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FULL PACKET_2013-12-16
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 2, 2013 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:05 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:12 P.M.) ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: SAL TINAJERO, Mayor Pro Tern STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Amezcua, Benavides, Martinez, Reyna, and Sarmiento. MOTION: Elect Councilmember Martinez as Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Sarmiento ftellI=F AYES: NOES: ABSTAIN ABSENT: SECOND: Benavides Amezcua, Benavides, Sarmiento (5) None (0) None (0) Pulido, Tinajero (2) Martinez, Reyna, and CITY COUNCIL MINUTES 1 DECEMBER 2, 2013 1 0A -1 PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:06 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Claudia Gaxiola et al v. City of Santa Ana et al; Orange County Superior Court case number 30- 2013 - 00665965. CLOSED SESSION REPORT— See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 5:43 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 DECEMBER 2, 2013 1 0A -2 CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS REGULAR OPEN SESSION COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:45 P.M. COUNCILMEMBERS Present: MIGUELA. PULIDO, Mayor ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: SAL TINAJERO, Mayor Pro Tern STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR. Clerk of the Council MAYOR PULIDO SAM THOMPSON, POLICE CHAPLAIN EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Ann Matulin, Jail Administrator, Police Department 35 YEARS OF SERVICE Gregorio O. Zul, General Maintenance Leader; Parks, Recreation and Community Services CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Consul Alejandra Garcia Williams and the Mexican Consulate in recognition of their new office location and expansion to provide a larger facility to better serve Mexican nationals abroad. CITY COUNCIL MINUTES 3 DECEMBER 2, 2013 1 0A -3 CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Latino Health Access CEO, America Bracho and the Wellness Corridor Steering Committee for their work on Wellness Corridor Project. Steering Committee: Community Representatives: Zabdi Alvarez, Maria Andrade, Angie Aparicio, Alondra Campos, Mary Ann Castillo, Apolonio Cortes, Lupita Diaz, Sallie Gomez, Lorenzo Gonzalez, Jose Leal, Elba Lucero, Juan Carlos Macedo, Carlos Melendez, Adrian Munoz, Marisol Ocampo, Saul Ocampo, Jonathan Pantoja, Carlos Ramirez, Jeanette Rubio, Vicky Salgado, Carolina Sarmiento, Revel Sims. and Tixoc Ventura. • Community Based Organizations: American Heart Association, Child Abuse Prevention Center, El Centro Cultural de Mexico, El Fenix, KidWorks, NeighborWorks Orange County, Orange County Bar Foundation and The Grain Project. • Business Representatives: Northgate Gonzalez Markets, Rancho de Mendoza, Road Less Traveled, St. Teresa's Gift Shop, Teresa's Jeweler, Wells Fargo, and the Yost Theatre. • Orange County Artist Community: Cal State Fullerton Grand Arts Central and Orange County Film Fiesta • County of Orange: Supervisor Janet Nguyen's Office and Orange County Health Care Agency • State Representative: Senator Lou Correa's Office • Health Sector: St. Joseph Health Care • Education Sector: Santa Ana Unified School District, Santa Ana College and University of California, Irvine. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER REYNA to Toyama Karate Academy owner Jerry Cazalez, for his community support and longevity in Santa Ana. CLOSED SESSION REPORT — City Attorney Carvalho reported that by a 6 -0 vote (Tinajero absent) approved Claudia Gaxiola et al v. City of Santa Ana et al; Orange County Superior Court case number 30- 2013 - 00665965 in the amount of $16,000. CITY COUNCIL MINUTES 4 DECEMBER 2, 2013 1 0A -4 PUBLIC COMMENT • Steve Rocco, commented on various issues and provided written personal declaration on remarks. • Tom Lutz, thanked the City Council for postponing decision on Addendum of Environment Impact Report for Bristol Street widening project (Agenda Item 55B); Washington Square Neighborhood Association establishing ad hoc committee to address sound wall issue for resident on Louise Street; concerned with Santa Ana college purchase of land on 17th and Bristol Street - prime location and great entry way to the City; Neighborhood Association will have proposal by end of January and urge City Council to continue consideration of matter until then. • Samuel Romero, wished all a Merry Christmas; commented on possible change to election law to require a primary election, opined that best way is have representative by Ward - better representation and accountability. • Art Guevara, spoke in support of art efforts throughout the City including the proposed mural. • Peter Katz, spoke in support of Agenda Item 50A; proposed establishment of a voluntary fee on water bills to be used for arts and culture projects. • Irma Macias, representing Pico - Lowell Neighborhood Association thanked City Manager, Police Chief, Mayor and Councilmember Reyna for Walk and Talk event last month; request task force to address the issues raised at the meeting. • Victor Payan, spoke in support of Agenda Item 50A; advocated for film to be included in discipline to be considered for commissioner; Chapman University has digital artist and other institutions that will help with economic development including arts roster for resources; need to identify historical locations. • Alicia Rojas, has advocated for arts commission for two years ago; thanked Parks, Recreation and Community Services Director for leadership and inclusionary efforts; proposed advisory committee to complement commission such as community members and gallery owners; neighborhood mural on 5th and Broadway will have unveiling on Saturday, December 7th. • Jeannie Gillett, president of Old Orchard Conservancy, noted that they established to preserver orchard; opined that Environmental Impact Report process ignored by Planning Commission; home listed on historic registry; current owners have applied for permit to build tract homes not preservation of heritage; urged the City Council to preserve lot. • Nick Spain, requested City Council to direct staff to include the Old Orchard Conservancy Plan for consideration; proposed to maintain 50% of orchard for preservation purposes; Plan consistent with State Law and that of City of Mendocino's Plan. • Matthew Holbrook, legal counsel representing the Old Orchard Conservancy; commented on case law; CEQA allows agricultural conservation as part of mitigation plan. • Patrick Mitchell, commented on need for local agriculture /farms; need for mitigation offers that will lose 5 acres of land, heritage landscape need to be preserved. • Ryan Bensley, Vice President of Old Orchard Conservancy, need to evaluate preservation of half of the Sexlinger orchard as historical resource; opined that Environmental Impact Report costs may be reduced by requesting staff to review CITY COUNCIL MINUTES 5 DECEMBER 2, 2013 1 0A -5 Proposal submitted by Conservancy now rather than amend at a later time; wished all happy holidays. • Moises Plascencia, board member on Old Orchard Conservancy, Sexlinger Property symbol of founding families and farming roots; sustainable development need to be considered as part of Plan; Orchard may be used to educate children about engineering. • Steve Ray, board member of the Old Orchard Conservancy; urged the City Council to save the Sexlinger Orchard; City in need of open space, educational and anthropological resource; opined that staff's 8th option in Plan is also unreasonable; urged staff to include the Conservancy's Plan; happy holidays to all. • Bobi Keenan, commented on speed of traffic coming into the Washington Square Neighborhood; staff to re- consider number of lanes and timing of traffic signals; concerned with safety and access to emergency vehicles - designate right and left turn lanes on Bristol Street. • Tony Michalski, echoed comments by Washington Square Neighborhood residents; concerned with cul -de -sac turn - around; emergency vehicle access a concern; opined that Santa Ana College property could be development for better traffic flow. • Susan Van Der Roest, resident of Washington Square, looks forward to working with City on Bristol Street Widening Project Study Session. • Manuel Pena, commented on need to have Christmas lighting in Downtown (along 4th street); concerned with parking meter policy of not paying after 8 p.m. — evening /entertainment businesses benefitting. • Richard Stein, Executive Director of Arts Orange County, applauded City Council for establishing arts commission; commented that economic development improved and children benefit from arts; Wished all a Merry Christmas and Happy Hanukah. • Tracy Simons, excited about the positive changes in the City; proud with the progress of the Bristol Street widening improvements to date; opined that noise study does not support sound wall along Bristol Street; thanked elected officials for commitment to build aesthetic wall; wished all a Merry Christmas. • Jay Poggi, relocated from northern California and moved to Washington Square because of the charming neighborhood; thanked the City Council for tabling decision on Addendum of Environmental Impact Report on Bristol Street. • Mr. Naranjo, spoke of personal concerns. • James Kendricks, need for undergrounding of power -lines along Bristol Street; concerned with Santa Ana College's purchase of prime location on corner of 17th and Bristol Street; staff to evaluate speed along Broadway Avenue. • Christina Rush, spoke on behalf of several businesses along Bristol Street that will be impacted by expansion project. • Dr. Robert Gonzales, spoke of co- mingling effects of Bristol Street Widening Project including economic development and mobility improvements; look forward to study session on the project. • John Palacios, thanked the City Council on postponing consideration of the Environmental Impact Report (EIR) Addendum on Bristol Street; look forward to win - win solution; need sound wall along Bristol; wish to review the 1990 EIR revalidation sent to Federal Transportation. CITY COUNCIL MINUTES 6 DECEMBER 2, 2013 1 0A -6 • Mayor Pulido, indicated that Santa Ana College bought land from private business; not City arrange. • Councilmember Sarmiento, study session on Bristol Street needed; complex project that needs clear direction; noted that sound wall discussed at neighborhood meeting - council majority need to make decisions and not one member of the city council; improve corridor. • Mayor Pulido, noted that as member of the Orange County Transportation Authority (OCTA) committed to finding funds for sound wall — did not make unilateral decision on behalf of city council. • Councilmember Martinez, commented on Measure M1 and M2 funds - encouraged residents to advocate OCTA for funds, $250 million may be allocated, but not yet secured; Bristol Street Widening Project is major gateway and County core. • Mayor Pulido, noted that former OCTA board had committed to multi -year project. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31 B as recommended by staff with the following modifications: • Excuse the absence of Mayor Pro Tern Tinajero; • Councilmember Sarmiento abstained on Agenda Items 31A and 31B due to a campaign contribution and out of abundance of caution; and • Councilmember Martinez pulled Agenda Items 25A, 25D, and 29A for separate discussion. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: CITY COUNCIL MINUTES SECOND: Reyna Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) 7 1 0A -7 DECEMBER 2, 2013 ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF NOVEMBER 18, 2013 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. AMENDMENT APPLICATION NO. 2013 -04 TO CHANGE THE ZONING FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 TO SUBDIVIDE THREE PARCELS INTO 28 CONDOMINIUMS AT 4226 -4306 WEST FIFTH STREET - Planning and Building Agency Placed on first reading at the November 4, 2013 City Council meeting and approved by a vote of 7 -0. Published in the Orange County Reporter on November 8, 2013. Item continued from the November 18, 2013 City Council meeting by a vote of 6 -0 (Tinajero abstained). MOTION: Table the matter at the request of staff. 11 B. TEMPORARILY DEFERRING COLLECTION OF DEVELOPMENT IMPACT FEES - Planning Building Agency Placed on first reading at the November 18, 2013 City Council meeting and approved by a vote of 7 -0. Published in the Orange County Reporter on November 22, 2013. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2855 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO TEMPORARILY SUPERSEDE CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL CODE AND TO PERMIT DEVELOPERS TO DEFER PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES CITY COUNCIL MINUTES 8 DECEMBER 2, 2013 1 0A -8 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve Settlement agreement; AGMT NO. 2013 -180 - Claudia Gaxiola et al v. City of Santa Ana et al; Orange County Superior Court case number 30- 2013 - 00665965 in the amount of $16,000. 19B. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse the absence of Mayor Pro Tern Tinajero. 19C. DESTRUCTION OF OBSOLETE RECORDS - City Manager's Office and Community Development Agency MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. AGREEMENT AND APPROPRIATION ADJUSTMENT ACCEPTING REIMBURSEMENT FROM COUNTY OF ORANGE FOR POSTRELEASE COMMUNITY SUPERVISION - Police Department li7[�3I[�L�A 1. Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding, subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2013 -181 - With the County of Orange for Public Safety Realignment and Postrelease Community Supervision cost reimbursement in an amount of $144,434 retroactively from July 1, 2013 through June 30, 2014. 2. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 9 DECEMBER 2, 2013 1 0A -9 APPROPRIATION ADJUSTMENT NO. 2014 -050 - Approve an appropriation adjustment in an amount of $144,434 for reimbursement costs from the County of Orange in revenue account and appropriate same to expenditure account. 20B. APPROPRIATION ADJUSTMENT ACCEPTING CALIFORNIA ENDOWMENT GRANT FUNDING - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014 -047 - Recognizing California Endowment Program funding in an amount of $20,000 in revenue account and appropriate same to expenditure accounts. 20C. APPROPRIATION ADJUSTMENT FOR CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS LAW ENFORCEMENT FUNDING - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014 -048 - Recognizing $179,216 in Local Assistance law enforcement funds from the California Board of State and Community Corrections in the Police Block Grants revenue account and appropriate same to the grant expenditure account. 20D. APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING 2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDING - Police Department li7[�3I[�L�A 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014 -049 - Recognizing 2013 Edward Byrne Memorial Justice Assistance Grant funding in the amount of $93,501 into the Byrne Justice Assistance revenue account and appropriate same to expenditure account. 2. Authorize the City Manager and the Clerk of the Council to execute an agreement, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 10 DECEMBER 2, 2013 1 0A -10 AGMT NO. 2013 -182 — With the County of Orange, Sheriff's Department to provide 2013 Edward Byrne Memorial Justice Assistance Grant Program funds in the amount of $93,501. PROJECTS /CHANGE ORDERS 23A. CONTINGENCY INCREASE FOR BROADWAY REHABILITATION FROM ANAHURST PLACE TO FIRST STREET (PROJECT NOS. 116736 & 116746) - - Public Works Agency MOTION: 1. Increase the contingency for the Broadway Rehabilitation Project by $200,000 which will increase the total construction contract with All American Asphalt, Inc., to $2,967,682. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014 -051 - Recognizing $200,000 in interest earned in the Proposition 1B Fund revenue account and appropriating the same into the Proposition 1B Fund expenditure account AGREEMENTS City Council directed staff to evaluate possibility of shared cost with Civic Center Authority. MOTION: Award a contract to Siemens Inc. for a period of eighteen months, in an amount not to exceed $109,540, with an option to extend up to one additional 18 -month period, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN SECOND: Reyna Amezcua, Benavides, Sarmiento (5) Martinez (1) None (0) Pulido, Reyna, CITY COUNCIL MINUTES 11 DECEMBER 2, 2013 1 0A -11 ABSENT: Tinajero (1) 25B. AGMT NO. 2013 -184 — SETTLEMENT AGREEMENT WITH THE SMOG PLACE FOR GRAND AVENUE WIDENING (PROJECT NO. 081732 NONGENERAL FUND) — 1222 EAST FOURTH STREET (APN 398 -385- 03) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Antonio Rios dba The Smog Place, tenant of the property located at 1222 East Fourth Street (APN 398 - 385 -03), in an amount of $17,665 for all right, title, and interest, in and to certain improvements, including fixtures and equipment, subject to non - substantive changes approved by the City Manager and City Attorney, 25C. AGMT NO. 2013 -185 - SOFTWARE MAINTENANCE AND TECHNICAL SUPPORT FOR SPECIALIZED ENGINEERING SOFTWARE - Public Works Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Bentley Systems, Inc,, in an amount not to exceed $50,000 per year, for a one year period, with the option to extend for up to two additional one -year terms, exercisable by the City Manager or his designated representative, City Council requested inventory of computers to assess need for licenses and products. MOTION: Approve and authorize the City Manager and Clerk of the Council to execute an agreement with CompuCom Systems, Inc, in an annual amount of $410,000 for a three -year term with the option to renew the agreement for one additional three -year term for Microsoft licensing and services plus up to $50,000 per year for additional Microsoft licensing and services as required in support of changes in City business operations subject to non - substantive changes approved by the City Manager and City Attorney, Authorize the City Manager and Clerk of the Council to execute Microsoft Enterprise and Select Enrollment Agreements for volume licensing and maintenance, CITY COUNCIL MINUTES 12 DECEMBER 2, 2013 1 0A -12 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: MISCELLANEOUS - BUDGET SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) 29A. SANTA ANA SMALL BUSINESS INCENTIVE PROGRAM - Community Development Agency The Finance, Economic Development, and Technology Committee reviewed matter on October 14, 2013 and by a vote of 3 -0 recommended City Council authorize staff to administer the program. MOTION: Approve the Santa Ana Small Business Incentive Program, subject to non - substantive changes approved by the City Manager and City Attorney, MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Benavides Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) LAND USE MATTERS CONDITIONAL USE PERMITIVARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2013 -39 TO ALLOW A TYPE 20 ABC LICENSE FOR A 7- ELEVEN STORE LOCATED AT 1441 WEST MACARTHUR BOULEVARD, UNIT D - MICHAEL CHO, APPLICANT - Planning and Building Agency CITY COUNCIL MINUTES 13 DECEMBER 2, 2013 1 0A -13 Planning Commission approved recommended action on November 12, 2013, by a vote of 6 -0 (Yrarrazaval absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2013 -39 as conditioned. *Councilmember Sarmiento abstained on Agenda Item 31A due to a campaign contribution and out of an abundance of caution. 31 B. CONDITIONAL USE PERMIT NO. 2013 -40 TO ALLOW A TYPE 20 ABC LICENSE FOR A 7- ELEVEN STORE LOCATED AT 2112 SOUTH MAIN STREET - RALPH DEPPISCH, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on November 12, 2013, by a vote of 6 -0 (Yrarrazaval absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2013 -40 as conditioned. *Councilmember Sarmiento abstained on Agenda Item 31B due to a campaign contribution and out of an abundance of caution. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS ORDINANCES /FIRST READING 50A. ORDINANCE TO CREATE AN ARTS AND CULTURE COMMISSION — City Manager's Office and Parks, Recreation & Community Services Agency City Council discussion ensued. City Council request amendment to Ordinance to include film component; specify that commission is advisory only; and compensation set at $50 a month. Also, staff to consider proposal by Peter Katz made during public comments. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2856 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING A NEW DIVISION 5, ESTABLISHING AN ARTS AND CULTURE COMMISSION CITY COUNCIL MINUTES 14 DECEMBER 2, 2013 1 OA -14 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: RESOLUTIONS SECOND: Benavides Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) 55A. RESOLUTION AFFIRMING ADOPTION OF THE MEASURE M2 YEAR- END EXPENDITURE REPORT - Public Works Agency MOTION: Continue consideration of matter to the December 16, 2103 City Council Meeting at the request of staff, MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 55B. RESOLUTION TO ADOPT ADDENDUM TO FINAL ENVIRONMENTAL IMPACT STATEMENT /ENVIRONMENTAL IMPACT REPORT FOR THE BRISTOL STREET WIDENING PROJECT BETWEEN WASHINGTON AVENUE AND 17TH STREET - Public Works Agency MOTION: Table matter at the request of staff, MOTION: Reyna SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) CITY COUNCIL MINUTES 1s DECEMBER 2, 2013 1 0A -15 55C. ADOPT RESOLUTION SUPPORTING THE UNITED STATES POSTAL REFORM LEGISLATION — City Manager's Office MOTION: Adopt a resolution. RESOLUTION NO. 2013 -056 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING UNITED STATES POSTAL REFORM LEGISLATION MOTION: Sarmiento SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES ABSENT: None (0) None (0) Tinajero (1) ADMINISTRATIVE MATTERS - BUSINESS 60A. APPOINT REPRESENTATIVE TO THE ORANGE COUNTY VECTOR CONTROL - Clerk of the Council Office The City's current representative is Cecilia Aguinaga who has served in this capacity since November, 2010 and has expressed interest in continuing to represent the City. MOTION: Appoint Cecilia Aguinaga as the City's representative to the Orange County Vector Control for a two year term expiring December 31, 2015. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Amezcua, Benavides, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) Martinez, Pulido, CITY COUNCIL MINUTES 16 DECEMBER 2, 2013 1 0A -16 REPORTS 65A. DISCUSSION OF POTENTIAL CHARTER AMENDMENT FOR PRIMARY ELECTIONS AND RELATED ELECTION ISSUES - City Attorney's Office MOTION: Continue consideration of matter to the December 16, 2013 City Council Meeting at the request of staff. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Amezcua, Benavides, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) Martinez, Pulido, CITY COUNCIL RECESSED AT 8:08 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 8:09 P.M. COMMENTS 90A CITY MANAGER'S COMMENTS • City Manager Cavazos reported that the first 4 months of this year compared to last year, our sales tax revenue has increased by 12.5 %; • Reminded all to shop in Santa Ana. 90B CITY COUNCILMEMBER COMMENTS: Councilmember Amezcua: Invited all to attend Plaza Navidad event on Saturday, December 14th from 4 -8 pm in Downtown Santa Ana. Councilmember Reyna: • Urged all conserve water; • Participated in Wellness Corridor event - muralist exceptional; planning for future nighttime event on 4th Street; • Attended Nicholas Foundation Dinner, has matching funds of $1 million dollars to support our students; • Partook in Ride -Along with Police Officer Valdez; commented on daily challenges, respect police staff; CITY COUNCIL MINUTES 17 DECEMBER 2, 2013 1 0A -17 • Staff to follow up on holiday lights along 4th street; and • Asked for all to shop in Santa Ana. Councilmember Benavides: • Thanked speakers for commenting on variety of topics; community input welcomed; • Reflected on community investment and need to involve non - profit organizations in decision making; and • Echoed City Manager's comment to shop in Santa Ana. Councilmember Martinez: • Attended Patchwork Festival on December 1st; thanked organizers for successful event; • Encouraged residents to apply for arts commission - need to meet residency requirement; • Commented on upcoming grand opening of exercise area at Garfield Elementary; invited all to attend — City providing amenities for a healthier community; • Expressed condolences to the Humberto Sanchez' family; adjourn meeting in his memory; and • Staff to consider Holiday lights for this year or next. Councilmember Sarmiento: • Thanked residents for comments received tonight; • Request adjournment in memory of Humberto Sanchez, owner of El Indio Tortilleria "; long -time community supporter; • Commented on letter received from Belen Solis that was addressed to Chief of Police; she expressed gratitude for police department's efforts in addressing gang and drug issues; took proactive approach - neighborhood has changed; she thanked all for improvements. Mayor Pulido: Adjourn meeting in memory of Humberto Sanchez; and reminded all to be thankful. ADJOURNED- 8:25 P.M. - The next meeting of the City Council is scheduled for Monday, December 16, 2013 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. CITY COUNCIL MINUTES 18 DECEMBER 2, 2013 1 0A -18 ADJOURN IN MEMORY OF HUMBERTO SANCHEZ Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS Street Car Project Locally Preferred Alignment Public Hearing on Sexlinger Property Adoption of Strategic Plan Harbor Blvd. Mixed -Use Plan CITY COUNCIL MINUTES 19 DECEMBER 2, 2013 1 0A -19 1 OA -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: ORDINANCE SECOND READING: ORDINANCE TO CREATE AN ARTS AND CULTURE COMMISSION lef,4- CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION 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 On December 2, 2013, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 6 -0 (Tinajero absent): ORDINANCE NO. NS -2856 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING A NEW DIVISION 5, ESTABLISHING AN ARTS AND CULTURE COMMISSION FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2856 11 A -1 11 A -2 SRC 11/25/13 [01:7 Q ILI /_10[a]:@0[91■01. -0V1kVk4 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING A NEW DIVISION 5, ESTABLISHING AN ARTS AND CULTURE COMMISSION THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. A new Division 5 of Article IV of Chapter 2 of the Santa Ana Municipal Code is hereby established to read as follows: Division 5. Arts and Culture Commission Sec. 2-550. Establishment. There shall be created, constituted and established a Santa Ana Arts and Culture Commission. Sec. 2-551. Members. The arts and culture commission shall consist of seven (7) members. Members of the commission should be persons who are concerned about arts and cultural issues in the City of Santa Ana and should be persons who have professional expertise or substantial volunteer involvement in the following areas: Visual, performing or literary arts; Architecture, design or urban planning; Education; History; Science; Film; or Arts and cultural institution management. The commissioners shall be subject to appointment and removal and shall serve terms in accordance with section 901 of the Charter of the City of Santa Ana. Sec. 2 -552. Meetings and Compensation. The arts and culture commission shall meet at least one (1) time each quarter or more frequently as needed at dates and times specifically set out and established in the rules of the commission. Each commission member shall receive maximum compensation in the amount of $50.00 for attendance at one regular meeting per month. Sec. 2 -552.5 Duties of the city manager. It shall be the duty of the city manager or his or her designee to provide staff support to the arts and culture commission and provide data, materials and resources which can be of assistance to the deliberations of the commission and shall advise and recommend to the commission on all technical matters. Ordinance No. NS -XXX 11 A -3 Page 1 of 3 Sec. 2. -553. Powers and duties. The arts and culture commission shall have the following powers and duties: (a) The commission shall act as an advisory body to the City Manager and the City Council and make recommendations regarding but not limited to: (1) Policies, priorities and plans for the development and improvement of arts and cultural activities in Santa Ana, and, in conjunction with other appropriate agencies, in the greater Santa Ana area. (2) Coordinating with the private sector and other governmental agencies in promoting arts and cultural excellence as a tool for the encouragement of economic development, business relocation and tourism. (3) Organizing and promoting activities which celebrate the City and its unique cultural heritage. (4) Allocation and budgeting of funds for arts and cultural funding. (5) Payments for the design, execution and placement of public art projects, within established appropriations for the art projects. (6) Encouraging the use of local artists in City public art projects. (7) Guidelines for accepting, selecting, purchasing, commissioning, placing and preserving art projects and other City art acquisitions, gifts or extended loans of art. (8) Make recommendations to the city council on deaccessioning of artworks, when necessary; (b) The commission shall also advocate for arts education, cultural diversity, the Sister Cities Program, and other initiatives that further the growth and sustainability of the arts and cultural community in Santa Ana area. (c) In addition, the Commission shall have such other powers and duties as may be appropriate in carrying out the purposes and goals of this Division and as set forth in reports or recommendations adopted by the City Council. (d) Consider matters referred to it by the City Manager or the City Council. SECTION 2. 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. Ordinance No. NS -XXX Page 2 of 3 11 A -4 ADOPTED this day of 12013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney m AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers 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 11 A -5 Page 3 of 3 11 A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT — INTENT TO LEVY ASSESSMENT FOR 2014 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve the 2014 Assessment Report and budget for the Downtown Santa Ana Business Improvement District. 2. Adopt a resolution of intention to levy an annual assessment for 2014 and establish a time and place for a public hearing to be held by the City Council on January 7, 2014 to hear and consider all protests. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting on December 3, 2013, by a vote 5:0 (Bist, Morfin absent), the Community Redevelopment and Housing Commission: 1) found that the 2014 Downtown Santa Ana Business Improvement District Assessment Report complies with the California Streets and Highways Code §36533; and 2) directed that the Interim Executive Director of the Community Development Agency file the 2014 Downtown Santa Ana Business Improvement District Assessment Report with the Clerk of the Council for City Council approval or modification. DISCUSSION Background On February 6, 1984, the City Council adopted Ordinance No. NS -1715 pursuant to state law, creating a Business Improvement District (BID) in Downtown Santa Ana. The BID was established as a means of providing the Downtown business community with the funding to promote events and advertising pieces, increase the security presence, enhance maintenance of the downtown shopping corridors, and implement street improvements to the area. The BID is funded through an additional charge on the business license tax for those businesses within the BID boundary (Exhibit 1). 12A -1 2014 BID Intent to Levy December 16, 2013 Page 2 In 2008, the City Council approved the establishment of the Downtown Santa Ana Community Management District (commonly referred to as the PBID) and put the BID in suspension. The PBID resulted in a levy on property owners rather than businesses. On February 4, 2013, the City Council adopted Ordinance No. NS -2842 repealing Article XX of Chapter 13 of the Santa Ana Municipal Code disestablishing the Downtown Community Management District. With the disestablishment of the PBID, several downtown merchants and property owners expressed an interest in reactivating the BID to receive funding to promote the safety, maintenance, and overall economic stability of the Downtown. At its meeting on July 1, 2013, the City Council reactivated the BID and levied the assessment for 2013. To administer the activities of the BID, the City executed operating agreements with Downtown Inc. and the Santa Ana Business Council. These agreements contained provisions to ensure proper administration and distribution of the funds. Provisions are included for items such as the annual budget, financial record keeping, fund distribution, and board composition and meeting requirements. Given that this is the first year of the reactivation of the BID and both organizations have already begun incurring expenses for budgeted events, the Agreement provided for $20,000 in upfront funding to each organization for this first year only, subject to subsequent receipt of verifiable invoices and /or receipts. As of November 1, 2013, the City has received $190,000 total in BID funds from the 2013 assessment period. Each group has roughly $95,000 to expend on the remaining 2013 activities and carryover into the 2014 assessment year. Staff has advised the two business associations to conservatively estimate their 2014 budgets at $100,000 each. 2014 Assessment Since the BID was reactivated so late in 2013, the process for 2014 must now begin in order to allow the 2014 assessment levy to be incorporated into the business license bills and proceed on normal billing cycles. The 2014 Assessment Report contains the basis and method of levying the assessment, estimated budgets from the two business associations for providing special events and other promotional activities in the upcoming year, and a map of the BID boundaries. The Assessment Report presented for consideration and recommended for approval has been reviewed by the City Attorney's Office and determined to meet state law requirements. After approval of the report, the next course of action is to conduct a public hearing, which is scheduled for January 7, 2014. FISCAL IMPACT If the recommended action item is approved, there is no direct fiscal impact associated with this action. The City serves as a pass through for BID revenue in accordance with the Assessment Report and any approved operating agreements. 12A -2 2014 BID Intent to Levy December 16, 2013 Page 3 t'V i, r 4�c, . yfin i ancy Fj6ng, AICP U Interim Executive Director Community Development Agency NF /MM /kg Exhibit: 1. Assessment Report 2. Resolution 12A -3 12A -4 EXHIBIT 1 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2014 ASSESSMENT REPORT Background On February 6, 1984, the City Council adopted Ordinance No. NS -1715 pursuant to Section 36500, et seq., of the 1979 State of California Streets and Highways Code, creating a Business Improvement District (BID) in Downtown Santa Ana. On October 6, 2003, the City Council appointed the Community Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana Business Improvement District Advisory Board. As the BID Advisory Board, the CRHC is responsible for making recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments (including the annual budget). The BID was established as a means of providing the Downtown business community with the funding to promote the Downtown through events and advertising pieces; funding to increase security and enhance the overall aesthetics of the area; and also to maintain the downtown shopping corridors. Improvement Area Boundaries The geographic boundaries of the district remain unchanged from the original 1984 area, and they include over 700 retail, service, and professional members (see Attachment A). Assessment Formula The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and is based on the category and /or sales volumes of the business (see Attachment B). 2014 Budget Plan Based on the feedback from the two Associations, the 2014 BID Budget focuses on the continuation of promotions and marketing of the BID. Some of the promotion and marketing will be focused on Downtown events and advertising pieces; which are all designed to enhance the overall aesthetics of the area and also to maintain the downtown shopping corridors. Detailed breakdowns of the two groups' budgets are attached (Attachment C). The assessments from the 2014 BID are estimated at $200,000 to be split evenly by Downtown Inc. and the Santa Ana Business Council Inc. Page 1 of 6 12A -5 -- the two business groups that have spearheaded this BID process. Due to the delayed start of the 2013 BID assessment, both associations will have carryover funding from the previous year estimated to be at $95,000 each. This carryover has been incorporated into a reserve fund for their 2014 budgets. This reserve funding may be used for additional events and promotions throughout the year. These two representative business associations are proposing to host a variety of major community events and promotions, including, but not limited to the following: Downtown Inc. Sound Downtown /Restaurant Week Artwalks (12x) OC Pride Day of the Dead Patchwork (2x) Downtown Santa Ana Film Festival OC Fashion Week Santa Ana Business Council Business Fair Quinceanera Expo Mother's Day Celebration 4th of July Event Art Fair Film Festival Octoberfest Noche de Altares Plaza Navidena Other programming for the associations will include funding for the Downtown Restaurant Association, Holiday promotions, website development and maintenance, and an artist retention program. Page 2 of 6 12A -6 ATTACHMENT A 7777777777777r- FLOWER ST. 55 > z J* ❑ 0 0 > :3 m (D 0 ROSS ST, Ln Ell 3 BI -H 5 F. 0 < I BIRCH ST. rD 3 F-1 T BROAD WAY F � ❑ V) SYCAMORE ST, SYCAMORE H.-[ H F ❑ F LMAIN ST. F1 ❑ F El D F F1 BUSH ST. F-1 ❑ F-1 El ❑ C SR �PAE$5 El 0 F SPURGEON ST. r. > ORANGE [--�--`�� z FRENCH ST. ❑ HMORTIMJR5L, 77 F-D 12A-7 ATTACHMENT B 2014 ANNUAL ASSESSMENT FORMULA The following businesses located within the boundaries of the Business Improvement District (BID), classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels, Theaters and Food Establishments, shall pay an amount equal to one and one -half times their annual business license fee. Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming House shall pay an amount equal to one - quarter times their annual business license fee. All other businesses, including Professions, Trades and Services within the boundaries of the proposed Business District, shall pay an amount equal to their annual business license fee. Once the assessment formula is established, it cannot be changed without written notice to all businesses within the boundaries of the proposed Business Improvement District and a public hearing held by the City of Santa Ana. Page 4 of 6 12A -8 ►' I A K143 :LTJI =1 ilrire] DOWNTOWN BUSINESS IMPROVEMENT DISTRICT PROPOSED BUDGETS SUMMARY 2014 19124 9-A IllaRX01 M 101 REVENUE BID Assessments — current Prior Year Carry Forward Total Revenue Downtown Inc, ADMINISTRATION Overhead (Supplies, insurance, misc) MARKETING Special Events Sound Downtown /Restaurant Week Artwalks (12x) OC Pride Day of the Dead Patchwork (2x) Downtown Santa Ana Film Festival OC Fashion Week Total Advertising (Print/Online) OTHER PROGRAMMING Restaurant Association Artist Retention Program Misc. Reserve Total 12A -9 $200,000 $190,000 $390,000 ,,. $10,000 $12,000 $5,000 $5,000 $10,000 $5,000 $5,000 $52,000 $27,000 $5,000 $5,000 $5,000 $95,000 $195,000 Page 5 of 6 Santa Ana Business Council Inc. ADMINISTRATION Overhead (Supplies, insurance, misc) MARKETING Special Events Business Fair Quinceanera Expo Mother's Day Celebration 4th of July Event Art Fair Film Festival Octoberfest Noche de Altares Plaza Navidena Total Advertising (Print/Online) Newsletters Website & Social Media OTHER PROGRAMMING Reserve Total Total Expenditures 12A -10 $11,000 $2,000 $3,000 $8,000 $3,000 $2,000 $2,000 $2,000 $3,000 $2,500 $27,500 $30,000 $8,750 $8,750 $14,000 $95,000 $195,000 $390,000 Page 6 of 6 Exhibi4Z (jxs 12- 04 -13) RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR THE YEAR 2014 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. By Ordinance No. NS -1715, adopted February 6, 1984, the City Council of the City of Santa Ana established the Downtown Santa Ana Business Improvement Area pursuant to sections 36500 et seq. of the California Streets and Highways Code; and B. As provided in Ordinance No. NS -1715, the City Council is authorized to levy an assessment in the following amounts for the improvements and activities of the Downtown Santa Ana Business Improvement Area: (a) For amusement services, pawnbrokers, service stations, retail sales of goods, hotels, motels, theaters, food establishments: an assessment in an amount equal to one and one -half (1.5) the annual business license fee. (b) For commercial and residential rental property: an assessment in an amount equal to one -fourth (0.25) the annual business license fee. (c) For all other businesses: an assessment in an amount equal to the annual business fee. Section 2. The improvements and activities for which the assessment revenues may be used in the Downtown Santa Ana Business Improvement Area pursuant to Ordinance No. NS -1715 are as follows: (a) Decoration of any public place. (b) Promotion of public events. (c) Furnishing of music in any public place. Resolution No. 2013 -XXX Page 1 of 3 12A -11 (d) The general promotion of business activities. Section 3. The Downtown Santa Ana Business Improvement Area is located as shown on Attachment A, attached hereto and incorporated herein. Section 4. An assessment report is on file with the Clerk of the Council to which reference may be made for a full and detailed description of the improvements and activities to be provided for the year 2014, the boundaries of the area, and the proposed assessments to be levied upon the businesses within the area for the year 2014. Section 5. A public hearing shall be held by the City Council at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California at its regular meeting of January 7, 2014 at 6:00 p.m. or as soon thereafter as the matter may be heard, for the purpose of determining whether to impose the above said assessment for the year 2014 for the improvements and activities described in the report. Section 6. At the public hearing, written and oral protests may be made in accordance with sections 36524 and 36525 of the California Streets and Highways Code. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest shall be filed with the Clerk of the Council at or before the time fixed for the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest. Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 12013. Resolution No. 2013 -XXX Page 2 of 3 Miguel A. Pulido Mayor 12A -12 (jxs 12- 04 -13) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Jose Sandoval Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013 -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 ADOPTED this day of December, 2013. Resolution No. 2013 -XXX Page 3 of 3 12A -13 F- «MI'iITI -MV_1 FLOWER ST. n Z+ Q y y P g� O E ILA �s 5• rD ILA ILA ROSS ST. i n 3 L� n V BIR H 5 r. -S N 0 C BIRCH ST. rD BROAD WAY ❑Q� F-1 V% SYCAMORE Sl'. SYCAMORE 5T. H-El MAIN ST. BUSH ST. —1 F-1 F-1 El F-1 El CvPkE55 W© O � SRURGEON ST. n ❑ ❑ ��a p ORANGE FRENCH S'I'. /\ 12A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: APPOINTMENTS TO THE SANTA ANA WORKFORCE INVESTMENT BOARD CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: I_\W W 7N9:I�. ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Appoint Caleb Everett from Career College of California, William McGowan from Ingram Micro, and Darren Rutledge from Guaranty Chevrolet to the Workforce Investment Board. WORKFORCE INVESTMENT BOARD RECOMMENDATION At a special meeting of November 21, 2013, by a vote of 19:0 (Carter, de Leon, Didion, Elliott, Knitter, Maldonado, Martinez, Sanchez, and Su absent), the Workforce Investment Board recommended that the City Council appoint Caleb Everett, Career College of California, William McGowan, Ingram Micro, and Darren Rutledge, Guaranty Chevrolet as representatives on the Santa Ana Workforce Investment Board. DISCUSSION On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board (WIB) and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members represent education, non - profit organizations, one -stop mandated partners and local labor organizations. There are five private sector positions currently vacant on the WIB Board. After an extensive recruitment campaign and interview process, staff is recommending the appointment of Caleb Everett (replacing O. Pina) from Career College of California, William McGowan (replacing T. Saldivar) from Ingram Micro and Darren Rutledge (replacing E. Figueroa) from Guaranty Chevrolet. All three have expressed an interest and have confirmed that they can make the time commitments necessary to serve on the board. The candidates being considered would represent the private sector vacancies currently on the WIB. 13A -1 WIB Appointments December 16, 2013 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Nancy Fong, AICP j L' Interim Executive Director Community Development Agency NF /kg Exhibit: 1. Resumes 13A -2 r, EXHIBIT 1 BIOGRAPHY - Caleb Everett Caleb Everett is Chief Executive Officer of Career College of California, based in Santa Ana with a mission of empowering students to begin promising through high quality job and life- skills training and intensive placement assistance Under Caleb's leadership since 2010 Career College of California has helped over 300 students begin promising careers in the healthcare, legal and business fields. Prior to Career College of California, Caleb worked in the private equity industry, investing in private companies and working with them to develop and implement growth strategies and operational improvements. He was a Managing Director of Friedman, Fleischer & Lowe in San Francisco from 1999 to 2005 and prior to that an Analyst in the Corporate Principal department for the Blackstone Group in New York. Caleb began his career with Morgan Stanley in the Mergers and Acquisitions department in 1995. Caleb received a Bachelor of Science in Economics, magna cum laude, from the Wharton School of the University of Pennsylvania. He received an Associate of Science in Business Administration, summa cum laude, from Northern Virginia Community College in Annandale, Virginia. Caleb currently serves on the board of directors Rising Sun Energy Center, a non - profit national leader in curriculum, training and workforce development in the energy efficiency sector headquartered in Berkeley, California. He also serves on the board of directors of Halstrom Academy, a private high school with multiple campuses in Southern California based on a one student to one teacher instructional delivery model. Caleb has previously served as a director of the California Association of Private Postsecondary Schools, Milestone AV Technologies., a leading provider of audio - visual mounting solutions, Steelpoint Technologies, a software and solutions company focused on the litigation support market, and Volume Services America, a contract food service provider to stadiums, arenas and convention centers. 13A -3 William McGowan Process Improvement ♦ Consultative & Solution Sales I Networking & Relationship Building Project Management Professional ♦ Management Consultant ♦ Six Sigma Black Belt PROFILE Dynamic 20 -year career highlighted by pioneering experience and record - breaking performance in business operations and supply chain management. Leadership style draws from best practices to drive profitable revenue growth, cost optimization, and customer loyalty. Able to communicate effectively and persuasively, complete projects on time and under budget, and incubate new programs to steady state operation. > Program Manager able to efficiently gather and review information, determine core business and performance goals, and execute against identified objectives. • Outstanding presentation skills with the ability to captivate listeners • Development of long -term senior -level relationships (internal & external) > Client- facing sales professional able to establish and maintain credibility and trust with key decision makers where input is sought, valued, and respected. • Microsoft —$38M win; provided winning solution that saved $3M in cost • Verizon — $30M win; value proposition based on forward- costing methodology • Medtronic — $6M win; drafted RFP — and winning response - as trusted advisor `7 want to commend Bill for his insight and perseverance. This was a tough solution creation and deal negotiation process [Microsoft contract renewal] and without his help solving problems and managing customer relations we would never have succeeded." — VP Strategic Engagements Siemens Business Services PROFESSIONAL EXPERIENCE 2007 — Present Ingram Micro, Santa Ana, CA Director, Strategic Development & Execution • Pursue opportunities to improve profitable revenue growth through market adjacencies and develop new processes to expand and /or improve the business. • Develop, focus, and motivate a team of change managers from a project perspective and drive cross - functional teams to project completion. • Ensure the organization is continuously broadening the application and understanding of Six Sigma and project management tools and methodologies. • Provide leadership to business unit management to drive strategic initiatives, execute against targeted objectives, and monitor /control financial outcomes 2006— 2007 Design West Aratech, Tustin, CA Director of Business Development • Pursued manufacturing opportunities within Federal Government sector; responsible for developing 5 -year pricing strategies that optimized profit margins while maintaining competitive advantage. • Responsible for Program Management through First Article inspection for Biped Assembly with TACOM, Rock Island Arsenal. • Submitted over $30M worth of proposals and increased sales by almost $5M in 6 month period. William McGowan 2000— 2005 Siemens Business Services, Norwalk, CT Engagement Marager / Client Partner • Led solution development efforts and resource allocations for large, complex service opportunities nationally, resulting in multi- million dollar contract awards. • Developed senior level relationships and increased value through winning business strategies. Proven ability to affect top line revenues and increase market share. 1996 —2000 ENTER Information Services, Rye Brook, NY Enterprise Consultant/ Site Services Manager • P &L responsibility for $5M IT outsourcing engagement at AlliedSignal in Torrance, CA. SLA -based services included Help Desk, Deskside, and Network Engineering. • Created scalable and repeatable support solutions that provided total call management for IT- related issues, including Help Desk, Desktop, Network, and Data Center services as well as Procurement and IT Asset Management. 1994-1995 Danielian Consulting Group, Newport Beach, CA Management Consultant • Provided management consulting services to client banks with credit processing systems, including operational review and analyses, documentation of findings, process /system recommendations, and staffing calculations. • Conducted billable assessments to map business processes and determine operational inefficiencies, and refined existing support processes to affect both top line revenue generation and bottom line savings. VOLUNTEER ACTIVITIES 2010 — Present Ingram Micro Philanthropic Committee Committee President Provide guidance and direction to 20- member philanthropic committee, including coordination of all administrative duties. Also represent Ingram Micro as an Ambassador at philanthropic events. 1998-1999 First Step House of Orange County, Costa Mesa, CA Committee Chairman • Responsible for management of volunteer staff, weekly allocation of operating funds, and maintenance of facilities. Non - profit facility funded by United Way. 1993-1998 Junior Achievement, Multiple Cities, CA Classroom Consultant • Taught business economics to middle school classes in Irvine and Torrance, CA • Encouraged students to continue education at middle school in Santa Ana, CA EDUCATION / PROFESSIONAL DESIGNATIONS • MBA, Strategy & Operations — UC Irvine, Graduate School of Management • Bachelor of Arts, Sociology — UC Irvine, School of Social Ecology • Project Management Professional (PMP) — Project Management Institute 2008 • Six Sigma Black Belt — Ingram Micro, Singapore, September 2007 Darren Rutledge General Manager Guaranty Chevrolet 711 E. 17`h Street Santa Ana, California 92701 714- 973 -1711 Darren Rutledge is the General Manager for Guaranty Chevrolet in Santa Ana. He has worked there for the last 13 years. Darren has been in the Automobile Industry for 20 years. He was born and raised in Fort Worth, Texas. In 1985 Darren joined the United States Navy, serving on two ships, and doing three tours in the Middle East. His home ports were San Diego, then the Long Beach Naval Station; this is how he ended up in California. Serving for a total of 8 years, He fulfilled his obligation, and was Honorably Discharged from the Military. Darren then started a new career in the automobile industry. Starting as a salesperson, then to service advisor, finance manager, used car manager, sales manager, general sales manager and eventually to general manager. Darren was introduced by one of his sisters to a young lady named Lesley, while home on leave from the Navy. They have now been married for 25 years, and have 5 children. 13A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: CONTRACT RENEWAL WITH VULCAN MATERIALS CO. FOR ASPHALT CONCRETE MATERIALS (SPEC. NO.09 -029) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •C• O, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1S1 Reading ❑ Ordinance on 2n0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Vulcan Materials Co. for the purchase of asphalt concrete materials for a one -year period in an annual amount not to exceed $50,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Water Resources Division performs a variety of maintenance and repairs on the City's water and sewer systems. Tasks include mainline leak repairs to the water main system, repairs or replacement of water services and sewer laterals. Trench cuts are required in order to perform repairs and temporary asphalt concrete mix is used to repair the trench cuts in asphalt concrete streets. Permanent asphalt concrete trench resurfacing is provided under a separate contract administered by the Public Works Maintenance Services Division. On July 6, 2009, the City Council awarded a contract to Vulcan Materials Co., for a one -year period, with provisions for four one -year renewals. The vendor has agreed to renew the contract without an increase in pricing. Staff recommends the final renewal of the contract. The annual amount is based upon past usage and staff's projections for the next year. FISCAL IMPACT Funds are available in the various Public Work Agency departmental accounts (no. 63001). 'Ed—win "William" Ivez, P.E. Interim Executive Director Public Works Agency Sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 1�r__ 22A -1 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER16, 2013 TITLE: CONTRACT AWARD TO WORKPLACE SOLUTIONS, LLC FOR CUBICLE WORKSTATIONS (SPEC. NO. 13 -062) CITY MANAGIER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •:• % ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2n °Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Workplace Solutions, LLC for the purchase of cubicle workstations and associated office furniture in an amount not to exceed $35,000 subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Water Engineering and Administration section provides budgeting, planning engineering, administration and various support services for the water and sewer enterprises and is staffed by professional engineers, office assistants and part-time student interns. This section acts as the central hub for all water and sewer support operations and is the central location for managing the enterprise's operations technology. The water engineering and administration section of the water resources division is located at the City's Corporate Yard facility and occupy a room which has six cubicle work stations. These workstations were installed when the Corporate Yard Facility first opened in 1994. The existing workstations and layout have become outmoded as a result of the section's adoption of new technologies and staff. The new proposed workstations and configuration will enhance the section's resources including staff, technologies and office support equipment (e.g., large size plotters & plan scanner). The proposed new workstations will better utilize the space and maximize the usability of the room, thus creating a more efficient work environment. The notice inviting bids was advertised on November 1, 2013, and bids were solicited. A summary of the bid invitations and bids received is as follows: 4 Invitations For Bid emailed 2 Bids received Bids were received, opened on November 18, 2013, and evaluated. The bid received from Workplace Solutions, LLC is responsive to the specifications and meets the City's requirements. 22B -1 Contract Award for Cubicle Workstations December 16, 2013 Page 2 FISCAL IMPACT Funds are available in the Water Enterprise, Engineering and Administration account (no. 06017645- 63001). Qt �i1� \ice �1�4 A .L Q a /1 Edwin "Willia " alvez, P.E. Francisco Gutierrez Interim Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency EG /NS /RR 22B -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: CONTRACT AWARD TO DELL COMPUTER CORP FOR COMPUTERS (SPEC. NO. 13 -073) CITY MANAG RECOMMENDED ACTION r�q CLERK OF COUNCIL USE ONLY: TINSWOM ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Dell Computer Corporation for the purchase of desktop computers in the amount of $24,000; and an additional $10,000 for an annual blanket contract, for a total amount not to exceed $34,000, subject to non - substantive changes approved by the City Manager and City Attorney. The Personnel Department is responsible for the administration of a wide range of services designed to recruit and retain a qualified and diverse workforce to meet the needs of the organization. Currently, the department's computers are over eight years old and require replacement to continue managing and operating various systems, such as: NEOGOV Personnel Services software, EPersonality for payroll and benefits functions, the Infor system for purchasing functions, SIGMA for applicant tracking, and IVOS claims system for liability and workers' compensation claims. This action will replace 20 desktop computers in the Personnel Services Benefits and Risk Management Divisions. To increase efficiencies staff recommends Council approval of this action. Dell Computer Corp provides various computer parts and supplies for departments citywide. The purchase of the 20 desktop computers when combined with anticipated purchases during the current fiscal year, exceed the $25,000 aggregate limit. In order to facilitate continued purchase of computer parts and supplies, staff recommends the increase to the aggregate limit. Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Western States Contracting Alliance (WSCA) establishes California Multi -State Cooperative Agreements for Commodities, IT Goods 22C -1 Contract Award to Dell Corp for Computers December 16, 2013 Page 2 and Services, and Telecommunication Goods and Services. WSCA agreements are available to all State of California governmental entities that expend public funds for the acquisition of goods and services. Dell Computer Corporation is a manufacturer offering WSCA pricing. FISCAL IMPACT Funds are available in the Personnel division accounts: Personnel Services (01109050- 63001); Risk Management (08009051- 63001); Workers' Compensation (08209054- 63001); and Benefits (08109053- 63001) in the amount of $24,000 and in the various departmental Miscellaneous Operating Expenses account (no. 63001) in the amount of $10,000. APPROVED AS TO FUNDS AND ACCOUNTS: uugl� E and S. Raya Francisco Gutierrez 5;r— Executive Director Executive Director Personnel Services Finance & Management Services Agency EG 220-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: AGREEMENT WITH PHOENIX GROUP INFORMATION SYSTEMS TO PROVIDE AUTOMATED PARKING CITATION PROCESSING SERVICES CITY MANAG 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 Authorize the City Manager and the Clerk of the Council to execute a three -year agreement with Phoenix Group Information Systems for automated parking citation processing services in the amount of $487,185, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On September 18, 2013, the Police Department issued a request for proposals (RFP #13 -051) for automated parking citation processing services. On October 2, 2013 a pre - proposal conference was conducted, and on October 23, 2013 the City received proposals from six firms. Cite Zone, Data Ticket, Phoenix Group, SP Plus Municipal, T2 Systems, and Turbo Data each submitted proposals for consideration. An evaluation committee consisting of representatives from PD Traffic, PD Fiscal, PD Information Services, and Finance/Treasury reviewed and rated the six proposals. The proposals were evaluated according to Responsiveness to RFP (30 %), Experience of Firm and Personnel (30 %), and Cost of Proposal (40 %), as stated in the RFP. The results of the RFP evaluation are as follows: Vendor Score Phoenix Group 471 Data Ticket 435 Turbo Data 427 Cite Zone 420 SP Plus Municipal 364 T2 Systems 341 500 point max 25A -1 Phoenix Group Agreement December 16, 2013 Page 2 The Police Department proposes to enter into a three -year agreement with Phoenix Group Information Systems. Phoenix Group is a Santa Ana based business and has been accommodating, professional and consistent in it's processing of parking citations under their current agreement with the City. Currently, the Police Department utilizes a hard copy system for issuing and processing parking citations. In order to enhance efficiencies and save costs, the Police Department will transition from the hard copy system to an automated system. Citations will be issued using handheld electronic devices and uploaded to Phoenix Group saving processing time and costs. The automated parking citation system is expected to provide a substantial savings to the City, in excess of $50,000 for the first year, when compared to the current agreement in place. The first year of the agreement includes $151,083 for citation processing, equipment maintenance and supplies, and $48,936 for equipment, for a total of $200,019 the first year. Years two and three of the agreement include $143,583 for citation processing and supplies, for a total three -year agreement amount of $487,185. FISCAL IMPACT Funds are available in the Police Department, Traffic Division Fund (account no. 01114405 62300) and CDA — Parking Meter Fund (account no. 02718860 62300). J i Carlos Rojas Acting Chief of Police Police Department Nancy Fong, AICP Interim Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 25A -2 AGREEMENT FOR AUTOMATED PARKING CITATION PROCESSING AND THIS AGREEMENT, made and entered into this 16th day of December, 2013 by and between the Phoenix Group Information Systems, 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 The City desires to retain a Contractor having special skill and knowledge in the field of processing of automated parking citations. The City also desires to purchase twenty (20) hand held e- citation ticket devices, software, and a service plan for the devices. The City issued a Request for Proposal for Parking Citation Processing Services ( "RFP" 13 -051) in September 2013. Contractor was one of the six vendors that submitted proposals for RFP 13 -051 and was awarded the Agreement because after evaluation of all of the proposals, Contractor was the lowest responsive proposal. 2. Contractor represents that Contractor is licensed by the State of California to provide Automated Parking Citation and Processing Services and that it is willing to provide such services and devices as outlined in its proposal in response to RFP 13 -051. 3. hi 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 Automated Parking Citation and Processing Service firm. 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: TERMS AND CONDITIONS 1. TERM The term of this contract shall be for three (3) years. It shall commence the date of City Council award and approval of all insurance and bonds, and terminate on January 1, 2017, unless earlier terminated as set forth in Section 8 of this Agreement. 2. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services for the total three year period a sum not to exceed $487,185. The rates and charges are set forth in contractor's proposal, attached hereto as Exhibit "A" and incorporated by reference. The breakdown of the Agreement cost for each year of the Agreement is set forth below. 25A -3 *Estimate Based upon the citations processed in 2012- 2013 Year 1 Year 2 Year 3 Processing $107,512,50 $100,012.50 $100,012.50 Hearing Officer $3,960.00 $3,960.00 $3,960.00 Equipment $48,936.00 $0 $0 -Equipment Maintenance $8,800.00 $8,800.00 $8,800.00 -Envelopes $3,750.00 $3,750.00 $3,750.00 -Paper $4,710.00 $4,710.00 $4,710.00 F'TB Collections $22,350.00 $22,350.00 $22,350.00 $200,018.50 $143,582.50 $143,582.50 3. INVOICES The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. All invoices for work performed under this contract shall be submitted in a format approved by the City, Invoices shall include the following infonation at a minimum: A. Contractor's invoice number; B. Beginning and ending dates for services; C. City project; number and/or name (if applicable); D. Work site address /location (if applicable); and E. Unit cost, subtotals and total for invoice Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and will not be paid. 4. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract 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 marmer in which contractor performs the services required by this contract. However, the services to be provided by contractor shall be 25A -4 provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. INSURANCE Prior to undertaking performance of work under this contract, 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 there from and damage to property, resulting from any act or occurrence arising out of contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles, The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s) in a form approved by the City Attorney's Office; (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. Contractor shall maintain business automobile liability insurance or a similar form, with a combined single limit of not less than One Million Dollars ($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 is required to be insured against liability for Workers' Compensation or to undertake self - insurance, Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. D. If contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. E. The following requirements apply to the insurance to be provided by contractor pursuant to this section: 1. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. 2. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney, 3. Certificates and policies shall state that the policies shall not be canceled 25A -5 or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 4. 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 contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified patties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and/or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. 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, sent by facsimile communication, or via e -mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 25A -6 Fax 714- 647 -6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 245 -8007 Attn: Chief of Police 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: Phoenix Group Information Systems, Inc. 2677 North Main Street, Suite 400 Santa Ana, California 92705 Fax (714) 384 -0151 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting fax machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, county. Ro city holidays shall be excluded, 8. TERMINATION The City reserves the right to terminate the contract as follows: A. In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely mariner, City may assess liquidated damages and /or terminate the agreement forthwith by giving written notice as set forth in this agreement to contractor's 25A -7 project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. B. This agreement may be terminated with cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. C. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. D. The City shall have the right to terminate this Agreement without cause upon sixty (60) days written notice to the contractor. 9. DELIVERY OF HAND HELD CITATION DEVICES City has purchased pursuant to this Agreement twenty (20) hand held e- citation devices and printers. Contractor promises to deliver the hand held e- citation devices and printers complete with software installation and ready to be used by officers in the field no later than April 2, 2014, unless both City and Contractor agree in writing on another date for delivery. 10. CONFIDENTIALITY AND FILE SECURITY Reasonable security provisions will be provided by Consultant to ensure that access to the City computer records and files will be available to the City and any public access mutually agreed upon by Contractor and the City. Consultant cannot guarantee against loss or alteration of computer records but will take reasonable precautions to prevent such occurrences. Consultant will hold all City data in strict confidence pursuant to the terms of this Agreement. If either party receives from the other party information which due to the nature of such information is reasonably understood to be confidential and /or propriety, the receiving party agrees that it shall not use or disclosure such information except in the performance of this Agreement and 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. 25A -8 Confidential information disclosure to either party by any subsidiary and /or agent of the party is covered by this information that (a) has been disclosed in publically available sources; (b) is, through, no fault of the receiving party disclosed in a publically available source; (c) is in the rightful possession of the receiving party without 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 other party. 11. LIQUIDATED DAMAGES If the City determines that the contractor failed to cure its default as set forth in section G of this agreement, the parties to the agreement agree that it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the surn of $500 a day for such breach, in addition to any cost, fines, etc, levied against the City. 12. COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS AND PROFESSIONAL LICENSES Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 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 as required by the law and regulations of the United States, State of California, County of Orange, and City of Santa Ana, and any other government agencies. Contractor shall notify City immediately and in writing of its inability to obtain and maintain such permits; licenses, waivers and exemptions. Such inability shall be cause for termination of the Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. ASSIGNMENT Inasmuch as this contract 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 City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. 25A -9 15. JURISDICTION —VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract 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 contract. 16. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. 17. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA CARVAHALO City Attorney By: Laura A. Rossini k Senior Assistant City Attorney 25A -10 RECOMMENDED FOR APPROVAL: CONTRACTOR Carlos Rojas Acting Police Chief Santa Ana Police Department Robert T. President Tax ID# 25A -11 Murphy Exhibit "A" 25A -12 a INFORMATION SYSTEMS GROUP Presents to the Ctty of A GOLDCN CITY �OVN.0 IB69 a Proposal Response to Request RFP 13 -051 Automated Parking Citation and Processing Services [date Submitted: Wednesday October 23, 2093 25A -13 � 4 P NIX M 11 ,11.111�1 1�3,pms CiRoup TABLE OF CONTENTS 25A-14 PI �' NIX �N lPRAIg41tlN 11511MS GROUP October 23, 2019 Santa Ana City Hall Attm Eva Goods Purchasing 14 1h Floor 20 Civic Center Plaza Santa Ana, Ca. 92701 y Y A V t Yp. ^iY,i P'P'P.P 2677 North Main Street Suite 400 Santa Ana, CA 92701 Telephone: (714) 460.7200 Pax: (714) 384.0151 Re: RFP NO. 13.051 Automated Parking Citation and Processing Services Dear Ms. Goods, Commander Ibarra, Corporal Wharton, and members of the Selection Committee, Phoenix Group Information Systems (Phoenix Group) presents our proposal for Automated Parking Citation and Processing Services to the City of Santa Ana. City staff Is currently using our proprietary Parking Citation Program, WINCITE. They can attest that our program is a proven, fully comprehensive, state of the art web application that allows full access to all citation data, communications with citizens, payments, and reports, as well interfaces with Di FTS and collections via secure web browser. Why should the City continue working with Phoenix Group? ➢ Phoenix Group has a quantifiable collection /disposition rate of over 94% for City citations Phoenix Group has met and exceeded all City requirements r Phoenix Group Customer Service Representatives are experts in dealing with City citizens Phoenix Group has been a California business partner for over 24 years — longer than any other service provider Phoenix Group currently provides services to over 200 California agencies — more than any other service provider In addition, Phoenix Group offers the following solutions that will increase City revenue and decrease the workload for City staff: A delinquent collection program A check processing service that enables Phoenix to scan all checks received and send to the City a daily electronic file A cash payment option that allows citizens to pay at any of five locations throughout Santa Ana Scanning and indexing of citations Noticing and collection of: booking fees, DUI fees, false alarm fees and administrative citations A Permit processing 25A -15 PIS NIX iNF4XMPIVN 1Y$Yp.M9 GRgIJp I; ! % f As president and officer of the Phoenix Group Information Systems, I have full authority to negotiate a new contract with the City of Santa Ana. All Information, fees and services In our proposal are valid for a period not less than 120 days, We look forward to meeting with Selection Committee, reviewing our current success and presenting our new services. Dawn Carrier will serve as the primary contact for the selection process and this procurement selection, She can be reached at (714) 460 -7200, Thank you for your consideration. We look forward to continuing our partnership with the City of Santa Ana. Most Sincerely, Robert T. Murphy Dawn Carrier President Vice President of Client Services a 25A -16 PI EENIX NFW -,ru,n 1a101, GROUP SECTION A— STATEMENT OF QUALIFICATIONS Phoenix Group has the time tested proven systems, expertise and qualifications necessary to exceed the City of Santa Ana requirements as outlined In the RFP, Phoenix Group's corporate philosophy of forming a "partnership" with our clients and our demonstrated commitment to continue providing unmatched service to agencies and their citizens is second to none. Phoenix Group is fully capable of completing the work for the City in a timely and competent manner. While the following chapters will go into greater detail regarding the features of our WINCITE system, the Phoenix Group client references, and corporate organization, highlights of our proposal include: A corporate philosophy that promotes a "Client as Partner" approach with a commitment to communication, service and attention to detail r A proven, mature, comprehensive processing system that is user friendly and fulfills all of the City's specifications References who will attest to our "get the Job done on time and as economically as possible" spirit Y Daily import of citation data (including manual entry) and payments r Strict adherence to all timeilnes required by the City Y Notices and collection letters that are customized as per the City's specifications Documented implementation, training and support plans r Access to In state and out of state DMA/ information "r FTB noticing, social security number acquisition, and submission of account Information to the FTB ➢ Phoenix Group Information Systems offers the latest In handhold enforcement device technology. Delinquent payment collection services > A highly experienced, professional team that is dedicated to all aspects of client service r Well trained, conscientious customer service representatives who truly understand that they represent the City in all their communications with citizens 25A -17 PHZ'; NIX "I"., aMw h ry eo vmna o"I"., GROUP "1JIdV." FIRM AND PERSONNEL EXPERIENCE For over 30 years, Phoenix Group has been partnering California agencies to create and manage best. practice processing and collections solution. The team below has been providing all services to the City of Santa Ana on a dally basis, Our senior management team has extensive Industry experience and our customer service representatives are all fully trained and experienced in assisting the residents of Santa Ana. There will be no 'learning curve" — a benefit to the City, Our organization chart highlights the number of years' experience working in the citation processing industry and /or with Phoenix Group. 6 25A -18 inaa nma non 111'ua4 GROUP ROBERT T. MURPHY, PRESIDENT Bob has served as President of Phoenix Group since Its founding. He has been instrumental in providing vision, leadership and Innovation and has led Phoenix Group in continued, substantial growth. In his position as President, Bob's focus is to ensure ongoing contractual compliance, and oversee operational and financial controls for Phoenix Group's clients. DAVE ROTENBERG, CHIEF OPERATIONS OFFICER Dave has been responsible for ail technology systems for the City of Santa Ana's processing program and will continue to do so. He has successfully Implemented over 150 projects over his 13 years with Phoenix Group and has been Instrumental in enhancing systems and technology Including our new Android enforcement device solution. Dave will also work directly with the City In Insuring a smooth implementation of new initiatives. MARSHALL CLEMENT, DIRECTOR OF INFORMATION TECHNOLOGY Marshall has vast experience in computing infrastructure. Marshall and his teams handle all database operations Including daily, weekly, and monthly file transfers to and from the City, Di collections and the FTB. DAWN CARRIER, VICE PRESIDENT OF CLIENT SERVICES While Dawn is new to Phoenix Group, she has a long history as Vice President of Client Services with Law Enforcement Systems, a division of Duncan Solutions. She was Instrumental in implementing violation processing and collection programs and acting as primary liaison for over 30 California entities including the Cities of Newport Beach, Norwalk, Burbank, Berkeley, as well as The Orange County Toil Authority. She is responsible for the creation and operation of Phoenix Group's new, in house collection company; Violation Collection Associates. ROSE DOMINGUEZ, DIRECTOR OF OPERATIONS Rose is a highly trained, veteran processing expert. She Is responsible for providing "best in class" services for both the City of Santa Ana and the City's citizens. Rose trains and supervises teams of customer service representatives and payment processors, She has been the primary day to day contact with the City and will continue to be so. Elfsa Leanos, Sr. Administrative Analyst Elise has been responsible for providing all reports for the City including end of month reconciliation and Invoice, DMV, and FTB reconciliations. She assists both the City Police Department and City Finance Department on a regular basis. Denise Ortega, Marketing Assistant Denise assists with program implementation, ongoing client support and monitoring contract compliance. She too is an expert In the WINCITE system. City Police Department officers contact her on a regular basis with questions regarding plate Information, reviews, and report generation. Customer Service Representatives Phoenix Group has a proven, experienced, well trained team of Customer Service Representatives. The Phoenix philosophy is to treat all callers as "customers ". Call notes are entered for the citation history. Each member of the team is bilingual, 25A -19 ill Plrev -NIX ,�rF - INIQRM�11.11111'cMS GRPUP .`&!i "�_�,_ �, :err..{' WORK APPROACH PROCESSING SYSTEM. WINCITE Phoenix Group's processes, procedures and systems have proven to meet or exceed with the City's scope of service requirements, Our proprietary Parking Citation Processing Program, WINCITE, Is a fully comprehensive, state of the art web application that provides a fully Integrated hardware and software solution. Our user friendly system allows full access to all citation data, communications with citizens, payments, and reports, as well as DMV, FTB and collections Interface via secure web browser 24/7, Remote access is provided to the City at no additional cost and is accessed as often as necessary. Individual user authentication with various degrees of security is In place and can be changed as necessary. Phoenix Group provides over 200 California agencies with the services and features that the City expects. Phoenix Group will meet with the City to review any new or additional system enhancements or services. WINCITE and our internal processes and procedures are fully functional, well documented and automated, Our system and approach includes but Is not limited to the following features: • Electronic facsimile of the original citation either by an electronically recreation of all citations or via an image of the citation taken at the time the ticket is Issued If using Phoenix Group hand -held enforcement equipment and software, • All citation information with the ability to search by citation number, license plate, VIN or registered owner or DP placard number If captured • Registered owner Information, including the VIN number and any additional names if previously owned and cited, and also include a driver's name and address if applicable • Current status of the citation, DMV Inquiry, hold, and release information • Delinquent notice information, due date, mailing date, and importantly, both the make on the citation and the make provided by DMV • Administrative review, hearing court appeals and disposition information • Payment Information, Including all dates, amounts and payment codes • Daily interface to CA DMV for registered owner information, holds and updates, and to out of state DMVS for registered owner information • Automatic daily mailing of all notices that Includes address update Information * Daily Interface to City Collection agency for placements and updates — if required or, to Phoenix Group Collection Partner • Yearly FTB noticing, social security number acquisition, and submission of account Information to the FTB Payment and Deposit Processing • Payments by telephone to Phoenix Group Monday — Friday 8:00 am — 5:00 pm, by Internet at customized City site 24/7 or at the City • Citation information and payment updates all in real time 25A -20 Pi ca NIX INY9 RIIr�11Y1N 4Y51'P.NS GROUP e�,y Le". i N • Mail retrieved daily from Phoenix Group local post office box • Payments entered Into WINCITE, verified for accuracy and processed within 24 hours • Deposit ticket copies are automatically emailed to the City by 6 pm dally • All source of payment Information and NSFs are tracked for easy reconciliation • WINCITE allows the City to change a payment due date and automatically updates all further processing as per the new due date • WINCITE tracks all voided, cleared, dismissed and citations sent to administrative revlow /hearing with separate disposition codes • WINCITE accounts for all surcharges as required by GC Codes, PC, and CVC 40226. This information is reported in detail on Phoenix Group monthly revenue distribution report (PC740), • Monthly reconciliation of all payments deposited at Phoenix Group with monthly deposit reports sent to City Partial Payments: accepted as per City policy. Phoenix group sends letter of balance due to citizen, Web Security; Phoenix Group is a certified credit card processor, meeting the requirements on our site to comply and meeting the Cardholder Information Security Program (LISP) Compliance, NE9/li PAYMENT OPTION N Phoenix group will be offering citizens the ability to pay citations via cash 24/7 at any one of ourrantly five locatlons throughout the City of Santa Aria. Once the payment is made, citizens are given immediate confirmation that their payment has been received and Phoenix Group is notified of the transaction in real - time. This will benefit those citizens who do not have a credit card, reduce walk In traffic at the City and may increase revenue. Phoenix group will be responsible for all implementation - No City involvement is necessary. Credit Card Charge Back • Payment is reversed and citation reopened • Annotated details regarding payment information and related correspondence entered Into WINCITE • Letter of dispute regarding the charge mailed to credit card company Unpaid citation letter mailed to citizen • All paperwork is retained by Phoenix group for later retrieval if necessary 25A -21 PA12ENIX mrll,MA,V }N 11516"5 GROUP 1 y4 V i Bank Returned Checks (NSF) • Payment is reversed in system • NSF fee automatically added without user intervention • Letter sent to citizen Refunds • CSRs record phone notes regarding refund request and enters refund code In WINCITE • Phoenix Group verifies that a refund is applicable and sands City and automatically sends a refund request via email or report every Monday • Weekly report emailed to the City to initiate refunds • Monthly report provides the City with all refund Information Contested Citations and Customer Service • Trained, experienced, bi lingual, Customer Service Representatives available Monday — Friday (excluding holidays) 8:00 am -- 5:00 pm • Average call wait time is less than 15 seconds • Over 20,000 calls per month and virtually unlimited capacity Tali free telephone number directs callers to Phoenix IVR 24/7 assistance • Custom City specific prompts and messages are in both English and Spanish • Real -time response and information regarding citation status, amount due, payment information, final date to contest etc. Phoenix Group will track all notes, conversation and CSR information • City has the ability to enter a phone note Reviews and Hearings • Review process as per City guidelines can he modified if necessary Mail -in requests are verified within 24 hours. Reviews are date stamped and forwarded to City. Hearings are date stamped. suspended and scheduled accordingly, WINCITE maintains a "Pending Review" status for outstanding reviews and hearings • All information is fully integrated into WINCITE including: • Process level, disposition, reason codes for disposition, dates of set -up and determination, time, reactivation date, ID number • Previous administrative activity and complete history of citation or plate is maintained • Comments • Disposition codes trigger a custom disposition letter mailed within 24 hours The WINCITE system allows the citizen to contest the citation online using our paymycite.com website. Phoenix Group has customized the header page for the City. 10 25A -22 Plea "ItN1X uFOau11111u 111"", GROUP gGryr F 4 yf Phoenix Group's Online Contesting meets the City requirements. System features include; • 'Contest the Citation' displays when viewing the citation but will not display If the timaline for contesting has expired • The system indicates if a citation has been dismissed, date of dismissal or if citation has already been contested • Citizens receive an email confirmation and can view their contest form for up to 90 days after the decision has been completed An automatic daily notification of pending review Is sent to the City The number of pending reviews Is available to the City using WINCITE.net. • Photos may be included by the public (up to three photos) as part of the contest form and are available for viewing on line by the City • The City also has the ability to attach any PDF or image document to the citation, such as a meter report, or copy of a placard. System Backup and (Disaster) Recovery Primary Host System,'Backup and Data Protection — Phoenix Group. Currently Phoenix Group's data is running on a Raid 5, which protects the data from hard drive failure. We recently completed an upgrade of our hardware that includes the addition of a complete redundancy server that will prevent possible failures from Interrupting service, • Citation data is copied In 30- minute increments to protect from data corruption and allow for a quick restore • Daily backups are performed seven days a week + One end of week backup is stored off site • One month of data is maintained on site • Ongoing monthly preventative maintenance monitors hardware, system reliability and can restore test data from external media to ensure the integrity of backups. • Should a system failure occur, clients would be notified Immediately via e mail II 25A -23 IMPLEMENTATION PLAN As Phoenix Group is currently providing a successful processing and collection plan that meets or exceeds all the requirements of the RFP, no transition (vendor to vendor) plan is necessary for the processing program. All services will continue without interruption and without any potential loss of revenue. Phoenix Group proposes the following plan to further maximize revenue for the City; Current Processing Program 1. Negotiate and execute contract documents 2. Re - Introduce experienced, task - oriented, client focused managers to the City — within one week of award 3. Review and consult on City business rules, processes and procedures, and report requirements — within one week of award 4. Introduce Phoenix Group New Services and establish policy and procedures - within one week of aware 5. Confirm City approval of all notices, letters and customer service scripts — within one week of award 6. Confirm work flow — within one week of award 7. Confirm and update City Users and security requirements — within one week of award 8. Update operations manual as necessary — within two weeks of award 9. Conduct on -site training as needed — within one week of award and ongoing Additional New Services 10, implement Check 21 process between Phoenix Group and City -- Six week implementation 11. Implement, test and go live with Phoenix Group Collection services as required —two week Implementation 12. Implement, test and go live with Phoenix Group Permit Processing program as required — two week implementation 13. Implement "Pay Near Me" payment option for City citizens — currently implementing ONGOING SERVICE 14. Comprehensively test and refine systems and processes, training as needed, on site meetings as required, customized report generation, now service implementation 12 25A -24 NIX GROUP SECTION B-- EXHIBIT C - PROPOSERS STATEMENT/PRICING 14 25A-25 P " UNIX irixnemnrrory sys remv CROUP (D SECTION I — ENHANCEMENTS NEW Phoenix Group currently interfaces and recommends the following handheld ticketwriting devices. All Include camera and printer with software to upload citations to WINCITE, All options feature automated wireless syncing, color cameras, advanced power management and the latest touchscreen technology. ##1 Android /Apex3 Ticket Writers • Android Operating System • User - Friendly and familiar to any user of Android smartphone or tablet • GG LTE connectivity — full time on -air connection • Fast automated real -time citation, photo and data syncing • Various rugged case options available • Wireless and Cellular Connectivity • GPS Capability Color camera Android Solution: M2M (Machine to Machine) data plan ready Casio Ticket Writers • Microsoft@ Windows Mobile Operating System • Integrated printer • Color camera 00 • Increased memory and performance Up to 20B+ of additional memory may be added Motorola /Apex3 Ticket Writers 3" • Microsoft® Windows Mobile Operating System • Data Plan capable • Rugged mobile computer and phone all in one • Parking Citation Production • Wireless Connectivity - WI- FI/CDMA -EVDO Rev A /GSM • GPS Capability • Advanced ergonomic design 23 25A -26 PZNX IAI�tl R.N fi'IJM 11111M1 cRPUP Datamax- O'Neil Apex 3 Printers: • 3" direct thermal printer (no Ink) • Lightweight and small • Fast, Lightweight and Cost - effective Easy to Use - Simplified LED lights Indicators • Endurance - High Capacity Li -ton battery can last a full day • Charging Options - AC adaptor and vehicle charger options *Alternative printer options available upon request #2 SCANNING OF ORIGINAL CITATIONS Phoenix Group Information Systems has the ability to scan all original hardcopy citations to a digital format for easy retrieval. In addition, we are in the process of upgrading this feature by allowing automatic attachment to the citations record in the Wincite web interface. This enhancement will allow the user to retrieve a copy of the scanned citation when they Inquiry a citation. This feature already exists for handheld citations. The upgrade is expected to be completed in 60 days. #3 CHECK 21 NEW PA YMENT PROCESSING SOLUTION; Check 29 Phoenix Group is Implementing a new service for the City of Santa Ana that will significantly reduce the workload of city staff. Phoenix Group will be responsible for total process integration This enhanced service will be available within a month of the bid being awarded Phoenix Group is has partnered with Bank -Up to provide check 21 processing for the City of Santa Ana, Bank Up Corporation is a growing provider of technology solutions and services to financial institutions and government agencies. Founded in 1989, Bank Up works with more than 70 customers across the country. Headquartered in Alameda, California, the company also has offices in El Monte, CA, In 2010, the City of Sacramento contracted with Bank Up to provide parking citation processing services. This "Best of Breed: solution will be fully managed by Phoenix Group and will include: • Scan lines on all letters sent by Phoenix Group • Remittance processing done at Phoenix Group • Full reconciliation of checks and remittances • Scanning, capture, online archive and retrieval of all check images(front and back) in WINCITE • Creation of Check 21 files for electronic bank deposits and upload files into WINCITE • An electronic update to the City's accounts receivable system, If desired #4 EASY PAY. PAY ANYWHERE Phoenix group will be offering citizens the ability to pay citations via cash 24/7 at any one of the locations throughout Santa Ana. Once the payment Is made, citizens are given Immediate confirmation that their payment has been received and Phoenix Group is notified of the transaction in real -time. This will benefit those citizens who do not have a credit card, reduce walk In traffic at the County and may increase revenue. 24 25A -27 P4�,4.f 0-il_ N I x ixaux,nnnnM 1+91pMp GROUP 4, u n. t' #5 RECORDING OF ALL CALLS Our state -of- the -art voice over IP phone systems has the ability for any call to be recorded on demand, saved and attached to a citation record at anytime. In addition, this system is going to be upgraded allow for every call to be automatically recorded and stored for easy retrieval without user intervention. We expect this upgrade to be complete within 90 days.. #6 STOLEN PLATE DATABASE The Wincite Mobile handheld enforcement system has the ability to alert the user when a stolen plate is located in the field. In addition, this feature will be undergoing an upgrade to Improve the user interface for management the stolen plate database, We are also expanding this access to 3 "d party access to such programs Police Records Management systems (RMS), cashiering programs (INovah) and any other programs that the City may desire, #7 COLLECTIONS Phoenix Group welcomes the opportunity to analyze the City's current collection process and backlog of unpaid citations. We will then provide an estimate of additional revenue that the City could expect to recover using Phoenix Group's Delinquent Collection Program. Phoenix Group Is bringing collection services in -house under a DBA, Violation Collection Associates. Dawn Carrier, formerly of Law Enforcement Systems, managed the collection process for all ICMS /Duncan Solution California clients and will be running VCA, This program is being engineered using leading collections application and Infrastructure components that will exceed client requirements, Currently, Phoenix Group partners with Collection Bureau of America, Ltd. (CBA) to perform delinquent collections services. CBA has been servicing municipalities within the state of California for over 50 years. They are a Minority Owned Business (MBE), a State of California certified small business, certified through the California Public Utilities Commission (OPUC) and are licensed /authorized to collect in all 50 states. Their current collection recovery rate for municipal clients is over twenty percent, Phoenix Group is confident that our delinquent collection program will return more revenue to the City than the City's current vendor, Our collection approach Is specific to municipal debt and features; • Total compliance with all ACA, FDCPA, State laws and regulations • Daily file transfers of new placements and payments Average time from placement to first collection action less than 24 hours • Advanced, "waterfall" skip tracing Outbound calling with predictive dialer • 24/7 payment systems with multiple payment options and payment plans Bi- lingual notices if necessary • Dispute resolution • City access 24/7 to real time account data with the ability to update, modify, place or recall accounts + Optional credit bureau reporting and /or civil judgment filing and enforcement • Full comprehensive access to auditing reports Phoenix Group will still continue the communication with your current collection agency but wanted to inform you of your options. 25 25A -28 EXHIBIT C - REVISED CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR AUTOMATED PARKING CITATION AND PROCESSING SERVICES PROPOSERS CERTIFICATION AND PROPOSAL ITEM PRICING Certf )cation -I certify that I have read, understand and agree to tha terms and conditions of this Request for Proposals, I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am fami car with all the existing conditions and limitation that may Impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be all Inclusive and based on the scope of services described in Exhibit A. City reserves the right to include or exclude services noted as "aptlonal" in final agreement. Quantities below are estimates only. Actual annual quantities may vary. 25A -29 i I ~ ^Cost :' Untt,"-= Est.'QuaslYRy` ititta ,r rsShcl +; ^ri 1 Parking Citation Processing. Handwritten $ 0.40 Each 75,000 $ 30,000.00 2 Postage, Printing, god Handling- First Notice $ 0.70 Each 50,000 $ 35,000.00 3 Postage, Printing, and Handling — Second Notice $ 0,70 Each 2,500 $ 11750.00 4 Partial Pa mentNative - $ 0,70 Each 1600 $ 1,120.00 5 Refunds $ 3,60 Each 375 $ 11312.50 6 Lattars -AII Types $ 1125 Each 15,tl00 $ 18,75000 7 Payment Processing included Each 75000 Included 8 All credit card serviceehargasand fees borne by vendor Included Each Varies Included 9 Socialsecuritylearch Included Each Varies Included 10 Phone Support and Web Access Included System 1 Included 11 clearing Fees -• - - -• NO CHARGE Per Hearing 248 NO CHARGE 12 Reports Included Each Varies Included 13 14 out of State Processing. List all other fees /Convenience charges below, If any: 35 % $53,300 $1$830 Citation Scanning $ 0.01 Each 75,000 $ 750.00 Hearing Officer Hours $55.00 per hour with 4 hour minimum Online Contesting Reviews R, Hearings NO CHARGE Stolen Plate Management Module NO CHARGE Cail Recordin NO CHARGE Pa NearMe NO CHARGE Total $ 107512.50 25A -29 i I O t7gnai $arvlae�, -„ l I Parking Citation Processing- $ 0.30 Each 75,0Q01 $ 22,5Qq 00 Automated (Optional) 2 Handheld Citation Issuance, $ 1,224,00 Each 20. $ 24,480,00 Machines (All Inclusive system Including software, training, maintenance, etc.) (Optional) 3 HandheldCltatlonSystem— Annual $ 8,80050 Each 1 $ 8,800.go Maintenance (Optional) Years 2+ 4 Percentage of FT8 Collections Kept 15 % $149,0017 $ 22,350.00 (Optional) 5 special Collections Fee • Collection 27 y, Agency 8Y. Discount for Collections assigned within 90 days 6 Permit Processing Fee $0.95 Per Permit 7 Permit Management Module NO CHARGE 8. Additional Programming forperrnit $125,00 Per Hour Program 9 Remit Style Citation Envelopes $ 0:05 Each 75p00 $ 3,75p,gq 3150" X 8.25' Phoenix Group Information Systems P: (714) 460.7200 F: (714) 384 -0151 Legal Name of Company Phone and Fax Numbers 2677 N. Main St, Suite 40C Santa Ana CA 82705 Business Address ---- (If 25A -30 PI NIX GROUP SECTION C- EXHIBIT D - REFERENCES 15 25A-31 'stir nun' CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR AU List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications, Attach additional pages if reg iced. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Aeaiv,rn Contact Individual; iur�, -C ova a g Address: y �� Phone Number: _ _( AA) . 12,_ Arw\SAim i CA -82.5p Facsimile Number:_ 42N), 7y - ysyz Contract Amount: ,3g 7Cp rra Year: zOlN Description of supplies, equipment, or services provided: 4ce0WX) C-\mmon Mana�QmgrFl ttardhakjs, 4e ffi 5 Reference Customer Name: .- \L%p nacYL -C:a� e. Contact Individual: Aoa ,ye fav� Address: Phone Number: — L%Y �—w Facsimile Number: . �2,4g) Contract Amount:. It, - 0aa ---0X, Year: Description of supplies, equipment, or services provided: C'acK�nu� Gt�;nn J�urnu��rna.n'r1 �andhe \cia Reference Customer Name: n p" CCMa. Contact Individual: Address: _736_y Phone Number: —aLm 1 CF+ 9 � _ Facsimile Number: ContractAmount: 35�rza� C]n Year: 7017. Description of supplies, equipment, or services provided: PacW;+rua Cika�nn Ma c+�r wrr4 " Hardheads pa4mik•5 25A -32 A� A P - NIX CROUP ADDITIONAL REFERENCES —Agen-oy Contact �Infor�i Address 4 Services Contract Name Information City of Westminster , Jeremy. )MY Fletcher her c Email: J—FigLchergWoatminste 8200 Westminster Parking and Client Since 2009 (Traffic Bureau Blvd. adrnlnlstrativb citations 1 4 Contract Value: CA.go Investigator) Westminster, be. management, DUI, I $ 30,489.76 ��'y ' Phone; 71.4-548-3833 92683 a nd, Cost Recovery off Marie Sy Email: M8762 soOd com 625 S Del Mar —Parking citations Client Since 2009 Ave management Phone: 626-308-2848 San Gabriel, Ca, Contract Value: 91778 $ 34,128.13 City of Del Mar Eric Sandy (Parking —Email:— esandY@dalmar.caws 1700 Coast Blvd Dot Mar, ca. Parking citations Client —Since 1992 Sergeant) 92014 management Contract Value: Phone: 858-755-1556 $ 49,718.79 city of an PoTfe---'- E Zali. jean--P00I80XNARDPD 21FS t h —� r�in dlt—ns — —Clle—Tgcj 9�9Oxnard Street Management ORG Oxnard, Ca, Contract Value: 93030 $ 59,614.99 City of Tad Dorribro,ski Email 131 W —Isabel Glendale (Parking Manager) TD6 I I lend t Parking Citations - a C , I I ant Since 2006 GI n C )a 11 Management ',e 81a -937-83 .... . 91206 , Contrast value Q32,464,99 16 25A-33 iaroxn�nnev sa rsas GROUP u w. .. YI. I:Y.O N'�•. Agency Contact Contact Information Address Services TContract Name Information j City of Joslyn Blakely Email: 15909 E. Main Parking citation Client Since I La Puente Jblakely0lanuenta ora Street management Aug. 2013 -.- : - la Puente, Ca. - - - Phone; 626 - 855 -1510 91744 Contract Value;' . $1000.00 City of Jeff Hartung Email: 245 E. Bonita Parking citation Client Since San Dimas ihartune ct7ci san- Ave. management and 2009 s.ca.us San Dimas,: Ca. permits 91773 Contract Value: Phone: 909 -394 -6203 _..__ $11,259,00 Gounty oP Sgt. Email; - 2220 Tulare St. Parking citation Client Since Fresno Calzacorta acalzacortalrbco fresno ca Plaza Level management 1998 us Fresno, Ca, 93721 Contract Value: Phone: 559-600-6785 $22,243,D2 City of l inda HuffEmall; - 11330 Bullis Parking citation Client Since Lynwood Ihuff(@.Iynwood,cQg,,g,@ Road management Feb.2013 Lynwood, Ca, Phone; 310.603.0220 90262 Contract Value; $38,700.00 Los An "R @a Melvin Emall 125 N Beaudry ' Umfled rmelvtnQMAtL laspd coin Ave Los 'Parking otation Cllent5ince' ' School Angoies, Ca management 1994 pistrict Phone. 213202 -4567 Contract value: f $23,933.35` "When the competition starts recommending you and the overwhelming consensus among the customer is that Phoenix Group does the bestjob, it is a closed case." Eric Sandy, Parking Sergeant — City ofDel Afar 17 25A -34 P NIX CROUP SECTION D - EXHIBIT E - PROPOSERS STATEMENT 18 25A-35 CITY OF SANTA ANA *1 • ` t a • PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the properly of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained In the specifications, the certification of nondiscrimination by contractors, end the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title _ ym::a psi Date _ iolzzl zoz 25A -36 Phi °cX IX nicnx�nntr >ni ,ravens GROUP h Y 2 Y SECTION E - EXHIBIT F- CERTIFICATION OF NONDISCRIMINATION 19 25A -37 E CITY OF SANTA ANA REQUEST F07 PIP ILL 11 KI CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows; 1 The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2 The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that ell qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3 The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4 The contractor shall comply with all provisions of Executive Girder 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5 The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of Investigation, to ascertain compliance with such rules, regulations, and orders. 6 In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations; or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 1,1246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law, 7 The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders cf the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965 so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved In, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. a Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stata. 1039, and as emended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as 25A -38 Firm Sign provided in Section 1420, and any contractor violating this section Is subject to all the penalties Imposed for a violation of the chapter. Date to �azj b» 25A -39 Pf , NIX +Npnen +n-iaa, s +s rcus GROUP .p k� SECTION F - EXHIBIT G - RESPONSIBLE PROPOSER/QUESTIONNAIRE 20 25A -40 EXHIBIT CITY #' SANTA ANA {, How many years has your organization been in business in California as a contractor under your present business name and license number? 2year If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? $ 2,100. 000 3. Is your firm currently the debtor in a bankruptcy case?[] Yes No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers my to a bankruptcy action that was not described In answer to Question 2, above., Yes No If "yes," Indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Piled 5. Has any California State License Board license held by your firm or its responsibie�r sanaging employee or responsible managing officer been suspended within the last five years?j] Yes L� No S. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? 0 Yes M No 7, Has your firm ever defaulted on a contraot ?C1 Yes M No If "yes," explain on a separate page. 8, in the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise revented from bidding on, or completing, any government agency project for any reason ?d Yes No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? El Yes ® No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution,) City of Santa Ana — Automated Parking Citation and Processing Services 25A -41 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? 0 Yes 9 No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, If resolved, a brief description of the resolution.) 11: At anytime during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf In connection with a project, either public or private?[] Yes Ll No 12, In the last five years, has any in�su rice carrier, for any form of insurance, refused to renew the insurance policy for your firm ?❑ Yes i� No 13, Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty Ina criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes I{I No 14. Has your firm or any of its owners, officers or partners ever been convicted of federal or state crime of fraud, theft, or any other act of dishonesty? ❑YesEONo If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, If you wish to do so. n4 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of tim when your firm had no surety bond in place during a project when one was required ?❑ Yes 17 No 4 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any °sews;' "willful" or "repeat" violations of Its safety or health regulations in the past five years?[] Yes M No (Note: It you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not Include Information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 1 i3. Has the Federal Occupational Safety and Health Administration cited and assessed penalties again the El or its associates in the past five years? Yes No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. �t 1 City of Santa Ana— Automated Parking Citation and Processing Services 25A -42 19. During the last five years, has there been more than one occasion in which the General contractor or Its associates have been penalized or required to paack wages for failure to comply with the federal Davis -Bacon prevailing wage requirements f© Yes V No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. City of Santa Ana - Automated Parking Citation and Processing Services f\.,...., nA 25A -43 PH"4f NIX INFOgMPilt'IN 5�`i �'q N$ CROUP yypp��//,, A� �^ 5 I SECTION G - EXHIBIT H - NONCOLLUSION AFFIDAVIT 2l 25A -44 EXHIBIT H CITY OF NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive, or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put In a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained In the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged Information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal, Note: The above nanoollusion affidavit is part of the proposal. Sigriing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit, Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. t"t , State of California, County Subscrib d and sworn to (r affirmed} before ma on this �'� day of ._, 202,x,, by _K proved tome on the basis of satisfactory evidence to be the porson(gj�who appeared before me. Wiry-M10,91gn' qtr DOMINIC X.MESTAS COMMiaslon # 2441315 Notary p0 fir. ralirorala nrangC County CoM011x esSe 14,2017 Notary Public Seal y ! Page 31 25A -45 State of California County of "Q" r� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ('rltla or dasulpnon of attec ed document) 4 - -,Euz (Title ordeseupdon ofatlnehed document continued) Number of Pages Document Date (Additional infartnatioto CAPACITY CLAIMED BY THE SIGNER ❑ Individual(s) ❑ Corporate Officer (Tldtl) ❑ Partner(s) ❑ Attorney-in-Fact ❑ Trusteo(5) ❑ OPher 20ORYonion CAPAv12.10.o7g00•s7] -9965 ww .WWryUAssss,uom INSTRUCTIONS FOR COMPLETWO THIS FORM Airy acknowledgment completed in California most contain verbiage exactly as appears above in the notary section or a separate acknowledgmara£ aria mint be properly completed and attached to that document. The only axsapdan is if a doomrent fs to be recorded outride ofCalobtrila in such tnstancee, ray atternativo nekrwwtadgmenf verbiage as may be printed an such a document no long as the verbiage does not rc9uMe flux twtary to do something flat is illegal fora notary in California rl,e, aart6mg the ardhorraed capaaify of the signer). Please cheek the doo-mnant earefirl(yfor proper wtmtal wording and attaehthisform sfragubsd, • State and County Information most ba the State end county wham the document signers) personally appeared before the notary public for aoknoWledgment, • pate of notarization must (o am data that the signers) personally appeared which must also In the same date the acknowledgment iscampleted, • The notary public must print big or her name As it appears within, his or hot commission followed by a comma And then your tide (notary public), • Print the camels) of document signers) who personally appear at the time or notarization. • Indicate the contact shrgulat or plural forms by crossing off incorrect forms (Le. he/shetgtey, is lose) or olroimi; the correct forms, Failure to correctly indicate Chia information may lead to rejection of document recording, • The notary seal impression most be clear and photographically ropmdueibie. Impression most act cover text or lines, If seal impression smudges, taWoal if a sufficient area permits, otherwise completo a different Acknowledgment force • Signatwo of the notary public must match the signature on file with the office of the county clerk, v Additional information is not required but could help to ensure (his acknowledgment is not misused or attached to different document. •T Indiaam Cite or type of attached docwnent, number of pages and date. v Indicate the capacity claimed by the signer. If the claimed capacity is a corporate ofnuar, hylicam the villa (i.e. CEO, CFO, Swmtaty). • Securely attach this document to the signal docamemt 25A -46 N I >< uro au nrvou are rrsMS GROUP FINANCIAL RESPONSIBILITY (CAPACITY) Provided in a separate envelope. 13 25A -47 A' :W g u k h c��'r p rci1 25A -48 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: AGREEMENT WITH MUNICIPAL CODE CORPORATION FOR CODIFICATION AND ON -LINE PUBLICATION OF THE CITY'S CODES / CITY MAN R CLERK OF COUNCIL USE ONLY: U , , 1111M ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2od Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement with Municipal Code Corporation for a three year period in the annual amount not to exceed $25,000 subject to non - substantive changes approved by the City Manager and City Attorney. The City has had a long- standing relationship with Municipal Code Corporation "MCC" for codification and publication of its ordinances into code books. The City has paid $21.50 per page for supplements to our code books for the past three years and vendor has agreed to maintain their rates for the next three years. Supplements are distributed to various departments, county offices and law libraries throughout the State. The per page rate includes updated pages for the Table of Contents, the Index and Section listings for each new ordinance submitted. In addition, the City pays MCC $500 per year for publication of the Code via the internet. Additional services provided in the base rate include A Code Comparative Table supplied with each supplement which provides history of the ordinances codified. FISCAL IMPACT Funds are available in the Clerk of the Council's Office Contractual Services (account no. 01107031 - 62300). Maria D. Huizar Clerk of the Council Attachment: Contract APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance & Management Services Agency �� 25B -1 25B -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this — day of December, 2013 by and between Municipal Code Corporation, a Florida corporation (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal code republication 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 provide Santa Ana Municipal Code (hereinafter "SAMC) republication and update services in both written and electronic versions as set forth in Exhibit A to this Agreement. SAMC shall be published in a double column format, 10 point font. Updates will be provided on a semi -annual basis. Consultant shall also provide New Ordinances on the Web (N.O.W.) services 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $25,000.00 annually during the three (3) year Term of this Agreement; with aggregate payment not to exceed $75,000.00 over the three (3) year Term. b. Payment by City shall be made within thirty (3 0) 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. 258 -3 3. TERM This Agreement shall commence on the date first written above for a three (3) year Term with tennination date of December 31, 2016, unless terminated earlier in accordance with Section 12, below. This Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Due to the nature of the services provided, no insurance shall be required. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. CK1JL1[3 =JLLV /\ @I Jk1d 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 258 -4 possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified wider this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 With courtesy copy to: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (71.4) 647 -6515 To Consultant: Municipal Code Corporation P.O. Box 2235 Tallahassee, Florida 32316 Telephone (800)262 -2633 Telefacsimile (850) 575 -8852 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 256 -5 of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. hi 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 City Manager 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. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or r l� 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. fC1�111J��77 [�11�.[�J►��f�►111 DJ This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. 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. 259 -7 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: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney P CITY OF SANTA ANA DAVID CAVAZOS City Manager hR1ALCy 161,11 A. LAWRENCE LANGFORD President /CEO EXHIBIT A SUPPLEMENTATION QUOTATION SHEET FOR THE CITY OF SANTA ANA, CALIFORNIA 259 -9 PRICING SHEET FOR THE CITY OF SANTA ANA, CALIFORNIA November 6, 2013 Supplement Service Base Page Rate' Page Format Base Page Rate Double Column $21.50 per page Form Based Code, Ch. 41 only $45.00 per page Base page rate above includes • Acknowledgement of Material • Data conversion, as necessary • Editorial Work • Proofreading • Indexing Creation of Tables2 • Schedule as selected by City': Current schedule is semi - annual print each May and December. Supplements are completed within 30 -45 days and a set of proofs are provided to the City to review. Electronic supplements can be completed in 15 days if elected and the City can adjust the schedule anytime. • Updating Electronic version 54 (CDs and Internet) • Printing PDF copy of each supplement, sent via email for internal printing (no additional charge) Additional Services currently enrolled in that apply to Supplement Service • Code on the Internet with CodeBank', invoiced each October $700 ❑ The City can elect to remove CodeBank and pay only $550 per year • Transit Zoning Code on the Internet, per update $100 • Graphics & Tabular' matter, per graphic or table $10 • New Ordinances on the Web, per ordinance $25 • Freight, per supplement actual cost • State Sales Tax If applicable Optional Services to Supplement Service (please check) ❑ OrdBank, per ordinance $10 ❑ OrdLink /OrdBank', per ordinance $50 ❑ MuniPRO, 1 year subscription $495 All prices quoted in this section may be increased annually in accordance with the Producer Price Index — Internet Publishing and web search portals (NAICS 519130) as reported by US Department of Labor — Bureau of Labor Statistics. 2 The following tables will be updated and are included in the base per page rate: Supplement History Table, Code Comparative Table, State Law Reference Table and Ordinance History Table. An additional hourly charge applies for creation , modification, addition or updating any other table other than those enumerated in this footnote. ' Schedule for Supplements can be weekly, bi- weekly, monthly, bi- monthly, quarterly, tri- annual, semi - annual, annual or upon authorization. Electronic Updates can occur more frequently than printed Supplements. 4 We do not charge a per page rate for updating CDs or the Internet, however a handling fee may be charged. ' CodeBank is the nation's newest and most advanced code management tool. CodeBank allows you, your staff and your citizens to easily retrieve past versions of your Code with the simple click of a button! Historic versions of your Code are fully searchable and printable, making the task of researching and archiving your Code more efficient and less time consuming. Tabular matter is defined as tables, Algebra formulae, or other materials that require special programs or extra editorial time to modify and prepare for inclusion in an update. ' If Ord Link is selected the NOW service is unnecessary. REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: ENERGY EFFICIENCY PARTNERSHIP AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY TO DELIVER ENERGY EFFICIENCY PROG AND UCATION CITY MAMAGER 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 Authorize the City Manager and the Clerk of the Council to execute an agreement with Southern California Gas Company in the not -to- exceed amount of $56,000 in pass- through funds to implement energy efficiency programs in the community, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The California Public Utilities Commission has authorized Southern California Gas Company (SCG), in partnership with cities, to deliver energy efficiency programs to utility customers in SCG's service area. Staff applied for, and the City was awarded, an Energy Efficiency Partnership with SCG for 2013 -2014 to jointly deliver energy efficiency information, training, and materials that would benefit Santa Ana customers. The Partnership would optimize the City's opportunities for achieving short- and long -term energy savings and reduced utility bills, and would assist residents and businesses in understanding, managing, and reducing their energy use and costs. Moreover, the program would show that Santa Ana has made commitments to energy efficiency and would demonstrate leadership in energy management practices. SCG has allocated a maximum of $56,000 to the Partnership with Santa Ana for 2013 -2014. The City seeks to leverage existing SCG energy efficiency strategies and programs and to increase participation in those programs. The initial focus would include municipal building retrofits, public education on energy efficiency and low- income programs, and community events. The exact scope, timeline, and working plan of the Partnership will be defined once the agreement is in place. The Partnership will begin upon Council approval and will end on December 31, 2014. This is the City's first Energy Efficiency Partnership with SCG in delivering energy efficiency information and programs to the community. 25C -1 Energy Efficiency Partnership Agreement with SCG December 16, 2013 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact in approving the energy efficiency partnership agreement. However, the implementation of energy efficiency programs would enhance our environment by improving air quality, reducing pollution, and conserving natural resources. FISCAL IMPACT SCG has approved a not -to- exceed allocation of $56,000 through December 31, 2014. The City will pay for implementation costs up front from the Public Works Administrative Services Program (Account 10117601 - 62300) and will be reimbursed by SCG (Accounting 10117002 - 57010). tEdwinWilliam vez, P.E. Interim Executive Director Public Works Agency EWG /CK APPROVED AS TO FUNDS AND ACCOUNTS: a Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Agreement with Southern California Gas Company 25C -2 AGREEMENT TO DELIVER THE 2013 -2014 SANTA ANA ENERGY EFFICIENCY PARTNERSHIP PROGRAM BETWEEN CITY OF SANTA ANA /_\O SOUTHERN CALIFORNIA GAS COMPANY DATED: JANUARY 1, 2013 This program is funded by California utility ratepayers and administered by the Utility under the auspices of the California Public Utilities Commission. E 8rM1 THIS AGREEMENT TO DELIVER THE 2013 -2014 SANTA ANA ENERGY EFFICIENCY PARTNERSHIP PROGRAM (the "Agreement ") between the City of Santa Ana, (the "City "), and Southern California Gas Company ( "Utility "), shall be effective as of January 1, 2013 ( "Effective Date "). SCG and the City may be referred to herein individually as a "Party" and collectively as "Parties ". The SANTA ANA ENERGY EFFICIENCY PARTNERSHIP may be referred to herein as the "Santa Ana Partnership" or the "Program." WHEREAS On November 8, 2012, the California Public Utilities Commission (the "Commission "), issued its Decision Approving 2013 -2014 Energy Efficiency Programs and Budgets (D. 12 -11 -015, the "Decision "). The Decision approves a portfolio of energy efficiency programs and budgets to be implemented in 2013 -2014, including the expansion of SCG Local Government Partnership Programs, which includes the Santa Ana Partnership; WHEREAS, the City and the Utility have expressed a commitment to participate jointly in the Program, allowing the city to achieve immediate and long -term energy savings in its own facilities and to demonstrate energy efficiency leadership in its communities while helping residents and businesses achieve sustainable reductions in energy use within SCG territory; and WHEREAS, the Parties desire to enter into an agreement that supersedes any and all previous agreements, and sets forth the terms and conditions under which the Programs shall be implemented with respect to the Parties. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. DEFINITIONS: All terms used in the singular will be deemed to include the plural, and vice versa. The words "herein," "hereto," and "hereunder" and words of similar import refer to this Agreement as a whole, including all exhibits or other attachments to this Agreement, as the same may from time to time be amended or supplemented, and not to any particular subdivision contained in this Agreement, except as the context clearly requires otherwise. "Includes" or "including" when used herein is not intended to be exclusive, or to limit the generality of the preceding words, and means "including without limitation." The word "or" is not exclusive. 1.1. Agreement: This docimient and all exhibits attached hereto, and as amended from time to time. 1.2. Authorized Partnership Budget: The Commission - approved maximum budget for funding the Partnership and performance by the Program Participants' of Authorized Work, the total amount which shall be apportioned among the Program Participants, including the City, by SCG in its sole and absolute discretion (see "Partner Budget "). 1.3. Authorized Work: The work authorized by the Commission for the Program as set forth in this Agreement and as more fully described in the Program Implementation Plan attached hereto as Exhibit A, and as agreed to be performed by the Parties. 2013 -14 Santa Ana Partnership Agreemen� 5C -4 1 1.4. Business Day: The period from one midnight to the following midnight, excluding Saturdays, Sundays, and holidays. 1.5. Calendar Day: The period from one midnight to the following midnight, including Saturdays, Sundays, and holidays. Unless otherwise specified, all days in this Agreement are Calendar Days. 1.6. Contractor: An entity contracting directly or indirectly with a Party, or any subcontractor thereof subcontracting with such Contractor, to furnish services or materials as part of or directly related to such Party's Authorized Work obligations. 1.7. Customers or Eligible Customers: Customers eligible for 2013 -2014 Program services, which are SCG customers located within SCG service territory in the City, and may include the county itself. 1.8. EM &V: Evaluation, Measurement and Verification of the Program pursuant to Commission requirements. 1.9. Energy Efficiency Measure (or Measure): As used in the Commission's Energy Efficiency Policy Manual, Version 4, July 2008, as may be supplemented or updated from time to time. 1.10. Gas Surcharge: The fiords collected from gas utility ratepayers pursuant to Section 890 et al. of the California Public Utilities Code for public purposes programs, including energy efficiency programs approved by the Commission. 1.11. The City: The participating city in this Program is Santa Ana. 1.12. Incentive: As used in the Commission's Energy Efficiency Policy Manual, Version 4, August 2008, as may be supplemented or updated from time to time. 1.13. Energy Champion: The City's representative who is a point of contact for the Program and who can represent the City on a daily basis for all Program activities and energy efficiency projects pertaining to the City. 1.14. Program Management Consultant: A third -party contractor hired by SCG on behalf of the Partnership to facilitate and coordinate the delivery of the Program. The activities of the Program Management Consultant include, but not limited to, coordinating and facilitating Partnership meetings and events, program reporting, assistance in marketing and outreach, assistance in tracking Program progress, coordinating Program information, etc. 1.15. Partner's Budget: That portion of the Authorized Budget, which excludes the Utility's costs, and represents the maximum budget and maximum allocation by period for funding the performance of the Program by the City or Program Participants and as set forth in Exhibit B, subject to amendment by the 'Utility consistent with the terms of this Agreement. 2013 -14 Santa Ana PartnershipAgreemen�5^_5 2 1.16. Program Expenditures: Actual (i.e., no mark -up for profit, administrative or other indirect costs), reasonable expenditures of the City or Program Participants that are pre - approved, directly identifiable to, and required for the Authorized Work. 1.17. PIP or Program Implementation Plan: The implementation plan specific to this Partnership, together with SCG Local Government Master PIPs, which include the anticipated scope of the Programs in SCG service territory, as approved by the Commission and attached hereto as Exhibit A. 1.18. Planning Document: A Program document that describes Program implementation and /or management processes, procedures and strategies, as may be supplemented or updated from time to time. 2. PURPOSE The 2013 -2014 Program is funded by California utility ratepayers and is administered by the Utility under the auspices of the Commission. The purpose of this Agreement is to set forth the terms and conditions under which the Parties will jointly implement the 2013 -2014 Program. The work authorized pursuant to this Agreement is not to be performed for profit. This Agreement is not intended to and does not form any "partnership" within the meaning of the California Uniform Partnership Act of 1994 or otherwise. 3. PROGRAM DESCRIPTION 3.1. Overview. The 2013 -2014 SCG Local Government Partnerships are designed to provide integrated technical and financial assistance to help local governments effectively lead their communities to increase energy efficiency, reduce greenhouse gas emissions, protect air quality and ensure that their communities are more livable and sustainable. The Program provides performance -based opportunities for the City to demonstrate energy efficiency leadership in its communities through energy saving actions, including retrofitting its municipal facilities, as well as providing opportunities for constituents to take action in their homes and businesses. By implementing measures in its own facilities, the City will lead by example as the City and the Utility work together to increase community awareness of energy efficiency and position the City as leaders in energy management practices. The Program will provide marketing, outreach, education, training and community sweeps to connect the communities with opportunities to save energy, money and help the environment. The Program Participants will leverage the strengths of each other to efficiently deliver energy and demand savings. This partnership will allow the City to deliver sustainable energy savings, promote energy efficient lifestyles, and develop an enduring leadership role for the City through its relationships with other Program Participants, its constituents, and the Utility. 2013 -14 Santa Ana Partnership Agreemen�5^_c 3 4. AUTHORIZED WORK 4.1. Scope. The work authorized by the Commission is set forth broadly in the PIP (Exhibit A) and shall be performed pursuant to the terms of this Agreement. The Parties shall collaborate and mutually agree upon specific Program implementation consistent with the PIP, and the Parties shall document such details in a "Planning Document" which is intended to evolve throughout the term of the Program. 4.2. Obiectives. The Program is designed to meet the specific energy savings targets set forth in Exhibit B of this Agreement, while implementing the Program strategies and meeting the general objectives and milestones set forth in the PIPs. 5. LIMITATION ON SERVICE TERRITORY The Parties agree that Authorized Work shall only be performed in the SCG service territory and must directly benefit SCG customers, with natural gas savings applicable solely to SCG's utility system. No Authorized Work shall be performed for any customers that receive natural gas from a municipal utility corporation, or other gas service provider, that do not directly receive gas service from SCG. Nothing in this Section 5 is intended to preclude Program coordination with other municipal utility. 6. OBLIGATIONS OF THE PARTIES 6.1. Obligations of the Utility and the City 6.1.1. Each Party will be responsible for the overall progress of its Authorized Work, to ensure that the Program remains on target (including but not limited to achieving the Program's specific energy savings and goals as set forth in Exhibit B). 6.1.2. The Parties shall jointly coordinate and prepare all Program- related documents, including all required reporting pursuant to Section 9, and any such other reporting as may be reasonably requested by the Utility. 6.1.3. To the extent practicable and with coordination by the Utility, the Parties shall use the Programs as a portal for all existing or selected energy program offerings of the Utility, including, but not limited to, programs targeting low- income customers, self - generation, solar, emerging technologies, and other programs as described in the PIP, and in support of the Strategic Plan adopted by the Commission and the Utility. This coordinated effort supports the goal to enhance consistency in rebates and other Program details, minimize duplicative administrative costs, and enhance the possibility that programs can be marketed together to avoid duplicative marketing expenditures. 6.1.4. Consistent with those contained in the PIP, the Utility and the City may work together to identify, develop, and accomplish additional mutually agreeable goals in accordance with Section 7. 2013 -14 Santa Ana Partnership Agreemen�5^_7 4 6.2. Obligations of the City. 6.2.1. The City will appoint an "Energy Champion" who will be the primary contact between the City and the SCG Energy Efficiency Representative (defined in Section 6.3.1), and who will be authorized to act on behalf of the City in carrying out the City's obligations under this Agreement. Such appointment shall be communicated in writing to SCG within ten Business Days following execution of this Agreement. The City shall communicate regularly with the SCG Energy Efficiency Representative in accordance with Section 7.3 and 7.4 hereof, and shall advise SCG immediately of any problems or delays associated with its Authorized Work obligations. 6.2.2. The City will be actively involved in all aspects of the Program. The City will use its best efforts to (a) dedicate human resources necessary to implement the Program successfully, (b) provide support for the Program's marketing and outreach activities, and (c) work to enhance communications with SCG to address consumer needs. 6.2.3. The City shall obtain the approval of SCG prior to conducting any Program public outreach activities (exhibits, displays, public presentations, canvassing, etc.) and any marketing materials used in connection with such outreach activity shall comply with the requirements of Section 6.2. 6.2.4. The City acknowledges and agrees that the Program has other Program Participants, and that no one Program Participant is entitled to the entire Authorized Partnership Budget, and that the City shall work with SCG and each other Program Participants to achieve the goals and accomplish the Authorized Work of the Program. 6.2.5. The City shall perform its Authorized Work obligations within the Partner's Budget and in conformance with the schedule and goals associated with such Authorized Work as set forth in this Agreement, and shall furnish the required labor, equipment and material with the degree of skill, care and professionalism that is required by current professional standards. 6.2.6. The City shall obtain the approval of the Utility prior to distribution, publication, circulation, or dissemination of such materials in any way to the public. In addition, all advertising, marketing or otherwise printed or reproduced material used to implement, refer to or is in anyway related to the Program must contain the respective name and logo of the Utility and, at a minimum, the following language: "This Program is funded by California utility ratepayers and administered by Southern California Gas Company under the auspices of the California Public Utilities Commission." 6.2.7. Upon reasonable request by the Utility, the City shall submit to the Utility all contracts, agreements or other requested documents with the City's Contractors (including subcontractors) performing work for the Program. 2013 -14 Santa Ana PartnershipAgreemen�5C_8 5 6.3. Obligations of the Utility. 6.3.1. The Utility will appoint a Partnership representative ( "SCG Energy Efficiency Representative ") who will be the primary contact for the City and Program Participants, and who will be authorized to act on behalf of the Utility in carrying out the Utility's obligations under this Agreement. Such appointment shall be communicated in writing to the City within ten Business Days following execution of this Agreement. 6.3.2. The Utility will oversee the activities and implementation of the Program, in accordance with this Agreement. 6.3.3. The Utility will be actively involved in all aspects of the Program. The Utility will use its best efforts to add value to the Program by (a) dedicating human resources necessary to assist the City in implementing the Program successfully and providing and maintaining a Utility presence in the City, (b) providing support for the Program's marketing and outreach activities, and (c) working closely with the City to enhance communications with Program Participants, address customer needs and provide the Utility information and services. 6.3.4. The Utility shall provide, at no cost to the City, informational and educational materials on the Utility's statewide and local energy efficiency core programs. 6.3.5. The Utility shall work with the City as requested to help identify cost - effective energy efficient projects in each of the Program Participant's qualifying municipal facilities within the Utility's service territory. 6.3.6. SCG shall administer the Gas Surcharge fiends authorized by the Commission for the Program in accordance with this Agreement, and SCG may hire a Program Management Consultant on behalf of the Partnership to help facilitate and coordinate the delivery of the Program. 6.3.7. The Utility shall be responsible for coordinating and ensuring compliance with all Utility reporting and other Utility filing requirements by the PUC. 6.3.8. The Utility shall be responsible for tracking performance of the City in accordance with Section 10.1.2, and for verifying all energy savings claims, and for monitoring and verifying achievement of the general objectives, goals, and milestones as described in Exhibit A. 6.4. EM &V. Once the Commission has approved and issued an evaluation, measurement and verification ( "EM &V ") plan for the 2013 -2014 Program, such EM &V plan shall be attached to this Agreement as Exhibit C and shall be incorporated herein by this reference. Any subsequent changes or modifications to such EM &V plan by the Commission shall be automatically incorporated into Exhibit C. The City shall provide and comply with all Commission requests regarding activities related to EM &V. The City and its Contractors shall cooperate fully with the Utility's Representative(s) and will provide all requested information, if any, to assure the timely completion of all EM &V tasks requiring the City's involvement or cooperation. 2013 -14 Santa Ana Partnership Agreement— 6 7. ADMINISTRATION OF PROGRAM 7.1. Decision - malting and Approval. 7.1.1. Except as specifically provided in this Agreement, the following actions and tasks require consent of all Parties: 7.1.1.1.Any material modification to the Authorized Work in connection with the Program. 7.1.1.2.Any action that materially impacts the agreed -upon schedule for implementing the Program. 7.1.1.3. Selection of any Contractor not previously approved by the Utility, if applicable. 7.2. Document Retention. Unless otherwise specified in this Agreement, the Parties shall document all material Program decisions, including, without limitation, all actions specified in Section 7.1.1 above, in meeting minutes or if taken outside a meeting, through written communication, which shall be maintained in hard copy form on file by the Parties for a period of no less than five (5 ) years after the expiration or termination of this Agreement. 7.3. Regular Meetings. During the term of this Agreement, the City representatives of the Partnership identified in writing pursuant to Section 6.2.1 and 6.3.1, respectively, shall meet monthly at a location reasonably agreed upon by the Parties. In addition to any other agenda items requested by either Party, the agenda shall include a review of the status of the City's 2013 -2014 Program performance, deliverables, schedules and budget, toward achievement of the goals set forth in the PIP (Exhibit A), and the Partnership's progress towards meeting overall Partnership goals set forth in Exhibit C. Any decision - malting shall be reached and documented in accordance with the requirements of Section 7.1 above. 7.4. Regular Communication. Regular communication among Partnership representatives is critical for the long -term success of the Partnership and achievement of Partnership goals and objectives. Notwithstanding Section 7.3, above, the' Partnership representatives identified in writing by each Partner pursuant to Sections 6.2.1 and 6.3.1, respectively, including other Program Participants, shall communicate regularly with each other to review the status of the Program's goals, deliverables, schedules and budgets, and plan for upcoming Program implementation activities, and to advise the other Party of any problems associated with successful implementation of the Program. Any decision - making during this communication process shall be reached and documented in accordance with the requirements of Section 7.1 above. 7.5. Non - Responsibility for Other Party. Notwithstanding anything contained in this Agreement in the contrary, a Party shall not be responsible for the performance or non- performance hereunder of the other Party, nor be obligated to remedy any other Party's defaults or defective performance. 2013 -14 Santa Ana Partnership Agreeme �5C_l0 7 8. DOUBLE DIPPING PROHIBITED In performing its respective Authorized Work obligations, the City shall implement the following mechanism and shall take other practicable steps to minimize double - dipping: 8.1. Prior to providing incentives or services to an Eligible Customer, the City and its Contractors shall obtain a signed form from such Eligible Customer stating that: 8.1.1. Such Eligible Customer has not received incentives or services for the same measure from any SCG program or from another utility, state, or local program; and 8.1.2. Such Eligible Customer agrees not to apply for or receive incentives or services for the same measure from any SCG program or from another utility, state, or local program. Each Party shall keep its Customer- signed forms for at least five (5) years after the expiration or termination of this Agreement. 8.2. No Party shall knowingly provide an incentive to an Eligible Customer, or make payment to a Contractor, who is receiving compensation for the same product or service either through another ratepayer funded program, or through any other funding source. 8.3. The City represents and warrants that it has not received (and that its Contractor(s) has not received), and will not apply for or accept Incentives or services for any measure provided for herein or offered pursuant to this Agreement or the Program from any other Utility program or from any other Utility, state or local program. 8.4. The Parties shall take reasonable steps to minimize or avoid the provision of incentives or services for the same measures provided under the Program from another program or other funding source ( "double- dipping "). 9. REPORTING The Parties shall implement those reporting requirements as agreed upon, as the same may be amended from time to time, or until the Commission otherwise requires or issues different or updated reporting requirements for the 2013 -2014 Program, in which case and at which time such Commission- approved reporting requirements shall replace the requirements. 10. PAYMENTS 10.1. Partner's Budget 10.1.1. Maximum Budget: The Partner Budget is set forth in Exhibit B to this Agreement and represents maximum share of the Program's two -year Authorized Partnership Budget for funding the performance of the Program by the City or Program Participants. Additionally, Exhibit B sets forth the maximum non - incentive budget on a periodic basis during the Program. The City shall not be entitled to compensation in excess of the Partner's Budget (either on a periodic basis or in 2013 -14 Santa Ana Partnership Agreeme �5^_A1 8 total), without written authorization by the Utility and receipt of a revised Exhibit B. Consistent with Commission directives to maximize cost - effectiveness and energy savings, the Partners' Budgets set forth in Exhibit B may be reallocated or adjusted at any time by the Utility at its sole discretion, based upon the Utility's evaluation of the City's commitment to, and progress toward the Program energy savings target, other general objectives, goals, and milestones set forth herein. 10.1.2. Tracking: The Utility will track Program Expenditures against the objectives set forth in Section 4.2 hereof, including tracking (or estimating) achievement towards the specific energy savings targets set forth in Exhibit B, and will provide such tracking information to the City on a regular basis, but in no event less than quarterly. The tracking will enable the Utility to: (i) properly monitor and allocate the Authorized Partnership Budget among all Utility Local Government Partnerships according to their individual performance and achievement of respective goals and objectives, (ii) confine or amend the Partner's Budget, set forth in Exhibit B hereto, based on Program's performance of the goals and objectives set forth in this Agreement; 10.1.3. Partner's Budget Adjustment: The Parties acknowledge that this Program is offered in furtherance of the Commission's strategic energy efficiency goals for California and is based on the City's agreement to help achieve such goals and its desire to provide leadership to its community. To this end, in the event that the Utility determines, in its sole discretion and through the tracking mechanism set forth in Section 10. 1.2 above, that the City is not performing in accordance with the goals and objectives set forth in this Agreement, then the Utility shall have the unilateral right to reduce, eliminate, or otherwise adjust the Partner's Budget for the remaining Program year or years (other than for Program Expenditures previously committed by the City and approved by the Utility) by amending Exhibit B and providing the amended Exhibit B to the City. Pursuant to this Section, any such amended Exhibit B shall automatically be incorporated into this Agreement and take effect thirty (30) days after delivery from the Utility to the City. 10.1.4. Partner's Budget Categories 10.1.4.1. Non - Incentive Budget: The Partner's Budget is comprised of a non- incentive portion which includes separate categories for Marketing, Education & Outreach, Technical Assistance and Direct Implementation, all of which are more fully described in the Program Implementation Plan. 10.1.4.2. Incentive Budget: Incentives will be paid out of SCG's core program budget at the then current rates and terms; however, the Partner will be eligible for incentives from SCE's Calculated Program up to 80% of project costs. 10.2. Program Expenditures. The City, with SCE's prior approval, shall be entitled to spend authorized Rinds, within the limits of the Partner's Budget on Program Expenditures. The City shall not be entitled to reimbursement of Program Expenditures for any item (i) not specifically identifiable to the Program, (ii) not previously approved 2013 -14 Santa Ana PartnershipAgreemc'y 5C—l2 9 by the Utility, (iii) not expended within the term of this Agreement, or (iv) not otherwise reimbursable under this Agreement. 10.3. Payment to the City. In order for the City to be entitled to Gas Surcharge funds for Program Expenditures: 10.3.1. The City or its representatives shall submit to the Utility, invoice(s) for reimbursement of reported Program Expenditures, in a format acceptable to the Utility, attaching all documentation reasonably necessary to substantiate the Program Expenditures, including, without limitation, the following: 10.3.1.1. Contractor Costs: Copies of all Contractor invoices. If only a portion of Contractor costs applies to the Program, the City or its representatives shall clearly indicate the line items or percentage of the invoice amotmt that should be applied to the Program as provided in Exhibit E. 10.3.1.2. Marketing, Education & Outreach: A copy of each distinct marketing material produced, with quantity of a given marketing material produced and the method of distribution. 10.3.1.3. Other expenditures: As pre- approved by the Utility, with sufficient documentation to support the expenditure. 10.3.1.4. Allowable Costs: Only those costs as listed in the Allowable Cost Table contained in the Reporting Requirements attached as Exhibit E can be submitted for payment. All invoices submitted to SCG must report all costs using the allowable cost elements shown on the Allowable Cost Table in Exhibit E. The City and its representatives understand and acknowledge that all of the City's invoices for the 2013 -2014 Program and the Monthly Report shall be submitted to the Utility. 10.3.2. The Utility reserves the right to reject the City's invoiced amounts for any of the following reasons: 10.3.2.1. The invoiced amount, when aggregated with previous Program Expenditures, exceeds the amount budgeted therefore in the Partner Budget for such Authorized Work (as set forth in Exhibit B). 10.3.2.2. There is a reasonable basis for concluding that such invoiced amount is unreasonable or is not directly identifiable to or required for the Authorized Work, and /or the Program. 10.3.2.3. The invoiced amount contains charges for any item not authorized under this Agreement or by the Commission, or is deemed untimely, unsubstantiated or lacking proper documentation. 2013 -14 Santa Ana Partnership Agreeme�5^_A 3 10 10.3.3. The City or its representatives shall maintain for a period of not less than five (5) years all documentation reasonably necessary to substantiate the Program Expenditures, including, without limitation, the documentation set forth in Section 10.3.1 above. The City or its representatives shall promptly provide, upon the reasonable request by the Utility, any payment documentation, records or information in connection with the Program or its Authorized Work. 10.3.4. The Utility shall review and either approve, dispute or reject for payment the reported Program Expenditures within twenty (20) Calendar Days of receipt of the invoice. The Utility shall pay all undisputed amounts within thirty (30) Calendar Days of receiving the corresponding invoice. 10.4. Payment of Incentives. Payment of incentives shall be made in accordance with the applicable SCG program requirements, including terms and conditions, installation data for EM &V process and only after appropriate program documents have been submitted and approved, and the appropriate inspections of each project have been completed to the Utility's satisfaction. 10.5. Shifting Funds. The Utility may shift funds within the Authorized Partnership Budget among Program Participants and /or shift funds within the Partner Budget among budget categories (Marketing, Education & Outreach, Direct Implementation), which categories and budget amounts are set forth in Exhibit B. Such shifting may be made by the Utility to the maximum extent permitted tinder, and in accordance with, Commission decisions and rulings to which the Program relates. 10.6. Reasonableness of Expenditures. The City shall bear the burden of ensuring that its Program Expenditures are objectively reasonable. The Commission has the authority to review all Program Expenditures for reasonableness. Should the Commission, at any time, issue a finding of unreasonableness as to any Program Expenditure and require a refund or return of the funds paid in the reimbursement of such Program Expenditure, then the City shall be solely liable for such refund or return. 11. END DATE FOR PROGRAM AND ADMINISTRATIVE ACTIVITIES Unless this Agreement is terminated pursuant to Section 25 below, or unless otherwise agreed to by the Parties or so ordered by the Commission, the Parties shall complete all Program Administrative activities (as defined in the PIP) and all reporting requirements by no later than March 31, 2015, and all Direct Implementation and Marketing & Outreach activities by no later than December 31, 2014. 12. FINAL INVOICES The City or its representatives must submit final invoices to the Utility no later than March 31, 2015. 2013 -14 Santa Ana Partnership Agreeme �5C_1 4 11 13. INDEMNITY 13.1. Indemnity by the City. The City shall indemnify, defend and hold harmless the Utility, and its respective successors, assigns, affiliates, subsidiaries, current and future parent companies, officers, directors, agents, and employees, from and against any and all expenses, claims, losses, damages, liabilities or actions in respect thereof (including reasonable attorneys' fees) to the extent arising from (a) the City's negligence or willful misconduct in the City's activities under the Program or performance of its obligations hereunder, or (b) the City's breach of this Agreement or of any representation or warranty of the City contained in this Agreement. 13.2. Indemnity by the Utility. The Utility shall indemnify, defend and hold harmless the City, and its respective successors, assigns, affiliates, subsidiaries, current and future parent companies, officers, directors, agents, and employees, from and against any and all expenses, claims, losses, damages, liabilities or actions in respect thereof (including reasonable attorneys' fees) to the extent arising from (a) the Utility's negligence or willful misconduct in Utility activities under the Program or performance of its obligations hereunder or (b) the Utility's breach of this Agreement or any representation or warranty of the Utility contained in this Agreement. 13.3. LIMITATION OF LIABILITY. NO PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF OR UNDER- UTILIZATION OF LABOR OR FACILITIES, LOSS OF REVENUE OR ANTICIPATED PROFITS, COST OF REPLACEMENT POWER OR CLAIMS FROM CUSTOMERS, RESULTING FROM A PARTY'S PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS HEREUNDER, OR IN THE EVENT OF SUSPENSION OF THE AUTHORIZED WORK OR TERMINATION OF THIS AGREEMENT. 14. OWNERSHIP OF DEVELOPMENTS The Parties acknowledge and agree that the Utility, on behalf of its Customers, shall own all data, reports, information, manuals, computer programs, works of authorship, designs or improvements of equipment, tools or processes (collectively "Developments ") or other written, recorded, photographic or visual materials, or other deliverables produced in the performance of this Agreement; provided, however, that Developments do not include equipment or infrastructure purchased for research, development, education or demonstration related to energy efficiency. Although the City shall retain no ownership, interest, or title in the Developments except as may otherwise be provided in this Agreement, it will have a permanent, royalty free, non - exclusive license to use such Developments. 15. DISPUTE RESOLUTION 15.1. Dispute Resolution. Except as may otherwise be set forth expressly herein, all disputes arising under this Agreement shall be resolved as set forth in this Section 15. 2013 -14 Santa Ana PartnershipAgreeme��C_l 5 12 15.2. 15.2. Negotiation and Mediation. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between the Parties' authorized representatives. The disputing Party shall give the other Party written notice of any dispute. Within twenty (20) Calendar Days after delivery of such notice, the authorized representatives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange information and to attempt to resolve the dispute. If the matter has not been resolved within thirty (30) Calendar Days of the first meeting, any Party may initiate a mediation of the dispute. The mediation shall be facilitated by a mediator that is acceptable to both Parties and shall conclude within sixty (60) Calendar Days of its commencement, unless the Parties agree to extend the mediation process beyond such deadline. Upon agreeing on a mediator, the Parties shall enter into a written agreement for the mediation services with each Party paying a pro rata share of the mediator's fee, if any. The mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association; provided, however, that no consequential damages shall be awarded in any such proceeding and each Party shall bear its own legal fees and expenses. 15.3. Confidentiality. All negotiations and any mediation conducted pursuant to Section 15.2 shall be confidential and shall be treated as compromise and settlement negotiations, to which Section 1152 of the California Evidence Code shall apply, which Section is incorporated in this Agreement by reference. 15.4. Injunctive Relief. Notwithstanding the foregoing provisions, a Party may seek a preliminary injunction or other provisional judicial remedy if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo. 15.5. Continuing Obligation. Each Party shall continue to perform its obligations under this Agreement pending final resolution of any dispute arising out of or relating to this Agreement. 15.6. Failure of Mediation. If, after good faith efforts to mediate a dispute under the terms of this Agreement as provided in Section 15.2 above, the Parties cannot agree to a resolution of the dispute, any Party may pursue whatever legal remedies may be available to it at law or in equity, before a court of competent jurisdiction and with venue as provided in Section 35. 16. REPRESENTATIONS AND WARRANTIES 16.1. Representation of both Parties. Each Party represents and warrants, as of the Effective Date and thereafter during the term of this Agreement, that: 16.1.1. The Authorized Work performed by a Party and /or its Contractors shall comply with the applicable requirements of all statutes, acts, ordinances, regulations, codes, and standards of federal, state, and local governments, and all agencies thereof. 2013 -14 Santa Ana Partnership Agreeme �5^_A 6 13 16.1.2. The Authorized Work performed by a Party and /or its Contractors shall be free of any claim of trade secret, trade marls, trade name, copyright, or patent infringement or other violations of any proprietary rights of any person. 16.1.3. Each Party shall conform to the applicable employment practices requirements of (Presidential) Executive Order 11246 of September 24, 1965, as amended, and applicable regulations promulgated thereunder. 16.1.4. Each Party shall contractually require each Contractor it hires to perform the Authorized Work to indemnify each other Party to the same extent such Party has indemnified each other Party under the terms and conditions of this Agreement. 16.1.5. Each Party shall retain, and shall cause its Contractors to retain, all records and documents pertaining to its Authorized Work obligations for a period of not less than five (5) years beyond the termination or expiration of this Agreement. 16.1.6. Each Party shall contractually require all of its Contractors to provide the other Parties reasonable access to relevant records and staff of Contractors concerning the Authorized Work. 16.1.7. Each Party will maintain, and may require its Contractors to maintain, the following insurance coverage or self - insurance coverage, at all times during the term of this Agreement, with companies having an A.M. Best rating of "A -, VII" or better, or equivalent: 16.1.7.1. Workers' Compensation: statutory minimum. 16.1.7.2. Employer's Liability coverage: $1 million minimum. 16.1.7.3. Commercial General Liability: $1 million minimum per occurrence /$2 million minimum aggregate. 16.1.7.4. Commercial or Business Auto (if applicable): $1 million minimum. 16.1.7.5. Professional Liability (if applicable): $1 million minimum. 16.1.8. Each Party shall take all reasonable measures, and shall require its Contractors to take all reasonable measures, to ensure that the Program funds in its possession are used solely for Authorized Work, which measures shall include the highest degree of care that such Party uses to control its own funds, but in no event less than a reasonable degree of care. 17. PROOF OF INSURANCE 17.1. Evidence of Insurance. Upon request at any time during the term of this Agreement, a Party shall provide evidence that its insurance policies (and the insurance policies of any Contractor, as provided in Section 16.1.7) are in full force and effect, and provide the coverage and limits of insurance that the Party has represented and warranted herein to maintain at all tines during the term of this Agreement. 17.2. Self- Insurance. If a Party is self - insured, such Party shall upon request forward documentation to the other Party that demonstrates to the other Party's satisfaction that 2013 -14 Santa Ana Partnership Agreemept5C_l 7 14 such Party self- insures as a matter of normal business practice before commencing the Authorized Work. Each Party will accept reasonable proof of self - insurance comparable to the above requirements. 17.3. Notice of Claims. Each Party shall immediately report to the other Party, and promptly thereafter confirm in writing, the occurrence of any injury, loss or damage incurred by such Party or its Contractors or such Party's receipt of notice or knowledge of any claim by a third party of any occurrence that might give rise to such a claim over $100,000. 18. CUSTOMER CONFIDENTIALITY REQUIREMENTS 18.1. Non - Disclosure. Subject to any disclosures required pursuant to the Public Records Act, the City, its employees, agents and Contractors shall not disclose any Confidential Customer Information (defined below) to any third party during the tenn of this Agreement or after its completion, without the City having obtained the prior written consent of the Utility, except as provided by law, lawful court order or subpoena and provided the City gives the Utility advance written notice of such order or subpoena. 18.2. Confidential Customer Information. "Confidential Customer Information" includes, but is not limited to, a SCG customer's name, address, telephone number, account number and all billing and usage information, as well as any SCG customer's information that is marked "confidential ". If the City is uncertain whether any information should be considered Confidential Customer Information, the City shall contact the Utility prior to disclosing the customer information. 18.3. Non - Disclosure Agreement. Prior to any approved disclosure of Confidential Customer Information, SCG may require the City to enter into a nondisclosure agreement. 18.4. Commission Proceedings. This provision does not prohibit the City from disclosing non - confidential information concerning the Authorized Work to the Commission in any Commission proceeding, or any Commission - sanctioned meeting or proceeding or other public foram. 18.5. Return of Confidential Information. Confidential Customer Information (including all copies, backups and abstracts thereof) provided to the City by SCG, and any and all documents and materials containing such Confidential Customer Information or produced by the City based on such Confidential Customer Information (including all copies, backups and abstracts thereof), during the performance of this Agreement shall be returned upon written request by SCG. 18.6. Remedies. The Parties ack2owledge that Confidential Customer Information is valuable and unique, and that damages would be an inadequate remedy for breach of this Section 18 and the obligations of the Parties are specifically enforceable. Accordingly, the Parties agree that in the event of a breach or threatened breach of this Section 18 by any Party, the Party whose Confidential Customer Information is implicated in such breach shall be entitled to seek and obtain an injunction preventing such breach, without 2013 -14 Santa Ana Partnership Agreeme� 5 C _ l 8 15 the necessity of proving damages or posting any bond. Any such relief shall be in addition to, and not in lieu of, money damages or any other available legal or equitable remedy. 19. TIME IS OF THE ESSENCE The Parties hereby acknowledge that time is of the essence in performing their obligations under this Agreement. Failure to comply with milestones and goals stated in this Agreement, including but not limited to those set forth in Exhibit B of this Agreement, may constitute a material breach of this Agreement, resulting in its termination, payments being withheld, Partner's Budget being reduced or adjusted, funding redirected by the Utility to other programs or partners, or other Program modifications as determined by the Utility or as directed by the Commission. 20. CUSTOMER COMPLAINT RESOLUTION PROCESS The Parties shall develop and implement a process for the management and resolution of Customer complaints in an expedited manner including, but not limited to: (a) ensuring adequate levels of professional Customer service staff; (b) direct access of Customer complaints to supervisory and /or management personnel; (c) documenting each Customer complaint upon receipt; and (d) directing any Customer complaint that is not resolved within five (5) Calendar Days of receipt by the City to the Utility. 21. RESTRICTIONS ON MARKETING 21.1. Use of Commission's Name. No Party may use the name of the Commission on marketing materials for the Program without prior written approval from the Commission staff. In order to obtain this written approval, SCG must send a copy of the planned materials to the Commission requesting approval to use the Commission name and /or logo. Notwithstanding the foregoing, the Parties shall disclose their source of funding for the Program by stating prominently on marketing materials that the Program is "fimded by California ratepayers Linder the auspices of the California Public Utilities Commission." 21.2. Use of the SCG Name. The City must receive prior review and written approval from the Utility for the use of the SCG name, mark or logo on any marketing or other Program materials. The City shall allow five (5) Business Days for the Utility's review and approval. If the City has not received a response from the Utility within the five (5) Business Day period, then it shall be deemed that the Utility has approved such use. 21.3. Use of the City's Name. The Utility must receive prior review and written approval from the City for the use of the City's name, marks or logos on any marketing or other Program materials. The Utility shall allow five (5) Business Days for the City's review and approval. If the Utility has not received a response from the City within the five (5) Business Day period, then it shall be deemed that the City has approved such use. 20 13 -14 Santa Ana Partnership Agreeme�5^_A 9 16 22. RIGHT TO AUDIT The Parties agree that the other Party, and /or the Commission, or their respective designated representatives, shall have the right to review and to copy any records or supporting documentation pertaining to the their performance of this Agreement or the Authorized Work, during normal business hours, and to allow reasonable access in order to interview any staff of the City or the Utility who might reasonably have information related to such records. Further, the Parties agree to include a similar right of the other Party and /or the Commission to audit records and interview staff in any subcontract related to performance of the Authorized Work or this Agreement. 23. STOP WORK PROCEDURES The Utility may suspend the Authorized Work being performed in its service territory for good cause, including, without limitation, concerns relating to program funding, implementation or management of the Program, safety concerns, fraud or excessive customer complaints, by notifying the City in writing to suspend any Authorized Work being performed in either SCG's service territory. Any performance of Authorized Work by the City in SCG's service territory shall stop immediately, and the City may resume its Authorized Work only upon receiving written notice from the Utility that it may resume its Authorized Work. 24. MODIFICATIONS Except as otherwise provided in this Agreement, changes to this Agreement shall be only be valid through a written amendment to this Agreement signed by both Parties. 25. TERM AND TERMINATION 25.1. Term. This Agreement shall be effective as of the Effective Date. Subject to Section 37, the Agreement shall continue in effect until March 31, 2015 unless otherwise terminated in accordance with the provisions of Section 25.2 or 30 below. 25.2. Termination for Breach. Any Party may tenninate this Agreement in the event of a material breach by the other Party of any of the material terms or conditions of this Agreement, provided such breach is not remedied within sixty (60) days written notice to the breaching Party thereof from the non - breaching Party or otherwise resolved pursuant to the dispute resolution provisions set forth in Section 15 herein. 25.3. Effect of Termination. Any termination by the City or by the Utility shall constitute a termination of this Agreement in its entirety (subject, however, to the survival provisions of Section 37). 25.3.1. Subject to the provisions of this Agreement, the City shall be entitled to Gas Surcharge Funds for all Program Expenditures incurred or accrued pursuant to contractual or other legal obligations for Authorized Work up to the effective date of termination of this Agreement, provided that any invoices, documents or information required tinder this Agreement or by the Commission are submitted in accordance with the tenns and conditions of this Agreement. The provisions of this 2013 -14 Santa Ana Partnership Agreeme�5C_20 17 Section 25.3.1 shall be the City's sole compensation resulting from any termination of this Agreement. 25.3.2. In the event of termination of this Agreement in its entirety, the City shall stop any Authorized Work in progress and take action as directed by the Utility to bring the Authorized Work to an orderly conclusion, and the Parties shall work cooperatively to facilitate the termination of operations and of any applicable contracts for Authorized Work. 26. WRITTEN NOTICES Any written notice, demand or request required or authorized in connection with this Agreement, shall be deemed properly given if delivered in person or sent by facsimile, nationally recognized overnight courier, or first class mail, postage prepaid, to the address specified below, or to another address specified in writing by a Party as follows: The City: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza, M -21 Santa Ana, CA 92701 Tel: (714) 647 -5654 Fax: (714) 647-5622 SCG: Southern California Gas Company Paulo Morais, Energy Programs Supervisor 555 W. Fifth Street, GT28A4 Los Angeles, CA 90013 Tel: (213) 244 -3246 Fax: (213) 244-8252 Email: PMorais @semprautilities.com Notices shall be deemed received (a) if personally or hand - delivered, upon the date of delivery to the address of the person to receive such notice if delivered before 5:00 p.m., or otherwise on the Business Day following personal delivery; (b) if mailed, three (3) Business Days after the date the notice is postmarked; (c) if by facsimile, upon electronic confirmation of transmission, followed by telephone notification of transmission by the noticing Party; or (d) if by overnight courier, on the Business Day following delivery to the overnight courier within the time limits set by that courier for next -day delivery. 27. CONTRACTS Each Party shall, at all times, be responsible for its Authorized Work obligations, and acts and omissions of Contractors, subcontractors and persons directly or indirectly employed by such Party for services in connection with the Authorized Work. Each Party shall require its Contractors to be bound by terms and conditions which are the same or similar to those contained in this Agreement, as the same may be applicable to Contractors. 28. RELATIONSHIP OF THE PARTIES The Parties shall act in an independent capacity and not as officers or employees or agents of each other. This Agreement is not intended to and does not form any "partnership" within the meaning of the California Uniform Partnership Act of 1994 or otherwise. 2013 -14 Santa Ana Partnership Agreeme�5^_2 1 1 8 29. NON - DISCRIMINATION CLAUSE No Party shall unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Each Party shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment, and shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a) -(f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a) -(f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Each Party represents and warrants that it shall include the substance of the nondiscrimination and compliance provisions of this clause in all subcontracts for its Authorized Work obligations. 30. COMMISSION/UTILITY AUTHORITY TO MODIFY OR TERMINATE This Agreement and the Program shall at all times be subject to the discretion of the Commission, including, but not limited to, review and modifications, excusing a Party's performance hereunder, or termination as the Commission may direct from time to time in the reasonable exercise of its jurisdiction. In addition, in the event that any ruling, decision or other action by the Commission adversely impacts the Program, the Utility shall have the right to terminate this Agreement in accordance with the provisions of Section 25 above by providing at least ten (10) days' prior written notice to the City setting forth the effective date of such termination. Notwithstanding the right to terminate, the Parties agree to share in the responsibility and to abide by Commission energy policy supporting this Program. The Parties agree to use all reasonable efforts to minimize the adverse impact to a Party resulting from such Commission actions, including but not limited to modification of the required energy savings goals set forth in Section 4.2 which are fundamental to this Agreement. 31. NON - WAIVER None of the provisions of this Agreement shall be considered waived by either Party unless such waiver is specifically stated in writing. 32. ASSIGNMENT No Party shall assign this Agreement or any part or interest thereof, without the prior written consent of the other Parties, and any assignment without such consent shall be void and of no effect. Notwithstanding the foregoing, if SCG is requested or required by the Commission to assign its rights and /or delegate its duties hereunder, in whole or in part, such assignment or delegation shall not require the City's consent and the Utility shall be released from all 2013 -14 Santa Ana PartnershipAgreeme�5^_22 19 obligations hereunder arising after the effective date of such assignment, both as principal and as surety. 33. FORCE MAJEURE Failure of a Party to perform its obligations under this Agreement by reason of any of the following shall not constitute an event of default or breach of this Agreement: strikes, picket lines, boycott efforts, earthquakes, fires, floods, war (whether or not declared), revolution, riots, insurrections, acts of God, acts of government (including, without limitation, any agency or department of the United States of America), acts of terrorism, acts of the public enemy, or rationing of gasoline or other fuel or vital products, inability to obtain materials or labor, or other causes which are beyond the reasonable control of such Party. 34. SEVERABILITY In the event that any of the terns, covenants or conditions of this Agreement, or the application of any such term, covenant or condition, shall be held invalid as to any person or circumstance by any court, regulatory agency, or other regulatory body having jurisdiction, all other terms, covenants, or conditions of this Agreement and their application shall not be affected thereby, but shall remain in full force and effect, unless a court, regulatory agency, or other regulatory body holds that the provisions are not separable from all other provisions of this Agreement. 35. GOVERNING LAW; VENUE This Agreement shall be interpreted, governed, and construed under the laws of the State of California as if executed and to be performed wholly within the State of California. Any action brought to enforce or interpret this Agreement shall be filed in Orange County, California. 36. SECTION HEADINGS Section headings appearing in this Agreement are for convenience only and shall not be construed as interpretations of text. 37. SURVIVAL Notwithstanding completion or termination of this Agreement, the Parties shall continue to be bound by the provisions of this Agreement which by their nature survive such completion or termination. Such provisions shall include, but are not limited to, Sections 9, 10, 13, 14, 15, 18, 22, 35 and 38 of this Agreement. 38. ATTORNEYS' FEES Except as otherwise provided herein, in the event of any legal action or other proceeding between the Parties arising out of this Agreement or the transactions contemplated herein, each Party in such legal action or proceeding shall bear its own costs and expenses incurred therein, including reasonable attorneys' fees. 2013 -14 Santa Ana Partnership Agreerno �5C_23 21 39. COOPERATION Each Party agrees to cooperate with the other Parties in whatever manner is reasonably required to facilitate the successful completion of this Agreement. 40. ENTIRE AGREEMENT This Agreement (including all of the Exhibits and Attachments hereto which are incorporated into this Agreement by this reference) contains the entire agreement and understanding between the Parties and merges and supersedes all prior agreements, representations and discussions pertaining to the subject matter of this Agreement. 41. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to be one and the saine instrument. 2013 -14 Santa Ana Partnership Agreeme�5^_24 21 SIGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. The Ci : SANTA ANA: Name: Maria D. Huizar Title: Clerk of the Council Date: Name: Sonia R. Carvalho Title: City Attorney Date: Name: David Cavazos Title: City Manager Date: Name: Laura Sheedy Title: Assistant City Attorney Date: Name: Edwin "William" Galvez, P.E. Title: Interim Executive Director, Public Works Agency Date: The Utility: SCG: SOUTHERN CALIFORNIA GAS COMPANY: By: Frank Spasaro Title: Energy Efficiency Partnerships Manager Date: 2013 -14 Santa Ana Partnership Agreeme�5^_25 12 EXHIBITS Exhibit A — 2013 -2014 Program Implementation Plan Exhibit B — 2013 -2014 Goals & Program Budget Exhibit C — EM &V Plan Exhibit D — Allowable Costs 2013 -14 Santa Ana Partnership Agreeme �5C_26 23 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Program Name: Local Government Partnerships Program ID: Various Program Type: Local Government Partnership Southern California Gas Company's (SoCalGas) Local Govermment Partnership Programs for the 2013 -2014 Transition Period is complex and multi - dimensional in various ways that SoCalGas initiated with the work in its 2010 - 2012 portfolio. First, local governments are a distinct customer segment that operates with their own unique challenges and needs related to energy efficiency. Second, local governments also serve as a delivery channel for specific products and services when they serve as Local Government Partnerships. Finally, local governments have a unique role as leaders of their communities. Increasingly, local governments are interpreting their moral responsibility for community well -being to include reducing greenhouse gas (GHG) emissions, increasing renewable energy usage, protecting air quality, creating green jobs, and malting the community more livable and sustainable. In response to the Commissions directive to continue "successful" government partnerships, SoCalGas hosted a public external stakeholder meeting with labor groups, environmentalists, academics, LGP's and others to seek input on our programs. A follow -up webinar with participants was conducted to share the results from the meeting. SoCalGas has partnered with SCE to further engage with their LGP's through meetings to seek partner feedback on their accomplishments, municipal and community needs as well as discuss success criteria. Through this open and collaborative process, SoCalGas and SCE were able to share feedback and conclusions through a webinar with their partners, and members of LGSEC. After completing a critical and comprehensive review of all the programmatic activities each local government partner engaged in, SoCalGas and SCE developed the following list of success criteria that was applied across each partnership concentrating on Government Facilities, Core Program Coordination/hnplementation and Strategic Plan Menu Support: 1. Did the Partnership complete audits and other project opportunity identification initiatives to plan municipal retrofits? 2. Did the Partnership complete retrofits and substantially achieve cost - effective energy savings goals for municipal facilities? 3. Did the Partnership conduct community events that increased community awareness of EE /DR /DG opportunities and participation in EE programs/ 4. Did the Partnership leverage the local government relationships and communications with the community to increase participation for core programs? 5. Did the Partnership leverage local government authority in advancing strategic plan goals including, but not limited to the following: a. Codes and Standard training b. Reach codes e. Climate Action Plans and Energy Action Plans d. Energy Management Systems /Enterprise Energy Management e. Energy policies Ensuring Continued Partnerships Meet Success Criteria Exhibit A 25C -27 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan The five (5) identified success criteria represent what SoCalGas and SCE felt were the core components that should be present in any Partnership. In the course of critically evaluating each partnerships programmatic activities, it also became apparent that not only do these criteria represent what a successful partnership looks like, but that these criteria are the progeny of the unique collaborative relationship present in our service territory, as such, the aggregate value of these criteria applied across the scope of the LGP program is greater than the sum of each individual partners contribution. To that end, the following provides details on how the LGP program and its individual partners will continue to meet the criteria identified above. Looking across the Program, each Partnership is anticipated to complete the targeted goals set forth in the 2010 -2012 program cycle, and has thus been identified as a "successful" Partnership to continue in the 2013 -2014 Transition Period. Moving forward, the LGP program will be working toward meeting the mid -term goals identified in the Energy Efficiency Strategic Plan, building off the success and momentum established during the 2010 -2012 cycle. SCE and SoCalGas have identified separate set of criteria to address our interest in expanding local government programs. The IOU's developed the following list of expansion criteria that will be applied across each partnership that is included into the program in 2013 -14. Partnerships will address the following priority areas: 1. Deeper retrofits within 2. Workforce education and training 3. Codes and Standards enforcement and training 4. Emerging technologies deployment 5. Water /Energy Nexus Further consideration will be taken on what additional resources will the Partnerships leverage to implement the expansion and address how the expanded Partnership complements existing Partnership efforts. SoCalGas has also been collaborating with PG &E, and will share the same criteria for those partnerships that are shared with PG &E. The Government Partnership program is designed to reach local governments in all of their roles. Depending upon the activity, SoCalGas may play a different role with the local govermment, ranging from service provider to supporter to equal partner. Local governments increasingly engage in strategic planning for GHG reduction not only in their facilities (represented in the municipal GHG inventory) but also in the community (analyzed in the community GHG emissions inventory). Opportunities increase for partnerships with utilities to meet mutual goals of energy reduction. Some of the key programs which LGPs will support in 2013 -14 include EUC workforce Education and Training, and Business hnprovement Districts. These governments can not only coordinate and integrate demand -side management (DSM) opportunities in each sector or market they influence, but also effectively leverage and promulgate low- income offerings. SoCalGas will develop a marketing plan and marketing collateral based on customer segmentation work and research to support outreach efforts. This customer segmentation will help SoCalGas develop an understanding of customers' needs and respond accordingly with products and services that customer's want. The segmentation analysis looks at what the customer requires and how the customer igtvc1vjth SoCalGas. SoCalGas will use many 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan delivery channels and marketing and outreach approaches to effectively reach customers. This will include a team of SoCalGas experts and industry professionals, varying by market sub - segment, to deliver integrated offerings to the customer. Expansion of Local Government Partnerships In the effort to expand on SoCalGas' success of their local government partnerships the LGP's will concentrate on several areas deemed necessary. LGP's will continue to promote EUC, a one- stop -shop for home improvement projects that lower energy use, conserve water and natural resources, and makes residences healthier and more comfortable. Deep energy retrofits will be a priority in the 2013 -2014 program cycle. A deep energy retrofit is a whole - building analysis and constriction process that uses integrative design to achieve much larger energy savings than conventional energy retrofits. Deep energy retrofits can be applied to both residential and non- residential ( "commercial ") buildings. Other Expansion Opportunities will include closing the gap between partnerships that currently have partnerships with SCE and adopting those partners into SoCalGas LGP program in 2013 -14 transition period. SoCalGas has initiated discussions with several potential new partners which are currently in partnerships with SCE. The new partnerships SoCalGas is joining include the following: City of Beaumont Partnership, City of Redlands Partnership, Western Riverside Council of Governments (COG) Energy Partnership, San Gabriel Valley COG Partnership, City of Santa Ana Partnership, City of Simi Valley Partnership, Gateway Cities Partnership, Westside Cities Partnership. SoCalGas has completed the first round of discussions, and is providing draft agreements to new partners.. SoCalGas has provided details of the new partnerships herein including their PIPS and budget details. Design for new PIPS is consistent with CPUC guidance including comprehensive and deep retrofits. SoCalGas has listened to feedback received from LGPs on needs which they face for being able to move forward with projects. The majority of local governments struggle with securing energy /sustainability resources, and current budget conditions make the availability of such resources unlikely for the foreseeable future. Limited staff, specific skills and geographical constraints limit local government's ability to engage in hands on energy efficiency. SoCalGas intends to start building resources to fill the noted gaps through a "virtual center" approach as an expansion to our current Local Government Partnership program offerings. The Program will commence in one region initially with the intent to roll out service territory wide in 2013 -14 program cycle. The program will support local govermnents (both partners and non- partners) and intends to drive increased comprehensive energy efficiency and will create deep energy savings by local governments by complimenting and leveraging resources as well as filling gaps that currently exist within local government organizations, CEC, PUC and SoCalGas energy efficiency programs. These gaps prevent local government from successfully implementing higher value energy efficiency projects that demonstrate energy efficiency leadership to the conummity and increase community wide energy efficiency participation. Lessons learned from past partnership initiatives have identified the need for improvement in resources that provide cost - effective, on demand energy management services, and expertise to 25C -29 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan enable local governments to create responsive, sustainable, and widespread public sector energy management results. The "virtual center" approach will provide turnkey resources through hands on support, results oriented energy management, and augmenting existing Local Government Partnerships. A suite of resources shall include project management support, engineering and analytical support, library of boiler plate agreements and templates that can support local government with the RFP process as well as assistance securing financing from various sources. Providing these resources will result in improved energy management activity and increased program participation through energy efficiency and financing programs. 2. Projected Program Budget Table Table 1 Program ri Main /Sub Program Name Administrative Amount Marketing Amount Direct Implementatio n Amount Incentive Amount Total Program Budget Amount Local Government Partnership Programs 3742 LGP -LA Cc Partnership $74,419 $43,431 $316,096 $0 $433,946 3743 LGP -Kern Cc Partnership $55,609 $30,446 $122,408 $0 $208,464 3744 LGP- Riverside Cc Partnership $54,022 $39,305 $200,790 $0 $294,117 3745 LGP -San Bernardino Cc Partnership $60,799 $38,305 $190,613 $0 $289,717 3746 LGP -Santa Barbara Cc Partnership $90,384 $54,461 $84,449 $0 $229,294 3747 LGP -South Bay Cities Partnership $73,335 $26,866 $207,731 $0 $307,932 3748 LGP -San Luis Obispo Cc Partnership $81,878 $47,594 $85,091 $0 $214,563 3749 LGP -San Joaquin Valley Partnership $64,732 $32,033 $97,524 $0 $194,289 3750 LGP - Orange Cc Partnership $67,438 $32,999 $171,500 $0 $271,938 3751 LGP -SEEC Partnership $46,659 $24,200 $224,535 $0 $295,394 3752 LGP-Community Energy Partnership $78,632 $41,305 $132,710 $0 $252,647 3753 LGP- Desert Cities Partnership $10,634 $12,328 $27,638 $0 $50,600 3754 LGP- Ventura County Partnership $99,378 $33,058 $203,725 $0 $336,161 3776 LGP-Gateway Cities Partnership $71,277 '. $34;282 .$220,564 $0 $326,123 -. 3777 LGP-Sam Gabriel Valle'COG Partnership - $102,260 $47,399" .$330,846 ;I$0 $480,505 `. 3778 LGPCjtyof Santa Ana' Partnership $51,805 °: $26,282 - .$65,705 - -$0 $143,792 3779 LGP -West Side Cities. Partnership $43,569 : $15,141 $39,423 $0 '.$98,133 3780 LGP -City of Simi Valley - Partnership $35,943 - $19,142= $43,423 ,$0 : $98,508 , 3781 LGP City of Redlands Partnership '. $48,080 $29,4231 $42,564 ($0 ;,$120,067 -: - 3782 LGP -Cit of Beaumont Partnership : $37,799 : $24282 $40;564 '.$0 '$102,645 3783 LGP - Western Riverside Energy Partnership - $100,151 l: : $45,399 $245705 "$0 S`$391,255 F3755 LGP -Local Government Energy Efficiency Pilots '. $30,000 f.` $100,000 .$300,000 '$0 ($430,000 3773 LGP -New Partnership (subject to CPUC ED approva $149,218 $167,124 $280,529 $0 $596,871 3774 LGP -LG Regional Resource Placeholder $93,194 $40,000 $511,673 $0 $644,867 TOTAL: $1,621,215 $1,004,805 $4,185,806 $0 $6,811,828 Note: SoCalGas LGP programs are non - resource; therefore, the above table indicates $0 for the incentive. LGPs will funnel projects to Incentive and Rebate Programs. 3. Program Element Description and Implementation Plan This LGP Master PIP describes each of the program elements listed below. The Master PIP discusses the major program elements of Goverment Facilities, California Long Term Energy Efficiency Strategic Plan (Strategic Plan) Support, and Core Program Coordination in an over- arching context in sections 4 - 6. Following the Master PIP discussion are sub -PIPS (which also cover sections 4 - 6) for the additional unique program elements for each of the individual Local Government' Partnerships. The sub -PIPS also discuss the three major program elements (Government Facilities, Strategic Plan Support, and Core Program Coordination). The sub -PIPS 25C -30 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan for individual LGPs provide details regarding any targeted or distinct aspects of the three main elements as they relate to that particular LGP. Program Element A. Government Facilities Al — Deep Retrofit Al — Deep Retrofit of County and Municipal Buildings A2 - Retro- commissioning A2 - Retro- commissioning A3 - Integrating Demand Response A3 - Integrating Demand Response A4 - Technical Assistance A4 - Technical Assistance A5 - On -Bill Financing A5 - On -Bill Financing B. Strategic Plan Support B1 - Code Compliance B2 - Reach Code Support B3 - Guiding Document Support B4 - Financing for the Community B5 - Peer to Peer Support C. Core Program Coordination C1- Outreach Education C2 - Third Party Program Coordination C3- Technical Assistance D. Local Government Regional Resource Program - (Unique Program Element E. Individual Local Government Partnerships Element - Government Facilities 4 — Program Element Description and Implementation Plan — ElementA - Government Facilities A. Government Facilities Al — Deep Retrofit A2 - Retro- commissioning A3 - Integrating Demand Response A4 - Technical Assistance A5 - On -Bill Financing Overview The Government Facilities element will be implemented by most of the unique individual Local Government Partners (LGPs). This section (4A — 6A) describes the standard overview, rationale, outcomes, and barriers associated with the Government Facilities element by an LGP. If an individual LGP has a distinctive or targeted approach to Government Facilities, that LGP's individual PIP will contain additional information. The individual LGPs will primarily target local government facilities /sites that are owned or leased by public agencies including city halls, administrative offices, recreation centers, fire stations, libraries. 25C -31 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Individual LGPs play an important role in assisting local governments (cities, counties and special districts) with retrofitting the facilities that they own and operate to achieve short and long term energy savings. While all local governments have access to SoCalGas programs and incentives to save energy, SoCalGas Government Partnership Program will work closely with the LGPs to build local capacities to achieve deep retrofits in government facilities' energy savings and to place these projects in the context of sustainability and climate change initiatives. Approaching efficiency through deep retrofits in government facilities in this way not only achieves short and long term energy savings, it also demonstrates a commitment to energy efficiency to the local government's constituents and the community at large. This, in turn, enables government partnerships to become champions for energy efficiency programs and other utility programs to further reduce usage in their communities. Additionally, a comprehensive approach to government facilities will be an important step to addressing Assembly Bill 32 (AB32) and other statewide or local GHG reduction requirements. This program element will include five sub - elements: Deep retrofits for Government Facilities, Government Facilities Retro - commissioning, support Integrated Demand Response, provide Technical Assistance, and On -Bill Financing. Al - Retrofits: Local Government Partnerships which choose to include a Government Facilities Retrofit element in their programs will achieve energy savings by providing technical, financial, managerial and administrative support to the government actor (usually a facilities manager) who initiates and implements deep energy- efficiency retrofit projects. Sometimes this entity is the same as the Partner, and other times it is a different entity. The degree of assistance provided will be tailored to each agency's needs, taking into account for energy savings potential, cost effectiveness, level of commitment, available finds and in -house technical expertise. This program element will be leveraged by and integrated with other programs such as retro - commissioning, supporting demand response and self - generation as appropriate to achieve comprehensive impacts while minimizing lost opportunities. Energy savings will be based on measures installed, e.g., retrofitted. Measures include, but are not limited to, the following: Measure End Use Types Planned Boiler System Retrofits, Boiler Control HVAC, Economizer Water Heating, Solar Thennal Natural Gas Water Pumps Other A2 - Retro- commissioning (RCx): Local Government Partnerships which choose to include a Government Facilities Retro - commissioning element in their programs will provide similar services as those described above for retrofits. RCx is a systematic process for identifying less - than- optimal performance in an existing building's equipment, lighting, and control systems and malting necessary adjustments. Whereas retrofitting involves replacing outdated equipment, RCx focuses on improving the efficiency of what is already in place. RCx will serve as a process for 25C -32 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan identifying opportunities for deep retrofits. As mentioned in Al, by bundling RCx with retrofits and other comprehensive options, the customer will optimize their efficiency and get the best bang for the buck. Measures include but are not limited to the following: Measure End Use Types Planned Boilers HVAC controls and tune up Water Heating Other A3 — Integrating Demand Response: LGPs will determine demand response (DR) potential in the course of comprehensively evaluating sites for energy efficiency retrofit and retro- comimissioning opportunities. DR will be integrated with energy efficiency and referrals to DR programs will be made as appropriate. In addition to DR programs, partnerships will continue to identify self - generation opportunities. SoCalGas will work with the Partnerships to ensure that comprehensive packages are made available to the local governments within that Partnership, including, for example a menu of DR options. The LGP will promote offerings through an integrated marketing collateral and sales approach. With additional market segmentation and feedback from customers, the utilities will adjust approaches in order to offer the combination of programs to best meet the varied needs of customers. The goal is to integrate offerings through building auditing and assessment, marketing materials and the strategic sales approach. A4 - Technical Assistance: While SoCalGas makes technical assistance available to all governments, the LGPs will have targeted resources to provide technical assistance to the agencies within each LGP's geographic area. This assistance is an integral component of LGP administered energy efficiency programs and may take the form of engineering audits, equipment specifications, engineering and cost - effectiveness calculations, field inspections, and equipment testing and analysis, and is an integral component of LGP - administered energy efficiency programs. Partnerships will provide technical support for developing, packaging and completing energy- efficient retrofit projects. Additionally, SoCalGas will provide partnerships with training and access to benchimarking technology such as the USEPA /Energy Star Benchmarking tool to identify the government facilities with the highest potential. Partnerships will also provide resources for city staff training and certification in the following; Building Operator Certification, Certified Energy Management, LEED accreditation, Green Point rated and other applicable trainings. This training will serve to build knowledge of energy management and resource conservation within the LGP. A5 - On -Bill Financing On -Bill Financing (OBF) will be offered to local governments for the qualified energy efficiency projects. In addition to OBF, LGPs may utilize other financing options such as CEC loans or municipal bonds as well as other state /federal grant programs. 25C -33 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Target Audience Al — Retrofit The target audience is Government Facilities, which can include municipal administration buildings as defined by NAICS 3 such as: City Libraries Fire Stations County Medical Hospitals County Correctional Facilities Police Stations Municipal Teen Centers Municipal Recreation Centers City/ County Museiuns Municipal Animal Shelters Public Works Department Facilities Municipal Water Agencies Municipal Transit Agencies A2 — Retro- commissioning Same as Al A3- Integrating Demand Response Same as Al A4 — Technical Assistance Technical assistance associated with government facility retrofits will be targeted at the appropriate city staff including Department of Public Works, Energy Office, Department of Building Inspection, Department of the Environment, etc. While each partnership might vary slightly, the key target audience will be energy managers. A5 — On -Bill Financing SoCalGas offers zero percent financing to eligible customers with up to $250,000 per meter for taxpayer - funded institutional customers (e.g., cities, counties, other public agencies, etc.) and $100,000 per meter for non - institutional customers. Implementation Al — Retrofit The LGPs will offer a comprehensive portfolio of energy efficiency programs that target deep retrofits in municipal facilities. Partnerships will seek opportunities for comprehensive energy efficiency retrofits in municipal facilities to achieve deep retrofits by bundeling a combination projects such as HVAC, hot water heating, lighting, vending machines, and computer networks. By partnering with local governments, Partnerships are well positioned to promote energy efficiency in their communities. Retrofit program offerings will include energy audits, calculated and prescriptive rebates, and direct installation of a comprehensive portfolio of measures. To promote this program elern2% jr�ips will distribute throughout their 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan networks marketing materials and information that is well coordinated with utility and statewide marketing plans. The Partnerships will also leverage their community relationships as well as community based organizations and associations. Partnerships may also directly market to municipal and special district staffs and engage key stake holders within the local government and the commniity. Partnerships will work to achieve both immediate and comprehensive, long- term energy savings. Energy efficiency strategies and measures will be coordinated throughout municipal departments to streamline implementation. Partnerships will implement energy efficiency by providing comprehensive assessments, conservation measures and training and education to the local governments. A2 — Retro- commissioning (RCx) LGPs with a Government Facilities Retrofit element may choose to include a Government Facilities RCx program element. Such LGPs will perform field -based functional tests at the building system and /or building subsystem level to identify RCx opportunities that will deliver energy and demand savings. Each Partnership will tailor minimum criteria (as developed by SoCalGas) to identify RCx projects that will deliver the most savings. Each potential project will be assessed by technical feasibility and cost effectiveness. Preliminary investigation of a site's potential will include on -site equipment testing, monitoring, and/or verifying proper operation and calibration of a sample of the building systems and/or building sub - systems to be included in the proposed RCx projects. A3- Integrating Demand Response In evaluating opportunities in government facilities, Government Partnerships will also determine demand response potential. LGPs will make referrals to demand response programs as appropriate. In addition to demand response programs, partnerships will continue to identify self- generation. Refer to the Integration PIP for more detailed information. A4 — Technical Assistance Assistance will be tailored to each agency's needs, scaled to the potential energy savings and level of commitment of the participating agency, and strategically applied to leverage the most savings from available resources. Technical assistance may also include education and training, support for peer networking to support best practices, team building and staff training. A5 — On -Bill Financing Refer to the OBF section included in Testimony Chapter 3 5 - Program Element Rationale and Expected Outcome — Element A - Government Facilities a) Quantitative Baseline and Market Transformation Information Market Transformation (MT) metrics proposed in Tables 2 and 3 are preliminary. The proposed metrics are meant to initiate a collaborative effort to elaborate meaningful metrics that will provide overall indicators of how markets as a whole are evolving. MT metrics should neither be used for short-terni analyses nor for specific program analyses; rather, should focus on broad market segments. Market transformation is embraced as an ideal end state resulting from the collective efforts of the energy efficiency field, but diffli i,gg id gridings of both the MT process and the 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan successful end state have not yet converged. The CPUC defines the end state of MT as "Long- lasting sustainable changes in the structure or functioning of a market achieved by reducing barriers to the adoption of energy efficiency measures to the point where further publicly- funded intervention is no longer appropriate in that specific market."' The Strategic Plan recognizes that process of transformation is harder to define than its end state, and that new programs are needed to support the continuous transformation of markets around successive generations of new technologies 2. Market transformation programs differ from resource acquisition programs on 1) objectives, 2) geographical and 3) temporal dimensions, 4) baselines, 5) performance metrics, 6) program delivery mechanisms, 7) target populations, 8) attribution of causal relationships, and 9) market structures 3. Markets are social institutions4, and transformation requires the coordinated effort of many stakeholders at the national level, directed to not immediate energy savings but rather to intermediary steps such as changing behavior, attitudes, and market supply chains as well as changes to codes and standards. Resource acquisition programs rely upon the use of financial incentives, but concerns have been raised that these incentives distort true market price signals and may directly counter market transformation progress 6. According to York , "Market transformation is not likely to be achieved without significant, permanent increases in energy prices. From an economic perspective, there are 3 ways to achieve market transformation: (1) fundamental changes in behavior, (2) provide proper price signals, and (3) permanent subsidy." The question of what constitutes successful transformation is controversial because of a Catch -22: Market transformation is deemed successful when the changed market is self - sustaining, but that determination cannot be made until after program interventions are ended. Often, however, the need for immediate energy and demand savings or immediate carbon - emissions reductions will mean that program interventions may need to continue, which would interfere with the evaluation of whether MT is self - sustaining. Market transformation success has also been defined in terms of higher sales of efficient measures than would have otherwise occurred against a baseline absent of program interventions. The real world, however, provides no such control condition. Evaluators must estimate these baselines from quantitative factors such as past market sales that may be sparse and /or inaccurate - particularly for new products. Evaluations must also defer to expert judgments on what these baselines may have been as well as on the degree of successful market California Public Utilities Commission Decision, D.98 -04 -063, Appendix A. California Public Utilities Commission (2008) California Long Term Energy Efficiency Strategic Plan, p. 5. Available at http : / /www.califomiacnergyeffici ency. com/does /EEStrategi eP I an.pdf s Peloza, J., and York, D. (1999). "Market Transformation: A Guide for Program Developers." Energy Center of Wisconsin. Available at: http: / /www.ecw.org /ecwresulte /189 -I.pdf a Blumstein, C., Goldstone, S., & Lutzenhiser, L. (2001) "From technology transfer to market transformation'. Proceedings of the European Council for an Energy Efficient Economy Summer Study. Available at http: // www.cocce.org/ conference_proceedings /ecece/2001/Pancl_2 /p2 7 /Paper/ s Sebold, F. D., Fields, A., Skumatz, L., Feldman, S., Goldberg, M., Keating, K., Peters, J, (200 1) A Frameworlcfor Planning and Assessing Publicly Funded Energy Efficiency. p. 6 -4. Available at www.calmae.org. a Gibbs, M., and Townsend, J. (2000). The Role of Rebates in Market Transformation: Friend or Foe. In Proceedings from 2000 Summer Study on Energy Efficiency in Buildings. York, D., (1999). "A Discussion and Critique of Market Transformation', Energy Center of Wisconsin. Available at http: // www .eew.org /ecwresults/i 86- l.pdf. 25C_36 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan transformation$. Due to the subjective nature of these judgments, it is imperative that baselines as well as milestone MT targets be determined and agreed upon through collaborative discussion by all stakeholders, and these targets may need periodic revision as deemed necessary by changing context. Market transformation draws heavily upon diffusion of innovation theory 9, with the state of a market usually characterized by adoption rate plotted against time on the well -known S- shaped diffusion curve. In practice, however, the diffusion curve of products may span decades10. Market share tracking studies conducted 3, 5 or even 10 years after the start of an MT program may reveal only small market transformation effects 11. The ability to make causal connections between these market transformation effects and any particular program's activities fades with time, as markets continually change and other influences come into play. These challenges mentioned above are in reference to programs that were specifically designed to achieve market transformation; and these challenges are only compounded for programs that were primarily designed to achieve energy and demand savings. However, since the inception of market transformation programs almost two decades ago, many lessons have been learned about what the characteristics of successful MT programs are. First and foremost, they need to be designed specifically to address market transformation. "The main reason that (most) programs do not accomplish lasting market effects is because they are not designed specifically to address this goal (often because of regulatory policy directions given to program designers.) 12" The Strategic Plan recognizes that regulatory policies are not yet in place to support the success of market transformation efforts 13, but also reflects the CPUC's directive to design energy efficiency programs that can lay the groundwork for either market transformation success or for codes and standards changes. Above all else, the hallmark of a successful market transformation program is in the coordination of efforts across many stakeholders. The most successful MT programs have involved multiple organizations, providing overlapping market interventions 14. The Strategic Plan calls for coordination and collaboration throughout, and in that spirit the utilities look forward to working with the CPUC and all stakeholders to help achieve market transformation while meeting all the immediate energy, demand, and environmental needs. Drawing upon lessons learned from past MT efforts, the Energy Center of Wisconsin's guide for MT program developers 15 suggests that the first step is not to set end -point definitions, progress metrics or goals. Rather, the first steps include forming a collaborative of key participants. As the Strategic Plan suggests, these may include municipal utilities, local governments, industry and business leaders, and conslumers. Then, with the collective expertise of the collaborative, we can define markets, characterize markets, measure 'Nadel, S., Thorne, J., Sachs, H., Prindle, B., and Elliot, R.N. (2003). "Market Transformation: Substantial Progress from a Decade of Work." American Council for an Energy - Efficient Economy, Report Number A036, Available at: http: / /www.acece.org /pubs /a036full.pdf Rogers (1995) Diffusion of Innovations, 5`h Ed. 1p Example in bottom chart of this graphic from NYTimcs: http://www.nytinies.coliVimigepages/2008/02/1 O/opinion/l Oop.graphic.ready.html � � Sebold et al (2001) p. 6 -5, 12 Peters, J.S., Mast,B., Ignelzi, P, Megdal, L.M. (1998). Market Effects Summery Study Final Report: Volume 1. "Available at http: / /calmac.org /publications /I 9981215CAD0001 ME.PDF. is CPUC (2008) Strategic Plan, p. 5, in Nadel, Thorne, Saches, Prindle & Elliot (2003). �s Peloza & York, (1999). 25C-37 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan baselines with better access to historical data, and define objectives, design strategies and tactics, implement and then evaluate programs. The collaborative will also provide insights that will set our collective expectations for the size of market effects we can expect, relative to the amount of resources we can devote to MT. No one organization in the collaborative will have all the requisite information and expertise for this huge effort. This truly needs to be a collaborative approach from the start. The metrics and baselines described below in Tables 2 and 3 are presented for the purposes of starting the much - needed discussion between all key participants. These are suggestions, intended to allow key participants to pilot -test processes for establishing baseline metrics, tracking market transformation progress, and for refining evaluation tools. Early trial of these evaluation metrics will reveal any gaps in data tracking so that we may refine our processes before full -scale market transformation evaluations take place. The set of metrics we selected is intentionally a small set, for several reasons. First, as mentioned, the full set of metrics and baselines need to be selected by key participants. Second, we anticipate that market share data for many mid- and low- impact measures will be too sparse to show MT effects and not cost - effective to analyze. Third, we selected core measures and metrics that would both be indicative of overall portfolio efforts. These measures are also likely to be offered on a broad level by other utilities, providing a greater base of sales and customer data that could be analyzed for far- reaching MT effects. Therefore, for the Local Government Partnerships the following approach to quantitative baseline and market transformation information is presented as follows. The utilities recommend development of a baseline, and tracking the number of cities, counties and government institutions that have plans for written energy efficiency provisions. Such a metric relates directly to the Strategic Plan (Goal 12.3.4) in terms of measuring progress towards 50% plans for sustainability. In addition, we propose tracking community adoptions of new construction model reach codes, both residential and nonresidential. This metric aligns with the Strategic Plan (Goal 12.3.1). In addition to being a direct indicator of support by local government partnerships, community adoptions of model reach codes are of strategic interest to the CPUC. A proliferation of dissimilar reach codes would confuse the market relative to building codes and incentive programs. Model reach codes to be developed by Codes and Standards would allow energy efficiency efforts across partners to be aligned with a clear target for each climate zone. As discussed in the Local Government PIPS, the IOUs intend to work closely with partners in establishing baseline code compliance levels and pushing for model reach codes. With this discussion in mind, IOUs propose the following metrics for this sector: 25C -38 Baseline Metric Metric A Metric B Baseline inventory of Energy Efficiency cities, counties and Action 'Plans government institutions within the 25C -38 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan b) Market Transformation Information As stated above, market transformation draws heavily upon diffusion of innovation theory, with the state of a market characterized by adoption rate plotted against time on the well - known S- shaped diffusion curve. In practice, however, the diffusion curve of products may span decades. Market share tracking studies conducted 3, 5 or even 10 years after the start of an MT program may reveal only small market transformation effects. Therefore it is problematic, if not impractical, to offer internal annual milestones towards market transformation sectors and specific program activities. As a consequence, it is not appropriate to offer more than broad and general projections. Any targets provided in the following table are nothing more than best guesstimates, and are subject to the effects of many factors and market forces outside the control of program implementers. Table 3 IOU territory that 2013 have adopted such Baseline inventory of energy planning cities, counties and documents as Energy government Action Plans, Climate institutions within the IOU territory that have Improvement over Action Plans and adopted such energy baseline, over time Sustainability Plans, planning documents as and General Plans Energy Action Plans, with energy or climate Climate Action Plans elements. In coordination with Codes and Standards, develop a baseline Model Reach Codes inventory of cities and counties within the IOU territory with adopted model reach codes b) Market Transformation Information As stated above, market transformation draws heavily upon diffusion of innovation theory, with the state of a market characterized by adoption rate plotted against time on the well - known S- shaped diffusion curve. In practice, however, the diffusion curve of products may span decades. Market share tracking studies conducted 3, 5 or even 10 years after the start of an MT program may reveal only small market transformation effects. Therefore it is problematic, if not impractical, to offer internal annual milestones towards market transformation sectors and specific program activities. As a consequence, it is not appropriate to offer more than broad and general projections. Any targets provided in the following table are nothing more than best guesstimates, and are subject to the effects of many factors and market forces outside the control of program implementers. Table 3 15C: -Ju Internal Market Transformation Planning Estimates 2013 2014 Baseline inventory of cities, counties and government institutions within the IOU territory that have Improvement over Improvement over adopted such energy baseline, over time baseline, over time planning documents as Energy Action Plans, Climate Action Plans 15C: -Ju 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan and Sustainability Program Target by 2013 Program Target by 2014 Plans, and General N/A N/A Plans with energy or N/A N/A climate elements. N/A N/A In coordination with N/A N/A Codes and Standards, energy use in municipal facilities. In line with develop a baseline the Strategic Plan, the 2013 - 2014program inventory of cities and Improvement over Improvement over counties within the baseline, over time baseline, over time IOU territory with adopted model reach codes c) Program Design to Overcome Barriers: Refer to individual partnership PIP section. d) Quantitative Program Objectives: Table 4 Program /Element Program Target by 2013 Program Target by 2014 Target 41 N/A N/A Target 42 N/A N/A Target #3 N/A N/A Target #4 N/A N/A Refer to individual partnership PIP section. 6 - Other Program Element Attributes- Element A - Government Facilities Other Program Element Attributes Government Facilities a) Best Practices: Describe why program The approach to Local Government Facilities element approach constitutes "best practice" constitutes a best practice because it or reflects "lessons learned" in market incorporates the lessons learned from past strategies, program design and /or program cycles. SOCalGas has seen that, as implementation techniques, or past local governments become champions for experience. Provide references where energy efficiency in their communities, there is available. an increased focus on leading by reducing energy use in municipal facilities. In line with the Strategic Plan, the 2013 - 2014program cycle will pave the path for a 20% reduction below 2003 levels by 2015 and 20% below levels by 2020. 25C -40 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Other Program Element Attributes b) innovation: Describe any unique or innovative aspects of prograin element not previously discussed. Why is this innovative? c) Interagency Coordination: Describe any interagency coordination with the ARB, CEC on PIER or Codes and Standards; non - utility market initiatives; energy efficiency market forces, opportunities and trends; and timeline by which market segment will be "transformed" or other aspects of the program. d) Integrated/coordinated Demand Side Management: Describe how program will achieve integrated or coordinated delivery of all DSM options, as well as ESAP and WET. (If this is an integral part of the program element and fully covered Linder #4 note that here.) Describe in detail how program will achieve integrated or coordinated delivery of DSM options (energy efficiency, demand Government Facilities The Government Facilities program element incorporates innovative aspects of program design, as discussed above. These include benchmarking, community finance, and training the facilities work within a climate action framework. Government Partnerships have used innovative solutions to address barriers. In using benchmarking technology and other technical assistance, Government Partnerships plan to prioritize the facilities that are best suited for retrofits. Additionally, each partnership will work to address potential barriers by sharing solutions and best practices. The Partnerships program will explore options for addressing financial barriers (e.g., support for California Energy Commission (CEC) loans and other funding opportunities) and support individual Partners that want to pilot new approaches, such earmarking energy savings in a separate fund to ensure that savings do not go back into the general fund. The Government Partnerships program will foster coordination in relation to government facilities efficiency, encouraging LGPs to make use of coordination resources including: • Participate in the CEC loan program for governments. • CEC's Public Interest Energy Research (PIER) program • "EPA Energy Star Low Carbon IT Campaign Ally" with their power management savings program. • Work with the ARB as well as other agencies to co- market materials, co- brand programs, etc. Partnerships will achieve coordinated delivery of DSM options. Some LGPs will achieve integration of all elements, while others will only integrate a few. The integrated elements will include: • Integrated energy audits will be offered to government facilities that show savings potential and are willing to commit to the additional time and 25C -41 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Other Program Element Attributes response, and onsite generation) where applicable including integrated program design and delivery, shared budgets, program evaluation, and incentive mechanisms that promote greater integration of DSM resources. Provide a complete description for all the technologies, including integration supporting technologies that will be included in the program. If the program does not include all DSM options as noted above, briefly provide an explanation for a more limited subset of DSM technologies. Utilize Attachment 5A to highlight any shared or leveraged budget categories and amounts (admin, incentives, ME &O, and other applicable categories). e) Integration across resource types (energy, water, air quality, etc): If program aims to integrate across resources types, provide rationale and general approach. (If this is an integral part of the program element and fully covered under 94 note that here.) 0 Pilots: Describe any pilot projects that are part of this program (If this was fully covered under #4, note that here.) Government Facilities financial investments. Standard energy efficiency audits will be offered to most program participants. Emerging Technologies and CEC -PIER collaboration is expected to include pilot projects and market acceleration assistance for market -ready products in the general categories of day lighting, lighting, HVAC, controls, and building envelope improvements. Commissioning and retro - commissioning services will be continued to segment customers. Demand response opportunities will be targeted in the larger facilities, particularly as part of monitoring -based retro- commissioning efforts where the controls to facilitate demand response efforts would be installed. • Coordination with ESAP to provide services to middle- income ( "just above ESAP ") customers. Government Partnerships will encourage conversations with other resource agencies including water, air quality and transportation authorities. The partnerships will enable individual LGPs to coordinate with other resource programs, such as water, waste, in achieving efficiencies in government facilities. Some of the Pilots may address government facility efficiency. Smaller pilots may be implemented by individual LGPs as part of their partnership activity. The Government partnership team intends to do an assessment of government facilities and may pilot new approaches as a result of this assessment. 25C -42 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Other Program Element Attributes Government Facilities g) EM &V: Describe any process evaluation or A process evaluation will be conducted by a other evaluation efforts that will be third party evaluator. The evaluation will assess undertaken by the utility to determine if the communication and coordination effectiveness program is meeting its goals and objectives. between partners as well as satisfaction with the Include the evaluation timeframe and brief service and increased awareness of energy description of scope, as well as a summary of efficiency opportunities. A combination of specific methodologies, if already developed. interviews and focus groups will likely be used If not developed, indicate the process for to collect data. The evaluation is expected to developing them. Include reference to build upon results found in the recently tracking databases that will be used for completed process evaluation for PY2006 to evaluation purposes. 2008. Element B - Strategic Plan Support 4 — Program Element Description and Implementation — Element B - Strategic Plan Support B. Strategic Plan Support B 1 - Code Compliance B2 - Reach Code Support B3 - Guiding Document Support B4 - Financing for the Community B5 - Peer to Peer Support Overview The Strategic Plan Support element will be implemented primarily through various strategies described in the Menu of Local Government Strategies for the California Long -Term Energy Efficiency Strategic Plan. The ultimate goal for local governments in the Strategic Plan is to embed and institutionalize energy efficiency in their policies, programs and processes. Individual LGPs will also play an important role in furthering the strategic plan. This section (4E — 613) describes the standard overview, rationale, outcomes, and barriers associated with an individual LGPs implementation of the Strategic Plan support element. If an individual LGP has a different or targeted approach to Government Facilities, that LGP's individual PIP will contain additional information. It is important to note that individual Partners vary widely in terms of how appropriate and/or ready each Partner is to undertake activities related to supporting the Strategic Plan. The functions for Strategic Plan support are quite distinct (from codes to policy to finance). Given the diversity of entities serving as the individual LGP, some Partners can accommodate all of the distinct roles required for Strategic Plan support while others cannot. The partners that directly represent a government entity will have different responsibilities and capabilities than those partners that represent a regional group. For example, governments are appropriate entities to enact policies including reach codes, GHG targets, and general plan 25C -43 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan updates, but regional groups are better positioned to perform broader functions such as developing regional plans. In cases where the individual Partner does not function as a leader for some or all of the Strategic Plan initiatives (codes, climate plans, financing, and peer support), the Partner can often still play a supporting role. Partners exhibit varying readiness to engage in Strategic Plan activity. Some partners have very limited staff and budgets and may be engaging in energy efficiency and sustainability issues for the first time. Other partners have been working on these issues for several years and are among the leading municipalities in the country in their sustainability efforts. Therefore, the approach to achieve Strategic Plan initiatives will need to be tailored to suit the individual needs and capabilities of each Partner. Local Government Partnerships will also implement, to varying degrees, aspects of the Strategic Plan Support element. The degree will depend on how far along the energy efficiency learning curve the partnership is. The Strategic Plan activities focus on long term change that will result in permanent, sustainable energy savings, and that draw on the unique capabilities of local governments, otherwise cannot be performed by other entities. This work should occur across departments so that energy efficiency practices become business as usual in planning, building, finance departments, public policy development and other functions of the local government agency. The following section catalogs approaches and techniques that LGPs may choose to utilize to make constructive use of local government policies and services to promote community sustainability. BI - Code Compliance The Code Compliance sub - element will be implemented primarily through the Codes and Standards program, as described in the Codes and Standards PIP. Some individual LGPs will take action related to code compliance by engaging in a range of activities that will be coordinated with the Codes and Standards program. LGP Code Compliance activities may include training local government staff that is charged with code compliance in coordination with SoCalGas Codes and Standards program or through training and education classes. LGP activity may also include developing and implementing certification programs for local inspectors and contractors. LGPs may assist with marketing in coordination with SoCalGas and statewide marketing activities, including advertising training opportunities to relevant trades, raising awareness of current codes among business and residential customers and encouraging compliance. Local Governments often have access to constituents through existing relationships and can use those routes to enhance or complement other energy efficiency marketing activities. Please refer to the Codes and Standards PIP for further information. B2 - Reach Code Support The Reach Code Support sub - element will be implemented primarily through the Codes and Standards program. Some individual Partnerships may choose to include Reach Code activities to promote local codes that exceed Title 24 requirements. Again, all reach code support activity will be coordinated with the Codes and Standards program. Partnerships that include Reach Code activities could perform activities that range from training local government staff regarding adoption and implementation of model rel]Zc les�oo establishing expedited permitting and 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan entitlement approval processes, fee structures and other incentives for green buildings and other above -code developments. Examples could include green building standards for new construction and retrofits /retro- commissioning or carbon offset reduction programs that exceed Title 24. SoCalGas will provide training through its Education and Training program. LGPs may attend training and /or market the training to relevant trades, in coordination with utility and statewide marketing activities. Please refer to the Codes and Standards PIP for further information. 133- Guiding Document Support This program element will help government's complete GHG emissions inventories and climate action plans in accordance with the process developed by ICLEI and help develop guiding documents that effectively and methodically reduce community energy consumption and GHG emissions. Those partnerships that include this program element could perform activities that range from quantifying a municipality's baseline energy use, to developing a climate action plan to reduce energy use to developing policies to be incorporated into a general plan. Those partners who have not yet developed their baseline energy use could include activities to inventory their municipal operations and commumity GHG emissions that would support strategic planning to increase use of SoCalGas energy efficiency, demand response, renewables, and other applicable programs. Advanced Partnerships and the individual Partners with a more regional focus could develop local policy documents that could include energy elements in general plans, energy efficiency recommendations for new developments, energy- efficient equipment purchasing guidelines, community climate action plans, and analyses for energy conservation codes and ordinances targeting the private sector. Advanced Partnerships and the individual Partners with a more regional focus may assist municipalities within their jurisdictions with energy policies. For example, they may develop Community Energy Policy Packages for adopting and implementing a local energy initiative. This package may include draft policy language, a recommendation for legal authority (ordinance versus policy document versus administrative mandate); guidance and checklist for successful implementation (including assigning policy implementation to a sympathetic city department); staff report guidelines and discussion on implementations issues (e.g., how to frame objectives, scope, triggering mechanisms, requirements, and enforcement strategies). These services may also include technical assistance for agencies pursuing adoption of local policies, and may include estimating local savings impacts, providing supporting calculations or analysis of staff reports, etc. B4 - Financing for the Community Some individual LGPs will implement some aspect of financing as part of their activity. A new program element will be offered to Partners to help governments explore financing opportunities such as low- interest loans through the California Energy Commission (CEC). The CEO's Energy Efficiency Financing Program provides financing for schools, hospitals and local governments through low- interest loans for feasibility studies and the installation of energy- saving measures. For those partners who include this program element, the Partnership could provide project financial analysis assistance to quantify energy efficiency project economics in terns understood by local govermnent decision makers, and could assist facility engineering staff in presenting projects for approval. Assistance may include providing life cycle cost analysis and illustrating 25C -45 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan how energy efficiency investments can be structured to pay for themselves, while also freeing up resources through lower future facility operating costs. B5 — Peer to Peer Support Individual LGPs may participate in peer sharing forums and the quarterly partner networking events set up by SoCalGas. Individual LGPs may also set up their own networks for the governments within their area. LGPs provide an opportunity to raise awareness among local government staff and create connections across departments to lay the groundwork for the long- term change that is laid out in the strategic plan. Peer to peer exchange is one method for building local government energy efficiency knowledge and capability. LGP peer to peer exchange also may benefit utility and third party implementation staff where local government staff provides information about their local community needs and the inner workings of their local government. Information sharing can occur within each Partnership (across Partnership members), across local government staff and across Partnerships. Peer to peer support will help local governments develop energy efficiency policy and program initiatives to promote energy efficiency within the local government community. Those Partners who choose to include this element in their program could utilize a combination of peer forums, local government- focused workshops, and a web based clearinghouse that will provide specific energy efficiency information and resources. Support networks would encompass those already working in energy efficiency or related areas such as environment, climate or sustainability and those whose primary function is not directly related to energy efficiency such as building inspectors, maintenance staff and city council members. The expected outcomes are the exchange of information within, across and from Partnerships to broader local government staff. The range of expected impacts is consistent with elements of the strategic plan and includes: • Increased knowledge and awareness of energy efficiency, • Changes in local government behaviors related to energy efficiency, • Increased ability to implement energy efficiency within local government, and • Creation of linkages across local government staff and added resources that maximize the government's ability to develop goals and implement strategies around energy efficiency and carbon reduction. Non - Incentive Services The functions and activities discussed in this section are all non - incentive services. Target Audience The Partnership program will assist local governments, quasi- goverrnments, nonprofits focused on the public sector, and their agents in achieving objectives of the Strategic Plan. Each Partner's actions in this arena will benefit their respective constituents, including but not limited to residents, inspectors, contractors, small businesses, and other local governments. 25C -46 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Implementation For each of the five Strategic Plan Support elements described, implementation will vary across the LGPs. For detailed information about implementation, please see the Individual LGP PIPS and Supplemental Filing —Local Government Partnership Strategic Plan Proposals in Compliance with D.09 -09 -047 (Advice Letter 2445 -E -A). In general, each Partnership contract will identify which strategic plan program elements will be included in the partnership program and the associated budget. The utility and partner responsibilities will be defined for each program element included in the partnership. 5 - Program Element Rationale and Expected Outcome — Element B - Strategic Plan Support a) Quantitative Baseline and Market Transformation Information Market Transformation (MT) metrics proposed in Tables 3 and 4 are preliminary. The proposed metrics are meant to initiate a collaborative effort to elaborate meaningful metrics that will provide overall indicators of how markets as a whole are evolving. MT metrics should neither be used for short-term analyses nor for specific program analyses; rather, should focus on broad market segments. Market transformation is embraced as an ideal end state resulting from the collective efforts of the energy efficiency field, but differing understandings of both the MT process and the successful end state have not yet converged. The CPUC defines the end state of MT as "Long- lasting sustainable changes in the structure or functioning of a market achieved by reducing barriers to the adoption of energy efficiency measures to the point where further publicly- funded intervention is no longer appropriate in that specific market." 16 The Strategic Plan recognizes that process of transformation is harder to define than its end state, and that new programs are needed to support the continuous transformation of markets around successive generations of new technologies 17. Market transformation programs differ from resource acquisition programs on 1) objectives, 2) geographical and 3) temporal dimensions, 4) baselines, 5) performance metrics, 6) program delivery mechanisms, 7) target populations, 8) attribution of causal relationships, and 9) market structures 18. Markets are social institutions 19, and transformation requires the coordinated effort of many stakeholders at the national level, directed to not immediate energy savings but rather to intenriediary steps such as changing behavior, attitudes, and market supply chains 20 as well as changes to codes and standards. Resource acquisition programs rely upon the use of financial incentives, but concerns have been raised that these incentives distort true market price signals and may directly counter market transformation re California Public Utilities Commission Decision, D.98 -04 -063, Appendix A. California Public Utilities Commission (2008) California Long Term Energy Efficiency Strategic Plan, p. 5. Available at http:// www. califomiaenergyefficiency .com/does/EEStrategicP [an.pdf "Peloza, J., and York, D. (1999). "Market Transformation: A Guide for Program Developers." Energy Center of Wisconsin. Available at: http: / /www.ecw.org /ecwresults /189 -l.pdf " Blumstem, C., Goldstone, S., & Lutzenhiser, L. (2001) "From technology transfer to market transformation ". Proceedings of the European Council for an Energy Efficient Economy Summer Study. Available at http: / /www.eccee.org /confaence proceedings /eeeee/2001/13ancl_2 /p2_7 /Paper/ 20 Sebold, F. D., Fields, A., Skumatz, L., Feldman, S., Goldberg, M., Keating, K., Peters, J. (2001) A Frameworkfor Planning and Assessing Publicly Funded Energy Efficiency. p. 6 =147vw cahnac.org 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan progress 21. According to York22, "Market transformation is not likely to be achieved without significant, permanent increases in energy prices. From an economic perspective, there are 3 ways to achieve market transformation: (1) fundamental changes in behavior, (2) provide proper price signals, and (3) permanent subsidy." The question of what constitutes successful transformation is controversial because of a Catch -22: Market transformation is deemed successful when the changed market is self - sustaining, but that determination cannot be made until after program interventions are ended. Often, however, the need for immediate energy and demand savings or immediate carbon- emissions reductions will mean that program interventions may need to continue, which would interfere with the evaluation of whether MT is self - sustaining. Market transformation success has also been defined in terms of higher sales of efficient measures than would have otherwise occurred against a baseline absent of program interventions. The real world, however, provides no such control condition. Evaluators must estimate these baselines from quantitative factors such as past market sales that may be sparse and /or inaccurate - particularly for new products. Evaluations must also defer to expert judgments on what these baselines may have been as well as on the degree of successful market transformation 23. Due to the subjective nature of these judgments, it is imperative that baselines as well as milestone MT targets be determined and agreed upon through collaborative discussion by all stakeholders, and these targets may need periodic revision as deemed necessary by changing context. Market transformation draws heavily upon diffusion of innovation theory24, with the state of a market usually characterized by adoption rate plotted against time on the well -known S- shaped diffusion curve. In practice, however, the diffusion curve of products may span decades25. Market share tracking studies conducted 3, 5 or even 10 years after the start of an MT program may reveal only small market transformation effects 26. The ability to make causal connections between these market transformation effects and any particular program's activities fades with time, as markets continually change and other influences come into play. These challenges mentioned above are in reference to programs that were specifically designed to achieve market transformation; and these challenges are only compounded for programs that were primarily designed to achieve energy and demand savings. However, since the inception of market transformation programs almost two decades ago, many lessons have been learned about what the characteristics of successful MT programs are. First and foremost, they need to be designed specifically to address market transformation. "The main reason that (most) programs do not accomplish lasting market effects is because they are not designed specifically to address this goal (often because of regulatory policy directions given " Gibbs, M., and Townsend, J. (2000). The Role of Rebates in Market Transformation: Friend or Foe. In Proceedings from 2000 Summer Study on Energy Efficiency in Buildings. " York, D., (1999). "A Discussion and Critique of Market Transformation ", Energy Center of Wisconsin. Available at http://www.eew.org/eewresults/186-I.pdf. 23 Nadel, S., Thorne, J., Sachs, H., Prindle, B, and Elliot, R.N. (2003). "Market Transformation: Substantial Progress from a Decade of Work" American Council for an Energy - Efficient Economy, Report Number A036. Available at: http://www.aceec.org/pitbs/aO36full.pdf 24 Rogers (1995) Diffusion of Innovations, 5`h Ed. 2' Example in bottom chart of this graphic from NYTimes: http : / /www,nytinies.com /imagepages/ 2008 /02/10/ opinion /I Oop.graphic.ready.html 21 Sebold et al (2001) p. 6 -5, 25C-48 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan to program designers .)27" The Strategic Plan recognizes that regulatory policies are not yet in place to support the success of market transformation efforts 28, but also reflects the CPUC's directive to design energy efficiency programs that can lay the gronmdwork for either market transformation success or for codes and standards changes. Above all else, the hallmark of a successful market transformation program is in the coordination of efforts across many stakeholders. The most successful MT programs have involved multiple organizations, providing overlapping market interventions 29. The Strategic Plan calls for coordination and collaboration throughout, and in that spirit the utilities look forward to working with the CPUC and all stakeholders to help achieve market transformation while meeting all the immediate energy, demand, and environmental needs. Drawing upon lessons learned from past MT efforts, the Energy Center of Wisconsin's guide for MT program developers 30 suggests that the first step is not to set end -point definitions, progress metrics or goals. Rather, the first steps include forming a collaborative of key participants. As the Strategic Plan suggests, these may include municipal utilities, local governments, industry and business leaders, and consumers. Then, with the collective expertise of the collaborative, we can define markets, characterize markets, measure baselines with better access to historical data, and define objectives, design strategies and tactics, implement and then evaluate programs. The collaborative will also provide insights that will set our collective expectations for the size of market effects we can expect, relative to the amount of resources we can devote to MT. No one organization in the collaborative will have all the requisite information and expertise for this huge effort. This truly needs to be a collaborative approach from the start. The metrics and baselines described below in Tables 2 and 3 are presented for the purposes of starting the much - needed discussion between all key participants. These are suggestions, intended to allow key participants to pilot -test processes for establishing baseline metrics, tracking market transformation progress, and for refining evaluation tools. Early trial of these evaluation metrics will reveal any gaps in data tracking so that we may refine our processes before full -scale market transformation evaluations take place. The set of metrics we selected is intentionally a small set, for several reasons. First, as mentioned, the full set of metrics and baselines need to be selected by key participants. Second, we anticipate that market share data for many mid- and low- impact measures will be too sparse to show MT effects and not cost - effective to analyze. Third, we selected core measures and metrics that would both be indicative of overall portfolio efforts. These measures are also likely to be offered on a broad level by other utilities, providing a greater base of sales and customer data that could be analyzed for far - reaching MT effects. Therefore, for the Local Government Partnerships the following approach to quantitative baseline and market transformation information is presented as follows. The utilities recommend development of a baseline, and tracking the number of cities, counties and government institutions that have plans for written energy efficiency provisions. "Peters, J.S., Mast,B., Ignelzi, P., Megdal, L.M. (1998). Market Effects Summary Study Final Report: Volume I. "Available at http://calmac.org/publications/19981215CADOOOIME.PDF. 28 CPUC (2008) Strategic Plan, p. 5. 2' Nadel, Thorne, Sashes, Prindle & Elliot (2003). 3" Peloza & York, (1999). 25C-49 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Such a metric relates directly to the Strategic Plan (Goal 12.3.4) in terms of measuring progress towards 50% plans for sustainability. In addition, we propose tracking community adoptions of new construction model reach codes, both residential and nonresidential. This metric aligns with the Strategic Plan (Goal 12.3.1). In addition to being a direct indicator of support by local govermment partnerships, community adoptions of model reach codes are of strategic interest to the CPUC. A proliferation of dissimilar reach codes would confuse the market relative to building codes and incentive programs. Model reach codes to be developed by Codes and Standards would allow energy efficiency efforts across partners to be aligned with a clear target for each climate zone. As discussed in the Local Government PIPS, the IOUs intend to work closely with partners in establishing baseline code compliance levels and pushing for model reach codes. With this discussion in mind, IOUs propose the following metrics for this sector: b) Market Transformation Information As stated above, market transformation draws heavily upon diffusion of innovation theory, with the state of a market characterized by adoption rate plotted against time on the well - known S- shaped diffusion curve. In practice, however, the diffusion curve of products may 25C -50 Baseline Metric Metric A Metric B Baseline inventory of cities, counties and government institutions within the IOU territory that have adopted such Energy Efficiency energy planning N/A Action Plans documents as Energy Action Plans, Climate Action Plans and Sustainability Plans, and General Plans with energy or climate elements. In coordination with Codes and Standards, develop abaseline Model Reach Codes inventory of cities and counties within the IOU territory with adopted model reach codes b) Market Transformation Information As stated above, market transformation draws heavily upon diffusion of innovation theory, with the state of a market characterized by adoption rate plotted against time on the well - known S- shaped diffusion curve. In practice, however, the diffusion curve of products may 25C -50 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan span decades. Market share tracking studies conducted 3, 5 or even 10 years after the start of an MT program may reveal only small market transformation effects. Therefore it is problematic, if not impractical, to offer internal annual milestones towards market transformation sectors and specific program activities. As a consequence, it is not appropriate to offer more than broad and general projections. Any targets provided in the following table are nothing more than best guesstimates, and are subject to the effects of many factors and market forces outside the control of program implementers. c) Program Design to Overcome Barriers: Refer to individual partnership PIP section. d) Quantitative Program Objectives: Program /Element Internal Market Transformation Program Target by 2014 Planning Estimates N/A 2013 2014 Baseline inventory of N/A cities, counties and government institutions within the IOU territory that have adopted such energy Improvement over Improvement over planning documents as baseline, over time baseline, over time Energy Action Plans, Climate Action Plans and Sustainability Plans, and General Plans with energy or climate elements. In coordination with Codes and Standards, develop a baseline inventory of cities and Improvement over Improvement over counties within the baseline, over time baseline, over time IOU territory with adopted model reach codes c) Program Design to Overcome Barriers: Refer to individual partnership PIP section. d) Quantitative Program Objectives: Program /Element Program Target by 2013 Program Target by 2014 Target #1 N/A N/A Target #2 N/A N/A 25C -51 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Target #3 N/A N/A Target #4 N/A N/A Refer to individual partnership PIP section. 6 - Other Program Element Attributes — Element B - Strategic Plan Support a) Best Practices SoCalGas approach to Strategic Plan Support is innovative and reflects lessons learned because SoCalGas has observed that multiple actors provide governments with long -term GHG reduction and energy reduction strategies. SoCalGas has learned from previous programs that it is more important for governments to have access to tools and technical assistance to become informed energy actors rather than directly performing all functions themselves. b) Innovation The Strategic Plan Support element is inherently innovative since these elements have not been a part of previous Government Partnership program. c) Interagency Coordination The Strategic Plan Support element affords many opportunities for CEC, ARB and PIER coordination especially as communities look towards AB32 implementation and Title 24 compliance and development of climate action plans. Government Partnerships who include Strategic Plan Support elements in their program will look to align the goals of their respective communities around the goals of the Strategic Plan through education and outreach campaigns, peer -to -peer support and by providing technical assistance around compliance issues with these agencies. d) Integrated /coordinated Demand Side Management The Strategic Plan Support program element will achieve coordination of demand side management, low income efficiency, and workforce training. Peer to peer support will serve as a catalyst for integration by providing a platform for knowledge sharing. In this way, there is an opportunity to expose all peer to peer participants to all utility program offerings in an integrated fashion. e) Integration across resource types (energy, water, air quality) This program element integrates other resources, especially regarding guiding documents, which necessarily should include resource types such as waste, land use, water. While government Partnerships are designed to focus on energy efficiency, SoCalGas can encourage partnerships to access other resources and can also emphasize when energy programs have incidental benefits to other resources. See individual PIPs for more specific information. f) Pilots Individual LGPs may choose to implement pilots related to this element. See individual PIPs for more specific information. g) EM &V A process evaluation will be conducted by a third party evaluator. The evaluation will assess communication and coordination effecti2 Cbe�Ren partners as well as satisfaction with the 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan service and increased awareness of energy efficiency opportunities. A combination of interviews and focus groups will likely be used to collect data. The evaluation is expected to build upon results found in the recently completed process evaluation for PY2006 to 2008. Element C- Core Program Coordination 4 — Program Element Description and Implementation — Element C - Core Program Coordination C. Core Program Coordination C1- Outreach Education C2 - Third Party Program Coordination C3 - Technical Assistance Overview The Core Program Coordination element will be implemented to some degree by all of the unique individual Local Government Partners (LGPs). This section (4C — 6C) describes the standard overview, rationale, outcomes, and barriers associated with the Core Program Coordination element by an LGP. If an individual LGP has a distinctive approach to Core Program Coordination, that LGPs individual PIP will contain additional information. Coordination with Core programs is important to the effectiveness of each individual LGP. A key to SoCalGas coordination effort is its market segment planning approach. This means that LGPs will be coordinated with all other energy efficiency portfolio efforts to reach agricultural, commercial, industrial, residential and small business customers. In addition, LPGs will promote the EUC in 2013 -14 through collaboration with local EUC stakeholders to support marketing and outreach. LGPs will continue to coordinate with local regional efforts such as the County of Santa Barbara, County of Los Angeles, and other local governments engaged in regional efforts that support EUC. LGPs will continue work which has been in progress during 2010 -12 doing public workshops to promote EUC to the community as well as supporting recruitment of contractors. In addition, LGPs coordinate with each other, with SoCalGas, and with other implementers to support energy efficiency programs across the SoCalGas portfolio, and particularly with respect to outreach education for residential and small business customers, third party programs, and technical assistance. By utilizing the outreach channels of the local government, these programs target customers and fully canvas neighborhoods that may not be targeted by Core Programs. LGPs that have close ties to Business Improvement Districts (BIDS) will coordinate marketing outreach and education of Core Commercial Programs by: 1. Engaging BIDs through leveraging and working with LG Partners 2. Working with BIDs to reach out to small and medium businesses to deliver relevant Training & Education and to furmel Core Program and/or Third Party Program offerings. 3. Collaborating and leveraging all local and utility resources to deliver cost effective and targeted EE measures 25C -53 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan In a continued effort to insure that customers and energy efficiency opportunities are not overlooked, LGPs will also have the opportunity to participate in a program to provide energy efficiency to moderate income customers slightly above the ESAP guideline or to customers who are unable to produce the necessary ESAP documentation. Because of their close ties to the community, individual LGPs may identify opportunities to serve customer energy needs through integrated demand side management products including energy efficiency, demand response, low income programs, and codes and standards assistance as well as other utility programs including distributed generation. Such coordination provides customers with comprehensive solutions and minimizes overlap of effort and service. Where the LGP identifies a need that they do not currently service, they can refer participants to programs. The Partnership will provide the participant with contact information for the relevant programs and assistance as required. If program overlap is determined to exist, the Partnership will notify SoCalGas of the program(s) involved and discuss and coordinate efforts so as not to duplicate services and compete for customers. In addition, LGPs can coordinate with and leverage other sources of funding to increase the impact of SoCalGas offerings and include programs provided by other agencies such as the CEC, ARB and other state and federal agencies. In addition to outreach for energy efficiency opportunities, LGPs are an important delivery channel for integrated approaches and emerging technologies. As new approaches of integration and emerging technologies are available, the LGPs will serve as a channel for providing the appropriate outreach and education to the community. C1 - Outreach and Education LGPs will provide education and outreach to infonn their customers about comprehensive energy saving opportunities and best practices. A key focus for support from LGPs will be EUC. All of the outreach will be coordinated with SoCalGas marketing efforts and statewide marketing energy efficiency marketing initiatives. As part of the coordination of Training and Education, the LGPs will leverage trainings at SoCalGas Energy Resource Center, SCE's CTAC and other resources. C2 - Third Party Program Coordination LGPs will coordinate with Third Party direct install contractors and /or other core programs to implement retrofits of existing government buildings and municipal facilities. The contracts will be coordinated with the LGPs by establishing agreements between the contractors and the GPs that specify which customers and in which geographic areas each contractor is eligible to serve. Contractors will be selected to provide focus on targeted customers as well as specialization in strategic technologies such as HVAC tune -ups and replacement projects. C3 — Technical Assistance Technical assistance is available to LGPs. Assistance many include but is not limited to audits, engineering calculations, reports and inspections. 25C -54 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Target Audience Community level data will be analyzed to determine the areas with the largest potential based on market potential studies and looking at previously served customers. C1 - Outreach and Education The primary audience for outreach and education includes the following: • Local Government Partners • Government and agency employees • Community based organizations • Energy Upgrade California — Whole Home Upgrade California Contractors • SoCalGas customers • Building engineers C2 - Third Party Program Coordination Individual LGPs will coordinate closely with the third parties providing the direct install implementation. In addition, each individual LGP will be trained in the programs offered by the third parties so that they may coordinate and/or refer customers to these programs. For example, third party coordination may be appropriate for more specialized technologies or specific target segments. C3 — Technical Assistance The target audience for technical assistance includes local government partners, SoCalGas customers, and contractors. Implementation CI - Outreach and Education Objectives of the LGPs include leveraging marketing from existing core and statewide programs to provide a consistent and cost effective approach. Because LGPs best understand the needs of their community, the LGPs will tailor offerings to the community and implement programs through community outreach. LGPs will also work with local governments and quasi- governments to develop an education curriculum and schedule that will engage their communities to advance energy efficiency and sustainability. LGPs will coordinate and support efforts to promote EUC throughout territory shared with SCE, and PG &E. Partnerships will leverage the resources of the SoCalGas Energy Resource Center. Some individual LGPs may develop training materials for adopting and implementing local energy initiatives or may utilize such materials developed under the SEEC Program. Partnerships will also develop workshop topics, schedule workshops in key locations, arrange for workshop presenters, coordinate workshop materials, market workshops to local governments, and facilitate workshops C2 - Third Party Program Coordination 25C -55 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan LGPs using third party direct install programs will coordinate with third party direct install contractors to determine which areas of the community should be the focus of the direct install contractors marketing efforts. The direct install contracts will be coordinated with the LGPs by establishing agreements between the contractors and the LGPs that specify which customers and geographic areas each contractor is eligible to serve. This method provides a more orderly approach to using the limited number of contractors to reach the widest population in the state in a consistent manner. Each direct installation implementer will work with their assigned LGP to develop a marketing strategy for their assigned LGP territory. Each LGP with Direct Install element in their program will have a direct install budget that will augment the third party contract funds. Each project implemented and coordinated within a LGP community will be funded by the GP program and the associated savings will be allocated to the GP. C3 — Technical Assistance Technical assistance is available to LGPs to provide audits, engineering calculations, reports and inspections. Additionally, partnerships will take a strategic market plan approach to address the customers with the largest potential or the biggest need. These efforts will be conducted with other third party and Core programs. 5 - Program Element Rationale and Expected Outcome — Element C Core Program Coordination a) Quantitative Baseline and Market Transformation Information Market Transformation (MT) metrics proposed in Tables 3 and 4 are preliminary. The proposed metrics are meant to initiate a collaborative effort to elaborate meaningful metrics that will provide overall indicators of how markets as a whole are evolving. MT metrics should neither be used for short-term analyses nor for specific program analyses; rather, should focus on broad market segments. Market transformation is embraced as an ideal end state resulting from the collective efforts of the energy efficiency field, but differing understandings of both the MT process and the successful end state have not yet converged. The CPUC defines the end state of MT as "Long - lasting sustainable changes in the structure or functioning of a market achieved by reducing barriers to the adoption of energy efficiency measures to the point where further publicly - funded intervention is no longer appropriate in that specific market.i31 The Strategic Plan recognizes that process of transformation is harder to define than its end state, and that new programs are needed to support the continuous transfornation of markets around successive generations of new technologies 32. Market transformation programs differ from resource acquisition programs on 1) objectives, 2) geographical and 3) temporal dimensions, 4) baselines, 5) perfonnance metrics, 6) program delivery mechanisms, 7) target populations, 8) attribution of causal relationships, and 9) market structures 33. Markets are social institutions34, and transformation requires the 31 California Public Utilities Commission Decision, D.98 -04 -063, Appendix A. 3z California Public Utilities Commission (2008) California Long Term Energy Ejficieney Strategic Plan, p. 5. Available at http: / /www.californiaenergyefSciency .coin /dots /EEStrategiePlan,pdf ss Peloza, J., and York, D. (1999). "Market Transformation: A Guide for Program Developers." Energy Center of Wisconsin. Available at: http: / /www.cew.org /ecwresults /189- l.pdf25C-56 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan coordinated effort of many stakeholders at the national level, directed to not immediate energy savings but rather to intennediary steps such as changing behavior, attitudes, and market supply chains 35 as well as changes to codes and standards. Resource acquisition programs rely upon the use of financial incentives, but concerns have been raised that these incentives distort true market price signals and may directly counter market transformation progress 36. According to Yorlc37, "Market transformation is not likely to be achieved without significant, permanent increases in energy prices. From an economic perspective, there are 3 ways to achieve market transformation: (1) fundamental changes in behavior, (2) provide proper price signals, and (3) permanent subsidy." The question of what constitutes successful transformation is controversial because of a Catch -22: Market transformation is deemed successful when the changed market is self- sustaining, but that determination cannot be made until after program interventions are ended. Often, however, the need for immediate energy and demand savings or immediate carbon - emissions reductions will ]mean that program interventions may need to continue, which would interfere with the evaluation of whether MT is self - sustaining. Market transformation success has also been defined in terms of higher sales of efficient measures than would have otherwise occurred against a baseline absent of program interventions. The real world, however, provides no such control condition. Evaluators must estimate these baselines from quantitative factors such as past market sales that may be sparse and /or inaccurate - particularly for new products. Evaluations must also defer to expert judgments on what these baselines may have been as well as on the degree of successful market transformation 38. Due to the subjective nature of these judgments, it is imperative that baselines as well as milestone MT targets be determined and agreed upon through collaborative discussion by all stakeholders, and these targets may need periodic revision as deemed necessary by changing context. Market transformation draws heavily upon diffusion of innovation theory39, with the state of a market usually characterized by adoption rate plotted against time on the well -known S- shaped diffusion curve. In practice, however, the diffusion curve of products may span decades40. Market share tracking studies conducted 3, 5 or even 10 years after the start of an MT program may reveal only small market transformation effects 41. The ability to make causal connections between these market transformation effects and any particular program's activities fades with time, as markets continually change and other influences come into play. 34 Blumstem, C., Goldstone, S., & Lutzenhiser, L. (2001) "From technology transfer to market transformation ". Proceedings of the European Council for an Energy Efficient Economy Summer Study. Available at http:H/ .ecece.org /conference _proceedings /eceee /2001 /Panel_2 /p2_7 /Paper/ " Sebold, F. D, Fields, A., Skumatz, L., Feldman, S., Goldberg, M., Keating, IC, Peters, J. (2001) A Frameworkfor Planning and Assessing Publicly Funded Energy Efficiency. p. 6 -4. Available at www.calmac.org. 16 Gibbs, M., and Townsend, J. (2000). The Role of Rebates in Market Transformation: Friend or Foe. In Proceedings from 2000 Summer Study on Energy Efficiency in Buildings. 37 York, D., (1999). "A Discussion and Critique of Market Transformation ", Energy Center of Wisconsin. Available at http://www.eew.org/ecwresults/I 86-l.pdf ss Nadel, S., Thorne, J, Sachs, H., Prindle, B., and Elliot, R.N. (2003). "Market Transformation: Substantial Progress from a Decade of Work." American Council for an Energy - Efficient Economy, Report Number A036. Available at: http: / /www.acece,org /pubs /a036full,pdf sy Rogers (1995) Diffusion of Innovations, 5`h Fit 4° Example in bottom chart of this graphic from NYTimes: http : / /www.nytimes.coiiVimagepages/ 2008 /02/10/ opinion /l0op.graphic.ready,html " Sebold et al (2001) p. 6 -5, 25C-57 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan These challenges mentioned above are in reference to programs that were specifically designed to achieve market transformation; and these challenges are only compounded for programs that were primarily designed to achieve energy and demand savings. However, since the inception of market transformation programs almost two decades ago, many lessons have been learned about what the characteristics of successful MT programs are. First and foremost, they need to be designed specifically to address market transformation. "The main reason that (most) programs do not accomplish lasting market effects is because they are not designed specifically to address this goal (often because of regulatory policy directions given to program designers .)42,' The Strategic Plan recognizes that regulatory policies are not yet in place to support the success of market transformation efforts 43, but also reflects the CPUC's directive to design energy efficiency programs that can lay the groundwork for either market transformation success or for codes and standards changes. Above all else, the hallmark of a successful market transformation program is in the coordination of efforts across many stakeholders. The most successful MT programs have involved multiple organizations, providing overlapping market interventions44. The Strategic Plan calls for coordination and collaboration throughout, and in that spirit the utilities look forward to working with the CPUC and all stakeholders to help achieve market transformation while meeting all the immediate energy, demand, and environmental needs. Drawing upon lessons learned from past MT efforts, the Energy Center of Wisconsin's guide for MT program developers 45 suggests that the first step is not to set end -point definitions, progress metrics or goals. Rather, the first steps include forming a collaborative of key participants. As the Strategic Plan suggests, these may include municipal utilities, local governments, industry and business leaders, and consumers. Then, with the collective expertise of the collaborative, we can define markets, characterize markets, measure baselines with better access to historical data, and define objectives, design strategies and tactics, implement and then evaluate programs. The collaborative will also provide insights that will set our collective expectations for the size of market effects we can expect, relative to the amount of resources we can devote to MT. No one organization in the collaborative will have all the requisite information and expertise for this huge effort. This truly needs to be a collaborative approach from the start. The metrics and baselines described below in Tables 2 and 3 are presented for the purposes of starting the much - needed discussion between all key participants. These are suggestions, intended to allow key participants to pilot -test processes for establishing baseline metrics, tracking market transformation progress, and for refining evaluation tools. Early trial of these evaluation metrics will reveal any gaps in data tracking so that we may refine our processes before full -scale market transformation evaluations take place. The set of metrics we selected is intentionally a small set, for several reasons. First, as mentioned, the full set of metrics and baselines need to be selected by key participants. Second, we anticipate that market share data for many mid- and low- impact measures will be "Peters, J.S., Mast,B., Ignelzi, P, Megdal, L.M. (1998). Market Effects Summary Study Final Report: Volume L "Available at httT)://calmac.org/publications/I 998 t2 t5 CAD0001 ME.PDF. 43 CPUC (2008) Strategic Plan, p. 5. 44 Nadel, Thorne, Saches, Bindle & Elliot (2003). 41 Pelota & York, (1999). 25C-58 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan too sparse to show MT effects and not cost - effective to analyze. Third, we selected core measures and metrics that would both be indicative of overall portfolio efforts. These measures are also likely to be offered on a broad level by other utilities, providing a greater base of sales and customer data that could be analyzed for far - reaching MT effects. Therefore, for the Local Government Partnerships the following approach to quantitative baseline and market transformation information is presented as follows. The utilities recommend development of a baseline, and tracking the munber of cities, counties and government institutions that have plans for written energy efficiency provisions. Such a metric relates directly to the Strategic Plan (Goal 12.3.4) in terms of measuring progress towards 50% plans for sustainability. In addition, we propose tracking community adoptions of new construction model reach codes, both residential and nonresidential. This metric aligns with the Strategic Plan (Goal 12.3.1). In addition to being a direct indicator of support by local government partnerships, community adoptions of model reach codes are of strategic interest to the CPUC. A proliferation of dissimilar reach codes would confuse the market relative to building codes and incentive programs. Model reach codes to be developed by Codes and Standards would allow energy efficiency efforts across partners to be aligned with a clear target for each climate zone. As discussed in the Local Government PIPS, the IOUs intend to work closely with partners in establishing baseline code compliance levels and pushing for model reach codes. With this discussion in mind, IOUs propose the following metrics for this sector: 25C -59 Baseline Metric Metric A Metric B Baseline inventory of cities, counties and government institutions within the IOU territory that have adopted such Energy Efficiency energy planning N/A Action Plans documents as Energy Action Plans, Climate Action Plans and Sustainability Plans, and General Plans with energy or climate elements. In coordination with Codes and Standards, Model Reach Codes develop a baseline inventory of cities and counties within the IOU territory 25C -59 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan with adopted model reach codes e) Market Transformation Information As stated above, market transformation draws heavily upon diffusion of innovation theory, with the state of a market characterized by adoption rate plotted against time on the well - known S- shaped diffusion curve. In practice, however, the diffusion curve of products may span decades. Market share tracking studies conducted 3, 5 or even 10 years after the start of an MT program may reveal only small market transfonnation effects. Therefore it is problematic, if not impractical, to offer internal annual milestones towards market transformation sectors and specific program activities. As a consequence, it is not appropriate to offer more than broad and general projections. Any targets provided in the following table are nothing more than best guesstimates, and are subject to the effects of many factors and market forces outside the control of program implementers. a) Program Design to Overcome Barriers: Refer to individual partnership PIP section. b) Quantitative Pro ram Ob'ectives: 5C -60 Internal Market Transformation Planning Estimates 2013 2014 Baseline inventory of cities, counties and government institutions within the IOU territory that have adopted such energy planning documents as Improvement over Improvement over Energy Action Plans, baseline, over time baseline, over time Climate Action Plans and Sustainability Plans, and General Plans with energy or climate elements. In coordination with Codes and Standards, develop a baseline inventory of cities and Improvement over Improvement over counties within the baseline, over time baseline, over time IOU territory with adopted model reach codes a) Program Design to Overcome Barriers: Refer to individual partnership PIP section. b) Quantitative Pro ram Ob'ectives: 5C -60 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Program /Element Program Target by 2013 Program Target by 2014 Target #1 N/A N/A Target #2 N/A N/A Target #3 N/A N/A Target #4 N/A N/A Refer to individual partnership PIP section_ 6 - Other Program Element Attributes — Element C Core Program Coordination Other Program Element Attributes CORE Program Coordination a) Best Practices: Describe why program This program element incorporates lessons learned element approach constitutes "best from previous partnerships. Close coordination practice" or reflects "lessons learned" in with Core and 3rd Party programs is integral for market strategies, program design and /or success. See EM &V section for future implementation techniques, or past documentation of best practices. experience. Provide references where available. b) Innovation: Describe any unique or This program element is unique because it takes innovative aspects of program element not coordination to a new level from the 2006 -2008 previously discussed. Why is this cycle. Government Partnerships will work with innovative? Core programs, 3rd Party programs to develop a strategic market segment plan. This plan will identify largest opportunities for cost - effective energy savings, address barriers, share best practices and efficiently allocate resources. Partnerships will use education and outreach channels to inform their customers about energy savings opportunities and share best practices within partnerships. c) Interagency Coordination: Describe any Core program integration will require strong interagency coordination with the ARB, coordination with outside agencies. As CEC on PIER or Codes and Standards; communities look to retrofit buildings and perform non - utility market initiatives; energy education and outreach, coordination with other efficiency market forces, opportunities and governmental agencies will be a priority. A trends; and timeline by which market strategy will be to identify partnership segment will be "transfonned" or other opportunities with the various agencies and aspects of the program. beginning to align our goals. On the community level, as local governments begin to think about AB32 implementation, GHG emission reduction opportunities will be indentified by modeling usage, past program participation and other trends. 25C -61 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Other Program Element Attributes CORE Program Coordination d) Integrated /coordinated Demand Side In line with the Integration chapter of the Strategic Plan, partnerships will begin to adopt an integrated Management: Describe how program will achieve integrated or coordinated delivery strategy for delivering demand response and self - of all DSM options, as well as ESAP and generation programs. Partnerships will work to WET. (If this is an integral part of the develop working groups to enable the most program element and fully covered under effective delivery method of the various programs. #4 note that here.) Describe in detail how Workforce education and training initiatives will program will achieve integrated or build capacity at the community level. coordinated delivery of all DSM options (energy efficiency, demand response, and onsite generation) where applicable including integrated program design and delivery, shared budgets, program evaluation, and incentive mechanisms that promote greater integration of DSM resources. Provide a complete description for all the technologies, including integration supporting technologies that will be included in the program. If the program does not include all DSM options as noted above, briefly provide an explanation for a more limited subset of DSM technologies. Utilize Attachment 5A to highlight any shared or leveraged budget categories and amounts (admin, incentives, ME &O, and other applicable categories). e) Integration across resource types Several partnerships have worked with various (energy, water, air quality, etc): If program water, air quality and transportation agencies to aims to integrate across resources types, provide integrated offerings. By coordinating with provide rationale and general approach. (If ESAP programs and other agency programs, this is an integral part of the program certain partnerships plan to work closely with element and fully covered under #4 note other agencies and look for further opportunities. that here.) f) Pilots: Describe any pilot projects that Partnerships will look at their government are part of this program (If this was fully facilities in a strategic and prioritized manner. covered under 94, note that here.) 25C -62 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Other Program Element Attributes CORE Program Coordination g) EM &V: Describe any process evaluation A process evaluation will be conducted by a third or other evaluation efforts that will be party evaluator. The evaluation will assess undertaken by the utility to detennine if the communication and coordination effectiveness program is meeting its goals and between partners as well as satisfaction with the objectives. Include the evaluation service and increased awareness of energy timeframe and brief description of scope, efficiency opportunities. A combination of as well as a summary of specific interviews and focus groups will likely be used to methodologies, if already developed. If not collect data. The evaluation is expected to build developed, indicate the process for upon results found in the recently completed developing them. Include reference to process evaluation for PY2006 to 2008. tracking databases that will be used for evaluation purposes. ElementD — Unique Program Element -Local Government Regional Resource Program: 4 — Program Element Description and Implementation — Element D — Local Government Regional Resource Program D. Unique Program Element D1- Government Facilities D2- Technical Assistance D3- Financing D4 -Peer to Peer Support 25C -63 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Overview Local government struggle with securing energy /sustainability resources, and current budget conditions make the availability of such resources unlikely in the foreseeable fixture. The Local Government Regional Resource Program is a "virtual center" approach which is an expansion to our cla rent Local Government Partnership program offerings. The Program will commence in one region initially with the intent to roll out service territory wide in 2013 -14 program cycle. The program will support local governments (both partners and non - partners) and intends to drive increased comprehensive energy efficiency and will create deep energy savings by local governments by complimenting and leveraging resources as well as filling gaps that currently exist within local government organizations, CEC, PUC and SoCalGas energy efficiency programs. These gaps prevent local government from successfully implementing higher value energy efficiency projects that demonstrate energy efficiency leadership to the community and increase community wide energy efficiency participation. Lessons learned from past partnership initiatives have identified the need for improvement in resources that provide cost- effective, on demand energy management services, and expertise to enable local governments to create responsive, sustainable, and widespread public sector energy management results. The "virtual center" approach will provide turnkey resources through hands on support, results oriented energy management, and augmenting existing Local Government Partnerships. A suite of resources shall include resources such as, but not limited to: • Project management support • Engineering and analytical support • Library of boiler plate agreements and templates that can support local government with the RFP process as well as assistance securing financing from various sources Providing these resources will result in improved energy management activity and increased program participation through energy efficiency and financing programs. Dl- Government Facilities The Local Government Regional Resource Program supports the Government Facilities element by helping to provide technical resources for energy action for local governments augmenting existing partnership resources that will result in improved energy management activity and increased program participation through energy efficiency and financing programs. D2- Technical Assistance Resources such as engineering and analytical support, project development and management will be provided through a turnkey approach. D3- Financing Local governments often have limited funding and technical resources to secure financing for energy efficiency projects. The Local Government Regional Resource Program intends to provide support to establish resources for securing financing for energy projects from various sources. 25C -64 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan D4- Peer -to -Peer Support • The Local Govermment Regional Resource Program offering will include information sharing through peer -to -peer learning. Partnership Program Advancement of Strategic Plan Goals and Objectives The table below shows which partner is addressing each strategic planning goal. Please refer to individual local government sub PIP'S for more detail of each individual partner's advancement of the strategic goal. 25C -65 Q Q Q Q U A @ Q Ol t O U A C d Q N N 10 00 N d m 0 , p a •, -U r Q r @ m e a N Ew O w ° U m � V Q Q C m G J C d Ol U W Strategic Planning O J W Y F it 1 A N 0 ICO m 0 ICO N n d f 12 O W N O N U 1 d ❑ U 1 -1: Develop, adopt and implement model building energy codes (and/or other green codes) more stringent than Title 24's Yes Yes Yes Yes No No requirements, on both a mandatory and voluntary basis; adopt one or two additional tiers of increasing stringency. 1.2: Establish expedited permitting and entitlement approval processes, fee structures and other Yes Yes Yes Yes No No incentives for green buildings and other above -code developments. 1.3: Develop, adopt and implement model point -of- sale and other point -of No No No No No No transactions relying on building ratings. 1.4: Create assessment districts or other mechanisms so property owners can fund EE through city bonds and Yes Yes Yes No No No pay off on property taxes; develop other EE financing tools. 25C -65 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan 25C -66 a a a r U c A C h M T � N a a v E ._ ._ a a p .°_ a �° M a W m o am E_ ° m m L) Cr v a Q W ` C m C J C d ✓T U E C C Strate is Plannin O J d Y > W iR 6 N N CO 1 @ V) GI CO ICC t�C N a. O W LU W O M U 1 N ❑ U Ix 1.5: Develop broad education program and peer -to -peer support to local govt's to Yes Yes Yes Yes No No adopt and implement model reach codes 1.6:1-ink emission reductions from "reach" codes and programs to ARB's AB 32 Yes Yes No Yes No No program 1.7: Develop energy efficiency - related "carrots and sticks" using local zoning and Yes Yes No Yes Yes No No development authority. 2 -1: Statewide assessment of local government code Yes Yes No No No No No enforcement and recommendation for change. 2-2: Dramatically improve compliance with and enforcement of Title 24 building code, and of HVAC permitting and inspection Yes Yes Yes No No No requirements (including focus on peak load reductions in inland areas). 2 -3: Local inspectors and contractors hired by local governments shall meet the requirements of the energy component of their No No No No No No professional licensing (as such energy components are adopted). 3 -1: Adopt specific goals for efficiency of local government Yes Yes Yes Yes Yes No buildings. 3 -2: Require commissioning for new buildings, and re- commissioning and retro- Yes Yes No Yes No No No commissioning of existing buildings. 25C -66 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Element D — Individual Local Government Partnerships The Individual Local Government Partnerships are listed below: 25C -67 a r a P o r a a 'C R w m c rn da r = 0 U C 0 0 c a S v 0 m a �. 0 t `w LU N a E m 0 c ° ° .�'. 'mac `w NO O s e U v a U a a W me w v �a S c v Ec m Strategic Planning o 0 Y ? m 20.1 A 0 a M m w m m rn a. L° o w en o m a s v o U 3 -3: Improve access to favorable financing terms that create positive cash flow from Yes Yes Yes Yes Yes Yes energy efficiency /DSM savings 3 -4: Explore creation of line item in LG budgets or other options that allow EE cost savings to be returned to the No No No No No No No department and /or projects that provided the savings to fund additional efficiency. 3 -5: Develop innovation Incubator that competitively selects initiatives for inclusion No No No No No No No in LG pilot projects. 4 -1: LGs commit to clean energy /climate change Yes Yes Yes Yes Yes Yes Yes leadership. 4 -2: Use local governments' general plan energy and other elements to promote energy Yes Yes Yes Yes Yes Yes Yes efficiency, sustainability and climate change. 4 -3: Statewide liaison to assist local governments in energy efficiency, No No No No No No No No Yes No No sustainability, and climate change. 4 -4: Develop local projects that integrate EE /DSM /water /wastewater Yes No No No No No No end use 4 -5: Develop EE- related "carrots" and "sticks" using Yes Yes Yes Yes Yes Yes local zoning and development authority Element D — Individual Local Government Partnerships The Individual Local Government Partnerships are listed below: 25C -67 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan 1. County of Los Angeles Partnership 2. Kern County Energy Watch Partnership 3. Riverside County Partnership 4. County of San Bernardino Partnership 5. Santa Barbara County Energy Watch (North Santa Barbara) and (South County Santa Barbara) 6. South Bay Partnership 7. San Luis Obispo County Energy Watch Partnership 8. San Joaquin Valley Partnership 9. Orange County Cities Partnership 10. Statewide Energy Efficiency Collaborative (SEEC Partnership) 11. Community Energy Partnership (CEP) 12. Desert Cities Partnership 13. Ventura County Regional Energy Alliance 14. Gateway Cities Partnership 15. San Gabriel Valley Partnership 16. City of Santa Ana Partnership 17. Westside Cities Partnership 18. City of Simi Valley Partnership 19. City of Redlands Partnership 20. City of Beaumont Energy Partnership 21. Western Riverside Energy Partnership 22. Local Government Energy Efficiency Pilots (Subject to CPUC ED approval) 23. New Partnership (Subject to CPUC ED approval) 24. Regional Resource Placeholder 25C -68 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan Program Name: City of Santa Ana Partnership Program ID: SCG3778 Program Type: Local Government Partnership 2. Program Element Description and Implementation Plan The City of Santa Ana has expressed interest for SoCalGas to join their partnership with SCE to provide support implementing energy efficiency at their municipal facilities as well as their diverse community. The City is comprised of small businesses and a large hard to reach Spanish speaking community, and large base of low income customers. By joining the Partnership with the City of Santa Ana and SCE, SoCalGas will be able to leverage existing SCE efforts to promote EE to the city as well as their businesses and as well as Energy Upgrade California (EUC) and Energy Savings Assistance (ESA) programs to their residents. Santa Ana is the most populous city in Orange County, California, and serves as its county seat. In addition to being part of the second largest metropolitan area in the United States — with neighboring cities Los Angeles and Long Beach - , the City of Santa Ana has shown great initiative in conservation of natural resources and energy. The City of Santa Ana encourages its residents to live sustainably and has already partnered with multiple local and national organizations to bring about change in the way residents consume resources. With influence over almost thirteen million people in the Los Angeles —Long Beach Santa Ana area, the City of Santa Ana stands out as a leader in sustainable living. a. List of program elements: The three core program elements are similar to those identified in the Master PIP: Element A - Government Facilities, Element B - Strategic Plan Activities and Element C - Core Program Coordination. b. Overview: Core Program Element A - Government Facilities A.1. Retrofit of county and municipal facilities The City of Santa Ana Partnership will seek opportunities for energy savings through deep retrofits which include but are not limited to projects which combine two of the following: HVAC, Boilers, controls, both indoor and outdoor lighting, with heavy emphasis on LED streetlights. The partnership has established a savings target 19,000 them-is from municipal facilities which will be funneled to rebate and incentive programs. A.2. Retro- commissioning (of buildings and clusters of buildings) The cities are including this means of achieving significant energy savings in their plans. See A.1 above. 25C -69 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan A.3. Integrating Demand Response into the audits The City of Santa Ana is currently implementing a Demand Response component in the current retrofit projects with SCE. According to SCE DR/EE audits were conducted for all eligible facilities during the 2010 — 2012 program cycle. Recommendations have been implemented as feasible. SoCa1Gas will help promote participation in demand response programs. Additional integrated EE /DR audits will be conducted in eligible facilities as needed. A.4. Technical Assistance for project management, training, audits, etc. - Each partnership has a specific budget for each of these activities. A.5) .On -Bill Financing On -Bill Financing (OBF) is the city's preferred method of funding EE projects. The city completed one major OBF project during 201 lwith SCE and has four more pending the release of additional funds in 2012. In alignment with the Strategic Plan's emphasis on leveraging financial tools to encourage action on efficiency, as well as guidance from the CPUC on financing, SoCalGas expects to continue OBF. Core Program Element B - Strategic Plan Support B.1 Code Compliance Support The City of Santa Ana will consider shoring up Title 24 compliance and /or other code efficiency /compliance to the extent the City can remain business - friendly and competitive. The partnership will provide training for plan checkers, inspectors and personnel employed in the trades. B.2). Reach Code Although no Reach codes are planned at this time, the partnership will explore meaningful CEC- approved Reach codes as part of its effort to add value to energy efficiency in alignment with the strategies stated in the Master PIP. This activity will follow the proposed path described in the Codes & Standards PIP. B.3). Guiding Document(s) Support The partnership will provide support for development of a Sustainability Plan in line with the goals and objectives found in the Strategic Plan. B.4) Financing for the community The City of Santa Ana will explore implementing an AB 811 Funding Mechanism to encourage 200 residents and 50 businesses to invest in solar retrofits. The program, if implemented, will enable residents and businesses to repay loans via property tax bills. The partnership will provide technical assistance and facilitate peer -to -peer support. The City will support any other financing program the commission may direct the IOUs to implement during the 2013 — 2014 program extension. 25C -70 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan B.5) Peer to Peer Support The partnership is interested in providing and sharing best practices with other partnerships, and will continue to participate in such opportunities as it did during 2010 — 2012 with SCE. Core Program Element C - Core Program Coordination C.1) . Outreach and Education The partnership will work with core programs to make a variety of public education materials for use in community outreach efforts, to be delivered at community events, through local schools municipal services bills, direct mail, and the partnership's webpage. The partnership plans to co- brand and promote core and third party programs as needed, based on analysis of the city's energy use profile. Higher energy -using or underserved segments will be provided with program information and opportunities to take action. C.2) Residential and Small Business Direct Install There are no activities plaimed for direct install in homes and business at this time. However, outreach will be done in the communication to create awareness of energy services and programs as mentioned in C. I. C.3.) Third -party program coordination The Partnership will execute community events appropriate for a third party contractor to execute, such as light exchange events. C.4) Retrofits for just -above ESA- qualified customers. There is no plan to consider this in the 2013 - 2014 program cycle. C.5) Technical assistance for program management, training, audits The partnership will provide training and information to the city and its community and will coordinate technical assistance, from other programs as described in the Master PIP. a) Non - incentive services The partnership will build a ME &O portfolio of activities to increase community enrollment in energy core programs. The portfolio will include other SoCalGas services, resources, and assets brought to support the ME &O Plan, including: SoCalGas' Account Manager /Executive support; SoCalGas' Energy Resource Center training; Providing limited giveaways (i.e., opportunity drawings and energy kits); and Providing marketing, design, and printing of brochures and other collateral materials. b) Target audience The partnership's principal target audiences are the City's municipal facilities. Facilities to be improved include city hall, its police facility, the Corporate Yard, the South West Senior Center, the Bowers Museum, the Transportation Center, Fire Stations 1 — 10, and a variety of city parks. The city has a history of investing in municipal facility energy efficiency upgrades that presently position the city at the Silver incentive level. 25C -71 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan 3. Program Element Rationale and Expected Outcome a. Quantitative Baseline and Market Transformation Information Refer to the overarching PIP section b. Market Transformation Information Baseline Metric "ement Metric A Metric B IMetric C N/A I N/A N/A I N/A Refer to the overarching PIP section b. Market Transformation Information Refer to the overarching PIP section c. Proeram Design to Overcome Barriers In this Partnership, the barriers and strategies to overcome them are the traditional resource barriers of expertise and funding as outlined in the Master PIP. 4. Other Program Element Attributes a. Best Practices Same as outlined in the Master PIP. b. Innovation Demonstrate environmental stewardship and community leadership in support of the California Long Term Energy Efficiency Strategic Plan (CLTEESP) by developing an EEMIS based dashboard to simplify sustainability reporting including energy efficiency and renewable energy. 25C -72 Market Transformation Planning Estimates Program /Element 2013 2014 Metric A N/A N/A Metric B N/A N/A Metric C N/A N/A Etc. N/A N/A Refer to the overarching PIP section c. Proeram Design to Overcome Barriers In this Partnership, the barriers and strategies to overcome them are the traditional resource barriers of expertise and funding as outlined in the Master PIP. 4. Other Program Element Attributes a. Best Practices Same as outlined in the Master PIP. b. Innovation Demonstrate environmental stewardship and community leadership in support of the California Long Term Energy Efficiency Strategic Plan (CLTEESP) by developing an EEMIS based dashboard to simplify sustainability reporting including energy efficiency and renewable energy. 25C -72 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan c. Interagency Coordination The partnership will provide technical assistance and other support though the Codes and Standards program as well as facilitate support from other programs and organizations through its network of consultants, engaged for this purpose. d. Integrated/coordinated Demand Side Management: The City will pursue necessary and cost - effective DSM opportunities as identified in the Master PIP. e. Integration across resource types (energy, water, air quality, etc) Santa Ana's integration activities include the rehabilitation of all of the City's groundwater wells and pump stations that were built before 1970 to bring their overall plant efficiencies to the industry standard of 65% or better. The partnership continues to look for further energy and water efficiencies in the delivery infrastructure of the city. Opportunities for enhanced integration and including climate protection across resource types will be identified in the development of the city's Strategic Energy and Resource Protection Plan. The partnership will provide technical assistance and other support, especially as it relates to utility energy elements. f Pilots The partnership will build upon the successful pilots with SCE. The city will consider retro- commissioning pilots that target deep retrofits at those municipal facilities for which this program is appropriate. g. EM &V The utilities are proposing to work with the Energy Division to develop and submit a comprehensive EM &V Plan for 2013 - 2014 after the program implementation plans are filed. This will include process evaluations and other program- specific studies within the context of broader utility and Energy Division studies. More detailed plans for process evaluation and other program - specific evaluation efforts cannot be developed until after the final program design is approved by the CPUC and in many cases after program implementation has begun, since plans need to be based on identified program design and implementation issues 5. Partnership Program Advancement of Strategic Plan Goals and Objectives California Long Term Energy Efficiency Program Approach to Achieving Strategic Plan (Strategic Plan) Strategy Strategic Plan Goal 25C -73 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan California Long Term Energy Efficiency Program Approach to Achieving Strategic Plan (Strategic Plan) Strategy Strategic Plan Goal 1 -1: Develop, adopt and implement model This will be considered in the City's building energy codes (and /or other green Strategic Energy and Resource Protection codes) more stringent than Title 24's Plan. It will consider adopting codes at a requirements, on both a mandatory and level that will allow the city to remain voluntary basis; adopt one or two business friendly and competitive. additional tiers of increasing stringency. 1 -2: Establish expedited permitting and This will be considered in the city's entitlement approval processes, fee Strategic Energy and Resource Protection structures and other incentives for green Plan. buildings and other above -code developments. 1 -3: Develop, adopt and implement model point -of -sale and other point -of transactions relying on building ratings. 1 -4: Create assessment districts or other Explore the applicability of an AB 811 mechanisms so property owners can fund Funding Mechanism and Energy EE through city bonds and pay off on Efficiency Enhancement pilot program, property taxes; develop other EE financing tools. 1 -5: Develop broad education program and This will be considered in the city's peer -to -peer support to local governments Strategic Energy and Resource Protection to adopt and implement model reach codes Plan. 1 -6: Link emission reductions from "reach" This will be considered in the city's codes and programs to CARB's AB 32 Strategic Energy and Resource Protection program Plan. 2 -2: Dramatically improve compliance with This item will be considered in the city's and enforcement of Title 24 building code, Strategic Energy and Resource Protection and of HVAC permitting and inspection Plan. requirements (including focus on peak load reductions in inland areas). 2 -3: Local inspectors and contractors hired This will be considered in the city's by local governments shall meet the Strategic Energy and Resource Protection requirements of the energy component of Plan. their professional licensing (as such energy components are adopted). 3 -1: Adopt specific goals for efficiency of This will be considered in the city's local government buildings, including: Strategic Energy and Resource Protection Plan. 3 -2: Require commissioning for new This will be considered in the city's buildings, and re- commissioning and retro- Strategic Energy and Resource Protection commissioning of existing buildings. Plan. The city currently has no requirements but will provide assistance through the partnership. 25C -74 2013 -2014 Energy Efficiency Programs Local Government Partnership Program Program Implementation Plan California Long Term Energy Efficiency Program Approach to Achieving Strategic Plan (Strategic Plan) Strategy Strategic Plan Goal 3 -4: Explore creation of line item in local This will be considered in the city's government budgets or other options that Strategic Energy and Resource Protection allow EE cost savings to be returned to the Plan. The item will be considered but, due department and /or projects that provided to the limitations of revenue and the budget the savings to fund additional efficiency. crisis that the City is facing, this is a low priority. 3 -5: Develop innovation Incubator that See Master Program Implementation Plan competitively selects initiatives for (PIP) inclusion in local government pilot projects. 4 -1: Local governments commit to clean Development and implementation of a energy /climate change leadership. citywide Strategic Energy and Resource Protection Plan will reinforce the city's long standing position as an energy leader. 4 -2: Use local govermnents' general plan This will be considered in the city's energy and other elements to promote Strategic Energy and Resource Protection energy efficiency, sustainability and Plan. climate change. 4 -4: Develop local projects that integrate This will be considered in the city's EE /DSM /water /wastewater end use Strategic Energy and Resource Protection Plan. 4 -5: Develop EE- related "carrots" and The city currently offers a program for "sticks" using local zoning and Solar that waives a plan check, permit and development authority inspection fees for systems that either produce energy or save natural resources. The Strategic Energy and Resource Protection Plan will identify additional opportunities or "carrots" using local zoning and development authority. "Carrots" outside of local zoning and development authority: Enhanced rebates to multi - family property owners to install efficient products such as lighting, refrigeration, and water heaters in common areas and dwelling units. Energy efficiency enhancement in conjunction with AB 811 solar project financing that will allow residents and businesses to repay loans through property tax liens. 25C -75 25C -76 EXHIBIT B CITY OF SANTA ANA and SOUTHERN CALIFORNIA GAS COMPANY PARTNERSHIP 2013 -2014 GOALS & PROGRAM BUDGET Natural Gas Savings Target: Other non - resource goals are contained in the SCG PIP in Exhibit B -2 2013 -14 SCG Santa Ana Partnership 2013 -2014 Partnership Total Non - Incentive Budget 2.013 1 2014 1 2 -year Total SCG 1 9,000 Therms 10,000 Therms 19,000 Therms Other non - resource goals are contained in the SCG PIP in Exhibit B -2 2013 -14 SCG Santa Ana Partnership 2013 -2014 Partnership Total Non - Incentive Budget $143,792 2014 Total SCG Authorized Budget $0,000 $0,000 $0,000 Marketing & Outreach Total Utility Authorized Budget $87,792 $1.6,000 Direct Implementation $20,000 $20,000 Partner Authorized Budget $56,000 2013 -14 Total Non - incentive Program Budget $143,792 Projected Allocations for Santa Ana PartnershiD Authorized Budeet $56,000 December 13, 2012 25C-77 2013 2014 Total Administration $0,000 $0,000 $0,000 Marketing & Outreach $8,000 $8,000 $1.6,000 Direct Implementation $20,000 $20,000 $40,000 December 13, 2012 25C-77 25C -78 EXHIBIT C EM &V Plan [TO BE ATTACHED WHEN ISSUED BY THE COMMISSION] 2013 -14 San. Luis Obispo County Energy Y&Cc7brtnership Agreement 25C -80 Exhibit D - Allowable Costs The following information describes the way costs for all ratepayer funded energy efficiency programs should be categorized. Item 1, the memo, "Re: 2010 -2012 Energy Efficiency Portfolio Administrative Costs ", dated October 22, 2009, provides guidance regarding cost categorization resulting from the California Public Utility Commission's Decision approving utility 2010 -2012 programs (D.09 -09 -047). Item 2, the Allowable Costs Table is the primary source for categorization of costs. Contractors shall use both of these documents to correctly categorize costs under this contract. Please note that this information may be subject to change. 01 -01 -2013 Pro] i�tgrq b *nfidential Page E -1 1. Memo re: 2010 -2012 Energy Efficiency Portfolio Costs STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor PUBLIC UTILITIES COMMISSION 505 VAN NESS AVENUE SAN FRANCISCO, CA 94102 -3298 October 22, 2009 Shilpa Ramaiya, Pacific Gas and Electric Company Don Arambula, Southern California Edison Athena Besa, Sempra Utilities Re: 2010 -2012 Energy Efficiency Portfolio Administrative Costs x - Monday afternoon October 19, we had a discussion regarding how administrative costs should be categorized in light of the energy efficiency portfolio decision (D. 09 -09 -047) and the overall budgets. Energy Division has consulted with the CPUC divisions and attaches some guidance to the questions posed. We also have added to your list of categories provided to us for the discussion. We hope that we have addressed your concerns in a timely manner. Please feel free to contact either Cathy Fogel at (415) 703 -1809 or me should any questions arise. Yours truly, Anne Premo California Public Utilities Commission Energy Efficiency Planning Section 770 L Street, Suite 1050 Sacramento, CA 95818 (916) 324 -8683 cc: Sandy Lawrie, Pacific Gas and Electric Company Jeanne Clinton, CPUC 01 -01 -2013 Pro 2igt bar nfidential Page E -2 2010 -2012 Administrative Cost Cap and Targets- Questions, Issues and Recommendations 1) TRAVEL COSTS: IOUs want travel costs for direct implementation non - incentive (DI -NI) and for marketing to be billed to those respective categories, rather than to administrative costs. The allowable costs attachment (ACA) (2006, cited in December 12, 2009 Ruling in D. 08 -07 -021) is silent on this. The ACA does, however, include EM &V travel in the EM &V category. IOUs would like to charge travel /time for staff participation in Strategic Plan workshops in that category. Recommendation: a) Travel costs for IOU staff to travel to workshops regarding the Strategic Plan can be billed to EM &V travel; b) Travel costs for DI -NI activities and marketing can be charged to those respective cost categories; c) travel costs to EE conferences may be charged to administrative costs. . Justification: It is standard practice within the CPUC accounting division to allow travel costs —such as meeting with customers, etc -- to be charged to the applicable program area (ie, to DI -NI or to Marketing and Outreach (M &). Travel costs by IOU staff should be limited, but this will be achieved via the cost targets for M &O and DI -NI. 2) CONFERENCE TRAVEL AND FEES /UTILTY SPONSORSHOP OF CONFERENCES: The IOUs suggest that all travel and fees related to EE conferences are appropriate administrative costs. However, ED has conferred with CPUC accounting and we jointly recommend that IOU sponsorship of conferences, i.e. "platinum" "gold" level sponsorships of conferences, are explicitly prohibited as allowable IOU EE conference costs. Sempra reports that its sponsorship of such conferences are currently billed as corporate costs; SCE argues that IOU membership fees in smaller trade oriented associations sometimes includes free entry into related conferences. Recommendation: IOU sponsorships of EE conferences (i.e., "platinum" "gold" level donations) be explicitly prohibited from inclusion in EE budgets as administrative costs. IOUs mayjoin membership - based issue - specific (i.e. HVAC) trade organizations that include as a component of membership benefits entry into conferences. Other staff travel costs to participate in EE conferences are also allowable administrative costs. Justification: IOU sponsorship of major national EE conferences is corporate marketing, not EE program work. IOU staff may participate in such large conferences through regular entry fees in the case that IOU staff are presenting or have targeted educational or networking goals for specific conferences; these are justifiable EE administrative costs. 3) BENEFITS /PENSIONS /PAYROLL TAXES: IOUs want to place vacation and sick leave costs relating to labor costs for DI, M &O in those categories, stating that "these follow labor charges." The ACA places these costs in the administrative cost category, but for EM &V states that benefits, payroll tax, and pensions are in the EM &V cost category. All IOUs currently place all EE staff pensions and benefits in the GRC; SCE also includes EE payroll taxes in the GRC, whereas Sempra and PG &E currently place those under administrative costs. Recommendation: IOUs should be allowed to continue to place EE pension and benefit costs in the GRC. However, the IOUs should be required to consistently place EE payroll taxes as general EE administrative costs (i.e. SCE should change its current practice of placing these costs in the GRC). Labor vacation and sick leave costs should follow labor as the IOUs have proposed. 01 -01 -2013 Proliggry &fzdential Page E -3 Justification: It is CPUC standard practice to allow IOUs to recoup benefit and pension costs in the GRCs, whereas payroll taxes are typically recouped as administrative costs. It is also standard CPUC practice to allow vacation and sick leave costs to follow labor costs (i.e., to DI -NI, DI, M &0). 4) INFORMATION TECHNOLOGY COSTS: IOUs want IT costs related to tracking systems for individual programs to be charged to M &O /DI respectively, and that only overall portfolio IT equipment and work should be charged to administrative costs. Recommendation: IOUs should be permitted to charge program- specific IT costs to the relevant DI /M &O program categories. EM &V and other portfolio -level IT costs should be charged to administrative costs except in the case that these constitute capital costs, such as the recent PG &E request for MDSS cost recovery through the EE portfolio (that request was denied and PG &E referred to the GRC to recoup those costs). Justification: The ACA is silent on including IT costs in the EM &V category, thus these are reasonably included — as overall portfolio IT costs — in the administrative cost categories, except when these are capital costs, as noted above. It is reasonable that individual programs must have unique and high - quality IT systems developed; such systems are critical for program implementation and savings tracking. Comparison data for costs in other states indicate that IT is frequently not included in the administrative cost category, and thus it is reasonable for the CPUC to not require that all IT costs are placed in administrative costs. 5) INCLUSION OF LOCAL GOVERNMENT AND THIRD PARTY M &O AND DIRECT IMPLEMENTATION (NON- INCENTIVE) (DI -NI) COSTS IN THE 6% AND 20% COST CAPS: In recent discussions between EE and IOU staff, some confusion arose as to whether LGP /3`d Party M &O and DI -NI costs are subject to the 6% and 20% cost targets. Recommendation: LGP and3rd Party M &O and DI -NI costs are subject to the 6% and 20% overall portfolio cost targets. Justification: D. 09 -09 -047 is silent on ring- fencing LGP /3r0 Party costs outside of the cost caps. Controlling these costs is important in order to increase incentives offered directly to customers. It should be noted, however, that the M &O and DI -NI cost targets are targets, not caps (p. 71 & 72; OP 13) and that in the compliance filing an accompanying IOU explanation of why exceeding these caps is critical to program implementation should be sufficient to justify exceeding these targets if special circumstances can be explained. Special circumstances may be warranted in a variety of cases. For instance, in the case of SCE, up to $50 million in non - resource program direct implementation costs were either not identified by ED in our analysis (OBF program) or added as part of the budget adjustment ($32 million for LGP Strategic Plan innovative programs). 01 -01 -2013 Proligc b4nfidential Page E -4 IOU Proposed Mapping of CPUC's Adopted Definitions, CAP'S and Target's Administrative Activities — 10% CAP [see citation I below] - Responding to Data Requests (pg 50) - Responding to Financial & Regulatory Audits (pg 50) - Support related to Regulatory Filings (Monthly & Quarterly Reports and Annual Reporting) (pg 50) - Human Resources Support (pg 49) o Payroll taxes o Payroll support - Membership dues - Travel & Conference Costs (Labor, Fee's, Lodging, Transportation, etc.) (pg 49 and 50). IOU Sponsorship ( "platinum" "gold" "silver" level etc) is prohibited as an EE allowable travel cost. Such costs should be recouped in the GRC. - Information Technologies Support and Services (pg 50) o Licensing fees or IT development cost for program specific applications for implementation are part of DI (benchmarking tool or Project Management tool) - Accounting support (pg 50) - Strategic Planning Administrative & Logistical Costs Related to Workshops (pg 57) - Vacation and Sick Leave Related to Administrative Labor— follows labor charges (pg 50) - Supply Management function activities to ensure oversight of contractors (pg 50) - Administering contractor payments for services which are non incentive related (pg 50) - Reporting Data Base (i.e. CRM, Track It Fast, 'Program Builder, SMART, etc.) (pg 50) - Facility Related Costs - Administrative Assistant Activities (pg 49 & 50) - Utility administrative cost associated with Local Government Partnerships & Third Party programs 10% Administrative Cost "Target" for Third Party and Local Government Partnership Direct Cost (Separate from Utility Cost to administer these programs, see citation 2 below) (pg 63) Marketing Activities (within programs) — Target 6% (pg 238 and 239) See CPUC allowable cost category definitions and see citation 3 below. - Preparing Collateral - Distributing Collateral - Support related to Outreach Events - Participating in Outreach Events - Advertising, Media, Radio, Newspaper, Activities Website and Magazine related Marketing 01 -01 -2013 Pro2gt &nfidential Page E -5 LGP marketing & outreach related to Long -Term Strategic Planning support Vacation and Sick Leave Related to Marketing Labor — follows labor charges (pg 50) Marketing- specific IT costs Staff travel to undertake marketing- specific work activities (excluding conference participation). Direct Implementation Activities — Target 20% [see citation 4 below] - Employees who have a direct interface with the customer (i.e. Account Executives, Auditors, Engineers, Processors, Inspectors, call center representatives) (pg 50) - Processing Rebate applications (pg 50) - Inspecting rebated /incentivized measures (pg 50) - Engineering related activities (pg 50) - Measurement Development (Pg 50) - Education and Training Contractors /Partners /Customers (pg 50) - Project Management Activities (i.e. Planning Scope of work, working with contractors and customers, setting goals, reviewing goals, reacting to market conditions, and customer calls) (pg 50 and pg 57) - Program Planning, Development and Design (pg 57) - Emerging Technologies Program Management Activities (pg 50) - WE &T Program Management Activities (pg 50) - On Bill Financing Program Management Activities (pg 50) - Customer Support (pg 50) - Energy Audits and Continuous Energy Improvement (pg 50 & 192) - Market Transformation and Long -Tenn Strategic Plan Support (pg 51) - Compiling and maintaining information for projects (pg 50 and pg 57) - Licensing fees or IT development cost for program specific applications for implementation are pat of DI (benchmarking tool or Project Management tool) - Vacation and Sick Leave Related to Direct Implementation Labor— follows labor charges (pg 50) - Direct - implementation specific IT costs - Staff travel to undertake direct implementation - specific work activities (excluding conference participation). Target of 20% on "non- resource" support costs which includes direct implementation non - incentive costs associated with incentive -based programs, such as education and training, engineering support and project management, and long term strategic plan support. (Pg 6) EM &V Activities: - Staff travel to participate in Strategic Plan workshops - Market, cost assessment and other studies as relevant to or suggested in the Strategic Plan 01 -01 -2013 Proy;i�q�v c�„ nfidential Page E -6 Decision 09 -09 -047 Citations Citation 1: Administrative Costs (p.49, OP #13a) (p. 491 4.4. Administrative Costs We impose a 10% cap on total administrative costs, defined as overhead (General and Administrative (G&A) Labor and Materials), labor (Management and Clerical), Human Resources (HR) Support and Development, Travel and Conference Fees (Administrative Costs). Administrative costs are a necessary component of implementing energy efficiency programs. Utilities have a number of administrative duties including reporting to the Commission, internal management controls, and oversight of contractors which must be funded in order to carry out their required programs. Administrative costs,30as we have defined them, include: • Overhead (G&A Labor/Materials): administrative labor, accounting support, IT services and support, reporting databases, data request responses, CPUC financial audits, regulatory filings support and other ad -hoc support required across all programs. • Labor (Managerial & Clerical): This category includes utility labor costs related to either management or clerical positions directly related to program administration. SDG&E and SCG also add payroll taxes. • Travel and Conference fees: This includes labor, travel and fees for conferences. These Administrative Costs categories do not include EM&V or Marketing and Outreach. Direct Implementation costs for delivering programs, which are defined as "costs associated with activities that are a direct interface with the customer or program participant or recipient (i.e., contractor receiving training), are also excluded.31 Direct Implementation includes non - resource programs such as Emerging Technologies, WEPT, Lighting Market Transformation, Zero Net Energy Pilots, local P statewide DSM integration and On -Bill Financing. Also included are direct implementation non - incentive costs associated with incentive -based programs. These costs include engineering project management, customer support, certain sub - programs (e.g., Energy Audits and Continuous Administrative costs are necessary to well -functioning programs, it is our 01 -01 -2013 Prop{zgc b pnfidential Page E -7 duty to ensure that administrative costs are reasonable and limited to those overhead and labor costs that are truly required to implement quality programs, so that ratepayer funds are used to the greatest degree possible for the programs themselves. MA list of allowable administrative costs is attached to the December 2008 Assigned Commissioner's Ruling, at attachment 5 -A. 31 February, 2006 ALJ Ruling in R.01 -08 -028 on reporting requirements for the utility energy efficiency programs. [Ordering Paragraph #13a] a. Administrative costs for utility energy efficiency programs (excluding third party and/or local government partnership budgets) are limited to 10% of total energy efficiency budgets. Administrative costs shall be closely identified by and consistent across utilities. Administrative costs shall not be shifted into any other costs category. Utilities shall not reduce the non - utility portions of local government partnership and third party implementer administrative costs, as compared to levels contained in budgets approved herein, unless those levels exceeded 10% in the July 2009 utility supplemental applications in this proceeding; Citation 2: Administrative Costs- third parties and partnerships (p.63) (p. 63] An administrative cost cap of 10% on third party programs and local government programs is also an important component of containing total portfolio administrative costs. However, imposing a 10% administrative cost cap for each program within these categories would be excessively burdensome for utilities, third party contractors and government partners. Therefore, zue direct the utilities to seek to achieve a 10% administrative cost target for third party and local government partnership direct costs (i.e., separate from utility costs to administer these programs). As combined total program categories, third party and local government program administrative costs should strive toward the 10% total administrative cost target. In addition, we agree with comments by LGSEC and CCSF on the Proposed Decision that utilities should not be permitted to unduly shift administrative cost cuts onto local government partnership and third party implementers. Therefore, we direct the utilities to not reduce the non - utility portions of local government partnership and third party implementer administrative costs, as compared to levels contained in the budgets proposed by the utilities in their July 2009 applications and approved herein, except where these costs as filed exceed the 10% 01 -01 -2013 Pro I,ofgq &nfidential Page E -8 cost target level. Citation 3: Marketing Activities (p.73, OP #13b) (p. 73] Using this data as a guideline for our programs, we reduce the ME&O budget to 6% of the adopted portfolios, which is a reduction from the proposed levels of around 8 %, but still above national trends (excluding Vermont as an outlier). This is not a hard cap, as with administrative costs, but a budget target. This target is reasonable. As discussed in the ME&O section, the centerpiece of our ME&O program — the statewide ME&O branding and outreach program — has a budget of $60 million, with additional funding coming from already approved budgets for the LIFE and Demand Response programs. This reduction is also consistent with the direction of D.07 -10 -032, in which we noted our concerns about the increasing ratepayer costs of ME&O for California's demand side programs and directed a statewide, integrated approach. [Ordering Paragraph #13b] Marketing, Education and Outreach costs for energy efficiency are set at 6% of total adopted energy efficiency budgets, subject to the fund- shifting rules in Section II, Rule 11 of the Energy Efficiency Policy Manual Citation 4: Direct Implementation Activities [p.6, 50, 57, OP #13c] !p. 6] Similarly, we place a target of 20% on non - resource support costs.7 7 This activity includes direct implementation non - incentive costs associated with incentive -based programs, such as education and training, engineering support and project management, and long term strategic plan support. (p. 50] Direct Implementation costs for delivering programs, which are defined as "costs associated with activities that are a direct interface with the customer or program participant or recipient (i.e., contractor receiving training)," are also excluded.31 Direct Implementation includes non - resource programs such as Emerging Technologies, VVE&T, Lighting Market Transformation, Zero Net Energy Pilots, local & statewide DSM integration and On -Bill Financing. Also included are direct implementation non- 01 -01 -2013 Pro] i ( t4nfzdential Page E -9 incentive costs associated with incentive -based programs. These costs include engineering project management, customer support, certain sub - programs (e.g., Energy Audits and Continuous Energy Improvement), market transformation and long term strategic plan support. 31 February, 2006 ALJ Ruling in R.01 -08 -028 on reporting requirements for the utility energy efficiency programs. (p. 5 7 We therefore clarifij here that we accept utility categorization of program planning, design and project management costs as direct implementation non - incentive costs and direct our staff to issue a revised guideline describing the details of administrative costs versus direct implementation costs. [Ordering Paragraph #13c] Non - resource costs (excluding non - resource direct implementation costs) are set at 20 of the total adopted energy efficiency budgets; O1 -01 -2013 Pro4Acyw cknfdential Page E -10 2. Allowable Costs Table - February 21, 2006 Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for bill -payer funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the Company. If there is a desire to include additional Allowable Cost elements, the Company Representative should be contacted in order for the Representative to seek approval from the CPUC. (Source: Administrative Law Judge's Ruling on Reporting Requirements, Docket No. 01 -08 -028, February 21, 2006). Invoiced costs will be used by all IOUs for recording expenses for the Energy Efficiency programs as per the adopted allowable costs presented in the Attachment to the 2/21/06 ALJ ruling. Any accompanying costs breakdowns (or detail) shall reflect consistent business costing and normal business operations reporting. (Source: Energy Division Workshop Cost Category Allowable Costs I IOU Labor -Clerical IOU Labor - 3/30/2006 IOU Labor - Staff Management IOU Labor - Staff Supervision Subcontractor Labor - Clerical Subcontractor Labor - Program Design Subcontractor Labor - Program Development Subcontractor Labor - Program Planning Subcontractor Labor - Program/Project Management Subcontractor Labor - Staff Management Subcontractor Labor - Staff Supervision Human Resource Support and Development IOU Labor - Human Resources IOU Labor - Staff Development and Training _ IOU Benefits - Administrative Labor IOU Benefits - Direct Implementation Labor IOU Benefits - Marketing/Advertising /Outreach Labor IOU Payroll Tax - Administrative Labor IOU Payroll Tax - Administrative Labor IOU Payroll Tax - Administrative Labor IOU Pension - Administrative Labor IOU Pension - Direct Implementation Labor _ IOU Pension - Marketing /Advertising/Outreach Labor Subcontractor Labor- Human Resources Subcontractor Labor - Staff Development and Training Subcontractor Benefits - Administrative Labor Subcontractor Benefits - Direct Implementation Labor ouucuuuacun ncucinti - rviauxcuug/r uvciusuigivuucauu i,auui Subcontractor Payroll Tax - Administrative Labor Subcontractor Payroll Tax - Direct Implementation Labor Subcontractor Payroll Tax - Marketing /Advertising /Outreach Labor _ Subcontractor Pension - Administrative Labor 01 -01 -2013 ProaietK �& Tnfidential Page E -11 Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for bill -payer funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the Company. If there is a desire to include additional Allowable Cost elements, the Company Representative should be contacted in order for the Representative to seek approval from the CPUC. (Source: Administrative Law Judge's Ruling on Reporting Requirements, Docket No. 01 -08 -028, February 21, 2006). Invoiced costs will be used by all IOUs for recording expenses for the Energy Efficiency programs as per the adopted allowable costs presented in the Attachment to the 2/21/06 ALJ ruling. Any accompanying costs breakdowns (or detail) shall reflect consistent business costing and normal business operations reporting. (Source: Energy Division Workshop Report: Annual Reporting Requirements and Performance Basis, Docket No. 06 -04 -010, July 20, 2007, p. 13 3/30/2006 Cost Categories Allowable Costs Subcontractor Pension - Direct Implementation Labor Subcontractor Pension - Marketing /Advertising /Outreach Labor Travel and Conference Fees IOU Conference Fees IOU Labor - Conference Attendance IOU Travel - Airfare IOU Travel- Lodging IOU Travel - Meals IOU Travel - Mileage IOU Travel - Parking IOU Travel - Per Diem for Misc. Expenses Subcontractor - Conference Fees Subcontractor Labor - Conference Attendance Subcontractor - Travel - Airfare Subcontractor - Travel- Lodging Subcontractor - Travel - Meals Subcontractor - Travel - Mileage Subcontractor - Travel - Parking Subcontractor - Travel - Per Diem for Misc. Expenses Overhead (General and Administrative) - Labor and Materials IOU Equipment Communications IOU Equipment Computing IOU Equipment Document Reproduction IOU Equipment General Office IOU Equipment Transportation IOU Food Service _ IOU Office Supplies IOU Postage IOU Labor - Accounting Support IOU Labor - Accounts Payable IOU Labor - Accounts Receivable IOU Labor - Administrative IOU Labor - Facilities Maintenance IOU Labor - Materials Management IOU Labor - Procurement IOU Labor - Shop Services IOU Labor - Transportation Services IOU Labor - Automated Systems IOU Labor - Communications IOU Labor - Information Technology 01 -01 -2013 Pro2jt& j&�pnfidential Page E -12 Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for bill -payer funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the Company. If there is a desire to include additional Allowable Cost elements, the Company Representative should be contacted in order for the Representative to seek approval from the CPUC. (Source: Administrative Law Judge's Ruling on Reporting Requirements, Docket No. 01 -08 -028, February 21, 2006). Invoiced costs will be used by all IOUs for recording expenses for the Energy Efficiency programs as per the adopted allowable costs presented in the Attachment to the 2/21/06 ALJ ruling. Any accompanying costs breakdowns (or detail) shall reflect consistent business costing and normal business operations reporting. (Source: Energy Division Workshop Report: Annual Reporting Requirements and Performance Basis, Docket No. 06 -04 -010, July 20, 2007, p. 13 3/30/2006 Cost Categories Allowable Costs IOU Labor - Telecommunications Subcontractor Equipment Communications Subcontractor Equipment Computing Subcontractor Equipment Document Reproduction Subcontractor Equipment General Office Subcontractor Equipment Trans ortation Subcontractor Food Service Subcontractor Office Supplies Subcontractor Postage Subcontractor Labor - Accounting Support Subcontractor Labor - Accounts Payable Subcontractor Labor - Accounts Receivable Subcontractor Labor - Facilities Maintenance Subcontractor Labor - Materials Management Subcontractor Labor - Procurement Subcontractor Labor - Shop Services Subcontractor Labor - Administrative Subcontractor Labor - Transportation Services Subcontractor Labor - Automated Systems Subcontractor Labor - Communications Subcontractor Labor - Information Technology Subcontractor Labor - Telecommunications Marketing/Advertising/Outreach Cost Category IOU - Advertisements / Media Promotions IOU - Bill Inserts IOU - Brochures IOU - Door Hangers IOU - Print Advertisements IOU - Radio Spots IOU - Television Spots IOU - Website Develo ment IOU Labor - Marketing IOU Labor - Media Production IOU Labor - Business Outreach IOU Labor - Customer Outreach IOU Labor - Customer Relations Subcontractor - Bill Inserts Subcontractor - Brochures Subcontractor - Door Hangers Subcontractor - Print Advertisements 01 -01 -2013 Pro2iptp v iWficlential Page E -13 Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for bill -payer funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the Company. If there is a desire to include additional Allowable Cost elements, the Company Representative should be contacted in order for the Representative to seek approval from the CPUC. (Source: Administrative Law Judge's Ruling on Reporting Requirements, Docket No. 01 -08 -028, February 21, 2006). Invoiced costs will be used by all IOUs for recording expenses for the Energy Efficiency programs as per the adopted allowable costs presented in the Attachment to the 2/21/06 ALJ ruling. Any accompanying costs breakdowns (or detail) shall reflect consistent business costing and normal business operations reporting. (Source: Energy Division Workshop Report: Annual Reporting Requirements and Performance Basis, Docket No. 06 -04 -010, July 20, 2007, p. 13 3/30/2006 Cost Categories Allowable Costs Subcontractor - Radio Spots Subcontractor - Television Spots Subcontractor - Website Development Subcontractor Labor - Marketing Subcontractor Labor - Media Production Subcontractor Labor - Business Outreach Subcontractor Labor - Customer Outreach Subcontractor Labor - Customer Relations Direct Implementation Cost Category Financial Incentives to Customers Activity - Direct Labor IOU Labor - Curriculum Development IOU Labor - Customer Education and Training IOU Labor - Customer Equipment Testing and Diagnostics IOU Labor - Facilities Audits Subcontractor Labor - Facilities Audits Subcontractor Labor - Curriculum Development Subcontractor Labor - Customer Education and Trainin Subcontractor Labor - Customer Equipment Testing and Diagnostics Installation and Service - Labor IOU Labor - Customer Equipment Repair and Servicing IOU Labor - Measure Installation Subcontractor Labor - Customer Equipment Repair and Servicing Subcontractor Labor - Customer Equipment Repair and Servicing Direct Implementation Hardware and Materials IOU Audit Applications and Forms IOU Direct Im lementation Literature IOU Education Materials IOU Energy Measurement Tools IOU Installation Hardware _ Subcontractor - Direct Implementation Literature Subcontractor - Education Materials Subcontractor - Energy Measurement Tools Subcontractor - Installation Hardware Subcontractor -Audit Applications and Forms Rebate Processing and Inspection - Labor and Materials IOU Labor - Field Verification IOU Labor - Site Inspections IOU Labor - Rebate Processing IOU Rebate Applications 01 -01 -2013 ProtLjiw Unfidential Page E -14 Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for bill -payer funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the Company. If there is a desire to include additional Allowable Cost elements, the Company Representative should be contacted in order for the Representative to seek approval from the CPUC. (Source: Administrative Law Judge's Ruling on Reporting Requirements, Docket No. 01 -08 -028, February 21, 2006). Invoiced costs will be used by all IOUs for recording expenses for the Energy Efficiency programs as per the adopted allowable costs presented in the Attachment to the 2/21/06 ALJ ruling. Any accompanying costs breakdowns (or detail) shall reflect consistent business costing and normal business operations reporting. (Source: Energy Division Workshop Report.-Annual Reporting Requirements and Performance Basis, Docket No. 06 -04 -010, July 20, 2007, p. 13) 3/30/2006 Cost Categories Allowable Costs Subcontractor Labor - Field Verification Subcontractor Labor - Rebate Processing Subcontractor - Rebate Applications 01 -01 -2013 Prop i c v c��nfidenlial Page E -15 25C -96 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: AMENDMENT TO AGREEMENTS WITH RUEVAC PROPERTY SERVICES, INC., FOR POWER WASHING AND SWEEPING SERVICES CITY MANKGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to extend the power washing and power sweeping agreements with RueVac Property Services, Inc., in a total amount not to exceed $36,444, for a period of up to 12 months, on a month -to -month basis, subject to nonsubstantive changes approved by the City Manager and City Attorney. The recommended action will allow the power washing and power sweeping to continue at the Santa Ana Regional Transportation Center while staff completes the Request for Proposals process leading to a contract award for City Council consideration. On January 4, 2011, the City Council approved maintenance service agreements with RueVac Property Services, Inc. (RueVac), to provide power washing and power sweeping at the Santa Ana Regional Transportation Center. The service agreements provide for all labor, materials, equipment, and transportation necessary for keeping all areas of the two parking lots, courtyard, paths of entry, bus parking stalls, driveways, and the parking structure clean and well swept. Two separate agreements are in place: one for power sweeping and a second for power washing. Both agreements are set to expire on December 31, 2013. Staff is requesting City Council approval to extend the existing agreements with RueVac on a month -to -month basis for up to 12 months, for the purpose of completing a Request for Proposals (RFP) process involving solicitation of proposals for the required services from qualified service providers. Staff will return to the City Council with a recommended contract award once the RFP evaluation and selection process has been completed. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25D -1 Amendment to Agreements with RueVac for Power Washing and Sweeping December 16, 2013 Page 2 FISCAL IMPACT Funds are available in the Depot Operations fund (Account 06717650 - 62320). Edwin "Willia " Galvez, P.E. Interim Executive Director APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez y Executive Director Public Works Agency Finance & Management Services Agency EWG:AF Exhibit: 1. Amendment to Agreement — Power Washing 2. Amendment to Agreement — Power Sweeping 25D -2 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on December 16, 2013, by and between RUE VAC PROPERTY SERVICES, INC., a California corporation ( "Consultant') and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2011 -012, dated January 4, 2011 . (hereinafter "said Agreement'), by which Consultant has provided steam cleaning and power washing of public areas at the Santa Ana Regional Transportation Center ( "SARTC "). B. By Amendment dated December 15, 2011, and January 29, 2013, the parties extended the tern of said Agreement. C. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term up to an additional twelve -month period, on a month -to -month basis, and to add compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to add $27,600 to pay for services, at the rate of $2,300.00 per month, for up to twelve additional months. 2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on January 1, 2011 and terminate on December 31, 2013, unless terminated earlier in accordance with Section 12, below. This Agreement shall be extended on a month -to -month basis for up to twelve months, through December 31, 2014. City may terminate this Agreement at the time it awards a new contract for provision of power washing services at SARTC." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment to Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director - PWA RUE VAC PROPERTY SERVICES, INC. (NAME) (Title) 25D -4 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on December 2, 2013, by and between RUE VAC PROPERTY SERVICES, INC., a California corporation ( "Consultant') and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2011 -011, dated January 4, 2011, (hereinafter "said Agreement') by which Consultant has provided power sweeping services for the public areas at the Santa Ana Regional Transportation Center ( "SARTC" ). B. By Amendments dated December 15, 2011, and January 29, 2013, the parties extended the term of said Agreement. C. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for up to an additional twelve -month period, on a month -to -month basis, and to increase compensation to provide compensation during the extended period. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 2.a, COMPENSATION, shall be amended to add $8,844.00, to pay for services, at the rate of $737.00 per month, for up to twelve additional months. 2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on January 1, 2011 and terminate on December 31, 2013, unless terminated earlier in accordance with Section 12, below. This Agreement shall be extended on a month -to -month basis for up to twelve months, through December 31, 2014. City may terminate this Agreement at the time it awards a new contract for provision of power sweeping services at SARTC." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. US 5 To 111 M IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director - P WA CITY OF SANTA ANA DAVID CAVAZOS City Manager RUE VAC PROPERTY SERVICES, INC. (NAME) (Title) 25D -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: AGREEMENT AMENDMENT WITH SERVICE 1sT FOR FOUNTAIN MAINTENANCE SERVICES Z��� CI 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 first of two, two -year extensions with Service 1" to provide fountain maintenance services for the City of Santa Ana in the annual amount of $43,990, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for the routine maintenance of the fountains located in the Downtown Civic Center, including the Plaza of the Fountains (three fountains), Plaza of the Sun, Sasscer Park, the 2nd Street Mall fountain, and the Santa Ana Regional Transportation Center fountain. On November 7, 2011, Service 15` was awarded a agreement, which is set to expire December 31, 2013, agreement for two additional two -year terms. contract to maintain the fountains. The two -year includes a provision that allows the City to extend the FISCAL IMPACT Funds are available in Civic Center M &R Building and Grounds account (no. 07413250 62320) and the Depot's Maintenance & Repair - Buildings and Grounds account (no. 06717650 62320). —Gerar Jo Mouet, ExeCL tive Director Parks, Recreation and Community Se gency dwin "William ez, P.E. Interim Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNT: �•nclmNtrms� 1` �$ Francisco Gutierrez, Executive Director Finance and Management Services Agency 25E -1 25E -2 FIRST EXTENSION OF FOUNTAIN MAINTENANCE AGREEMENT THIS FIRST EXTENSION OF AGREEMENT is effective as of January 1, 2014, by and between Service First Contractors Network dba Service 1st, a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2011 -249, dated November 7, 2011, (hereinafter "said Agreement ") by which Contractor has provided fountain maintenance and repair services. B. By First Amendment dated February 21, 2012, the Parties agreed to include maintenance services for the fountain at the Santa Ana Regional Transportation Center ( "SARTC ") and increase compensation to pay for the additional services. C. By Second Amendment dated April 18, 2012, the Parties amended said Agreement to include the additional services required to repair the expansion joints at Memorial Park Pool. D. In accordance with the terms and conditions of said Agreement, as amended, the parties wish to extend said Agreement for the first of two two -year extensions. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in the First and Second Amendments to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, is restated for reference to read as follows: "Contractor shall perform fountain maintenance and repair services for City owned fountains in Downtown Santa Ana and the Civic Center, as set forth in City Specifications attached to said Agreement as Exhibit A. Additionally, Contractor shall provide maintenance and repair services for the fountain located at the Santa Ana Regional Transportation Center ( "SARTC "). Said SARTC maintenance shall be performed on a weekly basis, and shall comply with the Specifications for maintenance and repair of the fountains in Downtown Santa Ana and the Civic Center." 2. Section 2a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for servicing the City Fountains as set forth on Exhibit A, attached hereto and incorporated herein: The total sum to be expended under this Agreement shall not exceed $43,390.00 annually, which includes a contingency for unanticipated work required during the Term of said Agreement." 3. Section 3, TERM, shall be extended by the first of two two -year extensions, through December 31, 2015. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25E -3 IN WITNESS WHEREOF, the parties hereto have executed this First Extension to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager SERVICE FIRST CONTRACTORS NETWORK dba Service 1st FRANK VANDEN13ERG President 25E -4 ♦. l�I �I SERVICE FIRST EXTENSION SANTA ANA FOUNTAIN LOCATIONS SERVICE 1st January 1, 2014 - December 31, 2016 25E -5 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, S.A. Regional Transportation Center (1). Location Times Per Week Service Sasscer Park Fountain x Plaza of the Fountains — three fountains t Plaza of the Sun Fountain x 2nd Street Mall Fountain x S.A. Regional Transportation Center x 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 pattern 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 strainer(s) interceptor basket), skimmers and screens 4 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 o erate filter (s) as recommended by the manufacturer. 19 Replace filter medium, if necessary as recommended by the manufacturer. 20 Clean exterior of each fountain, including, but not limited to, removal of dirt, grime, grease, graffiti, 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, graffiti, 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. *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. 25E -6 Fountain Structure Routine Maintenance and Repair 20 Repair interior fountain cracks and leaks caused by normal age and wear. Cracks and leaks caused by extraordinary cause, i.e., vandalism, earthquake, do not apply 21 Replace broken or missing skimmer lids and drain covers as necessary. 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 pumpffilter room 2 Maintain pump /filter room e.g., lights, ventilation 3 Repair buil ing 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 the Civic Center and two days per week (Monday- Friday) at the Second Street Mall. Contractor shall maintain a set schedule for providing the daily tasks. 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. 25E -7 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. 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. 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.13.81 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: 25E -8 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. C. Allowing adjustment of mechanical equipment controls for heating, ventilation, and air conditioning systems only by authorized workers. d. Turning off water faucets or valves after required usage has been accomplished. 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. 25E -9 C.2 Definitions C.2.1 Definitions of Terms. Clean. Free from dirt, dust, spots, streaks, stains, smudges, litter, debris, contamination, or residue or impurities, unsoiled, unstained, or recently washed. 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. 25E -10 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. 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 Da v. 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. 25E -11 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.327 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. 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 contract 25E -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: AMENDMENT TO AGREEMENT WITH ICLEI FOR ADDITIONAL SCOPE OF WORK FOR THE CLIMATE ACTION PLAN 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 Authorize the City Manager and Clerk of the Council to execute a second amendment to the agreement with ICLEI — Local Governments for Sustainability USA, extending the agreement through June 30, 2015, for completion of the Climate Action Plan, in an amount not to exceed $25,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Approval of this recommended action will allow ICLEI — Local Governments for Sustainability USA ( ICLEI) to perform additional analysis and evaluation for completion of the City's Climate Action Plan. The agreement extension will be funded entirely by the Energy Partnerships with Southern California Edison (SCE) and Southern California Gas (SCG). On November 8, 2011, the City approved a contract with ICLEI for the Baseline Greenhouse Gas Emissions Inventory and a Climate Action Plan (CAP). The CAP will provide a comprehensive plan for reducing greenhouse gas (GHG) emissions from the City's municipal operations and the community. The CAP will serve as a guiding document to identify ways in which the community and City can reduce GHG emissions. The current agreement with ICLEI expires on December 31, 2013. In CAP development process, additional detailed analysis and evaluation was needed that was not included in the original scope of work. The SCE and SCG Energy Partnerships have allocated $10,000 and $15,000, respectively, to assist the City in completing this additional work. This amendment will extend the agreement with ICLEI to June 30, 2015. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25F -1 Amendment to Agreement with ICLEI December 16, 2013 Page 2 FISCAL IMPACT SCE and SCG have approved a not -to- exceed allocation of $10,000 and $15,000, respectively. The City will pay for these costs up front from the Public Works Administrative Services Program (Account 10117601 - 62300) and will be reimbursed by the SCE and SCG Partnerships (Account 10117002 - 57010). i Edwin "William" Ivez, P.E. Interim Executive Director Public Works Agency EWG /CK Exhibit: 1. Amendment APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25F -2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on December 16, 2013, by and between ICLEI — Local Governments for Sustainability USA, a non -profit organization ( "Consultant') and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement # A- 2011 -245, dated November 7, 2011, (hereinafter "said Agreement') by which Consultant has provided consulting services to prepare a greenhouse gas inventory and climate action plan. B. By First Amendment A- 2012 -043, dated March 5, 2012, the parties agreed to and increased Scope of Services, additional compensation and an extension of the term. C. In accordance with the terms and conditions of said Agreement, the parties wish to increase compensation to pay for additional reporting services provided at the request of the City and to extend the term to provide time to complete all required services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase compensation by $25,000.00, to pay for the additional reports requested by the City, as set forth in Exhibit A -1, attached hereto and incorporated by this reference. The total not to exceed amount shall be $426,808.00, during the term of said Agreement. 2. Section 4, TERM, shall be amended to extend the termination date through June 30, 2015. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25F -3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney IL , Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director - PWA CITY OF SANTA ANA DAVID CAVAZOS City Manager ICLEI — LOCAL GOVERNMENTS FOR SUSTAINABILITY USA (NAME) (Title) 25F -4 EXHIBIT A -1 ADDITIONAL SERVICES PROVIDED BY CONSULTANT Consultant was tasked with preparing a Greenhouse Gas Inventory and a Climate Action Plan (CAP). After preparation and delivery of the initial reports provided by Consultant, the City requested additional work, including: Multiple rounds of reorganization of the measures according to different frameworks (such as voluntary /incentive- based /mandatory, difficult /easy to implement, etc. (60 hours @$130/hr = $7,800) • Addition, removal, and re- addition of measures to the analysis (13 hours @$130 /hr = $1,690) Revisiting the earlier deliverable "existing measures analysis" to include analysis of additional existing measures that weren't identified during that earlier task (60 homy @ $130 /hr = $7,800) • Revising the measures analysis to meet shifting emissions reduction targets (20 hours @ $130 /hr = $2,600) Repeated consultations on CEQA approach that weren't anticipated (20 hours @ $130 /hr = $2,600) Participation in additional work planning meetings and an additional two steering committee meetings (20 hours @ $130 /hr= $2,600) Total hours 193 @ $130/hr = $25,090 25F -5 25F -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: 16, 2013 TITLE: AGREEMENT FOR FEDERAL GOVERNMENT LIAISON SERVICES WITH HOLLAND & KNIGHT OF WASHINGTON, D.C. CITY MANAQeR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a professional services agreement with Holland and Knight for federal government liaison services, commencing December 17, 2013 for a one -year term with the option of extending the term for two one -year terms, upon written approval by the City Manager, based on the terms set forth in the attached draft agreement and in an annual amount not to exceed $84,000. Staff also requests authorization for the City Manager and the City Attorney to finalize the agreement and make non - substantive changes prior to its final execution. DISCUSSION Cities throughout California engage federal government liaisons to represent their municipal policy perspectives in legislative matters in Washington D.C. This service typically includes the review and monitoring of federal executive proposals and legislation, as well as administrative rules and regulations that may affect the City. Federal government liaison services are also essential in identifying funding opportunities and grant applications and other special programs for which the City may qualify. In the past year, the City has benefited from these services as we secured congressional support on grant applications submitted to the U.S. Department of Labor for a Workforce Innovation Grant and a H1- B Bridge to Engineering Grant; the latter was awarded $5 million over five years. In September 2012 the City Council directed staff to prepare a Request for. Proposals (RFP) for federal government liaison services. Staff prepared the RFP and conducted a selection process, explained in greater detail below. Based on the selection process, staff recommended the selection of Holland and Knight at the Council meeting of April 1, 2013. The Council continued the item for 30 days. At the Council meeting of May 6, 2013 the Council continued the item for 60 days. On June 10, 2013, staff presented the item to the Legislative Council Committee. The Committee made three recommendations to the City Council on July 1, 2013 based on the anticipated transition to a new City Manager and questions about the RFP process. The Council 25G -1 Holland & Knight Agreement December 16, 2013 Page 2 adopted the Committee recommendations and took the following action: 1) it rejected the bids submitted; 2) it authorized the City Manager to select and pay for interim services; and it 3) authorized the Legislative Committee to develop a new selection process. With the arrival of new City Manager Cavazos, the need to ensure that federally funded programs remain on track, and the desire to immediately and efficiently address Council priorities requiring the assistance of federal government liaison services, staff re- visited the RFP process. The City Manager determined that the process was transparent, objective and fair and Holland and Knight was uniformly rated as the most - qualified of seven proposers. Therefore, staff recommends that Council reconsider the original recommendation to enter into an agreement with Holland and Knight. Although the bids were previously rejected, the original process involved a rigorous review and was sound and objective. Furthermore, Section 2 -807 of the Santa Ana Municipal Code provides that contracts for services may be exempted from the bidding process altogether, and those over $25,000, may be confirmed by the City Council. Review of the 2012 RFP Selection Process In September 2012, the City Council directed staff to prepare a Request for Proposals (RFP) for federal government liaison services. RFP 12 -075 for Federal Government Liaison Services was released on November 21, 2012. Pursuant to the City's Standard Operating Procedures for RFP's, RFP 12 -075 was posted on the City's website and it was released to 50 consulting firms specializing in federal government liaison services. The 50 consulting firms were randomly selected from a list of 250 of the top consulting firms in the nation. Of the 50 firms solicited seven submitted proposals. All seven proposals complied with the basic requirements of the RFP and therefore each firm was notified that their respective proposals qualified to be included in the interview rating panel process. A rating panel consisting of representatives from the Recreation, and Community Services Agency, and the convened to review each of the proposals and rate them criteria as set forth in RFP 12 -075: 1. Responsiveness to the RFP 2. Implementation Plan 3. Experience of the Firm /Personnel 4. Cost of Proposal Public Works Agency, Parks, Community Development Agency in accordance with the following Proposals were rated individually by each panel member on the basis of a possible 100 points. Each proposal received a total score by adding points assigned by each of the three panelists, for a possible total of 300 points. At the conclusion of the meeting, the rating panel selected the top three proposals based upon the final scores: Consultant Firm Final Score Rankin Pro osal Holland & Knight 261 1 The Ferguson Group 257 2 Patton Boggs 25 3 wv -&E Holland & Knight Agreement December 16, 2013 Page 3 The top tier consultant firms were invited to participate in the oral interview process to allow staff to further assess their respective proposals. On February 26, 2013, the top tier consultant firms were interviewed by an oral interview selection panel consisting of the City's Acting Chief of Police, the Executive Director of Public Works, and the Executive Director of Government Relations for the Orange County Transportation Authority. Each consultant firm was allotted one -hour to give a presentation outlining their services and to answer questions from the selection panel members. The selection panel ranked the interviews and proposals based upon the following criteria detailed in the RFP: 1. Overall qualifications of proposed team and experience in the required areas. 2. Demonstrated prior experience with similar operations in the public /private sectors. 3. Project management acumen including ability to effectively work together with city staff, customers and stakeholders. 4. Oral communication /interpersonal skills. Similar to the rating panel process, proposals were rated individually by each oral interview selection panel member on the basis of a possible 100 points. Subsequently, each panel members' individual scores were tallied and totaled according to each proposal, for a total possible score as follows: Consultant Firm Final Score Rankinq Pro osal Holland & Knight 286 1 The Ferguson Group 275 2 Patton Boggs 273 3 Holland & Knight scored highest in the initial interview rating panel process and highest in the oral interview process and as a result on April 1, 2013, staff recommended the selection of Holland & Knight to represent the City's legislative and policy interests in Washington, D.C. FISCAL IMPACT Funds are available in the Public Works Administrative Services account (no. 10117601 - 62300) and General Fund Legislative Affairs (no. 01104012 - 62300). 25G -3 Holland & Knight Agreement December 16, 2013 Page 4 Edwin "WilliarK Galvez, P.E. Interim Executive Director Public Works Agency Attachment APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25G -4 CITY OF SANTA ANA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 17th day of December, 2013 by and between the City of Santa Ana, a charter city of the State of California ( "City ") and Holland and Knight of Washington D.C. with its principal place of business at 800 17th Street N.W., Suite 1100, Washington, DC 20006 ( "Consultant "). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in developing federal communications and legislative strategies for public clients, is a full service government relations firm registered with both the U.S. Senate & House of Representatives, and is familiar with issues identified by City in City's Legislative Priorities document. . 2.2 Project. City desires to engage Consultant to render Federal Legislative Advocacy and Liaison services ( "Project ") as set forth in this Agreement. 3. TERmt s. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional federal legislative advocacy and liaison consulting services necessary for the Project ( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, riles and regulations. 3.1.2 Term. The term of this Agreement shall be from December 17, 2013 to December 17, 2014, unless earlier terminated or extended as provided herein. On or before December 1, 2014 and December 1, 2015, as the case may be, the City Manager shall have the authority to extend the term of this Agreement for one additional, one -year term such that this 99999.91060\2925571.4 25G-5 Agreement may, if extended rim until December 17, 2016. All extensions, if granted, must be in writing executed by both parties. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates: Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perfonn similar or different services for others during the term of this Agreement. Any additional personnel performing the Services Lander this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amo>ants due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Intentionally Omitted. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement is as follows: Dan Maldonado. 3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Dan Maldonado or his or her designee, to act as its representative for the performance of this Agreement ( "Consultant's Representative "). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and 2 99999.91060\2925571.4 25G-6 attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2. 10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract mitil it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to 3 99999.91060\2925571.4 25G-7 persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scone of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the District of Columbia. 3.2.10.3 Professional Liability. [TBD with final approval of city manager and city attorney]. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. [TBD with final approval of city manager and city attorney]. (C) Workers' Compensation and Em lnloyers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other 4 99999.91060\2925571.4 25G-8 provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self- Insurance Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 5 99999.91060\2925571.4 25G-9 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation in the amount of $7,000 (Seven Thousand dollars) per month. The total compensation shall not exceed Eighty - Four thousand dollars ($84,000) in any one -year term. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. Section Removed 3.3.5 Prevailing Wages. Section Removed 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses inured under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City or Consultant may terminate the whole or any part of this Agreement at any time and without cause by giving written notice to the other party of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services and authorized reimbursable expenses which have been adequately rendered to or on behalf of City, and Consultant shall be entitled to no further compensation. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 6 99999.91060\2925571.4 25G-10 3.5.1.3 Additional Services. In the event this Agreement is tenninated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: City: Holland and Knight LLP Washington, DC City of Santa Ana Attn: City Manager Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentialitv. 3.5.3.1 Documents & Data; Licensing of Intellectual Propert y. This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any 7 99999.91060\2925571.4 25G-1 1 purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Each Party shall defend, indemnify and hold the other Party and their officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any alleged acts, omissions or willful misconduct of the indemnifying Party or their officials, officers, employees, agents, consultants and contractors arising out of or in connection with their activities, services or responsibilities under this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The obligation to indemnify hereunder shall not be restricted to insurance proceeds, if any, received by the either Party or their directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5. 10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the 8 99999.91060\2925571.4 25G-12 prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to 9 99999.91060\2925571.4 25G-13 initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision malting them subject to all provisions stipulated in this Agreement. [Signatures on Next Page] 10 99999.91060\2925571.4 25G-14 CITY OF SANTA ANA HOLLAND AND KNIGHT LLP By: City Manager Attest: City Clerk Approved as to Form: City Attorney L 11 99999.91060\2925571.4 25G-1 5 25G -16 99999.91060A2925571.4 EXHIBIT "All SCOPE OF SERVICES C -1 25G -17 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR FEDERAL GOVERNMENT LIAISON SERVICES SCOPE OF SERVICES DESCRIPTION The City of Santa Ana is seeking Requests for Proposals from a professional consulting firm to provide federal government liaison services. The consultant works under the policy direction of the Mayor and City Council and is administratively responsible to the City Manager. The principle responsibility of the consultant will be to secure federal funding and achieve determined legislative and regulatory outcomes on behalf of the City as outlined in the Scope of Services below. II. SCOPE OF SERVICES A. Consultant will act as a Washington Representative to the City in Washington, D. C. B. The Consultant will confer with the City Manager and such other City personnel as he may designate at the times and places mutually agreed to by the City and the Consultant on all organizational planning and program activity which has a bearing on the ability of the City to utilize federal programs. C. Consultant shall serve as lead advocate on City issues if the City contracts for the services of other Washington representatives. Consultant shall coordinate such other services. D. Consultant will review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations, and other Washington developments for the purpose of advising the City on those items which may have a bearing on City policy or programs. E. Consultant will secure and furnish such detailed information as may be available on federal issues in which the City indicates an interest. F. At the request of the City Manager, Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies. G. Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance. H. Consultant will counsel with the City regarding appearance by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary. ~� City of Santa Ana RFP 12 -075 - Federal Government Liaison Services i9d -18 Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and otherwise take whatever steps appear to be necessary to obtain the most favorable consideration of such applications. J. In fulfilling responsibilities under this Agreement, the Consultant will act in the name of the City of Santa Ana and with the title Washington Representative to the City Manager. In addition to the Scope of Services listed above, the City seeks assistance in identifying funding opportunities and grant applications and other special programs for which the City may qualify. Below is a detailed listing of existing federally funded programs /grants administered by the City: U.S. Department of Housing and Urban Development Community Development Block Grant Neighborhood Stabilization Program 1 Neighborhood Stabilization Program 3 Emergency Shelter /Solutions Grant ARRA - Homelessness Prevention and Rapid Rehousing Section 8 Housing Choice Vouchers Housing Opportunities for Persons with AIDS Home Investment Partnerships Program ARRA - Neighborhood Stabilization Program 2 U.S. Department of Labor CA Employment Development Department: Workforce Investment Act Cluster: Job Tech Center H -1 B Job Training Grant South Bay Workforce Investment Board: National Emergency Grant U.S. Department of Transportation CA Department of Transportation: Highway Bridge Replacement and Rehabilitation Regional Surface Transportation Arterial Highway Rehabilitation Program SAFETEA -LU CA Department of Parks and Recreation: National Recreation Trails Program CA Department of Transportation: Highway Safety Improvement Program Hazardous Elimination Safety Program CA Office of Traffic Safety: DUI Enforce me nt/Awaren ass 2010 Selective Traffic Enforcement U.S. Department of Justice Federal Equitable Sharing (Asset Forfeiture) CA Emergency Management Agency: OES- Anti -Gang Initiative County of Orange Sheriffs Department: Byrne Justice Assistance Grant County of Orange Sheriffs Department: City of Santa Ana RFP 12 -075 – Federal Government Liaison Services! — – "- Page 10 25G -19 ARRA - Byrne Justice Assistance Grant 2009 ARRA - Community Oriented Policing Services U.S. Department of Homeland Security CA Emergency Management Agency: Urban Area Security Initiative FEMA - Metro Med Response FEMA - Metro Med Response 2009 CA Emergency Management Agency: Interoperable Emergency Communications 2010 FEMA Flood Emergency FEMA - Assist Firefighters 2008 U.S. Department of Commerce CA Emergency Management Agency: Public Safety Interoperable Communications 2007 U.S. Department of Health and Human Services County of Orange Social Services Agency: Vocational Training & Work Experience Program U.S. Institute of Museum and Library Services CA State Library: Library Services & Technology Act FY Laura Bush IMLS Seeds to Trees U.S. Department of Energy ARRA - Energy Conservation U.S. Environmental Protection Agency Water Infrastructure Special Appropriation - West Pump Facility Upgrade City of Santa Ana RFP 12 -075 - Federal Government Liaison Services Pa e 11 296 -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: 2014 CHILDREN'S WATER EDUCATION FESTIVAL & ORANGE COUNTY GIFT OF HISTORY EVENT SPONSORSHIPS CITY MAAAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager to sponsor two children's educational events held in Orange County by Orange County Water District Groundwater Guardian Team and the Children's Education Foundation of Orange County at a level of $5,000 each. DISCUSSION Approval of this recommended action will allow the City to sponsor two children's educational events in Orange County: the Children's Water Education Festival and the Orange County Gift of History. Each $5,000 sponsorship will be used to subsidize transportation costs for Santa Ana Unified School District attendees. Following each event, City staff will evaluate the effectiveness of the City's sponsorship to determine future participation. Children's Water Education Festival 2014 marks the 18th anniversary of the Children's Water Education Festival — the largest event of its kind in the United States. The Festival will take place March 26 -27, 2014, at the University of California, Irvine, and will be presented by the Orange County Water District, Disneyland Resort, the National Water Research Institute, and the OCWD Groundwater Guardian Team. An estimated 7,000 third -, fourth -, and fifth -grade Orange County students and their teachers are expected to attend. They will be learning about protecting and preserving water supplies and the environment. Since its inception, more than 100,000 children have participated in this unique, hands -on educational experience. The Festival is provided at no cost to schools, making public and private financial support crucial to its success and its continued growth. Orange County Gift of History The annual Orange County Gift of History event is the kick -off to a year -long program presented by the Children's Education Foundation of Orange County. The curriculum is designed to teach Orange County's third -grade students that history is alive and all around them. 29A -1 2014 Children's Water Education Festival & Orange County Gift of History Sponsorships December 16, 2013 Page 2 of 2 The program's goal is to inspire and motivate children to take an interest in themselves and their communities by taking an interest in Orange County history. In 2014, the fourth year of this event, the foundation is expecting an estimated 3,500 Santa Ana third -grade students to attend the event at the Angel Stadium. The proposed total sponsorship of $10,000 will provide opportunities for Santa Ana's students to attend two valuable educational events. Without these sponsorships, they will have limited opportunities to attend. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Sponsorship is an approved expense in compliance with Proposition 218 guidelines. Funds are available in the Public Works Agency Water Quality & Measurement account (No. 06017644- 63001). William "Edwin" Galvez, P.E. Interim Executive Director Public Works Agency W EG /NS APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. 2014 Children's Water Education Festival Sponsorship Information 2. Orange County Gift of History Sponsorship Information 29A -2 OMMW f " ^r °'' �Ifrtjr' ON Making History Come Alive for Orange County's Third Graders SPONSORSHIP INFORMATION PACKET t The Children's Education Foundation of OC is a 501(c)3 nonprofit organization and a registered charity with the State of California. Federal ID NumbCG;. 5 State of California: CT017425 29A -3 fYv ,'-..4r ' l I I IS�U L The Gift of History begins on November 7, 2013 at Angel Stadium THE PROGRAM EVERYONE IS TALKING ABOUT! The Gift of History is a year -long program intended to make local history come alive for third graders in Orange County. As part of the program, every third grader is invited to attend an hour -long history lesson at Angel Stadium. This lesson is the kick -off to learning about Orange County's great history. Following the lesson, students are given a history book about Orange County, entitled Nothing Rhymes with Orange, which was written specifically for third graders. "This event is truly a fun, exciting, new, beneficial way to make history come alive!" -3'd Grade Teacher Tustin Unified School District Following the event, teachers and students have access to learning opportunities throughout the year, including online quizzes, essay contests, and mini lessons with activities. 'Students come back with a TON of knowledge about Orange County. And even better, they are excited to read the book Nothing Rhymes with Orange due to the enthusiasm created from this event. " -3'd Grade Teacher, Ocean View School District WHY WE PROMOTE HISTORY When children take an interest in history, they take an interest in themselves and in their communities. By working together as a community, we can instill a sense of pride in Orange County's youth about where they came from, where they are going, and how they can learn from the past to make a better future. This innovative vision calls for students from across Orange County to come together as neighbors and see that they are part of, and contributors to, something larger than themselves, their families, and local neighborhoods. 29A -4 The Gift of History is a year -long program that is intended to teach Orange County's third graders that history is alive and all around them. Below are key educational components for learning opportunities that the Gift of History offers throughout the year. Pre -Event Learning Opportunities • Mini Lessons — Teacher's will have the opportunity to prepare their classes for what students will see and hear at the event. Each lesson provides a biography on one of the speakers, identifies how common core standards are met through the large history lesson and provides mini activities for students to assist in preparing them for the larger history lesson. Road Trip to Learning — This lesson will enable students to use an interactive map to plan their route to the stadium and to identify what historical elements they will see on the way. At the Event • Lesson on Orange County History — Produced by the talented team at Disney, this history lesson takes students through Orange County's history, from its beginnings to what is going on today. Post -Event Learning Opportunities • Nothing Rhymes with Oranae —All students will receive a copy of Nothing Rhymes with Orange, a history book about Orange County written specifically for third grade students. Teachers will receive a teacher's guide, which was produced by the Orange County Department of Education, to help students identify learning objectives. Essay Contest —AII students are invited to participate in an essay contest about Orange County History, which is sponsored by the Orange County Register in Education. This contest is intended to connect the larger event with what they have learned about Orange County history. • Online Quiz —All classrooms are invited to participate in a weekly online quiz, where they can test their knowledge of what they have read in Nothing Rhymes with Orange. • Orange County Scavenger Hunt — In 2013, students will be able to participate with their parents in an Orange County Scavenger hunt. This scavenger hunt is intended to incentivize students and their parents to visit historical places within the county. 29A -5 N > a at &t OCTA ocrepietercom/rie .sl�aNMy NOasswrpv. 51 t£4'n 19ya 'mM.IE$ OL IzIG Brookfield Homes CARE Ambulance C .j EDISON " WEVLOGISTICS INTERNATIONAL ° AdT6RC�9f93'1 Extron Electronics OC Fire Fighters Orange County Sanitation District SA Recycling Rite Loom Anaheim Anaheim Public Utilities Metrolink The Monaco Group Cox Communications Endeavor Group Southern , California TRIPPPI SMITH n ASSOCIATES C18S CerOPdny ,mar vai�trns so. smart kus:nes: A Sempra Energy utility' REPUBLIC SERVICES West Coast Arborists Placentia Women's Roundtable Municipal Water District of Orange County U Segerstrom and Sons Ingram Micro 103k I Golden State . , Wetet C:=4 0 29A -6 • Event speaker and /or event presence (e.g., corporate vehicle, corporate mascot, etc.) • Cover page recognition in the history book • Inserts into tote bags (e.g., company fliers, pens with corporation logo, etc.) • Corporate logo on event bookmark • Name recognition at Gift of History assembly • Cover page recognition in the history book • Inserts into tote bags (e.g., company fliers, pens with corporation logo, etc.) • Corporate logo on event bookmark • Name recognition at Gift of History assembly Inserts into tote bags (e.g., company fliers, pens with corporation logo, etc.) • Corporate name on event bookmark • Name recognition at Gift of History assembly • Logo recognition on Gift of History learning opportunities (online quizzes, scavenger hunts, etc.) • Corporate name on event bookmark • Name recognition at Gift of History assembly *Any sponsors selecting a sponsorship level that includes inserts into Gift of History tote bags will need to provide the ma- terials to CEFOC no later than October 1. a I \ Th 29A -7 7 .� s_ Published. Dec. 6, 2092 Updated' Dec. 90, 2092 434 p_m. irk, By FERMIN LEAL and JEBB HARRIS 1THE ORANGE COUNTY REGISTER ANAHEIM — More than 10,000 third -grade students from across Orange County converged at Angel Stadium of Anaheim on Thursday morning for the annual Gift of History celebration. The event, sponsored by Angels Baseball, the Disneyland Resort and others, aims to get children excited about learning Orange County history. Olivia Holt, actress on the Disney XD comedy series "Kickin' It," emceed the event. Stan Oftelie, author of "Nothing Rhymes With Orange," read passages from his book, which was also given to each child. wing Lam, co- founder of wahoo's Fish Tacos, and Mickey Mouse also made appearances. "it was fun. I liked how I learned the names of the founders of O.C.; said Josh Louie, a student at Golden Elementary School in Placentia. P'V?jj Jennifer M Prichard -*Top Commenter .A my son was lucky to attend! He loved It! Reply ' 6 2 - Like • December 7, 2012 at 9!34am Mary O' Connor • * Top Commenter - Chapman University What a positive, great community learning experience, Thanks to Wing Lam, Disneyland, and the author for giving the children such a great event! Reply ' Like ' December 7, 2012 at 7:03am Alex Aguirre ~ I was there with my son, kids had a blast. Reply 6 1 - Like - December 7, 2012 at 6:48am 29A -8 Gail Eastman, Chair Mayor Pro Tem, City of Anaheim Phil Anthony Director, Orange County Water District a Marian Bergeson Former California State Senator and Secretary of Education for the State of California Lou Correa California State Senate, 34th District Kristin Crellin SchoolsFirst Federal Credit Union William Habermehl Superintendent Emeritus, Orange County Department of Education Dennis Kuhl Chairman, Angels Baseball Wing Lam Founder, Wahoo's Fish Tacos Chris Lowe The Disneyland Resort Julie Miller- Phipps Kaiser Permanente Richard Porras AT &T Curt Pringle Curt Pringle & Associates Phil Tsunoda Mayor, City of Aliso Viejo 29A -9 �histOrr Average Transportation Costs: School District Students Number of Buses Cost Total Anaheim 2,731 34 $300 $10,241.25 Brea - Olinda 420 5 $300 $1,57500 Buena Park 583 7 $300 $2,186.25 Capistrano 4.030 50 $300 $15.112.50 Centralia 614 8 $300 $2,302.50 Cypress 568 7 $300 $2,130.00 Fountain Valley 665 8 $300 $2,49375 Fullerton 1,473 18 $300 $5,52375 Garden Grove 3,720 47 $300 $13,950.00 Huntington Beach City 747 9 $300 $2,801.25 Irvine 2,213 28 $300 $8,298.75 Laguna Beach 204 3 $300 $765.00 La Habra 586 7 $300 $2,197.50 Los Alamitos 678 8 $300 $2,542.50 Magnolia 924 12 $300 $3.465.00 Newport -Mesa 1.668 21 $300 $6,25500 Ocean View 1,092 14 $300 $4,09500 Orange 2,260 28 $300 $8.475.00 Placentia -Yorba Linda 1,850 23 $300 $6,937.50 Saddleback Valley 2,196 27 $300 $8,235.00 Santa Ana 4,440 56 $300 $16,650.00 Savanna 317 4 $300 $1,188.75 Tustin 1904 24 $300 $7,140.00 Westminster 1,011 13 $300 $3,791.25 R"ty t. fi a IN 2014 marks the 18th year of the Children's Water supplies and their environment. Since its inception, more Education Festival. The Festival, the largest of its kind than 100,000 children from schools throughout Orange in the United States, will take place March 26, and 27, County have been able to experience the Festival and 2014 at the University of California, Irvine. 7,000 third, all it has to offer. fourth, and fifth grade students and their teachers are expected to attend the event, presented by the The Festival is provided at no cost to schools, making Orange County Water District, Disneyland Resort, public and private financial support crucial to the success National Water Research Institute and the Orange of this educational event and its continued growth. By County Water District Groundwater Guardian Team. sponsoring this year's Festival, you help ensure its success in educating our youth. As a sponsor, you will receive The Festival presents a unique opportunity to prominent recognition for your contribution. We have educate students about local water issues and designed many sponsorship levels and opportunities for help them understand how they can protect water the community to participate. "This event is more than an opportunity to educate students about protecting and preserving our environment groundwater and drinking water resources. ft is a chance to plant seeds of knowledge that will help empower our youth to make a difference." Frank Dela Vora, Director of Environmental Affairs Prooram sponsorship is limited to one sponsor only. Disneyland Resort Photos and or logo included in Festival social media (Facebook, Twitter, Instagram) On the event t- shirts for 8,500 LOGO LOGO students, presenters, teachers, LOGO LOGO LOGO LOGO LOGO volunteers and parents In 8,500 copies /the Festival program /map LOGO LOGO PREMIUM LOGO tJ,r M!� ,� HA= AE f�tAME - LOGO In Festival materials sent to county-wide LOGO elementary schools Promotional item provided by your organization in 8,500 official Festival gift bags (pens, note pads, samples, coupons, etc.) On Festival website with a link to your organization's website On more than 70 Festival exhibit signs On volunteer signage Appreciation plaque presented to your organization 29A -12 LOGO iJAME NAME Additional sponsorship opportunities are availa including transportation for schools in your service area and the VIP Tour and Luncheon. Please contact Gina Pineda at (714) 378 -332. or gpineda @ocwd.com for more information l LOGO LOGO LOGO LOGO LOGO LOGO 29A -12 LOGO iJAME NAME Additional sponsorship opportunities are availa including transportation for schools in your service area and the VIP Tour and Luncheon. Please contact Gina Pineda at (714) 378 -332. or gpineda @ocwd.com for more information � |tismore important than ever toteach our children that they � can be responsible by making "blue" and "green" choices to help protect our precious water resources and environment. Your investment in today's youth isan investment in our future! Sponsoring the Festival provides organizations with unique opportunities to meet their strategic goals: � � 6 Enxinonrnenta|/Creen|nbiative , p 6 Corporate Philanthropy 4-W � " » 6 Community involvement & Corporate Responsibility 6 Increased Positive Brand Recognition/Exposure ~ u 1" kavkk ru sapporEM9 arcs ,E Eke. evkvGraKvti Ea EasE ear's srovksars for oar ca m vv 4 m evkt to e aacaE vkq isnemland =R1EFyS'CTORS: AiNIEC; Anchor Printing Aquilogic, Inc.; Avista TeOihoTogies, Inc.; Baja Fresh; uollo; City of Anaheim Public Utilities Department; City of Garden Grove; City of Huntington Beach; City of Newport each; Clean Harbors; County of Orange Project Pollution Prevention /OC Stormwater Program; DDB Engineering, Inc.; Toro Water District; Green Earth Magic Show (GEMS, Inc.); Hargis & Associates, Inc.; HBE West, Inc.; HDR; Irvine Ranch 3ter District; James Event Productions; Jet Propulsion Laboratory; Laguna Beach County Water District; Lhoist North nerica; McCarthy Building Companies, Inc; Mesa Water District; Municipal Water District of Orange County; National �ographic; Olin Corporation, Olin Chlor Alkali Division; Orange County Coastkeeper; Orange County Conservation Corps; ange County Sanitation District; Parsons; Rainbow Environmental Services; Raymond James; Ricoh Electronics, Inc.; Rutan & Tucker, LLP; Santa Ana River Basin Section; Santa Ana Watershed Association; Santa Ana Watershed Project W-Authority,- Save Our Water; Sparkletts; Stantec; Tetra Tech; The Allergan Foundation; The Metropolitan Water District f Southern California; Townsend Public Affairs, Inc.; University of California, Irvine; Wal -Mart Stores, Inc. /Sam's Club; Wells Fargo; WestAir Gases & Equipment; Wyland Foundation Please complete your Sponsorship Commitment Form no later than Friday, February 7, 2014 to guarantee inclusion in sponsorship benefits. nonprofit tax identification number is #330481107. Please send high resolution vector files of your logo in color and black and white to gpineda a ocwd.com. Payments may be made via credit card or by check. Please "NWRI /OCWD Children's Water Ed Festival" and mail to: Orange County Water District Public Affairs Department Gina Pineda PO Box 8300 Fountain Valley, CA 92728 -8300 Phone: (714) 378 -3323 Fax: (714) 963 -0291 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: 16, 2013 TITLE: TENTATIVE TRACT MAP NO. 2013 -06 AND STREET NAMING NO, 2013 -01 TO ALLOW A 17 SINGLE FAMILY RESIDENTIAL LOT SUBDIVISION AT 1030 SOUTH EUCLID STREET — CITY VENTURES, INC., APPLICANT CITY MA GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For— CONTINUED TO FILE NUMBER Receive and file the staff report approving Tentative Tract Map No. 2013 -06 (County Map No. 17627) as conditioned and affirm the decision of the Planning Commission approving Street Naming No. 2013 -01. PLANNING COMMISSION ACTION On November 25, 2013, the Planning Commission adopted a resolution approving Tentative Tract Map No. 2013 -06 (County Map No. 17627) as conditioned and approved Street Naming No. 2013 -01 by a vote of 5:0 (Gartner and Crespo absent) to allow the development of 17- single family residences at 1030 South Euclid Street located in the Single Family Residential (R1) zoning district. The Planning Commission added a condition to create a `green screen' by use of landscaping to help screen the proposed 2 -story homes in the rear yards (Exhibit A). DISCUSSION In consideration of the development proposed and public testimony, the Planning Commission discussed the potential visual impact on the existing surrounding neighborhood with the introduction of two -story homes. As a result, the Planning Commission added a condition to provide appropriate landscaping to help screen the rear yards. As such, a condition was added requiring a landscape plan to be submitted prior to entering Building Division permit plan check. FISCAL IMPACT There is no fiscal impact associated with this action. M. Trevino Executive Director Planning & Building Agency SK:rb sk \reports \TTM 2013 -06.cc Exhibit A: Planning Commission Staff Rep 92A-1 32A -2 REQUEST FOR elaTff NOVEMBER 25, 2013 TITLE: PUBLIC HEARING — FILED BY KIM PRIJATEL, CITY VENTURES, INC. FOR TENTATIVE TRACT MAP NO. 2013-06 AND STREET NAMING NO. 2013-01 TO ALLOW A 17 SINGLE FAMILY RESIDENTIAL LOT SUBDIVISION AT 1030 SOUTH EUCLID STREET • a APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO 11 �.Sir1 1. Adopt a resolution approving Tentative Tract Map No. 2013 -06 (County Map No. 17627) as conditioned. 2. Adopt a resolution approving Street Naming No. 2013 -01. DISCUSSION Request of the Applicant Kim Prijatel of City Ventures, Inc. is requesting approval of a subdivision map to facilitate the development of 17 single family residences located at 1030 South Euclid Street. Tentative Tract Map No. 2013 -06 (County Map No. 17627) is a subdivision of property to create 17 single family lots and public streets, thus allowing the sale of residential properties. In addition to the requested subdivision, street naming is necessary for the extension of Maxine Street and the creation of the cul -de -sac, Crystal Lane. Property Description The project site is located between McFadden Avenue and Edinger Avenue along the west side of South Euclid Street with approximately 306 feet of street frontage and extending west to Maxine Street. The site is a generally standard shape, flat parcel with an area of approximately 3.3 acres or 143,748 square feet. The site is comprised of currently vacant properties, but was previously developed with residences and various accessory structures. The site is located within the Single Family Residence (R -1) zone and has a General Plan Land Use designation of Low Density Residential (LR) that allows single family residential development. The project site is surrounded by residential uses to the north, south, east and west (Exhibits 1, 2 and 3). EXHIBIT A 32A -3 Tentative Tract Map No. 2013 -06 Street Naming No, 2013 -01 November 25, 2013 Page 2 Project Description City Ventures is proposing to construct 17 two -story single family residential homes. The proposed subdivision will create lots providing a minimum of 50 feet of street frontage and 6,000 square foot lots. The project has been designed in compliance with the R-1 development requirements and Citywide Design Guidelines, as well as parking requirements for single family land uses. Each unit will have five bedrooms, three full bathrooms and an attached three -car garage. Access will be provided by connecting and extending the existing public streets, Crystal Lane and Maxine Street. The unit sizes will vary from 3,105 to 3,416 square feet. Each unit will have its own private rear yard. The architecture is described as French Country and Andalusian and provides a variety of exterior finishes including composition or barrel roofing tile, stucco, horizontal siding, brick, stone, wrought iron grills, wood shutters and decorative tile (Exhibits 4 through 7). In addition, the applicant has informed staff that the project will be designed to provide solar panels on each of the homes in the project. The use of solar panels assists in providing a sustainable and environmentally sensitive feature within the project. A condition has been added to address the solar panels. Euclid Project Summary Plan Type Units Proposed Percent of Project Square Footage Plan 1 - 5 bedrooms + bonus room 10 59% 3,105 s.f. Plan 2 - 5 bedrooms + bonus room and stud 7 41% 3,416 s.f. Total 17 100% n/a A tract map is proposed, since the properties will be offered for sale. In addition to the subdivision of the property to create developable sites, two streets will be extended to accommodate the development (Exhibit 8). The approval of the naming of the streets is also necessary as part of the development project. Proiect Background The subject property, as well as the surrounding area, had historically been agricultural. The surrounding neighborhoods were subdivided and developed beginning in 1960 until 1978. The proposed project encompasses approximately 3.3 acres of land. The properties contain several structures that will be demolished. The property is zoned R1, Single Family Residence, allowing the development proposed and therefore not subject to the Housing Opportunity Ordinance. 32A -4 Tentative Tract Map No. 2013 -06 Street Naming No. 2013 -01 November 25, 2013 Page 3 General Plan and Zoning Analysis The General Plan land use designation for the site is Low Density residential (LR), which allows for single family development sites such as this residential development. Low Density residential areas are primarily single family residential areas with lots measuring a minimum of 6,000 square feet and 50 feet of street frontage with a maximum density of seven dwelling units per acre. Street connectivity is desirable within the neighborhood, allowing for a high degree of walkability and other forms of transportation including pedestrian and bicycle travel. The project site is consistent with this General Plan land use designation. The site is surrounded by residential uses to the north, south, west and east. Zoning for the site is Single Family Residence (R -1). This zone allows for primarily single family residences and accessory garages. Appropriate single family structures are allowed by right maintaining compatibility with neighboring properties. The landscape is appropriate to a neighborhood, with shading street trees in parkway strips, and full -depth landscaped front yards separating buildings from sidewalks. Parking is in attached garages with driveways accommodating additional open parking spaces. The R -1 zone identifies development standards including height, building setbacks and parking. The following identifies the proposed project's compliance with these standards: R -1 Requirements Project Proposal Land Use: —....Single Family Single Family Height; 27 feet 24 -27 feet .Building Setbacks: Front _ 20 feet 20 -23 feet Side 5 feet 5 -14 feet Street Side 10 feet 10 feet Rear 20 feet 20 -45 feet Garage Parking: 2 -car garagelunit 3 -car ara a /unit Additional Parkin : 2.0 space/unit 2.0 space/unit Lot Coverage: 35% of Lot Maximum 30 -34% of Lot Based on the analysis, the project as proposed would be consistent with the R -1 zoning requirements, 32A -5 Tentative Tract Map No. 2013 -06 Street Naming No. 2013 -01 November 25, 2013 Page 4 Subdivision Map Analysis A tract map is proposed to create 17 single family lots as well as accommodate the public streets and sidewalks. Santa Ana Municipal Code Chapter 34 regulates subdivision of land consistent with the State of California's Subdivision Map Act. A subdivision map request may be granted when it can be shown that the following can be established: • That the proposed project is consistent with the General Plan and are otherwise consistent with all other Elements of the General Plan. • That the proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable city ordinances. • That the project site is physically suitable for the type and density of the proposed project. • That the design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. • That the design or improvements of the proposed project will not cause serious public health problems. • That the design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. If these findings can be made, then it is appropriate to grant the subdivision action. 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 tentative tract map request, staff believes that the following findings of fact warrant approval of the tentative tract map. The project will be consistent with the purpose of the General Plan Land Use and Housing Element, as it will further the goals and policies of the plan and not obstruct their attainment. The project will assist towards addressing several of the Housing Element's objectives including development of property with quality sustainable housing. Additionally, the project will further the Land Use Element's Goal 1, Promote a balance of land uses to address basic community needs; Policy 1.4, Support development of single - family residential lots on a minimum area of at least 6,000 square feet; Policy 1.9, Coordinate street and parkway designs that are attractive, functional and compatible with adjacent on -site development; Goal 2, Promote land uses which enhance the City's economic and fiscal viability; Policy 2.4, Support pedestrian access between commercial uses and residential neighborhoods which are in close proximity; Goal 3, Preserve 32A -6 Tentative Tract Map No. 2013 -06 Street Naming No. 2013 -01 November 25, 2013 Page 5 and improve the character and integrity of existing neighborhood; Policy 3.1, Support development which provides a positive contribution to neighborhood character and identity; Policy 3,5, and Policy 5.5, Encourage development which is compatible with, and supportive of surrounding land uses. The project will also further the Housing Element, Goal 2, Provide a diversity of quality housing, affordable levels and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels and age groups to foster an inclusive community; Policy 2.4, Diversity of Housing Types. Facilitate and encourage a diversity and range in types, prices and sizes of housing, including single - family homes, apartments, town homes, mixed /multiuse housing, transit - oriented developments and live /work housing; Policy 2.5, Housing Design. Require excellence in the design of housing through the use of materials and colors, building treatments, landscaping, open space, parking and environmentally sensitive building and design practices. The project also furthers the Circulation Element, Goal 2, Provide design and construction that facilitates safe utilization of the City's transportation systems; Policy 2.1, Limit the number of driveways on arterial streets to reduce vehicular conflict and facilitate traffic flow; Goal 6, Protect local streets from through traffic to preserve neighborhood character; Policy 6.1, Implement street design features that discourage through traffic on residential streets. Further, the project provides infill housing, increases the housing stock, and preserves the character and integrity of the surrounding residential neighborhoods. The project is not located within any specific plan area of the city. The proposed project meets the letter and intent of the State of California Subdivision Map Act and conforms to Chapters 34 and 41 of the Santa Ana Municipal Code, which pertain to the subdivision, development standards for the site. Additionally, the project will conform to other applicable codes and city ordinances as identified during the Site Plan Review process (DP No. 2013 -09). The proposed site consists of approximately 17 single family residences within a 3.3. acre site on property zoned Single Family Residence (R -1). Each of the proposed lots will contain 50 feet of street frontage and a minimum of 6,000 square feet of lot area, meeting or exceeding the minimum required. Additionally, the density of the project is within the maximum allowed by the Low Density Residential (LR -7) General Plan designation. Since the topography of the site is flat and its geometry is rectangular, the site has been determined to be physically suitable for a residential development at the proposed density since there are no physical constraints on the site to preclude development. The project site is located in an urbanized area and was previously developed with single - family dwellings and accessory structures. The proposed project is within the anticipated land use, as well as, density outlined in the General Plan designation of Low Density Residential (LR -7). The project can be characterized as an infill development adequately served by all required utilities and public services. There are no known fish or wildlife populations existing on the site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 32A -7 Tentative Tract Map No. 2013 -06 Street Naming No, 2013 -01 November 25, 2013 Page 6 The design or improvements of the proposed development will not cause serious public health problems. The proposed project will comply with all applicable Title 24, California Building Code, and all other applicable regulations intended to safeguard the public. As a residential use, there will be no hazardous material, noxious fumes or vibrations generated by the use. Approval of the tentative tract map for this project will not create conflicts with any easements necessary for the public access through the subject property, as there are none identified on the most current title report. The subdivision proposed is consistent with the City's General Plan and zoning requirements as well as other provisions of the State Subdivision Map Act. Conditions of approval are proposed to ensure orderly development and operation of the site. Street Naming Pursuant to Sections 33 -5 through 33 -8 of the Santa Ana Municipal Code (SAMC), the Planning Commission is the decision making body for the naming of public streets, subject to confirmation by the City Council. Further, the policy guidelines in the SAMC pertaining to the naming of public streets state that any street which is a continuation of, or approximately the continuation of, any existing street should be given the same name as the already existing street. The proposed public streets will both facilitate the proposed project as well as continue the existing public right -of -way pattern. Maxine Street currently ends at the western side of the project site. One of the new streets will connect the two ends of Maxine Street. The second street will create a new cul -de -sac off of the newly connected Maxine Street. This street is recommended to be named Crystal Lane as it is a continuation of the street pattern to the west. The new street name designations will not affect any existing properties outside of the project site. Finally, this request has been reviewed by both the Orange County Fire Authority and Santa Ana Police Department. Neither of these agencies have a concern with the proposed naming as it will not have any adverse effect on their ability to provide emergency response services. Approval of the new street name will benefit the community by continuing the street naming and pattern assisting in reducing confusion to the public. As a result, staff recommends approval of Street Naming No. 2013 -01. Public Notification The project site is located within the boundaries of the West Grove Valley and Riverview West Neighborhood Associations. Community outreach efforts were undertaken to obtain input from residents in the area and presentations were made to the neighborhood associations. In addition to the above outreach efforts, the presidents of the West Grove Valley and Riverview West 32A -8 Tentative Tract Map No. 2013 -06 Street Naming No. 2013 -01 November 25, 2013 Page 7 neighborhood associations were also notified by mail 10 days prior to this public hearing. Further, the site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and occupants within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from the neighborhood presidents or any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from further review per Section 15332. This class 32 exemption allows infill development provided they are consistent with the zoning and General Plan, do not have any noise or traffic impacts, and can be served by existing utilities. Class 32 consists of projects characterized as in -fill development meeting the conditions described in this section, a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. c) The project site has no value as habitat for endangered, rare or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. e) The site can be adequately served by all required utilities and public services. The following findings support the determination of the class 32 exemption pursuant to the CEQA guidelines. a) The project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with applicable zoning designation and regulations. The General Plan designation for the subject property is Low Density Residential (IR -7) which allow for lower density residential land uses, such as the proposed single family residences, on minimum 6,000 square foot lots. The allowable maximum development intensity is seven units per acre. The proposed project is below six units per acre, well within the maximum of the General Plan. Development in the Low Density designation is characterized primarily by projects similar to the proposed single - family development. 32A -9 Tentative Tract Map No. 2013 -06 Street Naming No. 2013 -01 November 25, 2013 Page 8 In addition, the project furthers the following General Plan policies: Land Use Element's Policy 1.4, Support development of single - family residential lots on a minimum area of at least 6,000 square feet; Policy 1.9, Coordinate street and parkway designs that are attractive, functional and compatible with adjacent on -site development; Policy 2.4, Support pedestrian access between commercial uses and residential neighborhoods which are in close proximity; Policy 3.1, Support development which provides a positive contribution to neighborhood character and identity; and Policy 5.5, Encourage development which is compatible with, and supportive of surrounding land uses. The project will assist towards addressing several of the Housing Element's objectives: Goal 2, Provide a diversity of quality housing, affordable levels and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels and age groups to foster an inclusive community; Policy 2.4, Diversity of Housing Types. Facilitate and encourage a diversity and range in types, prices and sizes of housing, including single - family homes, apartments, town homes, mixed /multiuse housing, transit - oriented developments and live /work housing; Policy 2.5, Housing Design. Require excellence in the design of housing through the use of materials and colors, building treatments, landscaping, open space, parking and environmentally sensitive building and design practices. The project also furthers the Circulation Element, Policy 2.1, Limit the number of driveways on arterial streets to reduce vehicular conflict and facilitate traffic flow; Policy 6.1, Implement street design features that discourage through traffic on residential streets. The zoning designation is Single Family Residence (R1), a corresponding zoning for those areas designated as Low Density Residential (LR -7). The project has been designed consistent with the R1 development requirements. Further, the project provides infill housing, increases the housing stock, and preserves the character and integrity of the surrounding residential neighborhoods. b) The proposed project is located within the incorporated boundaries of the City of Santa Ana, is 3.3 acre in size and properties within the immediate area include single - family residential, multi - family residential, commercial and churches. c) The project is not identified as habitat for endangered, rare or threatened species. There are no known fish or wildlife populations existing on the site. The site is currently unused and vacant. d) Approval of the project would not result in any significant affects relating to traffic, noise, air quality or water quality. Environmental Impact Report No. 1997 -01 (EIR 1997 -01) was certified and indicated that land use designations, including the Low Density Residential (LR -7), provides sufficient infrastructure for the anticipated development. Projects such as single 32A -10 Tentative Tract Map No. 2013 -06 Street Naming No. 2013 -01 November 25, 2013 Page 9 family residences developed on minimum 6,000 square foot lots are consistent with the LR -7 designation and the analysis of EIR 1997 -01. The project will be required to comply with the City's noise ordinance for any construction activities, as well as with all water quality management practices during and after construction. e) The site can be adequately served by all required utilities and public services. The developer will be required to construct all required utilities, pay all utility connection fees, provide new paving and sidewalks on Euclid Street, Maxine Street and Crystal Lane, construct the pedestrian access way to Euclid, and pay all applicable school fees. Categorical Exemption Environmental Review No, 2013 -31 will be filed for this project, Conclusion Based on the analysis and findings provided within this report, staff recommends that the Planning Commission adopt a resolution approving Tentative Tract Map No. 2013 -06 as conditioned and Street Naming No. 2013 -01 (Exhibits 9 and 10). 7/y L t S is Klotz, AICP Principal Planner SK:jm sk\reports\Itm2013- 06.112513, pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plans and Elevations Exhibit 6 — Landscape Plan Exhibit 7 — Walls and Fence Plan Exhibit 8 -- Tentative Tract Map No. 17627 Exhibit 9 — Findings of Fact Exhibit 10 — Conditions for Approval 32A -11 _ City F of Y 1 i cloy I Garden Y i of I t W es t.1 n tel Grove awne ICPLSA AM FIRST uL_ I -i I !I 11 _oww- Y ) 65 C21i $ei� !I ii __ a -. 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The proposed project, as conditioned, and its design and improvements are consistent with the Low Density Residential (LR -7) designation on the General Plan and are otherwise consistent with all other Elements of the General Plan. The project will be consistent with the purpose of the general plan Circulation, Land Use and Housing Elements, as it will further the goals and policies of the plan and not obstruct their attainment. Additionally, the project will further the Land Use Element's Goal 1, Promote a balance of land uses to address basic community needs; Policy 1.4, Support development of single - family residential lots on a minimum area of at least 6,000 square feet; Policy 1.9, Coordinate street and parkway designs that are attractive, functional and compatible with adjacent on -site development; Goal 2, Promote land uses which enhance the City's economic and fiscal viability; Policy 2.4, Support pedestrian access between commercial uses and residential neighborhoods which are in close proximity; Goal 3, Preserve and improve the character and integrity of existing neighborhood; Policy 3.1, Support development which provides a positive contribution to neighborhood character and identity; Policy 3.5, Encourage new development and /or additions to existing development that is compatible in scale, and consistent with the architectural style and character of the neighborhood; and Policy 5.5, Encourage development which is compatible with, and supportive of surrounding land uses. The project will assist towards addressing several of the Housing Element's objectives: Goal 2, Provide a diversity of quality housing, affordable levels and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels and age groups to foster an inclusive community; Policy 2.4, Diversity of Housing Types. Facilitate and encourage a diversity and range in types, prices and sizes of housing, including single - family homes, apartments, town homes, mixed /multiuse housing, transit - oriented developments and live /work housing; Policy 2.5, Housing Design. Require excellence in the design of housing through the use of materials and colors, building treatments, landscaping, open space, parking and environmentally sensitive building and design practices. The project also furthers the Circulation Element, Goal 2, Provide design and construction that facilitates safe utilization of the City's transportation systems; Policy 2.1, Limit the number of driveways on arterial streets to reduce vehicular conflict and facilitate traffic flow; Goal 6, Protect local streets from through traffic to preserve neighborhood character; Policy 61, Implement street design features that discourage through traffic on residential streets. Further, the project provides infill housing, increases the housing stock, and preserves the character and integrity of the surrounding residential neighborhoods. The project is not located within any specific plan area of the city. EXHIBIT 9 32A -40 Tentative Tract Map No. 2013 -06 November 25, 2013 Page 2 of 3 B. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable city ordinances. The proposed project meets the letter and intent of the State of California Subdivision Map Act and conforms to Chapters 34 and 41 of the Santa Ana Municipal Code, which pertain to the subdivision, development standards for the site. Additionally, the project will conform to other applicable codes and city ordinances as identified during the Site Plan Review process (DP No, 2013 -09). C. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately 17 single family residences within a 3.3, acre site on property zoned Single Family Residence (R -1). Each of the proposed lots will contain 50 feet of street frontage and a minimum of 6,000 square feet of lot area, meeting or exceeding the minimum required. Additionally, the density of the project is within the maximum allowed by the Low Density Residential (LR -7) General Plan designation. Since the topography of the site is flat and its geometry is rectangular, the site has been determined to be physically suitable for a residential development at the proposed density since there are no physical constraints on the site to preclude development. D. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidable injure fish or wild life or their habitat. The project site is located in an urbanized area and was previously developed with single - family dwellings, accessory agricultural structures. The proposed project is within the anticipated land use, as well as, density outlined in the General Plan designation of Low Density Residential (LR -7). The project can be characterized as an infill development adequately served by all required utilities and public services. There are no known fish or wildlife populations existing on the site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. E. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed development health problems. The proposed project will comply with all Building Code, and all other applicable regulations intended residential use, there will be no hazardous material, noxious by the use. 32A -41 will not cause serious public applicable Title 24, California to safeguard the public. As a fumes or vibrations generated Tentative Tract Map No. 2013 -06 November 25, 2013 Page 3 of 3 F. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. Approval of the tentative tract map for this project will not create conflicts with any easements necessary for the public access through the subject property, as there are none identified on the most current title report. 32A -42 NOVEMBER 25, 2013 PAGE 1 OF 2 Conditions for Approval Tentative Tract Map No. 2013 -06 (County Map No. 17627) 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 Title 24, California Building 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 tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tract map. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. A. Planning Division All proposed site improvements must conform to the Site Plan Review approval of DP No. 2013 -09. The Tentative Tract Map, Final Map, and all improvements required of the subdivider shall be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. The final tract map shall be recorded within one year of the date of approval of the tentative map by the City Council, 4. The final tract map shall be approved and recorded prior to issuance of building permits. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. All easements shall be recorded prior to or concurrent with the final map. 6. Due to the technical expertise required to successfully execute a smooth stucco and 20/30 stucco finishes, the following condition shall apply: Prior to application of the building stucco finish, applicant shall prepare a sample wall section showing proposed smooth finish and an additional section showing a 20 -30 stucco finish. Final selection of the finish shall be reviewed and approved by staff. Prior to installation of windows, applicant shall prepare a sample window showing proposed window detail. Window Installation shall be reviewed and approved by staff. EXHIBIT 10 32A -43 NOVEMBER 25, 2013 PAGE 2 OF 2 8. Provide details of the mailbox or "gang box" to be installed. Such box shall be enclosed in a decorative pedestal to match architecturally with the proposed buildings. 9. Paving at each driveway shall match the proposed walkway paving finish. 10. All utility meters and boxes shall be placed in vaults below grade. Any above grade meter and /or box shall be reviewed by the Planning Division Manager to ensure all options have been reviewed. 11. Solar panels shall be provided for each of the 17 homes. The final design and application of the panels shall be subject to the review and approval by staff. 32A -44 ROH — 11/25/13 RESOLUTION NO. 2013 -29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2013 -06 AS CONDITIONED AND APPROVING STREET NAMING NO. 2013 -01 TO ALLOW A SUBDIVISION FOR SEVENTEEN SINGLE FAMILY RESIDENTIAL LOTS AT 1030 SOUTH EUCLID 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. The Applicant is requesting approval of a subdivision map to facilitate the development of seventeen single family residences located at 1030 South Euclid Street. Tentative Tract Map No. 2013 -06 (County Map No. 17627) is a subdivision of property to create seventeen single family lots and public streets, thus allowing the sale of residential properties. In addition to the requested subdivision, Street Naming No. 2013 -01 is necessary for the extension of Maxine Street and the creation of the cul -de -sac, Crystal Lane. B. Tentative Tract Map No. 2013 -06 (County Map No. 17627) and Street Naming No. 2013 -01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 25, 2013. C. For Tentative Tract Map No. 2013 -06, the Planning Commission of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the District Center designation on the General Plan and are otherwise consistent with all other elements of the General Plan. The project will be consistent with the purpose of the general plan Circulation, Land Use and Housing Elements, as it will further the goals and policies of the plan and not obstruct their attainment. Additionally, the project will further the Land Use Element's Goal 1, Promote a balance of land uses to address basic community needs; Policy 1.4, Support development of single - family residential lots on a minimum area of at least 6,000 square feet; Policy 1.9, Coordinate Resolution No. 2013 -29 Page 1 of 8 32A -45 street and parkway designs that are attractive, functional and compatible with adjacent on -site development; Goal 2, Promote land uses which enhance the City's economic and fiscal viability; Policy 2.4, Support pedestrian access between commercial uses and residential neighborhoods which are in close proximity; Goal 3, Preserve and improve the character and integrity of existing neighborhood; Policy 3.1, Support development which provides a positive contribution to neighborhood character and identity; Policy 3.5, Encourage new development and /or additions to existing development that is compatible in scale, and consistent with the architectural style and character of the neighborhood; and Policy 5.5, Encourage development which is compatible with, and supportive of surrounding land uses. The project will assist towards addressing several of the Housing Element's objectives: Goal 2, Provide a diversity of quality housing, affordable levels and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels and age groups to foster an inclusive community; Policy 2.4, Diversity of Housing Types. Facilitate and encourage a diversity and range in types, prices and sizes of housing, including single - family homes, apartments, town homes, mixed /multiuse housing, transit - oriented developments and live /work housing; Policy 2.5, Housing Design. Require excellence in the design of housing through the use of materials and colors, building treatments, landscaping, open space, parking and environmentally sensitive building and design practices. The project also furthers the Circulation Element, Goal 2, Provide design and construction that facilitates safe utilization of the City's transportation systems; Policy 2.1, Limit the number of driveways on arterial streets to reduce vehicular conflict and facilitate traffic flow; Goal 6, Protect local streets from through traffic to preserve neighborhood character; Policy 6.1, Implement street design features that discourage through traffic on residential streets. Further, the project provides infill housing, increases the housing stock, and preserves the character and integrity of the surrounding residential neighborhoods. The project is not located within any specific plan area of the city. Resolution No, 2013 -29 Page 2 of 8 32A -46 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project meets the letter and intent of the State of California Subdivision Map Act and conforms to Chapters 34 and 41 of the Santa Ana Municipal Code, which pertain to the subdivision, development standards for the site. Additionally, the project will conform to other applicable codes and city ordinances as identified during the Site Plan Review process (DP No. 2013 -09). 3. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately 17 single family residences within a 3.3 acre site on property zoned Single Family Residence (R -1). Each of the proposed lots will contain 50 feet of street frontage and a minimum of 6,000 square feet of lot area, meeting or exceeding the minimum required. Additionally, the density of the project is within the maximum allowed by the Low Density Residential (LR -7) General Plan designation. Since the topography of the site is flat and its geometry is rectangular, the site has been determined to be physically suitable for a residential development at the proposed density since there are no physical constraints on the site to preclude development. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site is located in an urbanized area and was previously developed with single - family dwellings, accessory agricultural structures. The proposed project is within the anticipated land use, as well as, density outlined in the General Plan designation of Low Density Residential (LR -7). The project can be characterized as an infill development adequately served by all required utilities and public services. There are no known fish or wildlife populations existing on the site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Resolution No. 2013 -29 Page 3 of S 32A -47 W 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed development will not cause serious public health problems. The proposed project will comply with all applicable Title 24, California Building Code, and all other applicable regulations intended to safeguard the public. As a residential use, there will be no hazardous material, noxious fumes or vibrations generated by the use. 6. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. Approval of the tentative tract map for this project will not create conflicts with any easements necessary for the public access through the subject property, as there are none identified on the most current title report. Applicant has requested approval of Street Naming No. 2013 -01. 1. The policy guidelines in the Santa Ana Municipal Code pertaining to the naming of public streets state that any street which is a continuation of, or approximately the continuation of, any existing street should be given the same name as the already existing street. 2. The proposed public streets will both facilitate the proposed project as well as continue the existing public right -of -way pattern. Maxine Street currently ends at the western side of the project site. One of the new streets will connect the two ends of Maxine Street. The second street will create a new cul -de -sac off of the newly connected Maxine Street. This street will be named Crystal Lane as it is a continuation of the street pattern to the west. The new street name designations will not affect any existing properties outside of the project site. Finally, this name has been reviewed by both the Orange County Fire Authority and Santa Ana Police Department. Neither of these agencies have a concern with the naming as it will not have any adverse effect on their ability to provide emergency response services. 3. Approval of the new street name will benefit the community by continuing the street naming and pattern assisting in reducing confusion to the public. 32A -48 Resolution No. 2013 -29 Page 4 of 8 Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15332. This class 32 exemption allows infill development provided they are consistent with the zoning and General Plan, do not have any noise or traffic impacts, and can be served by existing utilities. Categorical Exemption Environmental Review No. 2013 -31 will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Tentative Tract Map No. 2013 -06 as conditioned in Exhibit "A" attached hereto and incorporated herein for the residential development located at 1030 South Euclid Street. B. Street Naming No. 2013 -01. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated November 25, 2013, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 25th day of November, 2013 by the following vote: AYES: Commissioners: Alderete, Bacerra, Mill, Nalle, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Crespo, Gartner (2) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman Resolution No. 2013 -29 Page 5 of 8 32A -49 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan 0. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -29 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 25, 2013 . Date: Clerk of the Planning Commission City of Santa Ana 32A -50 Resolution No. 2013 -29 Page 6 of 8 Conditions for Approval for Tentative Tract Map No. 2013 -06 Tentative Tract Map No. 2013 -06 (County Map No. 17627) 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 Title 24, California Building 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 tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tract map. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2013 -09. 2. The Tentative Tract Map, Final Map, and all improvements required of the subdivider shall be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 3. The final tract map shall be recorded within one year of the date of approval of the tentative map by the City Council. 4. The final tract map shall be approved and recorded prior to issuance of building permits. 5. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. All easements shall be recorded prior to or concurrent with the final map. 6. Due to the technical expertise required to successfully execute a smooth stucco and 20/30 stucco finishes, the following condition shall apply: Prior to application of the building stucco finish, applicant shall prepare a sample wall section showing proposed smooth finish and an additional section showing a 20 -30 stucco finish. Final selection of the finish shall be reviewed and approved by staff. 7. Prior to installation of windows, applicant shall prepare a sample window showing proposed window detail. Window Installation shall be reviewed and approved by staff. Resolution No. 2013 -29 Page 7 of 8 32A -51 NOVEMBER 25, 2013 PAGE 2OF2 8. Provide details of the mailbox or "gang box" to be installed. Such box shall be enclosed in a decorative pedestal to match architecturally with the proposed buildings. 9. Paving at each driveway shall match the proposed walkway paving finish. 10. All utility meters and boxes shall be placed in vaults below grade. Any above grade meter and /or box shall be reviewed by the Planning Division Manager to ensure all options have been reviewed. 11. Solar panels shall be provided for each of the 17 homes. The final design and application of the panels shall be subject to the review and approval by staff. 12. Prior to submittal into Building Division plan check submit for review and approval a landscape plan providing a landscape screen in the rear yard of each lot. (Added by Planning Commission on 11- 25 -13) Resolution No. 2013 -29 Page 8 of 8 32A -52 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: RESOLUTION AFFIRMING ADOPTION OF THE MEASURE M2 YEAR -END EXPENDITURE REPORT / CITY MAN4MR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: .. .* Ill ❑ 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 approving the Measure M2 Annual Expenditure Report and direct the Executive Director of the Public Works Agency to submit it to the Orange County Transportation Authority as required by Measure M2. DISCUSSION The recommended action will allow the City to continue receiving Measure M2 Comprehensive Transportation Funding Programs (CTFP) Funds. Each year local agencies are required to submit documentation to OCTA which includes a year -end expenditure report along with a resolution which approves the report to the Orange County Transportation Authority (OCTA). The expenditure report is attached to the resolution (Exhibit 1), and it is a detailed financial document submitted by each jurisdiction and is used to track financial activity as it relates to Renewed Measure M2 and other improvement funds. The report accounts for receipt, interest earned, and the use of Measure M2 and other funds. This report helps to validate eligible use of funds and must be submitted within six months of the jurisdiction's fiscal year end. The report will allow the City to continue receiving approximately $4 million in Measure M2 Fairshare funds each year, and adoption of the resolution is a required reporting element. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 55A -1 Resolution Affirming Adoption of the Measure M2 Year -End Expenditure Report December 2, 2013 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Edwin "William" Galvez, P.E. Interim Executive Director Public Works Agency Exhibit: 1. Resolution EWG /ML 55A -2 Iss12/9/13 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE FY 2012/13 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Orange County Local Transportation Authority Ordinance No. 3 requires local jurisdictions to adopt an annual Expenditure Report to account for Net Revenues, developer /traffic impact fees, and funds expended by local jurisdictions which satisfy the Measure M2 Maintenance of Effort requirements. B. The Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project. C. The Expenditure Report must be adopted and submitted to the Orange County Transportation Authority each year within six months of the end of the City's fiscal year to be eligible to receive Net Revenues as part of Measure M2. Section 2: The City Council of the City of Santa Ana hereby finds that the FY 2012/13 Annual Expenditure Report, attached hereto as Exhibit A, is in conformance with the M2 Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year. Section 3: The City Council adopts the Annual Expenditure Report, and directs the Executive Director of the Public Works Agency, or his designee, to submit the Expenditure Report to the Orange County Transportation Authority. 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. My 1 Page 1 of 2 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Laura Sheedy Assistant City Attorney AYES: NOES Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2013. Miguel A. Pulido Mayor CERTIFICATE OF ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013 -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 55A -4 Page 2 of 2 City of Santa Ana Exhibit A Schedule 1 Page 1 of 5 M2 Expenditure Report Fiscal Year Ended June 30, 2013 Beginning and Ending Balances Description Line No. Amount Balances at Beglnnlng, of Fiscal Yea.r. ..... -.1 ...... ,M2 Fairshare „» 1 3,474,719 M2 FaIrshare Interest 2 $ 25,264 ......................................... M2 CTFP 3 ;M2CTFP Interest other M2 Funding 5 -1- Other M2 Interest 6 $ ........................... :Other* 7 . -- -------------------- $ B�!Iances at Beginning of Fiscal Year (Sum Lines 1 to 7) 8 $ 3,334;955 Monies Made Available Durin&�Iscal Year ............. 9_ Total Monies Available (Sum ....... ........ ... _4,190,318 7,525,273 During Fiscal Year 1,318,305 ._,,.Expenditures Balances at End of Fiscal Year !M2 Fairshare 6,664,205 W Fairshare Interest _12 13 $ 50.911 (518,779) DMZ CUP Interest ................... JS ............... ............. ,Other M2 Funding ... --is — 16 ....... $ _ ;Other M2lnterest ... ., ------ ;Other* —17— 18 1 $ * Please provide a specific description CTFP - Combined Transportation Funding Program Revision No. I 55A-5 419/13 City of Santa Ana Schedule 2 M2 Expenditure Report Fiscal Year Ended June 30, 2013 Sources and Uses Description Line Amount No. Revenues: M2 Fairshare _ .,,....._.,.. ........... ...»...-.,,..,. ..,_....,..,,,_..........,_, 1 .$_,.., 3,894,781 M2 Fairshare Interest -., 2 $ 25,647 M2CTFP 3 ... ....... ............ ,,,..,,...,....,. ......:...... M2 CTFP Interest .........:�_. 4 »,...._...,.98,343 10,631 ,Other M2 FundinS ° 5 $ 160,917 -Other M2Interest 6 ..._,. ° .............__,,,_. ;Other* __7..,.,,,_.....,_....,,.,...._ TOTAL REVENUES (Sum lines 1 to 7) 8 $ 4,190,318 Expenditures: IM Fa1 rshare 9 705,295 �M2 Fairshare Interest 10 - •-.,»;.,.,•.........••._„ ............. ..... ...•............_._......» $ ;M2CTFPInterest ,....,. ° ... ..........459x209 ......................... ....... °_.........._.,..._. -other M2 Funding ».., 13 ._..,..... »,.,__...._.,., $ 153,801 Other M2 Interest 14 $ - TOTAL EXPENDITURES (Sum lines 9 to 15) 16 $ 1,318,305 TOTAL BALANCE (Subtract line 16 from 8) 17 $ 2,872,013 * Please provide a specific description Revision No. 1 55A -6 4/9113 M v v V G � W �•' N O O a M � N a W A X � rn LL W a VI m c M h v U c N v d PS A r w v C m N W � C R a w v v N � G V e- Cl 6 Z� a" 01 iMI i011 tlli :ic. :witit N iOi � w oo � i m; i •:o: �: w; m: : n: in :iw: •itil mim m h" ;ri!nt�!�oi �! i� ioNii foi tl�i "m .i FQ- i 'hii ;.nj o6i G1 .n vF'vt'v`v.vtju+! wivrv+ +n.n+n�vFi,ir` vr!un +n i i f i t i r s a G� N m m i moi t�i i ttii ' oi: ;m: a ai ai o: `v jVr� !V} i VY v `m L N 1f1 LT :/1 ilO h. !Ni �irvl: i91; ipj !ni ri Vi � :Mi: -IENi ! hE ;Y� jM1i hi O TL +n ivi'v+'vu 1 vi. 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Q:U: i Y�-I m: W�% . l7 c N v d PS A r w v C m N W � C R a w v v N � G V e- Cl 6 Z� a" City of Santa Ana M2 Expenditure Report Fiscal Year Ended June 30, 2013 Fairshare Project List PROJECT NAME AMOUNT EXPENDED 08 -1732 GRAND AVENUE WIDENING » „_.,......._....» 333,3.. »» ................ .........» 0353. , 09 -1745 OCTA RR GRADE CROSSING ENHCMNT ............ ....... »._.,.,..,....,...,_,,,.., »3..3 .3.3- .. ...................................... _ __70_,642_._6.3 .k• .. ,,. 6,630.80 10 -6719 TRAFFIC SIGNAL EQUIP REPLACMNT ., ._., 718.00 12 -6752 OMNIBUS CONCRETE REPL FY 11/12 .»..,.....,.» ..............NT .....PLANS ......FY .:....11/1... ...,,,.....,._,- _.,,,......,... 77,655.19 ,3335__...,....., MGM 12 -6757 TRAFFIC E2 __ ».. 1_7.....,..,. 12 -6763 BRISTOL S7 BIKE LANE EXTENSION ............ 6,346.00 12 -6766 FIXED GUIDEWAY STEP 3 7,009.99 12 -6774 PROD DEVELPMNT FY10/11 & 11/12 9$,177.15 12 -6775 LYONST fl- PRV:CHESTNUT -FIRST ._..., ._.....,.._.._.. »_..,- ,... °_°.R -°---FAI.R.._..__..-° ... .... ........................... 23,883.10 12.6777 MCFADDEN IMPRV:HARBOR- FAIRVIEW ...,,...-"...._—_.,.-,,..,"•°`__ ....................................:.. ..__3.0_,25 3 -,. 30 925 35 ......................:.. 13 -67.. OMNIBUS CONCRETE FY 12/13 ._°..»._»...°. ...,__ °'-.,. °........'— _.._.... »3333 .:.... 222,522.70 - 0"0'53._ 6783 Right of Way Management _ » _ » .................... 19,84 - ., 3333 ... 13 -6785 Project Development FY 12/13 13 . »... ...........:......... -. _, ......_......- ............ »,....._.__. 52,711.38 -67 13 -6787 LOCAL ST PREVENTATIVE MAINT ............. ......•....--'-.,..,... ,- .- . - -••_ .9..052 9.-. 39,052.94 °..,,. 13 -6788 ARTERIALST PREVENTATIVE MAINT ». ®333... 350._ »6336 446 13 -6795 LINCOLN /FAIRHAVEN ACCESS TRAIL ........................................... ........ »...__.,,._,....,_...., 6333. »3630 ...tq 15,523.33 ».._.,,.......,..__.. 705,295.26 Schedule 4 Revision No. 1 55A -8 4'9,13 City of Santa Ana MZ Expenditure Report Fiscal Year Ended June 30, 2013 Signature Page I certify that the interest earned on Net Revenues allocated pursuant to the Ordinance shall be expended only for those purposes for which the Net Revenues were allocated and all the information attached herein is true and accurate to the best of my knowledge: Director of Finance Revision No. 1 55A -9 4/9/13 55A -10 h • Lei-fill , • CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: APPROVE 2014 CALENDAR OF CITY COUNCIL AND COUNCIL COMMITTEE MEETING DATES :LL CITY MANAGE CLERK OF COUNCIL USE ONLY: a•WI:• 9" ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve the 2014 calendar of City Council and Council Committee Meeting dates. 2. Direct the Clerk of the Council to post a Notice of Cancellation for the regularly scheduled City Council meetings scheduled for August 19, 2014 and November 4, 2014; the City Council hereby waives notice of said meetings as required by the government code. DISCUSSION On May 6, 2013 the City Council adopted Resolution No. 2013 -019 which changed the City Council Meetings from 1" and 3rd Mondays of the Month to 1St and 3rd Tuesdays of the Month. Attached is a calendar of regularly scheduled City Council and Council Committee Meetings for the year. In addition, the August 19, 2014 and November 4, 2014 regularly scheduled meetings will be canceled. The Council will resume consideration of regular Council items at their next regular scheduled meeting. The City Council reserves the right to cancel any other meetings and notify the public as legally required. The Calendar will be posted on the City's website to better inform the public of upcoming meetings. City Council Meetings are held in the Council Chamber, 22 Civic Center Plaza, Santa Ana. Council Committee meeting locations vary; please check the agenda for meeting time and location. FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council 65A -1 Santa Ana City Council & Committee Meetings Schedule 2014 JAIYVART S M T W T F S FLT 2 3'1 4 5 6 _ 8 9 10 11 12 _ 14 15 16 17_1 18 19 22 23 24 25 APRIL S M T W T F S = 2 3 4 5 6 7 8 9 10 _ 12 13 —_ 16 17 18 19 20 21 22 23 24 ® 26 27 _ 29 30 Juu S M T W T F S ® 2 3 4 5 6 7 8 9 10 11 12 13 _= 16 17 18 19 20 21 -,,,, 23 24 25 26 27 _ 29 30 31 S M T W T F S 1 2 3 _ 5 6 7 8 9 10 11 12 13 14 15 16 17 _ 19 20 21 22 23 24 25 26 27 28 MAY S M T W T F S 1 2 3 4 5 _ 7 8 9 10 11 12 13 14 15 16 17 18 19 _ 21 — _) 24 25 26 27 28 29 30 31 AUGUST VVIVYL0. ,. _; :Public Safety Commttee (MM DB, RR) Meets Every other Month S S M T W T F S 2 3 4 _ 6 7 1 2 3 4 5 6 _ 8 9 TO 11 12 _ 14 15 16 17 18 19 20 _ 22 23 _ 24 X31 25 26 _ 28 29 30 S M T W T F S 1 2 3 _ 5 6 7 8 9 10 11 12 13 14 15 16 17 _ 19 20 21 22 23 24 25 26 27 28 MAY S M T W T F S 1 2 3 4 5 _ 7 8 9 10 11 12 13 14 15 16 17 18 19 _ 21 — _) 24 25 26 27 28 29 30 31 IYV YCMOCM1 S M T W T F S 1 2 3 S 5 ®� B 9 10 1 12 = 14 15 16 17 19 20 = 22 23 24 25'. 26 27 28 29 30 _ CRY COUNCIL MEETING (AUGUST 19 AND NOVEMBER 4 CANCELLED( HOUDAY -CRY HALL CLOSED _ CRY HALL CLOSED -9/80 WORK SCHEDULE rY KA n S M T W T F S 1 2 3 5 ® 7 8 9 10 11 12 13 ® 15 16 17 19 20 21 22 23 24 25'-!_ 27 ® 29 30 31 ,1 V IYL S M T W T F 5 1 2 _ 4 5 = 7 8 9 10 11 12 13 14 15 16 = 18 19 = 21 22 23 24 _ 26 27 28 29 30 gcncmocn S M T W T F 5 = 3 4 5 6 7 8 9 10 II 12 13 14 IS _ 17 18 19 20 21 22 -';i_ 25 26. 27 28 29 30 VCVCMYCR S M T W T F S 1 = 3 4 = 6 7 8 9 10 11 12 13 14 15 = 17 18 = 20 21 22 23 24 25. 26 27 28 29 30 31 CoenLA Committees - Standing Meetings AUGUST Dev. & Tramp. Council CammiHee (DB, MM. VS) Meets Every other Month ,. _; :Public Safety Commttee (MM DB, RR) Meets Every other Month S M T W T F S —® 2 3 4 _ 6 7 8 9 10 11 12 13 14 ® 16 17 18 = 20 21 22 23 24 25 26 27 28 ® 30 31 IYV YCMOCM1 S M T W T F S 1 2 3 S 5 ®� B 9 10 1 12 = 14 15 16 17 19 20 = 22 23 24 25'. 26 27 28 29 30 _ CRY COUNCIL MEETING (AUGUST 19 AND NOVEMBER 4 CANCELLED( HOUDAY -CRY HALL CLOSED _ CRY HALL CLOSED -9/80 WORK SCHEDULE rY KA n S M T W T F S 1 2 3 5 ® 7 8 9 10 11 12 13 ® 15 16 17 19 20 21 22 23 24 25'-!_ 27 ® 29 30 31 ,1 V IYL S M T W T F 5 1 2 _ 4 5 = 7 8 9 10 11 12 13 14 15 16 = 18 19 = 21 22 23 24 _ 26 27 28 29 30 gcncmocn S M T W T F 5 = 3 4 5 6 7 8 9 10 II 12 13 14 IS _ 17 18 19 20 21 22 -';i_ 25 26. 27 28 29 30 VCVCMYCR S M T W T F S 1 = 3 4 = 6 7 8 9 10 11 12 13 14 15 = 17 18 = 20 21 22 23 24 25. 26 27 28 29 30 31 CoenLA Committees - Standing Meetings Dev. & Tramp. Council CammiHee (DB, MM. VS) Meets Every other Month ,. _; :Public Safety Commttee (MM DB, RR) Meets Every other Month _ PREY (AA, RR, ST) Meets Quarterly _ France, Eco, De,. S. Tech Committee (VS, DB, MM) Meets Quarledy _ Legislofive Comrruttee (MM, VS) Meets Quarterly —Code of Conduct (AA. ST) Meet SemtMnudly 65A -2 CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: DISCUSSION OF POTENTIAL CHARTER AMENDMENT FOR PRIMARY ELECTIONS AND RELATED ELECTION ISSUES Q�J ` CITY MANA RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2otl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO WWWW91 T- :7 Staff recommends that the City Council discuss the election related items and provide direction. DISCUSSION At the City Council meeting on November 4, 2013 the City Council considered an 85A item proposing a City Charter amendment to create a primary election for the office of Mayor. The Council discussed the item and asked questions about a primary election for Mayor and Council and the prevalence of appointing, rather than electing a Mayor. The Council directed staff to prepare information on the issues described below and requested that staff bring the item back for Council consideration in at least 30 days. The item was on the agenda on December 2, 2013 and continued to December 16, 2013. The Council asked staff to address the following issues: 1. The operation of primary elections; 2. The prevalence of appointed vs. elected Mayors; and 3. The costs associated with holding elections. Primary Elections: Larger cities by population, such as San Jose, San Diego, Long Beach and Los Angeles hold primary elections for elected officials. The first election, sometimes referred to as a Primary Nominating Election (PNE) in Long Beach, is the first of two possible elections. Candidates are nominated by the voters and appear on the PNE ballot. If any one candidate receives 50% + 1 of the votes cast for that office, that candidate has received a majority vote and is declared elected to that office. If any candidate does not receive a majority of the votes cast for that office in the PNE, then a second election is held, the General Municipal Election (GME or runoff), at which the top two vote getters from the PNE are placed on the ballot and the candidate that receives the most votes in the GME /runoff is declared the winner. 65B -1 Discussion of Potential Charter Amendment for Primary Elections and Related Election Issues December 16, 2013 Page 2 The cities that provide for primary elections are governed by a city charter like Santa Ana. The charter provides for the election procedures. In order to hold a primary election in Santa Ana, the voters must approve an amendment to the City Charter. The Council would have to direct the City Attorney and staff to prepare the necessary resolutions to approve a ballot measure and the actual text of the measure would have to be approved at least 88 days before a regular election date at which the ballot question is posed. Elected vs. Appointed Cities throughout the state have different ways of selecting a Mayor. Some cities directly elect a Mayor and other cities appoint a Mayor from among the elected council members. According to statistics from the League of California Cities, as of July 1, 2011, there were 482 incorporated cities with 362 of those being general law cities and 120 being charter cities. As of May 2010, 149 cities had a directly elected mayor, which includes both general law and charter cities. Also attached to this report are two lists. One is a list of the 20 largest cities in California by population and the list notes whether the cities are general law or charter and whether the Mayors are appointed or elected. The second is a list of California cities compiled by the US Conference of Mayors and this list (although not complete) describes cities with elected vs. appointed Mayors. Election Costs According to the Orange County Registrar of Voters a consolidated election in Santa Ana, administered by the County of Orange is estimated to cost between $125,000 to $175,000. This cost would be for a primary election and would be in addition to the costs associated with the existing regularly scheduled municipal election in November of even - numbered years. FISCAL IMPACT There are no direct fiscal impacts associated with providing direction to staff on whether to prepare a proposed Charter amendment. 7"o r o is R. Carvalho y Attorney SRC:lg 65B -2 City Ranked by Size of Population Charter City Population Size of Council, including Mayor Elected or Appointed Mayor Primary Election Elected by /or from Wards or Districts Los Angeles Yes 3,792,621 Elected Yes District by district San Diego Yes 1,307,402 Elected San Jose Yes 945,942 Elected San Francisco Yes 805,235 Elected Fresno Yes 494,665 Elected Sacramento Yes 466,488 Elected Long Beach Yes 462,257 Elected Yes Oakland Yes 390,724 Elected/Votes only in ties Bakersfield Yes 347,483 Elected Anaheim Yes 336,265 Elected All at large Santa Ana Yes 340,378 7 members Elected Wards at large Riverside Yes 297,863 7 members Elected /Votes only in ties Stockton Yes 287,584 Elected Chula Vista Yes 223,746 Elected Irvine. Yes 209,707 5 members Elected Fremont No 205,521 Elected Modesto Yes 202,740 Elected San Bernardino Yes 198,421 Elected Glendale Yes 196,882 Elected Huntington Beach Yes 193,369 7 members Appointed gghibit A L• - Lt m I US Conference of Mayors Survey Information from 2012 Cities Highlighted are those that Elected a Mayor Cities in Bold /Underlined are 100,000 in population or more that appoint a Mayor L• - Notes Exhibit B Election Current Mayor Population Date California Alhambra Steven Placido 83,089 Council to Select in December Apple Valley Curt Emick 69,135 Council to Select in December Baldwin Park Manuel Lozano 75,390 11/512013 Banning Debbie Franklin 30,310 Council to Select in December Bell Gardens Pedro Aceituno 42,072 Council to Select in December Brea Ron Garcia 39,282 Council to Select in December Buena Park Elizabeth Swift 80,530 Council to Select in December Calexico Maritza Hurtado 38,572 Council to Select in December Camarillo Charlotte Craven 65,201 Council to Select in December Campbell Evan Low 39,349 Council to Select in December Ceres Chris Vlerra 48,417 11/5/2013 Chino Hills Peter Rogers 74,799 Council to Select in December Citrus Heights Steve Miller 83,301 Council to Select in December Coachella Eduardo Garcia 40,704 Council to Select in December L• - Notes Exhibit B Concord Dan Helix 122.067 Council to Select in December Corona Jason Scott 152,374 Council to Select in December Costa Mesa Jim Riaheimer 109.960 Council to Select in December Cupertino Orrin Mahoney 58,302 Council to Select in December Cypress Prakash Narain, 47,802 Council to M. D. Select in December Daly City Raymond A. 101,123 Council to Buenaventura Select in December Dana Point Steven H. 33,351 Council to Weinberg Select in December Danville Newell Arnerich 42,039 Council to Select in December Delano Joe Aguirre 53,041 Council to Select in December Diamond Bar Jack Tanaka 55,544 Council to Select in December Downey Mario A. Guerra 111.772 Council to Select in December Eastvale Ike Bootsma 54,635 Council to Select in December El Centro Benjamin J. 42,598 Council to Solomon, III Select in December El Monte Andre Quintero 113,475 11/5/2013 Encinitas Teresa Barth 59,518 Council to Select in December Fairfield Harry T. Price 105,321 11/5/2013 Folsom Steve Miklos 72,203 Council to Select in December Foster City Pam Frisella 32,129 Council to Select in December Fountain Valley Mark McCurdy 55,313 Council to Select in December Fullerton Bruce Whitaker 135,161 Council to om � ', 65B -7 Select in December Goleta Roger S. Aceves 30,289 Council to Select in December Hanford Lou Martinez 53,967 Council to Select in December Hawthorne Daniel Juarez 84,293 Council to Select In December Hemet Robert Youssef 78,657 Council to Select in December Hesperia Bill Holland 90,173 Council to Select in December Highland Larry McCallon 53,104 Council to Select in December Huntington Connie 189,992 Council to Beach Boardman Select In December Indio Elaine Holmes 76,036 Council to Select in December Jurupa Valley Verne Lauritzen 97,426 Council to Select in December La Habra Rose Espinoza 60,239 Council to Select in December Laguna Hills Barbara Kogerman 30,344 Council to Select in December Laguna Niguel Robert Ming 62,979 Council to Select in December Lake Elsinore Robert 'Bob' 55,288 Council to Magee Select in December Lake Forest Scott 'Scotty, 77,264 Council to Voigts Select in December Lincoln Stan Nader 42,819 Council to Select in December Livermore John P. Marchand 80,968 11/512013 Lodi Alan Nakanishi 62,134 Council to Select In December Los Gatos Barbara Spector 30,141 Council to Select in December 65B -7 Lynwood Sal Alatorre 69,772 Council to Select in December Madera Robert L. 61,416 Council to Poythress Select in December Manhattan Beach David J. Lesser 35,135 Council to Select in December Menlo Park Peter I. Ohtaki 32,026 Council to Select in December Merced Stan Thurston 78,958 11/512013 Mission Viejo Rhonda Reardon 93,305 Council to Select in December Montebello Christina Cortez 62,500 Council to Select in December Monterey Park Mitchell Ing 60,269 Council to Select in December Moreno Valley Tom Owings 193.365 Council to Select in December Murrieta Rick Gibbs 103.466 Council to Select in December Newark Alan L. Nagy 42,573 11/5/2013 Newport Beach Keith D. Curry 85,186 Council to Select in December Novato Pat Eklund 51,904 Council to Select in December l Kevin Romick 37,278 115/2013 Pacifica Len Stone 37,234 Council to Select in December Palm Desert Jan Harnik 48,445 Council to Select in December Palmdale James C. Ledford, 152,750 111512013 Jr. Pico Rivera Gustavo V. 62,942 Council to Camacho Select in December Pittsburg Nancy Parent 63,264 Council to Select in December Placentia Scott Nelson 50,533 Council to Select in December Lm w • Pleasant Hill Dr Michael G. 33,152 Council to Harris Select in December Rancho Cordova Linda Budge 64,776 Council to Select in December Rancho Palos Susan Brooks 41,643 Council to Verdes Select in December Rancho Santa L. Anthony Beall 47,853 Council to Margarita Select in December Redding Rick Bosetti 89,861 Council to Select in December Redwood City Alicia C. Aguirre 76,815 11/5/2013 Rocklin Diana Ruslin 56,974 Council to Select in December Rohnert Park Pam Stafford 40,971 Council to Select In December Roseville Susan Rohan 118,788 Council to Select in December San Bernardino Patrick J. Morris 209,924 11/512013 San Bruno Jim Ruane 41,114 1115/2013 San Mike Tracy 106.433 Councilto Buenaventura Select in December San Clemente Bob Baker 63,522 Council to Select in December San Diego Todd Gloria 1,307,402 11/19/2013 San Jacinto Mark Bartel 44,199 Council to Select in December San Juan John Taylor 34,593 Councii to Capistrano Select in December San Mateo David Lim 97,207 Council to Select in December San Ramon Bill Clarkson 72,148 11/5/2013 Santa Barbara Helene Schneider 88,410 11/5/2013 Santa Clarita Bob Kellar 176.320 Council to Select in December Santa Cruz Hilary Bryant 59,946 Council to Select in December Santa Monica Pam O'Connor 89,736 Councii to Select In Lm 65B -10 December Saratoga A Hunter 30,677 11/5/2013 South San Pedro Gonzalez 63,632 Council to Francisco Select in December Stanton David J. Shawver 38,186 Council to Select in December Temecula Michael S. 100.097 Council to Nagga r Select In December Thousand Oaks Claudia Bill -de la 126.683 Council to Pena Select in December Tiacy Brent H. Ives 82,922 11/5/2013 Tustin Al Murray 75,540 Council to Select in December Victorville Jim Cox 115.903 Council to Select in December V s li Amy Shuklian 124.442 Council to Select in December Walnut Creek Cindy Silva 64,173 Council to Select in December Watsonville Lowell Hurst 51,199 Council to Select in December West Covina Shelley 106.098 Council to Sanderson Select in December Wildomar Timothy Walker 32,176 Council to Select in December Yorba Linda Tom Lindsey 64,234 Council to Select in December Yuba City John Buckland 64,925 Council to Select in December Yucaipa Denise Hoyt 51,367 Council to Select in December 65B -10 EXHIBIT C GENERAL MUNICIPAL ELECTION STATISTICS 65B -11 65B -12 CITY OF SANTA ANA 2000 GENERAL MUNICIPAL ELECTION STATISTICS MAYOR' , k',;• ; #V " " /'!.VOTES OTES Miguel A. Pulido 34,102 71.3% Vital D'Car io 8,025 16.8% Steve Rocco 5,733 12.0% Total Votes 47,860 100.0% WARD 3,,.,' #VOTES % VOTES Jose Solorio 28,604 63.23% Mauro Morales 16,632 36.77% Total Votes 45,236 100% WARD 3,,.,' #`VOTES %'VOTES ` Brett Franklin 20,370 43.70% Armando L. Ramirez 13,115 28.14% Michele Morrisey 10,173 21.82% Winston Covington 2,937 6.30% Mark O. Rocha 17 0.04% Total Votes 46,612 100% WAIfl6 yrr ,,d.E: #VOTES %1/OFES° i Claudia Alvarez 25,252 54.47% Nancy Lutz 21,106 45.53% Total Votes 46,358 100% VOTING STATISTICS - GENERAL VOTERTURNOUT Ballots Cast 52,886 Registered Voters 83,478 Percent Turnout 63.35% 65B -13 65B -14 CITY OF SANTA ANA 2002 GENERAL MUNICIPAL ELECTION STATISTICS MAYOR .' # VOTES % VOTES Miguel A. Pulido 25,669 100.0% Total Votes 25,669 100.0% WARD 2 VOLES Lisa Bist 18,523 65.38 % Jose Macias 9,809 34.62% Total Votes 28,332 100% ` WARD 4 94Y :VOTES Mike Garcia 13,236 42.58% Alberta Christy 18,256 62.77% Zeke Hernandez 10,828 37.23% Total Votes 29,084 100% . ,. "WARD 6 , #VTES��, z 3, q fo DOTES .. Mike Garcia 13,236 42.58% Robert L. Henson, Sr. 4,950 15.92% Eleazar Elizondo 4,948 15.92% Jennifer Villasenor 4,383 14.10% Mer aret Jeanne Flindt 3,135 10.09% Stanley Fiala 432 1.39% Total Votes 31,084 100% VOTING STATISTICS - GENERAL VOTERTURNOUT Ballots Cast 34,807 Registered Voters 81,984 Percent Turnout 42.46% 65B -15 65B -16 CITY OF SANTA ANA 2004 GENERAL ELECTION VOTER STATISTICS MAYOR # VOTES %VOTES Miguel A. Pulido 38,634 80.6% Stanley Fiala 9,327 19.4% Total Votes 47,961 100.0% WARD 1 ,tt, #VOTES 11 "o "/o „VOTES Jose Solorio 36,383 79.6% Jose Soto 9,329 20.4% Total Votes 45,712 100.0% M INCR ASE #;H #!V TES %'1%OTES:,. Carlos Bustamante 27,953 59.9% Alexander "Sandy” Nalle 18,699 40.1% Total Votes 46,652 100.0% M INCR ASE #;H #',VOTES %VOTES Claudia Alvarez 26,503 57.8% Roman Anthony Re na 10,720 23.4% L nnette M. Verino 8,656 18.8% Total Votes 45,879 100,0% M INCR ASE #;H • 33,111 VOTES 36.6% 1S,I RSTAAX`' # VOTES, 22.0% Early Voting 1,577 1.8% Yes 28,445 56.9% No 21,563 43.1% Total Votes 50,008 100.0% VOTING STATISTICS - GENERAL VOTES Precinct Ballots Cast • 33,111 VOTES 36.6% Absentee Ballots Cast 19,911 22.0% Early Voting 1,577 1.8% Total Ballots Cast 54,599 60.4% Ballots Cast 54,599 Registered Voters 90,464 Percent Turnout 60.4% M - • CITY OF SANTA ANA 2006 GENERAL ELECTION VOTER STATISTICS 7`11H iFp #VOTES %VOTES Miguel A. Pulido 23,170 68.8% Thomas Gordon 8,262 24.5% Stanley Fiala 2,259 6.7% Total Votes 33,691 100.0% 7`11H iFp #VOTES %VOTES Michele Martinez 10,335 32.6% Evangeline Gowronski 9,595 30.2% Fortino Rivera 8,806 27.8% Tish Leon 2,997 9.4% Total Votes 31,733 100.0% ,y , WARP 4 ft� . J... s, .i #VOTES VOTES- % VOTES P. David Benavides 20,253 65.2% Nelida Yanez 10,829 34.8% Total Votes 31,082 100.0% i t ,, f VOTES- Sal Tina'ero 13,802 42.9% George Collins 5,419 16.9% Jennifer Villasenor 12,922 40.2% Total Votes 32,143 100.0% VOTING STATISTICS - GENERAL VOTERTURNOUT Ballots Cast 38,181 Registered Voters 93,237 Percent Turnout 41.0% 65B -19 65B -20 CITY OF SANTA ANA 2008 GENERAL ELECTION VOTER STATISTICS MAYQR„ ,f � E " # VOTES %i VOTES ._ Miguel A. Pulido 30,352 55.0% Michele Martinez 16,199 29.3% George M. Collins 7,610 13.8% Stanley Fiala 1,069 1.9% Total Votes 55,230 100.0% WARR =1 x ' # VOTES %VOTES'' Vincent F. Sarmiento 32,768 62.7% Jim Walker 19,490 37.3% Total Votes 52,258 100.0% i WARD # �/Q CE'S` 7 VOTES, Carlos Bustamante 26,258 49.9 % Arturo "Art' Pedroza 10,231 19.4% Steve Rocco 9,344 17.8% Ana Rebecca Valencia - Verdin 6,773 12.9% Total Votes 52,606 100.0% VI�/aRD # =5 I # �/Q CE'S` 7 DOTES % = Claudia Alvarez 40,261 78.6 %° Lisann Martinez 10,930 21.4% Total Votes 51,191 100.0% VOTING STATISTICS - GENERAL 65B -21 65B -22 CITY OF SANTA ANA 2010 GENERAL ELECTION VOTER STATISTICS MAYOR # VOTES %,VOTES Miguel A. Pulido 21,588 49.5% Alfredo Amezcua 11,689 26.8% Charles Hart 4,216 9.7% George M. Collins 3,820 8.8% Roy Alvarado 2,339 5.4% Total Votes 43,652 100.0% WARD #F�/OTES 1..= i % VOTES Michele Martinez 34,651 100.0% Total Votes 34,651 100.0% 11VARD d,.; +..,, , r >" . ' E.,jt,,; ,#`V07ES :,. ,{ p/d VOTES ; David Benavides 34,785 100.0% Total Votes 34,785 100.0% h WAID'f' # =VOTES` °fo VOTES . it 4 $ear i� 3i �SS :iY. {.} 4 �?•.r{S 3�i 7. . Sal Tinamero 21,998 53.9% Nam Pham 9,731 23.8% Helen Martinez 9,094 22.3% Total Votes 40,823 100.0% VOTING STATISTICS - GENERAL 65B -23 65B -24 CITY OF SANTA ANA 2012 GENERAL ELECTION VOTER STATISTICS MAYOR, #NOTES % VOTES Miguel A. Pulido 27,092 48.2% P. David Benavides 14,995 26.7% Gore M. Collins 6,289 11.2% Lu a Moreno 3,147 5.6% Ro Alvarado 3,082 5.5% Mi uel An el Briseno 1,626 2.9% Total Votes 56,231 100.0% WARD 1 #VOTES % VOTES Vincent F. Sarmiento 27,289 52.0% Estela Amezcua 25,230 48.0% Total Votes 52,519 100.0% 1NARD, 3,..,., +., ,+ f+ , ., !, . #;POTS,, x % VOTES Angelica Amezcua 19,577 36.6 %° Eric M. Alderete 11,876 22.2% Brett Elliott Franklin $ 358 15.6% Charles Hart 6,265 11.7% Shane Ramon Barrows 4,355 8.1% Stefano "Steve" Rocco 3,010 5.6% Total Votes 53,441 100.0% VOTING STATISTICS - GENERAL VOTERTURNOUT Ballots Cast 62,447 ;...'% VOTES Roman Re na 32,419 61.8% Karina Onofre 20,065 38.2% Total Votes 52,484 100.0% VOTING STATISTICS - GENERAL VOTERTURNOUT Ballots Cast 62,447 Registered Voters 114,286 Percent Turnout 54.6% 65B -25 65B -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: PUBLIC HEARING — SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1990 -03 TO ALLOW AN EXTENSION OF TIME FOR A PORTION OF THE LAKE CENTER OFFICE PARK AT 3500 WEST LAKE CENTER DRIVE — C.J. SEGERSTROM AND SONS, APPLICANT r CITY MANAGE CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving the second amendment to Development Agreement No. 1990 -03. PLANNING COMMISSION ACTION On November 25, 2013, the Planning Commission recommended that the City Council adopt an ordinance approving the second amendment to Development Agreement No. 1990 -03 by a vote of 5:0 (Crespo and Gartner absent) in order to extend the term of the development agreement for an additional ten years for the Lake Center Office Park at 3500 West Lake Center Drive located in the Specific Development No. 58 (SD -58) zoning district. The Planning Commission made no changes to the terms of the agreement as outlined in the attached staff report (Exhibit A). DISCUSSION This action allowed for an extension of an existing development agreement first approved in 1990. It will allow for the future development of the remaining parcels at the Lake Center Office Park. FISCAL IMPACT There is no fiscal impact associated with this action. Trevino Executive Director Planning and Building Agency VF: rb vt\reporWADA 90-3 3500 Lake Centeccc Exhibit: A. Planning Commission Staff R2 port 75A -1 75A -2 REQUEST FOR • • • r NOVEMBER 25, 2013 TITLE: PUBLIC HEARING — SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1990.03 TO ALLOW AN EXTENSION OF TIME FOR A PORTION OF THE LAKE CENTER OFFICE PARK AT 3500 WEST LAKE CENTER DRIVE Prepared by _Vince Free oso - • APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Executive Director Planning Manager RECOMMENDED ACTION Recommend that the City Council adopt an ordinance approving the second amendment to Development Agreement No. 1990.03. DISCUSSION Request of the Applicant Justin McCusker of C.J. Segerstrom & Sons is requesting approval of a second amendment to the previously approved Development Agreement No. 1990 -03 in order to extend the term of the development agreement for an additional 10 years. Project Location and Site Description The subject sites are located within the Lake Center Office Park, a master planned office complex which is comprised of properties generally located on both sides of Lake Center Drive and Susan Street. The Lake Center Office Park encompasses approximately 33 -acres of land that is currently developed with commercial, office and school uses as well as several large vacant parcels. The three vacant parcels that are the subject of this application total 10.455 acres and are located south of Lake Center Drive on both the east and west sides of Susan Street. Two additional developed parcels owned by the applicant are also subject to this application. The site is surrounded by a combination of commercial, office, educational and industrial uses to the north, south, east and west (Exhibits 1, 2 and 3). Proiect Description The applicant is requesting approval to extend the term of the previously approved development agreement for the Lake Center Office Park by an additional 10 years. Currently, the development agreement is set to expire in October 2015. No new development is proposed at this time for the Lake Center Office Park. EXHIBIT A 75A -3 Amendment to Development Agreement No. 1990 -03 November 25, 2013 Page 2 Project Background In October 1990, Development Agreement No. 1990 -03 was approved to allow the development of the master planned, 33 -acre Lake Center Office Park development (Exhibit 4). In conjunction with the approval of the development agreement, the Specific Development No. 58 (SD -58) zoning district was approved. This zoning designation established the zoning and development standards for future development of the Lake Center properties. Since its approval, the office park has been improved with several office complexes. In addition, one of the parcels is used by the adjacent Calvary Chapel School for use as a ball field. In June 2005, the City approved the first amendment to the development agreement and extended the term of'the development agreement by an additional 10 years to October 2015 (Exhibit 5). General Plan and Zoning Analysis The General Plan land use designation for the site is Industrial (IND), which primarily allows manufacturing and industrial uses along with support commercial activities. Industrial districts are designed to provide employment opportunities for local residents and generate municipal revenues or continued economic development. Although the proposed project is not consistent with the General Plan land use designation, the Lake Center Office Park was entitled when office development was consistent with the industrial land use designation. Since the development agreement and specific development zoning designation allows office development, the use is considered to be consistent with the General Plan. The zoning for the site is Specific Development No. 58 (SD -58). The existing office and educational uses are consistent with this zoning designation. Project Analysis In 1990, the City approved several entitlements, including a development agreement, for the Lake Center Office Park. The development agreement established development intensity, permitted uses and development standards for the term of the agreement as well as required certain public improvements. As three of the parcels still remain vacant, C.J. Segerstrom & Sons is requesting an amendment to the development agreement to extend it for a period of 10 years. The request would apply to the three vacant parcels currently owned by C.J. Segerstrom & Sons that are located in the SD -58 zoning district. Further, the proposal would not change any current entitlements or zoning. The original term of the development agreement, which was approved in October 1990, was for 15 years. In October 2005, the development agreement ent was extended for an additional 10 years, with a current expiration date of Ocfober 2015. 75A -4 Amendment to Development Agreement No. 1990 -03 November 25, 2013 Page 3 A significant shift in the local and national economy had occurred the past several years that severely impacted the real estate and development market. Evidence of the severe nature of the economic downturn in real estate development is apparent as only three of the 14 larger projects originally approved since the late 2000's have been built, with office development such as Lake Center practically nonexistent. Although C.J. Segerstrom & Sons does not have any immediate plans pending for the development of these properties, the economy has improved enough that they still intend to construct on the vacant sites per the SD -58 standards and provisions of the development agreement. The applicant is satisfied with the current terms and conditions of the existing development agreement and would like to extend it for 10 years. In order to provide flexibility to the applicant and allow the remainder of the office park to be constructed, staff finds that the amendment to the development agreement allowing the 10 -year time extension will provide for the continued implementation of the previously approved project in furtherance of the provisions of SD- 58(Exhibit 6). If the extension is not approved, the project would have to comply with any changes that are made to the SD zoning document and would be subject to additional environmental review and mitigation. Public Notification The project site is not located within a neighborhood association. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Analysis In accordance with the California Environmental Quality Act, t determined to be adequately evaluated in the previously Development Final Environmental Impact Report ER No. 1989 -01. l Vince Fregoso, A(CP Principal Planner VF:jm OreportsWbA 90 -3 3500 Lake Cen(er.112513.pc. 75A -5 he proposed request has been certified Lake Center Specific Amendment to Development Agreement No. 1990 -03 November 25, 2013 Page 4 Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Original (1990) Development Agreement Exhibit 5 — First Amendment to Development Agreement Exhibit 6 — Second Amendment to Development Agreement 75A -6 Mi M2 cn� MM2M1 mar M2 M1 °m M2 M1 Mt = J _ RSTROM AV I RAI R4 46 M1 1 i � Al i MI ��ll F i.v I M1 I i M1 Tim �.e�.... Al s ,A 'E Mt M1 P M1 SD 74 Mt Mi P SD -58 Mt SD�74 YI CI[y AT GENERALAGRICULTURALt -B PARKING MIDDI FICATION C -SM COM MEN DIAL SOUTH MAIN Cl COMMUNITYCOMMERCIAL Cl MD COMM. COMMERCIAL/MUSEUM DISTRICT C2 GGNERALCOMMERCIAL C3 CENTRALBUSINESS C3 -A CENTRAL BUSINESS ARTISTVILLAGE C4 PLANNED SHOPPINGCENTER CS ARTERIAL COMMERCIAL C o s a iN e s a CR COMMERCIAL RESIDENTIAL GC GOVERNMENT CENTER MI LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PRO PLANNED RESIDENTIAL DEVELOPMENT RI SINGLE FAMILY RESIDENTIAL R2 TWO FAMILY RESIDENCE R3 MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE PH SUBURBAN APARTMENTS RE RESIDENTIAL ESTATE ED SPECIFIC DEVELOPMENT SP SPECIFIC PLAN OF � �, AMEND""ENTTO DA 90 -3 A l�, C.J. SEGERSTROM AND SONS u' 3500 WEST LAKE CENTER DRIVE - - =500 FEET i "= t000 Feel 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 EXHIBIT 1 75A -7 112 -PRD M1 //— Ij$II S II o uu I I R2-PRO I)-4 SD -4 WII II 151 M1 \, Mt 3 R2 RED \ c3 sD -sI MI R3 D 5$ MAC ART] IUR 9L. <s R1 R1 R1 SD -6 ..R I „. HE Bi — Mi/ / pj. Eli Ri Mt._. Ri P. / — c C o s a iN e s a CR COMMERCIAL RESIDENTIAL GC GOVERNMENT CENTER MI LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PRO PLANNED RESIDENTIAL DEVELOPMENT RI SINGLE FAMILY RESIDENTIAL R2 TWO FAMILY RESIDENCE R3 MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE PH SUBURBAN APARTMENTS RE RESIDENTIAL ESTATE ED SPECIFIC DEVELOPMENT SP SPECIFIC PLAN OF � �, AMEND""ENTTO DA 90 -3 A l�, C.J. SEGERSTROM AND SONS u' 3500 WEST LAKE CENTER DRIVE - - =500 FEET i "= t000 Feel 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 EXHIBIT 1 75A -7 U. 5. P O S T A L CENTER ER AVENUE -- I City 0r Costa Mesa AMENDMENTTO DA 90 -3 C.J. SEGERSTROM AND SONS nn �,,,.�, 3500 WEST LAKE CENTER DRIVE �V SEGERSTROM PROPERTIES ® i SD -50 P L A N N N --3---7- -ND B U L p l 1Q G A G -EN C Y EXHIBIT2 75A -8 AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1990 -03 3500 WEST LAKE CENTER DRIVE EXHIBIT 3 75A -9 c• it ri •� C1(t-4 that tN3 dorjT L tree.:.,:. ; for frao c: ,;.rr:'.r );"i the "aiy of :_am" Ara vau covernment Cctla SeWon &i9`J'. fG a1tc7 G • �7 �✓ 65'Bl?.5- RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 90- 625289 lq- iECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -252 PM NOW'90 749 (Above Space for Recorder's Use Only) DEVELOPMENT AGREEMENT FOR LAKE CENTER PROFESSIONAL OFFICE PARK THIS DEVELOPMENT AGREEI I (1'DeveJ,p�m�nt Agreement ") is made and entered into this y�C day of 4 fb. , 1990, by and between the CITY OF SANTA ANA, a municipal corporation organized and existing under the laws of the State of California ( "City "), and CALIFORNIA PACIFIC PROPERTIES, a California general partnership ( "Developer "). R E C I T A L S: A. California Government Code SS 65864 gt sea. provide that the legislative body of a city may enter into a development agreement with persons having legal or equitable interests in real property for the development of real property in order to, among other things: (i) vest certain rights in the developer; (ii) provide certainty in the approval of development projects in order to avoid the waste of resources,; (iii) encourage investment in and commitment to comprehensive planning which will make maximum efficient utilization of resources at the least economic cost to the public; (iv) strengthen the public planning process and encourage private participation in comprehensive planning; and (v) reduce the economic costs of development by providing assurance to the developer that the developer may proceed with its projects in accordance with existing policies, rules, and regulations subject to conditions of approval. B. Pursuant to California Government Code Section 65865, the City has adopted its Resolution No. 82 -92, establishing procedures and requirements for the approval of development agreements. Developer has applied to the City pursuant to California Government Code Sections 65864- 65869.5, and pursuant to said Resolution for approval of the Development Agreement set forth herein. 0011\DSC\CAL— PAC \CAL— PAC.AG4 EXHIBIT 4 i5A -•11 . '750 C. The City desires to enter into this Development Agreement with Developer in order to facilitate the development of certain property (the "Property ") known as "Lake Center Professional Office Park" (the "Development "), more fully described in'Exhibit A and shown on the map set forth on Exhibit B, both attached hereto. Such development shall be in accordance with (i) Specific Development Plan No. 58, adopted by the same ordinance of the City which approved this Development Agreement (the "Plan ") and (ii) Existing Development Regulations (as defined below); provided however, no use which is permitted only pursuant to the issuance of a conditional use permit by the Plan shall be considered part of the "Development" within the scope of this Development Agreement, The City has given notice of its intention to adopt this proposed Development Agreement, has conducted public hearings thereon pursuant to Government Code Section 65867, and the City's Resolution No. 82 -98 and has found that the provisions of this Development Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in the City's General Plan, the Plan, and the Existing Development Regulations. In connection with its approval of the Development, a Final Environmental Impact Report ("EIR") was prepared and certified by the City Council on 6o.T r+t t D. Developer has engaged, prior to the date of this Development Agreement, in substantial development activity on the Property, and has completed approximately fifty percent (50 %) of the construction of the Development Plan. In the course of this work, Developer has provided significant public benefits and has invested substantial amounts of money in reliance on project approvals. Continued development of the Property will require the construction of substantial public improvements in various phases, many of which improvements will benefit both the Development and surrounding areas. Certain development risks and uncertainties associated with the long term nature of the Development, including the cost of the portion of these public improvements, could discourage and deter Developer from making the long term commitments necessary to fully develop the Property; therefore, the parties desire to enter into this Development Agreement in order to reduce or eliminate uncertainties to such development over which the City has control. E. As permitted by law, the City and Developer desire to establish design and development standards for the entire build -out period of the Development, including all phases thereof, the permitted uses for the Development, and to identify the scope of public infrastructure improvements to be required for and as a result of the Development. OC11 \DP.0 \CAL- PAC \CAT. ^PAC.A" F. The City recognizes that Developer may sustain substantial losses if the City were to default in its obligations herein undertaken, including the substantial investment made by Developer to plan the Development. G. The City, by electing to enter into contractual agreements such as this one, acknowledges that the obligations of the City shall survive beyond the term or terms of the present City Council members, that such action will serve to bind the City and future councils to the obligations thereby undertaken, and this Development Agreement shall limit the future exercise of certain governmental and proprietary powers of the City. By approving this Development Agreement, the City Council has elected to exercise certain governmental powers at the time of entering into this Development Agreement rather than deferring its actions to some undetermined future date. The terms and conditions of this Development Agreement have undergone extensive review by the City and its Council and have been found to be fair, just and reasonable, and the City has concluded that the pursuit of the Development will serve the best interests of its citizens and the public health, safety and welfare will be best served by entering into this obligation. The City acknowledges that Developer would not consider or engage in the Development without the assurances of development entitlement which this Development Agreement is designed to provide. H. The mutual undertakings, assurances, and covenants provided for in this Development Agreement provide public benefits to the City and its residents, including the promotion of comprehensive planning, private and public cooperation and participation in the provision of public benefits, the increase in the City tax revenues from the Development, and the effective and efficient development of public facilities and infrastructure supporting the Development which was contemplated and promoted by Government Code §§ 65864 et sea. 1. This Development Agreement will promote and encourage the development of the Property by providing Developer and its creditors with a greater degree of certainty of Developer's ability to expeditiously and economically complete the development effort, and the parties agree that the consideration to be received by the City pursuant to this Development Agreement and.the rights secured to Developer hereunder constitute sufficient consideration to support the covenants and agreements of the City and Developer. By entering into this Development Agreement, the City desires to vest in Developer, to the fullest extent possible under the law, all possible development entitlements in order to complete the Development. OC11 \DEC \CAL- PAC \CAL- PAC.A64 751 -.752 J. The City Planning Commission and the City Council have found and determined that this Development Agreement: (i) is consistent.with the City's general plan and all specific plans As of the date of this Development Agreement (as referenced in Government Code §§ 65450 et sue,) applicable to the Development; (ii) is in the best interest of the health, safety, and general welfare of the City, its residents, and the public; (iii) is entered into pursuant to and constitutes a present exercise of the City's police power; and (iv) is entered into pursuant to and in compliance with the requirements of Government Code 5 65867, the City Development Agreement Resolution No. 82 -92; and the City Council has adopted an ordinance authorizing the execution of this Development Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties do hereby agree as follows: 1. Binding Effect of Development Agreement. The Development Agreement pertains to the Property as described in Exhibit A. The burdens of the Development Agreement are binding upon, and the benefits of the Development Agreement inure to all successors in interest of the parties to the Development Agreement, and constitute covenants which run with the Property, and in order to provide continued notice thereof, this Development Agreement will be recorded by the parties. The assurances provided to Developer in this Development Agreement are provided pursuant to and as contemplated by Government Code §§ 65864 et sec., and in consideration for the undertakings of Developer as set forth in this Development Agreement, and are intended by the City to be and have been relied upon by Developer to its detriment in undertaking the obligations and covenants provided in this Development Agreement and in expending monies and making improvements pursuant to this Development Agreement. The parties agree that the consideration to be received by the City pursuant to this Development Agreement and the rights secured to Developer hereunder constitute sufficient consideration to support the covenants and agreements of the City and Developer. 2. Relationship of the Part ies. It is hereby specifically understood and acknowledged that the Development is a private project and that neither the City nor Developer will be deemed to be the agent of the other for any purposes whatsoever. 3. Reservations and Dedications. It is hereby further understood and agreed that no reservations or dedications of land will be required by the City as a condition to development of the Property during the Term (as 0011 \0EC \cAL - PAC \cAL- PAc.A04 753 herein defined), except as part connection with the approval of the Plan or as otherwise agreed Developer. Nothing herein shall City's powers of eminent domain. T erm. of the conditions imposed in the site development plan for to in writing by the City and be construed to limit the (a) The term ( "Term ") of this Development Agreement is fifteen (15) years from the date of execution, subject to earlier termination as hereinafter provided. (b) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, any tentative Subdivision Map approved for the Property shall also be extended for a period equal to the period this Agreement remains in effect. 5. peevelooment Standards. In connection with development of the Property by Developer, the City hereby agrees that the permitted uses of the Property, density of use, intensity of use, maximum height and size of proposed buildings shall be those set forth specifically in the Plan. 6. Processing of ADAlications and Permits. The City will accept the processing and review of all applications for permits or other entitlements with respect to the development and the use of the Property in accordance with this Development Agreement. It is understood by the parties to this Development Agreement that pursuant to existing law, development review approvals shall not remain valid for the Term of this Development Agreement, but only for the term of such development review approvals. Accordingly, Developer shall have the right to file such new development review applications on portions of the Development where such previously approved development review approvals have expired. Any such new development review applications filed for the Development shall be reviewed in accordance with the Plan and Existing Development Regulations. 7. Development Review. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law and to conduct its development review of any specific improvements proposed for the Development pursuant to the applicable provisions of Chapter 41 of the City's Municipal Code which are in'effect as.of the date hereof; provided, however, no such review shall authorize or permit the City to impose any condition and/or withhold approval to any proposed building the result of which would be inconsistent with any term or provision of this Development Agreement, and it is oc11 \DEC \CAL -PAO \CAL- PAC.A06 754 hereby further provided that the basis for the City's development review shall, to the degree possible, be limited to architectural design and compatibility with the standards and specifications set forth in the Plan and the Existing Development Regulations specified in Section 12 of this Agreement. It is further agreed that the City shall in all, events provide the reasons for disapproval in the event that the City disapproves any building as proposed. a. Utility Capacity. It is hereby agreed that the City will not undertake any act or neglect to perform any act' or duty which would impair or inhibit Developer's receipt of water or sewer service subject only to the payment of fees therefor by Developer. The City hereby represents that it currently has sufficient water and sanitary sewage capacity for the entire development of the Property. Nothing herein shall be construed to limit the City's ability to impose reasonable conditions on future discretionary approvals which require Developer to install water and sewer lines and appurtenances servicing the Property. 9. Assignment. Developer shall have the right to sell, assign, or transfer all of its interest in the Property along with all of its right, title and interest in and to this Development Agreement to any person, firm or corporation . at any time during the term of this Development Agreement without the consent of the City. 10. Periodic Review of Compliance. In accordance with Government Code Section 65865.1, the City Council shall review this Development Agreement at least once each calendar year hereafter. At such periodic reviews, Developer must demonstrate its good faith compliance with the terms of this Development Agreement. Developer agrees to furnish such evidence of good faith compliance as the City, in the reasonable exercise of its discretion and after reasonable notice to Developer, may require. Developer shall be deemed to be in good faith compliance with this Development Agreement if the City is not entitled by the terms and provisions of this Development Agreement to terminate this Development Agreement. 11. Amendment or Cancellation. This Development Agreement may be amended or cancelled in whole or in part only by mutual consent of the parties and in the manner provided in Government Code Sections 65868, 65867 and 65867.5. 12. Vesting of Development Rights. (a) General Statemept. As a material inducement to Developer and its lenders to continue with diligent efforts to promote the development of the OC11 \DEG \CAL- PANCAL- PAC.AD9 6 755, Property, the City desires to cause all development rights which may be required to develop to completion the Property with buildings and related improvements consistent with the Plan, to be deemed vested in developer, as of the date of this Development Agreement, to the greatest extent permitted by law, and to be free of all discretionary rights of the City or any body or agency thereof, except as herein provided, to impose any subsequent building moratoriums or restrictions on development which are inconsistent with this Development Agreement. (b) Existing Rules to Govern. In accordance with the terms of Government Code § 65865, the City and Developer agree that the ordinances, rules, regulations and official policies of the City (collectively, the "Existing Development Regulations ") in effect as of the date of this Development Agreement, governing the design, density, permitted land uses, improvement, and construction standards applicable to the Development shall govern during the Term of this Development Agreement. For ease of reference only, a copy of a portion of the Existing Development Regulations is set forth in FExxhibit C attached hereto. Except as otherwise provided in this Development Agreement, no amendment to, revision of, or addition to any of the Existing Development Regulations without Developer's written approval, whether adopted or approved by the City Council or any office, board, commission or other Agency of the City, or by the people of the City through charter amendment or initiative measure, shall be effective or enforceable by the City with respect to the Development, its design, grading, construction, remodeling, use or occupancy, schedule of development. (c) Definition of "Ex�stigg Development Regulations". As used herein, "Existing Development Regulations" shall not include municipal laws and regulations which do not conflict with Developer's vested rights to develop and use the Property in accordance with the Plan. Developer and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non - conflicting laws and regulations as may from time to time be enacted or amended hereafter. specifically, but without limitation on the foregoing, such non - conflicting laws and regulations include the following: (i) Taxes, assessments, fees and charges; (ii) Building, electrical, mechanical, fire and similar codes based upon uniform codes oca.x\DZC\C u.- PAC \CAL- FAC.noa 756 incorporated by reference into the Santa Ana Municipal Code; (iii),Laws, including zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city -wide basis; and (iv) Procedural rules. (d) Subseouent "Slow /No Growth" Measures. Consistent with (a) and (b), above, the City and Developer specifically agree that any subsequently enacted initiatives, referendums, or amendments to the City's General Plan and /or Zoning Code which contain "slow /no growth" measures or which by their terms are intended to, or by operation have such effect shall have no application to the Development. Notwithstanding any such measures, the mitigation measures required for the Development are limited to those established by this Development Agreement. 13. Environmental Compliance. (a) EIR Processing Completed. Developer hereby acknowledges that the Development shall be subject to the mitigation measures set forth in the EIR and identified in Exhibit D hereto. To the extent that Developer develops the Development, Developer hereby agrees to implement the various mitigation measures required to be implemented by Developer as specified in Exhibit D. (b) Subseggent Environmental Review. In exercising its legislative discretion to enter into this Development Agreement and to commit the City to the completion of the Development, the City has reviewed and considered the potential adverse environmental impacts related to all aspects of the contemplated project, including, without limitation, the potential demands the Development will make on local and regional streets, highways, parks and recreation areas, water capacity and water lines, sewer capacity and sewer lines, flood and storm drain systems, and energy conservation, and the effect on school capacity, traffic, pedestrian safety, noise and air quality. impacts. The City has further reviewed and considered from a variety of perspectives, and has analyzed pursuant to a variety of assumptions, the projected future regional and cumulative environmental demands that will compete with the Development for available capacities and cumulatively add to potential adverse impacts. In so doing, the City has considered among other things, the possibilities that: OC11 \AEC \CAL- PAC \CAI,- PAC.AG4 757 (i) Federal, local, regional and state plans, if any, for provision of new infrastructure systems or expansion of existing infrastructure systems may be 'delayed, modified or abandoned; (ii) The types, intensities, and amount of future regional development may exceed or otherwise be different from that currently being planned by the City and other local agencies; and (iii) Regional and Development generated demands on infrastructure and utility improvements to be constructed as a part of the Development may exceed in either the short run or the long run the allocated capacities for such demands. After assessing these and other potential adverse environmental impacts associated with the development of the Property, the city has imposed mitigation measures through the EIR, and this Development Agreement to the fullest extent the City considers feasible and necessary. The City has determined that phased completion of the Development in the manner contemplated will itself provide the mitigation measures needed to contribute to alleviate short run and long run potential adverse environmental impacts, and that the public benefits of the Development override any potential adverse environmental impacts which may arise during the development period; therefore, the City agrees, consistent with California Public Resources Code Section 21166, that no subsequent or supplemental environmental impact report shall be required by the City for the subsequent discretionary approvals except as set forth in said section. (c) Susan /sunflower Traffic Signal. Developer shall install a traffic signal at the intersection of Susan Street and Sunflower Avenue (the "Sunflower signal ") in accordance with standard traffic signal warrants. Because the sunflower Signal will benefit other property in the vicinity of the Development, the City shall use its best good faith efforts to enter into an agreement (the "Sunflower Agreement ") with the City of Costa Mesa ( "Costa Mesa ") (i) requiring Costa Mesa to collect "fair share" funds (the "Sunflower Funds ") from landowners with development projects in the vicinity of the Development (including, but not limited to, the "Metro Pointe" project of Arnel Development Company) as a condition to granting any development approvals for such projects, to the extent authorized by law, and (ii) requiring Costa Mesa to transfer to the City all Sunflower Funds collected pursuant to the Sunflower Agreement. In such event, the oC11 \DuC \C"- PA% \CA .- PAC.AG4 758 City shall transfer all Sunflower Funds to Developer, up to an aggregate amount equal to fifty percent (50 %) of Developer's total cost of installing the Sunflower Signal. (d) Lake Center /MacArthur Traffic Signal. Developer and the City agree that the intersection of Lake Center Drive and MacArthur Boulevard adjacent to the Property may require a traffic signal during the term of this Development Agreement (the "MacArthur Signal "). At any time the City determines through traffic monitoring that the MacArthur Signal is warranted, the City may, by providing notice to Developer, require Developer to (1) install the MacArthur Signal in accordance with standard traffic signal warrants, or, at Developer's option, (2) pay to the City the cost of installing the MacArthur Signal, in which case the City shall install the signal. To ensure the performance of Developer's obligation, Developer shall post a "faithful performance" bond in the amount of One Hundred Fifty Thousand Dollars ($150,00o.00) as a condition to the City's issuance of a certificate of occupancy for the first building on the Property constructed after the effective date of this Agreement. The City shall release the bond at the earlier of (i) the Developer's completion of installation of the MacArthur Signal, or (ii) six months after Developer provides accurate written notice to the City that the Development is at least ninety percent (901) occupied, at which time, if the MacArthur Signal has not become warranted, the Developer's obligation to install the MacArthur Signal shall be extinguished. 14. Rnforcement. Unless amended or cancelled as provided in Paragraph 11, this Development Agreement shall continue to be enforceable by any party to it, notwithstanding a change in general or specific plans, zoning, subdivision, building or other regulations adopted by the City which alter or amend the rules, regulations or policies applicable to the Development. 15. suparsepsion of AgreemenL av uaanUaS .JL_a1u" Federal _Law. In the event that State or Federal laws or regulations enacted after this Development Agreement have been entered into or the action or inaction of any other affected governmental jurisdiction prevents or precludes compliance with one or more provision of this Development Agreement that requires changes in plans, maps or permits approved by the City, the parties shall: (a) Provide the other party with written notice of such State or Federal restriction, provide a copy of such regulation or policy as a statement of conflict for the provisions of this Development Agreement; and 0011 %pRC \CAL -PAC \CAL- PAC.Aa4 10 759 (b) Promptly meet and confer with the other party in a good faith and make a reasonable attempt to take such action necessary to protect and preserve the validity and enforceability of this Development Agreement, including modification or suspension of this Development Agreement, only if such action would be ultimately necessary to comply with such Federal or State law or regulation and at the same time would protect and preserve the Development Plan contemplated by this Development Agreement. Thereafter, regardless of whether the parties reach agreement on the effect of such Federal or State law regulation upon this Development Agreement, the matter shall be scheduled for a hearing before the City Council, upon thirty (30) days notice, for the purposes of determining the exact action which is required by such Federal or State law or regulation. 16. Enforced Delay and Extension of Times of Perf_ oormance, In addition to specific provisions of this Development Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are demonstrated to be due to acts of God, war, acts or omissions of the City, acts or omissions of third parties which are not a party to this Development Agreement, including but not limited to, other governmental agencies; or other causes beyond the reasonable control of Developer. An extension of time in writing for any such cause shall be granted for the period of the enforced delay, or longer as mutually agreed upon, which period shall commence to run frog the time of commencement of cause. 17. Notices. Any notice or instrument required to be given or delivered to either party to the Development Agreement may be given or delivered by depositing the same in the United State's mail, certified mail, postage prepaid, addressed to: City: City of Santa Ana. 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Attn: City Manager Developer: California Pacific Properties 3070 South Bristol Street, Suite 440 Costa Mesa, California 92626 Attn: Mr. Gregory Butcher Notice of change of address shall be delivered in the same manner as any other notice provided herein, and shall be effective three days after mailing by the above- described procedure. 0all \DEC \CAL- PAC \CAL- FAC.AG4 11 760 18. Breach and Remedies. Notwithstanding any provision of this Development Agreement to the contrary, Developer shall not be ,deemed to be in default under this Development Agreement, and the City may not terminate Developer's rights under this Development Agreement unless the City shall have first delivered a written notice of any alleged default to Developer, which shall specify the nature of such default. If such default is not cured by Developer within ninety (90) days of service of such notice of default, or with respect to defaults which cannot be cured within such period, Developer fails to commence to cure the default within thirty (30) days after service of the notice of default, or thereafter fails to diligently pursue the cure of such default until completion, the City may terminate Developer's rights under this Development Agreement. in the event of a default by either party which is not cured within the time prescribed hereinabove, the non - defaulting party may undertake one or more of the following remedies: (a) Terminate this Development Agreement by written notice stating the grounds for such action; or (b) Institute an action for specific performance of this Development Agreement, it being expressly agreed that, in the event of a breach of this Development Agreement, irreparable harm is likely to occur to the non - breaching party and damages are not an available remedy. In no event shall either party to entitled to damages against the other party based upon the other party's default under this Development Agreement. 19. Estoppel Certificate. Either party may, at any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) this Development Agreement is in full force and effect and a binding obligation of the parties, (ii) this Development Agreement has not been amended or modified either orally or in writing, and if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Development Agreement, or if in default, to describe therein the nature and amount of any such defaults. The party receiving a request hereunder shall execute and return such certificate _ within thirty days following the receipt thereof. The City acknowledges that a certificate hereunder may be relied upon by transferees and mortgagees of Developer. 20. Entire Agrggemen t. This Development Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the Development Agreement in full. Any agreement or Oc1A \DBC \CAL - PAC \CAL- PAC.Aa1 12 1 11 . - '761 representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Development Agreement, is null and void. 21. Recordation of Agreement. This Development Agreement and any amendment and cancellation hereof shall be recorded in the Official Records of the County of Orange by the Clerk of the City within the period required by Section 65868.5 of the Government code. 22. Severability. If any term provision, condition, or covenant of this Development Agreement, or the application thereof to any party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Development Agreement shall be valid and enforceable to the fullest extent permitted by law. 23. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Development Agreement. 24. Counterparts. This Development Agreement has been executed in one or more counterparts, each of which has been deemed an original, but all of which constitute one and the same instrument. 25. Time of Essence. Time is of the essence in the performance of the provisions of this Development agreement as to which time is an element. 26. Date. This Development Agreement shall be dated as of the date of adoption of an ordinance of the City approving this Development Agreement, it being understood that such an ordinance shall not have been submitted to the city Council for adoption until after the execution of this Development Agreement by Developer. This Development Agreement shall become effective on the date said ordinance becomes effective. 3C41 \'SEC \CAL -•PAC \CAS. =PAC . AG4 13 'WA 762 ROBS IN WITNESS WHEREOF, the undersigned have executed this Development Agreement as of the day and year first above written. "City° CITY OF SANTA ANA, a municipal corporation i Sy: V 1 D iel H. You g Mayor ATTEST: Approved to corilali Y nice C. Guy' �',/ City Marrapr City Clerk APPROVED AS TO FORM: Edwar C 4pe , Es City Attorney "Developer" CA By 0C ;1 \DEC \CAL- PAC \CAL- PAC.A04 , 14 D(HIBrr 'A' LEGAL DESCRIPTION Parcel 1 Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California as per map recorded in Book 492, Pages 6 through 9 of Miscellaneous Maps, In the Office of the County Recorder of Orange County. Parcel 2 Parcel 1 of a Parcel Map in the City of Santa Ana, County of Orange, State of California, as per map filed in Book 121, Pages 14 and 15 of Parcel Maps, in the Office of the County Recorder of Orange County; EXCEPTING THEREFROM all of Lots f and 2 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per map recorded In Book 492, Pages 6 through 9 of Miscellaneous Maps, in the Office of the County Recorder of Orange County. Parcel 4 Parcels 1 and 2 of Parcel Map No. 84 -876 in the City of Santa Ana, County of Orange, State of California, as shown on a map thereof filed in Book 196, Pages 22 through 24 of Parcel Maps, in the Office of the County Recorder of said Orange County. Parcel 5 That certain parcel of land situated In the City of Santa Ana, County of Orange, State of California, being that portion of Parcel 2 as shown on a map filed in Book 127, Pages 46 and 49 of Parcel Maps in the Office of the County.Recorder of said Orange County lying northerly and northwesterly of the northerly and northwesterly line of Lot 6 of Tract No. 11421 as shown on a map thereof filed in Book 505, Pages 20 through 22 of Miscellaneous Maps in said Office of the Orange County Recorder. '765 766 EXHIBIT B .MAP OF PROPERTY The map of the property is set forth in the attached copies of "Site Plan and "Existing and Future Buildings." 76� Lot 1 Tentative Tract Map 11 5.583 Acres Lot 2 Tentative Tract Map 11308 3.520 Acres .0 Parcel 2 Parcel Map 84 -876 3.150 Acres Lot 2 Tract Map 11420 6.688 Acres Lot 1 Tract Map 11420 40%. ffm Lot 1 Tract Map 1142L 3.153 Acres Parcel 1 Parcel Map 84 -876 7.091 Acres LEGEND: EXISTING BUILDING 11rdD11'. FUTURE BUILDING _ Swll�eaa S1.aN Sousa; STA, Ina. ER�CC�SIIt�IY"`� Tentative Tract Map 11308 FIGURE PiG G Lot 1 5.583 Acres Lot 2 3.520 Acres NOT TO SOAL9' Tract Map 11421 Lot 1 3.153 Acres Parcel Map 84 -876 Parcel l 7.091 Acres gee Asa �= Parcel Tract Map 4119159:KF Lot 1 _ Lot 2 2 11420 3.150 22 8 Acres Acres Acres SITE PLAN 30.901 Acres ..........� w w n 768 4f- \,,,// Stmt APPROXIMATE PLAN , LACE CENTER A PROFESSIONAL OFFICE PARK California Pacific Properties Santa Ana N . 4 LEGEND: EXISTING BUILDING FUTURE.91.1ILDING . 769 EXHIBITS EXISTING DEVELOPMENT AEGDLATIONS -- PARTIAL Sec. 41 -670. Standards for approval. Plans for a development project shall be approved if the development project, as proposed in the plans, satisfies the following standards: (1) The development project is consistent with the general plan and with any applicable specific plan adopted pursuant to California Government Code, Section 65450 et seq. (2) The development project is consistent with development design and architectural standards adopted by resolution of the city council. (3) The development project provides for adequate vehicular and pedestrian access and circulation and vehicular parking. (4) The development project provides for adequate access for city emergency and service vehicles and equipment. (5) The development project provides for adequate utility services. (6) The development project complies with all applicable standards and regulations set forth in this chapter, including but not limited to landscaping requirements, trash area enclosures, and screening requirements for loading and parking areas. oC1I \DEC \CAL -PAC \CAL,- PAC.A04 iii 5A��5 770 Dl' LIFT (August 7,119D) AXIZ21T D JAKE OMER aP8OYPI0 DSVELMM MiTTGATTON MONITORING PLAN EARTH RESOURCES 1. Grading shall be conducted by the project applicant in accordance with plans prepared by a civil engineer and based on recommendations of a soil engineer and an engineering geolo¢ist subsequent to.the completion of a comprehensive coil and geologic investigation for the proposed structures. Permanent reproducible copies of the `Approved as Built" grading plans on standard size sheets shall be furnished by the project applicant to the Building Department 1, 7imin g of lmolemcntation/Verifcat : Prior to grading permit issuance & during grading operation A�ethod of Verification: Grading plan check and periodic field ® inspection during grading operation R�,cible pamr ST., Ian Check Engineer, Building Division j�crification (Names ' Date* 2. A complete erosion study shall be prepared by the project applicant prior to the start of any grading activities to minimize the erosion potential created during development, and grading operations by the applicant shall be in conformance with all City of Santa Ana ordinances pertaining to grading. Timing o ImpiGmentation/Verifiealion: Prior to grading permit issuance and during grading operation Method of VeriGgation: Grading plan check and periodic field inspections .... , UVC2MW Check Engineer, Division Veriacation •n n® M u 77L DILIFr (August 9, 1990) 3. Possible water erosion during construction shall be mitigated by the installation of temporary erosion control devices by the project applicant, as required by the State Regional Water Quality Control Board. Timing of implementation/Verification: Ptlor to grading permit issuance and during grading operation Grading plan check and periodic field inspections Sr. Plan Check Engineer, Building Division 4. Utilization of desiltation devices such as sandbags in areas that may discharge into city streets shall be implemented by the project applicant prior to the commencement of grading activities. Timing of Imp] ementationflVedfication: Prior to grading permit issuance Methodof Verification: Grading plan check and field inspection Recnonsible Pariv: Sr. Plan Check Engineer, Building Division Verification (Name & Date): S. The grading plan prepared by the applicant shall include a description of haul routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations. Timing or Itpplemeni ation/VeriBeation: Prior to approval of any grading permits and implementation during grading phase Method of Verification: Grading plan check and periodic field inspections Res,nonsibie Party Sr. Plan Check Engineer, Building Division Verirication name & -Vj*- MIM- fP 2 772 DRAFT (August 7, 1990) 6. All structures shall be designed by the applicant in accordance with the scismic design provisions of the Uniform Building Codes to promote safety in the event of an earthquake. Timing or Implement to ionNeritication: Prior to approval of any grading permits and implementation duri..g grading phase ethod of Verification: Grading plan check and periodic field inspections Responsible Party Sr. Plan Check Engineer, Building Division Vrrifi a ion (game & Data): VPATER Prior to issuance of grading permits, onsite drainage improvement plans prepared by the applicant shall be reviewed and approved by the City of Santa Ana Public Works Department, and said onsite improvements shall be constructed by the project applicant. RPM risible Parties: Mr4NIFUNTOWIll Prior to grading permit issuance Grading plan check and field inspection Sr. Plan Check Engineer, Building Division & Manager, Engineering Services 8. All development within the Santa Ana River floodplain shall be carefully reviewed by the City of Santa Ana to ensure that it is located and designed to minimize potential damage from flooding and to ensure that such development does not endanger other ... r .r IlUTZMAIIII ; Prior to grading permit issuance Grading plan check and field inspection Sr. Plan Check Engineer, Building Division & Manager, Engineering Services DRAFT (August 7, 1990) 9. ne proposed project shall comply with city standards described in the General Plan as they apply to buildings and parking structures located in a tloodplain. Timing of lmnleplzntationlVerifieation: Prior to grading permit issuance Method of Vttification: Written evidence provided by applicant Ree,pongib]e Parties: Sr. Plan Check Engineer, Building Division & Manager, Engineering Services kY.r1Ur;.TM* i s NOISE 30. All construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m., Monday through Saturday. No construction shall be permitted on Sundays or federal holidays. Timing-pf 1mplementation(Verif cation: Prior to grading permit issuance Method of Verification: Grading plan check and field inspection Responsible Parties: Sr. Plan Check Engineer, Building Division Verification (Name & Date): 11. Where appropriate, construction equipment shall be muffled to reduce construction noise impacts. Timing of Prior to grading permit issuance Method of Verification: Grading plan check, written verification provided by appliant, and field inspection Responsible Parties: Sr. Plan Check Engineer, Building Division Verification Wsme & Date): 4 . 773 774 12. 13. DRAFT (August 711M) All construction activities shall comply with all local, state, and federal construction noise regulations. Prior to grading permit issuance Writtenverification from applicant & field inspection Sr, Plan Check Engineer, Budding Division w •O /► a �• The project applicnnt shall use a textured parking surface, such as asphalt or textured concrete in the parking structure to reduce tire noise. 13MITSTINOMUT01 •� LIGHT AND GLARE Prior to building permit issuance Architectural plans check and field inspection Sr. Plan Check Engineer, Building Division 14. All rooftop mounted parking structure lights shall be located and shielded so that all light is contained within the boundaries of the project and no light spillage occurs to adjacent propertics. Timing of Imp>ementationlVerifimation: Prior to building permit issuance Method of Verification: Architectural plans check and field inspection Responsible Parties: Sr. Plan Check Engineer, Building Division Verification (Name & Datt) : 885MMP E ,IF DRAFT (August 7, 1990) 15: All parking stricture interior lights shall be high intensity discharge (stem mounted) with no light spillage to adjacent properties. No fluorescent tube Cultures shall be allowed. IMAM l[TWOTITO Prior to building permit issuance Architectural plans check and field inspection Sr. Plan Check Engineer, Building Division 16. Light and glare from automobiles within the parking structures shall be screened with solid, opaque wall materials while maintaining all ventilation requirements of the Uniform Building Code. :Dining of Implementation/Verification: Prior to building permit issuance Method of Verification: Architectural plans check and field inspection 17 p IYAMl Egs2onsible Parties: Sr. Plan Check Engineer, Building Division Vgtifjcation (Namr Date) The applicant shall install non - reflective glass » indows on the bottom floors of all new buildings. iuf�(T.T1ft7iiil]�l . r a .'�1 v Prior to building permit issuance Architectural plans check and field inspection Sr. Plan Check Engineer, Building Division 775 776 DRAFT (August 9, 1990) TRAFFICICIRCULATION 1S. With the first building permit for the proposed project, the project applicant shall construct a traffic signal at the intersection of Susan Strect/Sunflower Avenue in accordance with standard traffic signal warrants. Under the terms of a pending reimbursement agreement between the cities of Santa Ana and Costa Mesa, the project applicant shall install, and provide initial costs for, this traffic signal but shall eventually be reimbursed for all but the "fair share" of the signal costs associated with the proposed Lake Center project. Timing oP 1m 1 me ationNerjji ac tion; Concurrent with first building permit construction 19. 20. Method of Verification: Improvements plan check and field inspection Responsible Parties: Manager, Engineering Services Verification (game " bate) The project applicant shall install multiway (4 -way) "stop" signage at the intersection of Lake Center and Susan Sireet. Prior to first building permit issuance Improvements plan check and field inspection Sr. Plan Check Engineer, Building Division k. Manager, Engineer Services The project applicant shall post a faithful performance bond for the future installation of a traffic signal at Lake Center and MacArthur Boulevard. This intersection shall be monitored as the project is constructed for satisfaction of signal warrant requirements and the signal shall be installed as warranted. F.mm-romarsom k=ffg-m WWII Prior to grading permit issuance Written evidence provided by applicant Sr.. Plan Check Engineer, Building Division & Manager, Engineer Services DRAFT (August 7t 1990) 21, The project applicant shall pay the City of Santa Ana transportation system improvement fees which contribute funding towards needed areawide transportation improvements. Timing of ImpjementationNerification: Prior to grading permit issuance Method of Verification: Written evidence provided by applicant& City Manager's Office Responsible Patties: Sr. Plan Check Engineer, BuDding Division & Manager, Engineer Services mamn. /► n �: 22. The project applicant shall provide plans for and install a bus stop shelter at the existing bus stop location at Susan Street/Sunflower Avenue in accordance with Orange County Transit District standards. Said plans shall be reviewed and approved by the City of Santa Ana and OCTD prior to issuance of building permits. Timm of 1mn1em4ntationLyerification: Prior to building permit issuance Method of Verific to ion: Written evidence provided by applicant & OCTD R �nnnc'j�1e Panics: Sr. Plan Check Engineer, Building Division & Manager, Engineering Services kRIMIR-TUOTIN 23. The project applicant shall implement the proposed Transportation Demand Management (TDM) Plan for the new development proposed within the Lake Center specific development area. The TDM Plan shall be administered by an onsite coordinator who shall be the responsibility of the property owner. Timing of [mplementationNerffjcation: Ongoing during life of project ,M�nbod of Vedficalio, Written evidence provided by applicant on an annual basis Manager, Engineering Services& Manager, Planning Department G:885M3MP.BB 777 •778 DRAFT (August 7t 1990) 24. Lighting plans prepared by the project applicant shall be revised and approved by the City of Santa Ana prior to building permit issuance to ensure that pedestrian acecss routes to the bus stop at Sunflower and Susan are adequately illuminated. Timing of Implementation/Verification: Prior to building permit issuance Method of Verification: Plan check and field inspection Ressponst eParties: Manager, Engineering Services & Sr. Plan Check 'Engineer, Building Division 25. A stop sign shall be installed by the project applicant at all driveway locations to control outbound traffic Cows. The City of Santa Ana Public Works Department shall review and approve placement of stop signs prior to issuance of building permits. Timin of ImplementationNerifcation: Prior to building permit issuance Method of Verification: Improvements plan chuck and Geld inspection Resoonsble Parties: Manager, Engineering Services & Sr. Plan Check Engineer, Building Division . MMO . •t 4 n 26. Landscape plantings and signs shall be limited by the project applicant to 36 inches in height within 25 feet of project driveways to ensure good visibility. The City of Santa Ana Planning Department shall review and approve landscape plans prior to issuance of grading permits. ruing of Imnlcglen tat ionNerification: Prior to building permit issuance Method of Verification: Landscape plans check and field inspection Resnonsib le Parties: Manager, Engineering Services & Sr.Plan Check Engineer, Building Division •s n a. GI�iTi�i7 779 DRAFT (August 7, 1990) 27. To ensure smooth traMe operations for vehicles entering and exiting the site, a striped median shall be provided by the project applicant on Susan Street. The City of Santa Ana Public Works Department shall review and approve onsite roadway improvements prior to issuance of building permits. Timine pf ImplementaflonMrificatio n: Prior to building permit issuance Method of Verification: improvements plan check and Geld inspection Responsible Parties; Manager, Engineering Services & Sr. Plan Check Engineer, Building Division r. I ;u •: AIR QUALITY 28. The applicant shall implement fugitive dust suppression measures in accordance with South Coast Air Quality Management D'istrict's Rule 403. Implementation of these measures shall he monitored and reported to the City of Santa Ana. n r a u. a •� •� . •t 1 .0 ). Prior to grading permit issuance Grading plan check and field inspection Sr. Plan Check Engineer, Building Division 29. Prior to the issuance of building permits for any new industrial uses, the applicant shall provide evidence to the City of Santa Ana demonstrating compliance with all SCAQMD Regulations, including Regulation XI11, New Source Review, as applicable. Timing of,lmpIrra ntation/Verification: Prior to building permit issuance Method o[ Verif cap tion: Written evidence provided by applicant Res2msiblc; Sr. Plan Check Engineer, Building Division Verification (Name & Date): 885MMP 10 i DRAFT (August 7, 1990) PUBLIC SERVICES, UTILITIES AND ENERGY CONSUMPTION Polices Services 30. Lighting of the project site shall comply with the Santa Ana Security Ordinance. lighting plans shall be reviewed and approved by the City of Santa Ma prior to issuance of building permits. Timing of Implemen tat ion/Veri iication: Prior to building permit issuance Method of Verification: Architectural plans check and field inspection Responsible Parties: Sr. Plan Check Engineer, Building Division Verification (Name & Date): 3I. Requirements for private security systems shall be determined by the City of Santa Ana Building Department prior to issuance of occupancy permits, and shall be installed by the project applicant accordingly. Xmliag_QLJ=Itrn;ntation/V-criricatio n: Prior to issuance of certificates of occupancy Pzmmmn- AV-no . • • l Architectural plans check and final inspection Sr. Plan Check Engineer Building Division 32. The project applicant shall pay an area fee to the city based on an area fee allotment formula for acquisition of fire department personnel and equipment. u .• • * •, L .• � aL�7litf 885'•iMP 1 I Prior to building permit issuance Written verification from City Manager's office Sr. Plan Check Engineer, Building Division & Fire Department DRAFT (August 7, 1990) 33. As determined by the City of Santa Ana, the project applicant shall provide funds to hire an additional Fire Safety Analyst for that period of time from initial plan submittal to approval of final tenant improvement plan, or provide an independent fire plan check company (approved by the Santa Ana Fire Department) to do the fire plan check for this project. ne of I_ plementatjonNerification: Prior to tentative tract map submittal j�v pl od of Vepjjp ®lion: Written verification from City Manager's office Responsible End = Sr. Plan Check Engineer, Building Division & Fire Department, Plan Review Man9gcr hmirTIUMVIN 34. As determined by the City of Santa Ana, the project applicant shall provide funds to h:: a an additional Fire Safety Specialist II for that period of time from laying of foundations to the Certificate of Occupancy for the final tenant improvement plan. Timing of TrnolementationlVerification: Prior to final tract map submittal Method of Verification: Written verification from City Manager's office Responsible Parties: Sr. Plan Check Engineer, Building Division & Fire Department, Plan Rctiew Manager wmio, 0=1 12 35. Prior to building permit issuance, the City of Santa Ana shall require that the project plans include built -in fire protection in individual buildings when circulated fire now exceeds 3,500 gallons per minute. Timing of f Prior to building permit issuance Mtthod of V Building plans check and field inspection �nonsihl Parti -s: Sr. Plan Checb Engineer, Building Division & Fire Department, Plan Review Manager Rn5MMP 12 7'8 2 DRAFT (August 7, 1990) 36. Prior to building permit issuance landscape plats shall be reviewed and approved by the City of Santa Ana to confirm that landscaping materials include fire- retardant plant species. 37. to I" Prior to building permit issuance Landscape plans check and field inspection Sr. Plan Check Engineer, Building Division & Fire Department, Plan Review Manager Prior to building permit issuance, the City of Santa Ana shall require that the project plans include use of fire- retardant building materials. Timine of ImnlementatiQ,p./VGncation: Prior to building permit issuance u fir. . am .� ., ,� �• Architectural plans check and Geld inspection Sr. Plan Check Engineer, Building Division & Fire Department, Plan Review Manager Reinforcement of onsite telephone facilities shall be. implemented by the project applicant. Onsite telephone facilities intended for acceptance by Pacific Bell shall be built to Pacific Bell specifications. J'imin2 of Lmnlementation8Vcri[icat : Prior to building permit issuance PIMITOT-In' . ., .., ara t s 13 Improvements plan check and written verification from Pacific Bell Sr. PIan Check Engineer, Budding Division (r I I ii I� DRAFT (August 7, 1990) 39. Prior to building permit issuance, the project applicant shall consult with Southern California Edision (SCE) and Southern California Gas (SCG) representatives to ensure the proposed project design is compatible with existing electrical and natural gas services, respectively, and to reduce impacts of possible short -term outages to existing customers during construction. o-TS. ., a .� •n - Prior to building permit issuance Improvements plan check and written verification from Southern California Edision and Southern California Gas Sr. Plan Check Engineer, Building Division 40. Prior to issuance of building permits, the City of Santa Ana shall determine through plan reviews that installation by the project applicant of needed onsite electrical and natural gas systems to serve the project shall be coordinated with installation of other utilities. 0301TOT41ne •� L-09 - h 11 Fnf�`Pn IreTtWOMMWINON Prior to building permit issuance Improvements plan check and Geld inspection Sr. Plan Cheek Engineer, Budding Division & Manager, Engineer Services 41. Prior to issuance of building permits, the City of Santa Ana shall determine through plan reviews that all buildings constructed by the project applicant within the project site shall adhere to the State Title 24 energy standards, which set forth energy conservation requirements. Mining of imolemcntationNerification: Prior to building permit issuance Method of Vcri(ication: Buildingand architectural plan checks and field inspection Responsjble Parties: Sr. Plan Check Engineer, Building Division Verification (Zjame & Date) M51M LI` 14 ., 784 DRAFT (August 7, 1990) 41 Prior to issuance of building permits, the'City of Santa Ana shall determine through plan reviews that all appliances to be installed by the project applicant within the project site shall be energy efficient in accordance with the California Administrative Code, Title 20, Chapter 2, Subchapter 4, Article 4. Timing of lmplemenlal!Qn8��: Prior to building permit issuance h4ethod of Verification: Building and architectural plan cheeks and field inspection Responnsjble Parties: Sr. Plan Check Engineer, Building Division Verification (Name & Date) 43, The project applicant shall consult with SCE and SCG concerning energy conservation Programs that could be incorporated into the project during construction. Timing of erification: Prior to building permit issuance Method of Veification: Written verification from Southern California Edision & Southern California Gas Responsible Parties: Sr. Plan Check Engineer, Building Division % dfication !came & Datel; 44. Prior to building permit issuance, plans for private onsite water supply facilities to serve the project (fire hydrants and water lines) shall be reviewed and approved by the City of Santa Ana Public Works Department, and shall be installed subsequently by the project applicant. liming of ImplementatignNerifica=: Prior to building permit issuance _Method of Verification: Improvements plan check and field inspection Respgrisible Parties: Sr. Plan Check Engineer, Building Division & Manager, Engineer Services m wwwaTIFt U. r, r. 15 t.. ; p DRAFT (August 7, 1990) 785 45. Prior to building permit issuance, the City of Santa Ana Public Works Department shall determine that water conservation measures are incorporated into the site design in accordance with applicable state and city statutes and policies, including the use of low -flush toilets, low -now faucets, self- closing valves on drinking fountains, water pressure - reducing valves, low -water -using plants in landscaping, and efficient landscape irrigation systems that minimize runoff and evaporation and maximize water reaching 1 plant roots. i i Timing of lImplementatdonNerification: Prior to building permit issuance Method_Qf Verification: Landscape plan check and building (plumbing) plan check and field inspection Rbsponsihle Parties: Sr. Plan Check Engineer, Building Division & Manager, Engineer Services kmaRrorlwo n 46, Prior to building permit issuance, onsite wastewater collection facilities needed to serve the project shall be reviewed and approved by the City of Santa Ana Public Works Department and shall be installed by the project applicant. Timing of lem ntationNerification: Prior to buuding permit issuance Method of Verification: Improvements plan check and field inspection Responsiblg Parties: Sr. Plan Check Engineer, Building Division & Manager, Engineer Services i num"Two l 47- Prior to building permit issuance, site plans shall be reviewed by the City of Santa Ana Public Works Department to verify that adequate space is provided onsite for recycling receptacles. Ti i of jrnplementation!Verification: Prior to building permit issuance i i Mr,.thod of Verifjcgt o Building plans check and field inspection Respgrii,81c Pan des: Sr. Plan Check Engineer, Building Division & Manager, Engineer Services Q0 5MI.— 16 �pj Ia DRAFT (August 7, 1990) ATTACHMENT B MITIGATION MONITORING PLAN SAMPLE COMPLIANCE VERIFICATION FORM Mitigation Measure: # Issue: (Earth, Water, Traffic, etc.) Location: Onsite Onsite Administrative Project Phase: Design Construction • Operation Description of Activity/Method of Implementation: Disposition: Mitigation measure for the above-noted project phase implc nented. No further action is required. Mitigation measure for the above -noted project phase is not fully implemented. Further action required. (Please explain below) The mitigation measure for the above -noted project phase is not in compliance. Further action required. (Please explain below) Comments/Revisions: Completed by: Name: Title: Date- G- LCMMP.BI3 Approved by: Name: Title: Date: y A- 2005 -195 JW %b RECORDING REQUESTED BY AND WITEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 ATTN: Clerk of the Council Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder Illlllllllillllllllllllllllllllll lllllllllilll lllllllllllllllllllllllllllllNO FEE 200500062529612:53pm 08110105 116 91 Al 9 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FREE RECORDING GOVERNMENT CODE § 6103 THIS AMENDMENT is made and entered into thislo day of 7�nc , 2005, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City") and C.J. SEGERSTROM & SONS, a California general partnership ( "Developer"). City and Developer hereby agree as follows: A. City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and Developer in the . development process. City enters into the Amendment pursuant to the provisions of the Government Code and applicable City policies. B. The City and California Pacific Properties, a California general partnership, have previously entered into a Development Agreement dated October 15 1990, recorded as Document No. 90- 625289 with the Recorder of the County of Orange (hereafter,referred to as the "Development Agreement). On February 23, 1995, a portion of the property covered by the Development Agreement was transferred to Developer, by Grant Deed recorded as Document No. 95- 0099264 with the Recorder of the County of Orange This Amendment relates solely to the property described in said Grant Deed which is owned by Developer. C. The City and Developer wish to amend the Development Agreement between the parties to extend the Development Agreement's term, which is originally of fifteen (15) years, by adding an additional ten (10) years, for a total of twenty-five (25) years from and after the date of execution of the Development Agreement (subject to express exceptions noted in the Development Agreement). D. The parties hereto acknowledge the following: (1) This Amendment is intended to assure adequate public facilities at the time of development. EXHIBIT 5 75A -46 �1 'qI Q I\ (2) This Amendment is intended to assure development in accordance with City's General Plan, applicable Specific Design Zoning and Capital Improvement Plan, (3) This Amendment will permit achievement of goals and objectives as reflected in the City's General Plan and all applicable Specific Design Zoning. (4) Developer is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process. (5) This Amendment will allow City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. (6) Many of the extraordinary and significant benefits identified as consideration to City for entering into this Amendment represent benefits which would not otherwise be required as part of the development process. F. On April 25, 2005, the Planning Commission of the City ( "Planning Commission "), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing, to consider the Developer's application for this Amendment. The Planning Commission recommended to the City Council of City that it execute this Amendment. On KRq 9 , 2005, the City Council of the City of Santa Ana ( "Council "), after providing notice as required by law, held a public hearing to consider the Developer's application for this Amendment. G. Pirape Affacted by ` is Agreement. This Amendment pertains solely to the property as illustrated in Exhibit "A -1 and described in Exhibit "A -2 to this Amendment, which are incorporated herein by this reference as though fully set for`dt. In case of any discrepancy between Exhibit "A -1 and Exhibit "A -2 , the parties agree and acknowledge that Exhibit "A -2 shall prevail in full. H. Tenn. Section 4 of the Development Agreement is hereby amended to read, in its entirety, as follows: 4. Term. (a) The term ( "Term ") of this Development Agreement is twenty-five (25) years from the date of execution, subject to earlier termination as hereinafter provided. (b) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, any tentative Subdivision Map approval for the Property shall also be extended for a period equal to the period this Agreement remains in effect. 75A -47 I. Effect of Amendment. Exhibits "A -I and "A -2 to this Amendment shall supercede and replace Exhibit "A" to the Development Agreement. Except as necessary to implement the intent of this Amendment, the Development Agreement shall remain in full force and effect. In the event of a conflict, terms contained herein shall prevail over conflicting provisions of the Development Agreement. J. EfFective Date I In hangeed. The parties to this Amendment further agree that the effective date of the Development Agreement, set forth in paragraph 26 therein, is unaffected by this Amendment to the Development Agreement. IN WITNESS WHEREOF, the Parties have executed this Amendment the day and year first above written. ATTEST: 1. Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Approved as to Form. Latham ex Watkins LLLP Bev��fr,, CITY OF SANTA ANA, a charter city and municipal corporation By f David N. Rea City Manager C.J. SEGERSTROM & SONS, a California general partnership, By: Henry T. Segerstrom Management LLC, a California limited liability company, Manager By: _" Henry T. Se erstrom, anager By: HTS Management Co., Inc., a California corporation Manag By: 1 ` Title: Senior Vice Pmsiden_ 75A -48 '%fqc MD us rRI AL q'9T I NC US r R 1 AL w 0 N Ary s W VACANT C - PROPOSED- Q I N UST 1 A L PROPOSED CHARMS FIELD AA LAKIE-CENTUR DRIVE r rRmE CROOLS U.S. POSTAL OFFICE Q J Q W � a W g g lE _ OFFICES 7 U.S, POSTAL O � - CEN TEfl U VACk N� r„ F 2irii" I T SUNFLOWER. ..._.�.... AVENUE�r iti Clfy of 0 0 a I M1l eaA AMENDMENT TO DA 90 -3 73y C.J. SEGERSTROM AND SONS 3500 WEST LAKE CENTER DRIVE SY SEGERSTROM s ' SO -58 PROPERTIES C 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 EXHIBIT "A -191 75A -49 Exhibit "A -2 Legal Description All that certain real property located in the City of Santa Ana, County of Orange, State of California, and more particularly described as follows: Parcel A (Undeveloped Land): Parcel 1, in the City of Santa Ana, County of Orange, State of California, as per map filed in Book 121, pages 14 and 15 of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Also excepting therefrom that portion included within Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the County Recorder of said County. Parcel B (Undeveloped Land): Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Parcel C (Undeveloped Land): Parcel 2 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of California, as per map filed in Book 196, pages 22, 23 and 24 of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. 75A -50 Parcel D (Developed Land): Parcel 1 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 196, pages 22 to 24 inclusive of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. I Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Parcel E (Private Street and Driveway) Lots A, B and C of Tract No. 11421, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 505, pages 20 to 22 inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County. 75A -51 RECORDING REQUESTED BY: Clerk of the City Council City of Santa Ana WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M -30 P.O. Box 1988 Santa Ana, California, 92702 This document is exempt from payment of recording fee pursuant to Govemment Code Sections 27383 and 6103 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT by and between T11E CITY OF SANTA ANA, a California municipal corporation, and C.J. SEGERSTROM & SONS, a California general partnership EXHIBIT 6 75A -52 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ( "Second Amendment ") is made and entered into this _ day of , 2013, by and between the CITY OF SANTA ANA ( "City "), a charter city and municipal corporation, and C.J. SEGERSTROM & SONS ( "Developer "), a California general partnership. City and Developer hereby agree as follows: A. City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and Developer in the development process. City enters into the Second Amendment pursuant to the provisions of the Government Code and applicable City policies. B. City and California "a Pacific Properties, a California General Partnership, previously entered into a Development Agreement dated October 15, 1990, recorded as Document No. 90- 625289 with the Recorder of the County of Orange ( "Development Agreement "). On February 23, 1995, a portion of the property covered by the Development Agreement was transferred to Developer by Grant Deed recorded as Document No. 95- 0099264 with the Recorder of the County of Orange. On June 20, 2005, the City and Developer entered into a First Amendment to Development Agreement ( "First Amendment "), recorded as Document No. 2005000625296 with the Recorder of the County of Orange, extending the term of the Development Agreement over Developer's portion of the property for ten (10) years from the date of execution of the Development Agreement. C. City and Developer again wish to amend the Development Agreement between the parties to extend the Development Agreement's term, which was originally fifteen (15) years, then twenty -five (25) years after adding ten (10) years with the First Amendment, by adding an additional ten (10) years, for a total of thirty -five (35) years from and after the date of execution of the Development Agreement, subject to express exceptions noted in the Development Agreement. D. The parties hereto acknowledge the following: This Second Amendment is intended to assure adequate public facilities at the time of development. This Second Amendment is intended to assure development in accordance with City's General Plan, applicable Specific Design Zoning and Capital Improvement Plan. 3. This Second Amendment will permit achievement of goals and objectives as reflected in the City's General Plan and all applicable Specific Design Zoning. 4. Developer is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals 75A -53 through the regulatory process. This Second Amendment will allow City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. Many of the extraordinary and significant benefits identified as consideration to City for entering into this Second Amendment represent benefits which would not otherwise be required as part of the development process. E. On November 25, 2013, the Planning Commission of the City ( "Planning Commission "), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Developer's application for this Second Amendment. The Planning Commission recommended to the City Council of the City that it execute this Second Amendment. On December 16, 2013, the City Council of the City of Santa Ana ( "Council "), after providing notice as required by law, held a public hearing to consider the Developer's application for this Second Amendment. F. Property Affected by this Agreement. This Second Amendment pertains solely to the property as illustrated in Exhibit A -1 and Exhibit A -2 to this Second Amendment, which are incorporated herein by this reference as though fully set forth. G. Term. Section 4 of the Development Agreement is hereby amended to read, in its entirety, as follows: 4. Term. (a) The term ( "Term ") of this Development Agreement is thirty -five (35) years from the date of execution, subject to earlier termination as hereinafter provided. (b) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, any tentative Subdivision Map approval for the Property shall also be extended for a period equal to the period this Agreement remains in effect. H. Effect of Second Amendment. Exhibit A -1 and Exhibit A -2 to this Second Amendment shall supersede and replace the prior Exhibit A -1 and Exhibit A -2 to the Development Agreement introduced in the First Amendment. Except as necessary to implement the intent of this Second Amendment, the Development Agreement shall remain in full force and effect. In the event of a conflict, terms contained herein shall prevail over conflicting provisions of the Development Agreement. I. Effective Date Unchanged. The parties to this Second Amendment further agree that the effective date of the Development Agreement, set forth in paragraph 26 therein, is unaffected by this Second Amendment to the Development Agreement. 75A -54 IN WITNESS WHEREOF, the parties have executed this Second Amendment the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY: Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager C.J. SEGERSTROM & SONS A California general partnership By: Henry T. Segerstrom Management LLC, a California limited liability company, Manager Manager OR By: Alternate Manager AND By: HTS Management Co., Inc., a California corporation, Manager 75A -55 By: Title: Sr. Vice President 4 �4Q INDUSTRIAL GG9 I N D U S T R I A L � H •a.m_ ®. ®� � � ®G FARO x w ¢ I N D U S T I A L pIAAIS FIELD � J TRADE CENTER °`�' .Er.f �, rr "'Y v .•. � a . t .-r 5 +.+ ':' � CHDOL 1- �����'���' lisswd srpa* Fm'""`4cr %#w.. & sS.' U.S. POSTAL 'c r`r � s'`'Y` "``S,�rt 6� fi .t, '-• r a.. t t o OFFICE Q J W C $ Q W 2 _ OFFIC E9 y U.S, POSTAL O CENTER V � 4 a YA�AN,T� SUNFLOWER. AVENUE city of Co s 1a Mesa AMENDMENT TO DA 90 -3 A C.J. SEGERSTROM AND SONS 3500 WEST LAKE CENTER DRIVE SY SEGERSTROM ° o aI SD -58 PROPERTIES M . P L A N N I N G A N D B U I L D I N G IA G E N C Y EXHIBIT "A -1„ 75A -56 Exhibit "A -2 Legal Description All that certain real property located in the City of Santa Ana, County of Orange, State of California, and more particularly described as follows: Parcel A (Undeveloped Land): Parcel 1, in the City of Santa Ana, County of Orange, State of California, as per map filed in Book 121, pages 14 and 15 of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. I Segerstrom & Sons, a California general partnership, i4 that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Also excepting therefrom that portion included within Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the County Recorder of said County. Parcel B (Undeveloped Land): Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. I Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Parcel C (Undeveloped Land): Parcel 2 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of California, as per map filed in Book 196, pages 22, 23 and 24 of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. I Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. 75A -57 Parcel D (Developed Land): Parcel 1 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 196, pages 22 to 24 inclusive of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Parcel E (Private Street and Driveway) Lots A, B and C of Tract No. 11421, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 505, pages 20 to 22 inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County. 75A -58 (ROH 12/16/13) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND C.J. SEGERSTROM & SONS, A CALIFORNIA GENERAL PARTNERSHIP 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 is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. The City enters into this Second Amendment to Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. The Planning Commission has, following a duly noticed public hearing, on November 25, 2013, recommended approval of this Second Amendment to Development Agreement. D. The purpose of this Second Amendment to Development Agreement is to extend the term of the Development Agreement for an additional ten (10) years, for a total of thirty -five (35) years from the date of execution of the original Development Agreement. E. The project and the use that the owner proposes in connection with the property have been extensively reviewed and considered by the City, and such proposed development and use have been found to accommodate the City's recommendations and suggestions in order to protect the public's interest to enhance the desirability of such proposed development and use. The terms and conditions of this Second Amendment to Development Agreement have been found to be fair, just and reasonable, and the City has concluded that the pursuit of the Project will serve the interests of the City. F. The City Council has held a noticed public hearing on this Ordinance and has considered all testimony presented thereto. Ordinance No. NS -XXX Page 1 of 3 75A -59 G. In accordance with the California Environmental Quality Act, the proposed request has been determined to be adequately evaluated in the previously certified Lake Center Specific Development Final Environmental Impact Report ER No. 1989 -01. H. The proposed project will not adversely affect the General Plan, as is expressly set forth in the Request for Council Action dated December 16, 2013, together with all supporting documents, which are incorporated herein by this reference. Section 2. The Second Amendment to Development Agreement, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City with such non - substantive changes as may be authorized by the City Manager and City Attorney. The Clerk of the Council is hereby authorized and directed to cause this Second Amendment to Development Agreement to be recorded with the County Recorder's Office. Section 3. 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 J2013. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Ryan O. Hodge Assistant City Attorney Miguel A. Pulido Mayor 75A -60 Ordinance No. NS -XXX 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 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 75A -61 Ordinance No. NS -XXX Page 3 of 3 75A -62 RECORDING REQUESTED BY: Clerk of the City Council City of Santa Ana WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M -30 P.O. Box 1988 Santa Ana, California, 92702 This document is exempt from payment of a recording fee pursuant to Government Code Sections 27383 and 6103 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA, a California municipal corporation, and C.J. SEGERSTROM & SONS, a California general partnership EXHIBIT 1 75A -63 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ( "Second Amendment ") is made and entered into this day of , 2013, by and between the CITY OF SANTA ANA ( "City "), a charter city and municipal corporation, and C.J. SEGERSTROM & SONS ( "Developer "), a California general partnership. City and Developer hereby agree as follows: A. City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and Developer in the development process. City enters into the Second Amendment pursuant to the provisions of the Government Code and applicable City policies. B. City and California Pacific Properties, a California General Partnership, previously entered into a Development Agreement dated October 15, 1990, recorded as Document No. 90- 625289 with the Recorder of the County of Orange ( "Development Agreement "). On February 23, 1995, a portion of the property covered by the Development Agreement was transferred to Developer by Grant Deed recorded as Document No. 95- 0099264 with the Recorder of the County of Orange. On June 20, 2005, the City and Developer entered into a First Amendment to Development Agreement ( "First Amendment "), recorded as Document No. 2005000625296 with the Recorder of the County of Orange, extending the term of the Development Agreement over Developer's portion of the property for ten (10) years from the date of execution of the Development Agreement. C. City and Developer again wish to amend the Development Agreement between the parties to extend the Development Agreement's term, which was originally fifteen (15) years, then twenty -five (25) years after adding ten (10) years with the First Amendment, by adding an additional ten (10) years, for a total of thirty -five (35) years from and after the date of execution of the Development Agreement, subject to express exceptions noted in the Development Agreement. D. The parties hereto acknowledge the following: 1. This Second Amendment is intended to assure adequate public facilities at the time of development. 2. This Second Amendment is intended to assure development in accordance with City's General Plan, applicable Specific Design Zoning and Capital Improvement Plan. 3. This Second Amendment will permit achievement of goals and objectives as reflected in the City's General Plan and all applicable Specific Design Zoning. 4. Developer is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals 75A -64 through the regulatory process. 5. This Second Amendment will allow City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. 6. Many of the extraordinary and significant benefits identified as consideration to City for entering into this Second Amendment represent benefits which would not otherwise be required as part of the development process. E. On November 25, 2013, the Planning Commission of the City ( "Planning Commission "), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Developer's application for this Second Amendment. The Planning Commission recommended to the City Council of the City that it execute this Second Amendment. On December 16, 2013, the City Council of the City of Santa Ana ( "Council "), after providing notice as required by law, held a public hearing to consider the Developer's application for this Second Amendment. F. Property Affected by this Agreement. This Second Amendment pertains solely to the property as illustrated in Exhibit A -1 and Exhibit A -2 to this Second Amendment, which are incorporated herein by this reference as though fully set forth. G. Term. Section 4 of the Development Agreement is hereby amended to read, in its entirety, as follows: 4. Term. (a) The term ( "Term ") of this Development Agreement is thirty -five (35) years from the date of execution, subject to earlier termination as hereinafter provided. (b) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, any tentative Subdivision Map approval for the Property shall also be extended for a period equal to the period this Agreement remains in effect. H. Effect of Second Amendment. Exhibit A -1 and Exhibit A -2 to this Second Amendment shall supersede and replace the prior Exhibit A -1 and Exhibit A -2 to the Development Agreement introduced in the First Amendment. Except as necessary to implement the intent of this Second Amendment, the Development Agreement shall remain in full force and effect. In the event of a conflict, terms contained herein shall prevail over conflicting provisions of the Development Agreement. I. Effective Date Unchanged. The parties to this Second Amendment further agree that the effective date of the Development Agreement, set forth in paragraph 26 therein, is unaffected by this Second Amendment to the Development Agreement. 75A -65 IN WITNESS WHEREOF, the parties have executed this Second Amendment the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager C.J. SEGERSTROM & SONS A California general partnership By: Henry T. Segerstrom Management LLC, a California limited liability company, Manager Manager OR Alternate Manager AND By: HTS Management Co., Inc., a California corporation, Manager 75A -66 In Title: Sr. Vice President 4 w N O S G 3 e u W O 0 INO USITR TAIL OFFICES �qo INDUSTRIAL °9r �Og I NO UST R I AL CRAMS FIELD " �IJ444tLo SUNFLOWER AVENUE — I I City GI Ca 9 1 a Mess AMENDMENT TO DA 90 -3 A 11 C.J. SEGERSTROM AND SONS 9500 WEST LAKE CENTER DRIVE SY SEGERSTROM �' $0 -88 PROPEPTIfS I r � j 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 EXHI@I`{"A.j" 75A -67 TRADE O � u - SCHOOLSC O F,�FICES j. u N � p a x ~ U.S. POE TAL _. OFFICE 4 S U a w a a U.S, POSTAL U CENTER SUNFLOWER AVENUE — I I City GI Ca 9 1 a Mess AMENDMENT TO DA 90 -3 A 11 C.J. SEGERSTROM AND SONS 9500 WEST LAKE CENTER DRIVE SY SEGERSTROM �' $0 -88 PROPEPTIfS I r � j 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 EXHI@I`{"A.j" 75A -67 Exhibit "A -2 Legal Description All that certain real property located in the City of Santa Ana, County of Orange, State of California, and more particularly described as follows: Parcel A (Undeveloped Land): Parcel 1, in the City of Santa Ana, County of Orange, State of California, as per map filed in Book 121, pages 14 and 15 of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, iii that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Also excepting therefrom that portion included within Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the County Recorder of said County. Parcel B (Undeveloped Land): Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J, Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Parcel C (Undeveloped Land): Parcel 2 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of California, as per map filed in Book 196, pages 22, 23 and 24 of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. 75A -68 Parcel D (Developed Land): Parcel 1 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 196, pages 22 to 24 inclusive of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Parcel E (Private Street and Driveway) Lots A, B and C of Tract No. 11421, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 505, pages 20 to 22 inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County. 75A -69 75A -70 REQUEST FOR COUNCIL ACTION DECEMBER 16, 2013 TITLE: PUBLIC HEARING — AMENDMENT APPLICATION NO. 2013 -01 TO REZONE NINE PROPERTIES FROM SINGLE - FAMILY RESIDENCE (1111) AND TWO- FAMILY RESIDENCE (R2) TO ARTERIAL COMMERCIAL (C5) AT 1729 TO 2011 NORTH GRAND AVENUE — CITY OF SANTA ANA, APPLICANT CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Amendment Application No. 2013 -01. PLANNING COMMISSION ACTION On November 25, 2013, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2013 -01 by a vote of 5:0 (Crespo and Gartner absent) to change the zoning designation of nine properties from Single - Family (R1) and Two - Family Residential (R2) to Arterial Commercial (C5) for the properties located at 1729 through 2011 North Grand Avenue. The Planning Commission made no changes to the attached staff report (Exhibit A). DISCUSSION This action rezoned nine properties that previously had zoning that was inconsistent with the General Plan land use designation of General Commercial. This zoning clean -up was necessary in order to allow for the re -use of the property for commercial purposes and was undertaken in anticipation of the construction of a new Auto Zone store. FISCAL IMPACT There is no fiscal impact associated with this action. IG . Trevino Exe utive Director Planning & Building Agency AN:rb an\ wp51 \plancomm\AA2013- 01AutoZone.cc Exhibit: A. Planning Commission Staff Report 7513-1 75B -2 �x s7:a PLANNING COMMISSION MEETING DATE: NOVEMBER 25, 2013 TITLE: PUBLIC HEARING — FILED BY THE CITY OF SANTA ANA FOR AMENDMENT APPLICATION NO. 2013-01 TO REZONE NINE PROPERTIES FROM SINGLE - FAMILY RESIDENCE (111) AND TWO- FAMILY RESIDENCE (1112) TO ARTERIAL COMMERCIAL (C5) AT 1729 TO 2011 NORTH GRAND AVENUE Prepared by Ann Hsin -An Ni =xecutive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED Child care (1963) ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO c1 LZa w t 6"C" ra Planning Mana er� Recommend that the City Council adopt an ordinance approving Amendment Application No. 2013- 01. Request of Applicant The City of Santa Ana is requesting approval of an amendment application to change the zoning designation of nine properties located at 1729 to 2011 North Grand Avenue from Single - Family Residence (R1) and Two - Family Residence (R2) to Arterial Commercial (C5). Project Location and Site Description The nine subject properties are located on the east side of Grand Avenue between Seventeenth Street and Santa Clara Avenue. Table 1 below describes the address, lot size and current use of the nine properties. Table 1 Address Lot size Current Use (Year Built) 1729 North Grand Avenue 0.40 acres Animal hospital (1957) 1735 North Grand Avenue 0.38 acres Child care (1963) 1745 North Grand Avenue 0.77 acres Office building (1963) 1805 North Grand Avenue 0.77 acres Auto repair (1970) 1821 North Grand Avenue consist of three parcels) 0.37 acres Restaurant (1970) 2003 North Grand Avenue 0.35 acres Single- family (1920) 2011 North Grand Avenue 0.42 acres Single- family (1952) EXHIBIT A 75B -3 Amendment Application No. 2013 -01 November 25, 2013 Page 2 The sites are surrounded by a public school to the north, a mixture of single- family residential and a public school to the east, and commercial uses to the west and south (Exhibits 1, 2 and 3). Project Description The City of Santa Ana proposes to change the zoning designation of nine parcels from Single - Family Residence (R1) and Two - Family Residence (R2) to Arterial Commercial (C5). This "clean -up" action will create consistency between the properties' zoning designations and General Plan Land Use designation of General Commercial and will create consistency between the zoning and the commercial land uses that occupy the majority of properties that comprise the entire project site. Proiect Background From 1957 through 1970, four separate variances were approved (VA No. 57 -889, VA No. 63 -1801, VA No. 70 -7 and VA No. 70 -42) to allow a variety of commercial uses on these Single - Family Residence (R1) and Two - Family Residence (R2) zoned parcels, as shown in Table 2. Table 2 Address Variance No. Proposed use Zoning 1729 North Grand Avenue VA 57 -889 Animal Hospital R2 1735 -1745 North Grand Avenue VA 53 -1801 Enlar a school and construct office building R1 1801 North Grand Avenue VA 70 -7 Auto and tire sales and service R1 1821 North Grand Avenue VA 70 -42 Restaurant/Pie shop R1 The existing R1 and R2 zoning designations on the subject properties have been in place since at least 1959. At that time, the properties had a General Plan Land Use designation of Low Density Residential (LR7), In 1998, the City Council, as part of its comprehensive update to the General Plan Land Use Element, changed the properties' land use designation to General Commercial (GC). At that time, the zoning designations of the subject properties were not changed to be consistent with the new General Plan Land Use designations; however, this is consistent with other properties citywide whose zoning designations were left inconsistent with their new land use designations. From time to time, the City receives applications for or interest from developers in projects on properties whose zoning designations are inconsistent with the land use designations. In such cases, the City takes the lead to initiate "clean -up" actions to facilitate development on such properties that are consistent with their land use designations. Most recently, the City initiated Amendment Application No. 2013 -3 for the Kia Suzuki Depot dealership located at 909 North Grand Avenue, whose zoning was Multiple - Family Residence (R3) but whose General Plan Land Use designation was General Commercial (GC). 75B -4 Amendment Application No. 2013 -01 November 25, 2013 Page 3 AutoZone is proposing to develop a 7,370 square foot retail store on the parcel at 1735 North Grand Avenue. This application, DP No. 2011 -27, is being reviewed ministerially by staff. The current zoning designation for this property is Single - Family Residence (R1) which does not allow retail sales, while the General Plan land use designation is General Commercial (GC). Retail sales are permitted by right within the Arterial Commercial (C5) zoning district, with the AutoZone project able to move forward if the zone change is approved. General Plan and Zoning Consistency The subject site contains nine properties that have a General Plan land use designation of (GC), which allows for commercial uses such as the existing animal hospital, office, restaurant and auto servicing uses. General Commercial districts are primarily located on commercial corridors and major arterial roadways in the City such as Grand Avenue. Properties along the General Commercial corridors provide commercial and /or service uses accessible from the City's major arterial streets, such as Grand Avenue. The type of uses found in the General Commercial corridors support residents and visitors of the City. The subject parcels are zoned Single - Family Residence (R1) and Two - Family Residence (R2), which allow single- family and two - family dwellings. These designations are not consistent with the current land use designation of General Commercial (GC), which has been in place since 1998. Approval of the amendment application will create consistency between the zoning designations and the General Plan land use designation. Proiect Analysis The inconsistency between the subject sites' General Plan Land Use designation and the zoning has impeded past development interest on the project site, the most recent of which has been by Auto Zone which proposes to construct a retail store at 1735 North Grand Avenue. The inconsistency between the zoning designations, which allow residential uses, and the commercial land use designation prohibits future development of the site. To facilitate commercial development and to create consistency between the land use and zoning designations, an amendment application is needed to change the zoning of these properties from Single - Family Residence (R1) and Two - Family Residence (R2) to Arterial Commercial (C5)(Exhibit 4). The existing R1 and R2 zoning of these properties are intended to facilitate the construction of residential development on these sites, such as single- family dwellings and duplexes, The R1 and R2 zoning designations have been in place since at least 1959 with a consistent Low Density Residential (LR7) General Plan land use designation. In 1998, the City approved a citywide General Plan amendment, with the land use designation for these properties changed to General Commercial (GC) to be consistent with land uses found on major arterial streets. 75B -5 Amendment Application No. 2013 -01 November 25, 2013 Page 4 The majority of the subject properties were entitled between 1957 and 1970. Four land use variances were granted to allow a variety of commercial uses, including the construction of an animal hospital, office building, auto and tire sales and service, restaurant and expansion of a school. These uses have remained at their locations and have been serving the community since the approval of the use variances. Land use variances are no longer permitted in California, and as such, local jurisdictions may not issue such entitlement to allow uses that might be inconsistent with the zoning code or a land use designation. AutoZone is proposing to construct a retail store to replace the school /childcare use on one of the sites. The current R1 zoning designation prohibits the use of the site for commercial purposes; therefore, an amendment application to change the zoning designation is required to facilitate the proposed AutoZone project as well as any future commercial development on the adjacent properties. Staff recommends approval of the amendment application for several reasons. First, the rezoning of the site will create consistency between the zoning and the General Plan land use designation. The C5 zoning designation will provide property owners clear direction in regards to potential land uses, future development opportunities and development standards for these properties. Secondly, these sites are physically suitable for commercial uses. The majority of the sites are currently developed with commercial uses, These sites are located on Grand Avenue, which is an arterial street that serves as a major commercial corridor in the City and has easy access to the Santa Ana (1 -5) Freeway, which makes commercial uses ideal. Thirdly, the rezoning of these sites will make the majority of the existing land uses conforming to the proposed zoning designation. Currently, the animal hospital, office building, auto and tire sales and service and the restaurant are not permitted in the R1 or R2 zoning districts, which makes these uses legal non- conforming. The rezoning of the site will bring the commercial land uses into compliance with the zoning code and will allow future improvements to be made to these sites. If the residential zoning designation were to remain, these sites would still be occupied by commercial uses, but future developments and improvements would be restricted. The legal non - conforming provision of the code would limit work on these sites to maintenance and would preclude extensive rehabilitation, expansion or new development. Moreover, these SAMC provisions would allow the current residential uses at 2003 and 2011 North Grand Avenue to continue, allowing the property owners to continue to maintain their properties, but would also preclude any residential expansion on their properties. Public Notification The subject properties are located within the boundaries of the Portola Park Neighborhood Association, which was notified of this project. Staff presented the project at their Association meeting on September 18, 2012. At that meeting, the Association and the adjacent property owners expressed support for the proposed project. The individual property owners were contacted regarding the proposed zone change. The project sites were posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 75B -6 Amendment Application No. 2013 -01 November 25, 2013 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2011 -69 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2013 -01. -- Z? 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CALIFORNIA 114411 Y� aEeTNE05aroF A ull SECTIONAL , A A PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA. CALIFORNIA aEeTNE05aroF A ull ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING NINE PROPERTIES LOCATED BETWEEN 1729 AND 2011 NORTH GRAND AVENUE FROM SINGLE - FAMILY RESIDENCE (R1) AND TWO- FAMILY RESIDENCE (R2) TO ARTERIAL COMMERCIAL (C5) (AA NO. 2013 -01) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2013 -01 has been filed by the City of Santa Ana to change the zoning district designation of certain real property located at 1729 to 2011 North Grand Avenue from Single - Family Residence (R1) and Two - Family Residence (R2) to Arterial Commercial (C5). B. This clean -up action re -zones nine parcels in order to create consistency between the properties' zoning designations and General Plan land use designation of General Commercial (GC) and will create consistency between the zoning and the commercial land uses that occupy the majority of properties that comprise the entire project site. C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on November 25, 2013, on Amendment Application No. 2013 -01 and decided to recommend that the City Council adopt an ordinance approving Amendment Application No. 2013 -01, which is consistent with the General Plan. D. This Council, prior to taking action on this ordinance, held a duly noticed public hearing on December 16, 2013. E. The City Council also adopts as findings all facts presented in the Request for Council Action dated December 16, 2013 accompanying this matter. F. For these reasons, and each of them, Amendment Application No. 2013 -01 is hereby found and determined to be consistent with the 75B -13 General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2011 -69 will be filed for this project. Section 3. The real property located at 1729, 1735, 1745, 1805, 1821, 2003, and 2011 North Grand Avenue in Santa Ana is hereby reclassified from Single - Family Residence (R1) and Two - Family Residence (R2) to Arterial Commercial (C5). An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of , 2013. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Ryan O. Hodge Assistant City Attorney 75B -14 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 Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75B -15 75B -16 aEECxw 9 � AXiP C4A .OIIALO AV 3 II-IIINIIN AV All Fauugx AV — _RFnuvs -n nv OoosT R1 R1 Al AIEI�.OIT I _eEECmtcoo zr Rt Rl $ All v R Rl .. i € o' Al a R1Ex ST mAV o L Acwusv R1 Al R1 C6 RA R1 o AVUax•v € Al 0 Al A.AV All i R1 Al RI Paaicu Av All srsT Sr Al— R1.. RI 3, e1WA PV 3 R1 ll tl Ri A' sT %A1 At_ IT Rl Rl Rl $ rsTH ST All C5 3 Rl ST QRi R1 O REErvrwoP Av urR Sr ., Z 'G Rl E CxSs � R1 ' Ct 'g. P P P C 17TH ST Al FAIRHAVEN AV Q Z -R• � HIE-1— H cxov[rnorvi sr FRnxzex AV o P CS Al s CU AV _ sAOTACUR FFALO PV is Rl R1 euEEAc I$ -AVUCx AV • M Cs wuox AV 6'. Rl 9 Rl AVALON Rl K $i4 Al GPV Pxxo PV '£I R1 PH 3 wAv R1 I cdRt GPTJWNP AV EARRl IN Rt R1 I '31 Rl icxrmoo Lx Cs F Rl Ri I wRrvGOO Lx P Ri Q Al Al - _ IT _Z , 3- vTH ET 3 - -- I- ° Al N d R1 C6 ': p O 17TH ST CS Cs CS Al V$ CATALINAAV SECTIONAL DISTRICT MAP 5 -5.9 A ADOPTED BYTHE SANTAANA CITY COUNCIL, JUNE 1. 1959 BY ORDINANCE NS 373 SLATE Iry FEEr FAtRHAVEN AV 0 PREPARED BY 0l CITY OF SANTA ANA, CALIFORNIA 66 Mum FRO � E Al GENERALAGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DISTRICT Al Rl PLANNED DEVELOPMENT -6000 A, N: UM LOT AREA Q PARKING MODIFICATION -F FLOORAREARATIO PRO p ; R• kt x�cax wv PAyrw GC Q'r 'R2 Al RI DISMICTMAPOIFTHEMWGFSAx ANA.. C14D Y Mt LIGHTINDUSTRIAL R2 TVJO- FAMILY RESIDENCE CD - ._. CI M2 E R3 GVOVEx TIT RI KIAEar ArlE Tr.THIGIMPISATRUE G CENTRALBUSINESS MO Rl Rd SUBURBAN APARTMENT PxO.sss. GIwLSMOONALmGTRIGT C3 -A CENTRAL BUSINESS - ARTISTS VILLAGE € OPEN SPACE RE IRS Jo AM C< aovFrnGxr si CS OVERLAY ZONE G SPECIFIC DEVELOPMENT 54era uvrxEVwo C5 R1 P PROFESSIONAL SP R1 vurvxm nar`illon�iliciiExn ronxAw COMMERCIAL RESIDENTIAL cxSRRr ii mEavr sr R1 aEECxw 9 � AXiP C4A .OIIALO AV 3 II-IIINIIN AV All Fauugx AV — _RFnuvs -n nv OoosT R1 R1 Al AIEI�.OIT I _eEECmtcoo zr Rt Rl $ All v R Rl .. i € o' Al a R1Ex ST mAV o L Acwusv R1 Al R1 C6 RA R1 o AVUax•v € Al 0 Al A.AV All i R1 Al RI Paaicu Av All srsT Sr Al— R1.. RI 3, e1WA PV 3 R1 ll tl Ri A' sT %A1 At_ IT Rl Rl Rl $ rsTH ST All C5 3 Rl ST QRi R1 O REErvrwoP Av urR Sr ., Z 'G Rl E CxSs � R1 ' Ct 'g. P P P C 17TH ST Al FAIRHAVEN AV Q Z -R• � HIE-1— H cxov[rnorvi sr FRnxzex AV o P CS Al s CU AV _ sAOTACUR FFALO PV is Rl R1 euEEAc I$ -AVUCx AV • M Cs wuox AV 6'. Rl 9 Rl AVALON Rl K $i4 Al GPV Pxxo PV '£I R1 PH 3 wAv R1 I cdRt GPTJWNP AV EARRl IN Rt R1 I '31 Rl icxrmoo Lx Cs F Rl Ri I wRrvGOO Lx P Ri Q Al Al - _ IT _Z , 3- vTH ET 3 - -- I- ° Al N d R1 C6 ': p O 17TH ST CS Cs CS Al V$ CATALINAAV SECTIONAL DISTRICT MAP 5 -5.9 A ADOPTED BYTHE SANTAANA CITY COUNCIL, JUNE 1. 1959 BY ORDINANCE NS 373 SLATE Iry FEEr DISYR14CT OW PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA 66 Mum FRO � E Al GENERALAGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -6000 A, N: UM LOT AREA -B PARKING MODIFICATION -F FLOORAREARATIO PRO PLANNED RESIDENTIAL DEVELOPMENT Txls wars THE wr¢uL SacnowL Cl COMMUNITY COMMERCIAL GC GOVERNMENT CENTER Rl SINGLE - FAMILY RESIDENCE DISMICTMAPOIFTHEMWGFSAx ANA.. 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