAQMD rules and regulations would reduce the proposed project's construction- ' 9 1e related impacts to a less than significant level. Thus, it can be reasonably inferred that the project - related construction emissions, in combination with those from other projects in the area, would not substantially deteriorate the local air quality. Thus, a less than significant impact would occur in this regard. CUMULATIVE OPERATIONAL IMPACTS As discussed previously, the existing facility operations do not exceed SCAQMD emission thresholds and do contribute to air quality impacts. Additionally, adherence to SCAQMD rules and regulations would alleviate potential impacts related to cumulative conditions on a project -by- project basis. Emission reduction technology, strategies, and plans are constantly being developed, As a result, the facility does not contribute a cumulatively considerable net increase of any nonattainment criteria pollutant. Therefore, cumulative operational impacts associated with the project are less than significant. Mitigation Measures: No mitigation is required. d) Expose sensitive receptors to substantial pollutant concentrations? ' Less Than Significant Impact. Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. The California Air Resources Board (CARB) has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. Sensitive receptors near the project site include multi - family residences to the west of the project site. In order to identify impacts to sensitive receptors, the *SCAQMD recommends addressing localized significance thresholds for construction and operations impacts (area sources only). Carbon monoxide hot -spot analyses are generally performed for the analysis of localized mobile source impacts. LOCALIZED SIGNIFICANCE THRESHOLDS (LST) Localized Significance Thresholds (LSTs) were developed in response to SCAQMD Governing Boards' Environmental Justice Enhancement Initiative (1 -4). The SCAQMD provided the Final Localized Significance Threshold Methodology (dated June 2003 [revised 2008]) for guidance. The LST methodology assists lead agencies in analyzing localized impacts associated with project - specific level proposed projects. The SCAQMD provides the LST lookup tables for one, two, and five acre projects emitting CO, NOx, PM2.e, or Mo. The LST methodology and associated mass rates are not designed to evaluate localized impacts from mobile sources traveling over the roadways. The SCAQMD recommends that any project over five acres should perform air quality dispersion modeling to assess impacts to nearby sensitive receptors. The project is located within Sensitive Receptor Area (SRA) 17, Central Orange County. JULY 2011 The project site is approximately 0.97 acre in size; therefore, the LST thresholds for a one -acre project were utilized for the LST analysis. The closest sensitive receptors to the project site are multi - family residential units to the west of the project site. These sensitive land uses may be potentially affected by air pollutant emissions generated during on -site construction activities. LST thresholds are provided for distances to sensitive receptors of 25, 50, 100, 200, and 500 meters. As the nearest sensitive use is approximately 50 meters away, the LST value for 50 meters was utilized. 4.3 -6 31A-44 AIR QUALITY I BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration Table 4.3 -3, Localized Significance of Emissions, shows the construction- and operational- related emissions for NOx, CO, PM,o, and PM2.5 compared to the LSTs for SRA 17, Central Orange County. ' As shown in Table 4.3 -3, emissions would not exceed the LSTs for SRA 17. Therefore, localized significance impacts are less than significant. Table 4.3 -3 Localized Significance of Emissions i PQ n ti8fa a�� K Construction 2011 Total Mitigated Emissions 27.70 14.55 1.79 1.24 Localized Significance Threshold 83 753 12 4 Thresholds Exceeded? No No No No Operations Area Source Emissions 0.83 2.23 0.01 0.01 Localized Significance Threshold 83 753 3 1 Thresholds Exceeded? No No No No Note: 1. The Localized Significance Threshold was determined using Appendix C of the SCAQMD Final Localized Significant Threshold Methodology guidance document for pollutants NOx, CO, PM,o, and PM2.5. The Localized Significance Threshold was based on the project site's acreage (0.97), the distance to sensitive receptors 50 meters), and the source receptor area SRA 17). CARBON MONOXIDE HOTSPOTS The SCAQMD requires a quantified assessment of CO hotspot when a project increases the volume to capacity ratio (also called the intersection capacity utilization) by 0.02 (two percent) for any intersection with an existing level of service (LOS) D or worse. Because traffic congestion is highest at intersections where vehicles queue and are subject to reduced speeds, these hotspots are typically produced at intersection locations. However, as the proposed project would not result in any new trips following completion of construction activities, a CO hotspot analysis is not required. No impact would occur in this regard. Mitigation Measures: No mitigation is required. e) Create objectionable odors affecting a substantial number of people? Less Than Sfgnifrcantlmpact. ' According to the SCAQMD CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The proposed project does not include any uses identified by the SCAQMD as being associated with odors. Construction activities associated with the project may generate detectable odors from heavy -duty equipment exhaust. Construction - related odors would be short -term in nature and cease upon project completion. Any impacts to existing adjacent land uses would be short-term and are less than significant. Mitigation Measures: No mitigation is required. JULY 2011 4.3 -7 AIR QUALITY 31A-45 ` BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration This page intentionally left blank. JULY 2011 4.3 -8 AIR QUALITY 31A-46 t F_j 'I 1 I (a BENDER READY-MIX CONCRETE MANUFACTURING PROJECT Initial Study/Mitigated Negative Declaration 1 4.4 BIOLOGICAL RESOURCES t r oufd th�'projeCt $ 'Pdteniially Less Than. Significant : ; Leas Than No :. Significant :Impact ImpacfWitti' Mitigatlori Signiflcant'_ Cmpact Impact _ Incorpdrated 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? j b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California ✓ Department . of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on 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 nurseq 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 Ian? 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 area has historically been impacted by heavy industrial uses. The proposed project site was fully impacted and developed prior to Bender Ready -Mix assuming operations at the site in 2006. No habitat capable of supporting candidate, sensitive, or special status species occurs on- site. Thus, no impacts in this regard would occur. Miti_oation Measures: No mitigation is required. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact As stated above within Response 4.4(a), the proposed project site is completely developed and no sensitive biological resources or habitats (including riparian habitat) exists. No impacts would occur in this regard. JULY 2011 4.4-1 BIOLOGICAL RESOURCES 31A-47 BENDER READY-MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration Mitigation Measures: No mitigation is required. , 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 Refer to Responses 4.4(a) and 4.4(b) above. The project site has been previously ' disturbed and is void of sensitive plants, wildlife, and habitats (including wetlands). Thus, no impacts would occur in this regard. Mitigation Measures: No mitigation is required. 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. The project would not have the capability to interfere with wildlife movement, nor would it impede the use of wildlife nursery sites. The project area has historically been impacted by heavy industrial uses. The proposed project site was fully impacted and developed prior to Bender Ready -Mix assuming operations at the site in 2006. No sensitive biological habitat exists in the project area, and the area does not support the existence of resident or migratory fish or wildlife species. Thus no impacts would occur in this regard. Mitigation Measures: No mitigation is required. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No impact As discussed above in Responses 4.4(a) and 4.4(b), above, the proposed project would not result in impacts to sensitive biological resources. The site is currently being utilized for heavy industrial purposes. A minimal amount of landscaping exists along the South Santa Fe Street frontage. ' The only policies applicable to the project are from Chapter 33, Article VII, Regulation of the Planting, Maintenance, and Removal of Trees of the City's Municipal Code. The proposed project would be consistent with the City's Municipal Code in relation to the addition or removal of trees, No impacts would occur in this regard. Mitigation Measures: No mitigation is required. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, orstate habitat conservation plan? ' No Impact According to the U.S. Fish and Wildlife Service's HCP /NCCP Planning Areas in Southern California Map, the proposed project is not located within a Habitat Conservation Plan or Natural Community Conservation Plan.' No other approved local, regional, or state habitat conservation plans apply to the site. Thus, no impacts would occur in this regard. Mitigation Measures: No mitigation is required. I fl 1 U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, HCP /NCCP Planning Areas in Southern California, October 2008. JULY 2011 4.4-2 BIOLOGICAL RESOURCES 31A-48 1 4.5 CULTURAL RESOURCES I I J BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration M kk r Less Than 1�/ourd file protect `" �; ' Potentially= Significant' ' Leas Than No `Slgnlficarit Impact With Significantt impact . Mitigation Impact Impact Incorporated, , a. Cause a substantial adverse change in the significance of a ✓ historical resource as defined in CEQA Guidelines 15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines ( ✓ 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? a) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines §15064.5? No Impact. The proposed project would not result in a substantial adverse change in the significance of a historical resource. No known historical resources exist on -site. As stated within Section 2.0, Project Description, the project includes aesthetic, drainage, water quality, and safety improvements, none of which would result in the demolition or substantial alteration of any existing on -site structures. Thus, no impacts would occur in this regard. Mitigation Measures: No mitigation is required. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines §15064.5? Less Than Slanificant Impact With Mitigation Incorporated. No known archaeological resources exist within the boundaries of the project site. The site has been completely disturbed through the development of existing heavy industrial uses. However, minor amounts of grading and excavation would be required as part of proposed project improvements. Although it is not expected that archaeological resources would be encountered during the grading /excavation process, Mitigation Measure CUL -1 is provided in the unlikely event such resources are discovered. Upon implementation of the recommended mitigation measure, impacts would be less than significant, Mitigation Measure: CUL -1 In the event buried cultural resources are discovered during construction activities, an Orange County - certified archaeologist shall be retained to evaluate the discovery prior to resuming construction in the immediate vicinity of the find. if warranted, the archaeologist shall collect the resource, and prepare a technical report describing the results of the investigation. The certified archaeologist shall prepare excavated materials to the point of identification, and shall offer excavated finds for curatorial purposes to the County of Orange, or its designee, on a first refusal basis. The Project Applicant shall also be responsible for the payment of County of Orange curatorial fees, if applicable. JULY 2011 4.5 -1 CULTURAL RESOURCES iki A A , (a BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration JULY 2011 4.5-2 ,k f_[_ �C I CULTURAL RESOURCES I C) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ' Less Than Significant Impact The project site and surrounding area has been completely disturbed by grading and excavation associated with existing development. Paleontological resources are not expected to occur on -site given previous levels of disturbance in the vicinity. Impacts in this regard are not anticipated to be significant. Miti_ation Measures: No mitigation is required. d) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant Impact With Mitigation Incorporated. Given the developed and disturbed nature of the project site, no known human remains, including those interred outside of formal cemeteries, are expected to be encountered during earth removal or disturbance activities. 1 In accordance with Section 7050.5 of the Califomia Health and Safety Code, in the unlikely event human remains are found during construction, the County Coroner shall be notified within 24 hours of the discovery. If the County Coroner determines that the remains are or believed to be Native American, the County Coroner shall notify the Native American Heritage Commission (NAHC) to determine the appropriate Native American representative for consultation on the disposition of the human remains (refer to Mitigation Measure CUL -3). Thus, impacts would be less than significant. Mitigation Measures: CUL -2 In the event human remains are found during construction, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has determined, within two working days of notification of the discovery, the appropriate treatment and disposition of the human ' remains. If the County Coroner determines that the remains are or believed to be Native American, the County Coroner shall notify the Native American Heritage Commission in Sacramento within 48 hours. In accordance with Section 5097.98 of the California Public Resources Code, the NAHC must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendents shall complete their inspection within 48 hours of being granted access to the site. The designated Native American representative would then determine, in consultation with the property owner, the disposition of the human remains. JULY 2011 4.5-2 ,k f_[_ �C I CULTURAL RESOURCES I BENDER READY -MIX CONCRETE MANUFACTURING PROJECT (@0 Initial Study /Mitigated Negative Declaration 1 4.6 GEOLOGY AND SOILS J t a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) 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 4Z No Impact. Southern California, including the project area, is subject to the effects of seismic activity due to the active faults that traverse the area. Active faults are defined as those that have experienced surface displacement within Holocene time (approximately the last 11,000 years) and /or are in a State - designated Alquist - Priolo Earthquake Fault Zone. According to the Seismic Safety Element of the City's General Plan, no faults (active, potentially active, or inactive) are known to exist within the City. Since no known faults exist in the site vicinity and the site is not located within an Alquist - Priolo Earthquake Fault Zone, impacts would not occur in this regard. Mitigation Measures: No mitigation is required. JULY 2011 4.6-1 GEOLOGY AND SOILS 31A-51 Less Than Would the pm ect Potentially ,. Slgnificant,_ . Signifiicant, ImpactW�th "• Less Than Significant No - ;Impact Miggatlon . Impact Impact's Incorporated .: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvin : 1) 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. 2) Strong seismic ground shaking? ✓ 3) Seismic- related ground failure, including liquefaction? ✓ 4) 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? a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) 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 4Z No Impact. Southern California, including the project area, is subject to the effects of seismic activity due to the active faults that traverse the area. Active faults are defined as those that have experienced surface displacement within Holocene time (approximately the last 11,000 years) and /or are in a State - designated Alquist - Priolo Earthquake Fault Zone. According to the Seismic Safety Element of the City's General Plan, no faults (active, potentially active, or inactive) are known to exist within the City. Since no known faults exist in the site vicinity and the site is not located within an Alquist - Priolo Earthquake Fault Zone, impacts would not occur in this regard. Mitigation Measures: No mitigation is required. JULY 2011 4.6-1 GEOLOGY AND SOILS 31A-51 (a BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration JULY 2011 2) Strong seismic ground shaking? Less Than Significant Impact With Mitigation Incorporated. Southern California has numerous active seismic faults subjecting residents to potential earthquake and seismic - related hazards. Seismic activity poses two types of potential hazards for residents and structures, categorized either as primary or secondary hazards. Primary hazards include ground rupture, ground shaking, ground displacement, subsidence, and uplift from earth movement. Primary hazards can also induce secondary hazards such as ground failure (lurch cracking, lateral spreading, and slope failure), liquefaction, water waves (seiches), movement on nearby faults (sympathetic fault movement), dam failure, and fires. As stated above in Response 4.6(a), no faults (active, potentially active, or inactive) are known to exist within the City. However, the City is in close proximity to two major faults: the Newport- Inglewood Fault Zone and the Whittier - Elsinore Fault Zone. The San Andreas and Raymond Faults are also proximate to the City. Of these faults, the Newport- Inglewood Fault Zone is considered the most likely source for future earthquakes. These faults are listed in Table 4.6 -1, Principal Faults Affecting the Proiect Site. Table 4.6 -1 Principal Faults Affecting the Project Site 1=AULT NAME APPROXIMATE DISTANCE FjICHTERMAGNITUDEOF. MAXI MUM CREDIBLE SITE= MILES HIS'ORICAL EA�t7HQUAKE. RICHTER MAGNITUDE Newport- In lewood 8 6.3 1993 7.1 Whittier- Elsinore 12,5 5.5(1938) 71 6.0 1910 Raymond _f 30 NIA 6.8 San Andreas 40 6.5(1948) 8.25 8.0 1957 Source: City of Santa Ana General Plan, Seismic Safety Element, reformatted January 2010. Given the proximity of these earthquake faults to the site, the proposed project could be subjected to seismic shaking. However, the proposed project would not include the development of any new structures or other facilities that could expose people to potential substantial adverse effects from seismic shaking. Moreover, the existing structures on -site have not sustained substantial damage due to seismic shaking since their construction in 1965. As stated within Section 2.0, Proiect Description, the project would involve minor aesthetic, drainage, water quality, and safety improvements. None of these improvements would substantially alter the existing structures on -site. The construction of proposed components such as a 10 -foot high block wall and aesthetic screening on the existing rooftop would comply with the existing construction ordinances and the California Building Code, (CBC) in order to minimize hazards during a seismic event. Adherence to these building requirements would minimize risks related to seismic shaking to a less than significant level. Mitigation Measure: GEO -1 The Project Applicant shall ensure that the proposed project meets the design parameters identified in the latest version of the California Building Code. 4.6 -2 31A-52 t 1 GEOLOGY AND SOILS I 1 (;5 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 1 3) Seismic - related ground failure, including liquefaction? 1 Less Than Significant Impact With Mitigation Incorporated. Liquefaction of cohesionless soils can be caused by strong vibratory motion due to earthquakes. Liquefaction is characterized by a loss of shear strength in the affected soil layers, thereby causing the soils to behave as a viscous liquid. Susceptibility to liquefaction is based on geologic and geotechnical data. River channels and floodplains are considered most susceptible to liquefaction, while alluvial fans have a lower susceptibility. Depth to groundwater is another important element in the susceptibility to liquefaction. Groundwater shallower than 30 feet results in high to very high susceptibility to liquefaction, while deeper water results in low and very low susceptibility. Based upon the Seismic Hazard Element of the City's General Plan, the project site is subject to the potential for liquefaction. Given the minor nature of improvements associated with the project, it is not expected that any liquefaction - related hazards would occur. Moreover, the existing structures on -site have not sustained damage due to liquefaction since their construction in 1965. In addition, as stated above, the improvements associated with the project would be designed and constructed in accordance with CBC requirements to minimize any impacts related to seismically- induced liquefaction (refer to Mitigation Measure GEO -1). Thus, impacts in this regard are considered less than significant. Mitigation Measures: Refer to Mitigation Measure GEO -1. No additional mitigation is required. 4) Landslides? No Impact Landslides are a serious geologic hazard, with some moving slowly and causing damage gradually, and others moving rapidly and causing unexpected damage. Gravity is the force driving landslide movement. Factors that commonly allow the force of gravity to overcome the resistance of earth material to landslide movement include saturation by water, steepening of slopes by erosion or construction, alternate freezing or thawing, and seismic shaking. The proposed project site and surrounding areas are fully developed and topography is generally flat. There are no landforms within the vicinity capable of producing a landslide. Thus, no impacts would occur in this regard. ' Mitigation Measures: No mitigation is required. b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact With Mitigation Incorporated. Grading and excavation activities associated with the proposed project would expose soils to potential short -term erosion by wind and water. Since the project impact area would be below one acre, the proposed project would not be subject to the requirements of the Construction General Permit under the National Pollutant Discharge Elimination System (NPDES) program administered by the Santa Ana Regional Water Quality Control Board (RWQCB). However, project construction would be required to comply with Chapter 18, Article VII, Water Pollution, of the City's Municipal Code. The Municipal Code includes numerous measures for the control of erosion and urban runoff for both new development and redevelopment. Upon adherence to these requirements, impacts in this regard would be less than significant (refer to Mitigation Measure GEO -2). I JULY 2011 4.6 -3 GEOLOGY AND SOILS 31A-53 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration Substantial soil erosion or loss of topsoil is not expected to occur during long -term operations. The proposed project would implement drainage and water quality features on -site that would result in a beneficial long -term impact related to water quality. Thus, impacts in this regard would be less than significant. Mitigation Measures: GEO -2 The construction contractor shall ensure that the project complies with Chapter 18, Article VII, Water Pollution, of the City of Santa Ana Municipal Code. Water quality features intended to reduce construction- related erosion impacts shall be clearly denoted on the grading plans for implementation by the construction contractor. 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 an on -site or off site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Si_gniftcant Impact With Mitigation Incorporated. Based on analysis provided in Response 4.6(a)(4), the project would not result in impacts related to on -site or off-site landslides. In addition, Response 4.6(a)(3) provides that Mitigation Measure GEO -1 would mitigate impacts related to liquefaction to a less than significant level. Project impacts related to lateral spreading, subsidence, and collapse are not expected to be significant upon implementation of Mitigation Measure GEO -1. The project site has historically been developed with heavy industrial uses and has not experienced impacts related to unstable soils. Given the minor nature of improvements associated with the project, it is not expected that any hazards would occur. However, as stated above, the improvements associated with the project would be designed and constructed in accordance with CBC requirements to minimize any impacts related to lateral spreading, subsidence, and collapse. Thus, impacts in this regard are considered less than significant. Mitigation Measure: Refer to Mitigation Measure GEO -1. No additional mitigation is required. 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 With Mitigation Incorporated. The project site is underlain by San Emigdio fine sandy loam.' San Emigdio fine sandy loam is a well - drained soil with moderately rapid permeability. As stated above in Response 4.6(c), the project site has historically been developed with heavy industrial uses and has not experienced hazards related to expansive soils. Given the minor nature of improvements associated with the project, it is not expected that any hazards would occur. However, as stated above, the proposed project would be designed and constructed in accordance with CBC requirements to minimize any impacts related to expansive soils. Thus, impacts in this regard are considered less than significant upon implementation of Mitigation Measure GEO -1. Mitigation Measures: Refer to Mitigation Measure GEO -1. No additional mitigation is required. 1 U.S, Department of Agriculture, Soil Conservation Service and Forest Service, Soil Survey of Orange County and Western Riverside County, September 1978. JULY 2011 4.6 -4 GEOLOGY AND SOILS 31A-54 n 1, r� fl 'BENDER READY -MIX CONCRETE MANUFACTURING PROJECT (2) Initial Study/Mitigated Negative Declaration 1 1 1 1 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? No Impact No septic tanks or alternative wastewater systems would be constructed as part of the project, and no impacts would occur in this regard. Mitigation Measures: No mitigation is required. JULY 2011 4.6 -5 31A-55 GEOLOGY AND SOILS (9) BENDER READY -MIX CONCRETE MANUFACTURING PROJECT ' Initial Study /Mitigated Negative Declaration This page intentionally left blank. ' JULY 2011 4.6-6 GEOLOGY AND SOILS ' 31A-56 na�aw ' BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration ' 4.7 GREENHOUSE GASES I ¢�J a fi ¥Ls q Thin T : aWau a �; P� ��," Pc nffallp ,3 S�r1}ficaht I�Signlflcant Leas ihanh ` N� ;' ,,$ignit?iairt Impaci Impact 116 0 a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the ✓ environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ✓ a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. GLOBAL CLIMATE CHANGE California is a substantial contributor of global greenhouse gases (GHGs), emitting over 400 million tons of carbon dioxide (CO2) per year.' Climate studies indicate that California is likely to see an increase of three to four degrees Fahrenheit ( °F) over the next century. Methane is also an important GHG that potentially contributes to global climate change. GHGs are global in their effect, which is to increase the earth's ability to absorb heat in the atmosphere. As primary GHGs have a long lifetime in the atmosphere, accumulate over time, and are generally well - mixed, their impact on the atmosphere is mostly independent of the point of emission. The impact of anthropogenic activities on global climate change is apparent in the observational record. Air trapped by ice has been extracted from core samples taken from polar ice sheets to determine the global atmospheric variation of CO2, methane (CH4), and nitrous oxide (N20) from before the start of industrialization (approximately 1750), to over 650,000 years ago. For that period, it was found that CO2 concentrations ranged from 180 parts per million (ppm) to 300 ppm. For the period from approximately 1750 to the present, global CO2 concentrations increased from a pre - industrialization ' period concentration of 280 ppm to 379 ppm in 2005, with the 2005 value far exceeding the upper end of the pre - industrial period range. REGULATIONS AND SIGNIFICANCE CRITERIA The Intergovernmental Panel on Climate Change (IPCC) constructed several emission trajectories of GHGs needed to stabilize global temperatures and climate change impacts. It concluded that a ' stabilization of GHGs at 400 to 450 ppm carbon dioxide - equivalent (CO2eq) concentration is required to keep global mean warming below two degrees Celsius ( °C), which in turn is assumed to be necessary to avoid dangerous climate change. California Governor Arnold Schwarzenegger issued Executive Order S -3 -05 in June 2005, which established the following GHG emission reduction targets: 1 California Energy Commission, Inventory of California Greenhouse Gas Emissions and Sinks: 1990 to 2004, 2006. tJULY 2011 4.7 -1 GREENHOUSE GASES 31A-57 (@0 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT I Initial Study /Mitigated Negative Declaration 2010: Reduce GHG emissions to 2000 levels; ' • 2020: Reduce GHG emissions to 1990 levels; and • 2050: Reduce GHG emissions to 80 percent below 1990 levels. Assembly Bill (AB) 32 requires that the California Air Resources Board (CARB) determine what the statewide GHG emissions level was in 1990, and approve a statewide GHG emissions limit that is equivalent to that level, to be achieved by 2020. CARB has approved a 2020 emissions limit of 427 million metric tons of CO2 equivalent. Due to the nature of global climate change, it is not anticipated that any single development project ' would have a substantial effect on global climate change. In actuality, GHG emissions from the proposed project would combine with emissions emitted across California, the United States, and the world to cumulatively contribute to global climate change. In June 2008, the California Govemor's Office of Planning and Research (OPR) published a Technical ' Advisory, which provides informal guidance for public agencies as they address the issue of climate change in CEQA documents.2 This is assessed by determining whether a proposed project is consistent with or obstructs the 39 Recommended Actions identified by CARB in its Climate Change Scoping Plan which includes nine Early Action Measures (qualitative approach). The Attorney ' General's Mitigation Measures identify areas were GHG emissions reductions can be achieved in order to achieve the goals of AB 32. As set forth in the OPR Technical Advisory and in the proposed amendments to the CEQA Guidelines Section 15064.4; this analysis examines whether the project's ' GHG emissions are significant based on a qualitative and performance based standard (Proposed CEQA Guidelines Section 15064.4(a)(1) and (2)). ' The SCAQMD does not currently have a quantitative threshold of significance for GHG emissions. In the absence of such a threshold, this analysis utilizes a threshold of 1,100 metric tons of CO2 equivalent3 per year (MTCO2eq /yr), which has recently been adopted by the Bay Area Air Quality ' Management District (BAAQMD) in June 2010. This "gap- based" threshold approach is intended to attribute an approximate share of GHG emission reductions necessary to reach AB 32 goals to new land use development projects that are evaluated pursuant to CEQA. The 1,100 MTCO2eq /yr threshold would result in approximately 59 percent of all projects being above the significance threshold. A 1,100 ' MTCO2eq /yr threshold would achieve the necessary amount of GHG emissions reductions to meet the reduction goals of AB 32 (1990 levels by 2020). ' PROJECT - RELATED SOURCES OF GREENHOUSE GASES Project - related GHG emissions would include emissions from direct and indirect sources. The i proposed project would result in direct and indirect emissions of CO2, N20, and CH4, and would not result in other GHGs that would facilitate a meaningful analysis. Therefore, this analysis focuses on these three forms of GHG emissions. The project involves site improvements with regards to ' aesthetics, drainage /water quality, and safety at and surrounding the project site, which constitute the construction GHG emissions. Direct and indirect operational GHG emissions are a result of existing facility operations, as no new uses are proposed. 2 Governor's Office of Planning and Research, CEQA and Climate Change: Addressing Climate Change Through California Environmental Quality Act (CEQA) Review, 2008. 3 Carbon dioxide equivalent is a quantity that describes, for a given mixture and amount of GHG, the amount of CO2 that would have the same global warming potential, when measured over a specified timescale (generally 100 years). ' JULY 2011 4.7 -2 GREENHOUSE GASES ' 31A-58 ' BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration Project - Related Sources of Greenhouse Gases i w I 11 Direct project - related GHG emissions include emissions from construction activities, area sources, and mobile sources. Table 4.7 -1, Estimated Greenhouse Gas Emissions, presents the estimated CO2, N20, and CH4 emissions of the proposed project. GHG emissions from construction are typically amortized over the lifetime of the project (30 years) and added to the operational emissions.4 As seen in Table 4.7 -1, the proposed project would result in a total of 7.25 MTCO2eq /yr from construction activities. Following construction, no other GHG emissions would result with project implementation, as no new vehicle trips would result and no new stationary sources are proposed. However, GHG emissions associated with the existing facility operations have been quantified and are presented in Table 4.7 -1. GHGs associated with area sources and mobile sources are 160.00 MTCO2eq /yr and 295.80 MTCO2eq /yr, respectively. Total project- related direct operational emissions equate to 456.22 MTCO2eq /yr. Table 4.7 -1 Estimated Greenhouse Gas Emissions DIRECT EMISSIONS Construction Emissions' 2011 6.50 0,00 0.01 0.00 0.74 7.25 Total Amortized Construction Emissions (30 years) 0.22 0.00 0.00 0.00 0.20 0.42 Area Source Emissions 160.00 0.00 0.00 0.00 0.00 160.00 Mobile Source Emissions' 273.0 0.07 22.49 0.01 0.31 295.80 INDIRECT EMISSIONS Electricity Consumption 8.85 0.00 0.03 0.00 0.01 8.89 Water Supply 0.36 0.00 0.00 0.00 0.00 0.36 Total Project - Related GHG Emissions 465.47 MTCOseq/yr GHG Threshold of Significance 1,100 MTCO:eq/yr Significance of Impact Less Than Significant Notes: 1. Emissions calculated using CARB's Construction Equipment Emissions Table and the URBEMIS 2007 computer model. 2. CO2 Equivalent values calculated using the U.S. Environmental Protection Agency Website, Greenhouse hftp:/hvww.e a.gov/cleanenergy/energy-resources/calculator.htrnl, accessed January 2011. Gas Equivalencies Cakulator, Refer to Appendix A, Air QuaWIGreenhouse Gases Data, for detailed model in ut(out ut data. Indirect Project - Related Sources of Greenhouse Gases Electricity Consumption Energy Consumption emissions were calculated using the South Coast Air Quality Management District's (SCAQMD) CEQA Air Quality Handbook,5 the U.S. Energy Information Administration ,6 and project - specific land use data. The emission factors for electricity use (771.62 pounds of CO2 per megawatt hour [MWh], 0.00659 pounds of N20 per MWh, and 0.4037 pounds of CH4 per MWh) were 4 The project lifetime is based on the standard 30 year assumption of the South Coast Air Quality Management District (http: /hvww.agmd.gov /hb /2008 /December /081231 a.htm). 5 SCAQMD's CEQA Air Quality Handbook, Table A9-11, November 1993. 6 U.S. Energy Information Administration, Domestic Electricity Emissions Factors 1999 -2002. ' JULY 2011 4,7 -3 GREENHOUSE GASES 31A-59 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT , Initial Study /Mitigated Negative Declaration obtained from the U.S. Energy Information Administration. The facility indirectly results in 8.89 MTCO2eglyr due to electricity usage; refer to Table 4.7 -1. Water Suvnly Water demand for the existing facility is approximately 455 gallons per day, based on typical water consumption rates for industrial uses. Based on energy usage factors for water conveyance from the California Energy Commission, water transport from the State Water Project consumes approximately 1,666 kilowatt hours [kWh] per acre - foot.? Emissions from indirect energy impacts due to water supply would result in 0.36 MTCO2eq /yr. CONCLUSION The involves improvements ' project site with regards to aesthetics, drainage /water quality, and safety at and surrounding the project site. As shown in Table 4.7 -1, the proposed project would result 465.47 MTCO2eq /yr of operational - related emissions. Therefore, the proposed project's operational GHG emissions would not exceed the 1,000 MTCO2eq /yr GHG significance threshold. Therefore, impacts are less than significant. Mitigation Measures: No mitigation is required. ' b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ' No Impact. The City does not currently have any applicable plans, policies, or regulations adopted for the purpose of reducing GHG emissions. Therefore, the proposed project would not conflict with an ' adopted plan, policy, or regulation pertaining to GHGs. No impact would occur in this regard. Mitigation Measures: No mitigation is required. ' 7 California Energy Commission, Water Energy Use in California, Accessed June 2010. I hftp: / /www. energy. ca. gov /researchAawrindustry/Water.html JULY 2011 4.7 -4 GREENHOUSE GASES ' 31A-60 ' W BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration ' 4.8 HAZARDS AND HAZARDOUS MATERIALS i I a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ' Less Than Si_anificant Impact The ,existing Bender Ready -Mix facility includes machinery and equipment that processes aggregate materials (e.g., sand and gravel) to produce concrete. The concrete is prepared, loaded into truck - mounted rotating drum mixers, and hauled away for use at construction sites. Generally, concrete is sold to independent truck contractors; however, Bender Ready -Mix also delivers concrete directly to customers through its own fleet of trucks. None of the aggregate or other raw materials utilized in the concrete production process are acutely ' hazardous. The primary concern related to the existing facility is the use of cleaners, lubricants, and other chemicals required for maintenance of concrete processing equipment and on -site vehicle maintenance activities. However, given the relatively small quantities of chemicals and lubricants ' utilized on -site and Federal, State, and local requirements regarding their safe transport, use, and disposal, the existing Bender Ready -Mix facility does not result in significant hazardous materials impacts. ' JULY 2011 4.8 -1 HAZARDS AND HAZARDOUS MATERIALS 31A-61 3 7' 2. Less Than C INor,Id the °project 1, ot�ntiatly SfgniNcant, Les'sTitian °' �"Stgnificant Ir�pactVYtth Si nificanf No Alli6gation :; Impact Impact ; a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous ✓ materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the ✓ environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter ✓ mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant ✓ hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety ✓ hazard 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 ✓ Ian? 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? I a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ' Less Than Si_anificant Impact The ,existing Bender Ready -Mix facility includes machinery and equipment that processes aggregate materials (e.g., sand and gravel) to produce concrete. The concrete is prepared, loaded into truck - mounted rotating drum mixers, and hauled away for use at construction sites. Generally, concrete is sold to independent truck contractors; however, Bender Ready -Mix also delivers concrete directly to customers through its own fleet of trucks. None of the aggregate or other raw materials utilized in the concrete production process are acutely ' hazardous. The primary concern related to the existing facility is the use of cleaners, lubricants, and other chemicals required for maintenance of concrete processing equipment and on -site vehicle maintenance activities. However, given the relatively small quantities of chemicals and lubricants ' utilized on -site and Federal, State, and local requirements regarding their safe transport, use, and disposal, the existing Bender Ready -Mix facility does not result in significant hazardous materials impacts. ' JULY 2011 4.8 -1 HAZARDS AND HAZARDOUS MATERIALS 31A-61 (9) BENDER READY -MIX CONCRETE MANUFACTURING PROJECT I Initial Study /Mitigated Negative Declaration The proposed project proposes minor aesthetic, drainage, water quality, and safety improvements at an ' existing heavy industrial facility. Implementation of these improvements would not involve the routine transport, use, or disposal of substantial quantities of hazardous materials. The improvements ' associated with the project would not affect the existing operations of the Bender Ready -Mix facility or alter conditions related to the transport, use, or disposal of hazardous materials. With the exception of utilizing gasoline and diesel fuels for construction equipment, no other hazardous ' materials would be transported to or from the project site, or used in the construction process. Fuels and solvents for construction would be stored and utilized pursuant to existing regulatory requirements. Therefore, impacts would be less than significant in this regard. ' Mitigation Measures: No mitigation is required. 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 Short -Term Impacts ' During the short-term period of project construction, there is a possibility of accidental release of ' hazardous substances such as petroleum -based fuels or hydraulic fluid used for construction equipment. The level of risk associated with the accidental release of hazardous substances is not considered significant due to the small volume and low concentration of hazardous materials utilized during construction. The construction contractor would be required to use standard construction ' controls and safety procedures that would avoid and minimize the potential for accidental release of such substances into the environment. Standard construction practices would be observed such that any materials released are appropriately contained and remediated as required by local, State, and ' Federal law. The proposed project would involve a minor amount of grading and excavation required primarily for ' drainage and water quality improvements. No structures would be demolished as part of the proposed project, thus minimizing the potential for encountering asbestos - containing materials or lead -based paints. Construction activities associated with the project are not of the scope or nature to result in a ' significant impact related to foreseeable upset or accident related to hazardous materials. Long -Term Operational Impacts Refer to Response 4.8(a), above, for a description of impacts related to existing and proposed operations at the site. Impacts in this regard would be less than significant. Mitigation Measures: No mitigation is 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? Less Than Significant Impact Three schools exist within one - quarter mile of the project site: 1) ' Adeline C Walker Elementary School (approximately 0.15 -mile west); 2) Roosevelt Elementary School (approximately 0.25 -mile west); and 3) Raymond A. Villa Fundamental Intermediate School (approximately 0.25 -mile northeast). As stated above, construction activities associated with the project ' are not expected to be significant upon adherence to existing local, State, and Federal requirements JULY 2011 4.8 -2 HAZARDS AND HAZARDOUS MATERIALS ' 31A-62 ' BENDER READY-MIX CONCRETE MANUFACTURING PROJECT Dm Initial Study/Mitigated Negative Declaration 1 related to hazardous materials safety. In addition, existing and proposed operations associated with the project would not result in significant impacts to surrounding uses in regards to hazardous ' emissions or acutely hazardous materials. Thus, impacts in this regard would be less than significant. Mitigation Measures: No mitigation is 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 signirrcant hazard to the ' public or the environment? No Impact. The project site is not on a list of known hazardous materials sites.' No known corrective action, restoration, or remediation has been planned, is currently taking place, or has been completed ' on the project site. As stated above in Responses 4.8(a) through 4.8(c), the project is not expected to result in a significant hazard to the public during construction or long -term operations. Thus, no impact would occur in this regard. Mitigation Measures: No mitigation is required. ' e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport; would the project result in a safety hazard for people residing or working in the project area? ' No Im act. The nearest airport to the project site is the John Wayne Airport, located approximately four miles to the south. In addition, the project site is located outside of the John Wayne Airport Influence tArea.2 Therefore, no impact would occur. Mitigation Measures: No mitigation is required. fl 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 No private airstrips exist in the project vicinity. Thus, no impacts would occur. Mitigation Measures: No mitigation is required. ' g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact Asa concrete manufacturing plant, the Bender Ready -Mix facility does not currently impair or physically interfere with emergency plans in the site vicinity. The proposed ' project would implement minor aesthetic, drainage, water quality, and safety improvements on -site. Safety improvements would include the repaving of South Santa Fe Street along the project frontage. Repaving of South Santa Fe Street would be limited to the southbound lane (i.e., from the roadway centerline to the project frontage). Thus, South Santa Fe Street would remain open and accessible during emergency operations. The repaving process would comply with City requirements related to California Department of Toxic Substances Control, http: / /www.envirostor .dtsc.ca.gov /publictsearch .asp ?cmd = search &city= &zip= 92705 &county= &federal_superfun d= True &state_response = True &voluntary_cleanup = True &school_ cleanup = True &permute d= True &pc _permitted= True &hist_nonoperating = True &correcbve_action = True &tiered permit= True &displ ay_results= Report&pub ' =True, accessed January 29, 2011. 2 Airport Land Use Commission for Orange County, AELUP Height Restriction Zone forJWA, January 8, 2004. ' JULY 2011 4.8 -3 HAZARDS AND HAZARDOUS MATERIALS 31A-63 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT , Initial Study /Mitigated Negative Declaration temporary lane closure /rerouting signage during the brief period when repaving activities occur. Thus, , impacts in this regard would be less than significant. Mitigation Measures: No mitigation is required. I 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 intennixed I with wildlands? No Impact The proposed project site is located within a completely urbanized area that is void of any ' wildland areas. In addition, based on the Public Safety Element of the City's General Plan, the project site is located outside of a designated fire hazard area. The proposed project would not expose people or structures to wildland fires. Thus, no impact would occur in this regard. ' Mitioation Measures: No mitigation is required. 1 JULY 2011 4.8 -4 HAZARDS AND HAZARDOUS MATERIALS t 31A-64 ' BENDER READY -MIX CONCRETE MANUFACTURING PROJECT 11 01; Initial Study/Mitigated Negative Declaration ' 4.9 HYDROLOGY AND WATER QUALITY I pi ' Woultl the project potentially, Less Than -significant ;Less Than - , Significant . Impact With �� Significant No Impact I ; Mitigation Impact . r.. Incorporated 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 ✓ 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 storm water 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? 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? ✓ a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact With Mitigation Incorporated. As stated within Response 4.6(b), the ' primary water quality concern related to the proposed project would be potential erosion impacts during construction activities. Grading and excavation activities associated with construction of the project would expose soils to potential short -term erosion by wind and water. Since the project impact area ' would be below one acre, the proposed project would not be subject to the requirements of the Construction General Permit under the NPDES program administered by the Santa Ana RWQCB. However, project construction would be required to comply with Chapter 18, Article VII, Water Pollution, of the City's Municipal Code. The Municipal Code includes numerous measures for the control of erosion and urban runoff for both new development and redevelopment. Upon adherence to these requirements, impacts in this regard would be less than significant (refer to Mitigation Measure GEO -2). JULY 2011 4.9 -1 HYDROLOGY AND WATER QUALITY 31A-65 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT (9) - , Initial Study /Mitigated Negative Declaration The proposed project would result in a beneficial impact in regards to water quality during long -term , project operations. The Water Quality Management Plan (WQMP) prepared for the proposed project includes water quality features that would further minimize the potential for violation of water quality , standards. The site (which is currently void of water quality enhancements) is proposed to include a detention /desilting basin in the southeastern portion of the site. This basin would be approximately 400 square feet in size and would improve water quality by detaining stormwater on -site. In addition, three , segments of 24 -inch bottomless trench (with 4 -inch perforated overflow pipe) would be installed along the South Santa Fe Street frontage.' The segments would be installed across the three vehicle access points, and would drain into landscaped areas or the proposed detention /desilting basin. These Best ' Management Practices (BMPs) would lessen potential long -term operational water quality impacts to a less than significant level. Moreover, the percent of pervious area on -site would increase as part of the proposed project, due to the addition of landscaping and water quality features. Pervious area would increase from 19 percent (pre - project) to 23 percent (post - project), resulting in additional infiltration and , further reduction of potential water quality impacts? In addition, water quality measures being implemented as part of concrete manufacturing operations ' would continue to occur. For instance, tire washing is required for every concrete truck prior to leaving the site to ensure that "track -out" does not occur. In addition, wash water utilized on -site is recycled in order to preclude water quality impacts to the storm drain. Thus, impacts in this regard will be less than significant. ' Mltioation Measures: Refer to Mitigation Measure GEO -2. No additional mitigation is required. ' 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 The proposed project site exists within a completely developed, ' industrialized area. The facility does not currently directly affect groundwater (through pumping, wells, or injection), nor does the proposed project include any components that would directly affect groundwater. Given the developed nature of the project area, the facility is not currently depleting , groundwater supplies or substantially interfering with groundwater recharge. The proposed project would result in a beneficial impact in relation to the local groundwater table, since ' it would result in an increase in pervious area on -site. According to the Preliminary WQMP, the total pervious area at the project site would increase from 0.19 acre to 0.21 acre due to the addition of additional landscaping and water quality features.3 Thus, impacts in this regard would be less than , significant. Mitigation Measures: No mitigation is required. 1 CalCoast Engineering & Design Group, Water Quality Management Plan for Bender Ready -Mix, revised May 30, 2010. 2 Ibid. , 3 Ibid. JULY 2011 4.9 -2 HYDROLOGY AND WATER QUALITY ' 31A-66 ' BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion ' or siltation on- or off -site? Less Than Significant Impact With Mitigation Incorporated. The proposed project site is generally ' flat and has been disturbed by existing development. As stated in Responses 4.6(b) and 4.9(a), construction- related erosion and siltation impacts would be less than significant upon implementation of Mitigation Measure GEO-2. ' As stated above, the proposed project area is fully developed and industrialized. The site lacks permanent on -site stormwater conveyance facilities, and drainage currently either sheet flows towards South Santa Fe Street, ponds on -site, or is recycled along with wash water utilize during operations. ' Drainage that sheet flows off -site is conveyed by an existing gutter along South Santa Fe Street to an existing concrete drainage channel located approximately 500 feet southeast of the project site .4 ' None of the improvements associated with the project would substantially alter drainage patterns at the site. The proposed project would implement three segments of 24 -inch bottomless trench that would drain into landscaped areas or the proposed detention /desilting basin. These water quality ' improvements would result in a beneficial impact in relation to erosion and siltation on- and off -site. Thus, long -term operational impacts would be less than significant. ' Mitigation Measures: Refer to Mitigation Measure GEO -2. No additional mitigation is required. d) Substantially alter the existing drainage pattem 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 site has been historically developed with industrial uses and has not ' been subject to substantial flooding due to the alteration of drainage patterns in the site vicinity. Aesthetic, drainage, water quality, and .safety improvements associated with the project would not substantially alter the existing drainage pattern of the site. Rather, beneficial impacts would occur since the amount of pervious area would be increased due to proposed landscaping and water quality features on -site. No impacts would occur in this regard. ' Mitigation Measures: No mitigation is 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 Imnact With Mitigation Incorporated. Refer to Responses 4.6(b) and 4.9(a), 4.9(c), and 4.9(d). Construction - related erosion and siltation impacts would be less than significant ' upon implementation of Mitigation Measure GEO -2. The project would result in beneficial impacts related to long -term operations since drainage /water quality features would be implemented on -site, and the amount of pervious area would be increased. Thus, impacts would be less than significant ' upon implementation of the recommended mitigation measure. Mitigation Measures: Refer to Mitigation Measure GEO -2. No additional mitigation is required. 4 CalCoast Engineering & Design Group, Hydrology Study, Bender Ready Mix, May 30, 2011. JULY 2011 4.9 -3 HYDROLOGY AND WATER QUALITY 31A-67 SENDER READY -MIX CONCRETE MANUFACTURING PROJECT ' Initial Study /Mitigated Negative Declaration Otherwise substantially degrade water quality? ' Less Than Significant Impact. The proposed project is not anticipated to result in water quality impacts other than the potential short-term construction and long -term operational impacts identified ' above in Responses 4.9(a), 4.9(c), and 4.9(e). Impacts in this regard would be less than significant. Mitigation Measures: No mitigation is required. ' g) Place housing within a 100 -year Hood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ' No Impact According to the Federal Emergency Management Agency (FEMA), the project site is situated within Zone X, which is outside of the 100 -year flood hazard area.5 In addition, no housing ' would be constructed as part of the proposed project. No impact would occur in this regard. Mitigation Measures: No mitigation is required. ' h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? ' No Impact As stated above in Response 4.9(g), the project site is not located within a 100 -year flood hazard areas The proposed project would not impede or redirect flood flows, and no impact would occur. ' Mitigation Measures: No mitigation is required. i) t 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 Based upon the Public Safety Element of the City's General Plan, the inundation area for Prado Dam affects portions of the City. Prado Dam is situated approximately 15 miles northeast of the project site. The Public Safety Element indicates that the project site is situated outside of the identified dam inundation area. In addition, no levees are situated in the vicinity of the ' project site. Thus, impacts in this regard would be less than significant. Mitigation Measures: No mitigation is required. j) Inundation by seiche, tsunami, or mudflow? ' Less Than Significant Impact A seiche is an oscillation of a body of water in an enclosed or semi- enclosed basin, such as a reservoir, harbor, lake, or storage tank. A tsunami is a great sea wave, commonly referred to as a tidal wave, produced by a significant undersea disturbance such as tectonic , displacement of a sea floor associated with large, shallow earthquakes. Mudflows result from the downslope movement of soil and/or rock under the influence of gravity. 5 Federal Emergency Management Agency, Flood Insurance Rate Map #06059CO276J, Panel 276 of 539, revised December 3, 2009. ' s Ibid. JULY 2011 4.9 -4 HYDROLOGY AND WATER QUALITY , 31A-68 ' BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration ' No enclosed bodies of water exist in proximity to the project site. The nearest semi - enclosed body of water near the site is the Santa Ana River, located approximately three miles to the west. Given the ' distance of the project site from the Santa Ana River and any other enclosed or semi - enclosed bodies of water, impacts related to seiches would be less than significant. t The project site is located approximately 10 miles inland from the Pacific Ocean. Given its distance from the coast and intervening topography and features, the risk of inundation due to tsunami is also considered less than significant. As discussed within Response 4.6(a)(4), the proposed project site and surrounding areas are fully developed and topography is generally flat. There are no landforms within the vicinity capable of producing mudflow. Thus, no impacts would occur in this regard. Mitigation Measures: No mitigation is required. F1 [J r ' JULY 2011 4.9 -5 HYDROLOGY AND WATER QUALITY 31A-69 a -BENDER READY -MIX CONCRETE MANUFACTURING PROJECT ' Initial Study /Mitigated Negative Declaration This page intentionally left blank. I 1 JULY 2011 4.9 -6 HYDROLOGY AND WATER QUALITY t 31A-70 4w BENDER READY-MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration ' 4.10 LAND USE AND PLANNING I Less Th an kVourd project Potentially Significant Less Thin No T Significaant lmpict With., Significant Impact f tj Impact ; Mrt[yation Impact 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? ` ✓ ' a) Physically divide an established community? ' No Im act. The project site is currently occupied by a concrete manufacturing facility, and is located within a heavy industrial area. Given the developed nature of the site and the industrialized nature of the project area, the existing facility does not currently divide an established community. In addition, none of the proposed aesthetic, drainage, water quality, and safety improvements would result in a ' division of an established community. Thus, no impacts would occur in this regard. Mitigation Measures: No mitigation is required. 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? ' Less Than Significant Impact. The project site is designated "Heavy Industrial" (M2) by the City's Zoning Code and "Industrial" (IND) by the City's General Plan. The proposed project is consistent with the General Plan designation for the site. ' As stated within Section 2.0, Project Description, the City has determined that the existing Bender Ready -Mix facility is not currently in compliance with the Zoning Code. Upon review of current activities at the site, the City has determined that the facility has been operating without a valid Conditional Use ' Permit (CUP). The Zoning Code allows for the following conditionally - permitted uses within the M2 zone: ' "In addition to uses permitted subject to the issuance of a conditional use permit pursuant to sections 41-489 and 41- 472.5, the following uses may be permitted in the M2 district subject to the issuance of a conditional use permit: (a) Acid manufacturing. (b) Junkyards, automobile wrecking yards and salvage yards, and impound yards. ' (c) Cement, lime, gypsum or plaster of pans manufacture. (d) Fertilizer manufacture...." ' JULY 2011 4.10 -1 LAND USE AND PLANNING 31A-71 (9) BENDER READY-MIX CONCRETE MANUFACTURING PROJECT I Initial Study /Mitigated Negative Declaration Under the conditionally- permitted use for "(c) Cement, lime, gypsum or plaster of pads manufacture," , the project is allowable within the M2 zone but is subject to a CUP. In addition, the City has determined that a lot merger would be required to consolidate the two separate parcels underlying the site for compliance with City and CUP regulations. The City's issuance of a CUP is included as part of the proposed project. As part of the CUP approval , process, the City has required various on -site improvements that would be necessary to achieve compliance with the City's Municipal Code. These aesthetic, drainage, water quality, and safety improvements are described in detail in Section 2.0, Proiect Description. Implementation of these improvements would allow for the issuance of a CUP for continued operation of the existing concrete ' manufacturing facility; as such, impacts in this regard are considered less than significant. Mitigation Measures: No mitigation is required. ' C) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact As stated in Response 4.4(f), the proposed project is note located within a Habitat , Conservation Plan or Natural Community Conservation Plan.' No other approved local, regional, or state habitat conservation plans apply to the site. Thus, no impacts would occur in this regard. ' Mitigation Measures: No mitigation is required. 1 U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, HCP/NCCP Planning Areas in Southem California, October , 2008. JULY 2011 4.10 -2 31A-72 LAND USE AND PLANNING I 1 4.11 MINERAL RESOURCES r r BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration Would the project f?otenttallg Less Thah $ign�flcant ` Less Than Less Than Siciniticant Impact The existing facility at the project site operates as a concrete Signfficant ' ,Impact With Signfflcant ' Impact Impact Mlhgation Impact , ti,.. ' Inc'orporated Department of Conservation, in order to ensure that mineral resources are not substantially depleted. a. Result in the loss of availability of a known mineral resource Moreover, proposed aesthetic, drainage, water quality, and safety improvements associated with the project would not result in any increaseln capacity at the existing Bender Ready -Mix facility and the that would be of value to the region and the residents of the ' than significant. ✓ Mithration Measures: No mitigation is required. state? 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? b. Result in the loss of availability of a locally- important mineral Mitigation Measures: No mitigation is required. resource recovery site delineated on a local general plan, ✓ j specific plan or other land use plan? 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? Less Than Siciniticant Impact The existing facility at the project site operates as a concrete ' manufacturing plant. The facility produces and sells large quantities of concrete through the processing of aggregate and other raw materials. The concrete is prepared, loaded into truck- mounted rotating drum mixers, and hauled away for use at construction sites. The existing facility does not involve the direct mining or extraction of aggregrate (e.g., sand and gravel) or other materials used in the concrete manufacturing process. Rather, these materials are recovered ' or recycled elsewhere and delivered to the site. Mining activities in other locations are regulated under the California Surface Mining and Reclamation Act (SMARA), administered by the California Department of Conservation, in order to ensure that mineral resources are not substantially depleted. ' Moreover, proposed aesthetic, drainage, water quality, and safety improvements associated with the project would not result in any increaseln capacity at the existing Bender Ready -Mix facility and the amount of aggregate materials utilized would not increase. Thus, impacts in this regard would be less ' than significant. Mithration Measures: No mitigation is required. 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 Si_anirrcant Impact Refer to Response 4.11(a), above. Mitigation Measures: No mitigation is required. ' JULY 2011 4.11 -1 MINERAL RESOURCES 31A-73 Ki This page intentionally left blank. BENDER READY -MIX CONCRETE MANUFACTURING PROJECT , Initial Study /Mitigated Negative Declaration t n I. �I it 1 j JULY 2011 4.11 -2 MINERAL RESOURCES ' 31A-74 ' BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 4.12 NOISE Ll J Sound is mechanical energy transmitted by pressure waves in a compressible medium such as air, and is characterized by both its amplitude and frequency (or pitch). The human ear does not hear all frequencies equally. In particular, the ear deemphasizes low and very high frequencies. To better approximate the sensitivity of human hearing, the A- weighted decibel scale (dBA) has been developed. On this scale, the human range of hearing extends from approximately three dBA to around 140 dBA. ' Noise is generally defined as unwanted or excessive sound, which can vary in intensity by over one million times within the range of human hearing; therefore, a logarithmic scale, known as the decibel scale (dB), is used to quantify sound intensity. Noise can be generated by a number of sources, including mobile sources such as automobiles, trucks, and airplanes, and stationary sources such as construction sites, machinery, and industrial operations. Noise generated by mobile sources typically attenuates (is reduced) at a rate between three dBA and 4.5 dBA per doubling of distance. The rate depends on the ground surface and the number or type of objects between the noise source and the receiver. Hard and flat surfaces, such as concrete or asphalt, have an attenuation rate of three dBA per doubling of distance. Soft surfaces, such as uneven or vegetated terrain, have an attenuation rate of about 4.5 dBA per doubling of distance. Noise generated by stationary sources typically attenuates at a rate between six dBA and about 7.5 dBA per doubling of distance. There are a number of metrics used to characterize community noise exposure, which fluctuate constantly over time. ' One such metric, the equivalent sound level (L q), represents a constant sound that, over the specified period, has the same sound energy as the time - varying sound. Noise exposure over a longer period of time is often evaluated based on the Day -Night Sound Level (Ld,), This is a measure of 24 -hour noise levels that incorporates a 10 -dBA ' penalty for sounds occurring between 10:00 PM and 7:00 AM The penalty is intended to reflect the increased human sensitivity to noises occurring during nighttime hours, particularly at times when people are sleeping and there are lower ambient noise conditions. Typical Ld, noise levels for light and medium density residential areas range from 55 dBA to 65 dBA. JULY 2011 4.12 -1 NOISE 31A-75 Less Than Wot�i'd the. pro/ecf Potentsal Sigdlficint Less Than SlgmticiM Impact With Significant No Impact Mit[ga6on Impact Impact InCorpor8ted 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 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? Sound is mechanical energy transmitted by pressure waves in a compressible medium such as air, and is characterized by both its amplitude and frequency (or pitch). The human ear does not hear all frequencies equally. In particular, the ear deemphasizes low and very high frequencies. To better approximate the sensitivity of human hearing, the A- weighted decibel scale (dBA) has been developed. On this scale, the human range of hearing extends from approximately three dBA to around 140 dBA. ' Noise is generally defined as unwanted or excessive sound, which can vary in intensity by over one million times within the range of human hearing; therefore, a logarithmic scale, known as the decibel scale (dB), is used to quantify sound intensity. Noise can be generated by a number of sources, including mobile sources such as automobiles, trucks, and airplanes, and stationary sources such as construction sites, machinery, and industrial operations. Noise generated by mobile sources typically attenuates (is reduced) at a rate between three dBA and 4.5 dBA per doubling of distance. The rate depends on the ground surface and the number or type of objects between the noise source and the receiver. Hard and flat surfaces, such as concrete or asphalt, have an attenuation rate of three dBA per doubling of distance. Soft surfaces, such as uneven or vegetated terrain, have an attenuation rate of about 4.5 dBA per doubling of distance. Noise generated by stationary sources typically attenuates at a rate between six dBA and about 7.5 dBA per doubling of distance. There are a number of metrics used to characterize community noise exposure, which fluctuate constantly over time. ' One such metric, the equivalent sound level (L q), represents a constant sound that, over the specified period, has the same sound energy as the time - varying sound. Noise exposure over a longer period of time is often evaluated based on the Day -Night Sound Level (Ld,), This is a measure of 24 -hour noise levels that incorporates a 10 -dBA ' penalty for sounds occurring between 10:00 PM and 7:00 AM The penalty is intended to reflect the increased human sensitivity to noises occurring during nighttime hours, particularly at times when people are sleeping and there are lower ambient noise conditions. Typical Ld, noise levels for light and medium density residential areas range from 55 dBA to 65 dBA. JULY 2011 4.12 -1 NOISE 31A-75 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT I W121,29 Initial Study /Mitigated Negative Declaration Two of the primary factors that reduce levels of environmental sounds are increasing the distance between the sound source to the receiver and having intervening obstacles such as walls, buildings, or terrain features between the sound source and the receiver. Factors that act to increase the loudness of environmental sounds include moving the sound source closer to the receiver, sound enhancements caused by reflections, and focusing caused by various meteorological conditions. STATE OF CALIFORNIA The State Office of Planning and Research Noise Element Guidelines include recommended exterior and interior noise level standards for local jurisdictions to identify and prevent the creation of incompatible land uses due to noise. The Noise Element Guidelines contain a land use compatibility table that describes the compatibility of various land uses with a range of environmental noise levels in terms of the Community Noise Equivalent Level (CNEL), CITY OF SANTA ANA The Noise Element of the City's General Plan quantifies the community noise environment in terms of noise exposure for both near- and long -term levels of growth and traffic activity; refer to Table 4.12 -1, General Plan Noise Standards. The standards are intended to be used as one of the many factors used in the land use planning process. Table 4.12 -1 General Plan Noise Standards The City's standards for governing environmental noise are set forth in Chapter 18, Article VI (Noise Control) of the City's Municipal Code. The City has also adopted community noise control standards within Chapter 18, Article VI (Noise Control) of the City's Municipal Code in order to limit unnecessary, excessive and annoying noise in the City; refer to Table 4.12 -2, Municipal Code Noise Standards. Table 4.12.2 Municipal Code Noise Standards a. W . R Residential Single-family, duplex, multi-family 45 65 Institutional Hospital, school classroorn1playgrounds 45 65 Church, library 45 — .0� Open Space Parks — 65 Source: City of Santa Ana, City of Santa Ana General Plan Noise Element, September 20, 1982. The City's standards for governing environmental noise are set forth in Chapter 18, Article VI (Noise Control) of the City's Municipal Code. The City has also adopted community noise control standards within Chapter 18, Article VI (Noise Control) of the City's Municipal Code in order to limit unnecessary, excessive and annoying noise in the City; refer to Table 4.12 -2, Municipal Code Noise Standards. Table 4.12.2 Municipal Code Noise Standards Louwce. yny of oarna Hna municipal Gone. Section 18 -314, Special Provisions, of the Municipal Code specifies the following construction - related noise standards: The following activities shall be exempted from the provisions of this article: JULY 2011 4.12 -2 NOISE G>_I. V le 17 u fl I 11 L1 1 1 W, aria xterfialfrtbise .0� Zone 1 Entire City 55 45 55 50 Louwce. yny of oarna Hna municipal Gone. Section 18 -314, Special Provisions, of the Municipal Code specifies the following construction - related noise standards: The following activities shall be exempted from the provisions of this article: JULY 2011 4.12 -2 NOISE G>_I. V le 17 u fl I 11 L1 1 1 1 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration L� �1 u LJ' n (e) Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8 :00 p.m, and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. NOISE MEASUREMENTS In order to quantify existing ambient noise levels in the project area, RBF Consulting conducted noise measurements on September 14, 2010; refer to Table 4.12 -3, Noise Measurements. The noise measurement sites were representative of typical existing noise exposure on -site and immediately adjacent to the project site. The first measurement was taken in the center of the project site, south of the maintenance /office building and concrete batch processing equipment. The second measurement was taken within the apartment complex to the west. Ten - minute measurements were taken at each site. Meteorological conditions were clear skies, warm, with light wind speeds (one to three miles per hour), and low humidity. Table 4.12.3 Noise Measurements Noise monitoring equipment used for the ambient noise survey consisted of a Briiel & Kjaer handheld Analyzer Type 2250 equipped with a 4189 pre - polarized microphone. The monitoring equipment complies with applicable requirements of the American National Standards Institute for Type I (precision) sound level meters. The results of the field measurements are indicated in Appendix E, Noise Data. EXISTING STATIONARY SOURCES The project area is highly urbanized, consisting of a mix of industrial /manufacturing and residential uses. The primary sources of stationary noise in the project vicinity are industrial /manufacturing- related activities. The noise associated with these sources may represent a single -event noise occurrence, short -term, or long -term /continuous noise. EXISTING MOBILE SOURCES Existing mobile source noise in the project area is generated from mobile sources along Santa Fe Street and the Union Pacific railroad. Mobile source noise along Santa Fe Street is primarily from trucks accessing the nearby industrial and manufacturing facilities. The Santa Fe railroad adjoins the project site to the west, which represents the single loudest source of mobile source 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? Less Than &nificant Impact. It is difficult to specify noise levels that are generally acceptable to everyone; what is annoying to one person may be unnoticed by another. Standards may be based on documented complaints in response to documented noise levels, or based on studies of the ability of people to sleep, talk, or work under various noise conditions. However, all such studies recognize that JULY 2011 4.12 -3 NOISE 31A-77 "x�n Center of the project site (south of the 1 maintenance /office building and concrete batch 66.8 46.9 85.8 102.9 10:02 AM equipment) 2 Apartment complex at the terminus of East Camile Street, adjacent to the west of the site 52.4 43.1 70.8 88.5 10:25 AM Source: RBF Consulting, September 14, 2010 Noise monitoring equipment used for the ambient noise survey consisted of a Briiel & Kjaer handheld Analyzer Type 2250 equipped with a 4189 pre - polarized microphone. The monitoring equipment complies with applicable requirements of the American National Standards Institute for Type I (precision) sound level meters. The results of the field measurements are indicated in Appendix E, Noise Data. EXISTING STATIONARY SOURCES The project area is highly urbanized, consisting of a mix of industrial /manufacturing and residential uses. The primary sources of stationary noise in the project vicinity are industrial /manufacturing- related activities. The noise associated with these sources may represent a single -event noise occurrence, short -term, or long -term /continuous noise. EXISTING MOBILE SOURCES Existing mobile source noise in the project area is generated from mobile sources along Santa Fe Street and the Union Pacific railroad. Mobile source noise along Santa Fe Street is primarily from trucks accessing the nearby industrial and manufacturing facilities. The Santa Fe railroad adjoins the project site to the west, which represents the single loudest source of mobile source 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? Less Than &nificant Impact. It is difficult to specify noise levels that are generally acceptable to everyone; what is annoying to one person may be unnoticed by another. Standards may be based on documented complaints in response to documented noise levels, or based on studies of the ability of people to sleep, talk, or work under various noise conditions. However, all such studies recognize that JULY 2011 4.12 -3 NOISE 31A-77 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration individual responses vary considerably. Standards usually address the needs of the majority of the general population. SHORT -TERM NOISE IMPACTS Construction of the proposed project would occur over approximately three months. Construction activities would include minor demolition, grading, trenching, paving, and building construction. Ground -bome noise and other types of construction- related noise impacts would typically occur during the initial site preparation. This phase of construction has the potential to create the highest levels of noise; however, it is generally the shortest of all construction phases. Typical noise levels generated by construction equipment are shown in Table 4.124, Maximum Noise Levels Generated by Construction Equipment. Operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Other primary sources of acoustical disturbance would be due to random incidents, which would last less than one minute (such as dropping large pieces of equipment or the hydraulic movement of machinery lifts). Table 4.12 -4 Maximum Noise Levels Generated by Construction Equipment Concrete Saw 20 90 Concrete Mixer Truck 40 79 Backhoe 40 78 Dozer 40 82 Excavator 40 81 Forklift 40 78 Paver 50 77 Roller 20 80 Tractor 40 84 Water Truck 40 80 Grader 40 85 General Industrial Equipment 50 85 Note: 1 — Acoustical Use Factor (percent): Estimates the fraction of time each piece of construction equipment is operatinq at full power i.e., its loudest condition during a construction operation, Source: Federal Highway Administration, Roadway Construction Noise Model (FHWA- HEP -05- 054 ), January 2006. Chapter 10.28.040 of the City's Municipal Code states that construction activities are permitted during the hours of 7:00 AM and 8:00 PM on weekdays and Saturdays, and are not permitted on Sundays or Federal holidays. The City does not have noise limits during the allowed construction hours. As such, the Speech Interference Criteria is used to evaluate construction noise levels. For construction noise, a "substantial" noise increase can be defined as interference with activities during the day and night. One indicator that construction noise could interfere with daytime activities would be speech interference. As the City does not have quantitative guidelines for construction noise, the following criteria is utilized in the analysis to define relative construction - related noise impacts: Speech Interference Criteria. Speech Interference Level was designed as a simplified substitute for the Articulation Index.' It was originally defined as the average of the now I Articulation index takes into account that some frequencies are more effective in masking speech than others. The frequency range from 250 to 7000 Hz is divided into 20 bands. The difference between file average speech peak level in each of these bands is calculated and the resulting numbers combined to give a single index. JULY 2011 4.12 -4 lki L_i 11' Ll NOISE I 1J J BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial'Study /Mitigated Negative Declaration obsolete octave -band sound pressure levels in the 600 -1200, 1200 -2400, and 2400 -4800 Hz octaves. At the present time, Speech Interference Level, based upon the octave band levels at the preferred frequencies of 500, 1000, 2000, and 4000 Hz, is considered to provide a better estimate of the masking ability of a noise. As Speech Interference Level does not take the actual speech level into account, the associated masking effect depends upon vocal effort and speaker -to- listener distance. Speech spoken with slightly more vocal effort can be understood well, when the noise level is 65 dBA. A typical building can reduce noise levels by 20 dBA with the windows closed.2 This noise reduction could be maintained only on a temporary basis in some cases, since it assumes windows would remain closed at all times. Therefore, this analysis utilizes an interior level of 65 dBA as a criterion level for determining significance for construction related activities, in the absence of an adopted specific construction noise related threshold by the City. The project involves the construction of aesthetic, drainage /water quality, and safety improvements at the project site. Table 4.12 -5, Average Construction Noise Levels, provides the anticipated construction noise levels during specific construction stages. The average noise levels presented in Table 4.12 -5 are based on the quantity, type, and acoustical use factor for each type of equipment that would be used during each construction phase. Table 4.12 -5 Average Construction Noise Levels 2 United States Department of Housing and Urban Development, The Noise Guidebook, undated, page 14. ' JULY 2011 4.12 -5 NOISE 31A-79 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration Sensitive uses surrounding the project site include multi - family residential uses immediately to the west and single - family uses approximately 600 feet to the north. Uses to the east and south include industrial /manufacturing uses, which are not considered to be sensitive. As noted in Table 4.12 -5, construction noise associated with the proposed project would not expose surrounding sensitive uses to construction noise levels in excess of the Speech Interference Criteria (65 dBA) during construction, with the exception of demolition activities. However, demolition would only occur for one day, between the allowable construction hours, and would not be considered a significant impact. It should be noted that construction noise levels perceived by residences to the east would typically be lower than the levels presented in Table 4.12 -5, as the model does not account for attenuation due to the grade difference between the residences and the project site. Additionally, construction activities conducted within the allowable hours are exempt from the City's noise standards. Therefore, with adherence to the noise standards of the Municipal Code, construction noise impacts would be less than significant. Mitigation Measures: No mitigation is required. b) Exposure of persons to or generation of excessive ground -borne vibration or groundborne noise levels? Less Than Si_anifrcant Impact Project construction can generate varying degrees of ground -borne vibration, depending on the construction procedure and the construction equipment used. Operation of construction equipment generates vibrations that spread through the ground and diminish in amplitude with distance from the source. The effect on buildings located in the vicinity of the construction site often varies depending on soil type, ground strata, and construction characteristics of the receiver building(s). The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibration at moderate levels, to slight damage at the highest levels. Ground -bome vibrations from construction activities rarely reach levels that damage structures. The Federal Transit Administration (FTA) has published standard vibration velocities for construction equipment operations. In general, the FTA architectural damage criterion for continuous vibrations (i.e., 0.20 inch /second) appears to be conservative. The types of construction vibration impact include human annoyance and building damage. Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periods of time. Building damage can be cosmetic or structural. Typical vibration produced by construction equipment is illustrated in Table 4.12 -6, Typical Vibration Levels for Construction Equipment. Table 4.12 -6 Typical Vibration Levels for Construction Equipment _zA Loaded trucks LL 0.076 0.015 Small bulldozer 0.003 0.001 Notes: 1. Peak particle ground velocity measured at 25 feet unless noted otherwise. 2. Root mean square amplitude ground velocity in decibels (VdB) referenced to 1 micro - inch /second. Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Guidelines, May 2006. JULY 2011 4.12 -6 NOISE 31A-80 1 f n 1 171 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration Ground -bome vibration t decreases rapidly with distance. The proposed protect would involve soldier piles; however, piles would not be driven and would not require pile driving equipment. As indicated in Table 4.12 -61 based on the FTA data, vibration velocities from typical heavy construction equipment operations that would be used during project construction range from 0.003 to 0.076 inch - per - second peak particle velocity (PPV) at 25 feet from the source of activity. The bulk of the construction activities would occur at least 40 feet from the nearest adjacent building. Therefore, vibration from construction activities experienced at the nearest adjacent building and sensitive residential uses would be expected to be below the 0.20 inch - per - second PPV significance threshold. Thus, a less than significant impact would occur in this regard. Mitigation Measures: No mitigation is required. ' c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. If the ambient noise environment is quiet and the new noise source increases the noise exposure, an impact may occur even though a criterion level might not be exceeded. OPERATIONAL MOBILE NOISE IMPACTS The proposed project consists of site improvements that would not generate additional traffic on adjacent roadways following completion of construction. Approximately 88 trips are currently generated by the existing facility (accounting for 12 full -time employees and assuming 20 concrete truck loads per day). Exhibit 5 (Transportation Noise Sources) of the City's General Plan Noise Element identifies average daily traffic (ADT) along 11t Street, Grand Avenue, and Main Street (to the north, east, and west of the project site, respectively) to be between 20,000 and 30,000 vehicles per day. Noise levels ' associated with the ADTs along these roadways are 65 dBA at 50 to 100 feet from the roadway. Exhibit 5 of the City's General Plan Noise Element indicates ADTs along McFadden Avenue to be between 10,000 and 15,000, with an associated noise level of 65 dBA at zero to 25 feet from the roadway. The project's 88 trips account for 0.29 to 0.44 percent of ADTs along 111 Street, Grand Avenue, and Main Street, and 0.44 to 0.88 percent of ADTs along McFadden Street (assuming the worst case that all 88 trips occur along each roadway). Therefore, as the project- related traffic constitutes a nominal amount of ADTs along nearby roadway segments, the noise associated with this amount of traffic is also nominal. Traffic generated by current operations at the facility does not create a significant noise impact, and vehicular noise in the vicinity of the project site would not increase as a result of proposed aesthetic, drainage, water quality, and safety improvements associated with the ' project. Impacts are less than significant in this regard. OPERATIONAL STATIONARY NOISE IMPACTS Stationary noise sources associated with the existing facility include concrete batch processing equipment, idling trucks, truck washing equipment, and the on -site parking area. Operations at the Bender Ready -Mix facility occur within a heavily industrialized area with a similar range of uses. Intervening uses between the project site and the nearest sensitive receptor (multi- family residential uses to the west) include concrete block walls and the Union Pacific railroad alignment. Moreover, existing operations at the facility comply with Chapter 18, Article VI (Noise Control) of the City's Municipal Code. Thus, existing operations at the facility do not result in significant stationary operational noise impacts. J JULY 2011 4.12 -7 lki Mel I NOISE BENDER READY -MIX CONCRETE MANUFACTURING PROJECT ' Initial Study /Mitigated Negative Declaration Upon implementation , of aesthetic, drainage, water quality, and safety improvements associated with the project, noise in the project area would not increase. The project site would continue operations as a concrete manufacturing facility and no new stationary noise sources would be introduced. These operational activities would continue with project implementation, and no additional stationary noise sources are proposed. Impacts in this regard are less than significant. Mitigation Measures: No mitigation is required. , d) Result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above the levels existing without the project? ' Less Than Si_anificant Refer to Responses 4.12(a) and 4.12(b), above. ' Mitigation Measures: No mitigation is required. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The nearest airport to the project site is the John Wayne Airport, located approximately ' four miles to the south. Therefore, no impact would occur. Miti_ation Measures: No mitigation is required. 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. Refer to Response 4.12(e). , Mitigation Measures: No mitigation is required. II JULY 2011 4.12 -8 NOISE 31A-82 lu �I Il u BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 4.13 POPULATION AND HOUSING p� 3, ,� ° s� �` "would tiie �Potentfal hl Less Than Si IflcaM 9n Less Than praeat� ke 'p�f t, ,5lflrilficant ImpolMdh Sigrtflcant No Impart Mitigetlon . - Impact Impact 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)? 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? i ✓ 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) ? Less Than Significant Impact The existing Bender Ready -Mix facility employs approximately 12 full- time workers. Even under the conservative assumption that all 12 employees and their families have relocated to the project area, any increase in population growth would not be substantial given the limited number of employees. The proposed project would implement a range of aesthetic, drainage, water quality, and safety improvements at the project site. These improvements would not increase the capacity of the existing ' concrete manufacturing facility nor would they increase the number of employees. Thus, impacts in regards to population growth would be less than significant. Mitigation Measures: No mitigation is required. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact The Bender Ready -Mix facility exists within a fully developed, industrialized area. No housing or people have been displaced by the operation of the concrete manufacturing facility. In ' addition, none of the aesthetic, drainage, water quality, and safety improvements associated with the project would result in the displacement of any housing or people. Thus, no impacts would occur in this regard. Mitigation Measures: No mitigation is required. C) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact Refer to Response 4.12(b). Mitigation Measures: No mitigation is required. JULY 2011 4.13 -1 POPULATION AND HOUSING 31A-83 BENDER READY-MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration This page intentionally left blank. 1 t L, I I . 1 JULY 2011 4.13 -2 POPULATION AND HOUSING 31A-84 1 (2) BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 1 4.14 PUBLIC SERVICES Ll t 1 g _ Would theprojeCt ` * Potentially Less'Than '; Significant ". Less Than u Significant, , Impact With Significant No. Impact . . #Mitigation Impact Impact Into rlmmted a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 1) Fire protection? 2) Police protection? 3) Schools? 4) Parks? 5) Other public facilities? a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental Impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 1) Fire protection? Less Than Significant Impact The Santa Ana Fire Department (SAFD) provides fine protection within the City. The nearest station to the project site is Fire Station #2 (located at 1668 East 4th Street), approximately 0.75 -mile to the northeast. Existing project operations do not currently result in substantial demand for fire protection or emergency medical services. The project would implement minor aesthetic, drainage, water quality, and safety improvements on -site. None of these improvements would alter the capacity or nature of operations at the facility, Thus, no additional SAFD fire protection services would be required. Impacts in this regard would be less than significant. Mitigation Measures: No mitigation is required. 2) Police protection? Less Than Significant Impact. The Santa Ana Police Department (SAPD) provides police protection within the City. The SAPD operates out of a central police station located at 60 Civic Center Plaza, approximately 1.30 miles northwest of the site. Existing operations at the facility do not currently result in substantial demand for police protection. Proposed improvements associated with the project would not alter the capacity of nature of operations at the facility. Thus, impacts in this regard would be less than significant. Mitigation Measures: No mitigation is required. 1 JULY 2011 4.14 -1 PUBLIC SERVICES 31A-85 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 3) Schools? Less Than Significant Impact The existing Bender Ready -Mix facility generates approximately 12 full -time staff. Proposed improvements associated with the project would not result in any expansion of , long -term operations or requirements for additional staff. Given the limited number of employees generated by the facility, it is not expected that the project would result in a population increase that would significantly impact schools in the.project area. Thus, impacts would be less than significant in this regard. Mitigation Measures: No mitigation is required. 4) Parks? Less Than Significant Impact. The City operates a range of parks within the City. The nearest park to the project site is Prentice Park, located along South Elk Lane, approximately 0.60 miles east of the project site. As stated above, the existing facility generates approximately 12 full -time jobs, and proposed improvements would not result in any increase in employment. Given the limited number of employees generated by the facility, it is not expected that the project would result in a population increase that would significantly impact parks in the project area. Impacts in regards to parks and other recreational facilities would be less than significant. Mitigation Measures: No mitigation is required. 5) Other public facilities? No Impact. As shown above in Responses 4.14(a)(1) through 4.14(a)(4), the proposed project would , not result in significant impacts on public services or facilities. No other public facilities are anticipated to be affected by the project. No impacts would occur in this regard. Mitigation Measures: No mitigation is required. ii JULY 2011 4.14 -2 PUBLIC SERVICES 31A-86 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 4.15 RECREATION Less, Than Would the protect: Potentially Significant Less Than Significant Impact With Significant Impact Impact Mitigation Impact Incorporated 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 ✓ mi ht have an adverse physical effect on the environment? a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Sipnifrcant Impact. As stated in Response 4.14(a)(4), the proposed project would not result in an increase in demand on parks or other recreational facilities, and would not result physical deterioration of these facilities. Impacts would be less than significant. Mitigation Measures: No mitigation is required. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less Than Significant Impact As stated in Response 4.14(a)(4), the proposed project would not result in an increase in demand on parks or other recreational facilities, and would not result in an adverse physical effect on the environment. Impacts would be less than significant. 'Mitigation Measures: No mitigation is required. e JULY 2011 4.15 -1 RECREATION 31A-87 (a BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration This page intentionally left blank. P 1 I s JULY 2011 4.15 -2 RECREATION , 31 A -88 I I-1 l� BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 4.76 TRANSPORTATIONMRAFFIC a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less Than Significant Impact. The proposed project would generate traffic trips during short -term construction activities. One truck trip would be required for the hauling of demolished materials (total of approximately 185 cubic feet) to the disposal site, and approximately eight truck trips would be required for soil hauling (148 cubic yards). The remainder of construction trips would be construction worker trips to and from the project site each day of construction. Santa Fe Street would be partially blocked during construction activities (primarily during the one day required to pave Santa Fe Street); however, it would remain accessible with standard traffic control devices. Therefore, short -term construction impacts to the circulation system would be less than significant. The facility would continue to process 15 to 20 truck loads per day and maintain 12 full -time employees (including truck drivers and on -site staff), resulting in a total of approximately 88 daily trips. Heavy truck trips to and from the site would occur throughout the day, with the majority occurring outside of the AM and PM peak hours. In addition, given the relatively limited on -site employment at the existing facility, impacts are anticipated to be less than significant. Moreover, the minor aesthetic, drainage, water quality, and safety improvements associated with the project would not expand operations or JULY 2011 4.16 -1 TRANSPORTATIONITRAFFIC X967 U, • Less Than Would thepro�ecf -: Potentially - Significant „Less Than, No . t Significart tmpatt ,ImpactWith MW afion Significant Impact Impact - rated a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the ✓ circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b. Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other ✓ standards established by the county congestion management agency for designated roads or highways? 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? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or ✓ incompatible uses e.., farm equipment)? e. Result in inadequate emergency access? ✓ f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such ✓ facilities? a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less Than Significant Impact. The proposed project would generate traffic trips during short -term construction activities. One truck trip would be required for the hauling of demolished materials (total of approximately 185 cubic feet) to the disposal site, and approximately eight truck trips would be required for soil hauling (148 cubic yards). The remainder of construction trips would be construction worker trips to and from the project site each day of construction. Santa Fe Street would be partially blocked during construction activities (primarily during the one day required to pave Santa Fe Street); however, it would remain accessible with standard traffic control devices. Therefore, short -term construction impacts to the circulation system would be less than significant. The facility would continue to process 15 to 20 truck loads per day and maintain 12 full -time employees (including truck drivers and on -site staff), resulting in a total of approximately 88 daily trips. Heavy truck trips to and from the site would occur throughout the day, with the majority occurring outside of the AM and PM peak hours. In addition, given the relatively limited on -site employment at the existing facility, impacts are anticipated to be less than significant. Moreover, the minor aesthetic, drainage, water quality, and safety improvements associated with the project would not expand operations or JULY 2011 4.16 -1 TRANSPORTATIONITRAFFIC X967 U, • BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration employment beyond existing conditions. Therefore, long -term operational impacts on the circulation system would be less than significant. Mitigation Measures: No mitigation is required. b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county ' congestion management agency for designated roads or highways? No Impact The CMP is intended to reduce traffic congestion and provide a mechanism for ' coordinating land use and development decisions throughout Orange County. The CMP states that if a project generating 1,600 or more trips/day will directly access, or is in close proximity to, a CMP Highway System link, a CMP traffic impact analysis is required. As the facility currently has a daily total of approximately 88 trips and would not result in additional trips (following completion of construction), no CMP traffic impact analysis is required for the proposed project, and no impacts would occur in this regard. Mitigation Measures: No mitigation is required. 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 The nearest airport to the project site is the John Wayne Airport, located approximately four miles to the south. Due to distance and nature of the project, implementation of the proposed project would not result in any change in air traffic patterns or levels. Therefore, no impact would occur. Mitigation Measures: No mitigation is required. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact. The existing Bender Ready -Mix facility is located in a heavy industrial area, frequently utilized by heavy trucks. The existing facility generates approximately 15 to 20 truck loads per day for concrete manufacturing operations. Given the industrialized nature of the project area, existing operations do not result in a hazard or incompatible use. The proposed project consists of on -site aesthetic, drainage, water quality, and safety improvements. The project would not result in any alteration or expansion of on -site operations. Moreover, the project would include the repaving of South Santa Fe Street along the project frontage, which would result in ' beneficial impacts in regards to safety. Thus, impacts in this regard would be less than significant. Mitigation Measures: No mitigation is required. , e) Result in inadequate emergency access? Less Than Sianificant Impact As a concrete manufacturing plant, the Bender Ready -Mix facility does ' not currently impact emergency access in the site vicinity. The proposed project would implement minor aesthetic, drainage, water quality, and safety improvements on -site. Safety improvements would include the repaving of South Santa Fe Street along the project frontage. Repaving of South Santa Fe Street would be limited to the southbound lane (i.e., from the roadway centerline to the project frontage). Thus, South Santa Fe Street would remain open and accessible during emergency operations. The repaving process would comply with City requirements related to temporary lane ' JULY 2011 4.16 -2 SK �A TRANSPORTATIONITRAFFIC I BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration closure /rerouting signage during the brief period when repaving activities occur. Thus, impacts in this regard would be less than significant. Mitigation Measures: No mitigation is required. t) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? No Impact As stated above in Response 4.16(a), the existing facility occurs within a heavy industrial area. The existing facility does not currently conflict with any policies, plans, or programs related to public or altemative transportation. Improvements associated with the project would not alter or expand existing operations at the site. The facility does not include any components that would conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, and it would not otherwise decrease the performance or safety of such facilities. Thus, no impacts would occur. Mitigation Measures: No mitigation is required. u rl 1� IJULY 2011 4.16 -3 31A-91 TRANSPORTATION/TRAFFIC BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration This page intentionally left blank. , I� rj I L� JULY 2011 4.16 -4 TRANSPORTATION/TRAFFIC 31A-92 1 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 4.17 UTILITIES AND SERVICE SYSTEMS a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant Impact The existing Bender Ready -Mix facility does not currently exceed wastewater treatment requirements, since it employs only 12 full -time staff. In addition, wash water utilized in the concrete manufacturing process is recycled on -site. Improvements associated with the proposed project would not result in any alteration or expansion of existing operations on -site. As such, impacts in this regard would be less than significant. Mitigation Measures: No mitigation measures are required. 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? No Impact. Existing operations at the Bender Ready -Mix facility are adequately served by existing infrastructure in the site vicinity. The minor aesthetic, drainage, water quality, and safety improvements associated with the project would not result in any additional need for water or wastewater service. Thus, no impacts would occur in this regard. Mitigation Measures: No mitigation is required. JULY 2011 4.17 -1 UTILITIES AND SERVICE SYSTEMS 31A-93 Less Than t W4uldtheproecf ',gF - Potentially Significant LessThart . ' Significant . tn►pac With Stgniflcant No } e Irnpact Mitigation Impact Impact Incorporated 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? 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 providers 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? ✓ a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant Impact The existing Bender Ready -Mix facility does not currently exceed wastewater treatment requirements, since it employs only 12 full -time staff. In addition, wash water utilized in the concrete manufacturing process is recycled on -site. Improvements associated with the proposed project would not result in any alteration or expansion of existing operations on -site. As such, impacts in this regard would be less than significant. Mitigation Measures: No mitigation measures are required. 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? No Impact. Existing operations at the Bender Ready -Mix facility are adequately served by existing infrastructure in the site vicinity. The minor aesthetic, drainage, water quality, and safety improvements associated with the project would not result in any additional need for water or wastewater service. Thus, no impacts would occur in this regard. Mitigation Measures: No mitigation is required. JULY 2011 4.17 -1 UTILITIES AND SERVICE SYSTEMS 31A-93 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 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. The project area has historically been developed with heavy industrial r uses. Given the developed nature of the project area and project site, the existing Bender Ready -Mix facility does not currently result in any significant effects related to storm water drainage. The proposed project would result in a beneficial impact in regards storm water drainage during long- term operations. The drainage improvements associated with the proposed project would implement three segments of 24 -inch bottomless trench and a 400 square -foot detention /desifting basin, which ' would assist in storm water capacity on -site. Thus, impacts in this regard are considered less than significant. Mitigation Measures: No mitigation is required. d) Have sufficient water supplies available to serve the project from existing entitlements and , resources, or are new or expanded entitlements needed? Less Than Significant Impact Refer to Response 4.17(b), above. Mitigation Measures: No mitigation is required. 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? Less Than Significant Impact. Refer to Responses 4.17(a) and 4.17(b), above. Mitigation Measures: No mitigation is required. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? , Less Than Significant Impact. The proposed project would generate a negligible amount of solid waste during construction activities, primarily due to excavated soils. Project operations would not result in an increase in solid waste generation beyond existing conditions, as existing operations would continue and no new development is proposed. Solid waste in the City is taken to a transfer station, then to the Frank R. Bowerman Sanitary Landfill or the Alpha Olinda Landfill. Construction debris would be minimal and would be sufficiently served by an existing landfill. Impacts in this regard are less than significant. Mitigation Measures: No mitigation is required. ' g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. The proposed project would comply with all Federal, State, and local statutes and regulations related to solid waste, including the California Integrated Waste Management Act and City recycling programs. No impacts would occur in this regard. Mitigation Measures: No mitigation is required. JULY 2011 4.17 -2 UTILITIES AND SERVICE SYSTEMS 31A-94 1 (2) BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 4.18 MANDATORY FINDINGS OF SIGNIFICANCE �� Mould thepro�ect } zSy*mrvP^.^' = Potentially, S ificant ign Impact Less;Than Sfgriti % ant Imps d With lHdigat,on h` Incorporated , , =LessThan , i niftcant S g Impact , No Impact 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? 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? 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 rish 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 Mitioadon Incorporated. As shown within Section 4.4, Biolo ical Resources, the proposed project does not have the potential to result in impacts to plant or animal species due to the developed and urbanized nature of the project area. As described within Section 4.5, Cultural Resources, there are no known cultural resources existing at the project site. However, Mitigation Measures CULA and CUL -2 would be required in the event unexpected resources are uncovered during the grading the excavation process. With implementation 1 of recommended mitigation, the project is not anticipated to eliminate important examples of the major periods of California history or prehistory. Impacts in this regard would be less than significant. b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less Than Sioniricant Impact With Mitioadon Incorporated. The proposed project would not result in the construction of any new housing or other uses that would result in population growth. There ' would be no impact that would be individually limited, but cumulatively considerable for the environmental issues analyzed within this Initial Study. As indicated throughout Section 4.0, Environmental Analysis, impacts as a result of the proposed project would be less than significant with implementation of recommended mitigation measures. Therefore, the proposed project would result in less than significant impacts in this regard. JULY 2011 4.18 -1 MANDATORY FINDINGS OF SIGNIFICANCE 31A-95 (9) BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study/Mitigated Negative Declaration cJ Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Sictnificant Impact With Mitigation Incorporated. Previous sections of this Initial Study ' reviewed the proposed project's potential impacts related to aesthetics, air pollution, noise, hazards and hazardous materials, traffic, and other issues. As concluded in these previous discussions, the proposed project would result in less than significant environmental impacts with implementation of the recommended mitigation measures. Therefore, the proposed project would not result in environmental impacts that would cause substantial adverse effects on human beings. i [_1 it 1 1 JULY 2011 4.18 -2 MANDATORY FINDINGS OF SIGNIFICANCE 31A-96 - 'BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 4.19 REFERENCES The following references were utilized during preparation of this Initial Study /Environmental Checklist. These documents are available for review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, CA 92701. 1. CalCoast Engineering & Design Group, Inc., Hydrology Study, Bender Ready.Mix, May 30, 2011. 2. CalCoast Engineering & Design Group, Inc., Water Quality Management Plan (WQMP) for Bender Ready Mix, revised May 30, 2011. 3. Califomia Air Resources Board, Climate Change Proposed Scoping Plan, October 2008, hftp:/ Iwww.arb.ca.gov /cc /scopingplanl document /scopingplandocument. htm. 4. California Department of Conservation Farmland Mapping and Monitoring Program, Orange County Important Farmland 2008 Map, published August 2009. 5: California Department of Transportation website, hftp : / /www.dot.ca.gov /hq /LandArch/ scenic_highways/index.htm, accessed January 2011. 6. California Energy Commission, Inventory of California Greenhouse Gas Emissions and Sinks: 1990 to 2006, 2006, hftp: / /www. energy .ca.gov /2006publicatons /CEC 600 2006 013 /CEC 600 2006 013 SF.PDF, 7. California Environmental Quality Act, 1970, as amended, Public Resources Code Sections 21000 - 21178, hftp: / /ceres.ca.gov /ceqa/. 8. California State Office of Planning and Research, Noise Element Guidelines, October 2003, hftp: /Iwww.opr.ca.gov /planning / publications /General_Plan_Guidelines_2003. pdf. 9. City of Santa Ana, City of Santa Ana General Plan, Element dates vary from 1982 to 2009. 10. City of Santa Ana Municipal Code, Codified through Ordinance No. 2801, adopted December 23, 2009. 11. Federal Emergency Management Agency, Flood Insurance Rate Map #06059CO276J, revised 1 December 3, 2009. 12. Federal Transit Administration, Transit Noise and Vibration Impact Assessment Guidelines, May 2006, hftp: / /www.fta. dot. gov / documents /FTA_Noise_and_Vibration_ Manual.pdf. 13. Google Earth Maps, hftp: / /maps.google.com, accessed January 2011. 14. Governor's Office of Planning and Research, CEQA and Climate Change: Addressing Climate Change Through California Environmental Quality Act Review, 2008. 15. South California Air Quality Management District, Air Quality Management Plan for the South Coast Air Basin, 2007, hftp:// www. agmd .gov /agmp /07agmp /07AQMP.html. JULY 2011 4.19 -1 REFERENCES 31A-97 (a BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration t J J JULY 2011 4.19 -2 REFERENCES 31A-98 16. South Qoast Air Quality Management District, CEQA Air Quality Handbook, November 1993, hftp:/twww.aqmd.gov/ceqa/hdbk.html. 17. South Coast Air Quality Management District, Final Localized Significance Threshold t. Methodology, Appendix C,' June 2003 (revised 2009), http: / /www.agmd.gov/ CEQA/handbook/LST /LST.html. 18. United States Department of Agriculture, Natural Resources Conservation Service, Soil Survey of Orange County and Western Riverside County, California, September 1978. 19. United States Department of Housing and Urban Development, The Noise Guidebook, undated. 20. United States Environmental Protection Agency, Noise Effects Handbook — A Desk Reference to Health and Welfare Effects of Noise, October 1979, revised July 1981, http:// www. nonoise. orgAibrary/handbook/handbook.htm. t J J JULY 2011 4.19 -2 REFERENCES 31A-98 i w BENDER READY -MIX CONCRETE MANUFACTURING PROJECT �.', Initial Study /Mitigated Negative Declaration 4.20 REPORT PREPARATION PERSONNEL City of Santa Ana (Lead Agency) 20 Civic Center Plaza Santa Ana, CA 92701 (714) 667 -2700 Vince Fregoso, AICP, Principal Planner RBF Consulting 14725 Alton Parkway Irvine, California 92618 949,472.3505 Glenn Lajoie, AICP, Vice President, Environmental Services Alan Ashimine, Senior Environmental Analyst Eddie Torres, INCE, Air Quality and Noise Manager Rebecca Kinney, P.E., Hydrology Specialist Kelly Chiene, Environmental Analyst Linda Bo, Graphic Artist Gary Gick, Document Editor JULY 2011 4.20 -1 REPORT PREPARATION PERSONNEL 31A-99 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration This page intentionally left blank. JULY 2011 4.20 -2 REPORT PREPARATION PERSONNEL 31 A -100 [1 i J (2) BENDER READY-MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 5.0 INVENTORY OF MITIGATION MEASURES Cultural Resources CUL -1 In the event buried cultural resources are discovered during construction activities, an Orange County - certified archaeologist shall be retained to evaluate the discovery prior to resuming construction in the immediate vicinity of the find. If warranted, the archaeologist shall collect the resource, and prepare a technical report describing the results of the investigation. The certified archaeologist shall prepare excavated materials to the point of identification, and shall offer excavated finds for curatorial purposes to the County of Orange, or its designee, on a first refusal basis. The Project Applicant shall also be ' responsible for the payment of County of Orange curatorial fees, if applicable. CUL -2 In the event human remains are found during construction, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has determined, within two working days of notification of the discovery, the appropriate treatment and disposition of the human remains. If the County Coroner determines that the remains are or believed to be Native American, the County Coroner shall notify the Native American Heritage Commission in Sacramento within 48 hours. In accordance with Section 5097.98 of the Califomia Public Resources Code, the NAHC must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendents shall complete their inspection within 48 hours of being granted access to the site. The designated Native American representative would then determine, in consultation with the property owner, the disposition of the human remains. Geology and Soils ' GEO -1 The Project Applicant shall ensure that the proposed project meets the design parameters identified in the latest version of the California Building Code. iGEO -2 The construction contractor shall ensure that the project complies with Chapter 18, Article VII, Water Pollution, of the City of Santa Ana Municipal Code. Water quality features intended to reduce construction - related erosion impacts shall be clearly denoted on the grading plans for implementation by the construction contractor. IJULY 2011 5-1 31A-101 INVENTORY OF MITIGATION MEASURES 0 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration This page intentionally left blank. ' F-i 11 JULY 2011 5-2 INVENTORY OF MITIGATION MEASURES 31 A -102 1 (2) .BENDER READY-MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration 6.0 CONSULTANT RECOMMENDATION Based on the information and environmental analysis contained in the Initial Study /Environmental Checklist, we recommend that the City prepare a mitigated negative declaration for the Bender Ready - Mix Concrete Manufacturing Project. We find that the proposed project could have a significant effect on a number of environmental issues, but that mitigation measures have been identified that reduce such impacts to a less than significant level. We recommend that the second category be selected for the City's determination (See Section 7.0, Lead Apency Determination). r June 2011 iv_� - Date Glenn Lajoie, AICP, Pro ect Manager K RBF Consulting IJ n L JULY 2011 6 -1 CONSULTANT RECOMMENDATION 31 A -103 (a BENDER READY-MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration This page intentionally left blank. 1 i 1 JULY 2011 6-2 CONSULTANT RECOMMENDATION 31 A -104 BENDER READY -MIX CONCRETE MANUFACTURING PROJECT (go Initial Study /Mitigated Negative Declaration 7.0 LEAD AGENCY DETERMINATION On the basis of this initial evaluation: I find that the proposed use COULD NOT have a significant effect on the _ environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposal could have a significant effect on the — environment, there will not be a significant effect in this case because the V/ mitigation measures described in Section 5.0 have been added. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposal MAY have a significant effect on the environment, and an _ ENVIRONMENTAL IMPACT REPORT is required. I find that the proposal MAY have a significant effect(s) 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, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. F_ LJ iSignature: /,( /� (:a= Title: Principal Planne Printed Name: Vince Fregoso, AICP Agency: City of Santa Ana Date: July 2011 �1 J r JULY 2011 7 -1 31 A -105 LEAD AGENCY DETERMINATION This page intentionally left blank. BENDER READY -MIX CONCRETE MANUFACTURING PROJECT , Initial Study /Mitigated Negative Declaration JULY 2011 7 -2 LEAD AGENCY DETERMINATION 31 A -106 I in BENDER READY-MIX CONCRETE MANUFACTURING PROJECT Initial Study /Mitigated Negative Declaration MITIGATION MONITORING AND REPORTING PROGRAM CEQA requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring plan. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring plan must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6). In compliance with Public Resources Code Section 21081.6, the attached Mitigation Monitoring and Reporting Program has been prepared for the proposed Bender Ready -Mix Concrete Manufacturing Project. This Mitigation Monitoring and Reporting Program is intended to provide verification that all applicable Conditions of Approval relative to significant environmental impacts are monitored and reported. Monitoring will include 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of records in the project file. This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the project, but also allows the City of Santa Ana flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented. Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps: • The City of Santa Ana distributes reporting forms to the appropriate entities for verification of compliance. • Departments /agencies with reporting responsibilities will review the Initial Study, which provides general background information on the reasons for including specified mitigation measures. • Problems or exceptions to compliance will be addressed to the City of Santa Ana as appropriate. • Periodic meetings may be held during project implementation to report on compliance of mitigation measures. • Responsible parties provide the City of Santa Ana with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review. • The City of Santa Ana prepares a reporting form periodically during the construction phase and an annual report summarizing all project mitigation monitoring efforts. • Appropriate mitigation measures will be included in construction documents and/or conditions of permits /approvals. Minor changes to the Mitigation Monitoring and Reporting Program, if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City of Santa Ana. Such changes could include reassignment of monitoring and reporting responsibilities, plan redesign to make any appropriate improvements, and/or modification, substitution or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the Mitigation Monitoring and Reporting Program continues to satisfy the requirements of Public Resources Code Section 21081.6. OCTOBER 2011 1 MITIGATION MONITORING & REPORTING PROGRAM 31 A -107 m L fff� fffJ V W V z 19 0 CL W z V z i 0 Z 0 2 Z 0 I� i i IP It 3 Co � o > -_ � >C z oc �E� o a > C ca N •� c0 p U � N U� Q oo o0 a c U �v u c E N V�� Ub IP It 3 O C U 0 O U US (If (C C C N O V1 p y�f !A ca N U U 0 'C ld C O ai d 0 0 U of X 0 0 c6 C O >> o_ �•° a� E °U W no la ct, cz —150 > y X y to C 75 2 U y 0 j (C O 0 c� 0 c 0 �i ca ° 0 c Nn co v 0 N ca C = cO r'0 0y c� m_ y a aU n ., ° - o y v w. o N � U o .o � 'o 0 0 0 0,0 aa) N S v 0 T 8 3 L� O W Q Lkii_[_dlil:�, C O O� U C � cn 0 C U CG U r'C... cti c 8 > c 3v j 0 3 0-6 Z •�—, O U N U 'O y N y C O 'O C V1 -2� O � =o o c E o o o` c� c T C N 0 O y O� y U c Y cis O E - '- > c C 8 .n C t ° c ° Of O E 0 O -t 0 o c v o m U O W s U of N T a O c E 0 0 Z a0 0�� mU p co -q w E$ co 0 •cC 'c= rn Q (D aEi ° o Z of > o y p C) CD a C � •8 C:F a> E C C Y m 3 ca co m o py C y—° 0 E a' . 2 cc�pjp ��0 U O c'n > £L �mafn (°) 0 cu N T T ^r �V W m O U O (D �E� > — y UJ > C li N CD w cis d c m D c E N O C U 0 O U US (If (C C C N O V1 p y�f !A ca N U U 0 'C ld C O ai d 0 0 U of X 0 0 c6 C O >> o_ �•° a� E °U W no la ct, cz —150 > y X y to C 75 2 U y 0 j (C O 0 c� 0 c 0 �i ca ° 0 c Nn co v 0 N ca C = cO r'0 0y c� m_ y a aU n ., ° - o y v w. o N � U o .o � 'o 0 0 0 0,0 aa) N S v 0 T 8 3 L� O W Q Lkii_[_dlil:�, C O O� U C � cn 0 C U CG U r'C... cti c 8 > c 3v j 0 3 0-6 Z •�—, O U N U 'O y N y C O 'O C V1 -2� O � =o o c E o o o` c� c T C N 0 O y O� y U c Y cis O E - '- > c C 8 .n C t ° c ° Of O E 0 O -t 0 o c v o m U O W s U of N T a O c E 0 0 Z a0 0�� mU p co -q w E$ co 0 •cC 'c= rn Q (D aEi ° o Z of > o y p C) CD a C � •8 C:F a> E C C Y m 3 ca co m o py C y—° 0 E a' . 2 cc�pjp ��0 U O c'n > £L �mafn (°) 0 cu N T T ^r �V W m O U O 0 LU c Cli d a' 0 C5 CD z Ig 5 z °7 Q r M UJ 70 W cc c Z O 5 V K 0 u� cc W G z W m m G co ¢� co d cu W Cn C!J O o Z. U U (C CO Ri (1) OtCC O co La- N D Q a O • O Oa- Oa_ a O a O N d a y a N O CO O CU 3 a 3 a m a) a) a) oC Q N C (1) v + o a) (D ` m _c d m m O p o n 3 3 oa E o ie3U�— N C 'w3 y O •— U a) .t... cd co O. d� O -.5-6 CL N . V .... Cl- Is E O C O -. - C +L•+ V) CA U) U pC N U •..L.. N E C O N _ O Q p d d CO C cC CO C C .0 „ .N N tj •— L co N N co ' c` 8 � c.) rn Q E D cc°' N Z Mo E N a°i ° •c E o f76 C •U L N y O r-.. c O •p L con O C Q' U L C d E J CL Q'C -p $ N N y N y O a)oo a`� °) 3O ov)� O ° a) Q�m� C nC D Q } N so LLI W W 0 cs Q O cc CL C7 z O CL W cc ca 0 Z cc 0 Z O Z O H Q O E 2 M T O N W m O U 0 ROH - 10/10/11 RESOLUTION NO. 2011 -15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011 -21 TO ALLOW A CEMENT MANUFACTURING FACILITY ON THE PROPERTY LOCATED AT 516 SOUTH SANTA FE STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2011 -21 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 10, 2011. B. Conditional Use Permit No. 2011 -21 has been filed with the City of Santa Ana seeking to allow the operation of a cement manufacturing facility at 516 South Santa Fe Street. C. Pursuant to Santa Ana Municipal Code Section 41- 489.5(c), a Conditional Use Permit is required for cement manufacturing operations in the M2 District in the City of Santa Ana. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The project will provide a service or facility which will contribute to the community. The facility is a cement manufacturing facility that will provide needed construction materials and supplies to development sites in the area. Further, the business will provide needed employment opportunities for residents that live in the City. Resolution No. 2011 -15 Page 1 of 5 31A -110 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 cement manufacturing facility will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that is predominantly industrial in nature. Further, improvements will be made to the site, including the installation of water clarifiers and biofilters, which will bring the site into compliance with local and regional water quality statutes. Additionally, enhancements such as the construction of new block walls and the planting of additional landscaping will be made to the site that will provide visual and aesthetic upgrades to the site. Finally, conditions have been placed on the project that will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. The site was previously vacant and has since been occupied by a use that is consistent with the zoning for the property. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? Resolution No. 2011 -15 Page 2 of 5 The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed that will bring the site into compliance with the Zoning Code. A new 10 -foot high block wall will be built along the perimeter of the property to mitigate any visual blight, noise and /or dust related concerns. In addition, improvements to the signage, landscaping and roof mounted equipment will be made to bring the site into compliance with code. Finally, on -site improvements will be made that will ensure the facility complies with local, regional and federal water quality standards. 31A -111 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. Goal 5 ensures that the impacts of development are mitigated. E. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2009 -86, has been prepared for this project. The Planning Commission has reviewed and considered the information contained in the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2009 -86, prepared with respect to this project, and has determined that the Mitigated Negative Declaration and Mitigation Monitoring Program adequately addresses the expected environmental impacts of the project. On the basis of this review, the Planning Commission 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. Thus, the Planning Commission hereby certifies and approves the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2009 -86. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Conditional Use Permit No. 2011 -21 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 10, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of October , 2011 by the following vote: AYES: Commissioners: Acosta, Gartner, Mill, Nalle, Turner, Yrarrazaval(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2011 -15 Page 3 of 5 31A -112 James Gartner Vice Chairman APPROVED AS TO FORM: Joseph A. Straka, City Attorney Bv: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2011 -15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 10, 2011. Date: Resolution No. 2011 -15 Page 4 of 5 Planning Commission Secretary City of Santa Ana 31A -113 Conditions for Approval for Conditional Use Permit No. 2011 -21 Conditional Use Permit No. 2011 -21 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 rip or 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2009 -35. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The existing chain link fencing along the project perimeter shall be removed and be replaced by a block wall no less than 10 feet in height. 4. A final landscaping plan, including a detailed irrigation plan, shall be submitted to staff for review and approval. Exhibit A Resolution No. 2011 -15 Page 5 of 5 31A -114 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE RESOLUTION SUPPORTING THE PRADO BASIN FEASIBILITY STUDY 7 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution expressing support for the Orange County Water District's Prado Basin Feasibility Study. DISCUSSION The Orange County Water District (OCWD) has a long history of supporting ecosystem restoration projects in the central Santa Ana River watershed. OCWD is proposing a Prado Basin Feasibility Study that will facilitate solutions for regional ecosystem restoration and sediment management by employing a multijurisdictional, integrated watershed approach. Among other important benefits, the study will help preserve critical habitat of endangered species and reduce demand on water from the California Bay Delta system. The study will include an evaluation of methods for increasing storm water capture at the Prado Basin. Increasing storm water capture at Prado can provide up to an additional 30,000 acre -feet of water annually -- enough water for nearly 250,000 people. The study would help save the ratepayers in the region up to $24 million annually by avoiding the high cost of importing water through the fragile Bay Delta or from the oversubscribed Colorado River, while also reducing our dependence on those sources. The study provides a model of regional collaboration for Southern California water agencies seeking to reduce impacts to the delta, protect and restore fragile ecosystems, and enhance water supply utilizing local resources. For these reasons, it is recommended that the City of Santa Ana adopt a resolution supporting the Prado Basin Feasibility Study. 55A -1 Resolution Supporting the Prado Basin Feasibility Study November 7, 2011 Page 2 ENVIRONMENTAL IMPACT Although there is no environmental impact associated with this action, future benefits from the proposed study include preserving critical habitat and reducing water demands from the California Bay Delta system. FISCAL IMPACT There is no fiscal impact associated with this action. 9 -. — r Raul Godine Executive Director Public Works Agency Exhibit 1: Resolution RB /Ic 55A -2 EXHIBIT 1 Lss10/18/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF ORANGE COUNTY WATER DISTRICT'S PRADO BASIN FEASIBILITY STUDY 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 Orange County Water District has proposed a Prado Basin Feasibility Study (hereinafter "Study ") to evaluate regional ecosystem restoration and sediment management solutions through a multijurisdictional, integrated watershed approach; and B. Ecosystem restoration in the Santa Ana Watershed is critical to improving natural resource habitat and water quality; and C. Costly and limited imported water availability from the State Water Project and Colorado River has heightened the need to enhance water supply by increasing local stormwater capture; and D. The Study will evaluate opportunities for ecosystem restoration by developing a regional approach utilizing natural treatment systems throughout the Basin; and E. The Study will investigate opportunities for wetland pond creation, habitat restoration, new nature trails and recreational facilities, and water quality enhancements; and F. The Study will evaluate increasing the amount of stormwater that can be captured at Prado with a goal of providing up to an additional 30,000 acre - feet of water annually, enough water for nearly 250,000 people; and G. The implementation of projects based on the Study may save the ratepayers in the region up to twenty -four million dollars ($24,000,000) annually by avoiding the high cost of importing water through the fragile Bay -Delta or from the oversubscribed Colorado River, while also reducing our dependence from those sources; and Resolution No. 2011 - Page 1 of 3 55A -3 H. Increasing the amount of water captured at Prado can be implemented without any construction costs or infrastructure modifications; and The Study will investigate solutions for accumulated sediment that negatively impacts water storage and threatens critical habitat of endangered species, upsets ecosystem values, and reduces the supply of sand to replenish beaches; and The Study provides an opportunity to develop comprehensive solutions for Prado Basin's ecosystem, additional stormwater capture and sediment issues impacting Orange County in a cost - effective, holistic, watershed - based approach. Section 2. The City Council of the City of Santa Ana supports the Prado Basin Feasibility Study. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of November, 2011. APPROVED AS TO FORM: Joseph Straka Interim City Attorney In Laura Sheedy Assistant City Attorney Miguel A. Pulido Mayor 55A -4 Resolution No. 2011 - Page 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- 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 55A -5 Resolution No. 2011 - Page 3 of 3 LAWMM-O, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE CLERK OF COUNCIL USE ONLY: APPROVED RESOLUTION SUPPORTING THE ❑ As Recommended GROUNDWATER REPLENISHMENT ❑ As Amended SYSTEM INITIAL EXPANSION El Ordinance on Reading El Ordinance on 2 " n d Reading PROJECT ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution expressing support for the Orange County Water District's Groundwater Replenishment System Initial Expansion project. DISCUSSION The Orange County Water District's (OCWD) Groundwater Replenishment System (GWRS) is an advanced water purification project that improves local water supply reliability through wastewater reclamation and groundwater replenishment. Since becoming operational in 2008, the GWRS has proven to be a significant source of reliable, high - quality water for the region, especially with California's recent drought. The existing GWRS facility purifies nearly 72,000 acre -feet per year (afy) of highly treated wastewater through a three -step advanced treatment process consisting of microfiltration, reverse osmosis, and ultraviolet light disinfection with hydrogen peroxide. The GWRS initial expansion is expected to provide an additional 31,000 afy of new water -- enough to meet the needs of nearly 250,000 people. This would bring the total production of the GWRS to 103,000 afy -- enough water for 850,000 people. Projects like the GWRS initial expansion are essential in meeting the region's increased demands as Southern California continues to reduce its dependence on imported water. These types of projects also improve our region's supply reliability by providing important local resources to draw upon when disasters or other challenges impact traditional supplies. For these reasons, it is recommended that the City of Santa Ana adopt a resolution supporting the GWRS initial expansion. 55B -1 Resolution Supporting the Groundwater Replenishment System Expansion Project November 7, 2011 Page 2 ENVIRONMENTAL IMPACT Although there is no environmental impact associated with this action, the proposed GWRS initial expansion project will reduce the region's dependence on imported water supplies. FISCAL IMPACT There is no fiscal impact associated with this action. Ile Raul Godinez II Executive Director Public Works Agency Exhibit 1: Resolution RB /Ic I EXHIBIT 1 Lss10 /20/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING ORANGE COUNTY WATER DISTRICT'S GROUNDWATER REPLENISHMENT SYSTEM INITIAL EXPANSION 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 Orange County Water District's (OCWD) Groundwater Replenishment System (GWRS) is an advanced water purification project that improves local water supply reliability through wastewater reclamation and groundwater replenishment; and B. The existing GWRS facility purifies approximately 72,000 acre -feet per year (afy) of highly treated wastewater, enough to supply 600,000 people; and C. The GWRS improves the quality of water in our groundwater basin by adding near - distilled quality water into the aquifer; and D. OCWD plans to expand its GWRS to treat an additional 31,000 afy of water, bringing the total production of GWRS facility to 103,000 afy, enough to meet the needs of nearly 850,000 people ; and E. Managing Southern California's water resources is critical to the continued health and economic vitality of the region, including Los Angeles, Orange, San Diego and Ventura Counties. The region currently loses approximately 1.3 billion gallons of wastewater daily to ocean outfall due to a lack of water recycling resources; and F. The GWRS Initial Expansion will decrease Orange County's dependency on imported water from the State Water Project and the Colorado River; and G. The GWRS produces water using one -half of the energy required to import water from the State Water Project; and Page 1 of 3 l : J H. The GWRS Initial Expansion will create hundreds of local jobs through development, construction and operation of the project; and The GWRS Initial Expansion will produce ultra -pure water at a cost competitive with the cost of importing water. The demand and price of imported water is increasing at the same time supply is decreasing. The more Orange County invests in water recycling, the less dependent it will be on imported water. Section 2. The City Council of the City of Santa Ana supports the Groundwater Replenishment System Initial Expansion Project. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of November, 2011. APPROVED AS TO FORM: Joseph Straka Interim City Attorney am Laura Sheedy Assistant City Attorney AYES: NOES: Miguel A. Pulido Mayor Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 55B -4 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- 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 55B -5 Page 3 of 3 6, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: PUBLIC ASSISTANCE FUNDING APPLICATION FOR CaIEMA and FEMA REIMBURSEMENT _1 CITY 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 Adopt a resolution authorizing the City Manager and the Fire Chief as Designating Signature Authority for current and future public assistance funding applications from the California Emergency Management Agency (CaIEMA) and the Federal Emergency Management Agency (FEMA). 2. Approve an Appropriation Adjustment for the FEMA Flood Emergency expenditure account. DISCUSSION The California Emergency Management Agency (CaIEMA) requires that public entities, such as the City of Santa Ana, maintain a current Designation of Applicant's Agent Resolution (OES Form 130) on file. This form allows designated city individuals, in this case the City Manager and Fire Chief, to apply for public assistance through CaIEMA's California Disaster Assistance Act (CDAA) on behalf of the City of Santa Ana, in the event of a disaster. In the event of a declared disaster, either on the state or national level, local agencies are able to seek reimbursement for disaster - related activities. In this case, the City of Santa Ana was approved to receive $8,959.00 for damages related to the December 2010 storms. In order to complete the process OES Form 130 must be filed. 55C -1 Public Assistance Funding Application For CalEMA and FEMA Reimbursement November 7, 2011 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FEMA/Cal -EMA Grant (account no.12215002- 52001) by $8959.00 and appropriate the same amount into FEMA Flood Emergency expenditure account (account no. 12215331 - various). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Francisco Gutierrez Interim City Manager Executive Director Finance & Management Services Agency David Thomas Fire Chief 55C -2 Issl 10311 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING THE CITY MANAGER AND THE FIRE CHIEF AS ITS AGENT FOR MATTERS PERTAINING TO DISASTER ASSISTANCE 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 State of California Emergency Management Agency (CaIEMA) is responsible for administering federal financial assistance under Public Law 93 -288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and for administering state financial assistance pursuant to the California Disaster Assistance Act; and B. CaIEMA requires that local agencies designate an agent(s) for all matters pertaining to state disaster assistance. Section 2. The City Council of the City of Santa Ana hereby designates the City Manager and the Fire Chief as its agent in all matters pertaining to state disaster assistance, including the authority to execute and submit all documents, provide required assurances, and take any actions necessary, 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 under Public Law 93 -288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and /or the California Disaster Assistance Act. Section 3. This designation of authority is a universal designation and is effective for all open and future disasters for three (3) years following approval. 55C -3 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 APPROVED AS TO FORM: Joseph Straka, Interim City Attorney in Laura S. Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers .2011. Miguel A. Pulido Mayor CERTIFICATE OF PUBLICATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011 -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 55C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: PUBLIC HEARING - ABANDONMENT NO. 10 -02: TO VACATE A PORTION OF OF CYPRESS AVENUE SOUTH OF MCFADDEN AVENUE J• CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution vacating a portion of Cypress Avenue south of McFadden Avenue. DISCUSSION On October 3, 2011, the City Council adopted a resolution declaring the City's intent to vacate a portion of Cypress Avenue south of McFadden Avenue. In 2001, the City completed the McFadden Avenue Realignment Project between Main Street and Maple Street. Prior to the project, McFadden Avenue was offset by approximately 400 feet east and west of Main Street. The project involved the realignment of McFadden Avenue to connect the offset segments and the creation of new cul -de -sacs at Cypress Avenue. The right -of -way limits of Cypress Avenue were modified with the construction of a cul -de -sac, which resulted in excess public right -of -way. Prior to the realignment project, the right -of -way proposed to be vacated was improved with asphalt pavement, curbs and sidewalk, but is now unimproved (Exhibit 1). The City's Community Redevelopment Agency, in partnership with Habitat for Humanity, is proposing the development of two single - family residences on remnants of four lots acquired for the realignment project. The lots are vacant and, once combined with the area being abandoned, will be reconfigured to create two parcels (Exhibit 2). The proposed street abandonment, once merged with the adjacent lots, will benefit the City by reducing the adjacent site constraints, such as no direct street frontage on the current Cypress Avenue alignment. Further, the proposed abandonment and subsequent merger will increase the area of the developable land, thus creating feasibility for residential development on excess remnant parcels. Finally, the City's liability over unimproved property will be eliminated. The proposed resolution will abandon the City's street easement at this location. The utility companies, other government agencies, and City departments have been advised of the street vacation. Easements for gas lines and city sewer and irrigation facilities will be reserved in the resolution of vacation. 75A -1 Abandonment No. 10 -02: To Vacate a Portion of Cypress Avenue November 7, 2011 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2011 -16 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. Raul Godinez IU Executive Director Public Works Agency RG:TH Exhibits: 1. Location Map 2. Location Map 3. Resolution 75A -2 75A-4 75A -6 EXHIBIT 3 Lss10/18/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF THE STREET AT 1114 SOUTH CYPRESS AVENUE (ABANDONMENT NO. 2010 -02) 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 Council of the City of Santa Ana, on October 3, 2011, adopted Resolution No. 2011 -064 wherein it declared its intention to vacate with conditions, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, a portion of the street at 1114 South Cypress Avenue. B. The area proposed for vacation is a triangular shaped unimproved portion of land, consisting of approximately 1809 square feet at the southeast corner of South Cypress Avenue and McFadden Avenue, identified as "Vacation" on the map labeled Exhibit 1, attached hereto and incorporated by this reference. C. Resolution 2011 -064 provided notice that at a public meeting on November 7, 2011, at 6:00 p.m., or as soon thereafter as the matter could be heard, this Council would hear any and all persons interested in or objecting to said proposed vacation. D. Said Resolution 2011 -064 has been published in the manner prescribed by law for the publishing of ordinances of the City. E. Notices of said proposed vacation stating the purpose of said vacation and the time and place set for hearing were posted as directed by the Council and required by law. F. This Council at the time and place set for hearing, heard any and all persons interested in or objecting to the proposed vacation of said portions of the streets and received and considered all evidence submitted. Resolution 2011 - Page l of 3 75A -7 G. This Council finds from all the evidence submitted that said portions of the street are unnecessary for present or prospective public use. H. Pursuant to the provisions of section 892 of the Streets and Highways Code of the State of California, the City Council does hereby find and determine that neither said portions of the street nor any part thereof are useful as nonmotorized transportation facilities, as defined in section 887 of said Code. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per California Code of Regulations Title 14, section 15315. Categorical Exemption Environmental Review No. 2011 -16 will be filed for this report. Section 2. This Council does hereby order that the portion of the street at 1114 South Cypress Avenue, as shown on the map labeled Exhibit 1, and more fully described in Exhibit A, attached hereto and made a part hereof by this reference, be, and the same is hereby vacated. Section3. Pursuant to section 8340 of the California Streets and Highways Code, the City Council reserves and excepts from the above vacation an easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over and across the vacated portions of 1114 South Cypress Street, and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the area of 1114 South Cypress Street hereby vacated. Section 4. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange County. Section 5. Said portions of the streets shall not be deemed vacated until this resolution is recorded. Resolution 2011 - Page 2 of 3 ADOPTED this day of November, 2011. APPROVED AS TO FORM: Joseph Straka Interim City Attorney Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011 -_ 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 75A -9 Resolution 2011 - Page 3 of 3 75A -10 EXHIBIT A Legal description for the vacation of a portion of Cypress Avenue That portion of Cypress Avenue in the City of Santa Ana, County of Orange, State of California as shown upon a map of Realty Subdivision of Lot 1, of the Mcfadden Wilson Tract per map thereof recorded in Book 3, Page 35 of Miscellaneous Maps in the Office of the Recorder of said Orange County. Said portion are also shown on Record of Survey 2006 -1156 recorded in Book 224, pages 27 through 31 of Records of Surveys in the Office of said County Recorder described as follows: COMMENCING at a point in the centerfine of Cypress Avenue, 80.00 feet in width as shown on said record of survey, distant thereon North 1 °17 "26" East 192.75 feet from the centerline of Old Mcfadden Avenue, 40.00 feet in width as shown on said record of survey; Thence, departing from said centerline, North 88 °42'34" West 40.00 feet to the west right of way line of said Cypress Avenue and the TRUE POINT OF BEGINNING; Thence along said right of way line North 1017'26" East 87.93 feet to a point in a curve in the southerly right of way line of Mcfadden Avenue, 80.00 feet in width as shown on said Record of Survey, the radius point of which bears South 24 017'00" West 660.00 feet from said point; Thence southeasterly along said curve 63.30 feet through a central angle of 5 °29'44 "; Thence departing from said right of way line South 1 °17'26" West 6.54 feet to the beginning of a non - tangent curve in the right of way line in said Cypress Avenue as shown on said Record of Survey, the radius point of which bears South 4 °28'32" West 54.00 feet from said beginning: Thence southwesterly along said curve 87.82 feet through a central angle of 93 011'05" to the TRUE POINT OF BEGINNING. The above described parcel contains 1809 square feet, more or less. The above described parcel is more particularly shown on Exhibit B, attached hereto and by reference made a part hereof. See sheet 2 of 3 and sheet 3 of 3 of Exhibit A for legal descriptions of easements deserved through this Resolution Sheet 1 of 3 75A -11 EXHIBIT A Legal descriptions of easements reserved through this Resolution Those portions of Cypress Avenue in the City of Santa Ana, County of Orange, State of California as shown upon a map of Realty Subdivision of Lot 1, of the Mcfadden Wilson Tract per map thereof recorded in Book 3, Page 35 of Miscellaneous Maps in the Office of the Recorder of said Orange County. Said portion are also shown on Record of Survey 2006- 1156 recorded in Book 224, pages 27 through 31 of Records of Surveys in the Office of said County Recorder described as follows: PARCEL 1, GAS COMPANY FACILITIES COMMENCING at a point in the centerline of Cypress Avenue, 80.00 feet in width as shown on said record of survey, distant thereon North 1 °17"26" East 192.75 feet from the centerline of Old Mcfadden Avenue, 40.00 feet in width as shown on said record of survey; Thence, departing from said centerline, North 88 042'34" West 40.00 feet to the west right of way line of said Cypress Avenue and the TRUE POINT OF BEGINNING and to a point to be known as POINT A; Thence northeasterly along a non - tangent curve in the right of way line in said Cypress Avenue as shown on said Record of Survey, the radius point of which bears South 88 °42'34" East 54.00 feet from said POINT A, a distance of 38.62 feet through a central angle of 40 °58'20 "; Thence departing from said curve North 88 °42'34" West 13.23 feet to the west right of way line of said Cypress Avenue; Thence South 1 °17'26" West along said west line 35.41 feet to the POINT OF BEGINNING. The above described parcel contains 148 square feet, more or less. PARCEL 2, CITY PUBLIC SEWER FACILITIES A strip of land, 20.00 feet in width, lying 10.00 feet on each side of the following described Line; Commencing at the above described POINT A; Thence northeasterly along the above described 54.00 foot radius curve in the right of way line of said Cypress Avenue 70.66 feet through a central angle of 74 058'270 to the TRUE POINT OF BEGINNING of said strip; Sheet 2 of 3 75A -12 Thence North 1017'26" East 17.21 feet to a point in curve in the southerly right of way line of Mcfadden Avenue, 80.00 feet in width as shown on said Record of Survey and the terminus of said line. The above described parcel contains 350 square feet, more or less. PARCEL 3, CITY IRRIGATION FACILITIES. A strip of land, 7.00 feet in width, the easterly line of said strip lying parallel with and distant easterly 7.00 feet from the east line of the above described Parcel 2. The above described parcel contains 59 square feet, more or less. The above described three parcels are more particularly shown on Exhibit B, attached hereto and by reference made a part hereof. Prepared in the Office of o No. PLS 5023 Leonard C. Stiles * ; EV. 12/31/11 PLS 5023 License Expires 12/31/2011 September 2, 2011 OF CA�rF Sheet 3 of 3 75A -13 75A -14 c' EXHIBIT B 0 20' 114% �' , SCALE 1 "x-40' FN v° P Thriam PC 75A -15 3 •..t'i.�i.1 3 i fiw �af:L�t S fi�•w :r •'� t ev M AV' €' ; 2. OD VACATION c12 ry;b RI LINE BEARING HORIZ DIST 1809 &F. C13 ? 2ry I L1 S88'42'34'E 13.23' L2 N1 °1 T26'E 25.94' 2 r M C_14. J 'a °1T26'E O- L4 3 ` L3 N1 17.21' c� �o• ' L4 N1 °1T26'E 10.35 p ; C10 L5 N1'1T26'E 6.54' ��i1:2 C2t�'•j ce C7 ' :w, total ---.j4 S , CURVE RADIUS ARC DELTA 1 T.P.O.B C1 54.00' 38.62' 40 °58'20" L1 I o• C2 54.00' 87.82' 93 °11'05" C1i 6 C3 54.00' 70.66' 74 °58'27" I •� '7sr� C4 660.00` 63.30' 5 "29'44" N W © C5 660.00' 28.54' 2'28'40" C6 54.0(Y 26.18' 27 °46'53" _ °D C7 54.00' 21.34' 22 °38'25" Z C8 54.00' 10.71' 11 °21'42" u) C9 54.00' 7.00' 7 °2557" POINT A C10 54.00' 10.16' 10'46'41" / C11 660.00' 32.95' 2 °51'38" C12 660.00' 11.16' 0 °58'07" ; 1 I I / �: C13 660.00' 11.25' 0 °583T = ' _ _40_.0_0' _ _ _ I 14.00 y �- - - _ C14 660.00' 7.94' 0 °41'21' _ - - N88 °42'34"W rad. ' 7 54 00• j _EGEND -..- Denotes boundary of vacation �•- 1O Easement reserved for Gas Co. facilities j � I LL W _� LL (p 2O Easement reserved for City public sewer facilities � CO N N O3 Easement reserved for City irrigation facilities OU i � Uj z U I 1i - -- = 1----- - - - - -- j OLD MCFADDEN AVENUE SHEET 1 OF 1 Thriam PC 75A -15 75A -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2011 -01 TO CREATE A HOUSING OPPORTUNITY ORDINANCE • j CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2011 -01. PLANNING COMMISSION ACTION On September 26, 2011, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2011 -01 by a vote of 7:0 to amend the zoning code to create a Housing Opportunity Ordinance to ensure future residential development projects contribute to the attainment of the affordable housing goals set forth in the Housing Element of the City's General Plan. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). With its recommendation of approval, the Planning Commission directed staff to provide the Council with copies of the sample fee calculation worksheets (Exhibit B). These sample worksheets were provided by the city consultant utilizing existing residential developments within the city. FISCAL IMPACT There is no fiscal impact associated with this action. J y . Trevino E utive Director Planning & Building Agency SK:rb sk \wp51 \reports\Z0A11 -01 Housing Ordinance= Exhibit: A. Planning Commission Staff Report B. Sample Fee Calculation Worksheets 75B -1 75B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 26, 2011 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2011 -01 TO CREATE A HOUSING OPPORTUNITY ORDINANCE Prepared by Sergio Klotz C�� Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO 6L.A. 9:ir�_ Planning MaKiger Recommend that the Planning Commission recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2011 -01. Request of Applicant The City of Santa Ana is initiating a request to create a Housing Opportunity Ordinance to ensure that future residential development projects contribute to the attainment of the affordable housing goals set forth in the Housing Element of the City's General Plan. Project Description The Housing Element of the General Plan identifies the long range plans for housing throughout the city. The Element further identifies a vision, goals, policies and programs to address housing issues within the city. The Housing Opportunity Ordinance helps to implement a component of the Housing Element by playing an active role in the provision of affordable housing within the City of Santa Ana. Proiect Background Each city in California is required to adopt and implement a Housing Element as part of its General Plan. The Housing Element must be updated every eight years and it must establish goals and policies to ensure that regional housing needs can be met. Chief among satisfying future housing projections is the need to provide for housing that is affordable to people who make less than, or only slightly more than, the county median income. Housing that meets this criteria is referred to as "affordable housing." The current median income for a family of four in Orange County is $87,200. While the City is not required to build affordable housing, it must show that adequate development sites are available for the production of such housing and it must show evidence of policies that support the production of affordable housing. Exhibit A 75B -3 i Zoning Ordinance Amendment No. 2011 -01 September 26, 2011 Page 2 The State establishes target housing production goals for each city through the Regional Housing Needs Assessment or RHNA. For the 2006 -2014 planning period the City of Santa Ana's RHNA target is 3,393 units. This number is based on regional population growth estimates of which each city is allotted a portion. In addition, the State establishes the number of units within a range of income categories that must be provided. For Santa Ana 1,932 of the 3,393 units should be constructed within the moderate, low, very low and extremely low income categories. The proposed ordinance is intended to assist the City in meeting a portion of the RHNA requirement. The following table details this requirement. Santa Ana RHNA Targets for Affordable Housing — 2006 -2014 Income Level 2010 Median Income" 4 person household RHNA Extremely Low $27,850 347 Very Low $46,450 347 Low $74,300 574 Moderate $104,650 665 Above Moderate Above 1,461 Total 3,393 'Source: Department of Housing and Community Development, 2010 In 2009, the City adopted the General Plan Housing Element for the 2006 -2014 update cycle. This updated Housing Element was also certified by the State Department of Housing and Community Development making the City of Santa Ana compliant with State housing law. The Element establishes a policy framework upon which goals and implementation measures are based. The overarching policy statement, as adopted by the City Council, states: "Santa Ana residents have an equal right and opportunity to find suitable housing in quality residential neighborhoods that allow themselves, their families, and neighbors to live the fullest lives. We support an inclusive community that is multigenerational, culturally diverse, sustainable, and economically broad. The City will facilitate the production, rehabilitation, and improvement of rental and homeownership opportunities at different affordability levels." Following from the policy statement the Housing Element then establishes four key issue areas: Housing and Neighborhoods, Housing Supply and Diversity, Housing Assistance, and Special Needs. Each of these key issue areas then has goals and policies in order to implement the Housing Element. The creation of affordable housing is a recurring theme throughout each of these key issue areas and is supported through the policy statements and goals (HE -2.3, HE -2.6, HE -2.8, HE -3.1, HE -3.2, HE -3.3, HE -3.5, HE -3.7, HE -4.1, HE -4.2). Following the establishment of the goals and policies the City must also show specific implementation measures, as well as an estimated time deadline for their completion. The City must also produce an annual report detailing the progress on each of these implementation 75B -4 Zoning Ordinance Amendment No. 2011 -01 September 26, 2011 Page 3 measures, which must be submitted to the State Department of Housing and Community Development. Implementation Measure No. 25 of the Housing Element lists a number of Affordable Housing Incentives, including the potential for the establishment of an inclusionary housing ordinance in order to create new affordable housing. Inclusionary housing ordinances are tools used by cities to ensure that a certain percentage of new housing development is available at affordable levels. This requirement can generally be met through the inclusion of such units within the project itself, rehabilitation or construction of units off site, or through the payment of an in -lieu fee. The units have restricted covenants to ensure that they remain affordable over time. Based on a report by the Non - Profit Housing Association, as of 2007 nearly one -third of California jurisdictions had adopted inclusionary housing policies. At the time that the Housing Element was drafted it was recommended that the feasibility of an inclusionary housing ordinance should be studied and implemented within the 2006 -2014 framework. State law requires that when new housing is constructed within redevelopment project areas there must also be affordable housing constructed that equals 15 percent of the total number of units constructed within the project area (Health and Safety Code, Section 33413). Due to the fact that significant areas within the Transit Zoning Code formerly zoned as Industrial now have the ability to convert to mixed -use residential development at the property owners' discretion, the potential exists for a substantial number of new units to be constructed within these Overlay Zone areas. As the majority of these areas are located within redevelopment project areas (Central City, Inter City, North Harbor, Bristol and South Main) new residential development would trigger the requirement for new affordable housing development pursuant to state law. If affordable units are not included within the projects themselves, or built by the applicant on another site, the Redevelopment Agency would become responsible for funding and constructing such housing. It is therefore necessary to ensure that the 15 percent affordability requirement be captured within the new development themselves and the Housing Opportunity Ordinance would enable the City to meet this mandate. On June 7, 2010, several months after the adoption of the Housing Element, the City Council adopted the Transit Zoning Code. As part of this action the City Council directed staff to begin a process to draft an inclusionary housing ordinance for those properties within the M1 and M2 Industrial Overlay Zones of the Transit Zoning Code. This direction was given, in part, to address the community's concerns about the provision of affordable housing within re -zoned areas of the Transit Zoning Code, as well as to implement the City's Housing Element and address State Redevelopment Law. Following the adoption of the Transit Zoning Code the City was awarded a Compass Blueprint Grant from the Southern California Association of Governments (SCAG) to study new development opportunities for the Harbor Boulevard Corridor that would improve access to housing served by transit, as well as to further various state and regional sustainability goals. This project also serves to further the Housing Element implementation measure to re -zone 75B -5 Zoning Ordinance Amendment No. 2011 -01 September 26, 2011 Page 4 areas to create the opportunity for new housing creation. The outcome of the Harbor Boulevard Corridor Study will also result in the adoption of new zoning that will allow for the construction of housing on property that currently has commercial zoning. Similar to the Transit Zoning Code Industrial Overlay Zones, the Harbor Boulevard corridor identified in the Housing Element is located within a redevelopment project area, North Harbor. The production of new housing in this area would also trigger the 15 percent affordable housing redevelopment requirement. With this in mind, as well as looking to the future, staff recommended that the Housing Opportunity Ordinance be developed on a city -wide basis. The draft ordinance was developed with the input of a variety of stakeholders and interest groups. The draft ordinance, entitled the Housing Opportunity Ordinance, was presented to the City Council during a study session held on January 18, 2011. At that meeting the City Council directed staff to complete the draft document and begin the public hearing adoption process. Proiect Analysis The City of Santa Ana has a wide array of programs that have created affordable housing opportunities throughout the City. These programs include rental assistance, housing rehabilitation and partnerships with developers to create new affordable housing. However, the City has never had a requirement that new market rate housing development contain an affordable component. In past practices, some development projects have been required to pay certain fees to be used toward the provision of affordable housing. These fees, typically referred to as "affordable housing in -lieu fees," were negotiated through development agreements. The absence of an ordinance, such as the one proposed, created uncertainty for both developers and staff with the result that the terms of the development agreement and the establishment of the in- lieu fee were often still being negotiated well into the development review, and even discretionary adoption, process. Further, these fees varied from project to project and were not applied on a consistent basis. The Housing Opportunity Ordinance will provide clear standards as to the City's affordable housing requirements, thereby providing certainty to developers and allowing for the inclusion of the requirement into the initial pro forma and design of the project. The adoption of the ordinance will also ensure that the affordable housing obligation is applied in a consistent and equitable manner. The proposed ordinance applies to proposals for five or more housing units and makes a distinction between those developments going ahead under the "as -of- right" zoning provisions, and those needing a discretionary zoning or general plan amendment. The ordinance will only apply to those developments requesting a zoning amendment from a non - residential to a residential zone (including City- initiated re- zones), an increase in density, a conversion to the residential provision of an overlay zone, or conversion of apartments to condominiums. The rationale behind this approach is that these developments are receiving additional, and often considerable, economic windfall through the development approval process, and the public should recover some part of that benefit and most certainly the public should not be penalized to provide affordable housing when the requirement is caused by a developer's windfall. Zoning Ordinance Amendment No. 2011 -01 September 26, 2011 Page 5 Residential Project that propose the creation of five or more residential units through a subdivision, new construction, or conversion from apartment to condominium ownership; it will be subject to the proposed ordinance requirements. The following is a summary of the ordinance: • Fifteen percent of the total number of units must be affordable, whether the project is for sale or rental • Alternatives to meet ordinance • Construct income restricted units on -site • Construct income restricted or substantially rehabilitate units off -site • Under unique circumstances, pay a fee in lieu of construction or rehabilitation • Standards • Disperse units throughout project • Similar number of bedrooms as market -rate units • Comparable design, materials, quality and appearance • Same access to site amenities • Restriction • For sale — 45 years • Rental — 55 years • Submittal of Housing Inclusionary Plan and Housing Agreement The complete draft ordinance is attached as Exhibit 1. Plannina Commission Review On March 14, 2011 the Planning Commission held a Study Session to discuss and provide input on the draft ordinance. Members of the citizen advisory committee were also present at the Study Session to provide their input and comments. On March 28, 2011, the Planning Commission conducted a public hearing to consider the adoption of the Housing Opportunity Ordinance (ZOA 2011 -01). During the hearing 10 members of the public provided oral or written testimony regarding the adoption of the proposed ordinance. Their comments ranged from support for the ordinance, to concerns that adequate notice of the public hearing had not been provided and that the ordinance would result in a change to the current zoning of their property. Following the public hearing, the Planning Commission continued the item in order to allow staff time to allow further clarification on the portion of the ordinance related to the calculation of an in -lieu fee, as well as additional public notice. 75B -7 Zoning Ordinance Amendment No. 2011 -01 Septerber 26, 2011 Page 6 During the Planning Commission's May 9, 2011 meeting Chairman Alderete appointed an Ad Hoc Committee consisting of himself and Commissioners Acosta and Turner to further review the ordinance. The Planning Commission continued the Housing Opportunity Ordinance on August 22, 2011 to the Commission meeting on September 12, 2011 and then to the meeting of September 26, 2011 at the request of staff. Plannina Commission Ad Hoc Committee The Planning Commission Ad Hoc Committee held two meetings (June 7 and 30, 2011) to discuss in detail the proposed ordinance. The primary areas of discussion topics centered on the methodology used to calculate any potential in -lieu fee, the contents of the Administrative Procedures manual and the specifics of the allowance for off -site rehabilitation as a means to satisfy the inclusionary housing requirement. Kathe Head, the City's consultant from Keyser Marston Associates, provided information on her experience in developing and administering inclusionary housing ordinances throughout the State. In response to the Commissioners' questions and concerns regarding a "fixed fee" approach versus a "market conditions" approach, or some combination thereof, Ms. Head clarified that the approach contained in the proposed ordinance would not establish a fixed fee, but would instead be responsive to market conditions at the time of the application. The Committee also discussed the provision contained in the Ordinance that allows an applicant to provide for the required affordable units off -site through the substantial rehabilitation of existing units, such as an existing apartment building. Clarification has been added to the ordinance that would ensure that the number of units to be rehabilitated off -site matches the affordability gap associated with the provision of on -site units. Policy Considerations for the Fixed Fee vs. the Market Conditions Approach The primary goal of the Housing Opportunity Ordinance is to achieve production of units within development projects. This ensures that the City is able to show progress towards its Regional Housing Needs Assessment (RHNA) targets, as well as ensuring that projects have mixed - income units, rather than clumping affordable units all together in separate projects. However, where it can be clearly demonstrated that production of such units within a project is not feasible, the ordinance includes a provision whereby a developer may request that the City Council allow them to pay a fee in lieu of providing the required affordable units. Upon consideration of the applicant's request, the Council may either approve or deny the ability to pay the in -lieu fee. The fee itself would be determined by a set methodology. It is important to note, however, that accepting in -lieu fees is a last resort. The overarching goal is to produce affordable housing units in a mixed income setting, rather than stand -alone affordable projects. •i Zoning Ordinance Amendment No. 2011 -01 September 26, 2011 Page 7 Even though collecting an in -lieu fee should be a rare occurrence, the proposed ordinance establishes a methodology for calculating the fee that is based on bridging the gap between what it would cost to provide the unit at a market rate versus an affordable rate. The calculation uses market rents or for -sale prices in place at the time of application to establish the cost of the unit. It then uses current affordability indexes established by the State and County to determine what a prospective owner or tenant could pay. The difference between the rent/sale price and the amount the owner /tenant could pay constitutes the affordability gap. There are generally two ways of calculating an affordable housing in -lieu fee — a fixed fee or a market -based fee. A fixed fee is established based on a variety of criteria, which could include unit size, number of bedrooms and /or geographic location within a city. The fee is then set and remains fixed until such time as the City Council takes action to adjust it. It could also be adjusted based on common factors, such as the Consumer Price Index. The advantage of this approach is that the fee is slightly easier to calculate. The disadvantage of this approach is that the fee does not respond to current market conditions and, as such, may not accurately reflect the actual cost gap of providing the affordable unit. If a fixed fee were established today, the current housing market conditions, where market prices are very close to affordable prices in some income categories, would result in a fee that is very low to reflect the relatively small affordability gap. Given that new housing production of the type that would trigger this ordinance is unlikely to occur in the near term, any fixed fee established today would be out of date before an application is received. This could have the effect of creating additional financial responsibility for the city to provide the unit in the future. In addition, differences in housing prices within a jurisdiction could further skew the fee. In a large built -out city such as Santa Ana, where there is a wide range of housing prices, a fixed fee could be disproportionately charged unless it was adjusted for the geographic location of the project. This adjustment would still not account for shifts in market conditions over time. A market -based fee responds to market conditions at the time of application. While the fee itself is not fixed, the methodology used to calculate the fee does not change and it is not overly difficult to calculate. For those jurisdictions in California that have adopted ordinances requiring new housing developments to provide affordable units, the fixed fee approach is the most common. However, two- thirds of cities in California do not have formally adopted ordinances requiring affordable housing. The most common practice in these jurisdictions is to negotiate fees at the time of application without any formal methodology, or to not require any affordable units. Negotiating fees without a fixed methodology creates uncertainty for the developer and does not allow the city to apply the in -lieu fee equally on all development projects. The advantage of using a market based methodology is that it uses current for -sale and lease rates, as well as the current affordable income indexes in place at the time of application. This ensures that any fee charged at that time of application would not penalize or, conversely, create a windfall, for those developers seeking to pay the fee in lieu of unit production. It would also ensure that affordability rates were also accurately reflected. .� Zoning Ordinance Amendment No. 2011 -01 September 26, 2011 Page 8 The disadvantage to using the market based approach is that it requires developers to provide more information to the city regarding anticipated sales prices or lease rates. However, given that the developer would be requesting a deviation from the requirement to provide the housing as part of the project, and must also show financial justification as to why it would be infeasible to do so, the provision of the project's economic information would be required in any case. Upon careful review of all of the policy implications of the fixed fee vs. the market based methodology, staff recommends the approach contained in the proposed ordinance of a market based methodology. Community Redevelopment and Housing Commission On April 5, 2011, staff presented the Housing Opportunity Ordinance to the Community Redevelopment and Housing Commission. The item allowed staff to walk the Commission through the ordinance and answer questions. The Commission approved the recommendation to receive and file. Public Outreach and Notification During the process of drafting the Housing Opportunity Ordinance an Advisory Committee was established comprised of stakeholders representing a variety of interests including market rate and affordable housing developers, affordable housing advocates, members of the real estate community and property owners within the Transit Zoning Code, as well as the Housing Element's housing opportunity sites. Those participating on the Committee included the following: Lyon Capital Ventures, Building Industry Association - Orange County, Kennedy Commission, CB Richard Ellis, and individual property owners representing the Transit Zoning Code Industrial Overlay, and the Harbor Boulevard and First Street corridors. Two meetings took place on September 16, 2010 and September 30, 2010. In both meetings, staff provided a presentation, updates and discussion with the committee members. The Committee's input played a vital role in drafting the Ordinance. In addition to these meetings, written comments were received from the Building Industry Association, and property owners Michael Madzoeff and Mike Tardif outlining a variety of questions and suggestions. All correspondences were given a written response and many of the suggestions or clarification items resulted in modifications to the proposed ordinance. In addition to the Advisory Committee discussions, staff has had the opportunity to discuss and answer questions at neighborhood and group meetings on the proposed ordinance. Those meetings included one -on -one conversations with individual members of the community at the Harbor Boulevard Community Workshop in December 2010 and the Santa Anita neighborhood meeting in March 2011. On January 18, 2011 a study session was conducted with the City Council to outline the proposed ordinance and process. Staff presented an update on the Housing Element efforts and also discussed the Housing Opportunity Ordinance. On March 14, 2011 a study session was 75B -10 Zoning Ordinance Amendment No. 2011 -01 September 26, 2011 Page 9 held with the Planning Commission to discuss the proposed ordinance. Notices were sent to all of the Advisory Committee members notifying them of the study session. At that meeting, two members spoke on the subject, Caesar Covarrubias, Kennedy Commission and Mike Tardif, property owner within the Industrial Overlay of the Transit Zone. Staff also provided a presentation to the Community Redevelopment and Housing Commission on April 5, 2011. Public notification included a mailing list of over 900 property owners and interested parties. This mailing list was used to send notices for the public hearing held on March 28th and this public hearing. This mailing list included: Metro East property owners, Transit Zoning Code Industrial Overlay property owners, Harbor Transit Corridor Plan property owners, First and Fifth Streets Transit Corridor sites property owners, Town and Country Manor property owners, MacArthur Place property owners, City Place property owners and property owners within Harbor Boulevard Corridor project area. Based upon feedback from several property owners regarding the format of the March 28th notice, which was postcard size, staff modified the format for this and all future mailed notifications to a full -page format. This format also conforms to that used by the City Clerk. Spanish and Vietnamese language contact information was also included on these notices. Staff also contacted each of those in attendance at the March 28th public hearing by phone to answer any questions and notify them of this meeting. Notices, a full copy of the draft ordinance and any other handouts or PowerPoint presentations were also posted on the City's website and, where e-mail addresses were provided, staff sent messages to those on the electronic notification list. Notice of this public hearing also was posted on the Planning and Building Agency's Facebook page. A notice was published in the Orange County Reporter advertising the Planning Commission public hearing and notices were mailed to those requesting notification of ordinance amendment proposals, such as Santa Ana Unified School District and Edison Real Estate Operations. At the time of publishing this report, a total of nine telephone inquiries were received. The general tone of the inquiries included understanding of the proposed ordinance, possible effect on their current property and why they had received the notice. 75B -11 Zoning Ordinance Amendment No. 2011 -01 September 26, 2011 Page 10 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2011 -01. Melanie McCann, AICP Associate Planner SK:jm sklwp511reports\Z0A11 -01 Housing Ordinance.9.26.11.pc Attachment: Exhibit 1 — Proposed Housing Opportunity Ordinance 75B -12 APPENDIX A - TABLE 1 AFFORDABLE SALES PRICE CALCULATIONS INCLUSIONARY HOUSING IN -LIEU FEE METHODOLOGY SANTA ANA. CALIFORNIA Based on November 2009 Orange County Housing Authority allowances. Includes: Gas: Cooking, Heating, Water Heater. Electric: Basic trash and sewer. 2 Based on the rate charged for FannieMae 30 -year fixed rate fully amortizing loans. Exhibit B Prepared by: Keyser Marston Associates, Inc. File name: SA In -lieu Fee_6_7_11; APP Al 75B-1 3 1 -Bdrm 2 -Bdrm 3 -Bdrm 4 -Bdrm 1. 2010 Orange County Median Income $69,750 $78,500 $87,200 $94,200 II. Moderate Income Sales Prices Household Income @ 110% Median $76,725 $86,350 $95,920 $103,620 Income Allotted to Housing @ 35% of Income $26,854 $30,223 $33,572 $36,267 Ongoing Expenses Maintenance & Insurance $2,700 $3,000 $3,300 $3,600 Utilities ' 1,188 1,368 1,896 2,148 Property Taxes @ 1.1% of Affordable Price 3,183 3,584 3,934 4,231 Total On -going Expenses $7,071 $7,952 $9,130 $9,979 III. Income Available for Mortgage $19,783 $22,271 $24,442 $26,288 Affordable Housing Price Supportable Mortgage @ 6.00% Interest 2 $275,000 $309,600 $339,700 $365,400 Down Payment @ 5% of Affordable Price 14,500 16,300 17,900 19,200 Maximum Affordable Purchase Price $289,500 $325,900 $357,600 $384,600 Based on November 2009 Orange County Housing Authority allowances. Includes: Gas: Cooking, Heating, Water Heater. Electric: Basic trash and sewer. 2 Based on the rate charged for FannieMae 30 -year fixed rate fully amortizing loans. Exhibit B Prepared by: Keyser Marston Associates, Inc. File name: SA In -lieu Fee_6_7_11; APP Al 75B-1 3 APPENDIX A - TABLE 2 IN -LIEU FEE CALCULATION WORKSHEET OWNERSHIP PROJECTS -15% MODERATE INCOME INCLUSIONARY REQUIREMENT INCLUSIONARY HOUSING IN -LIEU FEE METHODOLOGY SANTA ANA, CALIFORNIA I. Project Description A. Project Name B. Project Address II. On -Site Inclusionary Requirement A. Required Number of Inclusionary Units Total Project Units Inclusionary Requirement as % of Total Units Total Inclusionary Requirement (Round -up) B. Inclusionary Unit Distribution Two - bedroom Units Three - bedroom Units Four - bedroom Units Totals Total Building Area (Square Feet) III. Affordability Gap / Unit Calculation Two - bedroom Units Three - bedroom Units Four - bedroom Units IV. Affordabilitv Gap Calculation Two - bedroom Units Three - bedroom Units Four - bedroom Units Total Affordability Gap Total In -Lieu Fee 4 Per Total Unit Per Income Restricted Unit Per Square Foot of Total Building Area Total Project Units % of Total Units' Restricted Price - Moderate Income Market Prices 3 $325,900 $357,600 $384,600 Affordability Gap / Unit Inclusionary Units ' This column must add up to 100 %. 2 Multiply the % of Total Units times the Total Inclusionary Requirement. 3 Equal to the lesser of the defined Affordable Sales Price or 20% less than the projected Market Price. 4 The Total In -Lieu Fee is equal to the Total Affordability Gap. Prepared by: Keyser Marston Associates Filename: SA In -lieu Fee_6_7_11; APP A2 75B-1 4 15% Required # of Inclusionary Units 2 Affordability Gap / Unit Total Affordability Gap APPENDIX A - TABLE 3 -1 IN -LIEU FEE EXAMPLE OWNERSHIP HOUSING EXAMPLE INCLUSIONARY HOUSING IN -LIEU FEE METHODOLOGY SANTA ANA, CALIFORNIA I. Proiect Description A. Project Name B. Project Address II. On -Site Inclusionary Requirement A. Required Number of Inclusionary Units Total Project Units Inclusionary Requirement as % of Total Units Total Inclusionary Requirement (Round -up) B. Inclusionary Unit Distribution Two - bedroom Units Three - bedroom Units Four - bedroom Units Totals Total Building Area (Square Feet) III. Affordability Gap / Unit Calculation Two - bedroom Units Three - bedroom Units Four - bedroom Units IV. Affordabilitv Gap Calculation Two - bedroom Units Three - bedroom Units Four - bedroom Units Total Affordability Gap Avenue E 2823 West Edinaer Avenue Total Project Units % of Total Units 10 23% 10 23% 24 55% 44 71,478 Market Prices 100% Restricted Price - Moderate Income Units 3 44 15% 7 Required # of Inclusionary Units 2 2 2 3 7 Affordability Gap / Unit $275,000 $220,000 $55,000 $375,000 $300,000 $75,000 $475,000 $380,000 $95,000 Affordability Total Affordability Gap / Unit Inclusionary Units Gap $55,000 2 $110,000 $75,000 2 $150,000 $95,000 3 $285,000 $545,000 Total In -Lieu Fee 4 $545,000 Per Total Unit $12,400 Per Income Restricted Unit $77,900 Per Square Foot of Total Building Area $7.62 ' This column must add up to 100 %. 2 Multiply the % of Total Units times the Total Inclusionary Requirement, 3 The restricted prices are set at 20% less than the projected market rate prices for the units. 4 The Total In -Lieu Fee is equal to the Total Affordability Gap. Prepared by: Keyser Marston Associates Filename: SA In -lieu Fee_6_7_11; APP A3 -1 75B -15 APPENDIX A - TABLE 3 -2 IN -LIEU FEE EXAMPLE OWNERSHIP HOUSING EXAMPLE INCLUSIONARY HOUSING IN -LIEU FEE METHODOLOGY SANTA ANA, CALIFORNIA I. Project Description A. Project Name B. Project Address II. On -Site Inclusionary Requirement A. Required Number of Inclusionary Units Total Project Units Inclusionary Requirement as % of Total Units Total Inclusionary Requirement (Round -up) B. Inclusionary Unit Distribution Two - bedroom Units Three - bedroom Units Four - bedroom Units Totals Total Building Area (Square Feet) III. Affordability Gap I Unit Calculation Two - bedroom Units Three - bedroom Units Four - bedroom Units IV. Affordabilitv Gap Calculation Two - bedroom Units Three - bedroom Units Four - bedroom Units Total Affordability Gap City Place Memory Lane and Lawson Way Total In -Lieu Fee 4 $1,770,000 Per Total Unit $15,800 Per Income Restricted Unit $104,100 Per Square Foot of Total Building Area $7.99 This column must add up to 100 %. 2 Multiply the % of Total Units times the Total Inclusionary Requirement. The restricted prices for the two- and three - bedroom units are set at 20% less than the projected market rate prices. The 3 restricted price for the four - bedroom units is set at the defined affordable price for a moderate income household. 4 The Total In -Lieu Fee is equal to the Total Affordability Gap. Prepared by: Keyser Marston Associates Filename: SA In -lieu Fee_6_7_11; APP A3 -2 75B-1 6 112 15% 17 Required # of Total Project Inclusionary Units % of Total Units' Units 2 23 21% 3 41 37% 6 48 43% 8 112 100% 17 221,400 Restricted Price - Moderate Income Affordability Gap / Market Prices Units 3 Unit $350,000 $280,000 $70,000 $400,000 $320,000 $80,000 $520,000 $385,000 $135,000 Affordability Total Affordability Gap / Unit Inclusionary Units Gap $70,000 3 $210,000 $80,000 6 $480,000 $135,000 8 $1,080,000 $1,770,000 Total In -Lieu Fee 4 $1,770,000 Per Total Unit $15,800 Per Income Restricted Unit $104,100 Per Square Foot of Total Building Area $7.99 This column must add up to 100 %. 2 Multiply the % of Total Units times the Total Inclusionary Requirement. The restricted prices for the two- and three - bedroom units are set at 20% less than the projected market rate prices. The 3 restricted price for the four - bedroom units is set at the defined affordable price for a moderate income household. 4 The Total In -Lieu Fee is equal to the Total Affordability Gap. Prepared by: Keyser Marston Associates Filename: SA In -lieu Fee_6_7_11; APP A3 -2 75B-1 6 APPENDIX A - TABLE 3 -3 IN -LIEU FEE EXAMPLE OWNERSHIP HOUSING EXAMPLE INCLUSIONARY HOUSING IN -LIEU FEE METHODOLOGY SANTA ANA, CALIFORNIA I. Project Description $1,144,000 Per Total Unit $30,100 A. Project Name $190,700 Canopy Lane B. Project Address Fairview and Alton II. On -Site Inclusionary Requirement A. Required Number of Inclusionary Units Total Project Units 38 Inclusionary Requirement as % of Total Units 15% Total Inclusionary Requirement (Round -up) 6 Required # of Total Project Inclusionary B. Inclusionary Unit Distribution Units % of Total Units' Units 2 Two - bedroom Units 0 0% 0 Three - bedroom Units 11 29% 2 Four - bedroom Units 27 71% 4 Totals 38 100% 6 Total Building Area (Square Feet) 80,899 Restricted Price - Moderate Income Affordability Gap / III. Affordability Gap / Unit Calculation Market Prices Units 3 Unit Two - bedroom Units $0 $0 $0 Three - bedroom Units $500,000 $358,000 $142,000 Four - bedroom Units $600,000 $385,000 $215,000 Affordability Total Affordability IV. Affordability Gap Calculation Gap / Unit Inclusionary Units Gap Two - bedroom Units $0 - $0 Three - bedroom Units $142,000 2 $284,000 Four - bedroom Units $215,000 4 $860,000 Total Affordability Gap 1 $1,144,000 Total In -Lieu Fee 4 $1,144,000 Per Total Unit $30,100 Per Income Restricted Unit $190,700 Per Square Foot of Total Building Area $14.14 This column must add up to 100 %. 2 Multiply the % of Total Units times the Total Inclusionary Requirement. 3 The restricted prices are set at the defined affordable sales prices for moderate income households. 4 The Total In -Lieu Fee is equal to the Total Affordability Gap. Prepared by: Keyser Marston Associates Filename: SA In -lieu Fee_6_7_11; APP A3 -3 75B-1 7 APPENDIX B - TABLE 1 AFFORDABLE RENT CALCULATIONS INCLUSIONARY HOUSING IN -LIEU FEE METHODOLOGY SANTA ANA, CALIFORNIA I. 2010 Orange County Median Income II. Very-Low Income Rents Household Income @ 50% Median Income Allotted to Housing @ 30% of Income Maximum Monthly Housing Cost (Less) Monthly Utility Allowance Maximum Very-Low Income Rents III. Low Income Rents Household Income @ 60% Median Income Allotted to Housing @ 30% of Income Maximum Monthly Housing Cost (Less) Monthly Utility Allowance Maximum Low Income Rents Studio 1 -Bdrm 2 -Bdrm 3 -Bdrm $61,050 $69,750 $78,500 $87,200 $30,525 $34,875 $39,250 $43,600 $9,158 $10,463 $11,775 $13,080 $763 $872 $981 $1,090 ' (45) (57) (68) (103) $718 $815 $913 $987 $36,630 $41,850 $47,100 $52,320 $10,989 $12,555 $14,130 $15,696 $916 $1,046 $1,178 $1,308 ' (45) (57) (68) (103) $871 $989 $1,110 $1,205 Based on November 2009 Orange County Housing Authority allowances. Includes: Gas: Cooking, Heating, Water Heater. Electric: Basic 2 Based on 33% of the affordable units at low income and 0% of the affordable units at moderate income. Prepared by: Keyser Marston Associates, Inc. File name: SA In -lieu Fee_6_7_11; APP 131 75B-1 8 APPENDIX B - TABLE 2 IN -LIEU FEE CALCULATION WORKSHEET RENTAL PROJECTS - 5% LOW INCOME & 0% MODERATE INCOME INCLUSIONARY REQUIREMENT INCLUSIONARY HOUSING IN -LIEU FEE METHODOLOGY SANTA ANA, CALIFORNIA I. Project Description A. Project Name B. Project Address II. On -Site Inclusionary Requirement A. Required Number of Inclusionary Units Total Project Units Inclusionary Requirement as % of Total Units Total Inclusionary Requirement (Round -up) B. Inclusionary Unit Distribution Studio Units One - bedroom Units Two - bedroom Units Three - bedroom Units Totals Total Building Area (Square Feet) C. Inclusionary Unit Income Distribution Studio Units One - bedroom Units Two - bedroom Units Three - bedroom Units Totals III. Rent Assumptions Studio Units One - bedroom Units Two - bedroom Units Three - bedroom Units Total Project Units % of Total Units' Very-Low Income @ 10% Low Income @ 5% Market Rent 1 This column must add up to 100 %. 2 Multiply the % of Total Units times the Total Inclusionary Requirement. Very-Low Income $718 $815 $913 $987 15% Required # of Inclusionary Units 2 Total Low Income $718 $815 $913 $987 Prepared by: Keyser Marston Associates Filename: SA In -lieu Fee_6_7_11; APP B2 75B-1 9 Page 2 of 7 APPENDIX B - TABLE 2 IN -LIEU FEE CALCULATION WORKSHEET RENTAL PROJECTS - 5% LOW INCOME & 0% MODERATE INCOME INCLUSIONARY REQUIREMENT INCLUSIONARY HOUSING IN -LIEU FEE METHODOLOGY SANTA ANA, CALIFORNIA IV. Project Value Comparison A. Rent Income Market Rate Units Studio Units One - bedroom Units Two - bedroom Units Three - bedroom Units Very-Low Income Rents Studio Units One - bedroom Units Two - bedroom Units Three - bedroom Units Low Income Rents Studio Units One - bedroom Units Two - bedroom Units Three - bedroom Units Total Rent Income B. Effective Gross Income Total Rent Income (Less) Vacancy Allowance Effective Gross Income (EGI) V C. Operating Expenses (Excluding Debt Service) General Operating Expenses Property Taxes Total Operating Expenses D. Net Operating Income (EGI - Expenses) E. Project Value Net Operating Income Capitalization Rate Total Project Value Total In -Lieu Fee 3 Per Total Unit Per Income Restricted Unit Per Square Foot of Total Building Area Project with 100% @ Market Inclusionary Rent Standards Difference The Total In -Lieu Fee is equal to the difference between the project's value with 100% market rents and the value with the inclusionary housing obligation. Prepared by: Keyser Marston Associates Filename: SA In -lieu Fee_6_7_11; APP B2 75B-20 Page 3 of 7 APPENDIX B - TABLE 3 -1 IN -LIEU FEE EXAMPLE RENTAL PROJECT INCLUSIONARY HOUSING IN -LIEU FEE METHODOLOGY SANTA ANA, CALIFORNIA I. Project Description A. Project Name B. Project Address II. On -Site Inclusionary Requirement A. Required Number of Inclusionary Units Total Project Units Inclusionary Requirement as % of Total Units Total Inclusionary Requirement (Round -up) B. Inclusionary Unit Distribution One - bedroom Units Two - bedroom Units Totals Total Building Area (Square Feet) C. Inclusionary Unit Income Distribution One - bedroom Units Two - bedroom Units Totals III. Rent Assumptions One - bedroom Units Two - bedroom Units Total Project Units 108 145 Pinnacle MacArthur Boulevard and Main Street % of Total Units' 43% 57% 253 100% 242,208 Very-Low Income @ 10% Low Income @ 5% 11 5 15 7 26 12 Market Rent Very-Low Income $1,330 $815 $1,830 $913 This column must add up to 100 %. 2 Multiply the % of Total Units times the Total Inclusionary Requirement. 253 15% 38 Required # of Inclusionary Units 2 16 22 38 Total 16 22 38 Low Income $989 $1,110 Prepared by: Keyser Marston Associates Filename: SA In -lieu Fee_6711; APP 133 -1 75B -21 Page 4 of 7 APPENDIX B - TABLE 3 -1 IN -LIEU FEE EXAMPLE RENTAL PROJECT INCLUSIONARY HOUSING IN -LIEU FEE METHODOLOGY SANTA ANA, CALIFORNIA IV. Proiect Value Comparison A. Rent Income 3,184,200 Market Rate Units $110,800 One - bedroom Units 107,580 Two - bedroom Units Very-Low Income Rents One - bedroom Units 59,340 Two - bedroom Units Low Income Rents One - bedroom Units $4,593,900 Two - bedroom Units $4,907,880 Total Rent Income B. Effective Gross Income (229, 695) Total Rent Income $4,662,486 (Less) Vacancy Allowance $298,281 Effective Gross Income (EGI) C. Operating Expenses (Excluding Debt Service 546,500 General Operating Expenses 45,600 Property Taxes ($1,639,400) Total Operating Expenses D. Net Operating Income (EGI - Expenses) E. Project Value $2,724,805 Net Operating Income 6.0% Capitalization Rate Total Project Value V Project with 100% @ Market Inclusionary Rent Standards Difference $1,723,680 $1,468,320 Per Total Unit 3,184,200 2,701,080 $110,800 Per Square Foot of Total Building Area 107,580 164,340 59,340 93,240 $4,907,880 $4,593,900 $313,980 $4,907,880 $4,593,900 $313,980 (245, 394) (229, 695) (15, 699) $4,662,486 $4,364,205 $298,281 $1,138,500 $1,138,500 $0 546,500 500,900 45,600 ($1,685,000) ($1,639,400) ($45,600) $2,977,486 $2,724,805 $252,681 $2,977,486 $2,724,805 6.0% 6.0% $49,625,000 $45,413,000 1 $4,212,000 Total In -Lieu Fee 3 $4,212,000 Per Total Unit $16,600 Per Income Restricted Unit $110,800 Per Square Foot of Total Building Area $17.40 3 The Total In -Lieu Fee is equal to the difference between the project's value with 100% market rents and the value with the inclusionary housing obligation. Prepared by: Keyser Marston Associates Filename: SA In -lieu Fee_6_7_11; APP 63 -1 7,5B-22 Page 5 of 7 APPENDIX B - TABLE 3 -2 IN -LIEU FEE EXAMPLE RENTAL PROJECT INCLUSIONARY HOUSING IN -LIEU FEE METHODOLOGY SANTA ANA, CALIFORNIA I. Project Description A. Project Name B. Project Address II. On -Site InclusionarV Requirement A. Required Number of Inclusionary Units Total Project Units Inclusionary Requirement as % of Total Units Total Inclusionary Requirement (Round -up) B. Inclusionary Unit Distribution One - bedroom Units Two - bedroom Units Totals Total Building Area (Square Feet) C. Inclusionary Unit Income Distribution One - bedroom Units Two - bedroom Units Totals III. Rent Assumptions One - bedroom Units Two - bedroom Units 1 This column must add up to 100 %. 2 Multiply the % of Total Units times the Total Inclusionary Requirement. Prepared by: Keyser Marston Associates Filename: SA In -lieu Fee_6_7_11; APP 133 -2 75B -23 Page 6 of 7 Skyline Towers East MacArthur Place 350 15% 53 Required # of Total Project Inclusionary Units % of Total Units' Units 2 64 18% 10 286 82% 43 350 100% 53 546,252 Very-Low Income @ 10% Low Income @ 5% Total 7 3 10 29 14 43 36 17 53 Market Rent Very-Low Income Low Income $2,610 $815 $989 $3,570 $913 $1,110 1 This column must add up to 100 %. 2 Multiply the % of Total Units times the Total Inclusionary Requirement. Prepared by: Keyser Marston Associates Filename: SA In -lieu Fee_6_7_11; APP 133 -2 75B -23 Page 6 of 7 APPENDIX B - TABLE 3 -2 IN -LIEU FEE EXAMPLE RENTAL PROJECT INCLUSIONARY HOUSING IN -LIEU FEE METHODOLOGY SANTA ANA. CALIFORNIA IV. Proiect Value Comparison V A. Rent Income Market Rate Units One - bedroom Units Two - bedroom Units Very-Low Income Rents One - bedroom Units Two - bedroom Units Low Income Rents One - bedroom Units Two - bedroom Units Total Rent Income B. Effective Gross Income Total Rent Income (Less) Vacancy Allowance Effective Gross Income (EGI) C. Operating Expenses (Excluding Debt Service General Operating Expenses Property Taxes Total Operating Expenses D. Net Operating Income (EGI - Expenses) E. Project Value Net Operating Income Capitalization Rate Total Project Value Project with 100% @ Market Inclusionary Rent Standards Difference $2,004,480 $1,691,280 12,252,240 10,410,120 68,460 317,724 $10,113,884 $8,871,685 6.0% 6.0% $168,565,000 $147,861,000 1 $20,704,000 Total In -Lieu Fee 3 $20,704,000 Per Total Unit $59,200 Per Income Restricted Unit $390,600 Per Square Foot of Total Building Area $37.90 The Total In -Lieu Fee is equal to the difference between the project's value with 100% market rents and the value with the inclusionary housing obligation. Prepared by: Keyser Marston Associates Filename: SA In -lieu Fee_6_7_11; APP 63 -2 75B-24 Page 7 of 7 35,604 186,480 $14,256,720 $12,709,668 $1,547,052 $14,256,720 $12,709,668 $1,547,052 (712,836) (635,483) (77,353) $13,543,884 $12,074,185 $1,469,699 $1,575,000 $1,575,000 $0 1,855,000 1,627,500 227,500 ($3,430,000) ($3,202,500) ($227,500) $10,113,884 $8,871,685 $1,242,199 $10,113,884 $8,871,685 6.0% 6.0% $168,565,000 $147,861,000 1 $20,704,000 Total In -Lieu Fee 3 $20,704,000 Per Total Unit $59,200 Per Income Restricted Unit $390,600 Per Square Foot of Total Building Area $37.90 The Total In -Lieu Fee is equal to the difference between the project's value with 100% market rents and the value with the inclusionary housing obligation. Prepared by: Keyser Marston Associates Filename: SA In -lieu Fee_6_7_11; APP 63 -2 75B-24 Page 7 of 7 (ROH - 11/07/11) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE ADDING HOUSING OPPORTUNITY STANDARDS AND PROCEDURES TO ENCOURAGE THE DEVELOPMENT OF HOUSING THAT IS AFFORDABLE TO A RANGE OF HOUSEHOLDS WITH VARYING INCOME LEVELS 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 is initiating a request to create a Housing Opportunity Ordinance to ensure that future residential development projects contribute to the attainment of the affordable housing goals set forth in the Housing Element of the City's General Plan. B. The Housing Element of the General Plan identifies the long range plans for housing throughout the city. The Element further identifies a vision, goals, policies and programs to address housing issues within the city. The Housing Opportunity Ordinance helps to implement a component of the Housing Element assisting to play an active role in the provision of affordable housing within the City of Santa Ana. C. Each city in California is required to adopt and implement a Housing Element as part of its General Plan. The Housing Element must be updated every eight years and it must establish goals and policies to ensure that regional housing needs can be met. Chief among satisfying future housing projections is the need to provide for housing that is affordable to people who make less than, or only slightly more than, the county median income. Housing that meets this criteria is referred to "affordable housing." The current median income for a family of four in Orange County is $87,200. While the City is not required to build affordable housing, it must show that adequate development sites are available for the production of such housing and it must show evidence of policies that support the production of affordable housing. 75B -25 D. The State establishes target housing production goals for each city to meet through the Regional Housing Needs Assessment or RHNA. For the 2006 -2014 planning period the City of Santa Ana's RHNA target is 3,393 units. This number is based on regional population growth estimates and each city is allotted a portion. In addition, the State establishes the number of units within a range of income categories which must be provided. For Santa Ana 1,932 of the 3,393 units should be constructed within the moderate, low, very low and extremely low income categories. The proposed ordinance is intended to assist the City in meeting a portion of the RHNA requirement. E. In 2009, the City adopted the General Plan Housing Element for the 2006 -2014 update cycle. This updated Housing Element was also certified by the State Department of Housing and Community Development making the City of Santa Ana compliant with State housing law. The Element establishes a policy framework upon which goals and implementation measures are based. The overarching policy statement, as adopted by the City Council, states: "Santa Ana residents have an equal right and opportunity to find suitable housing in quality residential neighborhoods that allow themselves, their families, and neighbors to live the fullest lives. We support an inclusive community that is multigenerational, culturally diverse, sustainable, and economically broad. The City will facilitate the production, rehabilitation, and improvement of rental and homeownership opportunities at different affordability levels." F. Following from the policy statement the Housing Element then establishes four key issue areas: Housing and Neighborhoods, Housing Supply and Diversity, Housing Assistance, and Special Needs. Each of these key issue areas then has goals and policies in order to implement the Housing Element. The creation of affordable housing is a recurring theme throughout each of these key issue areas and is supported through the policy statements and goals (HE -2.3, HE -2.6, HE -2.8, HE -3.1, HE -3.2, HE -3.3, HE -3.5, HE -3.7, HE -4.1, HE -4.2). G. Following the establishment of the goals and policies the City must also show specific implementation measures, as well as an estimated time deadline for their completion. The City must also produce an annual report detailing the progress on each of these implementation measures, which must be submitted to the State Department of Housing and Community Development. Implementation Measure No. 25 of the Housing Element lists a number of Affordable Housing Incentives, including the potential for the establishment of an inclusionary housing ordinance in order to Ordinance No. NS -XXX 756 -26 Page 2 of 17 create new affordable housing. Inclusionary housing ordinances are tools used by cities to ensure that a certain percentage of new housing developments are available at affordable levels. This requirement can generally be met through the inclusion of such units within the project itself, rehabilitation or construction of units off site, or through the payment of an in -lieu fee. The units are covenanted to ensure that they remain affordable over time. As of 2007 nearly one -third of California jurisdictions had adopted inclusionary housing programs. At the time that the Housing Element was drafted it was recommended that the feasibility of an inclusionary housing ordinance should be studied and implemented within the 2006 -2014 framework. H. On June 7, 2010, several months prior to the adoption of the Housing Element, the City Council adopted the Transit Zoning Code. As part of this action the City Council directed staff to begin a process to draft an inclusionary housing ordinance for those properties within the M1 and M2 Industrial Overlay Zones of the Transit Zoning Code. This direction was given, in part, to address the community's concerns about the provision of affordable housing within re -zoned areas of the Transit Zoning Code, as well as to implement the City's Housing Element and address State Redevelopment Law. State law requires that when new housing is constructed within redevelopment project areas there must also be affordable housing constructed that equals 15% of the total number of units constructed within the project area (Health and Safety Code, Section 33413). Due to the fact that significant areas within the Transit Zoning Code formerly zoned as Industrial now have the ability to convert to mixed -use residential development at the property owners' discretion, the potential exists for a substantial number of new units to be constructed within these Overlay Zone areas. As the majority of these areas are located within redevelopment project areas (Central City, Inter City, North Harbor, Bristol and South Main) new residential development would trigger the requirement for new affordable housing development pursuant to state law. If this new development is not included within the projects themselves, the Redevelopment Agency would be responsible for funding and constructing such housing. The only available funding source for this housing construction would be affordable housing set -aside monies. Given the uncertainty of the availability of these funds over the long term, the burden of the funding of new affordable housing construction could fall to other funding sources, such as the City's general fund. It is therefore necessary to ensure that the 15% affordability requirement be Ordinance No. NS -XXX 75B -27 Page 3 of 17 captured within the new development themselves and the Housing Opportunity Ordinance would enable the City to meet this mandate. J. Following the adoption of the Transit Zoning Code the City was awarded a Compass Blueprint Grant from the Southern California Association of Governments (SCAG) to study new development opportunities for the Harbor Boulevard Corridor that would improve access to housing served by transit, as well as to further various state and regional sustainability goals. This project was also embarked upon in furtherance of the Housing Element implementation measure to re -zone areas to create the opportunity for new housing creation. The Harbor Boulevard Corridor was specifically identified in the Housing Element as an opportunity area due to the availability of large underutilized and sometimes vacant parcels of land and its use as a major transit corridor (Housing Implementation Program 16). The outcome of the Harbor Boulevard Corridor Study will also result in the adoption of new zoning that will allow for the construction of new housing on property that currently has commercial zoning. Similar to the Transit Zoning Code M1 and M2 Industrial Overlay Zones, Harbor Boulevard corridor identified in the Housing Element is located within a redevelopment project area, North Harbor. The production of new housing in this area would also trigger the 15% affordable housing redevelopment requirement. With this in mind, as well as looking to the future, staff recommended that the Housing Opportunity Ordinance be developed on a city -wide basis. K. The draft ordinance was developed with the input of a variety of stakeholders and interest groups. The draft ordinance, entitled the Housing Opportunity Ordinance, was presented to the City Council during a study session held on January 18, 2011. At that meeting the City Council directed staff to complete the draft document and begin the public hearing adoption process. Section 2. Section 41 -1900 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Article XIX - Housing Opportunity Ordinance Sec. 41 -1900. Purpose This Article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this Article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within developments that involve an increase in the density otherwise available under Ordinance No. NS -XXX 75B -28 Page 4 of 17 applicable zoning and development standards; a change in land use designation from a zoning regulation that does not permit residential uses to one that does permit residential uses; or the conversion of rental units to condominium ownership. Section 3. Section 41 -1901 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41 -1901. Definitions As used in this Article, the following terms shall have the following meanings: "Adjusted for Household Size Appropriate for the Unit" means a household of one person in the case of a studio unit, two persons in the case of a one - bedroom unit, three persons in the case of a two- bedroom unit, four persons in the case of a three - bedroom unit, and five persons in the case of a four - bedroom unit. "Affordable Housing Cost" means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows, in accordance with Sections 50052.5 and 50053 of the Health & Safety Code: Very Low - Income Households. Thirty percent of the income of a household earning 50 percent of the Orange County median income adjusted for family size appropriate for the unit. Low - Income Households. Thirty percent of the income of a household earning 70 percent of the Orange County median income for for -sale units, and 30 percent of the income of a household earning 60 percent of the Orange County median income for rental units, adjusted in either case for family size appropriate for the unit. Moderate Income Households. Thirty -five percent of the income of a household earning 110 percent of the Orange County median income for for - sale units, and 30 percent of the income of a household earning 110 percent of the Orange County median income for rental units, adjusted in either case for family size appropriate for the unit. In the event of a conflict between the fractions specified in this definition and those found in Sections 50052.5 and 50053 of the Health & Safety Code, the fractions specified by State law shall control. "Developer" means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks City approval for all or part of a Residential Project. Ordinance No. NS -XXX 75B -29 Page 5 of 17 "Executive Director" means the Executive Director of Community Development for the City of Santa Ana. "Inclusionary Housing Agreement" means a legally binding agreement between the Developer and the City, in a form and substance satisfactory to the Executive Director and the City Attorney, and containing those provisions necessary to ensure that the requirements of this Article are satisfied, whether through the provision of Inclusionary Units or through an approved alternative method. "Inclusionary Housing Fund" means the fund created by the City of Santa Ana in which all fees collected in compliance with this Article shall be deposited. "Inclusionary Housing Plan" means the plan submitted by the Developer, in a form specified by the Executive Director, detailing how the provisions of this Article will be implemented for the proposed Residential Project. "Inclusionary Unit" means a dwelling unit that will be offered for sale or rent to low or Moderate - Income Households, at an affordable housing cost, in compliance with this Article. "Low- Income Households" means "lower income households" as that term is defined by Section 50079.5 of the Health & Safety Code. "Low- Income Units, Moderate - Income Units, and Very Low - Income Units" means Inclusionary Units restricted to occupancy by low, moderate, or Very Low - Income Households, respectively, at an affordable housing cost. "Market Rate Units" means dwelling units in a Residential Project that are not Inclusionary Units. "Moderate- Income Households" means "persons and families of low or moderate income" as that term is defined by Section 50093 of the Health & Safety Code. "Administrative Procedures" means those regulations promulgated by the Executive Director pursuant to Section 41 -1910 of this Article. "Regulatory Agreement" means an agreement entered into between the City of Santa Ana or the Santa Ana Community Redevelopment Agency and a Developer by which the Developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. "Residential Project" means any of the following: A subdivision resulting in the creation of 5 or more residential lots or residential condominium units; or Ordinance No. NS -XXX 756_30 Page 6 of 17 The new construction of a project consisting of 5 or more multi - family units; or The new construction of 5 or more separate houses or dwelling units; or The conversion of 5 or more rental units to condominium ownership. "Total Housing Costs" the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments. "Very Low - Income Households" means "very low income households" as that term is defined by Section 50105 of the Health & Safety Code. Section 4. Section 41 -1902 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41 -1902. Applicability and Inclusionary Unit Requirements (a) Zone Changes. The requirements of this Article shall apply to any Residential Project located within a zone that has been changed to allow for residential uses where such uses were not previously allowed, or where the zone change allows an increase to the existing residential density permitted by the zoning in place as of the effective date of this ordinance. (b) Applications. The requirements of this Article shall apply to any Residential Project proposed in connection with an application to do any of the following: (1) Increase the permitted residential density of the subject property above the density permitted by applicable zoning at the time of the application. (2) Increase the permitted percentage of residential development allowed for a mixed -use development above the percentage at the time of the application. (3) Convert commercial or industrial land to residential uses; including, but not limited to, the conversion of a hotel to residential use. (4) Approval of an overlay zone site plan permitting residential land uses pursuant to Division 28 of this Chapter. Ordinance No. NS -XXX 75B -31 Page 7 of 17 (5) Convert rental units to condominium ownership. (c) Units for sale. If the Residential Project consists of units for sale, then a minimum of 15- percent of the total number of units in the project shall be sold to Moderate - Income Households, or lower. (d) Rental units. If the Residential Project consists of rental units, then a minimum of 15- percent of the units shall be rented to low or Very Low - Income Households. (e) Allowable credits. The Inclusionary Unit requirements of this Section may be reduced at the discretion of the Executive Director if a greater level of affordability is provided. (f) Rounding of quantities in calculations. In calculating the required number of Inclusionary Units, fractional units shall be rounded -up to the next whole unit. The Developer may choose to pay an in -lieu fee set forth in Section 41- 1904(c) for the fractional units, which shall be calculated based on a percentage of the per unit cost. (g) Displacement of existing Inclusionary Units. Notwithstanding any other provision of this Article, any Residential Project subject to this Article that results in the displacement of Very Low, Low, and /or Moderate Income Household(s) shall be required to provide on -site Inclusionary Units as required by this Article. (h) All Inclusionary Units required by this Article shall be sold or rented in compliance with this Article. Section 5. Section 41 -1903 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41 -1903. Exempt projects The following are exempt from the requirements of this Article: (a) Applications deemed complete. A Residential Project for which a development application has been deemed complete prior to b) Development Agreements. A Residential Project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this Article or provides for a different amount of Inclusionary Units from that specified by this Article. Ordinance No. NS -XXX 756 -32 Page 8 of 17 (c) Project with Regulatory Agreement. A Residential Project for which a Regulatory Agreement has been approved, provided that the Regulatory Agreement is effective at the time the Residential Project would otherwise be required to comply with the requirements of this Article, and there is no uncured breach of the Regulatory Agreement before issuance of a Certificate of Occupancy for the project. This may include a Residential Project that has obtained a Density Bonus under Article XVI.I of the Santa Ana Municipal Code. Section 6. Section 41 -1904 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41 -1904. Alternatives (a) On site units. The primary means of complying with the inclusionary requirements of this Article shall be the provision of on -site Inclusionary Units in accordance with Section 41 -1901, above. A Developer may only satisfy the requirements of this Article by means of an alternative to on -site Inclusionary Units in accordance with the requirements and procedures of this Section. (b) Off -site units. Upon application by the Developer and at the discretion of the City Council, the Developer may satisfy the Inclusionary Unit requirements for the project, in whole or in part, by substantially rehabilitating existing rental units. For purposes of providing off -site units, substantially rehabilitating means rehabilitating a dwelling unit that has substantial building and other code violations, and has been vacant for at least 90 days, such that the unit is returned to the City's housing supply as decent, safe and sanitary housing, and the cost of the work exceeds twenty -five percent of the market value of the unit after rehabilitation. The number of substantially rehabilitated units that will be required under the off -site unit provision will be determined based on a calculation of the affordability gap associated with on -site provision of the units. This affordability gap will then be translated into the number of off -site units that can be produced at a financial gap equal to the affordability gap associated with on -site provision of the units. (c) In -lieu fee. (1) 20 or fewer units. In the case of a Residential Project containing between 5 and 20 residential lots or residential units, the Developer may elect to satisfy the Inclusionary Unit requirements for the project, in whole or in part, by payment of a fee in lieu of constructing some or all of the required units. Ordinance No. NS -XXX 758 -33 Page 9 of 17 (2) More than 20 units. In the case of a Residential Project comprised of more than 20 residential lots or residential units, the Developer may apply to pay a fee in lieu of constructing some or all of the required units, and such application shall be subject to the review and approval of the City Council, which may grant such the Developer's request if substantial evidence supports a finding that the cost of providing Inclusionary Units on -site would substantially exceed the amount of the applicable in -lieu fee. (3) Calculation of fee. The amount of the fees allowed by this Section shall be calculated in accordance with the methodology to be set forth in the Administrative Procedures. The calculation methodology is based on the affordability gap associated with fulfilling the required affordable housing units on site within the proposed Residential Project. (4) Timing of payment. The Developer shall pay any in -lieu fees allowed by this Section in full before issuance of a Building Permit for any portion of the Residential Project, including any non - residential portions of a mixed -use development. (5) Inclusionary Housing Fund. Fees collected in compliance with this Section shall be deposited in the Inclusionary Housing Fund. Section 7. Section 41 -1905 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41 -1905. Housing Plan and Housing Agreement (a) Submittal and execution. The Developer shall comply with the following requirements. (1) Inclusionary Housing Plan. The Developer shall submit an Inclusionary Housing Plan, in a form specified by the Executive Director, detailing how the provisions of this Article will be implemented for the proposed Residential Project. If the inclusionary housing plan includes alternatives to on -site units that require the approval of the City Council, then the Inclusionary Housing Plan shall be subject to the review and approval of the City Council. All other Inclusionary Housing Plans shall be subject to the approval of the Executive Director, subject to appeal to the City Council. Any such appeal shall be filed within fifteen (15) days of the decision of the Executive Director. (2) Inclusionary Housing Agreement. The Developer shall execute and cause to be recorded an Inclusionary Housing Agreement. The Ordinance No. NS -XXX 756 -34 Page 10 of 17 Inclusionary Housing Agreement shall be a legally binding agreement between the Developer and the City, in a form and substance satisfactory to the Executive Director and the City Attorney, and containing those provisions necessary to ensure that the requirements of this Article are satisfied, whether through the provision of Inclusionary Units or through an approved alternative method. (b) Discretionary approvals. No discretionary approval shall be issued for a Residential Project subject to this Article until the Developer has submitted an Inclusionary Housing Plan. (c) Issuance of Building Permit. No Building Permit shall be issued for a Residential Project subject to this Article unless the Executive Director has approved the Inclusionary Housing Plan, and any required inclusionary Housing Agreement has been recorded. (d) Issuance of Certificate of Occupancy. A Certificate of Occupancy shall not be issued for a Residential Project subject to this Article unless the approved Inclusionary Housing Plan has been fully implemented. Section 8. Section 41 -1906 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41 -1906. Standards (a) Location within project, relationship to non - Inclusionary Units. All Inclusionary Units shall be: (1) Reasonably dispersed throughout the Residential Project; (2) Proportional, in number of bedrooms, and location, to the market rate units; (3) Comparable to the market rate units included in the Residential Project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All Inclusionary Units in a Residential Project shall be constructed concurrent with, or before the construction of the market rate units. If the City approves a phased project, a proportional share of the required Inclusionary Units shall be provided within each phase of the Residential Project. Ordinance No. NS -XXX 758 -35 Page 11 of 17 (c) (d) Units for sale. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of 45 years. (2) Certification of purchasers. The Developer and all subsequent owners of an Inclusionary Unit offered for sale shall certify, on a form provided by the City, the income of the purchaser. (3) Resale price control. In order to maintain the availability of inclusionary units required by this Article, the resale price of an owner occupied Inclusionary Unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable Affordable Housing Cost. (4) Inheritance of Inclusionary Units. Upon the death of an owner of an owner - occupied Inclusionary Unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household.) (5) Forfeiture. If an Inclusionary Unit for sale is sold for an amount in excess of the resale price controls required by this Section, the buyer and the seller shall be jointly and severally liable to the City for the entire purchase price of the unit. Recovered funds shall be deposited into the Inclusionary Housing Fund. Notwithstanding the foregoing, it shall be within the discretion of the Executive Director to allow the buyer and seller to cure any violation of the resale price controls within 180 days. Rental units. (1) Time limit for inclusionary restrictions. A rental unit shall remain restricted to the target income level group at the applicable affordable housing cost for 55 years. (2) Certification of renters. The owner of any rental Inclusionary Units shall certify, on a form provided by the City, the income of all members of the household above the age of 18 at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an Inclusionary Unit in violation of this Article shall be required to forfeit to the City all money so Ordinance No. NS -XXX 758 -36 Page 12 of 17 obtained. Recovered funds shall be deposited into the Inclusionary Housing Fund. (e) The Executive Director may require the execution and recording of whatever documents are required to ensure enforcement of this Section; including but not limited to promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and /or other documents, which shall be recorded against all Inclusionary Units. (f) General Prohibitions. (1) No person shall sell or rent an Inclusionary Unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this Article. (2) No person shall sell or rent an Inclusionary Unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this Article. (3) No person shall provide false or materially incomplete information to the City or to a seller or lessor of an Inclusionary Unit to obtain occupancy of housing for which that person is not eligible. (g) Principal Residency Requirement. (1) The owner or lessee of an Inclusionary Unit shall reside in the unit for not less than ten out of every twelve months. (2) No owner or lessee of an Inclusionary Unit shall lease or sublease, as applicable, an Inclusionary Unit without the prior permission of the Executive Director. Section 9. Section 41 -1907 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41 -1907. Takings Determination (a) Determination of a taking of property without just compensation. In accordance with the procedures provided by this Section, a Developer may request a determination as to whether the requirements of this Article, taken together with the inclusionary incentives as applied to the Residential Project, would constitute a taking of property without just compensation under the California or Federal Constitutions. (1) The Developer may request the Executive Director to make a takings determination within fifteen (15) days of approval or disapproval of Ordinance No. NS -XXX 75B -37 Page 13 of 17 the Inclusionary Housing Plan. The Developer may file an appeal of the takings determination of the Executive Director within fifteen (15) calendar days after the date of the decision. Any appeal shall be subject to the provisions of Chapter III of the Santa Ana Municipal Code. (b) Presumption of facts. In making the takings determination, the Executive Director, shall presume each of the following facts: (1) Application of requirements. Application of the inclusionary housing requirement to the Residential Project; (2) Incentives. Application and utilization of all density bonuses and incentives available under State and local law; (3) Product type. Utilization of the most cost - efficient product type for the Inclusionary Units that would meet the standards of this Article; and (4) External funding. The reasonable availability of external funding. (c) Modifications to reduce obligations. If it is determined that the application of the provisions of this Article would be a taking, the Inclusionary Housing Plan shall be modified to reduce the obligations in the inclusionary housing component to the extent, and only to the extent necessary, to avoid a taking. If it is determined no taking would occur through application of this Article to the Residential Project, the requirements of this Article remain applicable. Section 10. Section 41 -1908 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41 -1908. Enforcement (a) Any violation of this Article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells or rents an Inclusionary Unit in violation of this Article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the Inclusionary Housing Fund. (c) Legal actions. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Article, including actions: (1) To disapprove, revoke, or suspend any permit, including a Building Permit, Certificate of Occupancy, or discretionary approval; and (2) For injunctive relief or damages. Ordinance No. NS -XXX 75B -38 Page 14 of 17 (d) Recovery of costs. In any action to enforce this Article, or an Inclusionary Housing Agreement recorded hereunder, the City shall be entitled to recover its reasonable attorney's fees and costs. Section 11. Section 41 -1909 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41 -1909. Inclusionary Housing Fund (a) Inclusionary Housing Fund. There is hereby established a separate fund of the City, to be known as the Inclusionary Housing Fund. All monies collected pursuant to this Article shall be deposited in the Inclusionary Housing Fund. Additional monies from other sources may be deposited in the Inclusionary Housing Fund. The monies deposited in the Inclusionary Housing Fund shall be subject to the following conditions: (1) Monies deposited into the Inclusionary Housing Fund must be used to increase and improve the supply of housing affordable to Moderate, Low and Very Low Income Households in the City. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this Article. (2) The fund shall be administered by the Executive Director, or his or her designee, who may develop procedures to implement the purposes of the Inclusionary Housing Fund consistent with the requirements of this Article and any adopted budget of the City. (3) Monies deposited in accordance with this Section shall be used in accordance with the City's Housing Element, Redevelopment Plan, Consolidated Plan, or subsequent plan adopted by the City Council to construct, rehabilitate, or subsidize affordable housing or assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre - home ownership co- investment, pre - development loan funds, participation leases, or other public - private partnership arrangements. The Inclusionary Housing Fund may be used for the benefit of both rental and owner - occupied housing. Section 12. Section 41 -1910 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Ordinance No. NS -XXX 758 -39 Page 15 of 17 Sec. 41 -1910. Administrative (a) Fees. The Council may by resolution establish reasonable fees and deposits for the administration of this Article. (b) Administrative Procedures. The City Manager is hereby authorized and directed to promulgate Administrative Procedures for the implementation of this Article. Section 13. 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 APPROVED AS TO FORM: Joseph Straka, City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2011 Miguel A. Pulido Mayor Ordinance No. NS -XXX 756_40 Page 16 of 17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 75B -41 Page 17 of 17 75B -42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AND BILLBOARD AT 410 NORTH BRISTOL STREET (APN 405 - 064 -15) (PROJECT 081700) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property and a billboard located at 410 North Bristol Street (APN 405 - 064 -15) and declaring the public necessity and interest therefore. 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 Warner Avenue to Seventeenth Street. The second phase of the project, between Third and Civic Center, is in the final design phase and construction is expected to start in summer 2012. Improvements include widening Bristol from two to three lanes in each direction. These improvements will result in improved traffic flow and level of service. Other benefits of the project include the addition of landscaped medians and parkways, and the construction of a new storm drain system. To accommodate these improvements, property acquisition of the entire parcel at 410 North Bristol Street (Exhibit 1) is required. Additionally, a billboard located on this site will also need to be removed. The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives of the real property and the billboard for the past 23 months and 19 months respectively. A good faith offer was made to the real property owner on September 13, 2011 in the amount of $727,255. Additionally, a good faith offer was made to the billboard sign owner on March 2, 2010 in the amount of $24,862. The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owners and sign owners. Although negotiations will continue, staff is requesting adoption of the resolution of necessity and initiation of condemnation proceedings in order to maintain the Bristol Street widening project schedule and to commence construction in summer of 2012. 75C -1 Public Hearing - Resolution Authorizing Condemnation of Real Property and Billboard at 410 North Bristol Street (APN 405 - 064 -15) November 7, 2011 Page 2 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 OCTA Bristol Street Corridor Improvements Fund (accounting unit 05917661- 66100, project 081700). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Direct r Executive Director Public Works Agency Finance & Management Services Agency RG /JG Exhibit: 1. Location Map 2. Resolution of Necessity 75C -2 FIFTH SANTA ANA LEGEND SUBJECT PROPORTIES BILLBOARD EXHIBIT I Lo J O cn Ir m STREET Nq BOULEVARD SANTA ANA CITY COUNCIL TITLE. PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION �, AGENDA DATE OF REAL PROPERTIES AND PuBIIC WORKS GE"NOVEMBER 17. 201 BILLBOARD AT 410 N. BRISTOL STREET PROJECT N0. (081700) 75C -4 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 410 N. BRISTOL STREET (APN 405 - 064 -15); AND OUTDOOR POSTER PANEL (FACE # 003979 & 003980) LOCATED AT 410 N. BRISTOL STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana on November 7, 2011, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Resolution No. 2011- xxx Page 1 of 6 75C -5 Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89.01 and all subsequent addenda. 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. 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. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of that certain real property located at 410 N. BRISTOL STREET (APN 405 - 064 -15) in the City of Santa Ana, California, including the OUTDOOR POSTER PANEL (FACE # 003979 & 003980) LOCATED AT 410 N. BRISTOL STREET ( "the "Property "). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" and "B" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 3 above for the purposes of the Bristol Street Widening Project ( "the Project ") and related improvements. The location of the Project is between Third Street and Civic Center Drive for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as described in Section 3 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code § 41 -781; California Code of Civil Procedure Resolution No. 2011- xxx Page 2 of 6 75C -6 section 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution and California Government Code sections 37350.5 and 40404, California Streets and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. Section 6. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Real Property on or about September 13, 2011 and for the Poster Panel on November 11, 2010. Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property described in Section 3 above. Section 8. That if any of the Property described in Section 3 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property described in Section 3 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 3 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 12. 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 75C -7 4111§1 Miguel A. Pulido Mayor Resolution No. 2011- xxx Page 3 of 6 APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2011- xxx Page 4 of 6 Clerk of the Council City of Santa Ana 75C -8 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THE EAST 45 FEET OF LOT 15 IN BLOCK A OF GOLDSMITH'S ADDITION TO THE TOWN OF SANTA ANA, IN THE CITY SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 31, PAGE 23, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 2: LOTS 16, 17 AND 18 IN BLOCK A GOLDSMITH'S ADDITION TO THE TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY ORE ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31, PAGE 23 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 405 - 064 -15 75C -9 Resolution No. 2011- xxx Page 5 of 6 75C -10 F � t �' i ;7 .h�; � • 4i+ �� r S,N ��xt�{ ..; �✓ i� v��f {�?.'.' I G '1 �1 � :�••rt' i 6>_ 3i i t rL�r '. c v. � ♦. i'91, {T, ljj'1.1. �g �'b�� 4 i^� :.� _a r " i- i � ' Z �, §� � ryti YK iV5 {>• }'`7r C !r k 7 r`1rY'j'� .a: - i..:,1 r ,-: � i c;+. -��• 1�4�`?'.•�;'r ; -'fit; .?` ti r t 9 r�T Y� � •iih'�b`.rxo Wes' LG i Y# ,r� Jt � Z-S;''' w. l ..�' r 75C -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 610 — 612 NORTH BRISTOL STREET (APN 405- 073-16) (PROJECT 081700) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 610 — 612 North Bristol Street (APN 405 - 073 -16) and declaring the public necessity and interest therefore. 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 Warner Avenue to Seventeenth Street. The second phase of the project, between Third and Civic Center, is in the final design phase and construction is expected to start in summer 2012. Improvements include widening Bristol from two to three lanes in each direction. These improvements will result in improved traffic flow and level of service. Other benefits of the project include the addition of landscaped medians and parkways, and the construction of a new storm drain system. To accommodate these improvements, property acquisition of the entire parcel at 610 — 612 North Bristol Street (Exhibit 1) is required. The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 22 months. A good faith offer was made to the property owner on September 13, 2011 in the amount of $300,000. The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owners. Although negotiations will continue, staff is requesting adoption of the resolution of necessity and initiation of condemnation proceedings in order to maintain the Bristol Street widening project schedule and to commence construction in summer of 2012. 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. 7501-1 Public Hearing - Resolution Authorizing Condemnation of Real Property at 610 — 612 North Bristol Street (APN 405 - 073 -16) November 7, 2011 Page 2 FISCAL IMPACT Funds are appropriated in the OCTA Bristol Street Corridor Improvements Fund (accounting unit 05917661- 66100, project 081700). Raul Godinez II Executive Director Public Works Agency RG /J G Exhibit: 1. Location Map 2. Resolution of Necessity APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director / 17 Finance & Management Services Agency 75D -2 SEVENTH STREET SIXTH LEGEND SUBJECT PROPORTIES EXHIBIT I co J O cr- m STREET SANTA ANA CITY COUNCIL TITLE. PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION AGENDA DATE OF REAL PROPERTY UBLIC.RKS AGENONOVEMBER 17. 201 AT 610 -612 N. BRISTOL STREET PROJECT NO. (081700) i 75D -4 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 610 -612 N. BRISTOL STREET (APN 405 -073- 16) 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 on November 7, 2011, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Resolution No. 2011- xxx Page 1 of 5 75D -5 Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89.01 and all subsequent addenda. 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. 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. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of that certain real property located at 610 -612 N. BRISTOL STREET (APN 405 - 073 -16) in the City of Santa Ana, California ( "the "Property "). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 3 above for the purposes of the Bristol Street Widening Project ( "the Project ") and related improvements. The location of the Project is between Third Street and Civic Center Drive for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as described in Section 3 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code § 41 -781; California Code of Civil Procedure section 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution and California Government Code sections 37350.5 and 40404, California Streets Resolution No. 2011- xxx Page 2 of 5 75D -6 and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. Section 6. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Property on or about September 13, 2011. Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property described in Section 3 above. Section 8. That if any of the Property described in Section 3 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property described in Section 3 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 3 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 12. 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 75D -7 2011. Miguel A. Pulido Mayor Resolution No. 2 011 - xxx Page 3 of 5 APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney In Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2011- xxx Page 4 of 5 Clerk of the Council City of Santa Ana EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOT 9 OF TRACT NO. 1152, AS SHOWN ON A MAP RECORDED IN BOOK 38, PAGE 9, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. APN: 405 - 073 -16 75D -9 Resolution No. 2011- xxx Page 5 of 5 75D -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1255 WEST SIXTH STREET (APN 405 - 081 -22) (PROJECT 081700) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 1255 West Sixth Street (APN 405 - 081 -22) and declaring the public necessity and interest therefore. 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 Warner Avenue to Seventeenth Street. The second phase of the project, between Third and Civic Center, is in the final design phase and construction is expected to start in summer 2012. Improvements include widening Bristol from two to three lanes in each direction. These improvements will result in improved traffic flow and level of service. Other benefits of the project include the addition of landscaped medians and parkways, and the construction of a new storm drain system. To accommodate these improvements, property acquisition of the entire parcel at 1255 West Sixth Street (Exhibit 1) is required. The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 19 months. A good faith offer was made to the property owner on September 13, 2011 in the amount of $175,000. The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owners. Although negotiations will continue, staff is requesting adoption of the resolution of necessity and initiation of condemnation proceedings in order to maintain the Bristol Street widening project schedule and to commence construction in summer of 2012. 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. 75E -1 Public Hearing - Resolution Authorizing Condemnation of Real Property at 1255 West Sixth Street (APN 405 - 081 -22) November 7, 2011 Page 2 FISCAL IMPACT Funds are appropriated in the OCTA Bristol Street Corridor Improvements Fund (accounting unit 05917661- 66100, project 081700). Raul Godinez II Executive Direct Public Works Agency RG /J G Exhibit: 1. Location Map 2. Resolution of Necessity APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75E -2 75E -3 75E -4 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1255 W. 6th STREET (APN 405 - 081 -22) 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 on November 7, 2011, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. EXHIBIT 2 Resolution No. 2011- xxx Page 1 of 5 75E -5 Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89.01 and all subsequent addenda. 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. 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. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of that certain real property located at 1255 W. 6th STREET (APN 405 - 081 -22) in the City of Santa Ana, California ( "the "Property "). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 3 above for the purposes of the Bristol Street Widening Project ( "the Project ") and related improvements. The location of the Project is between Third Street and Civic Center Drive for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as described in Section 3 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code § 41 -781; California Code of Civil Procedure section 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution and California Government Code sections 37350.5 and 40404, California Streets Resolution No. 2011- xxx Page 2 of 5 75E -6 and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. Section 6. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Property on or about September 13, 2011. Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property described in Section 3 above. Section 8. That if any of the Property described in Section 3 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property described in Section 3 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 3 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 12. 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 75E -7 , 2011. Miguel A. Pulido Mayor Resolution No. 2011- xxx Page 3 of 5 APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney in Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2011- xxx Page 4 of 5 Clerk of the Council City of Santa Ana 75E -8 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: THE WEST 50 FEET OF LOT 27 OF TRACT NO. 474 COCHEMS WEST SIXTH STREET ADDITION, AS SHOWN ON A MAP RECORDED, IN BOOK 17, PAGE 18 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. APN: 405 - 081 -22 75E -9 Resolution No. 2011- xxx Page 5 of 5 75E -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF A BILLBOARD AT 306 NORTH BRISTOL STREET (PROJECT 081700) i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 1W13i7101 ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of a billboard located at 306 North Bristol Street and declaring the public necessity and interest therefore. 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 Warner Avenue to Seventeenth Street. The second phase of the project, between Third and Civic Center, is in the final design phase and construction is expected to start in summer 2012. Improvements include widening Bristol from two to three lanes in each direction. These improvements will result in improved traffic flow and level of service. Other benefits of the project include the addition of landscaped medians and parkways, and the construction of a new storm drain system. To accommodate these improvements, removal of the billboard located at 306 North Bristol Street (Exhibit 1) is required. The Public Works Agency has made a diligent effort to negotiate with the sign owners and their representatives for the past 11 months. A good faith offer was made to the sign owner on November 19, 2010, in the amount of $20,021. The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the sign owners. Although negotiations will continue, staff is requesting adoption of the resolution of necessity and initiation of condemnation proceedings in order to maintain the Bristol Street widening project schedule and to commence construction in summer of 2012. 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. 75F -1 Public Hearing - Resolution Authorizing Condemnation of a Billboard at 306 North Bristol Street November 7, 2011 Page 2 FISCAL IMPACT Funds are appropriated in the OCTA Bristol Street Corridor Improvements Fund (accounting unit 05917661- 66100, project 081700). Raul Godinez II Executive Director Public Works Agency RG /JG Exhibit: 1. Location Map 2. Resolution of Necessity APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 1�r3 Finance & Management Services Agency 75F -2 75F -4 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF OUTDOOR POSTER PANEL (FACE # 2668) LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 306 N. BRISTOL STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana on November 7, 2011, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. EXHIBIT 2 Resolution No. 2 011 - xxx Page 1 of 5 75F -5 Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89.01 and all subsequent addenda. 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. 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. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of that certain OUTDOOR POSTER PANEL (FACE # 2668) located at 306 N. BRISTOL STREET in the City of Santa Ana, California ( "the "Property "). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 3 above for the purposes of the Bristol Street Widening Project ( "the Project ") and related improvements. The location of the Project is between Third Street and Civic Center Drive for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as described in Section 3 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code § 41 -781; California Code of Civil Procedure section 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution and California Government Code sections 37350.5 and 40404, California Streets Resolution No. 2011- xxx Page 2 of 5 75F -6 and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. Section 6. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Property on or about November 19, 2010. Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property described in Section 3 above. Section 8. That if any of the Property described in Section 3 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property described in Section 3 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 3 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 12. 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 75F -7 U1101 Miguel A. Pulido Mayor Resolution No. 2011- xxx Page 3 of 5 APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2011- xxx Page 4 of 5 Clerk of the Council City of Santa Ana 75F -8 die ,a' HC3mr= or UiuANIGE -S UO 4$�d t:pq °AVM, r <Sv iT'3a1�tV .�� i�F' 75F -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF A BILLBOARD AT 411 NORTH BRISTOL STREET (PROJECT 081700) r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of a billboard located at 411 North Bristol Street and declaring the public necessity and interest therefore. 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 Warner Avenue to Seventeenth Street. The second phase of the project, between Third and Civic Center, is in the final design phase and construction is expected to start in summer 2012. Improvements include widening Bristol from two to three lanes in each direction. These improvements will result in improved traffic flow and level of service. Other benefits of the project include the addition of landscaped medians and parkways, and the construction of a new storm drain system. To accommodate these improvements, removal of the billboard located at 411 North Bristol Street (Exhibit 1) is required. The Public Works Agency has made a diligent effort to negotiate with the sign owners and their representatives for the past 19 months. A good faith offer was made to the sign owner on March 2, 2010, in the amount of $24,862. The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the sign owners. Although negotiations will continue, staff is requesting adoption of the resolution of necessity and initiation of condemnation proceedings in order to maintain the Bristol Street widening project schedule and to commence construction in summer of 2012. 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. 75G -1 Public Hearing - Resolution Authorizing Condemnation of a Billboard at 411 North Bristol Street November 7, 2011 Page 2 FISCAL IMPACT Funds are appropriated in the OCTA Bristol Street Corridor Improvements Fund (accounting unit 05917661- 66100, project 081700). /(" fti Raul Godinez II Executive Direct r Public Works Agency RG /JG Exhibit: 1. Location Map 2. Resolution of Necessity APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75G -2 75G -4 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF OUTDOOR POSTER PANEL (FACE # 003977 & 003978) LOCATED AT 411 N. BRISTOL STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana on November 7, 2011, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the EXHIBIT 2 Resolution No. 2 011 - xxx Page 1 of 5 75G -5 California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89.01 and all subsequent addenda. 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. 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. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of that certain OUTDOOR POSTER PANEL (FACE # 003977 & 003978) LOCATED AT 411 N. BRISTOL STREET in the City of Santa Ana, California ( "the "Property "). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 3 above for the purposes of the Bristol Street Widening Project ( "the Project ") and related improvements. The location of the Project is between Third Street and Civic Center Drive for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as described in Section 3 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code § 41 -781; California Code of Civil Procedure section 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution and California Government Code sections 37350.5 and 40404, California Streets and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. Resolution No. 2011- xxx Page 2 of 5 75G -6 Section 6. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Property on or about March 2, 2010. Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property described in Section 3 above. Section 8. That if any of the Property described in Section 3 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property described in Section 3 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 3 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 12. 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 2011. APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney Jose Sandoval Chief Assistant City Attorney 75G -7 Miguel A. Pulido Mayor Resolution No. 2011- xxx Page 3 of 5 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2011- xxx Page 4 of 5 Clerk of the Council City of Santa Ana 75G -8 0 75G -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF A BILLBOARD AT 311 NORTH BRISTOL STREET (PROJECT 081700) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on V' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of a billboard located at 311 North Bristol Street and declaring the public necessity and interest therefore. 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 Warner Avenue to Seventeenth Street. The second phase of the project, between Third and Civic Center, is in the final design phase and construction is expected to start in summer 2012. Improvements include widening Bristol from two to three lanes in each direction. These improvements will result in improved traffic flow and level of service. Other benefits of the project include the addition of landscaped medians and parkways, and the construction of a new storm drain system. To accommodate these improvements, removal of the billboard located at 311 North Bristol Street (Exhibit 1) is required. The Public Works Agency has made a diligent effort to negotiate with the sign owners and their representatives for the past 19 months. A good faith offer was made to the sign owner on March 2, 2010, in the amount of $20,021. The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the sign owners. Although negotiations will continue, staff is requesting adoption of the resolution of necessity and initiation of condemnation proceedings in order to maintain the Bristol Street widening project schedule and to commence construction in summer of 2012. 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. 75H -1 Public Hearing - Resolution Authorizing Condemnation of a Billboard at 311 North Bristol Street November 7, 2011 Page 2 FISCAL IMPACT Funds are appropriated in the OCTA Bristol Street Corridor Improvements Fund (accounting unit 05917661- 66100, project 081700). Raul Godinez 11 Executive DirectO Public Works Agency RG /JG Exhibit: 1. Location Map 2. Resolution of Necessity APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75H -2 75H -4 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF OUTDOOR POSTER PANEL (FACE # 003981) LOCATED WITHIN THE CITY OF SANTA ANA AT 311 N. BRISTOL STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana on November 7, 2011, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the EXHIBIT 2 Resolution No. 2011- xxx Page 1 of 5 75H -5 California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89.01 and all subsequent addenda. 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. 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. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of that certain OUTDOOR POSTER PANEL (FACE # 003981) LOCATED AT 311 N. BRISTOL STREET located in the City of Santa Ana, California ( "the "Property "). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 3 above for the purposes of the Bristol Street Widening Project ( "the Project ") and related improvements. The location of the Project is between Third Street and Civic Center Drive for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as described in Section 3 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code § 41 -781; California Code of Civil Procedure section 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution and California Government Code sections 37350.5 and 40404, California Streets and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. Resolution No. 2011- xxx Page 2 of 5 75H -6 Section 6. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Property on or about March 2, 2010. Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property described in Section 3 above. Section 8. That if any of the Property described in Section 3 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property described in Section 3 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Aft prepare, institute and prosecute it proper court having jurisdiction the of the interests in said Property 6 is also authorized and directed possession and occupancy of said rney is hereby authorized and directed to the name of the City such proceedings, in the reof, as may be necessary for the acquisition scribed in Section 3 above. The City Attorney to obtain a necessary order of immediate Property, at the discretion of the City Attorney. Section 12. 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 75H -7 2011. Miguel A. Pulido Mayor Resolution No. 2011- xxx Page 3 of 5 APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney By: Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2011- xxx Page 4 of 5 Clerk of the Council City of Santa Ana W:11967 Rl o -1" {LJ,Rly rJ. .. {,' 4 t h t •tt�. �� , �4� ��'�` ifl - +1 .� -Y �yi.�ls C`'E.r � '� { 7 . • k ,r5 1J.gY.Y�,7 A �I• FFF�AF' t7 1 w � ,Y I "FCar:, t� ,•,s - I � A i"Y Jn i� ♦ i-A 4�4�xxi' -.` r,� i fy � t�f ti. 7J�rA $-'^,j,�� ' L 'r S. x t'� I•{ .ki� S y.{V F' - F � -- Ill•- �, �� 75H -10 ROH (11/07/11) RESOLUTION NO. 2011 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA STATING ITS INTENTION TO DISESTABLISH THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On December 15, 2008, in compliance with Article XX of Chapter 13 of the Santa Ana Municipal Code (the "Law "), the City Council established the Downtown Santa Ana Community Management District (the "CMD ") by adopting Resolution No. 2008 -078. B. Section 13 -214 of the Law permits the dissolution of the CMD by resolution after the city council first adopts a resolution of intent to disestablish the CMD prior to the required public hearing. C. The City Clerk has received multiple petitions seeking the disestablishment of the CMD. D. On August 1, 2011, Mayor Pro Tern Claudia Alvarez requested that staff begin proceedings to disestablish the CMD. On August 24, 2011, the City Council decided to continue this item for future consideration. On September 19, 2011, the City Council decided to continue this item to October 3, 2011. On October 3, 2011, the City Council decided to continue this item to October 17, 2011. On October 17, 2011, the City Council decided to continue this item to November 7, 2011. Section 2. Pursuant to Sections 13 -214 of the Law, the City Council hereby declares its intention to set a public hearing regarding the disestablishment of the CMD. This action is taken in response to the multiple petitions received by the City Clerk requesting the disestablishment of the CMD. Specifically, the City Clerk received fifty - six (56) signatures on petitions protesting against the existence of the CMD. In addition, this action is supported by the fact that there were multiple individuals in support of alternative maps presented to the City Council proposing reduced boundaries to the current CMD. Further, although the City had the authority to vote for the establishment of the CMD as a property owner in the zone, there are questions regarding the overall Resolution No. 2011 -XXX 85A-1 Page 1 of 3 support for the CMD from the remaining property owners during the vote if the City had not cast votes in support of the CMD. Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing on the disestablishment of the CMD on , 2011, at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 22 Civic Center Plaza, Santa Ana, California 92702. At the hearing, the City Council will consider adopting a resolution disestablishing the CMD. The City Council will also hear all persons for or against disestablishment of the CMD. Section 4. If the CMD is disestablished, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the CMD in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the CMD is disestablished, in accordance with section 13 -214 of the Law. Section 5. The notice of the hearing on disestablishment required by section 13 -214 of the Law shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The notice shall be mailed to the property and /or business owners at least thirty (30) days prior to the date of the public hearing. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7th day of November, 2011. APPROVED AS TO FORM: Joseph A. Straka Interim City Attorney Miguel A. Pulido Mayor Resolution No. 2011 -XXX Page 2 of 3 85A_2 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2011 -XXX 85A -3 Page 3 of 3 �� i i